Utah Admin. Code R527-394-2 - Criteria

(1) For ORS to petition the court to require the obligor to post bond or security for payment of a support debt there must be:

(a) no payment for the 90 day period prior to the time of petitioning the court; and

(b) a determination by ORS that such an action is appropriate.

(2) ORS will determine whether an action is appropriate by considering the following criteria:

(a) the obligor has the ability to pay but has failed or refused to pay;

(b) the obligor has the ability to provide bond or security and to pay court ordered child support;

(c) income withholding is not a viable method of collecting the support obligation; and

(d) the circumstances of the case include one of the following conditions:

(i) the obligor is self-employed, voluntarily unemployed or underemployed, or receives income-in-kind;

(ii) the obligor realizes income from seasonal or other irregular employment or from commissions; or

(iii) there is reason to believe that the obligor is preparing to leave the state.

Notes

Utah Admin. Code R527-394-2

Amended by Utah State Bulletin Number 2022-02, effective 1/10/2022