DAR File No. 27391

Human Services, Recovery Services

R527-300

Income Withholding

NOTICE OF PROPOSED RULE

DAR File No.: 27391
Filed: 09/01/2004, 04:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

To clarify that the District Court is the appropriate tribunal for a noncustodial parent to register a direct income withholding notice/order issued by another state when he wants to contest the other state's direct withholding notice/order.

Summary of the rule or change:

If another state sends a direct income withholding notice/order to a Utah employer, the noncustodial parent may contest the income withholding order by registering it in a tribunal of this state in accordance with Section 78-45f-506. Section 78-45f-102 designates both the district court and the Department of Human Services, of which the Office of Recovery Services (ORS) is a part of, as tribunals for the State of Utah for a number of Uniform Interstate Family Support Act (UIFSA) purposes. However, order registration is a judicial procedure, not an administrative procedure, so if another state sends direct income withholding to a Utah employer, the appropriate tribunal for contesting the out-of-state notice/order would be the District Court. In addition, normally there would not be an open case with the ORS; the income withholding order should be registered with the appropriate district court. Section R527-300-8 is added which would require that when the noncustodial parent wants to contest the direct income withholding order issued by another state by registering it in a tribunal of this state, to register it in the appropriate district court.

State statutory or constitutional authorization for this rule:

Sections 62A-11-401, 62A-11-405, 62A-11-406, 62-11-413, 62A-11-414, and 78-45f-506

Anticipated cost or savings to:

the state budget:

None--As this is making the rule consistent with where the statute places jurisdiction and responsibility for these actions.

local governments:

None--As this is making the rule consistent with where the statute places jurisdiction and responsibility for these actions.

other persons:

None--As this is making the rule consistent with where the statute places jurisdiction and responsibility for these actions.

Compliance costs for affected persons:

Because the noncustodial parent must file/register a contest on a income withholding order issued by another state with the appropriate District Courts, there will be no further compliance costs for them.

Comments by the department head on the fiscal impact the rule may have on businesses:

There should be no fiscal impact on business as there is no change, the change to the rule only provides clarification with where the statues place jurisdiction and responsibility for this type of an action.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/01/2004

This rule may become effective on:

11/02/2004

Authorized by:

Emma Chacon, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-300. Income Withholding.

R527-300-8. Contesting an Income Withholding Order Issued by Another State.

The Obligor may contest the validity or enforcement of an income-withholding order issued by another state in this state by registering and filing a contest to that order in the appropriate Utah court.

KEY: child support, income, wages

[June 16, 1998]2004

Notice of Continuation September 11, 2002

62A-11-401

62A-11-405

62A-11-406

62A-11-413

62A-11-414

78-45f-506

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.