Summary


The first section of the rule provides the authority of the Office of Recovery Services (ORS) to create rules, as well as information that the purpose of this rule is to specify how ORS will proceed with collection of child support arrears when parental rights have been terminated or an adoption order has been completed. The second section explains that pursuant to Sections 78A-6-513 and 78B-6-138, a parent's legal obligation to pay child support is released when there is a termination of parental rights or an adoption order. This section further clarifies that based on those statutes, ORS will not continue with collection of child support arrears unless the parental termination of rights or adoption order specifically preserves an arrears balance to be collected. Finally, this section recognizes that there is an exception to this approach for children placed in the care or custody of the state due to another existing administrative rule, Rule R495-882.