No. 31151 (Amendment): R527-34. Non-IV-A Services

DAR File No.: 31151
Filed: 04/15/2008, 12:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add the department's authority for rulemaking and the purpose of the rule. Also to clarify when the Office of Recovery Services/Child Support Services (ORS/CSS) will only collect spousal support after the child has emancipated, if income withholding is already in place and the child resides with the obligee.

Summary of the rule or change:

The changes: add a new Section R527-34-1 to show the department authority for rulemaking and include the purpose for this rule; move and renumber the current Section R527-34-1 to Section R527-34-2; and add clarification to Subsection R527-34-2(1)(d) regarding the continued collection of spousal support after the child has emancipated. "Income withholding is already in effect" has been moved to Subsection R527-34-2(i) and a new Subsection R527-34-2(ii) is added with the words "the child(ren) still resides with the obligee."

State statutory or constitutional authorization for this rule:

Section 62A-11-107

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 the ORS/CSS do not apply to local government; therefore, there will not be any financial impact on the 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:

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-Michelle 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.

R527-34. Non-IV-A Services.

R527-34-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-11-107.

2. The purpose of this rule is to outline the services that the Office of Recovery Services/Child Support Services (ORS/CSS) will provide to all Non-IV-A Recipients of child support services.

 

R527-34-2. Non-IV-A Services.

1. [The ]ORS/CSS[Office of Recovery Services/Child Support Services (ORS/CSS)] will provide the following services to recipients of child support services:

a. Attempt to locate the obligor;

b. Attempt to collect the current child support amount;

c. Attempt to collect past-due child support which is owed on behalf of a child, regardless of whether the child is a minor;

d. Attempt to enforce court-ordered spousal support if the minor child of the parties resides with the obligee and ORS/CSS is enforcing the child support order; ORS/CSS will only continue to collect spousal support after the child has emancipated if:

i. income withholding is already in effect; and,

ii. the child(ren) still resides with the obligee;

e. Attempt to collect child care expenses if the past-due amount has been reduced to a sum-certain judgment;

f. Attempt to collect ongoing child care expenses if all of the following criteria are met:

i. the obligor or the obligee made a specific request for ORS/CSS to collect ongoing child care;

ii. the child care obligation is included as a specific monthly dollar amount in a court order along with a child support obligation; and,

iii. neither parent is disputing the monthly child care amount;

g. Attempt to collect medical support if the amount is specified as a monthly amount due in the order or has been reduced to a sum-certain judgment;

h. Attempt to enforce medical insurance if either parent has been ordered to maintain insurance;

i. Attempt to establish paternity;

j. Review the support order for possible adjustment of the support amount, in compliance with R527-231.

2. ORS/CSS adopts the federal regulations as published in 45 CFR 302.33 (2001) which are incorporated by reference. 45 CFR 302.33 provides options which ORS/CSS may elect to implement. ORS/CSS elected to implement the following options:

a. ORS/CSS has elected to charge no application fee to applicants for child support enforcement services.

b. ORS/CSS has elected to recover costs from the individual receiving child support enforcement services. The costs which will be recovered are listed in R527-35-1.

c. ORS/CSS has elected not to recover from the non-custodial parent the costs listed in R527-35-1 which are paid by the individual receiving child support services.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [March 24, 2000]2008

Notice of Continuation: January 16, 2007

Authorizing, and Implemented or Interpreted Law: 62A-11-107