The Off-Highway Vehicle Registration Sticker (ORS fee) is an annual registration fee required for most off-highway vehicles (OHVs) in Utah such as all-terrain vehicles (ATVs), motorcycles, snowmobiles, and side-by-sides. The fees are collected by the Utah Division of Motor Vehicles and go towards improving and maintaining OHV trails and facilities across the state.
The purpose of ORS fees is to provide sustainable funding for the Utah Off-Highway Vehicle (OHV) program, which oversees OHV recreation opportunities in Utah. The fees help pay for OHV trail maintenance, development and enforcement across public lands in the state. Having OHV riders pay into the program ensures they contribute to preserving access and enhancing trail systems.
ORS Fee Amounts
In Utah, the Office of Recovery Services (ORS) collects fees on certain civil court filings and judgments to help fund the state’s child support enforcement program. The specific ORS fee amounts are set by the Utah State Legislature and depend on the type of case filed.
According to the Utah Legislative Report, the ORS fee amounts as of 2015 are:
- $10 for small claims cases
- $15 for civil cases less than $10,000
- $55 for civil cases between $10,000 – $49,999
- $80 for civil cases over $50,000
- 2% of amount ordered for judgements over $5,000
These ORS fees apply to initial filings and cross filings for divorce cases, paternity cases, domestic relations cases, and any cases where child support may be ordered. The fees help fund child support services like locating missing parents, establishing legal paternity, and enforcing and modifying existing child support orders.
When ORS Fees Apply
ORS fees are assessed on a regular monthly basis for child support cases in Utah that meet certain criteria. The fees help fund the services and operations of the Office of Recovery Services (ORS).
The main instances when ORS fees are charged are:
- On current child support payments – An ORS fee of 6% is assessed each time a current child support payment is processed, up to a maximum of $12 per month.
- On past-due child support payments (arrears) – A 6% ORS fee is also charged on payments applied to past-due child support balances, again capped at $12 per month.
- On tax refund intercepts – If the ORS intercepts a tax refund to cover owed child support, a $25 ORS fee is assessed.
- On license suspension reinstatements – A $20 ORS fee is charged when reinstating a suspended driver’s, professional, recreational or sporting license due to delinquent child support.
So in summary, the ORS fees are regularly applied each month whenever current or past-due child support payments are processed. Additional one-time fees occur for tax refund intercepts and license reinstatements.
Fee Collection Process
The process for collecting ORS fees in Utah child support cases is as follows.
The court will include the ORS fee amount in the monthly child support obligation set in the child support order. This means the fee will be collected along with the regular child support amount each month.
ORS works with employers, courts, and other agencies to collect, track, and distribute child support payments, including the ORS fee. When an employer or agency sends in a child support payment, ORS applies the required ORS fee amount before disbursing the remainder of the payment to the custodial parent. This automated process allows ORS to efficiently collect fees on a monthly basis.[1]
In addition to the monthly collection process, parents can make lump sum payments toward arrears, past-due fees, and retroactive support through the ORS website or mobile app. These online payment options allow parents flexibility in getting accounts up to date.
Overall, the integration of ORS fee collection with regular child support payments and the availability of electronic payment methods allow the courts to systematically and effectively recover program costs each month.
Fee Waivers
Low-income individuals can request ORS fee waivers in Utah. Judges have the authority to approve fee waiver petitions on a case-by-case basis. According to Utah Statute 78B-14-222, ORS mediation fees may be waived for those with “an annual income below the federal poverty guideline updated periodically in the Federal Register by the United States Department of Health and Human Services.” To qualify for a fee waiver in Utah, documentation of financial need must be provided such as pay stubs, tax returns, or proof of government assistance.
Typically, fee waivers are only granted in cases involving child custody and parent-time mediation. Waivers for property division or civil cases are less common. As outlined in the Utah State Courts’ ADR program policies, “Qualifying parties pay no fee or a reduced fee for mediation/DRS services based on demonstrated inability to pay.” The court aims to promote access and prevent denial of services due to lack of funds.
According to an annual Utah courts report from fiscal year 2015, fee waivers were approved in 24% of mediation cases that year involving low-income parties, allowing expanded access to ORS mediation. In cases where fee waivers are not approved, parties can elect to opt out of mediation due to financial hardship.
Overall, Utah’s ORS mediation program balances the need for fee revenue to compensate mediators against equal access to services for those of lesser economic means. The option for judges to waive fees helps ensure ORS mediation is not limited only to those who can afford it.
Use of ORS Fee Revenue
The fees collected by ORS go towards funding Utah’s court system and related services. According to the ORS website, “ORS sends the fees collected to the courts to assist with court operations.”
Specifically, the fees help pay for expenses related to processing child support cases and enforcing child support orders. This includes covering costs for clerks, judges, mediators, and other court staff involved in handling child support cases. The fees also help fund parent locate services, genetic testing, and other related programs administered by the courts.
So while the fees may present an additional burden for some non-custodial parents, the revenue generated is intended to improve the child support adjudication process. The fees ultimately enable the courts to operate more efficiently and effectively in establishing and enforcing child support on behalf of Utah children.
Fee Schedule Changes
The Utah Office of Recovery Services (ORS) has the authority to change the fee amounts for their services over time. The ORS fee schedule is reviewed annually and adjustments are made periodically based on a number of factors.
Some of the reasons the ORS fee amounts may be changed include:
- Inflation – General price inflation over time may lead to increases in ORS fees to keep pace.
- Budget needs – If the ORS budget requires additional revenue, fee increases could help generate those funds.
- Service costs – If the administrative costs to ORS to provide services rises, fee increases may be needed to cover those higher expenses.
- Legislative directives – The Utah legislature may pass laws directing ORS to change fees due to policy decisions or budget reasons.
- Federal incentives – Federal incentive programs may encourage state child support agencies to adjust their fee structure.
Typically, ORS fee increases are incremental and happen gradually over many years. Significant fee hikes are uncommon. However, even small annual increases can add up over time. The ORS fee approval process involves analysis of the current fee structure compared to needs, costs, incentives and other factors before finalizing an updated fee schedule.
Public Opinion
There has been much debate and concern expressed by the public regarding ORS fee costs in Utah. Many have questioned if the fees are too high and act as a barrier preventing access to records (SENATE). Some perceive the fees as a way for the government to profit from providing public information. There are also concerns that high ORS fees limit government transparency and the public’s ability to stay informed (SENATE).
However, proponents argue the fees are necessary to cover the costs of compiling and providing records. They contend reasonable fees encourage responsible use of limited government resources. There have been calls to strike a balance between public access and fiscal prudence (CENSUS IS BEING TAKEN NOW IN CANADA). Overall there seems agreement that fees should not impose undue hardship but allow records access for all.
Comparisons to Other States
Utah’s Office of Recovery Services (ORS) fees are generally comparable to nearby states like Colorado, Arizona, and New Mexico. However, there are some key differences.
For example, in Colorado, the application fee for child support services is $25 compared to $35 in Utah (ORS Fees). However, Colorado charges an additional annual $35 fee while Utah’s annual fee is $25. Both states waive fees for applicants who receive public assistance.
Arizona does not charge an application fee but has an annual fee of $25, which is comparable to Utah’s. However, Arizona only charges this fee if over $500 is collected annually while Utah charges it regardless of collection amounts (ORS Fees).
New Mexico is an outlier with much higher fees. The application fee is $50 compared to $35 in Utah. The annual fee is $100 versus $25 in Utah (ORS Fees). Overall, Utah’s fees seem relatively affordable compared to nearby states.
Conclusion
ORS fees in Utah – allowed under Utah Code – serve to generate revenue to support the ORS program, which ensures noncustodial parents provide regular child support payments. The state closely regulates the collection and waiver of ORS fees to balance program funding needs with avoiding undue burden.
While ORS fees in Utah are comparable to or lower than most other states, some citizens have voiced concerns over perceived lack of transparency in recent fee increases. However, ORS fee schedules undergo public review and input during the legislative process before final approval.
In summary, ORS fees aim to provide a predictable, stable funding source for child support enforcement. With proper oversight and input, the fees can achieve that goal while remaining reasonable and fair for Utah families.