No. 31061 (Amendment): R527-231. Review and Adjustment of Child Support Order

DAR File No.: 31061
Filed: 03/14/2008, 02:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to add the department and office authority for creating, amending, and enforcing administrative rules. The reference to the Utah Code was also changed due to the recodification of Title 78 under H.B. 78 (2008 General Session). (DAR NOTE: H.B. 78 (2008) is found at Chapter 3, Laws of Utah 2008, and was effective 02/07/2008.)

Summary of the rule or change:

The change is to add a new Section R527-231-1 that is the authority and purpose section to the existing rule. Subsection R527-231-1(1) indicate Sections 62A-1-111 and 62A-11-107 authorize the Department of Human Services and the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. Subsection R527-231-1(2) was added to this rule to provide specific review and adjustment information (the purpose) as to why the rule was created. In addition, this rule was changed based on the renumbering of Title 78, Chapter 45. The rule reflects that Section 78-45-7.2 is now listed as Section 78B-12-210.

State statutory or constitutional authorization for this rule:

Sections 78B-12-210, 62A-11-320.5, and 62A-11-320.6

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

There is no anticipated change in cost or savings due to this amendment since administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses and persons other than businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the basic requirements of the current rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs since the procedures are not changing with the amendment of the current rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule provides guidelines to the office for when a review may be denied and the time frames involved once a review has terminated. There will be no fiscal impact on businesses due to this rule amendment. Lisa-Michele Church, Executive Director

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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2008

This rule may become effective on:

05/08/2008

Authorized by:

Mark Brasher, Director

RULE TEXT

R527. Human Services, Recovery Services.

R527-231. Review and Adjustment of Child Support Order.

R527-231-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111. The Office of Recovery Services is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

2. The purpose of this rule is to provide details as to when the Office of Recovery Services/Child Support Services (ORS/CSS) may conduct a review of a Child Support Order. It specifies when a review will not be conducted and if a review has terminated, when an order may be reviewed again.

 

R527-231-2. Review and Adjustment of Child Support Order.

1. If the child is within one year of emancipation, [the Office of Recovery Services/Child Support Services (]ORS/CSS[)] shall not be required to review the award for potential adjustment.

2. If the location of either parent is unknown, ORS/CSS shall not be required to review the support award for possible adjustment until both parents are located.

3. ORS/CSS shall pursue the setting of statutory child support guideline amounts in review and adjustment proceedings, based on the current and prospective incomes of the parties. If either parent is incarcerated, ORS/CSS shall not be required to review and pursue adjustment of a support award.

4. ORS/CSS shall pursue adjustment of a court order only for child support or medical support provisions. ORS/CSS shall not pursue modification of a court order for custody, visitation, property division or other non-child support related provisions.

5. If the parent requesting the review does not provide the necessary information for ORS/CSS to conduct the review, ORS/CSS shall send notice to the address on record for the requesting and non-requesting parents that the review process will be terminated unless the non-requesting parent requests that the review process continue.

6. If the review process is terminated, ORS/CSS shall not be required to review the order for a period of one year.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [May 19, 2004]2008

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: [78-45-7.2]78B-12-210; 62A-11-320.5; 62A-11-320.6