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Utah Administrative Code (Current through November 1, 2019) |
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R527. Human Services, Recovery Services |
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R527-394. Posting Bond or Security |
| R527-394-1. Authority and Purpose |
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Latest version.
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1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111 and 62A-11-107. 2. The purpose of this rule is to meet the requirements of 45 CFR 303.104 that the office develops guidelines to determine whether posting bond or security is appropriate on a support case. |
| R527-394-2. Criteria |
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Latest version.
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The Office of Recovery Services may petition the court to require the obligor to post bond or provide other security for the payment of a support debt if: 1. the Office determines the obligor has or has had the ability to pay but has failed or refused to pay, and; 2. the obligor has the ability to provide bond or security and to pay court ordered child support, and; 3. the Office determines that income withholding and garnishment are not viable or cost effective methods of collecting the support obligation, and; 4. the obligor has not made a payment during the period of 90 days prior to the time of a petition to the court in accordance with section (1) above, and; 5. the circumstances of the case include one of the following conditions: a. the obligor is self-employed, voluntarily unemployed or underemployed, or receives income-in-kind, or; b. the obligor realizes income from seasonal or other irregular employment or from commissions, or; c. there is reason to believe that the obligor is preparing to leave the state. |