PAYMENT METHODS

CS 705P Special Circumstances: Ex-Prisoners

03/16/87 Revised 01/21/15 Training Completed 02/11/15

R527-258

 

Statutory Authority

 

Utah Administrative Rule R527-258 states:

 

R527-258-2.  Non-Collection from Ex-Prisoners.

                “1. If the obligor has been incarcerated for thirty days or more and notifies the Office of Recovery Services/Child Support Services (ORS/CSS) or the office is made aware of the release within 30 days of the release date, the office will only collect current support and one dollar toward the past-due support debt for six months after the incarceration release date”. . .

 

R527-258-3.  Enforcing Child Support When the Obligor is an Ex-Prisoner.

                1.  The federal title IV-A past-due support debt which accrued while the obligor was incarcerated may be forgiven one time if the obligor makes both the full monthly current support payment and the full monthly assessed payment toward the past-due support debt for twelve consecutive months.  The twelve consecutive month period begins when the obligor is released and they have contacted the office to make payment arrangements within the allotted 30 days.” . . .

                “2b.  If the obligor makes the full required payment each month for twelve consecutive months, the remaining IV-A support debt that accrued during the most recent period of incarceration shall be forgiven.  IV-A debt forgiveness due to incarceration will only occur one time per obligor.” (Emphasis added).

 

This means that the non-custodial parent (NCP):

 

1.                   Is responsible only to pay current support and one-dollar ($1.00) towards his/her arrearages for the first six months after s/he has been released from incarceration, if:

a.                   s/he contacts CSS within 30 days of his/her release from incarceration; or,

 

NOTE:  If the NCP is unemployed when s/he contacts you within the 30 days of his/her release from incarceration and wishes to participate in the prisoner forgiveness program, s/he must find a job and contact CSS within 90 days of being released to be eligible.  If the NCP contacts CSS after the 90 days, and wishes to participate in the prisoner forgiveness program, obtain ARD/RD approval. 

b.                  CSS is made aware of the release within the 30 day timeframe; e.g., the custodial parent (CP) contacts CSS; and, 

 

NOTE:  If the NCP does not owe current support (arrears-only case), s/he must successfully pay twelve months of arrears to be eligible for the forgiveness program. 

 

2.                   May be forgiven of all IV-A arrears owed to the State of Utah that accrued during his/her most recent incarceration time-period, if:

a.                   s/he contacts the office to make payment arrangement within 30 days of being released from incarceration; and,

b.                  s/he makes the full required payment for twelve consecutive months.  

 

NOTE 1:  IV-E and non-IV-E cases are NOT included in this program.

 

NOTE 2:  The IV-A CP does not need to give his/her consent in order for the NCP to receive a discharge of IV-A Arrears if the Unreimbursed Public Assistance (URA) has been calculated and there is no support exceeding the grant funds owed to the CP.

 

 

Incarcerated/Released Parents Training

 

The CSS Training Unit (TU) currently provides limited training and/or case information to inmates at some of the local jails and release programs throughout the state.  These trainings include information about the “Prisoner Forgiveness Program” and specific updated case information about the NCP’s case(s).

 

Updated case information is given to the NCP on the Incarcerated/Released Parents Case Status Update letter.  The letter provides the NCP with specific details about his/her case; e.g., the monthly current support amount owed, the total amount of arrears owed to the state and/or CP, the current case worker’s name, phone number, etc.

 

As part of the training presentations, interested NCP’s (inmates/released parents) may be given the Incarcerated/Released Parents Inquiry form to complete and send back to CSS.  If the inmate/released NCP completes the form, s/he may send the form to CSS and request specific case information about his/her case.

 

If you receive the form an inmate/released parent:

 

1.                   Review the form and determine what information is requested;

 

2.                   Add the requested information to the form; and,

 

3.                   Send the form back to the NCP using the address listed on the form.

 

 

Procedures – Current/Arrears Support Only for Six Months

 

If CSS is notified within 30 days of the NCP’s release from jail/prison or the NCP sends the form or contacts/calls CSS within 30 days of his/her release, CSS will only collect current support and one-dollar towards his/her arrearages for the first six months after the individual’s release.  This means that if the NCP does not make arrangements to participate in the CSS forgiveness program and CSS is aware the individual is working, CSS will still only collect current support and one-dollar towards the arrearage for six months. The agent assigned to the case must complete the following:

 

NOTE:  If the NCP does not owe current support (arrears-only case), s/he must successfully pay twelve months of an assessed arrears payment to be eligible for the forgiveness program.  Continue to monitor the case, using the procedures found in this section. 

 

 

Procedures – Current and Arrears for Months Seven through Twelve

 

If the NCP contacts CSS and s/he owes IV-A arrears for the incarceration time period, and does not know about the Prisoner Forgiveness Program, inform him/her of the CSS prisoner forgiveness program.  If s/he is willing to participate in the program, complete the following steps below.

 

NOTE:  The IV-A CP does not need to give his/her consent in order for the NCP to receive a discharge of IV-A arrears if the URA (Unreimbursed Public Assistance) has been calculated and there is no support exceeds the grant funds owed to the CP.  For more information on URA, refer to CS 600 Unreimbursed Public Assistance.

 

Procedures for Discharge of Arrears

 

If the ex-prisoner/NCP pays the current support and the assessed arrears amounts for twelve consecutive months (the arrears cannot be pre-paid), the unpaid portion of the NCP's IV-A arrearage, which accrued while the NCP was most recently incarcerated, in jail, or in prison will be discharged by CSS at the end of the twelve-month period. 

 

NOTE 1:  IV-A arrears that accrued before or after the incarceration period are not subject to discharge.  If a portion of the arrears, which accrued while the NCP was incarcerated, belongs to the family/CP, the CP must authorize a discharge of those arrears; otherwise the debt to the family/CP is still owed.

 

NOTE 2:  The IV-A CP does not need to give his/her consent in order for the NCP to receive a discharge of IV-A arrears if the URA (Unreimbursed Public Assistance) has been calculated and there is no support exceeds the grant funds owed to the CP.  For more information on URA, refer to CS 600 Unreimbursed Public Assistance.

 

If the NCP has missed a payment or paid late during the twelve-month consecutive time period, do not discharge his/her arrears.