No. 27007 (Amendment): R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program

DAR File No.: 27007
Filed: 03/17/2004, 10:15
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this change is to add procedures for when the obligor is in the Half Way Back program or in a treatment program for mental illness or substance abuse. We are also clarifying the definition of "twelve consecutive months" and what enforcement action may occur during the twelve months.

 

Summary of the rule or change:

The reason for this change is to add enforcement procedures for when the non-custodial parent is in the Half Way Back program or in a treatment program for mental illness or substance abuse. Procedures for discharging arrears when the non-custodial parent is in a treatment program were added. Also clarifies the definition of "twelve consecutive months" and what enforcement action may occur during the twelve months.

 

State statutory or constitutional authorization for this rule:

Sections 78-45-7 and 62A-11-320

 

Anticipated cost or savings to:

the state budget:

There will be no change to the state budget because the procedures for discharging arrears when the non-custodial parent is in a treatment program are already in effect.

 

local governments:

Administrative rules of the Office of Recovery Services do not apply to local government.

 

other persons:

There will be no cost or savings to others because these procedures are already in effect.

 

Compliance costs for affected persons:

There are no compliance costs because the procedures are already in effect.

 

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

This rule does not create or cause an impact to businesses.

 

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:

Kristen Lowe at the above address, by phone at 801-536-0347, 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:

05/17/2004

 

This rule may become effective on:

05/18/2004

 

Authorized by:

Emma Chacon, Director

 

 

RULE TEXT

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. Non-Collection from Ex-Prisoners in the Half-way Back or Comparable Program.

1. If the obligor is 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 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-[1]2. Enforcing Child Support When the Obligor is an Ex-Prisoner.

1. The [AFDC]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 [monthly ]payment[s] [on both current support and arrears]toward the past-due support debt for twelve consecutive months. The clock starts for the twelve consecutive month period when: (a) the obligor is employed; or (b) six months after the obligor is released, whichever occurs first.

2. During the first six months of a period of twelve consecutive months, [no enforcement action will be taken]the office will use the federal income withholding notice and procedures to enforce and collect the current support and an arrears payment. The office will use the federal National Medical Support Notice and procedures to enforce insurance coverage for the children, if appropriate[ without the consent of the probation officer. If the obligor does not make the full assessed payments each month, enforcement action may begin in the seventh month].

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.

b. If the obligor makes the full payment each month for twelve consecutive months, the remaining IV-A support debt owed for the period of incarceration shall be forgiven.

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

4. If at the end of twelve months, the full assessed amount has been paid each month, the remaining AFDC support debt for the time period of incarceration shall be discharged.]

 

R527-258-3. 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. Up to six months of the federal title IV-A past-due support debt which accrued while the obligor was in a 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 out-patient treatment begins, whichever occurs first.

 

KEY: administrative law, child support

[1987]2004

Notice of Continuation September 11, 2002

78-45-7.15

62A-11-320.1