No. 42389 (5-year Review): Rule R527-56. In-Kind Support

DAR File No.: 42389
Filed: 12/15/2017 09:34:12 AM

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-11-107 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. In accordance with Section 62A-11-104, ORS is responsible for collecting child support when an application has been received for child support services, the state has provided public assistance, or a child lives out of the home in the protective custody, temporary custody, or custody or care of the state. Section 62A-11-307.2 specifies the duties of a custodial parent after support rights have been assigned to the state. The custodial parent may not prejudice the rights of ORS to establish paternity, enforce health insurance provisions, or establish and collect support. In addition, the custodial parent may not agree to change the court or administratively ordered manner or amount of payment of past, present, or future support without ORS's written consent. Under this statute, the custodial parent must immediately deliver any payment to ORS that is received from the non-custodial parent. In 1991, a court decision (Utah Dept. of Social Servs. V. Adams, 806 P.2d. 1193 {Utah CR. App. 1991}) required that ORS give credit under certain conditions for in-kind support payments made where a court order exists.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received since the last five-year review of the rule.

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 this rule is enacted are still in effect and the rule is reflected in current policy, practices, and procedures of the ORS/Child Support Services (CSS). This rule defines in-kind payments, and establishes when and under what conditions ORS is required to give the non-custodial parent credit for in-kind support payments. It also describes the conditions for ORS to require payment of court ordered cash support, and when to take action to recover the court ordered cash support equivalent of "in-kind support" that has been paid to the custodial parent.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]
• Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

12/15/2017

Authorized by:

Liesa Stockdale, Director

---