PAYMENT METHODS
CS 707P Special
Circumstances: Individuals Participating in Mental Health or Substance
Abuse Treatment programs
02/12/01
Revised 03/03/22 Training Completed 03/17/22 Last Reviewed 09/03/25
Introduction
Mental illness and/or substance
abuse can be a barrier to a noncustodial parent’s (NCP) ability to maintain
regular employment and provide support for his or her children. It is usually in the best interests of the child(ren)
for the NCP to receive the necessary treatment recommended by health care
professionals. The Office of Recovery
Services/Child Support Services (ORS/CSS) will continue to attempt to collect
the NCP’s current support obligation while s/he is in a treatment program. However, if the NCP is participating in a
licensed mental health and/or substance abuse treatment program, either on an
in-patient or out-patient basis, CSS will utilize special procedures in
handling the collection of past-due support that may be owed on the NCP’s
case(s).
NOTE: The procedures in this policy apply to both
IV-A and Non-IV-A cases. The policy does
not apply to group or family counseling, which may be administered through a
private provider, mental health facility, or a Division of Child and Family
Services (DCFS) Program.
Statutory Authority
Utah
Administrative Rule R527-258 states:
R527-258-4. Collection from an Obligor in a Treatment
Program:
“(1) If the obligor is in an in-patient,
licensed mental health or substance abuse treatment program for 30 days or
more, no collection or enforcement action will be taken to collect the past-due
support debt during of the in-patient treatment.
(2) If the obligor is in an
in-patient, licensed mental health or substance abuse treatment program and
notifies ORS, or ORS is made aware of the release within 30 days of the release
date, ORS will only collect current support and $1 toward the past-due support
debt for six months after the in-patient program release date.
(3) If the obligor is
involved in an out-patient treatment program and notifies ORS, or ORS is made
aware of the treatment within 30 days of the treatment beginning, ORS will only
collect current support and $1 toward the past-due support debt for six months
after:
(a) the obligor's initial
contact with ORS; or
(b) ORS determines that the
individual is involved in an out-patient treatment program.
(4)
ORS will enforce a support order that requires the obligor to provide medical
insurance coverage for the children, if appropriate.”
“(1) The
IV-A past-due support debt that accrued while the obligor was in an in-patient
treatment program may be forgiven one time, if the full monthly current support
payment and the full monthly assessed payment toward the past-due support debt
have been made for 12 consecutive months.
The 12 consecutive month period begins when the obligor has been
released from an in-patient treatment program and the obligor has contacted ORS
to make payment arrangements within the allotted 30 days.
(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 also 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.”
NCP
in an In-Patient Treatment Program
If you learn
about an NCP who is participating in an in-patient treatment program for mental
illness and/or substance abuse for 30 days or more, and the NCP owes past-due
support, do not collect on the past-due support during the time s/he is
undergoing in-patient treatment. For additional information, refer to subsection Avoid Other
Enforcement Action, below. Continue to
collect current support during the time period that the NCP is in an in-patient
treatment program and use income withholding as the collection method if
possible. For additional information on
income withholding, refer to the INCOME WITHHOLDING procedures found in
policy.
Request that
the NCP authorize a letter to ORS/CSS from the facility or a counselor to
verify participation in the treatment program and the terms of the confinement. If a letter is provided, handle it as
documented medical information. If a
letter is not provided, use the best available information to determine what
type of treatment program the NCP is participating in.
If you are
notified that the NCP has been released from the in-patient treatment program
within 30 days of the release date, only collect current support plus $1.00
toward the past-due support for six months after the release date. Collection should be by income withholding,
if available. Personally
give the NCP a copy of the “Payment Schedule Notice to Obligor” letter or mail
it to him/her by first-class mail. Do
not take any additional enforcement or collection action other than medical
support enforcement for the first six months after an NCP has been released
from an in-patient treatment program provided the current support plus $1.00
arrears payments are made each month.
Monitor the
case to determine if the NCP makes all six months current support and $1.00
arrears payments. If all of the required
payments were made each month, assess an arrears payment using the procedures
found in subsection Procedures – Assessing Arrears Payment. Continue to monitor the case for the current
support and the new assessed arrears payment for an additional six months. At the end of the 12 month time period,
review the case and determine if all of the required payments were received for
12 consecutive months and then refer to subsection Discharge of IV-A Arrears
below.
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.
If the NCP
does not make any payment during a month or the current support and arrears
payments were not made for 12 consecutive months, you may proceed with full
enforcement on the case as appropriate, provided the NCP is no longer
participating in a treatment program.
For additional information on enforcement, refer to the ENFORCEMENT
sections of policy.
NCP in an
Out-Patient Treatment Program
If the NCP
is undergoing treatment on an out-patient basis for mental illness or substance
abuse and s/he contacts you within 30 days of entering into the program or you determine
that the NCP is in an out-patient program, only collect current support and
$1.00 toward the past-due support for six months via income withholding, if
available, from the date the NCP first entered into the out-patient treatment
program. Personally
give the NCP a copy of the “Payment Schedule Notice to Obligor” letter or mail
it to him/her by first-class mail. Do
not take any additional enforcement or collection action other than medical
support enforcement for six months from the date the NCP entered the
out-patient treatment program provided the current support plus $1.00 arrears
payments are made each month.
Monitor the
case to determine if the current support and $1.00 arrears payments were
made. If all of the required payments
were made each month, assess an arrears payment using the procedures found in
subsection Procedures – Assessing Arrears Payment below. Continue to monitor the case for the current
support and the new assessed arrears payment for an additional six months. At the end of the 12 months, review the case
and determine if all of the required payments were received for 12 consecutive
months, then refer to subsection Discharge of IV-A Arrears below.
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.
If the NCP
does not make any payment during a month or the current support and arrears
payments were not made for 12 consecutive months, you may proceed with full
enforcement on the case as appropriate, provided the NCP is no longer
participating in a treatment program. For additional information on
enforcement, refer to the ENFORCEMENT sections of policy.
Procedures –
Assessing Arrears Payment
After the
six month time period and prior to commencing any action to collect an
additional amount on the arrears, consider the NCP’s circumstances and consult
with your team manager and, if appropriate, the NCP’s case manager or treatment
worker. The time period for
non-enforcement may be extended when warranted.
For example, if the NCP has no income or assets, you may extend the
non-enforcement period for up to an additional six months, at which time you
will need to again review the NCP’s circumstances. Consult with your management chain (Manager,
Associate Regional Director (ARD), Regional Director (RD), and CSS Director) to
obtain the approval to extend the time period.
Document the rationale in the case narratives and set a follow up date to
review the case again at the appropriate future date.
NOTE: If the NCP has assets, you may consider the
value of the assets in assessing payments.
Arrears
payments cannot be pre-paid. The NCP
must make consecutive monthly payments with the new assessed arrears payment to
continue to be eligible for the forgiveness program. If the NCP makes each assessed arrears
payment for the second six month time period, do not take any additional
collection or enforcement action. If any
portion of the assessed payment is missed or paid late due to the fault of the
NCP (not the employer), do not discharge the IV-A arrears debt. You may “settle” the debt with the NCP at a
discounted lump sum rate, as in other cases that will pay the debt off in full.
For additional information on
discounted settlements, refer to CS 700P-1 Payment in Full at 100% or
Discounted Settlement.
Continue to
collect current support and the NCP’s assessed arrears payment using all
appropriate enforcement and collection remedies.
You may
forgive the NCP’s IV-A arrears which accrued while the NCP was participating in
an in-patient or out-patient treatment
program one time if the NCP pays current support (if applicable) and the
assessed arrears payment for twelve consecutive months. R527-258-5(1) states:
“The IV-A past-due support
debt that accrued while the obligor was in an in-patient treatment program may
be forgiven one time, if the full monthly current support payment and the full
monthly assessed payment toward the past-due support debt have been made for 12
consecutive months. The 12 consecutive
month period begins when the obligor has been released from an in-patient
treatment program and the obligor has contacted ORS to make payment
arrangements within the allotted 30 days.”
NOTE: The
discharge of arrears policy only applies to IV-A arrears. If a portion of the arrears, which accrued
while in an in-patient or out-patient treatment program, was non-IV-A, the
custodial parent (CP) must authorize a discharge of arrears; otherwise, the
arrears will still be owed.