No. 30354: R527-257. Enforcing Child Support When the Obligor is Incarcerated

DAR File No.: 30354
Filed: 08/22/2007, 12:39
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:

Section 62A-11-320 allows the Office of Recovery Services to set or reset a schedule of payments at any time consistent with the income, earning capacity, and resources of the noncustodial parent and refers to rules adopted by the Office to establish payment schedules. Section 78-45-7 deals with determination of the amount of prospective support, use of guidelines in making that determination, and the effect of a substantial change in circumstances. This rule establishes the criteria for setting a support payment amount when the noncustodial parent is incarcerated and no order exists, and specifies that when a support award exists it is not subject to adjustment (due to the change of circumstances created by the incarceration) and shall accrue as ordered. This rule helps define "substantial change" by excluding the situation where the noncustodial parent's income is reduced due to incarceration.

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 needs to be continued because state statute references rules which establish payment schedules and this is the rule which addresses setting and collecting support payments when the noncustodial parent is incarcerated. It also clarifies that incarceration, even for an extended period of time, is not to be considered a substantial change in circumstances requiring downward adjustment of a support award. In addition, this rule clarifies that while the Office of Recovery Services may set or reset a noncustodial parent's schedule of payments when the noncustodial parent is incarcerated, it is necessary to first review the noncustodial parent's circumstances with a Department of Corrections caseworker before proceeding with collection actions.

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