Human Services, Recovery Services

Rule R527-258

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 32890
Filed: 08/18/2009 07:41:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify when the office will collect and enforce past-due support when the obligor is involved in an in-patient or out-patient mental health or substance abuse programs. The changes also make this section, R527-258-4, consistent with the collection and enforcement of an obligor that has been released from incarceration.

Summary of the rule or change:

The changes add language to the first section to clarify that the Office of Recovery Services/Child Support Services (ORS/CSS) will not take collection or enforcement action on an obligor if he is in an in-patient treatment facility for 30 days or more. In that same section, the references to collection of current support and $1 was deleted, as well as reference to out-patient treatment. A new third subsection was added which states that the office will only collect current support and $1 dollar for six months after the obligor notifies ORS/CSS that he is involved in an out-patient program or the office determines that the obligor is involved in an out-patient treatment program. Moved the old Subsection R527-258-4(3) to (4).

State statutory or constitutional authorization for this rule:

• Section 78B-12-212
• Subsection 62A-11-320(1)

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 ORS do not apply to local government.

small businesses:

There are no anticipated costs for small business because the changes affect the internal procedures of the ORS/CSS and provide clarification to the child support staff.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs for other persons because the changes affect the internal procedures of the ORS/CSS 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:

10/15/2009

This rule may become effective on:

10/22/2009

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.

R527-258-4. Collection from Obligors in Treatment Programs.

1. If the obligor is in a n in-patient, 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 , licensed mental health or substance abuse treatment program and notifies ORS/CSS or the office is made aware of the release within 30 days of the release date, 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. If the obligor is involved in an out-patient treatment program and notifies ORS/CSS or the office is made aware of the treatment within 30 days of the treatment beginning, the office will only collect current support and one dollar toward the past-due support debt for six months after:

a. the obligor's initial contact with the office, or

b. the office determines that the individual is involved in an out-patient treatment program.

4. [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.

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 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: [July 13], 2009

Notice of Continuation: August 22, 2007

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