Utah Admin. Code R527-254-4 - Limitation on Collection of Arrears

(1) ORS will enforce tribunal-ordered current support commencing with the month that one of the following occurs:

(a) ORS receives an Application for Child Support Services containing sufficient information to open a IV-D services case;

(b) a parent or guardian begins receiving IV-A cash assistance or Medicaid benefits for a child in their care; or

(c) an intergovernmental transmittal is received requesting enforcement services on behalf of an intergovernmental agency.

(2) ORS will enforce arrears that accrue while there is an open IV-D services case. Enforcement of accrued arrears will continue until the IV-D services case is closed pursuant to 45 CFR 303.11 or closed at the request of the applicant for child support services. When the IV-D services case is closed, ORS will remove any remaining debt balances from ORSIS.

(3) ORS will enforce support arrears that are determined by a judicial court in the following circumstances:

(a) if a determination of arrears is issued while there is an open IV-D services case and submitted to ORS for enforcement on the existing case; or

(b) if a determination of arrears is issued within one year prior to the date ORS receives an Application for Child Support Services that contains sufficient information to open a IV-D services case, ORS will enforce the arrears balance remaining due as reported by the applicant for services.

(4) If a determination of arrears is issued during a time period when there is not an open IV-D case with ORS and more than one year has elapsed prior to ORS receipt of the Application for Child Support Services, ORS will not enforce on any remaining balance of those arrears. The amount remaining due on those arrearages must be adjudicated and determined before ORS will begin enforcement actions.

Notes

Utah Admin. Code R527-254-4

Adopted by Utah State Bulletin Number 2015-13, effective 6/9/2015 Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022