DAR File No. 32390

Human Services, Recovery Services

R527-258

Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program.

NOTICE OF PROPOSED RULE

DAR File No.: 32390
Filed: 02/19/2009, 10:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is: 1) to clarify that the obligor must have been incarcerated for 30 days or more to be eligible for the IV-A debt forgiveness program and that the obligor may only utilize this program one time; and 2) to establish that the office will collect current support and $1 toward the past-due support for the first six months after the obligor has been released. The criteria and procedures for the obligor in a treatment program have been amended to be the same as the criteria and procedures for the incarcerated obligor.

Summary of the rule or change:

The changes were made to Section R527-258-2 to clarify that the obligor incarceration must be for 30 days or more and that the office will only collect $1 towards the obligor's arrearages. Changes were made to Section R527-258-3 to clarify that the obligor may only take advantage of this program one-time. Changes were made in Section R527-258-4 to add a new title and make it consistent with Subsection R527-258-4(2), that the obligor in a treatment program must be in the program for 30 days or more, that the office will collect $1 toward the obligor’s arrears, as well as add a provision to enforce medical insurance when ordered, if appropriate. Section 527-258-5 was added with a new title, as well as to clarify that the obligor in a treatment program may only take advantage of this program one time. A subsection was also added to indicate that the office will use income withholding to enforce the child support and arrearage that may be owed. Also, that full enforcement will take place, if the obligor fails to make the full agreed payments under this agreement. Another subsection was added to keep the consistency with the prisoner sections of the law, which state that the obligor must make all twelve payments to participate in the program and receive forgiveness. Payments will be assessed by the office.

State statutory or constitutional authorization for this rule:

Section 62A-11-107, Subsection 62A-11-320(1), and Section 78B-12-212

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state because the changes to the rule are for clarification purposes. The office has been and is still required to provide the same services pursuant to federal regulations and state law.

local governments:

There are no anticipated costs to the local government because Administrative rules of the Office of Recovery Services (ORS) do not affect or apply to local government.

small businesses and persons other than businesses:

There are not anticipated costs for small business because the changes affect the internal procedures of the ORS/CSS (Child Support Services) and provide clarification to the child support staff.

Compliance costs for affected persons:

ORS cannot provide firm figures because there is no way of knowing how many obligors' will have their support debts forgiven and what portion of each obligor's debt will be forgiven.

Comments by the department head on the fiscal impact the rule may have on businesses:

Passage of this proposed rule will have little or no fiscal impact on local businesses. Lisa-Michelle Church, Executive Director

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 801-536-8833, or by Internet E-mail at lwilber@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/06/2009

This rule may become effective on:

07/13/2009

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program.

R527-258-2. [Non-]Collection from Ex-Prisoners.

1. If the obligor [is]has been incarcerated for thirty days or more and notifies the Office of Recovery Services/Child Support Services (ORS/CSS) or the office is made aware of the release within 30 days of the release date, [no collection or enforcement action will be taken to collect]the office will only collect current support and one dollar toward the past-due support debt for six months after the incarceration release date.

2. The ORS/CSS will enforce a support order that requires the obligor to provide medical insurance coverage for the children, if appropriate.

 

R527-258-3. Enforcing Child Support When the Obligor is an Ex-Prisoner.

1. The federal title IV-A past-due support debt which accrued while the obligor was incarcerated may be forgiven one time, if the obligor makes both the full monthly current support payment and the full monthly assessed payment toward the past-due support debt for twelve consecutive months. The twelve consecutive month period begins when the obligor is released and they have contacted the office to make payment arrangements within the allotted 30 days.

2. The office will use the federal income withholding notice and procedures to enforce and collect the current support and an arrears payment, when appropriate. The office will use the federal National Medical Support Notice and procedures to enforce insurance coverage for the children, if appropriate.

a. If the obligor does not make the full payment in each of the first six months, additional collection or enforcement action may be taken.

b. If the obligor makes the full required payment each month for twelve consecutive months, the remaining IV-A support debt that accrued during the most recent period of incarceration shall be forgiven. IV-A debt forgiveness due to incarceration will only occur one time per obligor.

3. If the obligor owes IV-A arrears only, s/he must make twelve consecutive payments to the office based on an assessed amount determined by ORS/CSS.

4. The obligor's arrearage payment shall be reassessed by the office if his/her financial situation changes during the twelve-month period.

 

R527-258-4. [Enforcement of Child Support for]Collection from Obligors in Treatment Programs.

1. If the obligor is in a licensed mental health or substance abuse treatment program for thirty days or more, [no collection or enforcement action will be taken to collect]the office will only collect current support and one dollar towards the past-due support debt for the duration of the in-patient treatment or up to six months of out-patient treatment.

2. If the obligor is in an in-patient treatment program and notifies ORS/CSS or the office is made aware of the release within 30 days of the release date, [no collection or enforcement action will be taken to collect]the office will only collect current support and one dollar toward the past-due support debt for six months after the in-patient program release date.

3. The ORS/CSS will enforce a support order that requires the obligor to provide medical insurance coverage for the children, if appropriate.

 

R527-258-5. Enforcing Child Support When the Obligor Is in a Treatment Program.

1. The federal title IV-A past-due support debt which accrued while the obligor was in an in-patient treatment program may be forgiven one time, if the full monthly current support payment and the full monthly assessed payment toward the past-due support debt have been made for twelve consecutive months. The twelve consecutive month period begins when the obligor has been released from an in-patient treatment program and s/he has contacted the office to make payment arrangements within the allotted 30 days.

[3]2. The office will use the federal income withholding notice and procedures to enforce and collect the current support and an arrears payment, when appropriate. The office will use the federal National Medical Support Notice and procedures to enforce insurance coverage for the children, if appropriate.

a. If the obligor does not make the full payment in each of the first six months, additional collection or enforcement action may be taken.

b. If the obligor makes the full required payment each month for twelve consecutive months, [up to six months of ]the remaining IV-A support debt that accrued during the most recent treatment period shall be forgiven. IV-A debt forgiveness due to participation in an in-patient or out-patient treatment program will only occur one time per obligor.

3. If the obligor owes IV-A arrears only, s/he must make twelve consecutive payments to the office based on an assessed amount determined by ORS/CSS.

4. The obligor's arrearage payment shall be reassessed by the office if his/her financial situation changes during the twelve-month period.

 

KEY: administrative law, child support

Date of Enactment or Last Substantive Amendment: [May 14, 2008]2009

Notice of Continuation: August 22, 2007

Authorizing, and Implemented or Interpreted Law: 78B-12-212; 62A-11-107; 62A-11-320(1)