Human Services, Recovery Services

Rule R527-255

Substantial Change in Circumstances

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36349
Filed: 06/12/2012 11:40:20 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:

Utah guidelines apply to situations where there has been a substantial change of circumstances or an adjustment is made upon petition or a parent, legal guardian, or the Office of Recovery Services (ORS) when the support order has not been issued or modified within the previous three years. Under either situation, the law specifies the minimum percentage of change required between the ordered amount and amount that would be required under the guidelines and that the changes cannot be temporary in nature. Sections 62A-11-320.5 and 62A-11-320.6 deal specifically with review and adjustment of child support orders in and outside of the three-year cycle and also state that the change cannot be of a temporary nature. This rule provides the definition of what "temporary" means and makes it clear that the current support order may not be modified if the change in circumstances is temporary. It also provides direction on how to deal with more extended, but not permanent, changes and specifies that changes over 12 months are to be considered long term or permanent and therefore warrant adjustment under the guidelines statutes.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received during or since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule should be continued so that it remains clear what is meant by a temporary change in circumstances, what options are available when the change is more extended but not permanent, and when proceedings for adjustment of a support award must be initiated.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at [email protected]

Authorized by:

Mark Brasher, Director

Effective:

06/12/2012