Download Zipped Enrolled WP 6.1 SB0064.ZIP 128,563 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 64 Enrolled
AN ACT RELATING TO HUMAN SERVICES; AMENDING STATE'S CHILD SUPPORT
LAWS TO COMPLY WITH FEDERAL REQUIREMENTS OF WELFARE REFORM
LEGISLATION; AMENDING DISTRIBUTION OF SUPPORT ARREARAGES;
PROVIDING SAFEGUARDS FOR CERTAIN INFORMATION; CLARIFYING
NOTIFICATION PROCEDURES; ESTABLISHING A NEW HIRE REGISTRY
WITHIN THE DEPARTMENT OF WORKFORCE SERVICES; AMENDING INCOME
WITHHOLDING LAWS TO LIMIT INVOLVEMENT OF THE OFFICE OF
RECOVERY SERVICES IN NON IV-D CASES; REQUIRING SOCIAL SECURITY
NUMBERS ON CERTAIN GOVERNMENT DOCUMENTS AND AMENDING THE
GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT TO PROTECT
THOSE NUMBERS; AMENDING AND RENUMBERING THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, INCLUDING THE MODIFICATION OF
CERTAIN PRIVILEGES AND IMMUNITIES AVAILABLE BETWEEN SPOUSES;
REPEALING THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT;
REQUIRING LOCATION INFORMATION TO BE UPDATED; AMENDING
PROVISIONS ON GENETIC TESTING; AMENDING PATERNITY
ACKNOWLEDGMENT PROCEDURES; ELIMINATING RIGHT TO A JURY TRIAL
FOR PATERNITY; AMENDING PROCEDURE FOR MODIFYING SUPPORT
ORDERS; EXTENDING IMMUNITY TO PRIVATE ENTITIES FOR PROVIDING
INFORMATION TO THE OFFICE OF RECOVERY SERVICES; AMENDING
PROCEDURES FOR REPORTING PAST-DUE SUPPORT TO CREDIT REPORTING
AGENCIES; AMENDING PROCESS AND PRIORITY FOR APPLYING TAX
REFUND TO PAST-DUE CHILD SUPPORT; AUTHORIZING STATE COURTS TO
SUSPEND DRIVER'S LICENSES, PROFESSIONAL LICENSES, AND
RECREATIONAL LICENSES FOR FAILURE TO COMPLY WITH A SUPPORT OR
VISITATION ORDER; AMENDING CHILD SUPPORT LIEN LAWS; AUTHORIZING
THE OFFICE OF RECOVERY SERVICES TO ESTABLISH AND MAINTAIN AN
AUTOMATED CASE REGISTRY, COLLECT INFORMATION AND TAKE CERTAIN
ENFORCEMENT ACTIONS THROUGH EXPEDITED PROCEDURES, DETERMINE
COMPLIANCE WITH COOPERATION REQUIREMENTS, REQUEST WORK
ACTIVITIES FOR PAST-DUE SUPPORT, AND ENTER INTO ENFORCEMENT
AGREEMENTS WITH INDIAN TRIBES AND FOREIGN COUNTRIES; MAKING
TECHNICAL AND CONFORMING AMENDMENTS; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-2-5, as last amended by Chapter 202, Laws of Utah 1995
30-3-5, as last amended by Chapter 330, Laws of Utah 1995
30-3-5.1, as last amended by Chapter 244, Laws of Utah 1996
30-3-10.6, as last amended by Chapters 62 and 115, Laws of Utah 1989
31A-23-202, as last amended by Chapter 261, Laws of Utah 1989
31A-23-216, as last amended by Chapter 344, Laws of Utah 1995
31A-26-202, as enacted by Chapter 242, Laws of Utah 1985
31A-26-213, as last amended by Chapter 327, Laws of Utah 1990
58-1-301, as renumbered and amended by Chapter 297, Laws of Utah 1993
59-10-529, as last amended by Chapter 1, Laws of Utah 1993, Second Special Session
61-1-4, as last amended by Chapter 161, Laws of Utah 1991
61-2-6, as last amended by Chapter 146, Laws of Utah 1993
62A-11-103, as last amended by Chapter 62, Laws of Utah 1989
62A-11-104, as last amended by Chapter 258, Laws of Utah 1995
62A-11-107, as last amended by Chapter 140, Laws of Utah 1994
62A-11-108, as last amended by Chapter 258, Laws of Utah 1995
62A-11-303, as last amended by Chapter 1, Laws of Utah 1996
62A-11-304.2, as last amended by Chapter 258, Laws of Utah 1995
62A-11-305, as last amended by Chapter 149, Laws of Utah 1996
62A-11-306.1, as last amended by Chapter 140, Laws of Utah 1994
62A-11-307.1, as enacted by Chapter 62, Laws of Utah 1989
62A-11-307.2, as last amended by Chapter 140, Laws of Utah 1994
62A-11-320, as enacted by Chapter 1, Laws of Utah 1988
62A-11-401, as last amended by Chapter 261, Laws of Utah 1993
62A-11-403, as last amended by Chapter 261, Laws of Utah 1993
62A-11-405, as last amended by Chapter 140, Laws of Utah 1994
62A-11-406, as last amended by Chapter 140, Laws of Utah 1994
62A-11-407, as last amended by Chapter 140, Laws of Utah 1994
62A-11-408, as last amended by Chapter 251, Laws of Utah 1990
62A-11-409, as enacted by Chapter 1, Laws of Utah 1988
62A-11-501, as enacted by Chapter 261, Laws of Utah 1993
62A-11-502, as last amended by Chapter 258, Laws of Utah 1995
63-2-302, as last amended by Chapter 195, Laws of Utah 1996
78-3-21, as last amended by Chapter 254, Laws of Utah 1996
78-32-17, as last amended by Chapter 150, Laws of Utah 1996
78-45-2, as last amended by Chapters 118 and 140, Laws of Utah 1994
78-45-7, as last amended by Chapters 118 and 140, Laws of Utah 1994
78-45-7.2, as last amended by Chapter 118, Laws of Utah 1994
78-45a-2, as last amended by Chapter 127, Laws of Utah 1994
78-45a-5, as last amended by Chapter 140, Laws of Utah 1994
78-45a-6.5, as enacted by Chapter 93, Laws of Utah 1988
78-45a-7, as last amended by Chapter 160, Laws of Utah 1992
78-45e-2, as last amended by Chapter 258, Laws of Utah 1995
78-45e-3, as enacted by Chapter 127, Laws of Utah 1994
78-45e-4, as enacted by Chapter 127, Laws of Utah 1994
ENACTS:
23-19-9.1, Utah Code Annotated 1953
26-4-26, Utah Code Annotated 1953
30-3-10.17, Utah Code Annotated 1953
35A-11-101, Utah Code Annotated 1953
35A-11-102, Utah Code Annotated 1953
35A-11-103, Utah Code Annotated 1953
35A-11-104, Utah Code Annotated 1953
35A-11-105, Utah Code Annotated 1953
35A-11-106, Utah Code Annotated 1953
35A-11-107, Utah Code Annotated 1953
35A-11-108, Utah Code Annotated 1953
58-1-504, Utah Code Annotated 1953
61-1-6.5, Utah Code Annotated 1953
61-2-13.5, Utah Code Annotated 1953
62A-11-304.4, Utah Code Annotated 1953
62A-11-304.5, Utah Code Annotated 1953
62A-11-312.5, Utah Code Annotated 1953
62A-11-315.5, Utah Code Annotated 1953
62A-11-320.6, Utah Code Annotated 1953
62A-11-320.7, Utah Code Annotated 1953
62A-11-505, Utah Code Annotated 1953
62A-11-506, Utah Code Annotated 1953
62A-11-507, Utah Code Annotated 1953
62A-11-508, Utah Code Annotated 1953
62A-11-509, Utah Code Annotated 1953
62A-11-510, Utah Code Annotated 1953
62A-11-511, Utah Code Annotated 1953
78-45-7.22, Utah Code Annotated 1953
78-45a-11.5, Utah Code Annotated 1953
78-45f-316, Utah Code Annotated 1953
78-45f-502, Utah Code Annotated 1953
78-45f-503, Utah Code Annotated 1953
78-45f-504, Utah Code Annotated 1953
78-45f-505, Utah Code Annotated 1953
78-45f-506, Utah Code Annotated 1953
78-45f-613, Utah Code Annotated 1953
78-45f-614, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
35A-8-108, (Renumbered from 62A-9-121, as last amended by Chapter 258, Laws of Utah
1995)
78-45f-100, (Renumbered from 77-31a-100, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-101, (Renumbered from 77-31a-101, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-102, (Renumbered from 77-31a-102, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-103, (Renumbered from 77-31a-103, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-201, (Renumbered from 77-31a-201, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-202, (Renumbered from 77-31a-202, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-203, (Renumbered from 77-31a-203, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-204, (Renumbered from 77-31a-204, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-205, (Renumbered from 77-31a-205, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-206, (Renumbered from 77-31a-206, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-207, (Renumbered from 77-31a-207, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-208, (Renumbered from 77-31a-208, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-209, (Renumbered from 77-31a-209, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-301, (Renumbered from 77-31a-301, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-302, (Renumbered from 77-31a-302, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-303, (Renumbered from 77-31a-303, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-304, (Renumbered from 77-31a-304, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-305, (Renumbered from 77-31a-305, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-306, (Renumbered from 77-31a-306, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-307, (Renumbered from 77-31a-307, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-308, (Renumbered from 77-31a-308, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-309, (Renumbered from 77-31a-309, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-310, (Renumbered from 77-31a-310, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-311, (Renumbered from 77-31a-311, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-312, (Renumbered from 77-31a-312, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-313, (Renumbered from 77-31a-313, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-314, (Renumbered from 77-31a-314, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-315, (Renumbered from 77-31a-315, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-317, (Renumbered from 77-31a-317, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-318, (Renumbered from 77-31a-318, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-319, (Renumbered from 77-31a-319, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-401, (Renumbered from 77-31a-401, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-501, (Renumbered from 77-31a-501, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-507, (Renumbered from 77-31a-502, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-601, (Renumbered from 77-31a-601, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-602, (Renumbered from 77-31a-602, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-603, (Renumbered from 77-31a-603, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-604, (Renumbered from 77-31a-604, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-605, (Renumbered from 77-31a-605, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-606, (Renumbered from 77-31a-606, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-607, (Renumbered from 77-31a-607, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-608, (Renumbered from 77-31a-608, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-609, (Renumbered from 77-31a-609, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-610, (Renumbered from 77-31a-610, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-611, (Renumbered from 77-31a-611, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-612, (Renumbered from 77-31a-612, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-701, (Renumbered from 77-31a-701, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-801, (Renumbered from 77-31a-801, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-802, (Renumbered from 77-31a-802, as enacted by Chapter 149, Laws of Utah 1996)
78-45f-901, (Renumbered from 77-31a-901, as enacted by Chapter 149, Laws of Utah 1996)
REPEALS AND REENACTS:
62A-11-304.1, as enacted by Chapter 62, Laws of Utah 1989
62A-11-320.5, as enacted by Chapter 275, Laws of Utah 1990
62A-11-327, as last amended by Chapter 258, Laws of Utah 1995
62A-11-404, as last amended by Chapter 261, Laws of Utah 1993
62A-11-503, as enacted by Chapter 261, Laws of Utah 1993
62A-11-504, as enacted by Chapter 261, Laws of Utah 1993
78-45a-10, as last amended by Chapter 160, Laws of Utah 1992
REPEALS:
62A-11-304.3, as last amended by Chapter 140, Laws of Utah 1994
62A-11-309, as last amended by Chapter 62, Laws of Utah 1989
62A-11-311, as last amended by Chapter 62, Laws of Utah 1989
62A-11-311.1, as enacted by Chapter 62, Laws of Utah 1989
62A-11-312, as last amended by Chapter 203, Laws of Utah 1988
62A-11-314, as enacted by Chapter 1, Laws of Utah 1988
62A-11-315, as enacted by Chapter 1, Laws of Utah 1988
62A-11-404.5, as last amended by Chapter 261, Laws of Utah 1993
62A-11-412, as last amended by Chapter 261, Laws of Utah 1993
77-31-1, as enacted by Chapter 15, Laws of Utah 1980
77-31-2, as last amended by Chapter 183, Laws of Utah 1990
77-31-3, as enacted by Chapter 15, Laws of Utah 1980
77-31-4, as enacted by Chapter 15, Laws of Utah 1980
77-31-5, as enacted by Chapter 15, Laws of Utah 1980
77-31-6, as last amended by Chapter 38, Laws of Utah 1993
77-31-7, as enacted by Chapter 15, Laws of Utah 1980
77-31-8, as enacted by Chapter 15, Laws of Utah 1980
77-31-9, as enacted by Chapter 15, Laws of Utah 1980
77-31-10, as enacted by Chapter 15, Laws of Utah 1980
77-31-11, as enacted by Chapter 15, Laws of Utah 1980
77-31-12, as last amended by Chapter 183, Laws of Utah 1990
77-31-13, as enacted by Chapter 15, Laws of Utah 1980
77-31-14, as enacted by Chapter 15, Laws of Utah 1980
77-31-15, as enacted by Chapter 15, Laws of Utah 1980
77-31-16, as enacted by Chapter 15, Laws of Utah 1980
77-31-17, as enacted by Chapter 15, Laws of Utah 1980
77-31-18, as enacted by Chapter 15, Laws of Utah 1980
77-31-19, as enacted by Chapter 15, Laws of Utah 1980
77-31-20, as enacted by Chapter 15, Laws of Utah 1980
77-31-21, as enacted by Chapter 15, Laws of Utah 1980
77-31-22, as enacted by Chapter 15, Laws of Utah 1980
77-31-23, as enacted by Chapter 15, Laws of Utah 1980
77-31-24, as enacted by Chapter 15, Laws of Utah 1980
77-31-25, as enacted by Chapter 15, Laws of Utah 1980
77-31-26, as enacted by Chapter 15, Laws of Utah 1980
77-31-27, as enacted by Chapter 15, Laws of Utah 1980
77-31-28, as enacted by Chapter 15, Laws of Utah 1980
77-31-29, as enacted by Chapter 15, Laws of Utah 1980
77-31-30, as enacted by Chapter 15, Laws of Utah 1980
77-31-31, as enacted by Chapter 15, Laws of Utah 1980
77-31-32, as last amended by Chapter 20, Laws of Utah 1995
77-31-33, as enacted by Chapter 15, Laws of Utah 1980
77-31-34, as enacted by Chapter 15, Laws of Utah 1980
77-31-35, as enacted by Chapter 15, Laws of Utah 1980
77-31-36, as enacted by Chapter 15, Laws of Utah 1980
77-31-37, as enacted by Chapter 15, Laws of Utah 1980
77-31-38, as enacted by Chapter 15, Laws of Utah 1980
77-31-39, as enacted by Chapter 15, Laws of Utah 1980
77-31a-203.5, as enacted by Chapter 149, Laws of Utah 1996
78-25-18, as enacted by Chapter 46, Laws of Utah 1955
78-25-19, as enacted by Chapter 46, Laws of Utah 1955
78-25-20, as enacted by Chapter 46, Laws of Utah 1955
78-25-21, as last amended by Chapter 257, Laws of Utah 1969
78-25-22, as enacted by Chapter 46, Laws of Utah 1955
78-25-23, as enacted by Chapter 46, Laws of Utah 1955
78-45a-8, as enacted by Chapter 158, Laws of Utah 1965
78-45a-9, as enacted by Chapter 158, Laws of Utah 1965
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 23-19-9.1 is enacted to read:
23-19-9.1. Court-ordered action against a license.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued
under this chapter if so ordered by a court.
Section 2. Section 26-2-5 is amended to read:
26-2-5. Birth certificates -- Execution and registration requirements.
(1) As used in this section, "birthing facility" means a general acute hospital or birthing
center as defined in Section 26-21-2.
(2) For each live birth occurring in the state, a certificate shall be filed with the local registrar
for the district in which the birth occurred within ten days following the birth. The certificate shall
be registered if it is completed and filed in accordance with this chapter.
(3) (a) For each live birth that occurs in a birthing facility, the administrator of the birthing
facility, or his designee, shall obtain and enter the information required under this chapter on the
certificate, securing the required signatures, and filing the certificate.
(b) (i) The date, time, place of birth, and required medical information shall be certified by
the birthing facility administrator or his designee.
(ii) The attending physician or nurse midwife may sign the certificate, but if the attending
physician or nurse midwife has not signed the certificate within seven days of the date of birth, the
birthing facility administrator or his designee shall enter the attending physician's or nurse midwife's
name and transmit the certificate to the local registrar.
(iii) The information on the certificate about the parents shall be provided and certified by
the mother or father or, in their incapacity or absence, by a person with knowledge of the facts.
(4) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
administrator or director of that facility, or his designee, shall:
(i) provide the birth mother and biological father with a voluntary declaration of paternity
form published by the state registrar;
(ii) provide oral and written notice to the birth mother and biological father of the
alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing
the declaration;
[
Section 78-45e-3;
[
mother and biological father have signed a voluntary declaration of paternity or a court or
administrative agency has issued an adjudication of paternity; and
[
(b) The state registrar shall file the information provided on the voluntary declaration of
paternity form with the original birth certificate and may provide certified copies of the declaration
of paternity as otherwise provided under Title 78, Chapter 45e, Voluntary Declaration of Paternity
Act.
(5) (a) For live births that occur outside a birthing facility, the certificate shall be completed
and filed by the physician, nurse, midwife, or other person primarily responsible for providing
assistance to the mother at the birth. If there is no such person, the father shall complete and file the
certificate. In his absence, the mother shall complete and file the certificate, and in the event of her
death or disability, the owner or operator of the premises where the birth occurred shall do so.
(b) The certificate shall be completed as fully as possible and shall include the date, time,
and place of birth, the mother's name, and the signature of the person completing the certificate.
(6) (a) The state registrar shall publish a form for the voluntary declaration of paternity, a
description of the process for filing a voluntary declaration of paternity, and of the rights and
responsibilities established or effected by that filing, in accordance with Title 78, Chapter 45e,
Voluntary Declaration of Paternity Act.
(b) Information regarding the form and services related to voluntary paternity establishment
shall be made available to birthing facilities and to any other entity or individual upon request.
(7) The name of a father may only be included on the birth certificate of a child of unmarried
parents if:
(a) the mother and father have signed a voluntary declaration of paternity; or
(b) a court or administrative agency has issued an adjudication of paternity.
(8) Voluntary declarations of paternity and adjudications of paternity by judicial or
administrative agencies shall be filed with and maintained by the state registry for the purpose of
comparing information with the state case registry maintained by the Office of Recovery Services
pursuant to Section 62A-11-104.
Section 3. Section 26-4-26 is enacted to read:
26-4-26. Social security number in certification of death.
A certification of death shall include, if known, the social security number of the deceased
person, and a copy of the certification shall be sent to the Office of Recovery Services within the
Department of Human Services upon request.
Section 4. Section 30-3-5 is amended to read:
30-3-5. Disposition of property -- Maintenance and health care of parties and children
-- Division of debts -- Court to have continuing jurisdiction -- Custody and visitation --
Determination of alimony -- Nonmeritorious petition for modification.
(1) When a decree of divorce is rendered, the court may include in it equitable orders relating
to the children, property, debts or obligations, and parties. The court shall include the following in
every decree of divorce:
(a) an order assigning responsibility for the payment of reasonable and necessary medical
and dental expenses of the dependent children;
(b) if coverage is or becomes available at a reasonable cost, an order requiring the purchase
and maintenance of appropriate health, hospital, and dental care insurance for the dependent
children;
(c) pursuant to Section 15-4-6.5:
(i) an order specifying which party is responsible for the payment of joint debts, obligations,
or liabilities of the parties contracted or incurred during marriage;
(ii) an order requiring the parties to notify respective creditors or obligees, regarding the
court's division of debts, obligations, or liabilities and regarding the parties' separate, current
addresses; and
(iii) provisions for the enforcement of these orders; and
(d) provisions for income withholding in accordance with Title 62A, Chapter 11, [
[
(2) The court may include, in an order determining child support, an order assigning
financial responsibility for all or a portion of child care expenses incurred on behalf of the dependent
children, necessitated by the employment or training of the custodial parent. If the court determines
that the circumstances are appropriate and that the dependent children would be adequately cared
for, it may include an order allowing the noncustodial parent to provide child care for the dependent
children, necessitated by the employment or training of the custodial parent.
(3) The court has continuing jurisdiction to make subsequent changes or new orders for the
custody of the children and their support, maintenance, health, and dental care, and for distribution
of the property and obligations for debts as is reasonable and necessary.
(4) (a) In determining visitation rights of parents, grandparents, and other members of the
immediate family, the court shall consider the best interest of the child.
(b) Upon a specific finding by the court of the need for peace officer enforcement, the court
may include in an order establishing a visitation schedule a provision, among other things,
authorizing any peace officer to enforce a court ordered visitation schedule entered under this
chapter.
(5) If a petition for modification of child custody or visitation provisions of a court order is
made and denied, the court shall order the petitioner to pay the reasonable attorneys' fees expended
by the prevailing party in that action, if the court determines that the petition was without merit and
not asserted or defended against in good faith.
(6) If a petition alleges substantial noncompliance with a visitation order by a parent, a
grandparent, or other member of the immediate family pursuant to Section 78-32-12.2 where a
visitation right has been previously granted by the court, the court may award to the prevailing party
costs, including actual attorney fees and court costs incurred by the prevailing party because of the
other party's failure to provide or exercise court-ordered visitation.
(7) (a) The court shall consider at least the following factors in determining alimony:
(i) the financial condition and needs of the recipient spouse;
(ii) the recipient's earning capacity or ability to produce income;
(iii) the ability of the payor spouse to provide support; and
(iv) the length of the marriage.
(b) The court may consider the fault of the parties in determining alimony.
(c) As a general rule, the court should look to the standard of living, existing at the time of
separation, in determining alimony in accordance with Subsection (a). However, the court shall
consider all relevant facts and equitable principles and may, in its discretion, base alimony on the
standard of living that existed at the time of trial. In marriages of short duration, when no children
have been conceived or born during the marriage, the court may consider the standard of living that
existed at the time of the marriage.
(d) The court may, under appropriate circumstances, attempt to equalize the parties'
respective standards of living.
(e) When a marriage of long duration dissolves on the threshold of a major change in the
income of one of the spouses due to the collective efforts of both, that change shall be considered
in dividing the marital property and in determining the amount of alimony. If one spouse's earning
capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court
may make a compensating adjustment in dividing the marital property and awarding alimony.
(f) In determining alimony when a marriage of short duration dissolves, and no children have
been conceived or born during the marriage, the court may consider restoring each party to the
condition which existed at the time of the marriage.
(g) (i) The court has continuing jurisdiction to make substantive changes and new orders
regarding alimony based on a substantial material change in circumstances not [
foreseeable at the time of the divorce.
(ii) The court may not modify alimony or issue a new order for alimony to address needs of
the recipient that did not exist at the time the decree was entered, unless the court finds extenuating
circumstances that justify that action.
(iii) In determining alimony, the income of any subsequent spouse of the payor may not be
considered, except as provided in this subsection.
(A) The court may consider the subsequent spouse's financial ability to share living
expenses.
(B) The court may consider the income of a subsequent spouse if the court finds that the
payor's improper conduct justifies that consideration.
(h) Alimony may not be ordered for a duration longer than the number of years that the
marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
circumstances that justify the payment of alimony for a longer period of time.
(8) Unless a decree of divorce specifically provides otherwise, any order of the court that
a party pay alimony to a former spouse automatically terminates upon the remarriage of that former
spouse. However, if the remarriage is annulled and found to be void ab initio, payment of alimony
shall resume if the party paying alimony is made a party to the action of annulment and his rights
are determined.
(9) Any order of the court that a party pay alimony to a former spouse terminates upon
establishment by the party paying alimony that the former spouse is cohabitating with another
person.
Section 5. Section 30-3-5.1 is amended to read:
30-3-5.1. Provision for income withholding in child support order.
Whenever a court enters an order for child support, it shall include in the order a provision
for withholding income as a means of collecting child support as provided in Title 62A, Chapter 11,
[
Section 6. Section 30-3-10.6 is amended to read:
30-3-10.6. Payment under child support order -- Judgment.
(1) Each payment or installment of child or spousal support under any child support order,
as defined by [
(a) a judgment with the same attributes and effect of any judgment of a district court, except
as provided in Subsection (2);
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and
(c) not subject to retroactive modification by this or any other jurisdiction, except as
provided in Subsection (2).
(2) A child or spousal support payment under a child support order may be modified with
respect to any period during which a petition for modification is pending, but only from the date
notice of that petition was given to the obligee, if the obligor is the petitioner, or to the obligor, if
the obligee is the petitioner.
(3) For purposes of this section, "jurisdiction" means a state or political subdivision, a
territory or possession of the United States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(4) The judgment provided for in Subsection (1)(a), to be effective and enforceable as a lien
against the real property interest of any third party relying on the public record, shall be docketed
in the district court in accordance with Sections 78-22-1 and [
Section 7. Section 30-3-10.17 is enacted to read:
30-3-10.17. Social security number in court records.
The social security number of any individual who is subject to a divorce decree, support
order, or paternity determination or acknowledgment shall be placed in the records relating to the
matter.
Section 8. Section 31A-23-202 is amended to read:
31A-23-202. Application for license.
(1) The application for a license as an agent, a broker, or a consultant shall be made to the
commissioner on forms and in a manner he prescribes. The application shall provide information
about the applicant's identity, social security number, personal history, experience, education,
business record, and any other information the commissioner reasonably requires.
(2) An applicant's social security number is a private record under Subsection
63-2-302(1)(g).
Section 9. Section 31A-23-216 is amended to read:
31A-23-216. Termination of license.
(1) A license issued under this chapter remains in force until:
(a) revoked, suspended, or limited under Subsection (2);
(b) lapsed under Subsection (3);
(c) surrendered to and accepted by the commissioner; or
(d) the licensee dies or is adjudicated incompetent as defined under Title 75, Chapter 5, Part
3, Guardians of Incapacitated Persons or Part 4, Protection of Property of Persons Under Disability
and Minors.
(2) (a) After an adjudicative proceeding under Title 63, Chapter 46b, Administrative
Procedures Act, the commissioner may revoke, suspend, or limit in whole or in part the license of
any agent, broker, surplus lines broker, or consultant who is found:
(i) to be unqualified;
(ii) to have violated an insurance statute, valid rule under Subsection 31A-2-201 (3), or a
valid order under Subsection 31A-2-201 (4); or
(iii) if the licensee's methods and practices in the conduct of business endanger the legitimate
interests of customers and the public.
(b) Every order suspending a license issued under this chapter shall specify the period for
which the suspension is effective, but in no event may the period exceed 12 months.
(3) Any license issued under this chapter shall lapse if the licensee fails to pay when due a
fee under Section 31A-3-103. The commissioner shall by rule prescribe the license renewal and
reinstatement procedures, in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.
(4) A licensee under this chapter whose license is suspended, revoked, or lapsed, but who
continues to act as a licensee, is subject to the penalties for acting as a licensee without a license.
(5) Any person licensed in this state shall immediately report to the commissioner:
(a) a suspension or revocation of that person's license in any other state, District of
Columbia, or territory of the United States;
(b) the imposition of a disciplinary sanction imposed on that person by any other state,
District of Columbia, or territory of the United States; and
(c) a judgment or injunction entered against that person on the basis of conduct involving
fraud, deceit, misrepresentation, or violation of an insurance law or rule.
(6) An order revoking a license under Subsection (2) may specify a time, not to exceed five
years, within which the former licensee may not apply for a new license. If no time is specified, the
former licensee may not apply for a new license for five years without express approval by the
commissioner.
(7) Any person whose license is suspended or revoked under Subsection (2) shall, when the
suspension ends or a new license is issued, pay all fees that would have been payable if the license
had not been suspended or revoked, unless the commissioner by order waives the payment of the
interim fees. If a new license is issued more than three years after the revocation of a similar license,
this subsection applies only to the fees that would have accrued during the three years immediately
following the revocation.
(8) The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
issued under this part if so ordered by a court.
Section 10. Section 31A-26-202 is amended to read:
31A-26-202. Application for license.
(1) (a) The application for a license as an independent adjuster or public adjuster shall be
made to the commissioner on forms and in a manner he prescribes. The application shall provide
information about the identity, social security number, personal history, experience, education,
business record, and any other information as the commissioner reasonably requires.
(b) An applicant's social security number is a private record under Subsection
63-2-302(1)(g).
(2) Insurance adjusters' licenses issued under former Title 31 remain in effect until their
expiration date, but they are subject to any requirement or limitation generally imposed under this
title on similar licenses issued after July 1, 1986. Upon timely payment of the license continuation
fee under Section 31A-3-103, the commissioner shall issue to adjusters licensed under the former
title new licenses conforming to the provisions of this title and rules adopted under it.
Section 11. Section 31A-26-213 is amended to read:
31A-26-213. Termination of license.
(1) A license issued under this chapter remains in force until:
(a) revoked, suspended, or limited under Subsection (2);
(b) lapsed under Subsection (3);
(c) surrendered to and accepted by the commissioner; or
(d) the licensee dies or is adjudicated incompetent as defined under Title 75, Chapter 5, Part
3 or 4.
(2) After a hearing, the commissioner may revoke, suspend, or limit in whole or in part the
license of any person licensed under this chapter whom the commissioner finds is unqualified for
his license or who has violated an insurance statute, valid rule under Subsection 31A-2-201 (3), or
a valid order under Subsection 31A-2-201 (4), or if the licensee's methods and practices in the
conduct of business endanger the legitimate interests of customers and the public. Every order
suspending a license issued under this chapter shall specify the period for which the suspension is
to be effective, but in no event may the period exceed 12 months.
(3) Any license issued under this chapter lapses if the licensee fails to pay when due any fee
under Section 31A-3-103. The commissioner shall by rule prescribe the license renewal and
reinstatement procedures, in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.
(4) A licensee under this chapter whose license is suspended, revoked, or lapsed, but who
continues to act as a licensee, is subject to the penalties for conducting an insurance business without
a license.
(5) An order revoking a license under Subsection (2) may specify a time not to exceed five
years within which the former licensee may not apply for a new license. If no time is specified, the
former licensee may not apply for a new license for five years without the express approval of the
commissioner.
(6) Any person whose license is suspended or revoked under Subsection (2) shall, when the
suspension ends or a new license is issued, pay all fees that would have been payable if the license
had not been suspended or revoked, unless the commissioner by order waives the payment of the
interim fees. If a new license is issued more than three years after the revocation of a similar license,
this subsection applies only to the fees that would have accrued during the three years immediately
following the revocation.
(7) The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
issued under this part if so ordered by a court.
Section 12. Section 35A-8-108, which is renumbered from Section 62A-9-121 is renumbered
and amended to read:
[
(1) (a) The department shall obtain an assignment of support from each applicant or recipient
regardless of whether the payment is court ordered.
(b) Any right to support from any other person that has accrued at the time the assignment
is executed and that will accrue during receipt of assistance or, if none is executed, at the time of
application for assistance, passes to the department upon the receipt of assistance, even if the
recipient has not executed and delivered an assignment to the department.
(c) The right to support described in Subsection (b) includes a right to support in the
applicant's or recipient's own behalf or in behalf of any family member for whom the applicant or
recipient is applying for or receiving assistance.
(d) (i) An assignment of support is presumed when a child is residing outside of his home
in the protective custody, temporary custody, custody, or care of the state for at least 30 days.
(ii) By operation of law, the department has the right to receive the support a parent receives
for the child in the state's care and custody as described in Subsection (1)(d)(i).
(iii) The Office of Recovery Services is the payee for the department under Subsection
(1)(d)(ii).
(2) An assignment of support or a passing of rights by operation of law includes payments
ordered, decreed, or adjudged by any court within this state, any other state, or territory of the United
States and is not in lieu of, and shall not supersede or alter, any other court order, decree, or
judgment.
(3) When an assignment is executed or the right to support passes to the department by
operation of law, the applicant or recipient is entitled to regular monthly assistance and the support
paid the department is a refund.
(4) All sums refunded, except any amount which is required to be credited to the federal
government, shall be [
(5) On and after the date a family stops receiving cash assistance, an assignment of support
under Subsection (1) shall not apply to any support that accrued before the family received such
assistance if the department has not collected the support by:
(a) September 30, 2000, if the assignment is executed on or after October 1, 1997, and before
October 1, 2000; or
(b) the date the family stops receiving cash assistance, if the assignment is executed on or
after October 1, 2000.
(6) The department shall distribute arrearages to families in accordance with the Social
Security Act, 42 U.S.C. Sec. 657.
(7) The total amount of child support assigned to the department and collected under this
section may not exceed the total amount of cash assistance received by the recipient.
Section 13. Section 35A-11-101 is enacted to read:
35A-11-101. Title.
This chapter is known as the "Centralized New Hire Registry Act."
Section 14. Section 35A-11-102 is enacted to read:
35A-11-102. Definitions.
As used in this chapter:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Compensation" means payment owed by an employer for labor or services rendered by
an employee.
(3) "Date of hire" means the earlier of:
(a) the first day for which the employee is owed compensation by the employer; or
(b) the first day that an employee reports to work or performs labor or services for the
employer.
(4) "Date of rehire" means the earlier of:
(a) the first day for which the employee is owed compensation by the employer following
an unpaid absence of a minimum of six consecutive weeks; or
(b) the first day that an employee reports to work or performs labor or services for the
employer following an unpaid absence of a minimum of six consecutive weeks.
(5) "Employee" means an individual who is an employee within the meaning of Chapter 24
of the Internal Revenue Code of 1986 and does not include an employee of a federal or state agency
performing intelligence or counterintelligence functions, if the head of that agency determines that
reporting the employee could endanger the safety of the employee or compromise an ongoing
investigation or intelligence mission.
(6) "Employer" means any person or entity who or which is an employer as defined in
Section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any
labor organization.
(7) "Labor organization" means any entity as defined in Section 2(5) of the National Labor
Relations Act, and includes any entity or hiring hall which is used by agreement between the
organization and an employer to carry out requirements described in Section 8(f)(3) of the National
Labor Relations Act.
(8) "Office of Recovery Services" means the state's Title IV-D child support enforcement
agency.
(9) "Registry" means the centralized new hire registry created in Section 35A-11-103.
Section 15. Section 35A-11-103 is enacted to read:
35A-11-103. Establishment of registry.
(1) (a) The Department of Workforce Services, through contract with the Office of Recovery
Services, shall establish a centralized new hire registry database for the purpose of receiving and
maintaining information on newly hired or rehired employees.
(b) The database shall be formatted to conduct automatic comparisons as described in
Section 35A-11-105 by October 1, 1997.
(2) Information in the registry will be used to match the employee's employment records
with other databases to allow for the rapid implementation of support orders and verification of
employment status.
Section 16. Section 35A-11-104 is enacted to read:
35A-11-104. Reporting requirements.
(1) An employer who hires or rehires an employee on or after October 1, 1997, shall send
to the department:
(a) the employee's name, address, and social security number; and
(b) the employer's name, address, and federal tax identification number.
(2) An employer shall send the information required by this section to the department:
(a) not later than 20 days after the date the employer hires or rehires the employee; or
(b) if approved by the department, on a semimonthly basis of not less than 12 days nor more
than 16 days apart.
(3) The department shall determine by rule the form and manner for sending the information
required under this section, which may include magnetic, electronic, and voice activated
transmission.
(4) The reporting requirement of this section does not apply to an employer who has
employees in two or more states and sends the information required by this section to a state other
than Utah if in compliance with the Social Security Act, 42 U.S.C. Sec. 453A.
Section 17. Section 35A-11-105 is enacted to read:
35A-11-105. Requirements of the new hire registry.
(1) Within five business days after receiving information described in Section 35A-11-104,
the department shall:
(a) enter the information into the registry;
(b) conduct an automated comparison of the social security numbers reported by employers
and the social security numbers appearing in the records of the Office of Recovery Services
beginning May 1, 1998; and
(c) when an information comparison reveals a positive match between an individual's social
security number and the child support records, provide the following information to the Office of
Recovery Services:
(i) the name, address, and social security number of the individual; and
(ii) the name, address, and federal tax number of the individual's employer.
(2) Beginning May 1, 1998, within two business days after information described in Section
35A-11-104 is entered into the registry, matched, and reported to the Office of Recovery Services,
the Office of Recovery Services shall transmit a notice to the employer directing the employer to
withhold the employee's wages in an amount equal to the employee's monthly or other periodic
support obligation.
(3) Within three business days after information described in Section 35A-11-104 is entered
into the registry, the department shall furnish that information to the National Directory of New
Hires.
(4) The department shall, on a quarterly basis, furnish to the National Directory of New
Hires extracts of the reports required under the Social Security Act, 42 U.S.C. Sec. 303(a)(6), to be
made to the Secretary of Labor concerning the wages and unemployment compensation paid to
individuals by such dates, in such format, and containing such information as specified in federal
regulations.
(5) State agencies operating employment security and workers' compensation programs may
have access to the information in the registry for purposes of administering those programs.
Section 18. Section 35A-11-106 is enacted to read:
35A-11-106. Penalties for failure to report.
(1) An employer who fails to timely report the hiring or rehiring of an employee as required
by this chapter is subject to a civil penalty of:
(a) $25 for each such failure; or
(b) $500 if the failure to report is intentional and is the result of an agreement between the
employer and the employee to not supply the required information, or to supply false or incomplete
information.
(2) The department may assess the penalty by following the procedures and requirements
of Title 63, Chapter 46b, Administrative Procedures Act. The department shall collect any unpaid
civil penalty in the same manner as provided for other penalties under Subsections 35A-4-305(3) and
(5).
Section 19. Section 35A-11-107 is enacted to read:
35A-11-107. Use and access to the registry records.
(1) (a) The records of the registry shall be maintained as private records under Section
63-2-202.
(b) In addition to those persons granted access to private records under Sections 63-2-202
and 63-2-206, state or federal agencies may access data from the registry for the following purposes:
(i) the Office of Recovery Services for use related to locating, establishing, and enforcing
child, medical, and spousal support obligations and other services;
(ii) state agencies which use financial information in determining eligibility for public
assistance programs; and
(iii) federal agencies responsible for periodic matches of new hire registry information with
federal data bases.
(2) Information that is received under this chapter shall be kept by the department for at least
six months.
Section 20. Section 35A-11-108 is enacted to read:
35A-11-108. Authorization to contract for services and collect funds.
(1) The department may contract for services to assist with the implementation of this
chapter.
(2) The department, through contract with the Office of Recovery Services, may collect fees
from state and federal agencies for performing data comparisons in accordance with Section
35A-4-106.
Section 21. Section 58-1-301 is amended to read:
58-1-301. License application -- Licensing procedure.
(1) (a) Each license applicant shall apply to the division in writing upon forms available
from the division. Each completed application shall contain documentation of the particular
qualifications required of the applicant, shall include the applicant's social security number, shall be
verified by the applicant, and shall be accompanied by the appropriate fees.
(b) An applicant's social security number is a private record under Subsection
63-2-302(1)(g).
(2) (a) A license shall be issued to an applicant who submits a complete application if the
division determines that the applicant meets the qualifications of licensure.
(b) A written notice of additional proceedings shall be provided to an applicant who submits
a complete application, but who has been, is, or will be placed under investigation by the division
for conduct directly bearing upon his qualifications for licensure, if the outcome of additional
proceedings is required to determine the division's response to the application.
(c) A written notice of denial of licensure shall be provided to an applicant who submits a
complete application if the division determines that the applicant does not meet the qualifications
of licensure.
(d) A written notice of incomplete application and conditional denial of licensure shall be
provided to an applicant who submits an incomplete application. This notice shall advise the
applicant that the application is incomplete and that the application is denied, unless the applicant
corrects the deficiencies within the time period specified in the notice and otherwise meets all
qualifications for licensure.
(3) Before any person is issued a license under this title, all requirements for that license as
established under this title and by rule shall be met.
(4) If all requirements are met for the specific license, the division shall issue the license.
Section 22. Section 58-1-504 is enacted to read:
58-1-504. Court-ordered discipline.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued
under this title if so ordered by a court.
Section 23. Section 59-10-529 is amended to read:
59-10-529. Overpayment of tax -- Credits -- Refunds.
(1) In cases where there has been an overpayment of any tax imposed by this chapter, the
amount of overpayment is credited as follows:
(a) against any income tax then due from the taxpayer;
(b) against:
(i) the amount of any judgment against the taxpayer, including one ordering the payment of
a fine or of restitution to a victim under Section 76-3-201, obtained through due process of law by
any entity of state government; or
[
Office of Recovery Services in the Department of Human Services[
as provided in Subsection (2);
[
resolve an outstanding warrant against the taxpayer for which bail is due, if a court of competent
jurisdiction has not approved an alternative form of payment. This bail may be applied to any fine
or forfeiture which is due and related to a warrant which is outstanding on or after February 16,
1984, and in accordance with Subsections (3) and (4).
(2) (a) Subsection (1)[
[
stating:
(i) the amount of child support [
date of the notice or other specified date; [
(ii) that [
past-due child support [
(iii) that the taxpayer may contest the amount of past-due child support specified in the
notice by filing a written request for an adjudicative proceeding with the office within 15 days of the
notice being sent.
(b) If an overpayment of tax is credited against a [
obligation in accordance with Subsection (1)[
the Office of Recovery Services shall inform the [
advance if it will first use any portion of the overpayment to satisfy unreimbursed [
assistance or foster care maintenance payments which have been provided to that family.
(c) The Department of Human Services shall establish rules to implement this subsection,
including procedures, in accordance with the other provisions of this section, to ensure prompt
reimbursement to the taxpayer of any amount of an overpayment of taxes which was credited against
a child support obligation in error, and to ensure prompt distribution of properly credited funds to
the [
(3) Subsection (1)[
(a) a court has issued a warrant for the arrest of the taxpayer for failure to post bail, appear,
or otherwise satisfy the terms of a citation, summons, or court order; and
(b) a notice of intent to apply the overpayment as bail on the issued warrant has been mailed
to the person's current address on file with the commission.
(4) (a) The commission shall deliver the overpayment applied as bail to the court that issued
the warrant of arrest. The clerk of the court is authorized to endorse the check or commission
warrant of payment on behalf of the payees and deposit the monies in the court treasury.
(b) The court receiving the overpayment applied as bail shall order withdrawal of the warrant
for arrest of the taxpayer if the case is one for which a personal appearance of the taxpayer is not
required and if the dollar amount of the overpayment represents the full dollar amount of bail. In
all other cases, the court receiving the overpayment applied as bail is not required to order the
withdrawal of the warrant of arrest of the taxpayer during the 40-day period, and the taxpayer may
be arrested on the warrant. However, the bail amount shall be reduced by the amount of tax
overpayment received by the court.
(c) If the taxpayer fails to respond to the notice described in Subsection (3), or to resolve the
warrant within 40 days after the mailing under that subsection, the overpayment applied as bail is
forfeited and notice of the forfeiture shall be mailed to the taxpayer at the current address on file with
the commission. The court may then issue another warrant or allow the original warrant to remain
in force if:
(i) the taxpayer has not complied with an order of the court;
(ii) the taxpayer has failed to appear and respond to a criminal charge for which a personal
appearance is required; or
(iii) the taxpayer has paid partial but not full bail in a case for which a personal appearance
is not required.
(5) If the alleged violations named in the warrant are later resolved in favor of the taxpayer,
the bail amount shall be remitted to the taxpayer.
(6) Any balance shall be refunded immediately to the taxpayer.
(7) (a) If a refund or credit is due because the amount of tax deducted and withheld from
wages exceeds the actual tax due, no refund or credit may be made or allowed unless the taxpayer
or his legal representative files with the commission a tax return claiming the refund or credit:
(i) within three years from the due date of the return, plus the period of any extension of time
for filing the return; or
(ii) within two years from the date the tax was paid, whichever period is later.
(b) In other instances where a refund or credit of tax which has not been deducted and
withheld from income is due, no credit or refund may be allowed or made after three years from the
time the tax was paid, unless, before the expiration of the period, a claim is filed by the taxpayer or
his legal representative.
(8) The fine and bail forfeiture provisions of this section apply to all warrants and fines
issued in cases charging the taxpayer with a felony, a misdemeanor, or an infraction described in this
section which are outstanding on or after February 16, 1984.
(9) If the amount allowable as a credit for tax withheld from the taxpayer exceeds the tax
to which the credit relates, the excess is considered an overpayment.
(10) A claim for credit or refund of an overpayment which is attributable to the application
to the taxpayer of a net operating loss carryback shall be filed within three years from the time the
return was due for the taxable year of the loss.
(11) If there has been an overpayment of the tax which is required to be deducted and
withheld under Section 59-10-402, a refund shall be made to the employer only to the extent that the
amount of overpayment was not deducted and withheld by the employer.
(12) If there is no tax liability for a period in which an amount is paid as income tax, the
amount is an overpayment.
(13) If an income tax is assessed or collected after the expiration of the applicable period of
limitation, that amount is an overpayment.
(14) (a) If a taxpayer is required to report a change or correction in federal taxable income
reported on his federal income tax return, or to report a change or correction which is treated in the
same manner as if it were an overpayment for federal income tax purposes, or to file an amended
return with the commission, a claim for credit or refund of any resulting overpayment of tax shall
be filed by the taxpayer within two years from the date the notice of the change, correction, or
amended return was required to be filed with the commission.
(b) If the report or amended return is not filed within 90 days, interest on any resulting
refund or credit ceases to accrue after the 90-day period.
(c) The amount of the credit or refund may not exceed the amount of the reduction in tax
attributable to the federal change, correction, or items amended on the taxpayer's amended federal
income tax return.
(d) Except as specifically provided, this section does not affect the amount or the time within
which a claim for credit or refund may be filed.
(15) No credit or refund may be allowed or made if the overpayment is less than $1.
(16) The amount of the credit or refund may not exceed the tax paid during the three years
immediately preceding the filing of the claim, or if no claim is filed, then during the three years
immediately preceding the allowance of the credit or refund.
(17) In the case of an overpayment of tax by the employer under the withholding provisions
of this chapter, a refund or credit shall be made to the employer only to the extent that the amount
of the overpayment was not deducted and withheld from wages under the provisions of this chapter.
(18) If a taxpayer who is entitled to a refund under this chapter dies, the commission may
make payment to the duly appointed executor or administrator of the taxpayer's estate. If there is
no executor or administrator, payment may be made to those persons who establish entitlement to
inherit the property of the decedent in the proportions set out in Title 75, Uniform Probate Code.
(19) Where an overpayment relates to adjustments to net income referred to in Subsection
59-10-536 (3)(c), credit may be allowed or a refund paid any time before the expiration of the period
within which a deficiency may be assessed.
(20) An overpayment of a tax imposed by this chapter shall accrue interest at the rate and
in the manner prescribed in Section 59-1-402.
Section 24. Section 61-1-4 is amended to read:
61-1-4. Licensing procedure.
(1) (a) A broker-dealer, agent, investment adviser, or investment adviser representative must
obtain an initial or renewal license by filing with the division or its designee an application together
with a consent to service of process under Section 61-1-26.
(b) (i) The application shall contain the applicant's social security number and whatever
information the division by rule requires concerning such matters as:
[
[
[
broker-dealer or investment adviser, the qualifications and business history of any partner, officer,
or director, any person occupying a similar status or performing similar functions, or any person
directly or indirectly controlling the broker-dealer or investment adviser;
[
a security or any aspect of the securities business and any conviction of a felony; and
[
(ii) An applicant's social security number is a private record under Subsection
63-2-302(1)(g).
(c) The division may, by rule or order, require an applicant for an initial license to publish
an announcement of the application in one or more specified newspapers published in this state.
(d) Licenses of broker-dealers, agents, investment advisers, and investment adviser
representatives shall expire on December 31 of each year.
(e) (i) If no denial order is in effect and no proceeding is pending under Section 61-1-6, a
license becomes effective at noon of the 30th day after an application is filed.
(ii) The division may by rule or order specify an earlier effective date and may by order defer
the effective date until noon of the 30th day after the filing of any amendment.
(iii) Licensing of a broker-dealer automatically constitutes licensing of only one partner,
officer, director, or a person occupying a similar status or performing similar functions as a licensed
agent of the broker-dealer.
(iv) Licensing of an investment adviser automatically constitutes licensing of only one
partner, officer, director, or a person occupying a similar status or performing similar functions.
(2) (a) Every applicant for an initial or renewal license shall pay a reasonable filing fee as
determined under Section 61-1-18.4.
(b) If the license or renewal is not granted or the application is withdrawn, the division shall
retain the fee.
(3) A licensed broker-dealer or investment adviser may file an application for licensing of
a successor for the unexpired portion of the year. There shall be no filing fee.
(4) The division may by rule require a minimum capital for licensed broker-dealers and
establish minimum financial requirements for investment advisers, which may include different
requirements for those investment advisers who maintain custody of or have discretionary authority
over client funds or securities and those investment advisers who do not.
(5) (a) The division may by rule require licensed broker-dealers and investment advisers who
have custody of or discretionary authority over client funds or securities to post surety bonds and
may by rule determine the conditions and the amounts of the bonds.
(b) Any appropriate deposit of cash or securities may be accepted in lieu of any required
bond.
(c) No bond may be required of any licensee whose net capital, or in the case of an
investment adviser whose minimum financial requirements, which may be defined by rule, exceeds
$30,000.
(d) Every bond shall provide for suit on the bond by any person who has a cause of action
under Section 61-1-22 and, if the division by rule or order requires, by any person who has a cause
of action not arising under this chapter.
(e) Every bond shall provide that no suit may be maintained to enforce any liability on the
bond unless brought before the expiration of four years after the act or transaction constituting the
violation or the expiration of two years after the discovery by the plaintiff of the facts constituting
the violation, whichever expires first.
Section 25. Section 61-1-6.5 is enacted to read:
61-1-6.5. Court-ordered discipline.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued
under this chapter if so ordered by a court.
Section 26. Section 61-2-6 is amended to read:
61-2-6. Licensing procedures and requirements.
(1) The Real Estate Commission shall determine the qualifications and requirements of
applicants for a principal broker, associate broker, or sales agent license. The division, with the
concurrence of the commission, shall require and pass upon proof necessary to determine the
honesty, integrity, truthfulness, reputation, and competency of each applicant for an initial license
or for renewal of an existing license. The division, with the concurrence of the commission, shall
require an applicant for a sales agent license to complete an approved educational program not to
exceed 90 hours, and an applicant for an associate broker or principal broker license to complete an
approved educational program not to exceed 120 hours. The hours required by this section mean
50 minutes of instruction in each 60 minutes; and the maximum number of program hours available
to an individual is ten hours per day. The division, with the concurrence of the commission, shall
require the applicant to pass an examination approved by the commission covering the fundamentals
of the English language, arithmetic, bookkeeping, real estate principles and practices, the provisions
of this chapter, the rules established by the Real Estate Commission, and any other aspect of Utah
real estate license law considered appropriate. Three years' full-time experience as a real estate sales
agent or its equivalent is required before any applicant may apply for, and secure a principal broker
or associate broker license in this state. The commission shall establish by rule the criteria by which
it will accept experience or special education in similar fields of business in lieu of the three years'
experience.
(2) (a) The division, with the concurrence of the commission, may require an applicant to
furnish a sworn statement setting forth evidence satisfactory to the division of the applicant's
reputation and competency as set forth by rule.
(b) The division shall require an applicant to provide his social security number, which is
a private record under Subsection 63-2-302(1)(g).
(3) A nonresident principal broker may be licensed in this state by conforming to all the
provisions of this chapter except that of residency. A nonresident associate broker or sales agent
may become licensed in this state by conforming to all the provisions of this chapter except that of
residency and by being employed or engaged as an independent contractor by or on behalf of a
nonresident or resident principal broker who is licensed in this state.
(4) An applicant who has had a real estate license revoked shall be relicensed as prescribed
for an original application, but may not apply for a new license until at least five years after the
revocation. In the case of an applicant for a new license as a principal broker or associate broker,
the applicant is not entitled to credit for experience gained prior to the revocation of license.
Section 27. Section 61-2-13.5 is enacted to read:
61-2-13.5. Court-ordered discipline.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued
under this chapter if so ordered by a court.
Section 28. Section 62A-11-103 is amended to read:
62A-11-103. Definitions.
As used in this part:
(1) "Account" means a demand deposit account, checking or negotiable withdrawal order
account, savings account, time deposit account, or money-market mutual fund account.
[
[
after the deduction of all amounts required by law to be withheld.
[
[
[
[
[
(4) "Financial institution" means:
(a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance
Act, 12 U.S.C. Sec. 1813(c);
(b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12 U.S.C.
Sec. 1813(u);
(c) any federal credit union or state credit union as defined in the Federal Credit Union Act,
12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as defined in 12
U.S.C. Sec. 1786(r);
(d) a broker-dealer as defined in Section 61-1-13; or
(e) any benefit association, insurance company, safe deposit company, money-market mutual
fund, or similar entity authorized to do business in the state.
(5) "Financial record" is defined in the Right to Financial Privacy Act of 1978, 12 U.S.C.
Sec. 3401.
(6) "Income" means earnings, compensation, or other payment due to an individual,
regardless of source, whether denominated as wages, salary, commission, bonus, pay, or contract
payment, or denominated as advances on future wages, salary, commission, bonus, pay, allowances,
contract payment, or otherwise, including severance pay, sick pay, and incentive pay. "Income"
includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through sale
or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policies of
any type;
(d) unemployment compensation benefits;
(e) workers' compensation benefits; and
(f) disability benefits.
(7) "IV-D" means Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq.
(8) "New hire registry" means the centralized new hire registry created in Section
35A-11-103.
[
comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support
or public assistance.
[
money to this state, to an individual, [
behalf this state is acting.
[
[
assistance program for goods or services provided to a public assistance recipient.
[
(a) services or benefits provided under Title 35A, Chapter 8, Employment Support Act;
(b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
(c) foster care maintenance payments under Title IV-E of the Social Security Act;
(d) food stamps; or
(e) any other public funds expended for the benefit of a person in need of financial, medical,
[
(14) "State case registry" means the central, automated record system maintained by the
office that contains records which use standardized data elements, such as names, social security
numbers and other uniform identification numbers, dates of birth, and case identification numbers,
with respect to:
(a) each case in which services are being provided by the office under the IV-D state plan;
and
(b) each support order established or modified in the state on or after October 1, 1998.
Section 29. Section 62A-11-104 is amended to read:
62A-11-104. Duties of office.
The office has the following duties:
(1) to collect child support from an obligor if:
(a) the [
(b) the state has provided public assistance;
(2) to carry out the obligations of the department contained in this chapter[
Chapters 45 [
(3) to recover public assistance provided to persons for which they were ineligible;
(4) to collect money due the department which could act to offset expenditures by the state;
(5) to cooperate with the federal government in programs designed to recover health and
social service funds;
(6) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, and
reimbursable expenses owed to the state or any of its political subdivisions, if the office has
contracted to provide collection services;
(7) to implement income withholding for collection of child support in accordance with Part
4 of this chapter; [
(8) to enter into agreements with financial institutions doing business in the state to develop
and operate, in coordination with such financial institutions, a data match system in the manner
provided for in Section 62A-11-304.5;
(9) to establish and maintain the state case registry in the manner required by the Social
Security Act, 42 U.S.C. Sec. 654A, which shall include a record in each case of:
(a) the amount of monthly or other periodic support owed under the order, and other
amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under the
order;
(b) any amount described in Subsection (9)(a) that has been collected;
(c) the distribution of collected amounts;
(d) the birth date of any child from whom the order requires the provision of support; and
(e) the amount of any lien imposed with respect to the order pursuant to this part;
(10) to contract with the Department of Workforce Services to establish and maintain the
new hire registry created under Section 35A-11-103;
(11) to determine whether an individual who has applied for or is receiving cash assistance
or Medicaid is cooperating in good faith with the office as required by Section 62A-11-307.2; and
[
contracts, and federal financial participation.
Section 30. Section 62A-11-107 is amended to read:
62A-11-107. Director -- Powers of office -- Information from employers confidential--
Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking and
enforcement.
(1) The director of the office shall be appointed by the executive director.
(2) The office has power to administer oaths, certify to official acts, issue subpoenas, and
to compel witnesses and the production of books, accounts, documents, and evidence.
(3) The office has the power to seek administrative and judicial orders to require an obligor
who owes past-due support and is obligated to support a child receiving public assistance to
participate in appropriate work activities if the obligor is unemployed and is not otherwise
incapacitated.
(4) The office has the power to enter into reciprocal child support enforcement agreements
with foreign countries consistent with federal law and cooperative enforcement agreements with
Indian Tribes.
(5) The office has the power to pursue through court action the withholding, suspension, and
revocation of driver's licenses, professional and occupational licenses, and recreational licenses of
individuals owing overdue support or failing, after receiving appropriate notice, to comply with
subpoenas or orders relating to paternity or child support proceedings pursuant to Section 78-32-17.
[
a cause of action can be filed, to represent the office. Neither the attorney general nor the county
attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying
out the duties arising under this chapter.
[
from the federal government or other public or private source designed to aid the efficient and
effective operation of the recovery program.
[
the provisions of this chapter.
Section 31. Section 62A-11-108 is amended to read:
62A-11-108. Office designated as criminal justice agency -- Access by IV-D agencies
to motor vehicle and law enforcement data through the office.
(1) The office is designated as a criminal justice agency for the purpose of requesting and
obtaining access to criminal justice information, subject to appropriate federal, state, and local
agency restrictions governing the dissemination of that information.
(2) All federal and state agencies conducting activities under Title IV-D of the Social
Security Act shall have access through the office to any system used by this state to locate an
individual for purposes relating to motor vehicles or law enforcement.
Section 32. Section 62A-11-303 is amended to read:
62A-11-303. Definitions.
As used in this part:
(1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
accordance with [
(2) "Administrative order" means an order that [
other comparable jurisdiction with similar authority to that of the office.
(3) "Assistance" or "public assistance" [
(4) "Business day" means a day on which state offices are open for regular business.
[
(a) [
emancipated, self-supporting, married, or a member of the armed forces of the United States; [
(b) [
during the normal and expected year of graduation and not otherwise emancipated, self-supporting,
married, or a member of the armed forces of the United States[
(c) a son or daughter of any age who is incapacitated from earning a living and is without
sufficient means.
(6) "Child support" is defined in Section 62A-11-401.
(7) "Child support guidelines" or "guidelines" is defined in Section 78-45-2.
(8) "Child support order" or "support order" is defined in Section 62A-11-401.
[
this state, another state, the federal government, or any other comparable jurisdiction issued under
Section 30-3-5, Section 78-3a-906, Title 78, Chapter 45a, Uniform Act on Paternity, or other
[
[
[
[
Section 62A-11-103.
[
[
[
[
[
(12) "Income" is defined in Section 62A-11-103.
(13) "IV-D" is defined in Section 62A-11-103.
[
proceeding in accordance with Section 63-46b-3.
[
jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child
support or public assistance.
[
owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction
in whose behalf this state is acting.
[
62A-11-103.
[
or stepparent of a dependent child.
[
subdivision, department, or office.
[
[
custodial parent who is not the child's natural or adoptive parent or one living with the natural or
adoptive custodial parent as a common law spouse, whose common law marriage was entered into
in a state which recognizes the validity of common law marriage.
[
(a) a court or administrative order or imposed by law for the financial support, maintenance,
health, or dental care of a dependent child; and
(b) a court or administrative order for the financial support of a spouse or former spouse with
whom the obligor's dependent child resides if the obligor also owes a child support obligation that
is being enforced by the state.
[
nonpayment of support.
Section 33. Section 62A-11-304.1 is repealed and reenacted to read:
62A-11-304.1. Expedited procedures for establishing paternity or establishing,
modifying, or enforcing a support order.
(1) The office may, without the necessity of initiating an adjudicative proceeding or
obtaining an order from any other judicial or administrative tribunal, take the following actions
related to the establishment of paternity or the establishment, modification, or enforcement of a
support order, and to recognize and enforce the authority of state agencies of other states to take the
following actions:
(a) require a child, mother, and alleged father to submit to genetic testing;
(b) subpoena financial or other information needed to establish, modify, or enforce a support
order, including:
(i) the name, address, and employer of a person who owes or is owed support that appears
on the customer records of public utilities and cable television companies; and
(ii) information held by financial institutions on such things as the assets and liabilities of
a person who owes or is owed support;
(c) require a public or private employer to promptly disclose information to the office on the
name, address, date of birth, social security number, employment status, compensation, and benefits,
including health insurance, of any person employed as an employee or contractor by the employer;
(d) require an insurance organization subject to Title 31A, Insurance Code, or an insurance
administrator of a self-insured employer to promptly disclose to the office health insurance
information pertaining to an insured or an insured's dependents, if known;
(e) obtain access to information in the records and automated databases of other state and
local government agencies, including:
(i) marriage, birth, and divorce records;
(ii) state and local tax and revenue records providing information on such things as
residential and mailing addresses, employers, income, and assets;
(iii) real and titled personal property records;
(iv) records concerning occupational and professional licenses and the ownership and control
of corporations, partnerships, and other business entities;
(v) employment security records;
(vi) records of agencies administering public assistance programs;
(vii) motor vehicle department records; and
(viii) corrections records;
(f) upon providing notice to the obligor and obligee, direct an obligor or other payor to
change the payee to the office if support has been assigned to the office under Section 35A-11-108
or if support is paid through the office pursuant to the Social Security Act, 42 U.S.C. Sec. 654B;
(g) order income withholding in accordance with Part 4 of this chapter;
(h) secure assets to satisfy past-due support by:
(i) intercepting or seizing periodic or lump-sum payments from:
(A) a state or local government agency, including unemployment compensation, workers'
compensation, and other benefits; and
(B) judgments, settlements, and lotteries;
(ii) attaching and seizing assets of an obligor held in financial institutions;
(iii) attaching public and private retirement funds, if the obligor presently:
(A) receives periodic payments; or
(B) has the authority to withdraw some or all of the funds; and
(iv) imposing liens against real and personal property in accordance with this section and
Section 62A-11-312.5; and
(i) increase monthly payments in accordance with Section 62A-11-320.
(2) (a) When taking action under Subsection (1), the office shall send notice under this
Subsection (2)(a) to the person or entity who is required to comply with the action if not a party to
a case receiving IV-D services. The notice shall include:
(i) the authority of the office to take the action;
(ii) the response required by the recipient;
(iii) the opportunity to provide clarifying information to the office under Subsection (2)(b);
(iv) the name and telephone number of a person in the office who can respond to inquires;
and
(v) the protection from criminal and civil liability extended under Subsection (7).
(b) The recipient of a notice sent under Subsection (2)(a) shall promptly comply with the
terms of the notice and may, if the recipient believes the office's request is in error, send clarifying
information to the office setting forth the basis for the recipient's belief.
(3) The office shall in any case in which it requires genetic testing under Subsection (1)(a):
(a) consider clarifying information if submitted by the obligee and alleged father;
(b) proceed with testing as the office considers appropriate;
(c) pay the cost of the tests, subject to recoupment from the alleged father if paternity is
established;
(d) order a second test if the original test result is challenged, and the challenger pays the
cost of the second test in advance; and
(e) require that the genetic test is:
(i) of a type generally acknowledged as reliable by accreditation bodies designated by the
federal Secretary of Health and Human Services; and
(ii) performed by a laboratory approved by such an accreditation body.
(4) The office may impose a penalty against an entity for failing to provide information
requested in a subpoena issued under Subsection (1) as follows:
(a) $25 for each failure to provide requested information; or
(b) $500 if the failure to provide requested information is the result of a conspiracy between
the entity and the obligor to not supply the requested information or to supply false or incomplete
information.
(5) (a) Unless a court or administrative agency has reduced past-due support to a sum certain
judgment, the office shall provide concurrent notice to an obligor in accordance with Section
62A-11-304.4 of:
(i) any action taken pursuant to Subsections (1)(h)(i)(B), (l)(h)(ii), (1)(h)(iii), or Subsection
62A-11-304.5(1)(b) if Subsection (5)(b)(iii) does not apply; and
(ii) the opportunity of the obligor to contest the action and the amount claimed to be past-due
by filing a written request for an adjudicative proceeding with the office within 15 days of notice
being sent.
(b) (i) Upon receipt of a notice of levy from the office for an action taken pursuant to
Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or Subsection 62A-11-304.5(1)(b), a person in
possession of personal property of the obligor shall:
(A) secure the property from unauthorized transfer or disposition as required by Section
62A-11-313; and
(B) surrender the property to the office after 21 days of receiving the notice unless the office
has notified the person to release all or part of the property to the obligor.
(ii) Unless released by the office, a notice of levy upon personal property shall be:
(A) valid for 60 days; and
(B) effective against any additional property which the obligor may deposit or transfer into
the possession of the person up to the amount of the levy.
(iii) If the property upon which the office imposes a levy is insufficient to satisfy the
specified amount of past-due support and the obligor fails to contest that amount under Subsection
(5)(a)(ii), the office may proceed under Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or Subsection
62A-11-304.5(1)(b) against additional property of the obligor until the amount specified and the
reasonable costs of collection are fully paid.
(c) Except as provided in Subsection (5)(b)(iii), the office may not disburse funds resulting
from action requiring notice under Subsection (5)(a)(i) until:
(i) 21 days after notice was sent to the obligor; and
(ii) the obligor, if he contests the action under Subsection (5)(a)(ii), has exhausted his
administrative remedies and, if appealed to a district court, the district court has rendered a final
decision.
(d) Before intercepting or seizing any periodic or lump-sum payment under Subsection
(1)(h)(i)(A), the office shall:
(i) comply with Subsection 59-10-529(2)(a); and
(ii) include in the notice required by Subsection 59-10-529(2)(a) reference to Subsection
(1)(h)(i)(A).
(e) If Subsection (5)(a) or (5)(d) does not apply, an action against the real or personal
property of the obligor shall be in accordance with Section 62A-11-312.5.
(6) All information received under this section is subject to Title 63, Chapter 2, Government
Records Access and Management Act.
(7) No employer, financial institution, public utility, cable company, insurance organization,
its agent or employee, or related entity may be civilly or criminally liable for providing information
to the office or taking any other action requested by the office pursuant to this section.
(8) The actions the office may take under Subsection (1) are in addition to the actions the
office may take pursuant to Part 4, Income Withholding in IV-D Cases.
Section 34. Section 62A-11-304.2 is amended to read:
62A-11-304.2. Issuance or modification of administrative order -- Compliance with
court order -- Authority of office -- Stipulated agreements -- Interest -- Notification
requirements.
(1) Through an adjudicative proceeding the office may issue or modify an administrative
order, based on the criteria outlined in Section 62A-11-304.3, that:
[
[
[
(c) determines temporary orders of child support upon clear and convincing evidence of
paternity in the form of genetic test results or other evidence;
(d) requires an obligor to pay a specific or determinable amount of present and future
support;
(e) determines the amount of past-due support; [
(f) orders an obligor who owes past-due support and is obligated to support a child receiving
public assistance to participate in appropriate work activities if the obligor is unemployed and is not
otherwise incapacitated;
(g) imposes a penalty authorized under this chapter;
(h) determines an issue that may be specifically contested under this chapter by a party who
timely files a written request for an adjudicative proceeding with the office; and
[
proceeding to renew a judgment by serving notice of agency action on the obligor before the
judgment is barred by the applicable statute of limitations.
(2) (a) An abstract of a final administrative order issued under this section or a notice of
judgment-lien under Section 62A-11-312.5 may be filed with the clerk of any district court.
(b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
(i) docket the abstract or notice in the judgment docket of the court and note the time of
receipt on the abstract or notice and in the judgment docket; and
(ii) at the request of the office, place a copy of the abstract or notice in the file of a child
support action involving the same parties.
[
Subsection (1) that is not based on the court order.
(b) Notwithstanding Subsection (3)(a), the office may issue an order of current support in
accordance with the child support guidelines if the conditions of Subsection 78-45f-207(2)(c) are
met.
[
state under Section 62A-11-305, any department of [
[
into stipulated agreements providing for the issuance of an administrative order under this part.
[
checks, money orders, or other negotiable instruments received by the office for support.
[
if notice of the assessment of interest has been provided to the obligor in a notice of agency action.
[
part, keep the office informed of:
(a) his current address;
(b) the name and address of current payors of income;
(c) availability of or access to health insurance coverage; and
(d) applicable health insurance policy information.
Section 35. Section 62A-11-304.4 is enacted to read:
62A-11-304.4. Filing of location information -- Service of process.
(1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
modify, or enforce a support order, each party shall file identifying information and shall update that
information as changes occur:
(i) with the court or administrative agency that conducted the proceeding; and
(ii) after October 1, 1998, with the state case registry.
(b) The identifying information required under Subsection (1)(a) shall include the person's
social security number, driver's license number, residential and mailing addresses, telephone
numbers, the name, address, and telephone number of employers, and any other data required by the
United States Secretary of Health and Human Services.
(c) In any subsequent child support action involving the office or between the parties, state
due process requirements for notice and service of process shall be satisfied as to a party upon:
(i) a sufficient showing that diligent effort has been made to ascertain the location of the
party; and
(ii) delivery of notice to the most recent residential or employer address filed with the court,
administrative agency, or state case registry under Subsection (1)(a).
(2) (a) The office shall provide individuals who are applying for or receiving services under
this chapter or who are parties to cases in which services are being provided under this chapter:
(i) with notice of all proceedings in which support obligations might be established or
modified; and
(ii) with a copy of any order establishing or modifying a child support obligation, or in the
case of a petition for modification, a notice of determination that there should be no change in the
amount of the child support award, within 14 days after issuance of such order or determination.
(b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall be
provided in accordance with Section 78-45f-614.
(3) Service of all notices and orders under this part shall be made in accordance with Title
63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or this section.
(4) Consistent with Title 63, Chapter 2, Government Records Access and Management Act,
the office shall adopt procedures to classify records to prohibit:
(a) the unauthorized use or disclosure of information relating to a proceeding to:
(i) establish paternity; or
(ii) establish or enforce support;
(b) the release of information on the whereabouts of one party to another party if such a
release is prohibited by a protective order; and
(c) the release of information on the whereabouts of one party to another party if the office
has reason to believe that the release may result in physical or emotional harm to a party.
Section 36. Section 62A-11-304.5 is enacted to read:
62A-11-304.5. Financial institutions.
(1) The office shall enter into agreements with financial institutions doing business in the
state:
(a) to develop and operate, in coordination with such financial institutions, a data match
system that:
(i) uses automated data exchanges to the maximum extent feasible; and
(ii) requires a financial institution each calendar quarter to provide the name, record address,
social security number, other taxpayer identification number, or other identifying information for
each obligor who:
(A) maintains an account at the institution; and
(B) owes past-due support as identified by the office by name and social security number
or other taxpayer identification number; and
(b) to require a financial institution upon receipt of a notice of lien to encumber or surrender
assets held by the institution on behalf of an obligor who is subject to a child support lien in
accordance with Section 62A-11-304.1.
(2) The office may pay a reasonable fee to a financial institution for compliance with
Subsection (1)(a), which may not exceed the actual costs incurred.
(3) A financial institution may not be liable under any federal or state law to any person for
any disclosure of information or action taken in good faith under Subsection (1).
(4) The office may disclose a financial record obtained from a financial institution under this
section only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing
a child support obligation.
(5) If an employee of the office knowingly, or by reason of negligence, discloses a financial
record of an individual in violation of Subsection (4), the individual may bring a civil action for
damages in a district court of the United States as provided for in the Social Security Act, 42 U.S.C.
Sec. 669A.
(6) The office shall provide notice and disburse funds seized or encumbered under this
section in accordance with Section 62A-11-304.1.
Section 37. Section 62A-11-305 is amended to read:
62A-11-305. Support collection services requested by agency of another state.
(1) [
Act, the office may proceed to issue or modify an order under Section 62A-11-304.2 to collect under
this part from an obligor who is located in or is a resident of this state regardless of the presence or
residence of the obligee if:
(a) support collection services are requested by an agency of another state that is operating
under Title IV-D of the Social Security Act[
(b) [
an individual applies for services.
[
[
[
(2) The office shall respond within five business days to a request made by another state's
IV-D agency to enforce a support order.
(3) A request by another state shall constitute a certification by the requesting state:
(a) of the amount of support under the order of payment of which is in arrears; and
(b) that the requesting state has complied with procedural due process requirements
applicable to the case.
(4) As required by the Social Security Act, 42 U.S.C. Sec. 666, the office shall maintain
records of:
(a) the number of requests for enforcement assistance received by the office under this
section;
(b) the number of cases for which the state collected support in response to those requests;
and
(c) the amount of support collected.
Section 38. Section 62A-11-306.1 is amended to read:
62A-11-306.1. Issuance or modification of an order to collect support for persons not
receiving public assistance.
The office may proceed to issue or modify an order under Section 62A-11-304.2 and collect
under this part even though public assistance is not being provided on behalf of a dependent child
if the office provides support collection services in accordance with:
(1) an application for services provided under Title IV-D of the federal Social Security Act;
(2) the continued service provisions of Subsection 62A-11-307.2[
(3) the interstate provisions of Section 62A-11-305.
Section 39. Section 62A-11-307.1 is amended to read:
62A-11-307.1. Collection directly from responsible parent.
(1) The office may issue or modify an order under Section 62A-11-304.2 and collect under
this part directly from a responsible parent if the procedural requirements of applicable law have
been met and if public assistance is provided on behalf of that parent's dependent child. The direct
right to issue an order under this [
right derived from that assigned under Section [
(2) An order issuing or modifying a support obligation under Subsection (1), issued while
public assistance was being provided for a dependent child, remains in effect and may be enforced
by the office under Section 62A-11-306.1 after provision of public assistance ceases.
(3) (a) The office may issue or modify an administrative order, subject to the procedural
requirements of applicable law, that requires that obligee to pay to the office assigned support that
an obligee receives and retains in violation of Subsection 62A-11-307.2(4) and may reduce to
judgment any unpaid balance due.
(b) The office may collect the judgment debt in the same manner as it collects any judgment
for past-due support owed by an obligor.
Section 40. Section 62A-11-307.2 is amended to read:
62A-11-307.2. Duties of obligee after assignment of support rights.
(1) An obligee whose rights to support have been assigned under Section [
35A-8-108 as a condition of eligibility for public assistance has the following duties:
(a) [
shall [
(i) cooperate in good faith with the office by providing the name and other identifying
information of the other parent of the obligee's child for the purpose of:
(A) establishing paternity; or
(B) establishing, modifying, or enforcing a child support order;
(ii) supply additional necessary information and appear at interviews, hearings, and legal
proceedings; and
(iii) submit the obligee's child and himself to judicially or administratively ordered genetic
testing.
(b) The obligee may not commence an action against an obligor or file a pleading to collect
or modify support without the office's written consent.
(c) The obligee may not do anything to prejudice the rights of the office to establish
paternity, enforce provisions requiring health insurance, or to establish and collect support.
(d) The obligee may not agree to allow the obligor to change the court or administratively
ordered manner or amount of payment of past, present, or future support without the office's written
consent.
(2) (a) The office shall determine and redetermine, when appropriate, whether an obligee has
cooperated with the office as required by Subsection (1)(a).
(b) If the office determines that an obligee has not cooperated as required by Subsection
(1)(a), the office shall:
(i) forward the determination and the basis for it to the Department of Workforce Services,
which shall inform the Department of Health of the determination, for a determination of whether
compliance by the obligee should be excused on the basis of good cause or other exception; and
(ii) send to the obligee:
(A) a copy of the notice; and
(B) information that the obligee may, within 15 days of notice being sent:
(I) contest the office's determination of noncooperation by filing a written request for an
adjudicative proceeding with the office; or
(II) assert that compliance should be excused on the basis of good cause or other exception
by filing a written request for a good cause exception with the Department of Workforce Services.
[
allow the obligor to change the court or administratively ordered manner or amount of payment of
support[
furnished on behalf of a dependent child.
[
the obligee shall immediately deliver that payment to the office.
(b) (i) If an obligee agrees with an obligor to receive payment of support other than in the
court or administratively ordered manner and receives payment as agreed with the obligor, [
obligee shall immediately deliver the cash equivalent of the payment to the office.
(ii) If the amount delivered to the office by the obligee under [
(4)(b)(i) exceeds the amount of the court or administratively ordered support due, the office shall
return the excess to the obligee.
[
may continue to provide paternity establishment and support collection services. Unless the obligee
notifies the office to discontinue these services, the obligee is considered to have accepted and is
bound by the rights, duties, and liabilities of an obligee who has applied for those services.
Section 41. Section 62A-11-312.5 is enacted to read:
62A-11-312.5. Liens by operation of law and writs of garnishment.
(1) Each payment or installment of child support is, on and after the date it is due, a
judgment with the same attributes and effect of any judgment of a district court in accordance with
Section 30-3-10.6 and for purposes of Section 78-22-1.
(2) (a) A judgment under Subsection (1) or final administrative order shall constitute a lien
against the real property of the obligor upon the filing of a notice of judgment-lien in the district
court where the obligor's real property is located if the notice:
(i) identifies this section;
(ii) specifies the amount of past-due support; and
(iii) complies with the procedural requirements of Section 78-22-1.
(b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to execute a
judgment or final administrative order under this section against real or personal property in the
obligor's possession.
(c) A lien under this Subsection (2) shall continue for a period of eight years from the time
of docketing unless previously satisfied.
(3) (a) The office may issue a writ of garnishment against the obligor's personal property in
the possession of a third party for a judgment under Subsection (1) or a final administrative order
in the same manner and with the same effect as if the writ were issued on a judgment of a district
court if:
(i) the judgment or final administrative order is recorded on the office's automated case
registry; and
(ii) the writ is signed by the director or the director's designee and served by certified mail,
return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
(b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures and due
process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as provided by
Section 62A-11-316.
Section 42. Section 62A-11-315.5 is enacted to read:
62A-11-315.5. Enforcement of liens arising in another state.
A lien arising in another state shall be accorded full faith and credit in this state, without any
additional requirement of judicial notice or hearing prior to the enforcement of the lien, if the office,
parent, or state IV-D agency who seeks to enforce the lien complies with Section 62A-11-304.1 or
Section 62A-11-312.5.
Section 43. Section 62A-11-320 is amended to read:
62A-11-320. Payment schedules.
(1) The office may[
(a) set or reset a level and schedule of payments at any time consistent with the income,
earning capacity, and resources of the obligor; or
(b) demand payment in full [
(2) If a support debt is reduced to a schedule of payments and made subject to income
withholding, the total monthly amount of the scheduled payment, current support payment, and cost
of health insurance attributable to a child for whom the obligor has been ordered may only be subject
to income withholding in an amount that does not exceed the maximum amount permitted under
Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).
(3) (a) Within 15 days of receiving notice, an obligor may contest a payment schedule as
inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules
under Subsection (1) by filing a written request for an adjudicative proceeding.
(b) For purposes of Subsection (3)(a), notice includes:
(i) notice sent to the obligor by the office in accordance with Section 62A-11-304.4;
(ii) participation by the obligor in the proceedings related to the establishment of the
payment schedule; and
(iii) receiving a paycheck in which a reduction has been made in accordance with a payment
schedule established under Subsection (1).
Section 44. Section 62A-11-320.5 is repealed and reenacted to read:
62A-11-320.5. Review and adjustment of child support order in three-year cycle --
Substantial change in circumstances not required.
(1) If a child support order has not been issued, modified, or reviewed within the previous
three years, the office shall review a child support order, taking into account the best interests of the
child involved, if:
(a) requested by a parent or legal guardian involved in a case receiving IV-D services; or
(b) there has been an assignment under Section 35A-8-108 and the office determines that
a review is appropriate.
(2) If the office conducts a review under Subsection (1), the office shall determine if there
is a difference of 10% or more between the amount ordered and the amount that would be required
under the child support guidelines. If there is such a difference and the difference is not of a
temporary nature, the office shall:
(a) with respect to a child support order issued or modified by the office, adjust the amount
to that which is provided for in the guidelines; or
(b) with respect to a child support order issued or modified by a court, file a petition with
the court to adjust the amount to that which is provided for in the guidelines.
(3) The office may use automated methods to:
(a) collect information and conduct reviews under Subsection (2); and
(b) identify child support orders in which there is a difference of 10% or more between the
amount of child support ordered and the amount that would be required under the child support
guidelines for review under Subsection (1)(b).
(4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
provide notice of the request to the other parent within five days and in accordance with Section
62A-11-304.4.
(b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
provide notice to the parties of:
(i) a proposed adjustment under Subsection (2)(a); or
(ii) a proposed petition to be filed in court under Subsection (2)(b).
(5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
guardian may respond to a request for review filed with the office.
(b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian
may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and
providing documentation that refutes the adjustment or petition.
(6) A showing of a substantial change in circumstances is not necessary for an adjustment
under this section.
Section 45. Section 62A-11-320.6 is enacted to read:
62A-11-320.6. Review and adjustment of support order for substantial change in
circumstances outside three-year cycle.
(1) (a) A parent or legal guardian involved in a case receiving IV-D services or the office,
if there has been an assignment under Section 35A-8-108, may at any time request the office to
review a child support order if there has been a substantial change in circumstances.
(b) For purposes of Subsection (1)(a), a substantial change in circumstances may include:
(i) material changes in custody;
(ii) material changes in the relative wealth or assets of the parties;
(iii) material changes of 30% or more in the income of a parent;
(iv) material changes in the ability of a parent to earn;
(v) material changes in the medical needs of the child; and
(vi) material changes in the legal responsibilities of either parent for the support of others.
(2) Upon receiving a request under Subsection (1), the office shall review the order, taking
into account the best interests of the child involved, to determine whether the substantial change in
circumstance has occurred, and if so, whether the change resulted in a difference of 15% or more
between the amount of child support ordered and the amount that would be required under the child
support guidelines. If there is such a difference and the difference is not of a temporary nature, the
office shall:
(a) with respect to a support order issued or modified by the office, adjust the amount in
accordance with the guidelines; or
(b) with respect to a support order issued or modified by a court, file a petition with the court
to adjust the amount in accordance with the guidelines.
(3) The office may use automated methods to collect information for a review conducted
under Subsection (2).
(4) (a) A parent or legal guardian who requests a review under Subsection (1) shall provide
notice of the request to the other parent within five days and in accordance with Section
62A-11-304.4.
(b) If the office initiates and conducts a review under Subsection (1), the office shall provide
notice of the request to any parent or legal guardian within five days and in accordance with Section
62A-11-304.4.
(5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian may
file a response to a request for review with the office.
Section 46. Section 62A-11-320.7 is enacted to read:
62A-11-320.7. Three-year notice of opportunity to review.
(1) Once every three years, the office shall give notice to each parent or legal guardian
involved in a case receiving IV-D services of the opportunity to request a review and, if appropriate,
adjustment of a child support order under Sections 62A-11-320.5 and 62A-11-320.6.
(2) (a) The notice required by Subsection (1) may be included in an issued or modified order
of support.
(b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1), three
years after the date of the order issued or modified under Subsection (2)(a).
Section 47. Section 62A-11-327 is repealed and reenacted to read:
62A-11-327. Reporting past-due support to consumer reporting agency.
The office shall periodically report the name of any obligor who is delinquent in the payment
of support and the amount of overdue support owed by the obligor to consumer reporting agencies
as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
(1) only after the obligor has been afforded notice and a reasonable opportunity to contest
the accuracy of the information; and
(2) only to an entity that has provided satisfactory evidence that it is a consumer reporting
agency under 15 U.S.C. Sec. 1681a(f).
Section 48. Section 62A-11-401 is amended to read:
62A-11-401. Definitions.
As used in this part and in Part 5:
(1) "Business day" means a day on which state offices are open for regular business.
[
is defined in Section 62A-11-303.
[
body for the support of a child, including current periodic payments and all arrearages. Child
support includes court ordered obligations for the support of a spouse or former spouse with whom
the child resides if the spousal support is collected with the child support.
[
administrative body whether interlocutory or final, whether or not prospectively or retroactively
modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate
maintenance, paternity, guardianship, civil protection, or otherwise, which:
(a) establishes or modifies child support;
(b) reduces child support arrearages to judgment; or
(c) establishes child support or confirms a child support order under Title [
[
[
to current child support payable for one month is overdue.
(6) "Immediate income withholding" means income withholding without regard to whether
a delinquency has occurred.
[
[
[
[
[
(8) "IV-D services" is defined in Section 62A-11-103.
[
or possession of the United States, the District of Columbia, [
an Indian tribe or tribal organization, or any comparable foreign nation or political subdivision.
[
[
62A-11-303.
[
62A-11-103.
[
obligor.
Section 49. Section 62A-11-403 is amended to read:
62A-11-403. Provision for income withholding in child support order --Immediate
income withholding.
(1) Whenever a child support order is issued or modified in this state the obligor's income
is subject to income withholding for the child support described in the order[
the provisions of this chapter.
(2) In every child support order issued or modified on or after January 1, 1994, the court or
administrative body shall include[
immediate income withholding in accordance with this chapter; however, if for any reason that
provision is not included in the child support order the obligor's income is nevertheless subject to
immediate income withholding[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
Section 50. Section 62A-11-404 is repealed and reenacted to read:
62A-11-404. Office procedures for income withholding for orders issued or modified
on or after October 13, 1990.
(1) With regard to obligees or obligors who are receiving IV-D services, each child support
order issued or modified on or after October 13, 1990, subjects the income of an obligor to
immediate income withholding as of the effective date of the order, regardless of whether a
delinquency occurs unless:
(a) the court or administrative body that entered the order finds that one of the parties has
demonstrated good cause not to require immediate income withholding; or
(b) a written agreement that provides an alternative arrangement is executed by the obligor
and obligee, and by the office, if there is an assignment under Section 35A-8-108, and reviewed and
entered in the record by the court or administrative body.
(2) For purposes of this section:
(a) "good cause" shall be based on, at a minimum:
(i) a determination and explanation on the record by the court or administrative body that
implementation of income withholding would not be in the best interest of the child; and
(ii) proof of timely payment of any previously ordered support;
(b) in determining "good cause," the court or administrative body may, in addition to any
other requirement that it determines appropriate, consider whether the obligor has:
(i) obtained a bond, deposited money in trust for the benefit of the dependent children, or
otherwise made arrangements sufficient to guarantee child support payments for at least two months;
and
(ii) arranged to deposit all child support payments into a checking account belonging to the
obligee or made arrangements insuring that a reliable and independent record of the date and place
of child support payments will be maintained.
(3) An exception from immediate income withholding shall be:
(a) included in the court or administrative agency's child support order; and
(b) negated without further administrative or judicial action:
(i) upon a delinquency;
(ii) upon the obligor's request; or
(iii) if the office, based on internal procedures and standards, or a party requests immediate
income withholding for a case in which the parties have entered into an alternative arrangement to
immediate income withholding pursuant to Subsection (1)(b).
(4) If an exception to immediate income withholding has been ordered on the basis of good
cause under Subsection (1)(a), the office may commence income withholding under this part:
(a) in accordance with Subsection (3)(b); or
(b) if the administrative or judicial body that found good cause determines that
circumstances no longer support that finding.
(5) (a) A party may contest income withholding due to a mistake of fact by filing a written
objection with the office within 15 days of the commencement of income withholding under
Subsection (4).
(b) If a party contests income withholding under Subsection (5)(a), the office shall proceed
with the objection as it would an objection filed under Section 62A-11-405.
(6) Income withholding implemented under this section is subject to termination under
Section 62A-11-408.
(7) (a) Income withholding under the order may be effective until the obligor no longer owes
child support to the obligee.
(b) Appropriate income withholding procedures apply to existing and future payors and all
withheld income shall be submitted to the office.
Section 51. Section 62A-11-405 is amended to read:
62A-11-405. Office procedures for income withholding for orders issued or modified
before October 13, 1990.
(1) With regard to child support orders issued prior to October 13, 1990, and not otherwise
modified after that date, and for which an obligor or obligee is receiving IV-D services, the office
shall proceed to withhold income as a means of collecting child support[
under the order, regardless of whether [
[
(2) Upon receipt of a verified statement or affidavit alleging that a delinquency has occurred,
the office shall [
[
[
[
[
[
[
[
[
[
[
[
[
(a) send notice to the payor for income withholding in accordance with Section 62A-11-406;
and
(b) send notice to the obligor under Section 62A-11-304.4 that includes:
(i) a copy of the notice sent to the payor; and
(ii) information regarding:
(A) the commencement of income withholding; and
(B) the opportunity to contest the withholding or the amount withheld due to mistake of fact
by filing a written request for review under this section with the office within 15 days.
(3) If the obligor contests the withholding, the office shall:
(a) provide an opportunity for the obligor to provide documentation and, if necessary, to
present evidence supporting the obligor's claim of mistake of fact;
(b) decide whether income withholding shall continue;
(c) notify the obligor of its decision and the obligor's right to appeal under Subsection (4);
and
(d) at the obligor's option, return, if in the office's possession, or credit toward the most
current and future support obligations of the obligor any amount mistakenly withheld and, if the
mistake is attributable to the office, interest at the legal rate.
(4) [
withhold income under Subsection (3)[
court within 30 days after service of the notice under Subsection (3)[
notifying the office in writing of [
(b) [
but shall hold all funds it receives, except current child support, in a reserve account pending the
court's decision on appeal. The funds, plus interest at the legal rate, shall be paid to the party
determined by the court.
(c) If an obligor appeals a decision of the office to a district court under Subsection (4)(a),
the obligor shall provide to the obligee:
(i) notice of the obligor's appeal; and
(ii) a copy of any documents filed by the obligor upon the office in connection with the
appeal.
(5) An obligor's payment of overdue child support may not be the sole basis for not
implementing income withholding in accordance with this part.
Section 52. Section 62A-11-406 is amended to read:
62A-11-406. Notice to payor.
Upon compliance with the applicable provisions of this part the office shall mail or deliver
to each payor at the payor's last-known address written notice stating:
(1) the amount of child support to be withheld from income;
(2) that the child support must be withheld from the obligor's income each time the obligor
is paid, but that the amount [
under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. [
(3) that [
or credited to the employee but for this section;
(4) that, once per month, [
amount which is equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of
Civil Procedure, as the payor's fee for administrative costs[
exceed the maximum amount permitted under Section 303 (b) of the Consumer Credit Protection
Act, 15 U.S.C. [
(5) that the notice to withhold is binding on [
further notice by the office or a court;
(6) (a) that if [
time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% of the
withheld income, whichever is greater, for each payment that is late, per obligor; and
(b) that if [
[
withheld, whichever is greater, plus interest on that amount;
(7) that the notice to withhold is prior to any other legal process under state law;
(8) that [
earnings are normally paid after five working days from the date the payor receives the notice;
(9) that [
employment or the periodic income payment is terminated, and provide the obligor's last-known
address and the name and address of any new payor, if known;
(10) that if [
an obligor because of the notice to withhold, the payor is liable to the obligor as provided in Section
62A-11-316, and to the office for the greater of $1,000 or the amount of child support accumulated
to the date of discharge which [
(11) that, in addition to any other remedy provided in this section, [
[
reasonable attorneys' fees incurred in enforcing any provision in a notice to withhold mailed or
delivered to the payor's last-known address.
Section 53. Section 62A-11-407 is amended to read:
62A-11-407. Payor's procedures for income withholding.
(1) (a) A payor is subject to the requirements, penalties, and effects of a notice served on
[
(b) A payment of withheld income mailed to the office in an envelope postmarked within
[
would have been paid or credited to the obligor but for this section satisfies Subsection
62A-11-406(3).
(2) (a) If a payor fails to comply with [
Section 62A-11-406, the office, the obligee, if an assignment has not been made under Section
35A-11-108, or the obligor may proceed with a civil action[
enforce [
(b) In addition to a civil action under Subsection (2)(a), the office may bring an
administrative action pursuant to Title 63, Chapter 46b, Administrative Procedures Act, to enforce
a provision of the notice.
(c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a
provision of the notice, the obligee or obligor may recover any penalty related to that provision under
Section 62A-11-406 in place of the office.
(3) If the obligor's child support is owed monthly and the payor's pay periods are at more
frequent intervals, the payor, with the consent of the office[
pay period cumulatively sufficient to pay the monthly child support obligation.
(4) A payor may combine amounts which he has withheld from the incomes of multiple
obligors[
specify the amount attributable to each individual obligor[
number.
(5) In addition to any other remedy provided in this section, a payor is liable to the office
[
reasonable attorneys' fees incurred in enforcing [
under Section 62A-11-406.
(6) Notwithstanding this section or Section 62A-11-406, if a payor receives an income
withholding order or notice issued by another state, the payor shall apply the income withholding
law of the state of the obligor's principal place of employment in determining:
(a) the payor's fee for processing income withholding;
(b) the maximum amount permitted to be withheld from the obligor's income;
(c) the time periods within which the payor must implement income withholding and
forward child support payments;
(d) the priorities for withholding and allocating withheld income for multiple child support
obligees; and
(e) any term or condition for withholding not specified in the notice.
Section 54. Section 62A-11-408 is amended to read:
62A-11-408. Termination of income withholding.
(1) (a) At any time after the date income withholding begins, a party to the child support
order may request a judicial hearing or administrative [
withholding should be terminated due to:
(i) good cause under Section 62A-11-404;
(ii) the execution of a written agreement under Section 62A-11-404; or
(iii) the completion of an obligor's support obligation.
(b) An obligor's payment of overdue child support may not be the sole basis for termination
of income withholding.
(c) If it is determined [
be terminated, the office shall give written notice of termination to each payor within ten days after
receipt of notice of that decision.
(d) If, after termination of income withholding by court or administrative order, an obligor's
child support obligation becomes delinquent or subject to immediate and automatic income
withholding under Section [
withholding procedures in accordance with the provisions of this part.
(e) If the office [
an agreement with a party, the office may reinstate income withholding [
(i) a delinquency occurs;
(ii) the obligor requests reinstatement;
(iii) the obligee requests reinstatement; or
(iv) the office, based on internal procedures and standards, determines reinstatement is
appropriate.
(2) The office shall give written notice of termination to each payor when the obligor no
longer owes child support to the obligee.
(3) [
until the office notifies [
terminated.
Section 55. Section 62A-11-409 is amended to read:
62A-11-409. Payor's compliance with income withholding.
(1) Payment by a payor under this part satisfies the terms for payment of income under any
contract between a payor and obligor.
(2) A payor who complies with [
to any person for conduct in compliance with the notice.
Section 56. Section 62A-11-501 is amended to read:
62A-11-501. Definitions -- Application.
(1) The requirements of this part apply only to cases in which neither the obligee [
(2) For purposes of this part the definitions contained in Section 62A-11-401 apply.
Section 57. Section 62A-11-502 is amended to read:
62A-11-502. Child support orders issued or modified on or after January 1, 1994 --
Immediate income withholding.
(1) With regard to obligees or obligors who are not receiving IV-D services, each child
support order issued or modified on or after January 1, 1994, subjects the income of an obligor to
immediate income withholding as of the effective date of the order, regardless of whether a
delinquency occurs unless:
(a) the court or administrative body that entered the order finds that one of the parties has
demonstrated good cause not to require immediate income withholding; or
(b) a written agreement that provides an alternative arrangement is executed by the obligor
and obligee, and reviewed and entered in the record by the court or administrative body.
(2) For purposes of this section:
(a) an action on or after January 1, 1994, to reduce child support arrears to judgment, without
a corresponding establishment of or modification to a base child support amount, is not sufficient
to trigger immediate income withholding;
(b) "good cause" shall be based on, at a minimum:
(i) a determination and explanation on the record by the court or administrative body that
implementation of income withholding would not be in the best interest of the child; and
(ii) proof of timely payment of any previously ordered support;
(c) in determining "good cause," the court or administrative body may, in addition to any
other requirement that it deems appropriate, consider whether the obligor has:
(i) obtained a bond, deposited money in trust for the benefit of the dependent children, or
otherwise made arrangements sufficient to guarantee child support payments for at least two months;
and
(ii) arranged to deposit all child support payments into a checking account belonging to the
obligee, or made arrangements insuring that a reliable and independent record of the date and place
of child support payments will be maintained.
(3) In cases where the court or administrative body that entered the order finds a
demonstration of good cause or enters a written agreement that immediate income withholding is
not required, in accordance with this section, any party may subsequently pursue income
withholding on the earliest of the following dates:
(a) the date payment of child support becomes delinquent;
(b) the date the obligor requests; [
(c) the date the obligee requests if a written agreement under Subsection (1)(b) exists; or
[
(4) The court shall include in every child support order issued or modified on or after
January 1, 1994[
accordance with this chapter; however, if for any reason that provision is not included in the child
support order, the obligor's income is nevertheless subject to income withholding[
[
(5) (a) In any action to establish or modify a child support order after July 1, 1997, the court,
upon request by the obligee or obligor, shall commence immediate income withholding by ordering
the clerk of the court or the requesting party to:
(i) mail written notice to the payor at the payor's last-known address that contains the
information required by Section 62A-11-506; and
(ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a copy
of the support order to the office.
(b) If neither the obligee nor obligor requests commencement of income withholding under
Subsection (5)(a), the court shall include in the order to establish or modify child support a provision
that the obligor or obligee may commence income withholding by:
(i) applying for IV-D services with the office; or
(ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
Section 62A-11-504.
(c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with the
requirements of Section 62A-11-507.
Section 58. Section 62A-11-503 is repealed and reenacted to read:
62A-11-503. Requirement of employment and location information.
(1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall require
the parties to file the information required under Section 62A-11-304.4.
(2) If a party fails to provide the information required by Section 62A-11-304.4, the court
shall issue or modify an order upon receipt of a verified representation of employment or source of
income for that party based on the best evidence available if:
(a) that party has participated in the current proceeding;
(b) the notice and service of process requirements of the Utah Rules of Civil Procedure have
been met if the case is before the court to establish an original order of support; or
(c) the notice requirements of Section 62A-11-304.4 have been met if the case is before the
court to modify an existing order.
(3) A court may restrict the disclosure of information required by Section 62A-11-304.4:
(a) in accordance with a protective order involving the parties; or
(b) if the court has reason to believe that the release of information may result in physical
or emotional harm by one party to the other party.
Section 59. Section 62A-11-504 is repealed and reenacted to read:
62A-11-504. Procedures for commencing income withholding.
(1) If income withholding has not been commenced in connection with a child support order,
an obligee or obligor may commence income withholding by:
(a) applying for IV-D services from the office; or
(b) filing an ex parte motion for income withholding with a district court of competent
jurisdiction.
(2) The office shall commence income withholding in accordance with Part 4 of this chapter
upon receipt of an application for IV-D services under Subsection (1)(a).
(3) A court shall grant an ex parte motion to commence income withholding filed under
Subsection (1)(b) regardless of whether the child support order provided for income withholding,
if the obligee provides competent evidence showing:
(a) the child support order was issued or modified after January 1, 1994, and the obligee or
obligor expresses a desire to commence income withholding;
(b) the child support order was issued or modified after January 1, 1994, and the order
contains a good cause exception to income withholding as provided for in Section 62A-11-502, and
a delinquency has occurred; or
(c) the child support order was issued or modified before January 1, 1994, and a delinquency
has occurred.
(4) If a court grants an ex parte motion under Subsection (3), the court shall order the clerk
of the court or the requesting party to:
(a) mail written notice to the payor at the payor's last-known address that contains the
information required by Section 62A-11-506;
(b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the new
requesting party's address and a copy of the support order and the notice to the payor to the office;
and
(c) if the obligee is the requesting party, send notice to the obligor under Section
62A-11-304.4 that includes:
(i) a copy of the notice sent to the payor; and
(ii) information regarding:
(A) the commencement of income withholding; and
(B) the opportunity to contest the withholding or the amount withheld due to mistake of fact
by filing an objection with the court within 20 days.
(5) A payor who receives written notice under Subsection (4)(a) shall comply with the
requirements of Section 62A-11-507.
(6) If an obligor contests withholding, the court shall:
(a) provide an opportunity for the obligor to present evidence supporting his claim of a
mistake of fact;
(b) decide whether income withholding should continue;
(c) notify the parties of the decision; and
(d) at the obligor's option, return or credit toward the most current and future support
payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
Section 60. Section 62A-11-505 is enacted to read:
62A-11-505. Responsibilities of the office.
The office shall document and distribute payments in the manner provided for and in the time
required by Section 62A-11-413 and federal law upon receipt of:
(1) a copy of the written notice sent to the payor under Section 62A-11-502 or Section
62A-11-504;
(2) the order of support;
(3) the obligee's address; and
(4) withheld income from the payor.
Section 61. Section 62A-11-506 is enacted to read:
62A-11-506. Notice to payor.
(1) A notice mailed or delivered to a payor under this part shall state in writing:
(a) the amount of child support to be withheld from income;
(b) that the child support must be withheld from the obligor's income each time the obligor
is paid, but that the amount withheld may not exceed the maximum amount permitted under Section
303(b) of the Consumer Credit Protection Act, 15 U.S.C. Section 1673(b);
(c) that the payor must mail or deliver the withheld income to the office within seven
business days of the date the amount would have been paid or credited to the employee but for this
section;
(d) that, once per month, the payor may deduct from the obligor's income an additional
amount which is equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of
Civil Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act,
15 U.S.C. Section 1673(b);
(e) that the notice to withhold is binding on the payor and on any future payor until further
notice by the office or a court;
(f) (i) that if the payor fails to mail or deliver withheld income to the office within the time
period set in Subsection (1)(c), the payor is liable to the obligee for a late fee of $50 or 10% of the
withheld income, whichever is greater, for each payment that is late; and
(ii) that if the payor willfully fails to withhold income in accordance with the notice, the
payor is liable to the obligee for $1,000 or the accumulated amount the payor should have withheld,
whichever is greater, plus interest on that amount;
(g) that the notice to withhold is prior to any other legal process under state law;
(h) that the payor must begin to withhold income no later than the first time the obligor's
earnings are normally paid after five working days from the date the payor receives the notice;
(i) that the payor must notify the office within five days after the obligor terminates
employment or the periodic income payment is terminated, and provide the obligor's last-known
address and the name and address of any new payor, if known;
(j) that if the payor discharges, refuses to employ, or takes disciplinary action against an
obligor because of the notice to withhold, the payor is liable to the obligor as provided in Section
62A-11-316 and the obligee for the greater of $1,000 or the amount of child support accumulated
to the date of discharge which the payor should have withheld plus interest on that amount; and
(k) that, in addition to any other remedy provided in this section, the payor is liable to the
obligee or obligor for costs and reasonable attorneys' fees incurred in enforcing a provision in a
notice to withhold mailed or delivered under Section 62A-11-502 or 62A-11-504.
(2) If the obligor's employment with a payor is terminated, the office shall, if known and if
contacted by the obligee, inform the obligee of:
(a) the obligor's last-known address; and
(b) the name and address of any new payor.
Section 62. Section 62A-11-507 is enacted to read:
62A-11-507. Payor's procedures for income withholding.
(1) (a) A payor is subject to the requirements, penalties, and effects of a notice mailed or
delivered to him under Section 62A-11-506.
(b) A payment of withheld income mailed to the office in an envelope postmarked within
seven business days of the date the amount would have been paid or credited to the obligor but for
this section satisfies Subsection 62A-11-506(1)(c).
(2) If a payor fails to comply with the requirements of a notice served upon him under
Section 62A-11-506, the obligee, or obligor may proceed with a civil action against the payor to
enforce a provision of the notice.
(3) If the obligor's child support is owed monthly and the payor's pay periods are at more
frequent intervals, the payor, with the consent of the office or obligee, may withhold an equal
amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
(4) A payor may combine amounts which he has withheld from the income of multiple
obligors into a single payment to the office. If such a combined payment is made, the payor shall
specify the amount attributable to each individual obligor by name and Social Security number.
(5) In addition to any other remedy provided in this section, a payor is liable to the obligee
or obligor for costs and reasonable attorneys' fees incurred in enforcing a provision of the notice
mailed or delivered under Section 62A-11-506.
(6) Notwithstanding this section or Section 62A-11-506, if a payor receives an income
withholding order or notice issued by another state, the payor shall apply the income withholding
law of the state of the obligor's principal place of business in determining:
(a) the payor's fee for processing income withholding;
(b) the maximum amount permitted to be withheld from the obligor's income;
(c) the time periods within which the payor must implement income withholding and
forward child support payments;
(d) the priorities for withholding and allocating withheld income for multiple child support
obligees; and
(e) any terms or conditions for withholding not specified in the notice.
Section 63. Section 62A-11-508 is enacted to read:
62A-11-508. Termination of income withholding.
(1) (a) At any time after the date income withholding begins, a party to the child support
order may request a court to determine whether income withholding should be terminated due to:
(i) good cause under Section 62A-11-502; or
(ii) the completion of an obligor's support obligation.
(b) An obligor's payment of overdue child support may not be the sole basis for termination
of income withholding.
(c) After termination of income withholding under this section, a party may seek
reinstatement of income withholding under Section 62A-11-504.
(2) (a) If it is determined that income withholding should be terminated under Subsection
(1)(a)(i), the court shall order written notice of termination be given to each payor within ten days
after receipt of notice of that decision.
(b) The obligee shall give written notice of termination to each payor:
(i) when the obligor no longer owes child support to the obligee; or
(ii) if the obligee and obligor enter into a written agreement that provides an alternative
arrangement, which may be filed with the court.
(3) A notice to withhold income is binding on a payor until the court or the obligee notifies
the payor that his obligation to withhold income has been terminated.
Section 64. Section 62A-11-509 is enacted to read:
62A-11-509. Payor's compliance with income withholding.
(1) Payment by a payor under this part satisfies the terms for payment of income under any
contract between a payor and obligor.
(2) A payor who complies with an income withholding notice that is regular on its face may
not be subject to civil liability to any person for conduct in compliance with the notice.
Section 65. Section 62A-11-510 is enacted to read:
62A-11-510. Violations by payor.
(1) A payor may not discharge, refuse to hire, or discipline any obligor because of a notice
to withhold under this part.
(2) If a payor violates Subsection (1), the payor is liable to the obligor as provided in Section
62A-11-316 and the obligee for the greater of $1,000 or the amount of child support accumulated
to the date of discharge which should have been withheld plus interest on that amount and costs
incurred in collecting the amount, including reasonable attorneys' fees.
Section 66. Section 62A-11-511 is enacted to read:
62A-11-511. Priority of notice or order to withhold income.
The notice to withhold under this part is prior to all other legal collection processes provided
by state law, including garnishment, attachment, execution, and wage assignment.
Section 67. Section 63-2-302 is amended to read:
63-2-302. Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits, social
services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis, condition,
treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received or generated for a Senate or House Ethics Committee concerning any
alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if the
ethics committee meeting was closed to the public;
(e) records received or generated for a Senate confirmation committee concerning character,
professional competence, or physical or mental health of an individual:
(i) if prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or impartial
hearing;
(ii) after the meeting, if the meeting was closed to the public; [
(f) records concerning a current or former employee of, or applicant for employment with,
a governmental entity that would disclose that individual's home address, home telephone number,
social security number, insurance coverage, marital status, or payroll deductions[
(g) that part of a record indicating a person's social security number if provided under
Section 31A-23-202, 31A-26-202, 58-1-301, 61-1-4, or 61-2-6.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment with
a governmental entity, including performance evaluations and personal status information such as
race, religion, or disabilities, but not including records that are public under Subsection
63-2-301(1)(b) or 63-2-301(2)(o), or private under Subsection 63-2-302(1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63-2-301(1);
(ii) information provided to the governmental entity for the purpose of complying with a
financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would conflict
with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a clearly
unwarranted invasion of personal privacy; and
(e) records provided by the United States or by a government entity outside the state that are
given with the requirement that the records be managed as private records, if the providing entity
states in writing that the record would not be subject to public disclosure if retained by it.
Section 68. Section 78-3-21 is amended to read:
78-3-21. Judicial Council -- Creation -- Members -- Terms and election --
Responsibilities -- Reports.
(1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution, shall
be composed of:
(a) the chief justice of the Supreme Court;
(b) one member elected by the justices of the Supreme Court;
(c) one member elected by the judges of the Court of Appeals;
(d) five members elected by the judges of the district courts;
(e) two members elected by the judges of the juvenile courts;
(f) three members elected by the justice court judges; and
(g) a member or ex officio member of the Board of Commissioners of the Utah State Bar
who is an active member of the Bar in good standing elected by the Board of Commissioners.
(2) (a) The chief justice of the Supreme Court shall act as presiding officer of the council
and chief administrative officer for the courts. The chief justice shall vote only in the case of a tie.
(b) All members of the council shall serve for three-year terms. If a council member should
die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent group
shall elect a member to complete the term of office. In courts having more than one member, the
members shall be elected to staggered terms. The person elected to the Judicial Council by the
Board of Commissioners shall be a member or ex officio member of the Board of Commissioners
and an active member of the Bar in good standing at the time the person is elected. The person may
complete a three-year term of office on the Judicial Council even though the person ceases to be a
member or ex officio member of the Board of Commissioners. The person shall be an active
member of the Bar in good standing for the entire term of the Judicial Council.
(c) Elections shall be held under rules made by the Judicial Council.
(3) The council is responsible for the development of uniform administrative policy for the
courts throughout the state. The presiding officer of the Judicial Council is responsible for the
implementation of the policies developed by the council and for the general management of the
courts, with the aid of the administrator. The council has authority and responsibility to:
(a) establish and assure compliance with policies for the operation of the courts, including
uniform rules and forms; and
(b) publish and submit to the governor, the chief justice of the Supreme Court, and the
Legislature an annual report of the operations of the courts, which shall include financial and
statistical data and may include suggestions and recommendations for legislation.
(4) (a) The Judicial Council shall make rules establishing:
(i) standards for judicial competence; and
(ii) a formal program for the evaluation of judicial performance containing the elements of
and meeting the requirements of this subsection.
(b) The Judicial Council shall ensure that the formal judicial performance evaluation
program has improvement in the performance of individual judges, court commissioners, and the
judiciary as its goal.
(c) The Judicial Council shall ensure that the formal judicial performance evaluation
program includes at least all of the following elements:
(i) a requirement that judges complete a certain number of hours of approved judicial
education each year;
(ii) a requirement that each judge certify that he is:
(A) physically and mentally competent to serve; and
(B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
(iii) a requirement that the judge receive a satisfactory score on questions identified by the
Judicial Council as relating to judicial certification on a survey of members of the Bar developed by
the Judicial Council in conjunction with the American Bar Association.
(d) The Judicial Council shall ensure that the formal judicial performance evaluation
program considers at least the following criteria:
(i) integrity;
(ii) knowledge;
(iii) understanding of the law;
(iv) ability to communicate;
(v) punctuality;
(vi) preparation;
(vii) attentiveness;
(viii) dignity;
(ix) control over proceedings; and
(x) skills as a manager.
(e) (i) The Judicial Council shall provide the judicial performance evaluation information
required by Subsection 20A-7-702(2) to the Lieutenant Governor for publication in the voter
information pamphlet.
(ii) Not later than August 1 of the year before the expiration of the term of office of a
municipal court judge, the Judicial Council shall provide the judicial performance evaluation
information required by Subsection 20A-7-702(2) to the appointing authority of a municipal justice
court judge.
(5) The council shall establish standards for the operation of the courts of the state including,
but not limited to, facilities, court security, support services, and staff levels for judicial and support
personnel.
(6) The council shall by rule establish the time and manner for destroying court records,
including computer records, and shall establish retention periods for these records.
(7) (a) Consistent with the requirements of judicial office and security policies, the council
shall establish procedures to govern the assignment of state vehicles to public officers of the judicial
branch.
(b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may
be assigned for unlimited use, within the state only.
(8) (a) The council shall advise judicial officers and employees concerning ethical issues and
shall establish procedures for issuing informal and formal advisory opinions on these issues.
(b) Compliance with an informal opinion is evidence of good faith compliance with the
Code of Judicial Conduct.
(c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
(9) (a) The council shall establish written procedures authorizing the presiding officer of the
council to appoint judges of courts of record by special or general assignment to serve temporarily
in another level of court in a specific court or generally within that level. The appointment shall be
for a specific period and shall be reported to the council.
(b) These procedures shall be developed in accordance with Subsection 78-3-24(10)
regarding temporary appointment of judges.
(10) The Judicial Council may by rule designate municipalities in addition to those
designated by statute as a location of a trial court of record. There shall be at least one court clerk's
office open during regular court hours in each county. Any trial court of record may hold court in
any municipality designated as a location of a court of record.
(11) The Judicial Council shall by rule determine whether the administration of a court shall
be the obligation of the administrative office of the courts or whether the administrative office of the
courts should contract with local government for court support services.
(12) The Judicial Council may by rule direct that a district or circuit court location be
administered from another court location within the county.
(13) The Judicial Council shall establish and supervise the Office of Guardian Ad Litem
Director, in accordance with the provisions of Sections 78-3a-911 and 78-3a-912, and assure
compliance of the guardian ad litem program with state and federal law, regulation, and policy, and
court rules.
(14) The Judicial Council shall establish and maintain, in cooperation with the Office of
Recovery Services within the Department of Human Services, the part of the state case registry that
contains records of each support order established or modified in the state on or after October 1,
1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec. 654A.
Section 69. Section 78-32-17 is amended to read:
78-32-17. Noncompliance with child support order.
(1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to
an action under Title 63, Chapter 46b, Administrative Procedures Act, makes an order requiring a
parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care
for his child, proof that such order was made, filed with the district court, and mailed to the parent
at his last-known address as shown on the court records or proof that the parent was present in court
at the time the order was pronounced, and proof of noncompliance therewith shall be prima facie
evidence of a contempt of court.
(2) Upon establishment of a prima facie case of contempt under Subsection (1), the obligor
under the child support order has the burden of proving inability to comply with the child support
order.
(3) [
licenses, professional and occupational licenses, and recreational licenses and impose conditions for
reinstatement upon a finding that:
[
(a) an obligor has:
(i) made no payment for 60 days on a current obligation of support as set forth in an
administrative or court order and, thereafter, has failed to make a good faith effort under the
circumstances to make payment on the support obligation in accordance with the order; or
(ii) made no payment for 60 days on an arrearage obligation of support as set forth in a
payment schedule, written agreement with the Office of Recovery Services, or an administrative or
judicial order and, thereafter, has failed to make a good faith effort under the circumstances to make
payment on the arrearage obligation in accordance with the payment schedule, agreement, or order;
and
(iii) not obtained a judicial order staying enforcement of the support or arrearage obligation
for which the obligor would be otherwise delinquent;
(b) a custodial parent has:
(i) violated a child visitation order by denying contact for 60 days between a noncustodial
parent and a child and, thereafter, has failed to make a good faith effort under the circumstances to
comply with a visitation order; and
(ii) not obtained a judicial order staying enforcement of the visitation order; or
(c) an obligor or obligee, after receiving appropriate notice, has failed to comply with a
subpoena or order relating to a paternity or child support proceeding.
Section 70. Section 78-45-2 is amended to read:
78-45-2. Definitions.
As used in this chapter:
(1) "Adjusted gross income" means income calculated under Subsection 78-45-7.6(1).
(2) "Administrative agency" means the Office of Recovery Services or the Department of
Human Services.
(3) "Administrative order" means an order that has been issued by the Office of Recovery
Services, the Department of Human Services, or an administrative agency of another state or other
comparable jurisdiction with similar authority to that of the office.
[
using the guidelines before additions for medical expenses and work-related child care costs.
[
support obligation table," "low income table," or "table" means the appropriate table in Section
78-45-7.14.
[
(a) a son or daughter [
otherwise emancipated, self-supporting, married, or a member of the armed forces of the United
States;
(b) a son or daughter over the age of 18 years, while enrolled in high school during the
normal and expected year of graduation and not otherwise emancipated, self-supporting, married,
or a member of the armed forces of the United States; or
(c) a son or daughter of any age who is incapacitated from earning a living and is without
sufficient means.
(7) "Child support" is defined in Section 62A-11-401.
(8) "Child support order" or "support order" is defined in Section 62A-11-401.
[
[
[
78-45-7.21.
(11) "Income" is defined in Section 62A-11-303.
[
[
more than 25% of the year, and both parents contribute to the expenses of the child in addition to
paying child support.
[
costs.
[
Section 62A-11-103.
[
[
Services.
[
[
children.
[
District of Columbia, and the Commonwealth of Puerto Rico.
[
[
custodial parent who is not the child's natural or adoptive parent or a person living with the natural
or adoptive parent as a common law spouse, whose common law marriage was entered into in this
state under Section 30-1-4.5 or in any other state which recognizes the validity of common law
marriages.
[
full-time work week or training schedule as necessitated by the employment or training of [
[
award.
Section 71. Section 78-45-7 is amended to read:
78-45-7. Determination of amount of support -- Rebuttable guidelines.
(1) (a) Prospective support shall be equal to the amount granted by prior court order unless
there has been a [
or adjustment under Subsection 78-45-7.2(6) has been made.
(b) If the prior court order contains a stipulated provision for the automatic adjustment for
prospective support, the prospective support shall be the amount as stated in the order, without a
showing of a material change of circumstances, if the stipulated provision:
(i) is clear and unambiguous;
(ii) is self-executing;
(iii) provides for support which equals or exceeds the base child support award required by
the guidelines; and
(iv) does not allow a decrease in support as a result of the obligor's voluntary reduction of
income.
(2) If no prior court order exists, [
occurred, or a petition to modify an order under Subsection 78-45-7.2(6) has been filed, the court
determining the amount of prospective support shall require each party to file a proposed award of
child support using the guidelines before an order awarding child support or modifying an existing
award may be granted.
(3) If the court finds sufficient evidence to rebut the guidelines, the court shall establish
support after considering all relevant factors, including but not limited to:
(a) the standard of living and situation of the parties;
(b) the relative wealth and income of the parties;
(c) the ability of the obligor to earn;
(d) the ability of the obligee to earn;
(e) the needs of the obligee, the obligor, and the child;
(f) the ages of the parties; and
(g) the responsibilities of the obligor and the obligee for the support of others.
(4) When no prior court order exists, the court shall determine and assess all arrearages
based upon the Uniform Child Support Guidelines described in this chapter.
Section 72. Section 78-45-7.2 is amended to read:
78-45-7.2. Application of guidelines -- Rebuttal.
(1) The guidelines apply to any judicial or administrative order establishing or modifying
an award of child support entered on or after July 1, 1989.
(2) (a) The child support guidelines shall be applied as a rebuttable presumption in
establishing or modifying the amount of temporary or permanent child support.
(b) The rebuttable presumption means the provisions and considerations required by the
guidelines, the award amounts resulting from the application of the guidelines, and the use of
worksheets consistent with these guidelines are presumed to be correct, unless rebutted under the
provisions of this section.
(3) A written finding or specific finding on the record supporting the conclusion that
complying with a provision of the guidelines or ordering an award amount resulting from use of the
guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular case is
sufficient to rebut the presumption in that case.
(4) (a) Natural or adoptive children of either parent who live in the home of that parent and
are not children in common to both parties may at the option of either party be taken into account
under the guidelines in setting or modifying a child support award, as provided in Subsection (5).
(b) Additional worksheets shall be prepared that compute the obligations of the respective
parents for the additional children. The obligations shall then be subtracted from the appropriate
parent's income before determining the award in the instant case.
(5) In a proceeding to modify an existing award, consideration of natural or adoptive
children other than those in common to both parties may be applied to mitigate an increase in the
award but may not be applied to justify a decrease in the award.
[
(6) (a) If a child support order has not been issued or modified within the previous three
years, a parent, legal guardian, or the office may petition the court to adjust the amount of a child
support order.
(b) Upon receiving a petition under Subsection (6)(a), the court shall, taking into account
the best interests of the child, determine whether there is a difference between the amount ordered
and the amount that would be required under the guidelines. If there is a difference of 10% or more
and the difference is not of a temporary nature, the court shall adjust the amount to that which is
provided for in the guidelines.
(c) A showing of a substantial change in circumstances is not necessary for an adjustment
under Subsection (6)(b).
(7) (a) A parent, legal guardian, or the office may at any time petition the court to adjust the
amount of a child support order if there has been a substantial change in circumstances.
(b) For purposes of Subsection (7)(a), a substantial change in circumstances may include:
(i) material changes in custody;
(ii) material changes in the relative wealth or assets of the parties;
(iii) material changes of 30% or more in the income of a parent;
(iv) material changes in the ability of a parent to earn;
(v) material changes in the medical needs of the child; and
(vi) material changes in the legal responsibilities of either parent for the support of others.
(c) Upon receiving a petition under Subsection (7)(a), the court shall, taking into account
the best interests of the child, determine whether a substantial change has occurred. If it has, the
court shall then determine whether the change results in a difference of 15% or more between the
amount of child support ordered and the amount that would be required under the guidelines. If
there is such a difference and the difference is not of a temporary nature, the court shall adjust the
amount of child support ordered to that which is provided for in the guidelines.
(8) Notice of the opportunity to adjust a support order under Subsections (6) and (7) shall
be included in each child support order issued or modified after July 1, 1997.
Section 73. Section 78-45-7.22 is enacted to read:
78-45-7.22. Social security number in court records.
The social security number of any individual who is subject to a support order shall be placed
in the records relating to the matter.
Section 74. Section 78-45a-2 is amended to read:
78-45a-2. Determination of paternity -- Effect -- Enforcement.
(1) Paternity may be determined upon:
(a) the petition of the mother, child, putative father, or the [
(b) a voluntary declaration of paternity executed in accordance with Title 78, Chapter 45e,
Voluntary Declaration of Paternity Act.
(2) If paternity has been determined or has been acknowledged according to the laws of this
state or any other state, the liabilities of the father may be enforced in the same or other proceedings
by:
(a) the mother, child, the Office of Recovery Services, or the public authority that has
furnished or may furnish the reasonable expenses of pregnancy, confinement, education, necessary
support, or funeral expenses; and
(b) other persons including private agencies to the extent that they have furnished the
reasonable expenses of pregnancy, confinement, education, necessary support, or funeral expenses.
(3) An adjudication of paternity or a voluntary declaration executed in accordance with Title
78, Chapter 45e, Voluntary Declaration of Paternity Act, shall be filed with the state registrar in
accordance with Section 26-2-5.
(4) A party to an action under this chapter has a continuing obligation to keep the court
informed of the party's current address.
Section 75. Section 78-45a-5 is amended to read:
78-45a-5. Remedies.
(1) The district court has jurisdiction of an action to establish paternity. All remedies for
enforcement of judgments for expenses of pregnancy and confinement for a wife or for education,
necessary support, or funeral expenses for legitimate children shall apply. The court has continuing
jurisdiction to modify or revoke a judgment for future education and necessary support. All
remedies under Title [
Family Support Act, are available for enforcement of duties of support under this [
(2) (a) The obligee may enforce his right of support against the obligor and the [
provisions of Title 62A, Chapter 11, Recovery Services, to enforce that right of support against the
obligor.
(b) The provisions of Title 62A, Chapter 11, Recovery Services, apply in all actions by the
[
(c) Whenever the [
duty of the attorney general or the county attorney of the county where the obligee resides to
represent the [
has an attorney-client relationship with the obligee or the obligor, in carrying out his responsibilities
under this chapter.
(3) Upon motion by a party, the court shall issue a temporary order in a paternity action to
require the payment of child support pending a determination of paternity if there is clear and
convincing evidence of paternity in the form of genetic test results under Section 78-45a-7 or
78-45a-10, or other evidence.
[
manner prescribed by Section 30-3-3 upon a judgment or acknowledgment of paternity.
[
[
Section 76. Section 78-45a-6.5 is amended to read:
78-45a-6.5. Standard of proof.
[
[
[
evidence."
Section 77. Section 78-45a-7 is amended to read:
78-45a-7. Authority for genetic testing.
(1) Upon motion of any party to the action, made at a time so as not to delay the proceedings
unduly, the court shall order the mother, the child, and the alleged father to submit to genetic testing
if the request is supported by a sworn statement by the requesting party:
(a) alleging paternity and setting forth facts establishing a reasonable possibility of the
requisite sexual contact between the parties; or
(b) denying paternity and setting forth facts establishing a reasonable possibility of the
nonexistence of sexual contact between the parties.
(2) The court may, upon its own initiative [
genetic testing.
(3) (a) The court shall order genetic testing:
(i) of a type generally acknowledged as reliable by accreditation bodies designated by the
federal Secretary of Health and Human Services; and
(ii) to be performed by a laboratory approved by such an accreditation body.
(b) Except as provided in Subsection (6), the cost of genetic testing shall be paid by the party
who requested it or shared between the parties if requested by the court, subject to recoupment
against the party who challenges the existence or nonexistence of paternity if the result of the genetic
test is contrary to the position of the challenger.
(4) Upon request by a party, a court may order a second genetic test that complies with
Subsection (3) if paid for in advance by the requesting party and requested within 15 days of the
result of the first genetic test being sent to the last-known address on file under Section 78-45a-2.
[
the question of paternity against that party, or may enforce its order if the rights of others and the
interests of justice so require.
(6) The office may request genetic testing under this section and shall pay for genetic testing
it requests subject to recoupment as provided in Section 62A-11-304.1.
Section 78. Section 78-45a-10 is repealed and reenacted to read:
78-45a-10. Effect of genetic test results.
(1) Genetic test results shall be admissible as evidence of paternity without the need for
foundation testimony or other proof of authenticity or accuracy if:
(a) of a type generally acknowledged as reliable by accreditation bodies designated by the
federal Secretary of Health and Human Services;
(b) performed by a laboratory approved by such an accreditation body; and
(c) not objected to with particularity and in writing within 15 days after the written test
results being sent to the parties.
(2) (a) Upon a motion of a party, a court may receive testimony from genetic testing experts
and others involved in conducting the genetic tests if the testimony:
(i) is based on a genetic test performed in accordance with Subsection 78-45a-7(3)(a) or
78-45a-7(4); and
(ii) is useful to the court in determining paternity.
(b) Unless a party objects with particularity and in writing within 15 days after the written
test results are sent to the last-known address of that party on file under Section 78-45a-2, testimony
received under Subsection (2)(a) shall be in affidavit form.
(3) (a) A man is presumed to be the natural father of a child if genetic testing results in a
paternity index of at least 150.
(b) A presumption under Subsection (3)(a) may only be rebutted by a second genetic test:
(i) that complies with Subsection 78-45a-7(4); and
(ii) results in an exclusion.
(4) If a presumption of paternity established under Subsection (1) is not rebutted by a second
genetic test under Subsection (2), the court shall issue an order establishing paternity.
(5) Bills for pregnancy, childbirth, and genetic testing are admissible as evidence without
requiring third-party foundation testimony and shall constitute prima facie evidence of amounts
incurred for such services or for testing on behalf of the child.
Section 79. Section 78-45a-11.5 is enacted to read:
78-45a-11.5. Social security number in court records.
The social security number of any individual who is subject to a paternity determination shall
be placed in the records relating to the matter.
Section 80. Section 78-45e-2 is amended to read:
78-45e-2. Voluntary declaration of paternity.
(1) (a) A voluntary declaration of paternity filed in compliance with this chapter establishes
a father-child relationship identical to the relationship established when a child is born to persons
married to each other.
(b) When a voluntary declaration of paternity is filed, the liabilities of the father include, but
are not limited to, the reasonable expense of the mother's pregnancy and confinement and for the
education, necessary support, and any funeral expenses for the child.
(c) When a father voluntarily declares paternity, his liability for past amounts due is limited
to a period of four years immediately preceding the date that the voluntary declaration of paternity
was filed.
(2) When a voluntary declaration of paternity is filed it shall be recognized as a basis for a
child support order without any further requirement or proceeding regarding the establishment of
paternity.
(3) The voluntary declaration of paternity may be completed and signed any time after the
birth of the child. A voluntary declaration of paternity may not be executed or filed after consent
to or relinquishment for adoption has been signed.
(4) The voluntary declaration of paternity shall become an amendment to the original birth
certificate. The original certificate and the declaration shall be marked so as to be distinguishable.
The declaration may be included as part of subsequently issued certified copies of the birth
certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
information and the date of amendment only.
(5) The voluntary declaration of paternity shall be in the form prescribed by the state
registrar of vital statistics and shall be accompanied with an explanation of the alternatives to, the
legal consequences of, and the rights and responsibilities that arise from signing the declaration.
(6) The social security number of any person who is subject to a voluntary declaration of
paternity shall be placed in the records relating to the matter.
Section 81. Section 78-45e-3 is amended to read:
78-45e-3. Requirements for filing.
A voluntary declaration of paternity may not be filed with the state registrar unless the
declaration:
(1) is signed by the birth mother and biological father, and by the legal guardian or a parent
of a biological father who is under 18 years of age; [
(2) includes a jurat, as defined in Section 46-1-2, for the biological mother and father, and
an acknowledgment, as defined in Section 46-1-2 for a guardian or parent who may be required to
sign the declaration[
(3) the mother and alleged father have been given notice, orally and in writing, of the
alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing
the declaration.
Section 82. Section 78-45e-4 is amended to read:
78-45e-4. Rescission of the declaration.
[
[
[
[
(1) A signed voluntary declaration of paternity is a legal finding of paternity, subject to the
right of any signatory to rescind the acknowledgment within the earlier of:
(a) 60 days of signing; or
(b) the date of an administrative or judicial proceeding relating to the child, including a
proceeding to establish a support order, in which the signatory is a party.
(2) (a) After the period referred to in Subsection (1), a signed voluntary declaration of
paternity may be challenged in court only on the grounds of fraud, duress, or material mistake of
fact, with the burden of proof on the challenger.
(b) The legal responsibilities, including child support, of any signatory arising from the
declaration may not be suspended during a challenge under Subsection (2)(a), except for good cause
shown.
[
and obligation with regard to genetic testing as is provided in Section 78-45a-7.
[
effect during the pendency of any proceeding under this section, and until a final order of the court
rescinding the voluntary declaration.
[
support he provided for the child before entry of the order of rescission.
Section 83. Section 78-45f-100, which is renumbered from Section 77-31a-100 is
renumbered and amended to read:
[
This chapter is known as the "Uniform Interstate Family Support Act."
Section 84. Section 78-45f-101, which is renumbered from Section 77-31a-101 is
renumbered and amended to read:
[
In this chapter:
(1) "Child" means an individual, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or imposable by law to provide support
for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(4) "Home state" means the state in which a child lived with a parent or a person acting as
parent for at least six consecutive months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six months old, the state in which the
child lived from birth with any of them. A period of temporary absence of any of them is counted
as part of the six-month or other period.
(5) "Income" includes earnings or other periodic entitlements to money from any source and
any other property subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or notice directed to an obligor's employer
directing the employer to withhold support from the income of the obligor in accordance with Title
62A, Chapter 11, Part 4[
(7) "Initiating state" means a state [
a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure
substantially similar to this chapter [
of Support Act, [
Enforcement of Support Act.
(8) "Initiating tribunal" means the authorized tribunal in an initiating state.
(9) "Issuing state" means the state in which a tribunal issues a support order or renders a
judgment determining parentage.
(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment
determining parentage.
(11) "Law" includes decisional and statutory law and rules and regulations having the force
of law.
(12) "Obligee" means:
(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a
support order has been issued or a judgment determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a duty of support or support
order have been assigned or which has independent claims based on financial assistance provided
to an individual obligee; or
(c) an individual seeking a judgment determining parentage of the individual's child.
(13) "Obligor" means an individual, or the estate of a decedent who:
(a) owes or is alleged to owe a duty of support;
(b) is alleged but has not been adjudicated to be a parent of a child; or
(c) is liable under a support order.
(14) "Register" means to file a support order or judgment determining parentage in the
district court.
(15) "Registering tribunal" means a tribunal in which a support order is registered.
(16) "Responding state" means a state [
proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure
substantially similar to this chapter [
of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(17) "Responding tribunal" means the authorized tribunal in a responding state.
(18) "Spousal-support order" means a support order for a spouse or former spouse of the
obligor.
(19) "State" means a state of the United States, the District of Columbia, [
possession subject to the jurisdiction of the United States. The term [
and [
enforcement of support orders which are substantially similar to the procedures under this chapter.
(20) "Support enforcement agency" means a public official or agency authorized to seek:
(a) enforcement of support orders or laws relating to the duty of support;
(b) establishment or modification of child support;
(c) determination of parentage; or
(d) to locate obligors or their assets.
(21) "Support order" means a judgment, decree, or order, whether temporary, final, or
subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for
monetary support, health care, arrearages, or reimbursement, and may include related costs and fees,
interest, income withholding, attorney's fees, and other relief.
(22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to
establish, enforce, or modify support orders or to determine parentage.
Section 85. Section 78-45f-102, which is renumbered from Section 77-31a-102 is
renumbered and amended to read:
[
The district court and the Department of Human Services are the tribunals of this state.
Section 86. Section 78-45f-103, which is renumbered from Section 77-31a-103 is
renumbered and amended to read:
[
Remedies provided by this chapter are cumulative and do not affect the availability of
remedies under other law.
Section 87. Section 78-45f-201, which is renumbered from Section 77-31a-201 is
renumbered and amended to read:
[
In a proceeding to establish, enforce, or modify a support order or to determine parentage,
a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the
individual's guardian or conservator, if:
(1) the individual is personally served with notice within this state;
(2) the individual submits to the jurisdiction of this state by consent, by entering a general
appearance, or by filing a responsive document having the effect of waiving any contest to personal
jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support for the
child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been
conceived by that act of intercourse;
(7) the individual asserted parentage in the putative father registry maintained in this state
by the state registrar of vital records in the Department of Health pursuant to Title 78, Chapter 30,
Adoption; or
(8) there is any other basis consistent with the constitutions of this state and the United
States for the exercise of personal jurisdiction.
Section 88. Section 78-45f-202, which is renumbered from Section 77-31a-202 is
renumbered and amended to read:
[
nonresident.
A tribunal of this state exercising personal jurisdiction over a nonresident under Section
[
another state, and Section [
state. In all other respects, Parts 3, 4, 5, 6, and 7 do not apply and the tribunal shall apply the
procedural and substantive law of this state, including the rules on choice of law other than those
established by this chapter.
Section 89. Section 78-45f-203, which is renumbered from Section 77-31a-203 is
renumbered and amended to read:
[
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward
proceedings to another state and as a responding tribunal for proceedings initiated in another state.
Section 90. Section 78-45f-204, which is renumbered from Section 77-31a-204 is
renumbered and amended to read:
[
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the
petition is filed after a petition or comparable pleading is filed in another state only:
(a) if the petition in this state is filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
(b) if the contesting party timely challenges the exercise of jurisdiction in the other state; and
(c) if relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the
petition is filed before a petition or comparable pleading is filed in another state:
(a) if the petition or comparable pleading in the other state is filed before the expiration of
the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction
by this state;
(b) if the contesting party timely challenges the exercise of jurisdiction in this state; and
(c) if relevant, the other state is the home state of the child.
Section 91. Section 78-45f-205, which is renumbered from Section 77-31a-205 is
renumbered and amended to read:
[
(1) A tribunal of this state issuing a support order consistent with the law of this state has
continuing, exclusive jurisdiction over a child support order:
(a) as long as this state remains the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued; or
(b) until [
[
and assume continuing, exclusive jurisdiction.
(2) A tribunal of this state issuing a child support order consistent with the law of this state
may not exercise its continuing jurisdiction to modify the order if the order has been modified by
a tribunal of another state pursuant to a law substantially similar to this chapter.
(3) If a child support order of this state is modified by a tribunal of another state pursuant
to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive
jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:
(a) enforce the order that was modified as to amounts accruing before the modification;
(b) enforce nonmodifiable aspects of that order; and
(c) provide other appropriate relief for violations of that order which occurred before the
effective date of the modification.
(4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal
of another state which has issued a child support order pursuant to a law substantially similar to this
chapter.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(6) A tribunal of this state issuing a support order consistent with the law of this state has
continuing, exclusive jurisdiction over a spousal support order throughout the existence of the
support obligation. A tribunal of this state may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive jurisdiction over that order under the law of
that state.
Section 92. Section 78-45f-206, which is renumbered from Section 77-31a-206 is
renumbered and amended to read:
[
tribunal having continuing jurisdiction.
(1) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another
state to enforce or modify a support order issued in that state.
(2) A tribunal of this state having continuing, exclusive jurisdiction over a support order may
act as a responding tribunal to enforce or modify the order. If a party subject to the continuing,
exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings
the tribunal may apply Section [
Section [
(3) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal
support order may not serve as a responding tribunal to modify a spousal support order of another
state.
Section 93. Section 78-45f-207, which is renumbered from Section 77-31a-207 is
renumbered and amended to read:
[
[
[
[
[
[
[
(1) If a proceeding is brought under this chapter and only one tribunal has issued a child
support order, the order of that tribunal controls and must be so recognized.
(2) If a proceeding is brought under this chapter, and two or more child support orders have
been issued by tribunals of this state or another state with regard to the same obligor and child, a
tribunal of this state shall apply the following rules in determining which order to recognize for
purposes of continuing, exclusive jurisdiction:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls and must be so recognized.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, an order issued by a tribunal in the current home state of the child controls and must be so
recognized, but if an order has not been issued in the current home state of the child, the order most
recently issued controls and must be so recognized.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter,
the tribunal of this state having jurisdiction over the parties shall issue a child support order, which
controls and must be so recognized.
(3) If two or more child support orders have been issued for the same obligor and child and
if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state
to determine which order controls and must be so recognized under Subsection (2). The request
must be accompanied by a certified copy of every support order in effect. The requesting party shall
give notice of the request to each party whose rights may be affected by the determination.
(4) The tribunal that issued the controlling order under Subsection (1), (2), or (3) is the
tribunal that has continuing, exclusive jurisdiction under Section 78-45f-205.
(5) A tribunal of this state which determines by order the identity of the controlling order
under Subsection (2)(a) or (b) or which issues a new controlling order under Subsection (2)(c) shall
state in that order the basis upon which the tribunal made its determination.
(6) Within 30 days after issuance of an order determining the identity of the controlling
order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or
registered an earlier order of child support. A party who obtains the order and fails to file a certified
copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The
failure to file does not affect the validity or enforceability of the controlling order.
Section 94. Section 78-45f-208, which is renumbered from Section 77-31a-208 is
renumbered and amended to read:
[
obligees.
In responding to multiple registrations or petitions for enforcement of two or more child
support orders in effect at the same time with regard to the same obligor and different individual
obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall
enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of
this state.
Section 95. Section 78-45f-209, which is renumbered from Section 77-31a-209 is
renumbered and amended to read:
[
Amounts collected and credited for a particular period pursuant to a support order issued by
a tribunal of another state must be credited against the amounts accruing or accrued for the same
period under a support order issued by the tribunal of this state.
Section 96. Section 78-45f-301, which is renumbered from Section 77-31a-301 is
renumbered and amended to read:
[
(1) Except as otherwise provided in this chapter, this part applies to all proceedings under
this chapter.
(2) This chapter provides for the following proceedings:
(a) establishment of an order for spousal support or child support pursuant to Part 4;
(b) enforcement of a support order and income-withholding order of another state without
registration pursuant to Part 5;
(c) registration of an order for spousal support or child support of another state for
enforcement pursuant to Part 6;
(d) modification of an order for child support or spousal support issued by a tribunal of this
state pursuant to Sections [
78-45f-205, and [
(e) registration of an order for child support of another state for modification pursuant to Part
6;
(f) determination of parentage pursuant to Part 7; and
(g) assertion of jurisdiction over nonresidents pursuant to Sections [
and [
(3) An individual petitioner or a support enforcement agency may commence a proceeding
authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a
responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another
state which has or can obtain personal jurisdiction over the respondent.
Section 97. Section 78-45f-302, which is renumbered from Section 77-31a-302 is
renumbered and amended to read:
[
A minor parent, or a guardian or other legal representative of a minor parent, may maintain
a proceeding on behalf of or for the benefit of the minor's child.
Section 98. Section 78-45f-303, which is renumbered from Section 77-31a-303 is
renumbered and amended to read:
[
Except as otherwise provided by this chapter, a responding tribunal of this state shall:
(1) apply the procedural and substantive law, including the rules on choice of law, generally
applicable to similar proceedings originating in this state and may exercise all powers and provide
all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and
support guidelines of this state.
Section 99. Section 78-45f-304, which is renumbered from Section 77-31a-304 is
renumbered and amended to read:
[
(1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state
shall forward three copies of the petition and its accompanying documents:
[
responding state; or
[
of the responding state with a request that they be forwarded to the appropriate tribunal and that
receipt be acknowledged.
(2) If a responding state has not enacted this chapter or a law or procedure substantially
similar to this chapter, a tribunal of this state may issue a certificate or other document and make
findings required by the law of the responding state. If the responding state is a foreign jurisdiction,
the tribunal may specify the amount of support sought and provide the other documents necessary
to satisfy the requirements of the responding state.
Section 100. Section 78-45f-305, which is renumbered from Section 77-31a-305 is
renumbered and amended to read:
[
(1) When a responding tribunal of this state receives a petition or comparable pleading from
an initiating tribunal or directly pursuant to Subsection [
cause the petition or pleading to be filed and notify the petitioner [
when it was filed.
(2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one
or more of the following:
(a) issue or enforce a support order, modify a child support order, or render a judgment to
determine parentage;
(b) order an obligor to comply with a support order, specifying the amount and the manner
of compliance;
(c) order income withholding;
(d) determine the amount of any arrearages and specify a method of payment;
(e) enforce orders by civil or criminal contempt, or both;
(f) set aside property for satisfaction of the support order;
(g) place liens and order execution on the obligor's property;
(h) order an obligor to keep the tribunal informed of the obligor's current residential address,
telephone number, employer, address of employment, and telephone number at the place of
employment;
(i) issue a bench warrant for an obligor who has failed after proper notice to appear at a
hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems
for criminal warrants;
(j) order the obligor to seek appropriate employment by specified methods;
(k) award reasonable attorneys' fees and other fees and costs; and
(l) grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order issued under this
chapter, or in the documents accompanying the order, the calculations on which the support order
is based.
(4) A responding tribunal of this state may not condition the payment of a support order
issued under this chapter upon compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall
send a copy of the order [
tribunal, if any.
Section 101. Section 78-45f-306, which is renumbered from Section 77-31a-306 is
renumbered and amended to read:
[
If a petition or comparable pleading is received by an inappropriate tribunal of this state, it
shall forward the pleading and accompanying documents to an appropriate tribunal in this state or
another state and notify the petitioner [
Section 102. Section 78-45f-307, which is renumbered from Section 77-31a-307 is
renumbered and amended to read:
[
(1) A support enforcement agency of this state, upon request, shall provide services to a
petitioner in a proceeding under this chapter.
(2) A support enforcement agency that is providing services to the petitioner as appropriate
shall:
(a) take all steps necessary to enable an appropriate tribunal in this state or another state to
obtain jurisdiction over the respondent;
(b) request an appropriate tribunal to set a date, time, and place for a hearing;
(c) make a reasonable effort to obtain all relevant information, including information as to
income and property of the parties;
(d) within [
of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice
[
(e) within [
of a written communication from the respondent or the respondent's attorney, send a copy of the
communication [
(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) This chapter does not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the agency and the
individual being assisted by the agency.
Section 103. Section 78-45f-308, which is renumbered from Section 77-31a-308 is
renumbered and amended to read:
[
If the attorney general determines that the support enforcement agency is neglecting or
refusing to provide services to an individual, the attorney general may order the agency to perform
its duties under this chapter or may provide those services directly to the individual.
Section 104. Section 78-45f-309, which is renumbered from Section 77-31a-309 is
renumbered and amended to read:
[
An individual may employ private counsel to represent the individual in proceedings
authorized by this chapter.
Section 105. Section 78-45f-310, which is renumbered from Section 77-31a-310 is
renumbered and amended to read:
[
(1) The Office of Recovery Services is the state information agency under this chapter.
(2) The state information agency shall:
(a) compile and maintain a current list, including addresses, of the tribunals in this state
which have jurisdiction under this chapter and any support enforcement agencies in this state and
transmit a copy to the state information agency of every other state;
(b) maintain a register of tribunals and support enforcement agencies received from other
states;
(c) forward to the appropriate tribunal in the place in this state in which the individual
obligee or the obligor resides, or in which the obligor's property is believed to be located, all
documents concerning a proceeding under this chapter received from an initiating tribunal or the
state information agency of the initiating state; and
(d) obtain information concerning the location of the obligor and the obligor's property
within this state not exempt from execution, by such means as postal verification and federal or state
locator services, examination of telephone directories, requests for the obligor's address from
employers, and examination of governmental records, including, to the extent not prohibited by law,
those relating to real property, vital records, law enforcement, taxation, motor vehicles, driver's
licenses, and Social Security number.
Section 106. Section 78-45f-311, which is renumbered from Section 77-31a-311 is
renumbered and amended to read:
[
(1) A petitioner seeking to establish or modify a support order or to determine parentage in
a proceeding under this chapter must verify the petition. Unless otherwise ordered under Section
[
the name, residential address, and Social Security numbers of the obligor and the obligee, and the
name, sex, residential address, Social Security number, and date of birth of each child for whom
support is sought. The petition must be accompanied by a certified copy of any support order in
effect. The petition may include any other information that may assist in locating or identifying the
respondent.
(2) The petition must specify the relief sought. The petition and accompanying documents
must conform substantially with the requirements imposed by the forms mandated by federal law
for use in cases filed by a support enforcement agency.
Section 107. Section 78-45f-312, which is renumbered from Section 77-31a-312 is
renumbered and amended to read:
[
circumstances.
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or
child would be unreasonably put at risk by the disclosure of identifying information, or if an existing
order so provides, a tribunal shall order that the address of the child or party or other identifying
information not be disclosed in a pleading or other document filed in a proceeding under this chapter.
Section 108. Section 78-45f-313, which is renumbered from Section 77-31a-313 is
renumbered and amended to read:
[
(1) The petitioner may not be required to pay a filing fee or other costs.
(2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees,
reasonable attorneys' fees, other costs, and necessary travel and other reasonable expenses incurred
by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses
against the obligee or the support enforcement agency of either the initiating or the responding state,
except as provided by law. Attorney's fees may be taxed as costs, and may be ordered paid directly
to the attorney, who may enforce the order in the attorney's own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.
(3) The tribunal shall order the payment of costs and reasonable attorneys' fees if it
determines that a hearing was requested primarily for delay. In a proceeding under Part 6 a hearing
is presumed to have been requested primarily for delay if a registered support order is confirmed or
enforced without change.
Section 109. Section 78-45f-314, which is renumbered from Section 77-31a-314 is
renumbered and amended to read:
[
(1) Participation by a petitioner in a proceeding before a responding tribunal, whether in
person, by private attorney, or through services provided by the support enforcement agency, does
not confer personal jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this
state to participate in a proceeding under this chapter.
(3) The immunity granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding under this chapter committed by a party while present in this state to
participate in the proceeding.
Section 110. Section 78-45f-315, which is renumbered from Section 77-31a-315 is
renumbered and amended to read:
[
A party whose parentage of a child has been previously determined by or pursuant to law
may not plead nonparentage as a defense to a proceeding under this chapter.
Section 111. Section 78-45f-316 is enacted to read:
78-45f-316. Special rules of evidence and procedure.
(1) The physical presence of the petitioner in a responding tribunal of this state is not
required for the establishment, enforcement, or modification of a support order or the rendition of
a judgment determining parentage.
(2) A verified petition, affidavit, or document substantially complying with federally
mandated forms, and a document incorporated by reference in any of them, not excluded under the
hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness
residing in another state.
(3) A copy of the record of child support payments certified as a true copy of the original
by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of
facts asserted in it and is admissible to show whether payments were made.
(4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the
mother and child, furnished to the adverse party at least ten days before trial, are admissible in
evidence to prove the amount of the charges billed and that the charges were reasonable, necessary,
and customary.
(5) Documentary evidence transmitted from another state to a tribunal of this state by
telephone, telecopier, or other means that do not provide an original writing may not be excluded
from evidence on an objection based on the means of transmission.
(6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness
residing in another state to be deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that state. A tribunal of this state shall
cooperate with tribunals of other states in designating an appropriate location for the deposition or
testimony.
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(8) A privilege against disclosure of communications between spouses does not apply in a
proceeding under this chapter.
(9) The defense of immunity based on the relationship of husband and wife or parent and
child does not apply in a proceeding under this chapter.
Section 112. Section 78-45f-317, which is renumbered from Section 77-31a-317 is
renumbered and amended to read:
[
A tribunal of this state may communicate with a tribunal of another state in writing, or by
telephone or other means, to obtain information concerning the laws of that state, the legal effect of
a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A
tribunal of this state may furnish similar information by similar means to a tribunal of another state.
Section 113. Section 78-45f-318, which is renumbered from Section 77-31a-318 is
renumbered and amended to read:
[
A tribunal of this state may:
(1) request a tribunal of another state to assist in obtaining discovery; and
(2) upon request, compel a person over whom it has jurisdiction to respond to a discovery
order issued by a tribunal of another state.
Section 114. Section 78-45f-319, which is renumbered from Section 77-31a-319 is
renumbered and amended to read:
[
A support enforcement agency or tribunal of this state shall disburse promptly any amounts
received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish
to a requesting party or tribunal of another state a certified statement by the custodian of the record
of the amounts and dates of all payments received.
Section 115. Section 78-45f-401, which is renumbered from Section 77-31a-401 is
renumbered and amended to read:
[
(1) If a support order entitled to recognition under this chapter has not been issued, a
responding tribunal of this state may issue a support order if:
(a) the individual seeking the order resides in another state; or
(b) the support enforcement agency seeking the order is located in another state.
(2) The tribunal may issue a temporary child support order if:
(a) the respondent has signed a verified statement acknowledging parentage;
(b) the respondent has been determined by or pursuant to law to be the parent; or
(c) there is other clear and convincing evidence that the respondent is the child's parent.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue other orders
pursuant to Section [
Section 116. Section 78-45f-501, which is renumbered from Section 77-31a-501 is
renumbered and amended to read:
[
another state.
[
to the person or entity defined as the obligor's employer under Title 62A, Chapter 11, Part 4, Income
Withholding, without first filing a petition or comparable pleading or registering the order with a
tribunal of this state. [
[
[
[
[
[
[
Section 117. Section 78-45f-502 is enacted to read:
78-45f-502. Employers's compliance with income withholding of another state.
(1) Upon receipt of an income withholding order, the obligor's employer shall immediately
provide a copy of the order to the obligor.
(2) The employer shall treat an income withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this state.
(3) Except as otherwise provided in Subsection (4) and Section 78-45f-503, the employer
shall withhold and distribute the funds as directed in the withholding order by complying with terms
of the order which specify:
(a) the duration and amount of periodic payments of current child support, stated as a sum
certain;
(b) the person or agency designated to receive payments and the address to which the
payments are to be forwarded;
(c) medical support, whether in the form of periodic cash payment, stated as a sum certain,
or ordering the obligor to provide health insurance coverage for the child under a policy available
through the obligor's employment;
(d) the amount of periodic payments of fees and costs for a support enforcement agency, the
issuing tribunal, and the obligee's attorney, stated as sums certain; and
(e) the amount of periodic payments of arrearages and interest on arrearages, stated as sums
certain.
(4) An employer shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with respect to:
(a) the employer's fee for processing an income withholding order;
(b) the maximum amount permitted to be withheld from the obligor's income; and
(c) the times within which the employer must implement the withholding order and forward
the child support payment.
Section 118. Section 78-45f-503 is enacted to read:
78-45f-503. Compliance with multiple income withholding orders.
If an obligor's employer receives multiple income withholding orders with respect to the
earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer
complies with the law of the state of the obligor's principal place of employment to establish the
priorities for the withholding and allocating income withheld for multiple child support obligees.
Section 119. Section 78-45f-504 is enacted to read:
78-45f-504. Immunity from civil liability.
An employer who complies with an income withholding order issued in another state in
accordance with this part is not subject to civil liability to an individual or agency with regard to the
employer's withholding of child support from the obligor's income.
Section 120. Section 78-45f-505 is enacted to read:
78-45f-505. Penalties for noncompliance.
An employer who willfully fails to comply with an income withholding order issued by
another state and received for enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
Section 121. Section 78-45f-506 is enacted to read:
78-45f-506. Contest by obligor.
(1) An obligor may contest the validity or enforcement of an income withholding order
issued in another state and received directly by an employer in this state in the same manner as if the
order had been issued by a tribunal of this state. Section 78-45f-604 applies to the contest.
(2) The obligor shall give notice of the contest to:
(a) a support enforcement agency providing services to the obligee;
(b) each employer that has directly received an income withholding order; and
(c) the person or agency designated to receive payments in the income withholding order
or if no person or agency is designated, to the obligee.
Section 122. Section 78-45f-507, which is renumbered from Section 77-31a-502 is
renumbered and amended to read:
[
(1) A party seeking to enforce a support order or an income-withholding order, or both,
issued by a tribunal of another state may send the documents required for registering the order to a
support enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking
to register the order, shall consider and, if appropriate, use any administrative procedure authorized
by the law of this state to enforce a support order or an income-withholding order, or both. If the
obligor does not contest administrative enforcement, the order need not be registered. If the obligor
contests the validity or administrative enforcement of the order, the support enforcement agency
shall register the order pursuant to this chapter.
Section 123. Section 78-45f-601, which is renumbered from Section 77-31a-601 is
renumbered and amended to read:
[
A support order or an income-withholding order issued by a tribunal of another state may be
registered in this state for enforcement.
Section 124. Section 78-45f-602, which is renumbered from Section 77-31a-602 is
renumbered and amended to read:
[
(1) A support order or income-withholding order of another state may be registered in this
state by sending the following documents and information to the [
in this state:
(a) a letter of transmittal to the tribunal requesting registration and enforcement;
(b) two copies, including one certified copy, of all orders to be registered, including any
modification of an order;
(c) a sworn statement by the party seeking registration or a certified statement by the
custodian of the records showing the amount of any arrearage;
(d) the name of the obligor and, if known:
(i) the obligor's address and Social Security number;
(ii) the name and address of the obligor's employer and any other source of income of the
obligor; and
(iii) a description and the location of property of the obligor in this state not exempt from
execution; and
(e) the name and address of the obligee and, if applicable, the agency or person to whom
support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order to
be filed as a foreign judgment, together with one copy of the documents and information, regardless
of their form.
(3) A petition seeking a remedy that must be affirmatively sought under law of this state may
be filed at the same time as the request for registration or later. The pleading must specify the
grounds for the remedy sought.
Section 125. Section 78-45f-603, which is renumbered from Section 77-31a-603 is
renumbered and amended to read:
[
(1) A support order or income-withholding order issued in another state is registered when
the order is filed in the registering tribunal of this state.
(2) A registered order issued in another state is enforceable in the same manner and is
subject to the same procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this part, a tribunal of this state shall recognize and
enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
Section 126. Section 78-45f-604, which is renumbered from Section 77-31a-604 is
renumbered and amended to read:
[
(1) The law of the issuing state governs the nature, extent, amount, and duration of current
payments and other obligations of support and the payment of arrearages under the order.
(2) In a proceeding for arrearages, the statute of limitation under the laws of this state or of
the issuing state, whichever is longer, applies.
Section 127. Section 78-45f-605, which is renumbered from Section 77-31a-605 is
renumbered and amended to read:
[
(1) When a support order or income-withholding order issued in another state is registered,
the registering tribunal shall notify the nonregistering party. [
The notice must be accompanied by a copy of the registered order and the documents and relevant
information accompanying the order.
(2) The notice must inform the nonregistering party:
(a) that a registered order is enforceable as of the date of registration in the same manner as
an order issued by a tribunal of this state;
(b) that a hearing to contest the validity or enforcement of the registered order must be
requested within 20 days after [
(c) that failure to contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and enforcement of the order and the alleged
arrearages and precludes further contest of that order with respect to any matter that could have been
asserted; and
(d) of the amount of any alleged arrearages.
(3) Upon registration of an income-withholding order for enforcement, the registering
tribunal shall notify the obligor's employer pursuant to Title 62A, Chapter 11, Part 4, Income
Withholding.
Section 128. Section 78-45f-606, which is renumbered from Section 77-31a-606 is
renumbered and amended to read:
[
registered order.
(1) A nonregistering party seeking to contest the validity or enforcement of a registered order
in this state shall request a hearing within 20 days after [
notice of the registration. The nonregistering party may seek to vacate the registration, to assert any
defense to an allegation of noncompliance with the registered order, or to contest the remedies being
sought or the amount of any alleged arrearages pursuant to [
(2) If the nonregistering party fails to contest the validity or enforcement of the registered
order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the
registered order, the registering tribunal shall schedule the matter for hearing and give notice to the
parties [
Section 129. Section 78-45f-607, which is renumbered from Section 77-31a-607 is
renumbered and amended to read:
[
(1) A party contesting the validity or enforcement of a registered order or seeking to vacate
the registration has the burden of proving one or more of the following defenses:
(a) the issuing tribunal lacked personal jurisdiction over the contesting party;
(b) the order was obtained by fraud;
(c) the order has been vacated, suspended, or modified by a later order;
(d) the issuing tribunal has stayed the order pending appeal;
(e) there is a defense under the law of this state to the remedy sought;
(f) full or partial payment has been made; or
(g) the statute of limitation under Section [
of some or all of the arrearages.
(2) If a party presents evidence establishing a full or partial defense under Subsection (1),
a tribunal may stay enforcement of the registered order, continue the proceeding to permit production
of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the
registered order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under Subsection (1) to the validity
or enforcement of the order, the registering tribunal shall issue an order confirming the order.
Section 130. Section 78-45f-608, which is renumbered from Section 77-31a-608 is
renumbered and amended to read:
[
Confirmation of a registered order, whether by operation of law or after notice and hearing,
precludes further contest of the order with respect to any matter that could have been asserted at the
time of registration.
Section 131. Section 78-45f-609, which is renumbered from Section 77-31a-609 is
renumbered and amended to read:
[
state for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child
support order issued in another state shall register that order in this state in the same manner
provided in Sections [
and [
be filed at the same time as a request for registration, or later. The pleading must specify the grounds
for modification.
Section 132. Section 78-45f-610, which is renumbered from Section 77-31a-610 is
renumbered and amended to read:
[
A tribunal of this state may enforce a child support order of another state registered for
purposes of modification, in the same manner as if the order had been issued by a tribunal of this
state, but the registered order may be modified only if the requirements of Section [
78-45f-611 have been met.
Section 133. Section 78-45f-611, which is renumbered from Section 77-31a-611 is
renumbered and amended to read:
[
(1) After a child support order issued in another state has been registered in this state, the
responding tribunal of this state may modify that order only if[
and after notice and hearing[
(a) the following requirements are met:
(i) the child, the individual obligee, and the obligor[
[
[
[
(ii) a petitioner who is a nonresident of this state seeks modification; and
(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) [
personal jurisdiction of the tribunal of this state and all of the [
have filed [
state [
However, if the issuing state is a foreign jurisdiction that has not enacted a law or established
procedures substantially similar to the procedures under this chapter, the consent otherwise required
of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify
the child support order.
(2) Modification of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a tribunal of this state
and the order may be enforced and satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect of a child support order that may not
be modified under the law of the issuing state. If two or more tribunals have issued child support
orders for the same obligor and child, the order that controls and must be so recognized under
Section 78-45f-207 establishes the aspects of the support order which are nonmodifiable.
(4) On issuance of an order modifying a child support order issued in another state, a tribunal
of this state becomes the tribunal of continuing, exclusive jurisdiction.
[
Section 134. Section 78-45f-612, which is renumbered from Section 77-31a-612 is
renumbered and amended to read:
[
A tribunal of this state shall recognize a modification of its earlier child support order by a
tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this
chapter and, upon request, except as otherwise provided in this chapter, shall:
(1) enforce the order that was modified only as to amounts accruing before the modification;
(2) enforce only nonmodifiable aspects of that order;
(3) provide other appropriate relief only for violations of that order which occurred before
the effective date of the modification; and
(4) recognize the modifying order of the other state, upon registration, for the purpose of
enforcement.
Section 135. Section 78-45f-613 is enacted to read:
78-45f-613. Jurisdiction to modify child support order of another state when individual
parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not reside
in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's
child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the
provisions of Parts 1 and 2, this part, and the procedural and substantive law of this state to the
proceeding for enforcement of modification. Parts 3, 4, 5, 7, and 8 do not apply.
Section 136. Section 78-45f-614 is enacted to read:
78-45f-614. Notice to issuing tribunal of modification.
Within 30 days after issuance of a modified child support order, the party obtaining the
modification shall file a certified copy of the order with the issuing tribunal that had continuing,
exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier
order has been registered. A party who obtains the order and fails to file a certified copy is subject
to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the modified order of the new tribunal having
continuing, exclusive jurisdiction.
Section 137. Section 78-45f-701, which is renumbered from Section 77-31a-701 is
renumbered and amended to read:
[
(1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding
brought under this chapter or a law substantially similar to this chapter or [
the Uniform Reciprocal Enforcement of Support Act, to determine that the petitioner is a parent of
a particular child or to determine that a respondent is a parent of that child.
(2) In a proceeding to determine parentage, a responding tribunal of this state shall apply
Title 78, Chapter 45a, Uniform Act on Paternity, and the rules of this state on choice of law.
Section 138. Section 78-45f-801, which is renumbered from Section 77-31a-801 is
renumbered and amended to read:
[
(1) For purposes of this part, "governor" includes an individual performing the functions of
governor or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) demand that the governor of another state surrender an individual found in the other state
who is charged criminally in this state with having failed to provide for the support of an obligee;
or
(b) on the demand by the governor of another state, surrender an individual found in this
state who is charged criminally in the other state with having failed to provide for the support of an
obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to
the demand even if the individual whose surrender is demanded was not in the demanding state when
the crime was allegedly committed and has not fled therefrom.
Section 139. Section 78-45f-802, which is renumbered from Section 77-31a-802 is
renumbered and amended to read:
[
(1) Before making demand that the governor of another state surrender an individual charged
criminally in this state with having failed to provide for the support of an obligee, the governor of
this state may require a prosecutor of this state to demonstrate that at least 60 days previously the
obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would
be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter or [
demand that the governor of this state surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other individual to whom a duty of support is
owed, the governor may require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If it appears that a proceeding would
be effective but has not been initiated, the governor may delay honoring the demand for a reasonable
time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order, the governor may decline to
honor the demand if the individual is complying with the support order.
Section 140. Section 78-45f-901, which is renumbered from Section 77-31a-901 is
renumbered and amended to read:
[
This chapter shall be applied and construed to effectuate its general purpose to make uniform
the law with respect to the subject of this chapter among states enacting it.
Section 141. Repealer.
This act repeals:
Section 62A-11-304.3, Administrative order -- Basis.
Section 62A-11-309, Liens authorized -- Procedures.
Section 62A-11-311, Filing and docketing of final administrative orders -- Liens --
Execution.
Section 62A-11-311.1, Court order filed with office -- Garnishment or execution by
office -- Judgment.
Section 62A-11-312, Docketing of final order -- Issuance of writ of garnishment or
execution.
Section 62A-11-314, Execution on lien -- Notice -- Procedures.
Section 62A-11-315, Executed lien -- Rights of persons owning property.
Section 62A-11-404.5, Income withholding requirement -- Procedures for orders entered
or modified after October 13, 1990.
Section 62A-11-412, Income withholding regardless of residence of child or jurisdiction
in which order entered -- Governing law.
Section 77-31-1, Purposes.
Section 77-31-2, Definitions.
Section 77-31-3, Remedies additional to those now existing.
Section 77-31-4, Extent of duties of support.
Section 77-31-5, Interstate rendition.
Section 77-31-6, Conditions of interstate rendition.
Section 77-31-7, Choice of law.
Section 77-31-8, Remedies of state or political subdivision furnishing support.
Section 77-31-9, How duties of support enforced.
Section 77-31-10, Jurisdiction.
Section 77-31-11, Contents of petition for support.
Section 77-31-12, County attorney to represent petitioner.
Section 77-31-13, Petition for a minor.
Section 77-31-14, Duty of court of this state as initiating state.
Section 77-31-15, Costs and fees.
Section 77-31-16, Jurisdiction by arrest.
Section 77-31-17, State information agency.
Section 77-31-18, Duty of court and county attorney of this state as responding state.
Section 77-31-19, Further duties of court and county attorney of this state as the
responding state.
Section 77-31-20, Procedure.
Section 77-31-21, Petitioner absent from responding state -- Continuance.
Section 77-31-22, Evidence of husband and wife.
Section 77-31-23, Rules of evidence.
Section 77-31-24, Order of support.
Section 77-31-25, Court of this state as responding state to transmit copies to initiating
state.
Section 77-31-26, Additional powers of court of this state as responding state.
Section 77-31-27, Additional duties of court of this state as responding state.
Section 77-31-28, Duty of department acting as initiating state to receive and disburse
payments.
Section 77-31-29, Proceedings not to be stayed.
Section 77-31-30, Application of payments.
Section 77-31-31, Effect of participation in proceeding.
Section 77-31-32, Foreign support orders -- Additional remedies.
Section 77-31-33, Registration of foreign support orders.
Section 77-31-34, Registry of foreign support orders maintained by clerk.
Section 77-31-35, Petition for registration of foreign support order.
Section 77-31-36, Jurisdiction and procedure.
Section 77-31-37, Effect of registration -- Enforcement procedure.
Section 77-31-38, Uniformity of interpretation.
Section 77-31-39, Citation -- Uniform Reciprocal Enforcement of Support Act.
Section 77-31a-203.5, Service of Process.
Section 78-25-18, Blood tests for child and alleged parents in civil actions and bastardy
proceedings in which parentage is a relevant fact.
Section 78-25-19, Blood test -- Who to make.
Section 78-25-20, Examiner as witness.
Section 78-25-21, Admissibility of results in evidence.
Section 78-25-22, Court may resolve parentage against party refusing to submit to blood
tests.
Section 78-25-23, Costs of examination.
Section 78-45a-8, Selection of experts.
Section 78-45a-9, Compensation of expert witnesses.
Section 142. Effective date.
This act takes effect on July 1, 1997.
[Bill Documents][Bills Directory]