CASE MANAGEMENT

CS 1086P CIC Guidelines for Charging Support

10/99 Revised 03/11/19 Training Completed 02/08/19

R495-883; U.C.A. 30-3-10.5, 62A-1-117, 62A-11-104, 78A-6-1106, 78B-12-108

 

NOTE:  CIC-specific procedures contained in this section.

 

 

Statutory Authority

 

U.C.A. 30-3-10.5 Payments of support, maintenance, and alimony, states:

“(1) All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.” (Emphasis added)

 

U.C.A. 78B-12-108 Support follows the child, states:

“(2) Except in cases of joint physical custody and split custody as defined in Section 78B-12-102, when physical custody changes from that assumed in the original order, the parent without physical custody of a child shall be required to pay the amount of support determined in accordance with Sections 78B-12-205 and 78B-12-212, without the need to modify the order for:

(a) the parent who has physical custody of the child;

(b) a relative to whom physical custody of the child has been voluntarily given; or

(c) the state when the child is residing outside of the home in the protective custody, temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.” (Emphasis added)

 

U.C.A. 62A-1-117 Assignment of support – Children in state custody, states:

“(1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days.”

 

U.C.A. 78A-6-1106 Child support obligation when custody of a minor is vested in an individual or institution, states:

“(3) Except as provided in Subsection (11), when a court places a child in state custody or if the guardianship of the child has been granted to another party and an agreement for a guardianship subsidy has been signed by the guardian, the court:

(a) shall order the parents, a parent, or other obligated individual to pay child support for each month the child is in state custody or cared for under a grant or guardianship; and

(b) shall inform the parents, a parent, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support Act; and

(c) may refer the establishment of a child support order to the office.”

 

 

“(5) Liability for the child support ordered under Subsection (3) shall accrue:

(a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which the court holds the hearing described in Subsection (2)(a), if there is no existing child support order for the child; or

(b) beginning on the day the child is removed from the child’s home, including time spent in detention or sheltered care, if the child is removed after having been returned to the child’s home from state custody.

(6)(a) If the parents, a parent, or other obligated individual contacts the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a), the child support order may not include a judgment for past due support for more than two months.

(b) Notwithstanding Subsections (5) and (6)(a), the court may order the liability of support to begin to accrue from the date of the proceeding referenced in Subsection (3) if:

(i) the court informs the parents, a parent, or other obligated individual, as described in Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and

(ii) the office took reasonable steps under the circumstances to contact the parents, parent, or other obligated individual within 30 days after the last day on which the parents, a parent, or other obligated individual was required to contact the office to facilitate the establishment of a child support order.

(c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable steps if the office:

(i) has a signed, returned receipt for a certified letter mailed to the address of the parents, a parent, or other obligated individual regarding the requirement that a child support order be established; or

(ii) has had a documented conversation, whether by telephone or in person, with the parents, parent, or other obligated individual regarding the requirement that a child support order be established.”

 

“(12) After the court or the office establishes an individual’s child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the court if:

(a) the individual’s child support obligation is established under Subsection 78B-12-205(6) or Section 78B-12-302; or

(b) the individual’s only source of income is a means-tested, income replacement payment of aid, including:

(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program; or

(ii) cash benefits received under General Assistance, social security income, or social security disability income.”

 

U.C.A 62A-11-104 states:

“(2) The office may not provide child support services to the Division of Child and Family Services for a calendar month when the child to whom the child support services relate is:

(a) in the custody of the Division of Child and Family Services; and

(b) lives in the home of a custodial parent of the child for more than seven consecutive days, regardless of whether:

(i) the greater than seven consecutive day period starts during one month and ends in the next month; and

(ii) the child is living in the home on a trial basis.

(3) The Division of Child and Family Services is not entitled to child support, for a child to whom the child support relates, for a calendar month when child support services may not be provided under Subsection (2).”

 

 

Guidelines for Charging Support

 

Administrative Rule 495-883-3 states:

“(5) Child Support Services are due and payable on the first day of the month.  Child support shall not be prorated for partial months.” 

 

The Office of Recovery Services/Children in Care (ORS/CIC) will begin charging support on the first day of the month following the juvenile court hearing.  If the juvenile court hearing is held on the first day of the month, charges begin with the first of that month.

 

EXAMPLE 1:  The child was placed in custody on December 1, and the juvenile court hearing was held on December 15.  The support obligation would begin on January 1.

 

EXAMPLE 2:  The child was placed in custody on December 1 and the juvenile court hearing was held on December 1.  The support obligation would begin on December 1.

 

EXCEPTIONS:

 

1.                   If ORS/CIC is enforcing on an existing support order, the support obligation is effective the first day of the month the child is in care, even if the juvenile court hearing is held after the first day of the month.

 

2.                   If there is not an existing support order, the respondent(s) may receive a 60-day credit if they cooperate with ORS/CIC.

 

3.                   If it is the first time the child is placed in the care or custody of the state, and the child returns home within 30 days of being placed, do not collect any money pursuant to U.C.A. 62A-1-117.  If money has applied to the CIC case, refund it to the respondent(s) or transfer the money back to the IVDS case, whichever applies.

 

If the child returns home on the first day of the month, do not charge current support for that month.  Exception:  If the child(ren) is in a JJS program that allows weekend home visits, and a weekend home visit coincidentally occurs on the first of the month, current support will still be charged for that month.

 

 

Guidelines Prior to November 1, 1999

 

For all placement time periods PRIOR to November 1, 1999, support was charged when a child was in a chargeable placement for five (5) or more consecutive days in any given month.

 

 

Charging Current Support for a Chargeable Placement

 

1.                   Verify the child is in a chargeable placement.  ORS workers do not determine if a placement is chargeable.  Only the Division of Child and Family Services (DCFS) and the Division of Juvenile Justice Services (DJJS) determine if a placement code is chargeable.

 

2.                   If the child is in a chargeable placement, determine if it is appropriate to add or reinstate a current support debt for the child on ORSIS.

 

 

Charging Support When a Child is AWOL

 

In accordance with R495-883, charge child support for the months a child is absent without leave (AWOL) or notice on the first day of the month, but is later placed in a chargeable placement the same month.

 

 

Non-Chargeable Facilities and Home Placement

 

If the child is placed in a non-chargeable facility or a home placement on the first day of the month, do not charge support for that month, even if the child is later placed in a chargeable placement later the same month.

 

 

Charging Support During Trial Placements

 

If the child is in the custody of the Department of Child and Family Services (DCFS) and returns to the home of the custodial parent for more than seven consecutive days, child support shall not be collected for that month.  Administrative Rule 495-883 defines custodial parent for this purpose as “one of the financially obligated parents of a child placed in the care or custody of the state.”  Child support enforcement for the other parent will continue with no disruption during the time the child is with the custodial parent for more than the seven consecutive days.  If the “more than seven consecutive days” span more than one calendar month, child support shall not be collected for any of the affected months from the custodial parent.

 

NOTE:  Day one of the “more than seven consecutive days” begins with a partial day including an overnight stay (i.e., the child begins a visit with a parent beginning on a Wednesday afternoon, day one of the consecutive days would start Thursday).

 

DCFS caseworkers will be responsible for providing the necessary verification of the placement in the custodial parent home.  Adjustments to the case cannot be completed until verification is received from DCFS.  Verification from a DCFS worker must be in writing (e-mail is acceptable) and should include the child’s name, custodial parent’s name, and the start and end dates of the placement.

 

NOTE:  If a parent contacts ORS stating that the child returned home for more than seven consecutive days, send an e-mail to the DCFS case worker, and CC the case worker’s supervisor, requesting the above information for verification.  Inform the parent that the adjustment cannot be completed until verification is received from the DCFS worker.

 

Child support collected during the months where the child is in the custodial parent’s home more than seven consecutive days will be retroactively adjusted.  The current support for any affected months is removed from the case entirely and cannot be prorated to account for the days that the child was not in the custodial parent’s home.  An adjustment to the child support debt must be done within ten days of receiving verification from DCFS. 

 

EXAMPLE 1:  A child in the care and custody of DCFS returns to the father’s home for the Christmas holidays.  The father is an obligated parent on ORSIS.  The child visits the father’s home the afternoon of December 25th.  Day one of the “more than seven consecutive days” will begin December 26th.  The child is in the father’s home until January 3rd.  Since the child was in the custodial parent’s home for more than seven days and the consecutive days spanned more than one month, child support will not be collected for the months of December and January.

 

EXAMPLE 2:  A child in the care and custody of DCFS returns to the mother’s home for Labor Day weekend.  The child stays from Thursday night to Monday night.  The child then goes back to the mother’s home the next weekend from Friday night to Sunday night.  Since the child was not in the mother’s home for more than seven consecutive days, child support is owed for the month of September.

 

If the trial placement becomes a permanent placement, review the case for continuing services as described in CS 120 CSS/CIC Case Coordination – Overview.

 

 

Charging Arrears

 

1.                   Enforcing on an existing support order.

a.                   If there is an existing support order, there are no restrictions for charging arrears as long as the existing support order is used for the arrears time frame.

 

2.                   Establish an administrative order.

 

 

Low Income or Means-tested Income Waiver

 

In accordance with U.C.A. 78A-6-1106(12), when a child(ren) is in the custody of the state, ORS cannot enforce a child support order when a child support order has been established and the following criteria are met:

 

1.                   The order is a Utah minimum order ($30 or less),

2.                   The low income tables were used to determine the current support.  Refer to the Child Support tables to verify whether or not the low income tables were used to determine the child support; or,

3.                   The NCP’s only source of income is a means-tested, income replacement payment of aid including:

a.                   FEP (Family Employment Program (formerly referred to as TANF));

b.                  GA (General Assistance);

c.                   SSI (Supplemental Security Income); or,

d.                  SSDI (Social Security Disability Insurance).

 

NOTE:  If it has been determined that the NCP’s only source of income is SSI, an order does not need to be established.  Prepare the case for closure.

 

If the case meets the above listed criteria, prepare the case for closure.