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 August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R527. Human Services, Recovery Services.

Rule R527-330. Posting Priority of Payments Received.

As in effect on August 1, 2019

Table of Contents

R527-330-1. Purpose and Authority.

1. The Office of Recovery Services (ORS) is authorized to create rules necessary for the provision of social services by Section 62A-11-107.

2. The purpose of this rule is to clarify that ORS must first apply support payments to current support obligations before applying the money to past-due arrears debts. It also establishes a method for posting payments when the obligor does not provide instructions for the payment and has more than one case.

R527-330-2. Posting Priority of Payments Received.

The Office of Recovery Services shall determine to which debt payment will be credited in instances where the obligor has more than one case, and the obligor has not expressed his/her intention.

For Child Support Services cases, if the obligor expresses intent, the payment shall be credited to the case indicated. When the obligor has not expressed his/her intention, the Office of Recovery Services/Child Support Services (ORS/CSS) shall pro-rate payments, other than payments received from the Federal tax refund intercept program, among all of the obligor's current support obligations. Once the current support obligations have been met, a payment shall be split equally among all of the obligor's child support cases with arrears.

A payment credited to a case with arrears shall be applied to the oldest debt, and arrears owed to the family shall be paid before arrears owed to the State according to the priority specified in 42 USC Sec. 657.

KEY

child support, debt, public assistance programs

Date of Enactment or Last Substantive Amendment

October 23, 2012

Notice of Continuation

January 23, 2017

Authorizing, Implemented, or Interpreted Law

62A-11-107; 42 USC 657


Additional Information

Contact

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.