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 October 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 R527-394. Posting Bond or Security.
As in effect on October 1, 2019
Table of Contents
- R527-394-1. Authority and Purpose.
- R527-394-2. 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 meet the requirements of 45 CFR 303.104 that the office develops guidelines to determine whether posting bond or security is appropriate on a support case.
The Office of Recovery Services may petition the court to require the obligor to post bond or provide other security for the payment of a support debt if:
1. the Office determines the obligor has or has had the ability to pay but has failed or refused to pay, and;
2. the obligor has the ability to provide bond or security and to pay court ordered child support, and;
3. the Office determines that income withholding and garnishment are not viable or cost effective methods of collecting the support obligation, and;
4. the obligor has not made a payment during the period of 90 days prior to the time of a petition to the court in accordance with section (1) above, and;
5. the circumstances of the case include one of the following conditions:
a. the obligor is self-employed, voluntarily unemployed or underemployed, or receives income-in-kind, or;
b. the obligor realizes income from seasonal or other irregular employment or from commissions, or;
c. there is reason to believe that the obligor is preparing to leave the state.
child support, bonding requirements
July 13, 2009
April 29, 2019
62A-1-111; 62A-11-107; 62A-11-321; 45 CFR 303.104
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.