DAR File No. 37304

Human Services, Recovery Services

Rule R527-301

Non-IV-D Income Withholding

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37304
Filed: 02/14/2013 12:34:39 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:

This rule is authorized by Section 62A-11-502, which authorizes immediate income withholding for child support orders issued or modified on or after 01/01/1994 with withholding for child support orders issued or modified on or after 01/01/1994 with specific restrictions and regulations that the agency has implemented. Section 62A-11-504 authorizes the Office of Recovery Services (ORS) to commence income withholding when an obligor or obligee applies for IV-D services with the office. In addition, the rule provides information on enforcement upon a payor that fails to comply with the Notice to Withhold in accordance with Section 62A-11-506.

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.

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

This rule is necessary to provide information regarding ORS's ongoing responsibilities with Non-IV-D income withholding and it defines the office's limits to income withholding in regards to collection of child care expenses. This rule provides information to custodial and non-custodial parents when a payor fails to comply with the Notice to Withhold. The rule provides information regarding how income withholding may be terminated. In addition, the rule provides information on how income withholding payments will be handled when the custodial parent's mailing address is unknown. 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:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8509, or by Internet E-mail at [email protected]

Authorized by:

Liesa Corbridge, Director

Effective:

02/14/2013