Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R527. Human Services, Recovery Services.
Rule R527-38. Unenforceable Cases.
As in effect on January 1, 2020
Table of Contents
- R527-38-1. Authority and Purpose.
- R527-38-2. Unenforceable Case Criteria.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111 and 62A-11-107.
2. The purpose of this rule is to establish the criteria which a support case must satisfy to be categorized as unenforceable pursuant to 45 CFR 303.11.
1. All of the following criteria must be met for a support case to be categorized as unenforceable:
a. The case is currently not a paying case; in that payments shall not have been posted to the case during the last 12 months; and payments are not expected to be posted in the near future.
b. No federal offset money has been received by the Office of Recovery Services (ORS) during the last two years.
c. No state tax money shall have been received by ORS within the most recent two years.
d. ORS shall have collected $1,000 or less on the case over the last two years by methods other than federal offset or state tax.
e. There are no financial institution accounts belonging to the non-custodial parent that can be attached.
f. No executable assets belonging to the non-custodial parent have been identified.
g. If the matter concerns a Title IV-E case, all of the children identified as being part of the case shall have been out of state custody for at least one year or parental rights shall have been terminated.
July 18, 2019
November 26, 2018
45 CFR 303.11; 62A-1-111; 62A-11-107
For questions regarding the content or application of rules under Title R527, please contact the promulgating agency (Human Services, Recovery Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.