Section R527-56-2 - Requirements and Procedures(1) "In-kind" support is support provided by the obligor to the obligee in lieu of payment of a cash support amount.(2) In cases where the obligee is receiving financial public assistance, ORS shall give credit to the obligor for in-kind support payments when cash support is ordered and there is an in-kind support agreement between the obligee and obligor meeting the following criteria:(a) both the obligor and the obligee shall have agreed to the in-kind support;(b) the agreement shall be in writing;(c) the agreement pre-dates the obligee receiving financial public assistance;(d) the agreement shall have been filed with the court;(e) the value of the in-kind support is undisputed;(f) the in-kind support is easily valued;(g) the value of the in-kind support provided in a month equals or exceeds the monthly amount of cash support ordered by the court; and(h) ORS shall be notified of the agreement and shall have received a copy of the agreement filed with the court.(3) If the criteria listed in this section are met, ORS shall give the obligor credit for the monthly ordered amount for each month that the agreement was in effect and the in-kind support was provided.(4) ORS may take whatever action is necessary to require prospective payment of the ordered cash support during the time period that the obligee receives financial public assistance.(5) When the obligee has signed an assignment or other document from the Department of Workforce Services or ORS which specified that upon receipt of financial public assistance by the obligee ORS requires prospective payment of cash support as ordered by the court, and the obligor and obligee continue to act in accordance with the in-kind support agreement, the obligee is considered to be retaining support in violation of the assignment of support rights, and the office may recover the amount of in-kind support from the obligee.(6) When the obligee has not signed an assignment or other document as described in R527-56-2(5), but otherwise received written notice from ORS that upon receipt of financial public assistance by the obligee ORS requires prospective payment of cash support as ordered by the court, and the obligor and obligee continue to act in accordance with the in-kind support agreement, the obligee is considered to be retaining support in violation of the assignment of support rights, and ORS may recover the amount of in-kind support from the obligee.(7) Once an obligor receives written notice that an assignment of support rights is in effect and that ORS requires payment of cash support as ordered by the court, the obligor may be held responsible to pay directly to ORS any prospective support payments which are due under a support order, in the manner provided in the support order.Utah Admin. Code R527-56-2
Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022