Human Services, Recovery Services

Rule R527-250

Emancipation

Notice of Proposed Rule

(New Rule)

DAR File No.: 34685
Filed: 04/14/2011 08:32:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to clarify how the Office of Recovery Services (ORS) will determine the appropriate emancipation date for IV-D child support cases, specifically when determining the child's normal and expected year of graduation pursuant to Section 78B-12-219 for Utah child support order issued on or after 07/01/1994.

Summary of the rule or change:

This new rule establishes the appropriate emancipation dates for IV-D child support cases with Utah child support order issued on or after 07/01/1994. The normal and expected year of graduation is kindergarten plus twelve years of school, with the expected month of graduation as May, unless the parents provide the office with documentation of a specific graduation date for their child. The emancipation date for a child who receives a high school diploma or another documented form of high school equivalency is when the child turns 18 years of age or upon receipt of the child's high school diploma or high school equivalency. A child that drops out of school is not considered emancipated until the age of 18 or the graduation of the normal and expected graduating, whichever occurs later. Parents are required to provide the office with the appropriate documentation to support an emancipation date other than the standard established in this rule. All changes to the child support amount due will be effective the month following the emancipated date based on the 18th birthday, expected graduation date, or other appropriate dates as described in the rule.

State statutory or constitutional authorization for this rule:

• Section 62A-11-303
• Section 62A-11-401
• Section 78B-12-102
• Section 78B-12-219

Anticipated cost or savings to:

the state budget:

There should be a small savings to the state budget because ORS will no longer be required to determine what month a child graduates, May or June. Because each county in the state graduates in different months, if the child is 18 prior to graduation, ORS employees are required to review the case and determine what month the child will graduate to establish the appropriate emancipation month and date on ORSIS. Once the date is determined, ORSIS is adjusted accordingly. If the emancipation date is set to 18 years of age or to May of the normal and expected year of graduation, ORS employees will no longer be required to take the time determine the appropriate month.

local governments:

Administrative rules of the office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore there are no anticipated costs or savings for any local governments due to this rule.

small businesses:

Because the rule only changes internal procedures for the office in determining an appropriate emancipation date for IV-D child support cases with Utah child support order issued on or after 07/01/1994, there will not be compliance costs for small businesses. Employers will continue to receive an amended income withholding order or a termination of income withholding order from the office when a child emancipates.

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

Because the rule only changes internal procedures for the office in determining an appropriate emancipation date for IV-D child support cases with Utah child support order issued on or after 07/01/1994, there will not be compliance costs for other affected persons. Employers will continue to receive an amended income withholding order or a termination of income withholding order from the office when a child emancipates.

Compliance costs for affected persons:

Because the rule only changes internal procedures for the office in determining an appropriate emancipation date for IV-D child support cases with Utah child support order issued on or after 07/01/1994, there will not be compliance costs for other affected persons. Employers will continue to receive an amended income withholding order or a termination of income withholding order from the office when a child emancipates.

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

This rule does not create or cause any fiscal impact on businesses. The rule only changes internal procedures for when the office in determining an appropriate emancipation date for IV-D child support cases with Utah child support order issued on or after 07/01/1994. Employers currently receive an amended income withholding order or a termination of income withholding order when a child emancipates. The office will continue to send employers these documents upon a child�s emancipation.

Palmer DePaulis, 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:

06/14/2011

This rule may become effective on:

06/21/2011

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-250. Emancipation.

R527-250-1. Purpose and Authority.

1. Section 62A-11-107 authorizes the Office of Recovery Services/Child Support Services (ORS/CSS) to adopt, amend and enforce rules.

2. The purpose of this rule is to outline how ORS/CSS will apply Utah statute when determining the appropriate emancipation date for IV-D child support cases, particularly when determining the "child's normal and expected year of graduation" referenced in U.C.A. 78B-12-219 for Utah child support orders issued on or after July 1, 1994.

 

R527-250-2. Normal and Expected Year of Graduation.

1. For a child attending school in Utah, the normal and expected year of graduation is based on kindergarten plus twelve years of school, unless an exception is listed below.

2. For a child attending school in Utah, ORS/CSS will presume that the normal and expected month of graduation is May of the expected graduating year, unless the parents provide documentation of a specific graduation date for their child.

3. If a deviation to the "kindergarten plus twelve years" standard is known at the time of entry of the child support order, the expected year of graduation is altered accordingly. If a child has been held back a grade or experienced another delay in education before the child support order is entered, the "expected" year of graduation will be changed to extend the support obligation based on the known facts about the delay in education. If the child has been advanced a grade or experienced some other acceleration in education before the child support order is entered, the "expected" year of graduation will be changed to potentially shorten the support obligation based on the facts about the acceleration in education.

4. If a deviation to the "kindergarten plus twelve years" standard is not known until after the entry of the child support order, the "expected" year of graduation is not altered based on the new facts unless the child receives an early high school diploma or other high school equivalency diploma.

 

R527-250-3. Early Graduation, High School Equivalency Diploma, and General Educational Development (GED).

A child who receives a high school diploma or another documented form of high school equivalency is no longer enrolled in school or expected to graduate with the normal graduating class. The emancipation date will be determined based on when the child becomes 18 years of age or that child's high school diploma or high school equivalency date.

 

R527-250-4. Dropping Out of School.

A child who no longer attends school is not considered emancipated until becoming 18 years old or the graduation of the normal and expected graduating class, whichever occurs later.

 

R527-250-5. Burden of Proof.

1. ORS/CSS will enforce child support based on the "kindergarten plus twelve years" standard until a parent or guardian has provided appropriate documentation to support an emancipation date other than that standard.

2. A parent or guardian requesting the deviation from the standard is responsible for gathering the appropriate documentation and providing the information to ORS/CSS.

3. Changes to the child support amount due will not be effective until the month following the emancipation date based on the 18th birthday, normal and expected graduating class, or other appropriate date as described above.

4. Changes to the child support amount which are based on a date other than the 18th birthday or the "kindergarten plus twelve year" standard will not be effective until the month following the determined date of emancipation or the month following when the parent or guardian provides sufficient documentation to support the new emancipation date, whichever occurs later. If an over collection occurs due to the parent not providing documentation, the parent will be responsible for recovering any overpaid amounts without involving ORS/CSS.

 

KEY: child support, emancipation

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, Implemented, or Interpreted Law: 62A-11-303; 62A-11-401; 78B-12-102; 78B-12-219