1. (1) A waiver request may be made when:

   1. (a)(i) the order is established and the requesting agency does not intend to waive the child support for both parents; or

      1. (ii) an order has not been established and the requesting agency intends to waive the child support for both parents;
   2. (b) the office collects the child support on behalf of the state; and
   3. (c) child support collections interfere with family reunification efforts or when unpreventable loss of income to the present family creates an undue hardship.
2. (2) A loss of income described in Subsection (1)(c) may include non-payment of child support from the other parent for the children at home, loss of employment, or loss of monthly pension or annuity payments.

3. (3)(a) The requesting agency's caseworker shall initiate the waiver request and forward the request to the caseworker's supervisor, regional director, division director, or a designee for approval.

   1. (i) After a support order has been established, if required, the requesting agency may approve or deny the Good Cause Waiver request at any stage in the request process.

      1. (ii) The supervisor, regional director, division director, or designee described in Subsection (3) may not approve the waiver request when the request proposes actions that are contrary to state or federal law.
   2. (b) Once every level in the requesting agency have approved the waiver, the division director or designee shall send the waiver to the the office director or designee.

4. (4)(a)(i) The office director or designee shall review the waiver request; and

   1. (ii) if appropriate, the office may stop collection efforts and close the child support cases intended to reimburse the state for time in custody.
   2. (b) The office shall notify the caseworker for the requesting agency that the waiver has been processed.
   3. (c) The requesting agency shall notify the family of the final decision.

KEY: child support, custody of children, good cause

Date of Last Change: March 15, 2026

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-6-411; 26B-9; 63G-4-102; 78A-6-104; 78A-6-356; 81-6-104; 81-6-2; 81-6-3; 81-7; R527-200; R527-221-3