H.B. 324

1

COLLECTION OF CHILD SUPPORT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steve Barth
5 AN ACT RELATING TO HUMAN SERVICES; AMENDING THE DEFINITION OF CHILD
6 SUPPORT TO INCLUDE ATTORNEYS' FEES AND EXPENSES RELATED TO THE
7 COLLECTION OF ARREARAGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 62A-11-401, as last amended by Chapter 232, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 62A-11-401 is amended to read:
13 62A-11-401. Definitions.
14 As used in this part and in Part 5:
15 (1) "Business day" means a day on which state offices are open for regular business.
16 (2) "Child" is defined in Section 62A-11-303.
17 (3) "Child support" means a financial obligation ordered by a court or administrative body
18 for the support of a child, including:
19 (a) current periodic payments and all arrearages[. Child support includes];
20 (b) reasonable attorneys' fees, interest, court costs, and expenses when and to the extent
21 that they are necessarily expended to collect arrearages; and
22 (c) court ordered obligations for the support of a spouse or former spouse with whom the
23 child resides if the spousal support is collected with the child support.
24 (4) "Child support order" means a judgment, decree, or order of a court or administrative
25 body whether interlocutory or final, whether or not prospectively or retroactively modifiable,
26 whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance,
27 paternity, guardianship, civil protection, or otherwise, which:

1 (a) establishes or modifies child support;
2 (b) reduces child support arrearages to judgment; or
3 (c) establishes child support or confirms a child support order under Title 78, Chapter 45f,
4 Uniform Interstate Family Support Act.
5 (5) "Delinquent" or "delinquency" means that child support in an amount at least equal to
6 current child support payable for one month is overdue.
7 (6) "Immediate income withholding" means income withholding without regard to whether
8 a delinquency has occurred.
9 (7) "Income" is defined in Section 62A-11-103.
10 (8) "IV-D services" is defined in Section 62A-11-103.
11 (9) "Jurisdiction" means a state or political subdivision of the United States, a territory or
12 possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, an
13 Indian tribe or tribal organization, or any comparable foreign nation or political subdivision.
14 (10) "Obligee" is defined in Section 62A-11-303.
15 (11) "Obligor" is defined in Section 62A-11-303.
16 (12) "Office" is defined in Section 62A-11-103.
17 (13) "Payor" means an employer or any person who is a source of income to an obligor.




Legislative Review Note
as of 1-26-98 10:32 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -