No. 30355: R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program

DAR File No.: 30355
Filed: 08/22/2007, 12:42
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 78-45-7 affirms that the current support amount granted by court order is the noncustodial parent's prospective obligation unless there has been a substantial change of circumstances or an adjustment of the obligation has been made by the court or under self-execution provision in the order. It also provides for the use of the child support guidelines when establishing or modifying a prospective support award unless the court finds reason to rebut the guidelines. Section 62A-11-320 address establishment of support payment schedules by the Office of Recovery Services and the condition under which a noncustodial parent may contest a schedule of payments established by the Office. These statutes which govern the amount of a noncustodial parent current obligation and payments that may be required on past-due support are the basis for this rule which deals with IV-A child support debts which may accrue during a period of incarceration and the nature of the payments required twelve months following incarceration. The rule also clarifies that the statutory provision allowing the Office to reassess the payment amounts is in effect during the entire 12-month period including the first 6 months of that period in which no enforcement action is allowed. Section 62A-11-320 also allows the Office to forgive the IV-A portion of the noncustodial parent's past-due support which may accrue during a period of incarceration if the noncustodial parent makes payments as required, including reassessed amounts, during the 12-month period following 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:

The underlying statutes are still in effect and the program providing for the discharge of the IV-A debt when support payments are made as required the year following incarceration is still beneficial from a child support enforcement perspective, as well as a corrections perspective. Therefore, this rule should be continued.

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