No. 41207 (5-year Review): Rule R527-255. Substantial Change in Circumstances

DAR File No.: 41207
Filed: 01/23/2017 09:44:41 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:

The Office of Recovery Services (ORS) is authorized to adopt rules as necessary by Section 62A-11-107. Utah guidelines apply to situations where there has been a substantial change of circumstances or an adjustment is made upon petition of a parent, legal guardian, or ORS when the support order has not been issued or modified within the previous three years. Under either situation, the law specifies the minimum percentage of change required between the ordered amount and amount that would be required under the guidelines and that the changes cannot be temporary in nature. Sections 62A-11-320.5 and 62A-11-320.6 deal specifically with review and adjustment of child support orders in and outside of the three-year cycle and also state that the change cannot be of a temporary nature. This rule provides the information about when a parent can request a review of the child support amount when a support order is less than three years old, as well as to identify what information must be included for a request for review to be completed by the office. The rule also provides the definition of what "temporary" means and makes it clear that the current support order may not be modified if the change in circumstances is temporary. Finally, the rule specifies that changes over 12 months are to be considered long term or permanent and therefore warrant adjustment under the guidelines 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 comments received during or 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:

The rule should be continued so that it remains clear what is meant by a temporary change in circumstances and a permanent change in circumstances, as well as when the proceedings for an adjustment of a support award must be initiated. Therefore, this rule should be continued.

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:

• 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:

01/23/2017

Authorized by:

Liesa Stockdale, Director

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