35A-3-108. Assignment of support.
(1) (a) The division shall obtain an assignment of support from each applicant or client
regardless of whether the payment is court ordered.
(b) Upon the receipt of assistance, any right to receive support from another person passes
to the state, even if the client has not executed and delivered an assignment to the division as
required by Subsection (1)(a).
(c) The right to support described in Subsection (1)(b) includes a right to support in the
applicant's or client's own behalf or in behalf of any family member for whom the applicant or
client is applying for or receiving assistance.
(2) An assignment of support or a passing of rights under Subsection (1)(b) 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
under Subsection (1)(b), the applicant or client is eligible to regular monthly assistance and the
support paid to the division is a refund.
(4) All sums refunded, except any amount which is required to be credited to the federal
government, shall be deposited into the General Fund.
(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 the date the family
stops receiving cash assistance, if the assignment is executed on or after October 1, 1998.
(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.
Amended by Chapter 188, 1998 General Session
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Last revised: Thursday, May 28, 2009