PAYMENT METHODS

CS 705P Special Circumstances: Prisoner Forgiveness Program

03/16/87 Revised 06/18/24 Training Completed 07/02/24 Last Reviewed 09/03/25

R527-258

 

 

Statutory Authority

 

Utah Administrative Rule R527-258 states:

 

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

 “(1)  If the obligor has been incarcerated for 30 days or more and notifies ORS, or ORS is made aware of the obligor's release within six months of the release date, ORS will only collect current support and $1 toward the past-due support debt for six months from the time ORS is notified or made aware of the release.

(2)  ORS will enforce a support order that requires the obligor to provide medical insurance coverage for the children, if appropriate.”

 

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

 “(1)  The IV-A past-due support debt that accrued while the obligor was incarcerated may be forgiven one time if the obligor makes:

(a)  the full monthly current support payment; and

(b)  the full monthly assessed payment toward the past-due support debt for 12 consecutive months.  The 12-month-consecutive-period begins when the obligor is released and the obligor has contacted ORS to make payment arrangements within six months of the release date.

(2)  ORS will use the federal income withholding notice and procedures to enforce and collect the current support and an arrears payment, when appropriate.  ORS will use the federal National Medical Support Notice and procedures to enforce insurance coverage for the children, if appropriate.

(3)  If the obligor does not make the full payment in each of the first six months, additional collection or enforcement action may be taken.

(4)  If the obligor makes the full required payment each month for 12 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.

(5)  If the obligor owes IV-A arrears only, the obligor must make 12 consecutive monthly payments to ORS based on an assessed amount determined by ORS.

(6)  The obligor's arrearage payment shall be reassessed by ORS if the obligor's financial situation changes during the 12-month period.” (Emphasis added.)

 

This means that the noncustodial parent (NCP):

 

1.                   Is responsible only to pay current support and one dollar ($1.00) towards his/her arrearages every month for six months, if:

a.                   S/he contacts ORS within six months of his/her release from incarceration; or,

b.                   ORS is made aware of the release within six months following the release date (e.g., the custodial parent (CP) contacts ORS); and,

 

NOTE:  The time period to pay $1.00 towards the arrears begins from the date the NCP contacts ORS (within six months following the date of his/her release from incarceration) or when ORS is made aware of the release date from incarceration, within six months.

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 arrangements within six months of being released from incarceration; and,

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

 

NOTE 1:  If the NCP is unemployed and s/he contacts you within six months from the date of his/her release from incarceration, and s/he wants to participate in the prisoner forgiveness program, s/he must find a job and contact ORS again within 90 days from the date of the initial contact with ORS to be eligible.  If the NCP contacts ORS after 90 days from the date of initial contact and wishes to participate in the prisoner forgiveness program, approval must be obtained from your Regional Director (RD).

 

NOTE 2:  IV-E and non-IV-E cases are NOT included in this program.

 

For more information on this program, refer to Procedures – Current/Arrears Support Only for Six Months and Procedures – Current and Arrears for Months Seven through Twelve below. 

 

 

Forms Overview

 

1.                   Payment Schedule Notice to Obligor.  Give this letter to the NCP when income withholding is not available.  The letter informs the NCP of the expected monthly payment due each month during the twelve consecutive months of payments for possible discharge.

 

2.                   Inquiry Form for Incarcerated/Released Parents.  The incarcerated, paroled, probationary and/or released NCP can send this form to ORS to request information on his/her case.

 

 

Incarcerated/Released Parents Training

 

ORS 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 “Prisoner Release Case Update” form.  This form 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 NCPs (inmates/released parents) may be given the “Inquiry Form for Incarcerated/Released Parents” form to complete and send back to ORS.  If the inmate/released NCP completes this form, s/he may send the form to ORS and request specific case information about his/her case.

 

If you receive the “Incarcerated/Released Parents” form from an inmate/released parent:

 

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

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

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

 

 

Procedures – Current/Arrears Support Only for Six Months

 

If ORS is notified within six months of the NCP’s release from jail/prison or the NCP sends the required form or contacts/calls ORS within six months of his/her release, ORS will only collect current support and one dollar ($1.00) towards his/her arrearages for the first six months after being notified or made aware of the release.  If the NCP does not make arrangements to participate in the ORS forgiveness program but ORS has been made aware the individual is working, ORS will only collect current support and one dollar ($1.00) 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.

 

1.                   Verify the NCP’s release date from incarceration – This information may be obtained from:

a.                   The NCP;

b.                   The Utah State Correctional Facility;

c.                   A Federal Parent Locate Service (FPLS); and,

d.                   The Department of Corrections (DOC).

 

NOTE:  If ORS is unable to verify this information, it is ultimately the NCP’s responsibility to provide ORS with the appropriate documentation.

 

2.                   Generate/Initiate “Income Withholding/Payment Schedule Notice to Obligor” form:

a.                   Initiate income withholding for current support and one dollar ($1.00) towards the arrearage, if appropriate, pursuant to R527-258-2(1), which states,

 “If the obligor has been incarcerated for 30 days or more and notifies ORS, or ORS is made aware of the obligor's release within six months of the release date, ORS will only collect current support and $1 toward the past-due support debt for six months from the time ORS is notified or made aware of the release.” (Emphasis added.); 

 

3.                   Document the actions taken on the case – Complete the following:

a.                   Create a worker generated event.  This event must be added when the NCP first contacts ORS after s/he is released from jail/prison and expresses interest in participating in the prisoner forgiveness program or ORS is made aware of the release. 

b.                   Write a case narrative – Add narratives and document actions taken in the NCP’s case(s).

 

NOTE:  If the NCP has only one case and/or is participating in the forgiveness program for all of his/her cases, a case level event may not be necessary unless special arrangements were made specifically for that case or there is other information specific to that case that should be documented.

 

4.                   Self-Alert – Create a self-alert to help monitor the NCP’s current support and arrears payments for the next six months.

 

5.                   Monitor the case(s) – Using your self-alert and the ORSIS delinquency alerts, determine if the NCP makes all of his/her court ordered current support and one dollar arrears payments for six consecutive months.

a.                   Payments made:

i.                     First Payment – When the first payment is received:

A.                  Create a worker generated event. 

B.                  Update the self-alert to the following month, if appropriate (e.g., the NCP met his/her full current support and one dollar ($1.00) arrears payment for the month.)

C.                  Continue to do this, until the NCP meets the terms of the repayment agreement (first six months – current support and one dollar towards arrears); or fails to make a full current support and one dollar arrears payment.  If the NCP fails to make the full current support and one dollar arrears payment for anytime during the six consecutive months, s/he is no longer eligible for the current support and one-dollar arrears payment for the first six months or the 12-month forgiveness program, if applicable.  Proceed with full enforcement on the case as appropriate. 

b.                   No payment – If the NCP fails to make the full payment amount:

i.                     Determine if s/he contacted ORS within six months of his/her release from incarceration.

A.                  Contacted ORS – Continue to collect current support and one dollar towards the arrears pursuant to R527-258-2(1) for the duration of the six months. 

 

EXAMPLE:  The NCP is released from incarceration on March 1 and contacts ORS on March 15.  Payment arrangements are made for current support only and one dollar towards the arrears for six months beginning in April (April – September).  The NCP makes payments in April, May, June and July, but fails to make an August payment.  In accordance with R527-258-2(1), ORS will only collect current support and one dollar towards the arrears through September.  Beginning in October, proceed with full enforcement as appropriate.

 

B.                  Did Not Contact ORS – If the NCP did not contact ORS within six months of his/her release (i.e., ORS was simply made aware of the release), and NCP fails to make the full payment amount, proceed with full enforcement on the case as appropriate.

c.                   Beginning with month five, complete the following:

i.                     Fifth Month Payment – After the NCP has successfully met his/her current support payment and one dollar arrears for five full months and the NCP has a IV-A arrears debt which accrued during his/her last period of incarceration, begin procedures to assess his/her ability to make an arrears payment for the last six months pursuant to R527-258-3(5), which states:

 “If the obligor owes IV-A arrears only, the obligor must make 12 consecutive monthly payments to ORS based on an assessed amount determined by ORS.” (Emphasis added.)

 

NOTE:  The new assessed arrears payment does not begin until AFTER ORS has received six consecutive months of a full current support and one dollar arrears payment; i.e., the assessed arrears payment should be made beginning with month seven.

A.                  Send the Post-Order Financial Statement form to the NCP to complete.

I.                     Form Received – Upon receipt of the form, assess the NCP’s ability to pay on his/her arrears by completing a computed assessment using the Arrears Assessment Computation form.  This method considers the individual’s actual income and necessary debts, and enables ORS to have a more detailed assessment of the NCP’s ability to pay. 

II.                   Write a participant and/or case narrative as appropriate to document the assessment and all actions taken on the case.

III.                 Form Not Received – If the NCP does not return the form, follow the procedures to establish a monthly arrears payment.

 

NOTE:  If later the NCP contacts ORS and is willing to provide ORS with his/her financial information, complete the form to assess an arrears payment based on the NCP’s current financial situation. 

d.                   Sixth Month Payment – When the sixth month payment is received:

i.                     Create a worker generated event.  This event must be added AFTER ORS has received six consecutive months of current support and one dollar arrears payments.

ii.                   Amend/update the income withholding order to the NCP to include an arrears payment, if available.  Send a copy to the NCP by first class mail.

 

6.                   Write a case narrative – Document all action taken on the case.

 

 

Procedures – Current and Arrears for Months Seven through Twelve

 

If the NCP contacts ORS 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 ORS prisoner forgiveness program.  If s/he is willing to participate in the program, use the procedures found in this section.

 

For months seven through twelve, complete the following steps:

 

1.                   Monitor the case – For procedures on the first six months of this program, refer to the subsection Procedures – Current/Arrears Support Only for Six Months.

 

If ORS is collecting IV-A arrears-only, but the NCP still owes current support to the CP, the NCP must provide verification to ORS that s/he is paying current support directly to the CP.  To be eligible for the forgiveness program the NCP cannot miss even one monthly payment during this time period.

 

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.

 

a.                   When the sixth month payment is received:  Create a worker generated event.  This event must be added AFTER ORS receives the NCP’s six month payment while participating in this program.

b.                   Amend income withholding – After the six months, amend the income withholding order to include the assessed arrears payment.

c.                   Update the self-alert to the following month; and,

d.                   Write a narrative as appropriate to document all of the actions taken on the case(s).

 

2.                   Reassess the arrears payment, if the NCP’s financial situation changes during the last six months of the twelve-month time period pursuant to R527-258-3(6), which states. 

 “The obligor's arrearage payment shall be reassessed by ORS if the obligor's financial situation changes during the 12-month period.” (Emphasis added.)

 

NOTE:  The arrears payments cannot be pre-paid.  The NCP must make six consecutive months or arrears payments.

 

3.                   Twelfth Month Payment – After the last payment is received: Create a worker generated event.  This event must be added AFTER ORS receives the NCP’s twelfth month payment while participating in this program.

 

4.                   Adjust the IV-A arrears debt – If the NCP has successfully made all required payments (e.g., the full current support and one dollar ($1.00) towards the arrears payment for six consecutive months and current support and an assessed arrears payment for an additional six consecutive months for a total of twelve consecutive months), adjust the IV-A arrears debt to remove the remaining arrears that accrued during the most recent incarceration. 

 

5.                   Write a case narrative as appropriate to document all actions taken on the case including the reason you are adjusting the debt balance.

 

6.                   Proceed with full enforcement on the case as appropriate.

 

 

Procedures for Discharge of Arrears

 

If the NCP pays the current support and the assessed arrears amount 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 ORS 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 occurred while the NCP was incarcerated, belongs to the CP, the CP must authorize a discharge of those arrears; otherwise the debts to the CP are 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 Unreimbursed Public Assistance (URA) has been calculated and there is no support exceeding the grant funds owed to the CP. 

 

If the NCP has missed a payment or paid late during the twelve-month consecutive time period, do not discharge his/her arrears.  If all payments were successfully met according to the terms of R527-258, complete the following:

 

1.                   Adjust the arrears debt.

 

2.                   Write a case narrative – Document all actions taken on the case and the reason you are adjusting the debt balance.

 

3.                   Amend income withholding – After the twelve months, amend the income withholding and proceed with full enforcement on the case as appropriate.