No. 27534 (Repeal): R527-210. Guidelines for Setting Child Support Awards

DAR File No.: 27534
Filed: 11/08/2004, 11:45
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 78-45-7.11 was amended in 2003 (S.B. 132) to incorporate specific reduction in support procedures for all extended parent-time situations except one: the statute allows the "administrative agency" (Office of Recovery Services/Child Support Services (ORS/CSS)) to approve the extended parent-time reduction when it is authorized only by agreement of the parties and the child is a recipient of financial public assistance. Previously, ORS/CSS did not allow a reduction to the base child support award for extended parent-time when the child was a recipient of financial public assistance, a stance supported by the existing text in this rule. Since the statute was amended, ORS/CSS has applied the criteria defined in Section 78-45-7.11 to all cases when reducing child support for extended parent-time, eliminating the need for the portion of this rule regarding financial public assistance cases. Section R527-210-2 of this rule is obsolete as it duplicates existing statute, Section 78-45-7.20. (DAR NOTE: S.B. 132 is found at UT L 2003 Ch 176, and was effective 05/05/2003.)

 

Summary of the rule or change:

This rule is repealed in its entirety. Section R527-210-1 indicates that the ORS/CSS will not reduce the base child support award for extended parent-time if the child is a recipient of financial public assistance which is no longer valid. Section R527-210-2 duplicates existing statute which is not needed.

 

State statutory or constitutional authorization for this rule:

Sections 78-45-7.11 and 78-45-7.20

 

Anticipated cost or savings to:

the state budget:

One purpose of this rule change is to remove the distinction between financial public assistance cases and other case types when reducing the base child support award for extended parent-time. ORS/CSS will carry out the requirements and procedures described in Section 78-45-7.11 in the same manner on all cases, regardless of financial public assistance status. While this may cause a slight reduction to the amount of federal assistance that is reimbursed by noncustodial parents, it is anticipated that the impact will be minimal due to the strict criteria outlined in the statute to qualify for an extended parent-time reduction. An exact dollar amount for this impact is unknown as it would depend on many variables: whether the extended parent-time occurs during financial public assistance time periods, the number of cases that would meet the extended parent-time criteria, the amount of the base child support award on each qualifying case, the duration of extended parent-time, etc. There is a minimal savings to the state as a result of applying one set of procedures uniformly. Other costs, if any, involved with the extended parent-time reduction process would be due to the underlying statute's requirements; however, the statute was passed with no fiscal note attached. There are no additional costs anticipated as a result of removing administrative rule language that duplicates existing statute, and savings due to removing the upkeep of the obsolete rule are minimal. Any other costs involved with the accountability of support process are due to the underlying statute's requirements.

 

local governments:

None--Administrative rules of ORS do not apply to local governments. Therefore, there are no anticipated costs or savings to local government.

 

other persons:

The purpose of this rule change is to remove the distinction between financial public assistance cases and other case types when reducing the base child support award for extended parent-time. ORS/CSS will carry out the requirements and procedures described in Section 78-45-7.11 in the same manner on all cases, regardless of financial public assistance status. This may represent an additional savings to some noncustodial parents who, under the existing rule, would not have been allowed a reduction for extended parent-time when the children were recipients of financial public assistance. Costs to other persons, if any, involved with the extended parent-time reduction process would be due to the underlying statute's requirements; however, the statute was passed with no fiscal note attached. There are no costs or savings to other persons anticipated as a result of removing administrative rule language that duplicates an existing statute. Any other costs involved with the accountability of support process are due to the underlying statute's requirements.

 

Compliance costs for affected persons:

None--Costs to affected persons, if any, would be due to the underlying statutes, Sections 78-45-7.11 and 78-45-7.20, which ORS/CSS will be implementing as written. There are no additional costs due to changing this rule to apply an existing statute to all cases regardless of financial public assistance status or due to removing language that duplicates an existing statute.

 

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

ORS/CSS will be carrying out the requirements and procedures described in Sections 78-45-7.11 and 78-45-7.20. No businesses will be involved.

 

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:

Liesa Corbridge at the above address, by phone at 801-536-8986, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

 

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:

01/03/2005

 

This rule may become effective on:

01/04/2005

 

Authorized by:

Emma Chacon, Director

 

 

RULE TEXT

R527. Human Services, Recovery Services.

[R527-210. Guidelines for Setting Child Support Awards.

R527-210-1. Reduction for Extended Parent-time.

1. If the support order does not specifically provide that the base child support award will be reduced for extended parent-time and the child is a recipient of financial public assistance, the Office of Recovery Services/Child Support Services (ORS/CSS) shall not reduce the support obligation.

 

R527-210-2. Accountability of Support Provided to Benefit Child.

At the time of issuing an administrative order for current support, ORS/CSS may include in the order, upon the petition of the obligor, a provision for the obligee to furnish an accounting of amounts provided for the child's benefit to the obligor. In order to be eligible, the obligor must be current on all child support; the obligor must not have a child support arrearage.

 

KEY: child support

October 17, 2003

Notice of Continuation January 13, 2004

62A-11-304.2

78-45-7.11

78-45-7.20

78-45-7.21]