No. 41208 (5-year Review): Rule R527-300. Income Withholding

DAR File No.: 41208
Filed: 01/23/2017 10:48:53 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. The IV-D program operated by ORS is mandated pursuant to Title 62A, Chapter 11, Part 4, to issue income withholding as a means of collecting child support. This rule clarifies Section 62A-11-405 by explaining how an obligee can request income withholding in cases where the obligor is not delinquent on a pre-October 13, 1990, order. If the order is issued after October 13, 1990, Section 62A-11-404 allows for income withholding regardless of whether or not a delinquency occurs unless there is a finding of good cause by the court or administrative body that issued the order or a written agreement that income withholding is not required has been entered in the order. The rule explains the verified statement of affidavit referred to in that section. The opportunity for a review and the requirements that ORS notify the obligor of the results of the review which are addressed in that section are given needed detail. Section 62A-11-406 refers to a limitation on the amount of income that may be withheld under the Consumer Credit Protection Act. Pursuant to Section 62A-11-406, ORS is required to notify the payor of income and the obligor of the amount of child support to be withheld. This rule provides instruction on how this notification is to be done when the payor of income has not changed and when there is a new payor of income. In accordance with Section 62A-11-413, the office is required to keep records to document and monitor all child support payments. Termination of income withholding is addressed in Section 62A-11-408. The rule addresses specific circumstances under which income withholding should be terminated. The rule allows for the obligor to contest income withholding when it is issued by another state and registered in this state pursuant to Section 78B-14-506.

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:

All of the statutes under which this rule is enacted are still in effect. The rule continues to provide necessary clarification and detail for carrying out income withholding in IV-D cases. 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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