Utah Administrative Code
Topic - Human Services
Title R527 - Recovery Services
Rule R527-394 - Posting Bond or Security
Section R527-394-2 - Criteria
Universal Citation: UT Admin Code R 527-394-2
Current through Bulletin 2024-06, March 15, 2024
(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.
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