This filing was published in the 05/15/2008, issue, Vol. 2008, No. 10, of the Utah State Bulletin.
Human Services, Recovery Services
Income Withholding Fees
NOTICE OF PROPOSED RULE
DAR File No.: 31163
Filed: 04/21/2008, 08:38
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to add the office authority for creating this rule and the rule's purpose. Also to renumber Section 78-7-44 to Section 78A-2-216.
Summary of the rule or change:
The first section for this rule has been moved to Section R527-302-2 and the authority and purpose have been added to the first section. The reference to Section 78-7-44 within the rule has been amended to Section 78A-2-216.
State statutory or constitutional authorization for this rule:
Sections 62A-11-406 and 78A-2-216, and Rule 64D, Utah Rules of Civil Procedure
Anticipated cost or savings to:
the state budget:
The proposed changes to the rule are only to add the authority and purpose for this rule and do not affect the current procedures. Therefore, no additional financial impact on any state programs is anticipated.
There are no anticipated costs to the local government because administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.
small businesses and persons other than businesses:
The proposed changes to the rule are only to add the authority and purpose for this rule and do not affect the current procedures; therefore, no additional financial impact is anticipated on small businesses. The proposed changes to the rule do not affect the current procedures; therefore, no additional financial impact is anticipated on persons other than businesses.
Compliance costs for affected persons:
No person or entity affected by this rule should incur any additional costs as a result of the proposed changes because the procedures remain the same.
Comments by the department head on the fiscal impact the rule may have on businesses:
Passage of this proposed rule amendment will have no fiscal impact on local businesses. Lisa-Michele 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
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 email@example.com
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:
This rule may become effective on:
Mark Brasher, Director
R527. Human Services, Recovery Services.
R527-302. Income Withholding Fees.
Income Withholding Fees.
1. When the Office of Recovery Services/Child
Support Services (ORS/CSS) initiates income withholding against a payor of
income for payment of an obligor's child support, the payor of income may
deduct a one-time $25.00 fee to offset the administrative costs it incurs to
process the withholding pursuant to Rule 64D, Subsection(d)(ii), Utah Rules of
Civil Procedure, and Subsection [
2. A payor of income may choose to deduct the entire $25.00 in the first month of withholding, or, pursuant to Subsection 62A-11-406(4), Utah Code, a payor may choose to deduct the $25.00 in monthly increments (for example, $5.00 per month for 5 months) until the full amount has been deducted, provided the total amount withheld does not exceed the maximum amount permitted under Subsection 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Subsection 1673(b).
KEY: child support, income withholding fees
Date of Enactment or Last Substantive
December 3, 1999]
Notice of Continuation: April 21, 2004
Authorizing, Implemented or Interpreted Law: [
Section ]62A-11-406; [ Section
78-7-44] Rule 64D, Utah Rules of Civil Procedure
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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 801-536-8833, or by Internet E-mail at firstname.lastname@example.org
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.
Last modified: 05/14/2008 3:03 PM