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S.B. 49 Enrolled
AN ACT RELATING TO HUMAN SERVICES AND THE JUDICIAL CODE; MAKING
AMENDMENTS TO CHILD SUPPORT STATUTES TO CONFORM WITH TITLE IV OF THE
SOCIAL SECURITY ACT; CLARIFYING WHEN PAYMENTS ARE DUE; CHANGING TAX
INTERCEPT PROVISIONS TO CONFORM WITH FEDERAL LAW; DELETES
"STEPPARENT" AS A DEFINED TERM AND SUBSTITUTES "THIRD PARTY" TO
ENCOMPASS ALL OTHER POSSIBLE PARTIES, INCLUDING THE STATE; ADDS NEW
DEFINITIONS; PREVENTING VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS
WHEN SUPPORT IS OWED; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-10.5, as enacted by Chapter 78, Laws of Utah 1985
35A-1-107, as enacted by Chapter 174, Laws of Utah 1997
35A-3-102, as last amended by Chapters 61 and 70, Laws of Utah 1999
35A-7-102, as enacted by Chapter 232, Laws of Utah 1997
59-10-529, as last amended by Chapter 299, Laws of Utah 1998
62A-11-103, as last amended by Chapters 174 and 232, Laws of Utah 1997
62A-11-104, as last amended by Chapter 232, Laws of Utah 1997
62A-11-301, as enacted by Chapter 1, Laws of Utah 1988
62A-11-303, as last amended by Chapter 232, Laws of Utah 1997
62A-11-304.2, as last amended by Chapter 13, Laws of Utah 1998
62A-11-305, as last amended by Chapter 232, Laws of Utah 1997
62A-11-312.5, as enacted by Chapter 232, Laws of Utah 1997
62A-11-401, as last amended by Chapter 232, Laws of Utah 1997
62A-11-406, as last amended by Chapter 232, Laws of Utah 1997
62A-11-506, as enacted by Chapter 232, Laws of Utah 1997
78-3a-414, as renumbered and amended by Chapter 260, Laws of Utah 1994
78-3a-906, as enacted by Chapter 1, Laws of Utah 1996
78-12-22, as last amended by Chapter 79, Laws of Utah 1996
78-22-1, as last amended by Chapter 75, Laws of Utah 1999
78-32-17, as last amended by Chapter 232, Laws of Utah 1997
78-45-2, as last amended by Chapter 53, Laws of Utah 1998
78-45-3, as last amended by Chapter 175, Laws of Utah 1995
78-45-4, as last amended by Chapter 175, Laws of Utah 1995
78-45-4.2, as enacted by Chapter 131, Laws of Utah 1979
78-45-4.3, as enacted by Chapter 120, Laws of Utah 1983
78-45-7.3, as last amended by Chapter 118, Laws of Utah 1994
78-45-7.5, as last amended by Chapter 53, Laws of Utah 1998
78-45-7.7, as last amended by Chapter 53, Laws of Utah 1998
78-45-7.10, as last amended by Chapter 118, Laws of Utah 1994
78-45f-101, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-605, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-606, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-701, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-802, as renumbered and amended by Chapter 232, Laws of Utah 1997
ENACTS:
62A-11-333, Utah Code Annotated 1953
78-45-4.4, Utah Code Annotated 1953
78-45-4.5, Utah Code Annotated 1953
78-45f-902, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78-45-9.3, (Renumbered from 30-3-10.6, as last amended by Chapter 232, Laws of Utah
1997)
REPEALS:
78-45-4.1, as last amended by Chapter 42, Laws of Utah 1980
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-10.5 is amended to read:
30-3-10.5. Payments of support, maintenance, and alimony.
(1) [
support, maintenance, or alimony provided for in the order or decree shall be due [
first day of each month for purposes of Section 78-45-9.3 , child support services pursuant to Title
62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A,
Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures
pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
(2) For purposes of child support services and income withholding pursuant to Title 62A,
Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the
following month.
(3) For purposes other than those specified in Subsections (1) and (2), support shall be
payable 1/2 by the 5th day of each month[
month, unless the order or decree provides for a different time for payment.
Section 2. Section 35A-1-107 is amended to read:
35A-1-107. Contract with Office of Recovery Services.
The department shall contract with the Office of Recovery Services within the Department
of Human Services for collection of[
Administrative Determination of Overpayments Act[
Section 3. Section 35A-3-102 is amended to read:
35A-3-102. Definitions.
As used in this chapter:
(1) "Applicant" means a person who requests assistance under this chapter.
(2) "Average monthly number of families" means the average number of families who
received cash assistance on a monthly basis during the previous federal fiscal year, starting from
October 1, 1998 to September 30, 1999, and continuing each year thereafter.
(3) "Cash assistance" means a monthly dollar amount of cash a client is eligible to receive
under Section 35A-3-302 .
(4) "Child care services" means care of a child for a portion of the day that is less than 24
hours in a qualified setting, as defined by rule, by a responsible person who is not the child's parent
or legal guardian.
(5) "Date of enrollment" means the date on which the applicant was approved as eligible for
cash assistance.
(6) "Director" means the director of the division.
(7) "Diversion" means a single payment of cash assistance under Section 35A-3-303 to a
client who is eligible for but does not require extended cash assistance under Part 3, Family
Employment Program.
(8) "Division" means the Division of Employment Development.
(9) "Education or training" means:
(a) basic remedial education;
(b) adult education;
(c) high school education;
(d) education to obtain the equivalent of a high school diploma;
(e) education to learn English as a second language;
(f) applied technology training;
(g) employment skills training; or
(h) on-the-job training.
(10) "Full-time education or training" means training on a full-time basis as defined by the
educational institution attended by the parent client.
(11) "General assistance" means financial assistance provided to a person who is not
otherwise eligible for cash assistance under Part 3, Family Employment Program, because that person
does not live in a family with a related dependent child.
[
[
division to qualify for cash assistance under Part 3, Family Employment Program.
[
United States Department of Health and Human Services to receive funding from the United States
through the Temporary Assistance for Needy Families Block Grant.
[
primarily for operation on highways and used by an applicant or client to meet basic transportation
needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger
automobile tax established in 26 U.S.C. Sec. 4001 and adjusted annually for inflation.
(b) "Passenger vehicle" does not include:
(i) a commercial vehicle, as defined in Section 41-1a-102 ;
(ii) an off-highway vehicle, as defined in Section 41-1a-102 ; or
(iii) a motor home, as defined in Section 13-14-102 .
[
and has a minor child in his care and custody.
Section 4. Section 35A-7-102 is amended to read:
35A-7-102. 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.
[
[
Section 5. 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
(ii) any child support obligation which is [
Office of Recovery Services in the Department of Human Services and after notice and an
opportunity for an adjudicative proceeding, as provided in Subsection (2); or
(c) as bail, to ensure the appearance of the taxpayer before the appropriate authority to
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)(b)(ii) may be exercised only if the Office of Recovery Services has
mailed written notice to the taxpayer's last-known address or the address on file under Section
62A-11-304.4 , stating:
(i) the amount of child support that is due or past due as of the date of the notice or other
specified date;
(ii) that any overpayment shall be applied to reduce the amount of due or past-due child
support specified in the notice; and
(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.
[
[
implement this Subsection (2), 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 obligee parent.
(3) Subsection (1)(c) may be exercised only if:
(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, a refund or credit may not 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 provided for in Subsection (7)(c); or
(ii) within two years from the date the tax was paid, whichever period is later.
(b) Except as provided in Subsection (7)(d), in other instances where a refund or credit of tax
which has not been deducted and withheld from income is due, a credit or refund may not 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.
(c) Beginning on July 1, 1998, the commission shall extend the period for a taxpayer to file
a claim under Subsection (7)(a)(i) if:
(i) the time period for filing a claim under Subsection (7)(a) has not expired; and
(ii) the commission and the taxpayer sign a written agreement:
(A) authorizing the extension; and
(B) providing for the length of the extension.
(d) Notwithstanding Subsection (7)(b), beginning on July 1, 1998, the commission shall
extend the period for a taxpayer to file a claim under Subsection (7)(b) if:
(i) the three-year period under Subsection (7)(b) has not expired; and
(ii) the commission and the taxpayer sign a written agreement:
(A) authorizing the extension; and
(B) providing for the length of the extension.
(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, Utah 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 6. 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.
(2) "Child support services" or "IV-D child support services" means services provided
pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651, et seq.
[
[
after the deduction of all amounts required by law to be withheld.
[
(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.
[
U.S.C. Sec. 3401.
[
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.
[
651 et seq.
[
35A-7-103 .
[
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, to another state, or other comparable jurisdiction in whose 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 3, Employment Support Act;
(b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
(c) foster care maintenance payments under Part E of Title [
Act, 42 U.S.C. Sec. 670, et seq;
(d) food stamps; or
(e) any other public funds expended for the benefit of a person in need of financial, medical,
food, housing, or related assistance.
[
the office and the central, automated district court record system maintained by the Administrative
Office of the Courts, 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 state IV-D [
child support services plan; and
(b) each support order established or modified in the state on or after October 1, 1998.
Section 7. Section 62A-11-104 is amended to read:
62A-11-104. Duties of office.
The office has the following duties:
(1) to [
(a) the office has received an application for child support services; [
(b) the state has provided public assistance; or
(c) a child lives out of the home in the protective custody, temporary custody, or custody or
care of the state or another party for at least 30 days;
(2) to carry out the obligations of the department contained in this chapter and in Title 78,
Chapters 45, 45a, and 45f for the purpose of collecting child support;
(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. [
(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 [
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-7-103 ;
(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
(12) to finance any costs incurred from collections, fees, General Fund appropriation,
contracts, and federal financial participation.
Section 8. Section 62A-11-301 is amended to read:
62A-11-301. Title.
This part [
Section 9. 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 Title 63, Chapter 46b, Administrative Procedures Act.
(2) "Administrative order" means an order that has been issued by the office, the department,
or an administrative agency of another state or other comparable jurisdiction with similar authority
to that of the office.
(3) "Assistance" or "public assistance" is defined in Section 62A-11-103 .
(4) "Business day" means a day on which state offices are open for regular business.
(5) "Child" means:
(a) a son or daughter under the age of 18 years who is not 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.
(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 .
[
62A-11-103 .
[
jurisdiction of this state, another state, Native American tribe, the federal government, or any other
comparable jurisdiction [
[
[
(13) "High-volume automated administrative enforcement" in interstate cases means, on the
request of another state, the identification by the office, through automatic data matches with financial
institutions and other entities where assets may be found, of assets owned by persons who owe child
support in the requesting state, and the seizure of the assets by the office, through levy or other
appropriate processes.
[
[
proceeding in accordance with Section 63-46b-3 .
[
comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement
of child support or public assistance.
[
a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in
whose behalf this state is acting.
[
[
dependent child.
[
subdivision, department, or office.
[
[
(22) "Support" includes past-due, present, and future obligations established by:
(a) a [
maintenance, [
(b) a [
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.
(23) "Support debt," "past-due support," or "arrears" means the debt created by nonpayment
of support.
(24) "Tribunal" means the district court, the Department of Human Services, the Office of
Recovery Services, or court or administrative agency of any state, territory, possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other
comparable domestic or foreign jurisdiction.
Section 10. 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 that:
(a) determines paternity in accordance with Section 78-45a-10 ;
(b) determines whether an obligor owes support;
(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
(i) renews an administrative judgment. [
(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.
(3) [
Subsection (1) that is not based on the [
(a) the office may establish a new obligation in those cases in which the juvenile court has
ordered the parties to meet with the office to determine the support pursuant to Section 78-3a-906 ;
or
(b) [
accordance with the child support guidelines if the conditions of Subsection 78-45f-207 (2)(c) are met.
(4) The office may proceed under this section in the name of this state, another state under
Section 62A-11-305 , any department of this state, the office, or the obligee.
(5) The office may accept voluntary acknowledgment of a support obligation and enter into
stipulated agreements providing for the issuance of an administrative order under this part.
(6) The office may act in the name of the obligee in endorsing and cashing any drafts, checks,
money orders, or other negotiable instruments received by the office for support.
[
[
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 11. Section 62A-11-305 is amended to read:
62A-11-305. Support collection services requested by agency of another state.
(1) In accordance with Title 78, Chapter 45f, Uniform Interstate Family Support 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 [
(b) an individual applies for services.
(2) The office shall [
administrative enforcement, to the same extent it is used for intrastate cases, in response to a request
made by another state's IV-D child support agency to enforce [
(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) The office shall give automated administrative interstate enforcement requests the same
priority as a two-state referral received from another state to enforce a support order.
(5) The office shall promptly report the results of the enforcement procedures to the
requesting state.
[
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 12. Section 62A-11-312.5 is amended 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
[
(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 13. Section 62A-11-333 is enacted to read:
62A-11-333. Right to judicial review.
(1) (a) Within 30 days of notice of any administrative action on the part of the office to
establish paternity or establish, modify or enforce a child support order, the obligor may file a petition
for de novo review with the district court.
(b) For purposes of Subsection (1)(a), notice includes:
(i) notice actually received by the obligor in accordance with Section 62A-11-304.4 ;
(ii) participation by the obligor in the proceedings related to the establishment of the paternity
or the modification or enforcement of child support; or
(iii) receiving a paycheck in which a reduction has been made for child support.
(2) The petition shall name the office and all other appropriate parties as respondents and
meet the form requirements specified in Section 63-46b-15 .
(3) A copy of the petition shall be served upon the Child and Family Support Division of the
Office of Attorney General.
(4) (a) If the petition is regarding the amount of the child support obligation established in
accordance with Title 78, Chapter 45, Uniform Civil Liability for Support Act, the court may issue
a temporary order for child support until a final order is issued.
(b) The petitioner may file an affidavit stating the amount of child support reasonably believed
to be due and the court may issue a temporary order for that amount. The temporary order shall be
valid for 60 days, unless extended by the court while the action is being pursued.
(c) If the court upholds the amount of support established in Subsection (4)(a), the petitioner
shall be ordered to make up the difference between the amount originally ordered in Subsection (4)(a)
and the amount temporarily ordered under Subsection (4)(b).
(d) This Subsection (4) does not apply to an action for the court-ordered modification of a
judicial child support order.
(5) The court may, on its own initiative and based on the evidence before it, determine
whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court determines that
U.R.Civ.P. Rule 11 was violated, it shall, at a minimum, award to the office attorneys' fees and costs
for the action.
(6) Nothing in this section precludes the obligor from seeking administrative remedies as
provided in this chapter.
Section 14. 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.
(2) "Child" is defined in Section 62A-11-303 .
(3) "Child support" means a [
base child support award as defined in Subsection 78-45-2 (4), or a financial award for uninsured
monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic
payments [
accrue under an order for current periodic payments, and sum certain judgments awarded for
arrearages, medical expenses, and child care costs. Child support includes obligations ordered by a
tribunal for the support of a spouse or former spouse with whom the child resides if the spousal
support is collected with the child support.
(4) "Child support order" or "support order" means a judgment, decree, or order [
final, or subject to modification, issued by a tribunal for child support and related costs and fees,
interest and penalties, income withholding, attorneys' fees, and other relief.
[
[
[
[
[
to current child support payable for one month is overdue.
[
whether a delinquency has occurred.
[
(9) "Jurisdiction" means a state or political subdivision of the United States, a territory or
possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, an
Indian tribe or tribal organization, or any comparable foreign nation or political subdivision.
(10) "Obligee" is defined in Section 62A-11-303 .
(11) "Obligor" is defined in Section 62A-11-303 .
(12) "Office" is defined in Section 62A-11-103 .
(13) "Payor" means an employer or any person who is a source of income to an obligor.
Section 15. 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 withheld may not exceed the maximum amount permitted under Section
303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673 (b);
(3) 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;
(4) that[
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. Sec. 1673 (b);
(5) that the notice to withhold is binding on the payor and on any future payor until further
notice by the office or a court;
(6) (a) that if the payor fails to mail or deliver withheld income to the office within the 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 the payor willfully fails to withhold income in accordance with the notice, the payor
is liable to the office for $1,000 or the accumulated amount the payor should have 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 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;
(9) 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;
(10) 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 to the office 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
(11) that, in addition to any other remedy provided in this section, the payor is liable for costs
and reasonable attorneys' fees incurred in enforcing any provision in a notice to withhold mailed or
delivered to the payor's last-known address.
Section 16. Section 62A-11-506 is amended 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[
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 17. Section 78-3a-414 is amended to read:
78-3a-414. Voluntary relinquishment -- Irrevocable.
(1) Voluntary relinquishment or consent for termination of parental rights shall be signed or
confirmed under oath before a judge of any court that has jurisdiction over proceedings for
termination of parental rights in this state or any other state, or a public officer appointed by that
court for the purpose of taking consents or relinquishments.
(2) The court or appointed officer shall certify that the person executing the consent or
relinquishment has read and understands the consent or relinquishment and has signed it freely and
voluntarily.
(3) A voluntary relinquishment or consent for termination of parental rights is effective when
it is signed and may not be revoked.
(4) The requirements and processes described in Sections 78-3a-402 through 78-3a-410 do
not apply to a voluntary relinquishment or consent for termination of parental rights. The court need
only find that the relinquishment or termination is in the child's best interest.
(5) There is a presumption that voluntary relinquishment or consent for termination of
parental rights is not in the child's best interest where it appears to the court that the primary purpose
is to avoid a financial support obligation. The presumption may be rebutted, however, if the court
finds the relinquishment or consent to termination of parental rights will facilitate the establishment
of stability and permanency for the child.
[
child's care and welfare that the court [
Section 18. Section 78-3a-906 is amended to read:
78-3a-906. Support and expenses of minor in custody of individual or institution --
Order for payment by parent or other person authorized -- Payments to nongovernmental
agency vested with legal custody.
(1) When legal custody of a minor is vested by the court in an individual, a secure youth
corrections facility, or any other state department, division, or agency other than his parents, the court
shall in the same or any subsequent proceeding require the parents, a parent, or any other person who
may be obligated, to support the minor and to pay any other expenses of the minor, including the
expense of any medical, psychiatric, or psychological examination or treatment provided under order
of the court. The liability for support shall accrue beginning with the date the minor is removed from
the home, including the time spent in detention or sheltered care.
(2) The court may refer the determination of that matter to the Office of Recovery Services
for administrative [
of Recovery Services in accordance with Title 78, Chapter 45, Uniform Civil Liability for Support
Act.
(3) Unless otherwise ordered, the parents or other person shall pay to the Office of Recovery
Services for transmission to the person or agency having legal custody of the minor or to whom
compensation is due. The clerk of the court or Office of Recovery Services shall have authority to
receive periodic payments for the care and maintenance of the minor, such as Social Security
payments or railroad retirement payments made in the name of or for the benefit of the minor.
(4) No court order under this section against a parent or other person shall be entered, unless
summons has been served within the state, a voluntary appearance is made, or a waiver of service
given. The summons shall specify that a hearing with respect to the financial support of the minor
will be held.
(5) An order entered under this section against a parent or other person may be enforced by
contempt proceedings and shall also have the effect of a judgment. Upon request of the court, the
county attorney shall enforce orders of the court issued under this section.
(6) Payment for child support may be made to a nongovernmental agency in whom the court
vests legal custody, provided that the agency shall make periodic reports to the court concerning the
care and treatment the minor is receiving and his response to such treatment. Such reports shall be
made at such intervals as the court may direct and shall be made with respect to each minor at least
every six months. The agency shall also afford an opportunity for a representative of the court to visit
the minor as frequently as the court considers necessary.
Section 19. Section 78-12-22 is amended to read:
78-12-22. Statute of Limitations -- Eight years.
An action may be brought within eight years[
of the United States, or of any state or territory within the United States[
[
Section 20. Section 78-22-1 is amended to read:
78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract of
judgment -- Small claims judgment not lien -- Appeal of judgment -- Child support orders.
(1) [
years unless previously satisfied or unless enforcement of the judgment is stayed in accordance with
law.
(2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of judgment
by a district court is a lien upon the real property of the judgment debtor, not exempt from execution,
owned or acquired during the existence of the judgment, located in the county in which the judgment
is entered.
(3) Prior to and after July 1, 1997, an abstract of judgment issued by the court in which the
judgment is entered may be recorded in any court of this state and shall have the same force and effect
as a judgment entered in that court.
(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small claims
division of any court shall not qualify as a lien upon real property unless abstracted to the civil
division of the district court and recorded in accordance with Subsection (3).
(5) (a) If any judgment is appealed, upon deposit with the court where the notice of appeal
is filed of cash or other security in a form and amount considered sufficient by the court that rendered
the judgment to secure the full amount of the judgment, together with ongoing interest and any other
anticipated damages or costs, including attorney's fees and costs on appeal, the lien created by
Subsection (2) shall be terminated as provided in Subsection (5)(b).
(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court shall
enter an order terminating the lien created by the judgment under Subsection (2) and granting the
judgment creditor a perfected lien in the deposited security as of the date of the original judgment.
(6) Enforcement of a child support order may be pursued at any time within four years after
the date the youngest child reaches majority.
Section 21. 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, [
so, proof of noncompliance shall be prima facie evidence of contempt of court.
(2) Proof of noncompliance may be demonstrated by showing that:
(a) the order was made, and filed with the district court; and
(b) the parent knew of the order because:
(i) the order was mailed to the parent at his last-known address as shown on the court
records [
(ii) the parent was present in court at the time the order was pronounced[
(iii) the parent entered into a written stipulation and the parent or counsel for the parent was
sent a copy of the order;
(iv) counsel was present in court and entered into a stipulation which was accepted and the
order based upon the stipulation was then sent to counsel for the parent; or
(v) the parent was properly served and failed to answer.
[
the obligor under the child support order has the burden of proving inability to comply with the child
support order.
[
the use of driver's 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 22. 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.
(4) "Base child support award" means the award that may be ordered and is calculated using
the guidelines before additions for medical expenses and work-related child care costs.
(5) "Base combined child support obligation table," "child support table," "base child support
obligation table," "low income table," or "table" means the appropriate table in Section 78-45-7.14 .
(6) "Child" means:
(a) a son or daughter under the age of 18 years who is not 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, if able to
provide some financial resources to the family, is not able to support self by own means.
(7) "Child support" [
defined in Section 78-45-2 , or a monthly financial award for uninsured medical expenses, ordered by
a tribunal for the support of a child, including current periodic payments, all arrearages which accrue
under an order for current periodic payments, and sum certain judgments awarded for arrearages,
medical expenses, and child care costs.
(8) "Child support order" or "support order" [
judgment, decree, or order of a tribunal 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 registers a child support order under Title 78, Chapter 45f,
Uniform Interstate Family Support Act.
[
pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Section [
[
[
78-45-7.21 .
[
other payment due to an individual, regardless of source, whether denominated as 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.
(13) "Joint physical custody" means the child stays with each parent overnight for more than
25% of the year, and both parents contribute to the expenses of the child in addition to paying child
support.
(14) "Medical expenses" means health and dental expenses and related insurance costs.
(15) "Obligee" [
state, or another comparable jurisdiction to whom child support is owed or who is entitled to
reimbursement of child support or public assistance.
(16) "Obligor" means any person owing a duty of support.
(17) "Office" means the Office of Recovery Services within the Department of Human
Services.
(18) "Parent" includes a natural parent, or an adoptive parent[
(19) "Split custody" means that each parent has physical custody of at least one of the
children.
(20) "State" includes any state, territory, [
of Columbia, [
domestic or foreign jurisdiction.
[
[
(21) "Third party" means an agency or a person other than the biological or adoptive parent
or a child who provides care, maintenance, and support to a child.
(22) "Tribunal" means the district court, the Department of Human Services, Office of
Recovery Services, or court or administrative agency of any state, territory, possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other
comparable domestic or foreign jurisdiction.
(23) "Work-related child care costs" means reasonable child care costs for up to a full-time
work week or training schedule as necessitated by the employment or training of a parent under
Section 78-45-7.17 .
(24) "Worksheets" means the forms used to aid in calculating the base child support award.
Section 23. Section 78-45-3 is amended to read:
78-45-3. Duty of man.
(1) Every father shall support his child[
the support of his father. Every man shall support his wife when she is in need.
(2) Except as limited in a court order under Section 30-3-5 , 30-4-3 , or 78-45-7.15 :
(a) The expenses incurred on behalf of a minor child for reasonable and necessary medical
and dental expenses, and other necessities are chargeable upon the property of both parents,
regardless of the marital status of the parents.
(b) Either or both parents may be sued by a creditor for the expenses described in Subsection
(2)(a) incurred on behalf of minor children.
Section 24. Section 78-45-4 is amended to read:
78-45-4. Duty of woman.
(1) Every woman shall support her child[
in need of the support of his mother. Every woman shall support her husband when he is in need.
(2) Except as limited in a court order under Section 30-3-5 , 30-4-3 , or 78-45-7.15 :
(a) The expenses incurred on behalf of a minor child for reasonable and necessary medical
and dental expenses, and other necessities are chargeable upon the property of both parents,
regardless of the marital status of the parents.
(b) Either or both parents may be sued by a creditor for the expenses described in Subsection
(2)(a) incurred on behalf of minor children.
Section 25. Section 78-45-4.2 is amended to read:
78-45-4.2. Natural or adoptive parent has primary obligation of support -- Right of
third party to recover support.
Nothing contained [
parent of the primary obligation of support[
right to recover support [
a custodial parent.
Section 26. Section 78-45-4.3 is amended to read:
78-45-4.3. Ward of state -- Primary obligation to support.
[
minor child has become a ward of [
to support that child until he reaches the age of majority, regardless of any agreements or legal
defenses that may exist between the parents or other care providers. Any state that provides support
for a child shall have the right to reimbursement.
Section 27. Section 78-45-4.4 is enacted to read:
78-45-4.4. Support follows the child.
(1) Obligations ordered for child support and medical expenses are for the use and benefit
of the child and shall follow the child.
(2) Except in cases of joint physical custody and split custody as defined in Section 78-45-2 ,
when physical custody changes from that assumed in the original order, the parent without physical
custody of a child shall be required to pay the amount of support determined in accordance with
Sections 78-45-7.7 and 78-45-7.15 , without the need to modify the order for:
(a) the parent who has physical custody of the child;
(b) a relative to whom physical custody of the child has been voluntarily given; or
(c) the state when the child is residing outside of the home in the protective custody,
temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.
Section 28. Section 78-45-4.5 is enacted to read:
78-45-4.5. Waiver and estoppel.
(1) Waiver and estoppel shall apply only to the custodial parent when there is no order
already established by a tribunal if the custodial parent freely and voluntarily waives support
specifically and in writing.
(2) Waiver and estoppel may not be applied against any third party or public entity that may
provide support for the child.
(3) A noncustodial parent, or alleged biological father in a paternity action, may not rely on
statements made by the custodial parent of the child concerning child support unless the statements
are reduced to writing and signed by both parties.
Section 29. Section 78-45-7.3 is amended to read:
78-45-7.3. Procedure -- Documentation -- Stipulation.
(1) In [
moving party shall submit:
(a) a completed child support worksheet;
(b) the financial verification required by Subsection 78-45-7.5 (5); [
(c) a written statement indicating whether or not the amount of child support requested is
consistent with the guidelines[
(d) the information required under Subsection (3).
(2) (a) If the documentation of income required under Subsection (1) is not available, a
verified representation of the [
evidence available, may be submitted.
(b) The evidence shall be in affidavit form and may only be offered after a copy has been
provided to the [
63, Chapter 46b, Administrative Procedures Act, in an administrative proceeding.
[
[
[
[
[
(3) 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 with the court that conducted the proceeding.
(a) The required identifying information 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.
(b) Attorneys representing the office in child support services cases are not required to file
the identifying information required by Subsection (3)(a).
[
adequate under the guidelines if the stipulated child support amount or combined amount equals or
exceeds the base child support award required by the guidelines.
Section 30. Section 78-45-7.5 is amended to read:
78-45-7.5. Determination of gross income -- Imputed income.
(1) As used in the guidelines, "gross income" includes:
(a) prospective income from any source, including nonearned sources, except under
Subsection (3); and
(b) income from salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone,
prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages,
annuities, capital gains, social security benefits, workers' compensation benefits, unemployment
compensation, disability insurance benefits, and payments from "nonmeans-tested" government
programs.
(2) Income from earned income sources is limited to the equivalent of one full-time 40-hour
job. However, if and only if during the time prior to the original support order, the parent normally
and consistently worked more than 40 hours at his job, the court may consider this extra time as a
pattern in calculating the parent's ability to provide child support.
(3) Specifically excluded from gross income are:
(a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program;
(b) benefits received under a housing subsidy program, the Job Training Partnership Act,
Supplemental Security Income, Social Security Disability Insurance, Medicaid, Food Stamps, or
General Assistance; and
(c) other similar means-tested welfare benefits received by a parent.
(4) (a) Gross income from self-employment or operation of a business shall be calculated by
subtracting necessary expenses required for self-employment or business operation from gross
receipts. The income and expenses from self-employment or operation of a business shall be
reviewed to determine an appropriate level of gross income available to the parent to satisfy a child
support award. Only those expenses necessary to allow the business to operate at a reasonable level
may be deducted from gross receipts.
(b) Gross income determined under this subsection may differ from the amount of business
income determined for tax purposes.
(5) (a) When possible, gross income should first be computed on an annual basis and then
recalculated to determine the average gross monthly income.
(b) Each parent shall provide verification of current income. Each parent shall provide
year-to-date pay stubs or employer statements and complete copies of tax returns from at least the
most recent year unless the court finds the verification is not reasonably available. Verification of
income from records maintained by the Department of Workforce Services may be substituted for
pay stubs, employer statements, and income tax returns.
(c) Historical and current earnings shall be used to determine whether an underemployment
or overemployment situation exists.
(6) Gross income includes income imputed to the parent under Subsection (7).
(7) (a) Income may not be imputed to a parent unless the parent stipulates to the amount
imputed [
parent is voluntarily unemployed or underemployed.
(b) If income is imputed to a parent, the income shall be based upon employment potential
and probable earnings as derived from work history, occupation qualifications, and prevailing earnings
for persons of similar backgrounds in the community, or the median earning for persons in the same
occupation in the same geographical area as found in the statistics maintained by the Bureau of Labor
Statistics.
(c) If a parent has no recent work history or their occupation is unknown, income shall be
imputed at least at the federal minimum wage for a 40-hour work week. To impute a greater income,
the judge in a judicial proceeding or the presiding officer in an administrative proceeding shall enter
specific findings of fact as to the evidentiary basis for the imputation.
(d) Income may not be imputed if any of the following conditions exist:
(i) the reasonable costs of child care for the parents' minor children approach or equal the
amount of income the custodial parent can earn;
(ii) a parent is physically or mentally disabled to the extent he cannot earn minimum wage;
(iii) a parent is engaged in career or occupational training to establish basic job skills; or
(iv) unusual emotional or physical needs of a child require the custodial parent's presence in
the home.
(8) (a) Gross income may not include the earnings of a minor child who is the subject of a
child support award nor benefits to a minor child in the child's own right such as Supplemental
Security Income.
(b) Social Security benefits received by a child due to the earnings of a parent shall be
credited as child support to the parent upon whose earning record it is based, by crediting the amount
against the potential obligation of that parent. Other unearned income of a child may be considered
as income to a parent depending upon the circumstances of each case.
Section 31. Section 78-45-7.7 is amended to read:
78-45-7.7. Calculation of obligations.
(1) [
established in proportion to their adjusted gross incomes, unless the low income table is applicable.
Except during periods of court-ordered visitation as set forth in Section 78-45-7.11 , the parents are
obligated to pay their proportionate shares of the base combined child support obligation. If physical
custody of the child changes from that assumed in the original order, modification of the order is not
necessary, even if only one parent is specifically ordered to pay in the order.
(2) Except in cases of joint physical custody and split custody as defined in Section 78-45-2
and in cases where the obligor's adjusted gross income is $1,050 or less monthly, the base child
support award shall be determined as follows:
(a) combine the adjusted gross incomes of the parents and determine the base combined child
support obligation using the base combined child support obligation table; and
(b) calculate each parent's proportionate share of the base combined child support obligation
by multiplying the combined child support obligation by each parent's percentage of combined
adjusted gross income.
(3) In the case of an incapacitated adult child, any amount that the incapacitated adult child
can contribute to his or her support may be considered in the determination of child support and may
be used to justify a reduction in the amount of support ordered, except that in the case of orders
involving multiple children, the reduction shall not be greater than the effect of reducing the total
number of children by one in the child support table calculation.
(4) In cases where the monthly adjusted gross income of the obligor is between $650 and
$1,050, the base child support award shall be the lesser of the amount calculated in accordance with
Subsection (2) and the amount calculated using the low income table. If the income and number of
children is found in an area of the low income table in which no amount is shown, the base combined
child support obligation table is to be used.
(5) The base combined child support obligation table provides combined child support
obligations for up to six children. For more than six children, additional amounts may be added to
the base child support obligation shown. Unless rebutted by Subsection 78-45-7.2 (3), the amount
ordered shall not be less than the amount which would be ordered for up to six children.
(6) If the monthly adjusted gross income of the obligor is $649 or less, the [
case-by-case basis, but the base child support award shall not be less than $20.
(7) The amount shown on the table is the support amount for the total number of children,
not an amount per child.
Section 32. Section 78-45-7.10 is amended to read:
78-45-7.10. Adjustment when child becomes emancipated.
(1) When a child becomes 18 years of age, or has graduated from high school during the
child's normal and expected year of graduation, whichever occurs later, the base child support award
is automatically [
shown in the table for the remaining number of children due child support, unless otherwise provided
in the child support order.
(2) The award may not be reduced by a per child amount derived from the base child support
award originally ordered.
(3) The income used for purposes of adjusting the support shall be the income of the parties
at the time of the entry of the original order. If income was not listed in the findings or order and
worksheets were not submitted, the parties may submit tax returns or other verification of the income.
Section 33. Section 78-45-9.3 , which is renumbered from Section 30-3-10.6 is renumbered
and amended to read:
[
(1) All monthly payments of child support shall be due on the 1st day of each month for
purposes of child support services pursuant to Title 62A, Chapter 11, Part 3, income withholding
services pursuant to Part 4, and income withholding procedures pursuant to Part 5.
(2) For purposes of child support services and income withholding pursuant to Title 62A,
Chapter 11, Part 3 and Part 4, child support is not considered past due until the 1st day of the
following month. For purposes other than those specified in Subsection (1) support shall be payable
1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree
provides for a different time for payment.
[
order, as defined by Section [
(a) a judgment with the same attributes and effect of any judgment of a district court, except
as provided in Subsection [
(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 [
[
with respect to any period during which a [
date [
the petitioner, or [
judgment for the period from the service of the pleading until the final order of modification is entered
for any difference in the original order and the modified amount.
[
territory or possession of the United States, the District of Columbia, and the Commonwealth of
Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
[
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 62A-11-312.5 .
Section 34. Section 78-45f-101 is amended to read:
78-45f-101. Definitions.
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
[
support from the income of the obligor in accordance with Title 62A, Chapter 11, Part 4 or Part 5.
(7) "Initiating state" means a state from which a proceeding is forwarded or in which a
proceeding is filed for forwarding to a responding state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal 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 in which a proceeding is filed or to which a proceeding
is forwarded for filing from an initiating state under this chapter or a law or procedure substantially
similar to this chapter, the Uniform Reciprocal Enforcement 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, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
United States. The term includes an Indian tribe and a foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of support orders which are substantially similar
to the procedures under this chapter, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act.
(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 35. Section 78-45f-605 is amended to read:
78-45f-605. Notice of registration of order.
(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 the date of mailing or personal service of the notice;
(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 In IV-D Cases.
Section 36. Section 78-45f-606 is amended to read:
78-45f-606. Procedure to contest validity or enforcement of 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 of the date, time, and place of the hearing.
Section 37. Section 78-45f-701 is amended to read:
78-45f-701. Proceeding to determine parentage.
(1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding
brought under this chapter or a law or procedure substantially similar to this chapter [
Reciprocal Enforcement of Support Act, or the Revised 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 38. Section 78-45f-802 is amended to read:
78-45f-802. Conditions of rendition.
(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 [
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support
Act, the governor of another state makes a 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 39. Section 78-45f-902 is enacted to read:
78-45f-902. Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid,
the invalidity does not affect other provision or application of this chapter which can be given effect
without the invalid provision or application, and to this end the provisions of this chapter are
severable.
Section 40. Repealer.
This act repeals:
Section 78-45-4.1, Duty of stepparent to support stepchild -- Effect of termination of
marriage or common law relationship.
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