Utah Department of Administrative Services Division of Administrative Rules

Human Services, Recovery Services

Rule R527-258

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

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36350
Filed: 06/12/2012 11:43:57 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 78B-12-202 affirms that the current support amount granted by court order is the non-custodial parent's prospective obligation unless there has been a substantial change of circumstances or an adjustment of the obligation has been made by the court or under self-execution provision in the order. It also provides for the use of the child support guidelines when establishing or modifying a prospective support award unless the court finds reason to rebut the guidelines. Section 62A-11-320 addresses establishment of support payment schedules by the Office of Recovery Services (ORS) and the condition under which a non-custodial parent may contest a schedule of payments established by the Office. These statutes, which govern the amount of a non-custodial parent's current obligation and payments that may be required on past-due support, are the basis for this rule that deals with a IV-A child support debt, which may accrue during a period of incarceration, and the nature of the payments required twelve months following incarceration. The rule also clarifies that the statutory provision allowing ORS to reassess the payment amounts is in effect during the entire twelve-month period including the first six months of that period in which no enforcement action is allowed. Section 62A-11-320 also allows ORS to forgive the IV-A portion of the non-custodial parent's past-due support, which may accrue during a period of incarceration, if the non-custodial parent makes payments as required, including reassessed amounts, during the twelve-month period following incarceration.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received during or since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The underlying statutes are still in effect and the program providing for the discharge of the IV-A debt when support payments are made as required the year following incarceration is still beneficial from a child support enforcement perspective, as well as a corrections perspective. Therefore, this rule should be continued.

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 801-536-8833, or by Internet E-mail at lwilber@utah.gov

Authorized by:

Mark Brasher, Director

Effective:

06/12/2012