ESTABLISH ORDER

CS 356P Specified Relative Cases, Overview and Questions & Answers  

11/94 Revised 08/18/08 Training Completed 06/02/04

U.C.A. 78B-12-108, 78B-12-205, 78B-12-113

 

Overview

 

When a child is living with a relative and the relative is receiving IV-A cash and/or Medicaid assistance on behalf of the child or has applied for Non-IV-A services, the Office of Recovery Services/Child Support Services (ORS/CSS) will open a “specified relative” case against each parent.

 

The cases against the separate parents may be worked differently according to their particular circumstances.  If there is an existing support order for the child and support-follows-the-child procedures apply, CSS will enforce the separate obligations of both parents.  If there is an existing order and support-follows-the-child procedures do not apply, CSS may enforce the obligation of the parent that is ordered to pay and may proceed to establish a new order that contains a support obligation for both parents.  If there is no existing support order, CSS may proceed to establish an order against one or both of the parents.

 

For purposes of the CS 356 sections, if the specified relative is receiving cash assistance, Medicaid or child care, s/he is considered to be “receiving benefits or assistance.”  If the individual is receiving cash assistance, the current child support debt is a IV-A debt.  If there is no cash assistance, the current child support debt may be either be Non IV-A Medicaid only (family is receiving Medicaid), or Non IV-A child care, or Non IV-A (no financial or medical assistance being received by the family).  Food stamps, HEAT assistance or any other type of assistance are not considered to be “receiving benefits or assistance,” as defined by these sections.

 

Work incoming interstate cases that involve a specified relative in the same manner in which you would work comparable in-state cases.  Make sure you communicate with the initiating state when you are deciding the appropriate course of action based on each case’s specific facts.