DAR File No. 37165

Human Services, Recovery Services

Rule R527-56

In-kind Support

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37165
Filed: 01/02/2013 01:25:19 PM

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:

Section 62A-11-107 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. In accordance with Section 62A-11-104, ORS is responsible for collecting child support when an application has been received for child support services, the state has provided public assistance, or a child lives out of the home in the protective custody, temporary custody, or custody or care of the state. Section 62A-11-307.2 specifies the duties of a custodial parent after support rights have been assigned to the state. The custodial parent may not prejudice the rights of the Office of Recovery Services to establish paternity, enforce health insurance provisions, or establish and collect support. In addition, the custodial parent may not agree to change the court or administratively ordered manner or amount of payment of past, present, or future support without the office's written consent. Under this statute, the custodial parent must immediately deliver any payment to ORS that is received from the non-custodial parent. In 1991 a court decision (Utah Dept. of Social Servs. V. Adams, 806 P.2d. 1193 (Utah CR. App. 1991)) required that ORS give credit under certain conditions for in-kind support payments made where a court order exists.

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

There have been no comments received since the last five-year review of the rule.

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

This rule defines in-kind payments and establishes when and under what conditions the ORS is required to give the non-custodial parent credit for in-kind support payments. It also describes the conditions for ORS to require payment of court ordered cash support in case only, and when to take action to recover the case equivalent of "in-kind support" that has been paid to the custodial parent. Therefore, this rule should be continued.

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 Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8509, or by Internet E-mail at [email protected]

Authorized by:

Mark Brasher, Director

Effective:

01/02/2013