Utah Admin. Code R527-430-4 - Procedures for Determining Amount Due to an Unobligated Spouse and Release
(1) If ORS determines that a portion of the
property should be released to the unobligated spouse, ORS will notify the
financial institution or payor pursuant to Subsection
62A-11-304.1(5)(b).
(2) In a case that involves financial
institutions, ORS will determine the amount that the financial institution
should release to the unobligated spouse based upon the proportionate share of
the income earned by the unobligated spouse, or the proportionate share of
deposits made to the financial account by the unobligated spouse, or a
combination of the two methods.
(3)
In a case that involves amounts from a non-means tested lump sum payment,
judgment, settlement, or lottery, ORS will determine the amount that the payor
should release to the unobligated spouse based upon the validity of the
documentation provided to ORS.
(4)
Upon receipt of a notice of release from ORS, the financial institution or
payor shall release the property that is specified in the notice of release,
but continue to secure the remaining property from unauthorized transfer or
disposition until 21 days after the date the original Notice of Lien-Levy was
sent, at which time the financial institution or payor shall surrender the
remaining property to ORS pursuant to Subsection
62A-11-304.1(5)(b).
Notes
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