DAR File No. 32676

Human Services, Recovery Services

R527-301

Non-IV-D Income Withholding

NOTICE OF PROPOSED RULE

DAR File No.: 32676
Filed: 05/18/2009, 10:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to add an authority and purpose statement outlining the Office of Recovery Services' authority to create, amend, and enforce administrative rules.

Summary of the rule or change:

The change is to add an authority and purpose section to the existing rule. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. A purpose section was added to provide specific information in regards to who may request Non-IV-D Income Withholding and the office limitations concerning income withholding.

State statutory or constitutional authorization for this rule:

Sections 62A-11-107, 62A-11-502, 62A-11-504, 62A-11-506, and 62A-11-508

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

There is no anticipated change in cost of savings due to this amendment since administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses and persons other than businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the basic requirements of the current rule will not change. There will be no financial impact to persons other than businesses due to the amendment of this rule since the basic requirements of the current rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs due to this amendment since the procedures are not changing with the amendment of the current rule.

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

Businesses are not addressed in the proposed changes, and it is not anticipated that the changes will create any fiscal impact on them. Lisa-Michele 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:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at shancielawton@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:

07/15/2009

This rule may become effective on:

07/22/2009

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-301. Non-IV-D Income Withholding.

R527-301-1. Authority and Purpose.

1. The Office of Recovery Services is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

2. The purpose of this rule is to provide information about the requirements of the Office of Recovery Services in regards to Non-IV-D Income Withholding. The rule states who can request income withholding and the proper procedures to pursue income withholding.

 

R527-301-2. Responsibility of the Office of Recovery Services.

The responsibilit[y]ies of the Office of Recovery Services in regard to Non-IV-D Income Withholding are[is] limited to receiving the income withholding, processing the payment, issuing a payment to the custodial parent, and maintaining a payment record. Modifications to the support order or withholding amounts are the responsibility of the parents.

 

R527-301-[2]3. Child Support Order Does Not Require Immediate Income Withholding.

Either party to the support order may pursue income withholding by filing for an Order/Notice to Withhold in the court, by applying for IV-D child support enforcement services, or by receiving IV-A assistance.

 

R527-301-[3]4. Collection of Child Care Expenses Through Income Withholding.

Child care expenses shall not be collected through Non-IV-D Income Withholding.

 

R527-301-[4]5. Enforcement of Notice to Withhold When Payor Fails to Comply.

If a payor fails to comply with the Notice to Withhold, either the custodial parent or the non-custodial parent may proceed with judicial action against the employer to enforce the Notice to Withhold and to obtain a judgment in accordance with Subsections 62A-11-506 (1)(f), (j) and (k).

 

R527-301-[5]6. Modification of Income Withholding Amount.

If the Notice to Withhold needs to be modified for any reason, the parent must apply for IV-D services or file for an Order/Notice to Withhold in the court that issued the support order.

 

R527-301-[6]7. Custodial Parent's Failure to Keep Office Notified of Mailing Address.

The office shall hold income withholding payments for 60 calendar days after the office determines that the custodial parent's address is unknown. During this 60-day period, the office shall make one attempt to locate the custodial parent, using resources available to the office. If the custodial parent's address is still unknown at the end of 60 calendar days, the office shall refund the support to the non-custodial parent. The support shall not accrue interest during the time it is being held to locate the custodial parent.

 

R527-301-[7]8. Termination of Income Withholding.

At any time after the date income withholding begins, a party to the child support order may request a judicial hearing to determine whether income withholding should be terminated. If the court orders that income withholding should be terminated, the obligee will provide written notice of termination to each payor of income.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [March 18, 1998]2009

Notice of Continuation: August 21, 2008

Authorizing, and Implemented or Interpreted Law: 62A-11-107; 62A-11-502; 62A-11-504; 62A-11-506; 62A-11-508