Utah Admin. Code 21-3-9

Current through Bulletin 2024-18, September 15, 2024
Section R21-3-9 - Treatment of Injured Spouse Forms
(1) Subject to Subsection R21-3-9(2), upon receipt of an injured spouse claim from the spouse of a debtor, a garnisher shall:
(a) review the claim for validity;
(b) determine the frequency of claims made; and
(c) release the offset of matched funds proportionate to the income of the injured spouse using the following formula: (income of injured spouse/total household gross income) x levied amount.
(2) Recognizing that garnishers are not statutorily required to honor injured spouse claims:
(a) agencies garnishing taxes under this section must honor at least a first-time injured spouse claim that is determined to be valid.
(b) subsequent claims may be denied at the discretion of the garnisher.
(3) Valid injured spouse claims should require at a minimum:
(a) federal tax returns;
(b) IRS Form 8379;
(c) income documents, including all Form W-2s and Form 1099s; and
(d) state tax returns.

Utah Admin. Code R21-3-9

Amended by Utah State Bulletin Number 2019-17, effective 8/7/2019
Amended by Utah State Bulletin Number 2020-13, effective 6/22/2020