No. 30939: R527-56. In-Kind support

DAR File No.: 30939
Filed: 01/31/2008, 11:13
Received by: NL

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:

The Office of Recovery Services (ORS) is responsible for collecting child support when there is an application for child support services or the state has provided public assistance in accordance with Section 62A-11-104. Section 62A-11-307.2 specifies the duties of a custodial parent after support rights have been assigned to the state. The custodial parent may not do anything to prejudice the rights of ORS to collect support, which include agreements to change the manner or amount of support ordered by the court or administrative authority. Under this statute, the custodial parent must immediately deliver any payment to ORS that is received from the noncustodial parent. In 1991 a court decision, Utah Dept of Social Servs. v. Adams, 806 P.2d. 1193 {Utah CR. App. 1991}, required that ORS give credit under certain condition for in-kind support payments made where a court order exists.

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 written comments have been received.

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

This rule defines in-kind payments and establishes when and under what conditions ORS is required to give the noncustodial parent credit for in-kind support payments. It also describes the conditions for ORS to require payment of court-ordered cash support in cash only, and when to take action to recover the case equivalent of "in-kind support" that has been paid to the custodial parent. Therefore, this rule should be continued. Upon review of this rule, the department notes that this rule needs to be amended to add a section containing the rulemaking authority and purpose of this rule which will be done soon.

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 [e-mail]

Authorized by:

Mark Brasher, Director