R527-254. Limitations on Collection of Arrears, R527. Human Services, Recovery Services, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R527-254. Limitations on Collection of Arrears

R527-254-1. Authority and Purpose

Latest version.

(1) Section 62A-11-107 authorizes the Office of Recovery Services/Child Support Services (ORS/CSS) to adopt, amend and enforce rules.

(2) The purpose of this rule is to define the circumstances in which ORS/CSS will collect support arrears which accrue during timeframes when no ORS/CSS IV-D services case is open, and to outline the procedures ORS/CSS will follow when confirming the remaining balance due on an arrears debt.

R527-254-2. Definitions

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(1) "Arrears" means the past-due support debt created by the nonpayment of current support when it is due.

(2) "Current support" means the tribunal-ordered support amount due and payable within the current month or other tribunal-specified time period.

(3) "ORSIS" means the Office of Recovery Services Information System. ORSIS is used to maintain records of support due and support received on open IV-D support services cases.

R527-254-3. Responsibility to Maintain Records of Support Due and Paid

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(1) ORS/CSS will maintain a record of support due and payments received while there is an open IV-D support services case.

(2) ORS/CSS will not maintain records of support due and support paid during timeframes when there is not an open IV-D services case with ORS/CSS. It is the responsibility of both parents to maintain their own records regarding child support when no IV-D case is open.

R527-254-4. Limitation on Collection of Arrears

Latest version.

(1) ORS/CSS will enforce tribunal-ordered current support commencing with the month that one of the following occurs:

(a) ORS receives an Application for Child Support Services containing sufficient information to open a IV-D services case;

(b) A parent or guardian begins receiving IV-A cash assistance or Medicaid benefits for a child in his or her care; or,

(c) An intergovernmental transmittal is received requesting enforcement services on behalf of an intergovernmental agency.

(2) ORS/CSS will enforce arrears which accrue while there is an open IV-D services case. Enforcement of accrued arrears will continue until the IV-D services case is closed in accordance with federal regulations found in 45 CFR 303.11 or closed at the request of the applicant for child support services. When the IV-D services case is closed, ORS/CSS will remove any remaining debt balances from ORSIS.

(3) ORS/CSS will enforce support arrears that are determined by a judicial court in the following circumstances:

(a) If a determination of arrears is issued while there is an open IV-D services case and submitted to ORS/CSS for enforcement on the existing case;

(b) If a determination of arrears is issued within one year (365 days) prior to the date the ORS/CSS office receives an Application for Child Support Services which contains sufficient information to open a IV-D services case, ORS will enforce the arrears balance remaining due as reported by the applicant for services.

(c) If a determination of arrears is issued during a time period when there is not an open IV-D case with ORS/CSS and more than one year (more than 365 days) has elapsed prior to the application timeframe described above, ORS/CSS will not enforce on any remaining balance of those arrears. The amount remaining due on those arrearages must be adjudicated and determined before ORS/CSS will begin enforcement actions.

R527-254-5. Record of Payments -- Applicant

Latest version.

(1) If an applicant for IV-D services wishes to submit a determination of support arrears by a judicial court to ORS/CSS for collection, the applicant must provide a copy of that order.

(2) The applicant must also provide a record of all payments received toward that debt as a remaining balance on the debt. The record of payments received must include the date and the amount of each payment.

R527-254-6. Proof of Payments -- Obligated Parent

Latest version.

(1) The obligated parent may dispute the remaining arrears balance that ORS/CSS is enforcing or other arrears being collected by ORS/CSS by providing proof of payments made toward the balance. ORS/CSS will consider the following items as proof of payment:

(a) Copies of cancelled checks, front and back;

(b) Payment receipts from the ordered recipient of the payments;

(c) A notarized statement from the ordered recipient acknowledging additional payments, including the amount of the payments and the date of the payments; and,

(d) With ORS/CSS Director (or designee) approval, other forms of payment documentation which clearly show the amount paid, the date of the payment, proof that the payment was received by the ordered recipient, and clear documentation of the purpose of the payment.

(2) ORS/CSS will not consider the following items as proof of payment:

(a) Receipts for purchases in lieu of payments;

(b) Agreements for services provided in lieu of payments;

(d) Statements showing bank transfers where the recipient's account is not clearly identifiable as the ordered recipient; or,

(e) Any form of documentation including those identified in subsection (1) that does not clearly show the amount paid, the date of the payment, proof that the payment was received by the ordered recipient, and clear documentation of the purpose of the payment.

(3) If the obligated parent provides additional proof of payments, an updated list of the payments will be provided to both parties.

(4) If either party wishes to contest the arrears balance further, the matter must be adjudicated judicially by the parties. ORS/CSS will continue to enforce the amount due based on the proof provided by the parties according to the above guidelines unless directed otherwise by a court or tribunal.