DAR File No. 31054

Human Services, Recovery Services

R527-258

Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program

NOTICE OF PROPOSED RULE

DAR File No.: 31054
Filed: 03/11/2008, 02:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this amendment is to clarify and specify the procedures for collection of IV-D child support and arrears payments after the obligor has been released from prison/jail or an in-patient treatment program. It also renumbers the annotation of Section 78-45-7.15 to Section 78B-12-212 as a result of H.B. 78 from the 2008 General Session. (DAR NOTE: H.B. 78 (2008) is found at Chapter 3, Laws of Utah 2008, and was effective 02/07/2008.)

Summary of the rule or change:

The amendments add a new Section R527-258-1 to show the department's authority and purpose of the rule and then renumbers the existing sections accordingly. The catchline of the new Section R527-258-2 has been changed from Non-Collection from Ex-Prisoners in the Half-way Back or Comparable Program to Non-collection from Ex-Prisoner. Subsection R527-258-2(1) has been changed to delete references to the half-way back or comparable program language and to add notification and date requirements. The new Section R527-258-3 has been changed to state the time frames and payment requirements for an incarcerated obligor to participate in the forgiveness program. Also, that the forgiveness program for incarceration can only occur one time. The new Section R527-258-4 has been changed to state the time frames and payment requirements for an obligor that is an in-patient and out-patient in a treatment program to participate in the forgiveness program. Also, that the forgiveness program for the obligor in a treatment program can only occur one time. The Utah Code references on the bottom of the rule text have been changed to the newly renumbered code citations.

State statutory or constitutional authorization for this rule:

Subsection 62A-11-320(1) and Section 78B-12-212

Anticipated cost or savings to:

the state budget:

Passage of this rule will result in efficiencies gained for the Office of Recovery Services (ORS) child support staff (CSS) and enable them to work their cases more effectively. Incarcerated obligors can frequently accrue significant amounts of child support arrears. This proposed rule allows ORS to forgive arrears owed to the state if the former incarcerated parent makes regular payments upon release from prison. Efficiencies will be gained primarily by allowing ORS staff to focus their efforts on other cases.

local governments:

There are no anticipated costs to the local government because administrative rules of the ORS/CSS do not apply to local government.

small businesses and persons other than businesses:

The enforcement of child support obligations in the case of ex-prisoners or treatment program recipients is an exclusive responsibility of ORS/CSS.

Compliance costs for affected persons:

ORS cannot provide firm figures because there is no way of knowing how many obligors' will have their support debts forgiven and what portion of each obligor's debt will be forgiven.

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

Passage of this proposed rule will have little to no fiscal impact on local businesses. Lisa-Michelle Church, Executive Director

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

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY UT 84102-4211

Direct questions regarding this rule to:

LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, 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:

05/01/2008

This rule may become effective on:

05/08/2008

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program.

R527-258-1. Purpose and Authority.

1. The Office of Recovery Services is authorized to create rules necessary for the provision of social services by Section 62A-11-107.

2. The purpose of this rule is to specify the procedures for collection of IV-D child support and arrears payments after the obligor has been released from prison/jail or an in-patient treatment program.

 

R527-258-2. Non-Collection from Ex-Prisoners[ in the Half-way Back or Comparable Program].

1. If the obligor is incarcerated and notifies the Office of Recovery Services/Child Support Services (ORS/CSS) or the office is made aware of the release within 30 days of the release date[ a participant in the Half Way Back or comparable program], no collection or enforcement action will be taken to collect the past-due support debt for six months after the incarceration release date[the duration of the treatment].

2. The [Office of Recovery Services/Child Support Services (]ORS/CSS[)] will enforce a support order that requires the obligor to provide medical insurance coverage for the children, if appropriate.

 

R527-258-[2]3. Enforcing Child Support When the Obligor is an Ex-Prisoner.

1. The federal title IV-A past-due support debt which accrued while the obligor was incarcerated may be forgiven if he makes both the full monthly current support payment and the full monthly assessed payment toward the past-due support debt for twelve consecutive months. The [clock starts for the ]twelve consecutive month period begins when[when: (a) the obligor is employed; or(b) six months after] the obligor is released and they have contacted the office to make payment arrangements within the allotted 30 days[, whichever occurs first].

2. [During the first six months of a period of twelve consecutive months, t]The office will use the federal income withholding notice and procedures to enforce and collect the current support and an arrears payment, when appropriate. The office will use the federal National Medical Support Notice and procedures to enforce insurance coverage for the children, if appropriate.

a. If the obligor does not make the full payment in each of the first six months, additional collection or enforcement action may [begin in the seventh month]be taken.

b. If the obligor makes the full required payment each month for twelve consecutive months, the remaining IV-A support debt that accrued during[owed for] the most recent period of incarceration shall be forgiven. IV-A debt forgiveness due to incarceration will only occur one time per obligor.

3. If the obligor owes IV-A arrears only, s/he must make twelve consecutive payments to the office based on an assessed amount determined by ORS/CSS.

4. The obligor's arrearage payment shall be reassessed by the office if his/her financial situation changes during the twelve-month period.

 

R527-258-[3]4. Enforcement of Child Support for Obligors in Treatment Programs.

1. If the obligor is in a licensed mental health or substance abuse treatment program, no collection or enforcement action will be taken to collect the past-due support debt for the duration of the in-patient treatment or up to six months of out-patient treatment.

2. If the obligor is in an in-patient treatment program and notifies ORS/CSS or the office is made aware of the release within 30 days of the release date, no collection or enforcement action will be taken to collect the past-due support debt for six months after the in-patient program release date.

[2]3. [Up to six months of t]The federal title IV-A past-due support debt which accrued while the obligor was in an in-patient treatment program may be forgiven if the full monthly current support payment and the full monthly assessed payment toward the past-due support debt have been made for twelve consecutive months. The [clock starts for the ]twelve consecutive month period [when: (a) the obligor is employed; (b) six months after the obligor is released from the in-patient treatment program; or (c) six months after]begins when the obligor has been released from an in-patient treatment program and s/he has contacted the office to make payment arrangements within the allotted 30 days[ out-patient treatment begins, whichever occurs first].

3. If the obligor makes the full required payment each month for twelve consecutive months, up to six months of the remaining IV-A support debt that accrued during the most recent treatment period shall be forgiven. IV-A debt forgiveness due to participation in an in-patient or out-patient treatment program will only occur one time per obligor.

 

KEY: administrative law, child support

Date of Enactment or Last Substantive Amendment: [May 19, 2004]2008

Notice of Continuation: August 22, 2007

Authorizing, Implemented or Interpreted Law: [78-45-7.15]78B-12-212, 62A-11-320(1)[.1]