No. 36676 (5-year Review): Rule R527-601. Establishing or Modifying an Administrative Award for Child Support

DAR File No.: 36676
Filed: 08/21/2012 05:06:48 PM

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:

This rule is enacted under Section 78B-12-203, which requires each parent to provide verification of current income for the purpose of calculating the amount of a child support award under Utah's child support guidelines, and Section 78B-12-201, which permits the moving party in a child support action to submit the best evidence available concerning the other party's income if the financial verification required under Section 78B-12-203 is not available. It also requires that the evidence be provided in affidavit form and that a copy of the affidavit be provided to the other party before the evidence is submitted. This rule defines "best evidence available" and describes the method of providing the affidavit to the other party.

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 comments have been received during or since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because the statutes under which it is enacted are still in effect and it describes what is meant by "best evidence available" and specifies the method for providing the non-moving party with an affidavit describing the evidence before the evidence is used in determining the amount of a child support award. 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

Effective:

08/21/2012

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