No. 30391: R527-255. Substantial Change in Circumstances

DAR File No.: 30391
Filed: 09/04/2007, 01:56
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:

Sections 78-45-7 through 78-45-7.21 constitute the rebuttable guidelines for determination of prospective support. These guidelines apply to situations where there has been a substantial change in circumstances or an adjustment is made upon petition of a parent, legal guardian, or the Office of Recovery Services (ORS) when the support order has not been issued or modified within the previous three years. Under whichever situation, the law specifies the minimum percentage of change required between the ordered support amount and the prospective amount that would be required under the guidelines and that the change cannot be temporary as defined in Section 78-45-2. Sections 62A-11-320.5 and 62A-11-320.6 specifically address the review and adjustment of child support orders that have been established or modified within a three-year cycle and outside a three-year cycle. This rule clarifies that the current support award may not be adjusted if the change in circumstances is temporary. In addition, it provides information on how an adjustment will be managed when the change of circumstance will last for an extended time frame but is not considered permanent and specifies that changes over 12 months are considered long-term or permanent, and therefore, warrant adjustment under the guideline statutes.

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 written 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:

It is necessary to continue this rule to provide a clear definition of a temporary change in circumstances, what the options are when the change in circumstances is an extended period of time but not considered permanent, and when ORS will proceed to initiate an adjustment of the support award when there is a change in circumstance.

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:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director