No. 31134 (Amendment): R527-56. In-Kind Support

DAR File No.: 31134
Filed: 04/10/2008, 03:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add the department authority and purpose of the rule.

Summary of the rule or change:

The change adds the first section to show the rulemaking authority of the Office of Recovery Services/Child Support Services (ORS/CSS) and states the purpose of the rule.

State statutory or constitutional authorization for this rule:

Section 62A-11-307.2 and Subsection 62A-11-104(1)

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. Therefore, no additional financial impact on any state programs is anticipated.

local governments:

Administrative rules of ORS/CSS do not apply to local government.

small businesses and persons other than businesses:

The basic requirements of the current rule will not change when the proposed amendment becomes effective. Consequently, there should not be any additional financial impact on those individuals.

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 basic procedures remain the same.

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

This rule addresses the conditions for granting or denying an obligor credit for support paid in-kind when a court or administrative authority has previously ordered cash support payments, and the right of ORS/CSS to recover the amount of in-kind support from the obligee when the obligee continues to accept it after signing an assignment or other similar document. Businesses are not addressed in the rule or the proposed changes and it is not anticipated the changes will create any fiscal impact on them. 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
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]

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:

06/02/2008

This rule may become effective on:

06/09/2008

Authorized by:

Mark Brasher, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-56. In-Kind Support.

R527-56-1. [In-Kind Support]Authority and Purpose.

1. Section 62A-11-107 authorizes the Office of Recovery Services is to adopt, amend and enforce rules.

2. The purpose of this rule is to specify the responsibility and procedures for the Office of Recovery Services, Child Support Services teams (ORS/CSS) to grant or deny credit for support paid in-kind when a court or administrative authority has previously ordered cash support payments. This rule also specifies the right of ORS/CSS to recover the amount of in-kind support from the obligee when they continue to accept payments after signing an assignment or similar document.

 

R527-56-2. Requirements and Procedures.

1. "In-kind" support is support provided by the obligor to the obligee in lieu of payment of a cash support amount.

2. In cases where the obligee is receiving financial public assistance, [the Office of Recovery Services/Child Support Services (ORS/CSS)]ORS/CSS shall give credit to obligors for in-kind support payments when cash support is court-ordered and there is an in-kind support agreement between the obligee and obligor meeting the following criteria:

a. Both the obligor and the obligee shall have agreed to the in-kind support.

b. The agreement shall be in writing.

c. The agreement pre-dates the obligee receiving financial public assistance.

d. The agreement shall have been filed with the court.

e. The value of the in-kind support is undisputed.

f. The in-kind support is easily valued.

g. The value of the in-kind support provided in a month equals or exceeds the monthly amount of cash support ordered by the court.

h. ORS/CSS shall have received written notice of the agreement and registered no objection to the agreement when the obligee applied for public assistance.

3. If the criteria listed above are met, ORS/CSS shall give the obligor credit for the monthly court-ordered amount for each month that the agreement was in effect and the in-kind support was provided.

4. ORS/CSS may take whatever action is necessary to require prospective payment of the court-ordered cash support during the time period that the obligee receives financial public assistance.

5. If the obligee signed an assignment or other document from the Department of Workforce Services or ORS/CSS which specified that upon receipt of financial public assistance by the obligee ORS/CSS requires prospective payment of cash support as ordered by the court, and the obligor and obligee continue to act in accordance with the in-kind support agreement, the obligee is considered to be retaining support in violation of the assignment of support rights, and the office may recover the amount of in-kind support from the obligee.

6. If the obligee did not sign an assignment or other document as described in (5.), but otherwise received written notice from ORS/CSS that upon receipt of financial public assistance by the obligee ORS/CSS requires prospective payment of cash support as ordered by the court, and the obligor and obligee continue to act in accordance with the in-kind support agreement, the obligee is considered to be retaining support in violation of the assignment of support rights, and ORS/CSS may recover the amount of in-kind support from the obligee.

7. Once an obligor receives written notice that an assignment of support rights is in effect and that ORS/CSS requires payment of cash support as ordered by the court, the obligor may be held responsible to pay directly to ORS/CSS any prospective support payments which are due under a support order, in the manner provided in the support order.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [April 5, 1999]2008

Notice of Continuation: January 31, 2008

Authorizing, and Implemented or Interpreted Law: 62A-11-307.2; 62A-11-104(1)