Utah Administrative Code
Topic - Human Services
Title R527 - Recovery Services
Rule R527-430 - Administrative Notice of Lien-Levy Procedures
Section 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).