S.B. 64

1

WELFARE REFORM AMENDMENTS TO CHILD SUPPORT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Nathan C. Tanner
5 AN ACT RELATING TO HUMAN SERVICES; AMENDING STATE'S CHILD SUPPORT
6 LAWS TO COMPLY WITH FEDERAL REQUIREMENTS OF WELFARE REFORM
7 LEGISLATION; AMENDING DISTRIBUTION OF SUPPORT ARREARAGES;
8 PROVIDING SAFEGUARDS FOR CERTAIN INFORMATION; CLARIFYING
9 NOTIFICATION PROCEDURES; ESTABLISHING A NEW HIRE REGISTRY WITHIN
10 THE DEPARTMENT OF WORKFORCE SERVICES; AMENDING INCOME
11 WITHHOLDING LAWS TO LIMIT INVOLVEMENT OF THE OFFICE OF RECOVERY
12 SERVICES IN NON IV-D CASES; REQUIRING SOCIAL SECURITY NUMBERS ON
13 CERTAIN GOVERNMENT DOCUMENTS AND AMENDING GRAMA TO PROTECT
14 THOSE NUMBERS; AMENDING AND RENUMBERING THE UNIFORM INTERSTATE
15 FAMILY SUPPORT ACT WHICH AMENDS CERTAIN PRIVILEGES AND IMMUNITIES
16 AVAILABLE BETWEEN SPOUSES; REPEALING THE UNIFORM RECIPROCAL
17 ENFORCEMENT OF SUPPORT ACT; REQUIRING LOCATION INFORMATION TO BE
18 UPDATED; AMENDING PROVISIONS ON GENETIC TESTING; AMENDING
19 PATERNITY ACKNOWLEDGMENT PROCEDURES; ELIMINATING RIGHT TO A JURY
20 TRIAL FOR PATERNITY; AMENDING PROCEDURE FOR MODIFYING SUPPORT
21 ORDERS; EXTENDING IMMUNITY TO PRIVATE ENTITIES FOR PROVIDING
22 INFORMATION TO THE OFFICE OF RECOVERY SERVICES; AMENDING
23 PROCEDURES FOR REPORTING PAST-DUE SUPPORT TO CREDIT REPORTING
24 AGENCIES; AMENDING PROCESS AND PRIORITY FOR APPLYING TAX REFUND TO
25 PAST-DUE CHILD SUPPORT; AUTHORIZING STATE COURTS TO SUSPEND
26 DRIVER'S LICENSES, PROFESSIONAL LICENSES, AND RECREATIONAL LICENSES
27 FOR FAILURE TO COMPLY WITH A SUPPORT OR VISITATION ORDER; AMENDING

1 CHILD SUPPORT LIEN LAWS; AUTHORIZING THE OFFICE OF RECOVERY
2 SERVICES TO ESTABLISH AND MAINTAIN AN AUTOMATED CASE REGISTRY,
3 COLLECT INFORMATION AND TAKE CERTAIN ENFORCEMENT ACTIONS
4 THROUGH EXPEDITED PROCEDURES, DETERMINE COMPLIANCE WITH
5 COOPERATION REQUIREMENTS, REQUEST WORK ACTIVITIES FOR PAST-DUE
6 SUPPORT, AND ENTER INTO ENFORCEMENT AGREEMENTS WITH INDIAN TRIBES
7 AND FOREIGN COUNTRIES; MAKING TECHNICAL AND CONFORMING
8 AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 26-2-5, as last amended by Chapter 202, Laws of Utah 1995
12 30-3-5, as last amended by Chapter 330, Laws of Utah 1995
13 30-3-5.1, as last amended by Chapter 244, Laws of Utah 1996
14 30-3-10.6, as last amended by Chapters 62 and 115, Laws of Utah 1989
15 31A-23-202, as last amended by Chapter 261, Laws of Utah 1989
16 31A-23-216, as last amended by Chapter 344, Laws of Utah 1995
17 31A-26-202, as enacted by Chapter 242, Laws of Utah 1985
18 31A-26-213, as last amended by Chapter 327, Laws of Utah 1990
19 58-1-301, as renumbered and amended by Chapter 297, Laws of Utah 1993
20 59-10-529, as last amended by Chapter 1, Laws of Utah 1993, Second Special Session
21 61-1-4, as last amended by Chapter 161, Laws of Utah 1991
22 61-2-6, as last amended by Chapter 146, Laws of Utah 1993
23 62A-11-103, as last amended by Chapter 62, Laws of Utah 1989
24 62A-11-104, as last amended by Chapter 258, Laws of Utah 1995
25 62A-11-107, as last amended by Chapter 140, Laws of Utah 1994
26 62A-11-108, as last amended by Chapter 258, Laws of Utah 1995
27 62A-11-303, as last amended by Chapter 1, Laws of Utah 1996
28 62A-11-304.2, as last amended by Chapter 258, Laws of Utah 1995
29 62A-11-305, as last amended by Chapter 149, Laws of Utah 1996
30 62A-11-306.1, as last amended by Chapter 140, Laws of Utah 1994
31 62A-11-307.1, as enacted by Chapter 62, Laws of Utah 1989

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1 62A-11-307.2, as last amended by Chapter 140, Laws of Utah 1994
2 62A-11-320, as enacted by Chapter 1, Laws of Utah 1988
3 62A-11-401, as last amended by Chapter 261, Laws of Utah 1993
4 62A-11-403, as last amended by Chapter 261, Laws of Utah 1993
5 62A-11-405, as last amended by Chapter 140, Laws of Utah 1994
6 62A-11-406, as last amended by Chapter 140, Laws of Utah 1994
7 62A-11-407, as last amended by Chapter 140, Laws of Utah 1994
8 62A-11-408, as last amended by Chapter 251, Laws of Utah 1990
9 62A-11-409, as enacted by Chapter 1, Laws of Utah 1988
10 62A-11-501, as enacted by Chapter 261, Laws of Utah 1993
11 62A-11-502, as last amended by Chapter 258, Laws of Utah 1995
12 63-2-302, as last amended by Chapter 195, Laws of Utah 1996
13 78-3-21, as last amended by Chapter 254, Laws of Utah 1996
14 78-32-17, as last amended by Chapter 150, Laws of Utah 1996
15 78-45-2, as last amended by Chapters 118 and 140, Laws of Utah 1994
16 78-45-7, as last amended by Chapters 118 and 140, Laws of Utah 1994
17 78-45-7.2, as last amended by Chapter 118, Laws of Utah 1994
18 78-45a-2, as last amended by Chapter 127, Laws of Utah 1994
19 78-45a-5, as last amended by Chapter 140, Laws of Utah 1994
20 78-45a-6.5, as enacted by Chapter 93, Laws of Utah 1988
21 78-45a-7, as last amended by Chapter 160, Laws of Utah 1992
22 78-45e-2, as last amended by Chapter 258, Laws of Utah 1995
23 78-45e-3, as enacted by Chapter 127, Laws of Utah 1994
24 78-45e-4, as enacted by Chapter 127, Laws of Utah 1994
25 ENACTS:
26 23-19-9.1, Utah Code Annotated 1953
27 26-4-26, Utah Code Annotated 1953
28 30-3-10.17, Utah Code Annotated 1953
29 35A-11-101, Utah Code Annotated 1953
30 35A-11-102, Utah Code Annotated 1953
31 35A-11-103, Utah Code Annotated 1953

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1 35A-11-104, Utah Code Annotated 1953
2 35A-11-105, Utah Code Annotated 1953
3 35A-11-106, Utah Code Annotated 1953
4 35A-11-107, Utah Code Annotated 1953
5 35A-11-108, Utah Code Annotated 1953
6 58-1-504, Utah Code Annotated 1953
7 61-1-6.5, Utah Code Annotated 1953
8 61-2-13.5, Utah Code Annotated 1953
9 62A-11-304.4, Utah Code Annotated 1953
10 62A-11-304.5, Utah Code Annotated 1953
11 62A-11-312.5, Utah Code Annotated 1953
12 62A-11-315.5, Utah Code Annotated 1953
13 62A-11-320.6, Utah Code Annotated 1953
14 62A-11-320.7, Utah Code Annotated 1953
15 62A-11-505, Utah Code Annotated 1953
16 62A-11-506, Utah Code Annotated 1953
17 62A-11-507, Utah Code Annotated 1953
18 62A-11-508, Utah Code Annotated 1953
19 62A-11-509, Utah Code Annotated 1953
20 62A-11-510, Utah Code Annotated 1953
21 62A-11-511, Utah Code Annotated 1953
22 78-45-7.22, Utah Code Annotated 1953
23 78-45a-11.5, Utah Code Annotated 1953
24 78-45f-316, Utah Code Annotated 1953
25 78-45f-502, Utah Code Annotated 1953
26 78-45f-503, Utah Code Annotated 1953
27 78-45f-504, Utah Code Annotated 1953
28 78-45f-505, Utah Code Annotated 1953
29 78-45f-506, Utah Code Annotated 1953
30 78-45f-613, Utah Code Annotated 1953
31 78-45f-614, Utah Code Annotated 1953

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1 RENUMBERS AND AMENDS:
2 35A-8-108, (Renumbered from 62A-9-121, as last amended by Chapter 258, Laws of Utah
3 1995)
4 78-45f-100, (Renumbered from 77-31a-100, as enacted by Chapter 149, Laws of Utah 1996)
5 78-45f-101, (Renumbered from 77-31a-101, as enacted by Chapter 149, Laws of Utah 1996)
6 78-45f-102, (Renumbered from 77-31a-102, as enacted by Chapter 149, Laws of Utah 1996)
7 78-45f-103, (Renumbered from 77-31a-103, as enacted by Chapter 149, Laws of Utah 1996)
8 78-45f-201, (Renumbered from 77-31a-201, as enacted by Chapter 149, Laws of Utah 1996)
9 78-45f-202, (Renumbered from 77-31a-202, as enacted by Chapter 149, Laws of Utah 1996)
10 78-45f-203, (Renumbered from 77-31a-203, as enacted by Chapter 149, Laws of Utah 1996)
11 78-45f-204, (Renumbered from 77-31a-204, as enacted by Chapter 149, Laws of Utah 1996)
12 78-45f-205, (Renumbered from 77-31a-205, as enacted by Chapter 149, Laws of Utah 1996)
13 78-45f-206, (Renumbered from 77-31a-206, as enacted by Chapter 149, Laws of Utah 1996)
14 78-45f-207, (Renumbered from 77-31a-207, as enacted by Chapter 149, Laws of Utah 1996)
15 78-45f-208, (Renumbered from 77-31a-208, as enacted by Chapter 149, Laws of Utah 1996)
16 78-45f-209, (Renumbered from 77-31a-209, as enacted by Chapter 149, Laws of Utah 1996)
17 78-45f-301, (Renumbered from 77-31a-301, as enacted by Chapter 149, Laws of Utah 1996)
18 78-45f-302, (Renumbered from 77-31a-302, as enacted by Chapter 149, Laws of Utah 1996)
19 78-45f-303, (Renumbered from 77-31a-303, as enacted by Chapter 149, Laws of Utah 1996)
20 78-45f-304, (Renumbered from 77-31a-304, as enacted by Chapter 149, Laws of Utah 1996)
21 78-45f-305, (Renumbered from 77-31a-305, as enacted by Chapter 149, Laws of Utah 1996)
22 78-45f-306, (Renumbered from 77-31a-306, as enacted by Chapter 149, Laws of Utah 1996)
23 78-45f-307, (Renumbered from 77-31a-307, as enacted by Chapter 149, Laws of Utah 1996)
24 78-45f-308, (Renumbered from 77-31a-308, as enacted by Chapter 149, Laws of Utah 1996)
25 78-45f-309, (Renumbered from 77-31a-309, as enacted by Chapter 149, Laws of Utah 1996)
26 78-45f-310, (Renumbered from 77-31a-310, as enacted by Chapter 149, Laws of Utah 1996)
27 78-45f-311, (Renumbered from 77-31a-311, as enacted by Chapter 149, Laws of Utah 1996)
28 78-45f-312, (Renumbered from 77-31a-312, as enacted by Chapter 149, Laws of Utah 1996)
29 78-45f-313, (Renumbered from 77-31a-313, as enacted by Chapter 149, Laws of Utah 1996)
30 78-45f-314, (Renumbered from 77-31a-314, as enacted by Chapter 149, Laws of Utah 1996)
31 78-45f-315, (Renumbered from 77-31a-315, as enacted by Chapter 149, Laws of Utah 1996)

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1 78-45f-317, (Renumbered from 77-31a-317, as enacted by Chapter 149, Laws of Utah 1996)
2 78-45f-318, (Renumbered from 77-31a-318, as enacted by Chapter 149, Laws of Utah 1996)
3 78-45f-319, (Renumbered from 77-31a-319, as enacted by Chapter 149, Laws of Utah 1996)
4 78-45f-401, (Renumbered from 77-31a-401, as enacted by Chapter 149, Laws of Utah 1996)
5 78-45f-501, (Renumbered from 77-31a-501, as enacted by Chapter 149, Laws of Utah 1996)
6 78-45f-507, (Renumbered from 77-31a-502, as enacted by Chapter 149, Laws of Utah 1996)
7 78-45f-601, (Renumbered from 77-31a-601, as enacted by Chapter 149, Laws of Utah 1996)
8 78-45f-602, (Renumbered from 77-31a-602, as enacted by Chapter 149, Laws of Utah 1996)
9 78-45f-603, (Renumbered from 77-31a-603, as enacted by Chapter 149, Laws of Utah 1996)
10 78-45f-604, (Renumbered from 77-31a-604, as enacted by Chapter 149, Laws of Utah 1996)
11 78-45f-605, (Renumbered from 77-31a-605, as enacted by Chapter 149, Laws of Utah 1996)
12 78-45f-606, (Renumbered from 77-31a-606, as enacted by Chapter 149, Laws of Utah 1996)
13 78-45f-607, (Renumbered from 77-31a-607, as enacted by Chapter 149, Laws of Utah 1996)
14 78-45f-608, (Renumbered from 77-31a-608, as enacted by Chapter 149, Laws of Utah 1996)
15 78-45f-609, (Renumbered from 77-31a-609, as enacted by Chapter 149, Laws of Utah 1996)
16 78-45f-610, (Renumbered from 77-31a-610, as enacted by Chapter 149, Laws of Utah 1996)
17 78-45f-611, (Renumbered from 77-31a-611, as enacted by Chapter 149, Laws of Utah 1996)
18 78-45f-612, (Renumbered from 77-31a-612, as enacted by Chapter 149, Laws of Utah 1996)
19 78-45f-701, (Renumbered from 77-31a-701, as enacted by Chapter 149, Laws of Utah 1996)
20 78-45f-801, (Renumbered from 77-31a-801, as enacted by Chapter 149, Laws of Utah 1996)
21 78-45f-802, (Renumbered from 77-31a-802, as enacted by Chapter 149, Laws of Utah 1996)
22 78-45f-901, (Renumbered from 77-31a-901, as enacted by Chapter 149, Laws of Utah 1996)
23 REPEALS AND REENACTS:
24 62A-11-304.1, as enacted by Chapter 62, Laws of Utah 1989
25 62A-11-320.5, as enacted by Chapter 275, Laws of Utah 1990
26 62A-11-327, as last amended by Chapter 258, Laws of Utah 1995
27 62A-11-404, as last amended by Chapter 261, Laws of Utah 1993
28 62A-11-503, as enacted by Chapter 261, Laws of Utah 1993
29 62A-11-504, as enacted by Chapter 261, Laws of Utah 1993
30 78-45a-10, as last amended by Chapter 160, Laws of Utah 1992
31 REPEALS:

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1 62A-11-304.3, as last amended by Chapter 140, Laws of Utah 1994
2 62A-11-309, as last amended by Chapter 62, Laws of Utah 1989
3 62A-11-311, as last amended by Chapter 62, Laws of Utah 1989
4 62A-11-311.1, as enacted by Chapter 62, Laws of Utah 1989
5 62A-11-312, as last amended by Chapter 203, Laws of Utah 1988
6 62A-11-314, as enacted by Chapter 1, Laws of Utah 1988
7 62A-11-315, as enacted by Chapter 1, Laws of Utah 1988
8 62A-11-404.5, as last amended by Chapter 261, Laws of Utah 1993
9 62A-11-412, as last amended by Chapter 261, Laws of Utah 1993
10 77-31-1, as enacted by Chapter 15, Laws of Utah 1980
11 77-31-2, as last amended by Chapter 183, Laws of Utah 1990
12 77-31-3, as enacted by Chapter 15, Laws of Utah 1980
13 77-31-4, as enacted by Chapter 15, Laws of Utah 1980
14 77-31-5, as enacted by Chapter 15, Laws of Utah 1980
15 77-31-6, as last amended by Chapter 38, Laws of Utah 1993
16 77-31-7, as enacted by Chapter 15, Laws of Utah 1980
17 77-31-8, as enacted by Chapter 15, Laws of Utah 1980
18 77-31-9, as enacted by Chapter 15, Laws of Utah 1980
19 77-31-10, as enacted by Chapter 15, Laws of Utah 1980
20 77-31-11, as enacted by Chapter 15, Laws of Utah 1980
21 77-31-12, as last amended by Chapter 183, Laws of Utah 1990
22 77-31-13, as enacted by Chapter 15, Laws of Utah 1980
23 77-31-14, as enacted by Chapter 15, Laws of Utah 1980
24 77-31-15, as enacted by Chapter 15, Laws of Utah 1980
25 77-31-16, as enacted by Chapter 15, Laws of Utah 1980
26 77-31-17, as enacted by Chapter 15, Laws of Utah 1980
27 77-31-18, as enacted by Chapter 15, Laws of Utah 1980
28 77-31-19, as enacted by Chapter 15, Laws of Utah 1980
29 77-31-20, as enacted by Chapter 15, Laws of Utah 1980
30 77-31-21, as enacted by Chapter 15, Laws of Utah 1980
31 77-31-22, as enacted by Chapter 15, Laws of Utah 1980

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1 77-31-23, as enacted by Chapter 15, Laws of Utah 1980
2 77-31-24, as enacted by Chapter 15, Laws of Utah 1980
3 77-31-25, as enacted by Chapter 15, Laws of Utah 1980
4 77-31-26, as enacted by Chapter 15, Laws of Utah 1980
5 77-31-27, as enacted by Chapter 15, Laws of Utah 1980
6 77-31-28, as enacted by Chapter 15, Laws of Utah 1980
7 77-31-29, as enacted by Chapter 15, Laws of Utah 1980
8 77-31-30, as enacted by Chapter 15, Laws of Utah 1980
9 77-31-31, as enacted by Chapter 15, Laws of Utah 1980
10 77-31-32, as last amended by Chapter 20, Laws of Utah 1995
11 77-31-33, as enacted by Chapter 15, Laws of Utah 1980
12 77-31-34, as enacted by Chapter 15, Laws of Utah 1980
13 77-31-35, as enacted by Chapter 15, Laws of Utah 1980
14 77-31-36, as enacted by Chapter 15, Laws of Utah 1980
15 77-31-37, as enacted by Chapter 15, Laws of Utah 1980
16 77-31-38, as enacted by Chapter 15, Laws of Utah 1980
17 77-31-39, as enacted by Chapter 15, Laws of Utah 1980
18 77-31a-203.5, as enacted by Chapter 149, Laws of Utah 1996
19 78-25-18, as enacted by Chapter 46, Laws of Utah 1955
20 78-25-19, as enacted by Chapter 46, Laws of Utah 1955
21 78-25-20, as enacted by Chapter 46, Laws of Utah 1955
22 78-25-21, as last amended by Chapter 257, Laws of Utah 1969
23 78-25-22, as enacted by Chapter 46, Laws of Utah 1955
24 78-25-23, as enacted by Chapter 46, Laws of Utah 1955
25 78-45a-8, as enacted by Chapter 158, Laws of Utah 1965
26 78-45a-9, as enacted by Chapter 158, Laws of Utah 1965
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 23-19-9.1 is enacted to read:
29 23-19-9.1. Court ordered action against a license.
30 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
31 issued under this chapter if so ordered by a court.

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1 Section 2. Section 26-2-5 is amended to read:
2 26-2-5. Birth certificates -- Execution and registration requirements.
3 (1) As used in this section, "birthing facility" means a general acute hospital or birthing
4 center as defined in Section 26-21-2.
5 (2) For each live birth occurring in the state, a certificate shall be filed with the local
6 registrar for the district in which the birth occurred within ten days following the birth. The
7 certificate shall be registered if it is completed and filed in accordance with this chapter.
8 (3) (a) For each live birth that occurs in a birthing facility, the administrator of the birthing
9 facility, or his designee, shall obtain and enter the information required under this chapter on the
10 certificate, securing the required signatures, and filing the certificate.
11 (b) (i) The date, time, place of birth, and required medical information shall be certified
12 by the birthing facility administrator or his designee.
13 (ii) The attending physician or nurse midwife may sign the certificate, but if the attending
14 physician or nurse midwife has not signed the certificate within seven days of the date of birth, the
15 birthing facility administrator or his designee shall enter the attending physician's or nurse
16 midwife's name and transmit the certificate to the local registrar.
17 (iii) The information on the certificate about the parents shall be provided and certified by
18 the mother or father or, in their incapacity or absence, by a person with knowledge of the facts.
19 (4) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
20 administrator or director of that facility, or his designee, shall:
21 (i) provide the birth mother and biological father with a voluntary declaration of paternity
22 form published by the state registrar;
23 (ii) provide oral and written notice to the birth mother and biological father of the
24 alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing
25 the declaration;
26 [(ii)] (iii) provide notarization of the signatures required on the form in accordance with
27 Section 78-45e-3;
28 [(iii)] (iv) enter the biological father's information on the original birth certificate only if
29 the mother and biological father have signed a voluntary declaration of paternity or a court or
30 administrative agency has issued an adjudication of paternity; and
31 [(iv)] (v) file the completed declaration with the original birth certificate.

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1 (b) The state registrar shall file the information provided on the voluntary declaration of
2 paternity form with the original birth certificate and may provide certified copies of the declaration
3 of paternity as otherwise provided under Title 78, Chapter 45e, Voluntary Declaration of Paternity
4 Act.
5 (5) (a) For live births that occur outside a birthing facility, the certificate shall be
6 completed and filed by the physician, nurse, midwife, or other person primarily responsible for
7 providing assistance to the mother at the birth. If there is no such person, the father shall complete
8 and file the certificate. In his absence, the mother shall complete and file the certificate, and in the
9 event of her death or disability, the owner or operator of the premises where the birth occurred
10 shall do so.
11 (b) The certificate shall be completed as fully as possible and shall include the date, time,
12 and place of birth, the mother's name, and the signature of the person completing the certificate.
13 (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
14 a description of the process for filing a voluntary declaration of paternity, and of the rights and
15 responsibilities established or effected by that filing, in accordance with Title 78, Chapter 45e,
16 Voluntary Declaration of Paternity Act.
17 (b) Information regarding the form and services related to voluntary paternity
18 establishment shall be made available to birthing facilities and to any other entity or individual
19 upon request.
20 (7) The name of a father may only be included on the birth certificate of a child of
21 unmarried parents if:
22 (a) the mother and father have signed a voluntary declaration of paternity; or
23 (b) a court or administrative agency has issued an adjudication of paternity.
24 (8) Voluntary declarations of paternity and adjudications of paternity by judicial or
25 administrative agencies shall be filed with and maintained by the state registry for the purpose of
26 comparing information with the state case registry maintained by the Office of Recovery Services
27 pursuant to Section 62A-11-104.
28 Section 3. Section 26-4-26 is enacted to read:
29 26-4-26. Social security number in certification of death.
30 A certification of death shall include, if known, the social security number of the deceased
31 person and a copy of the certification shall be sent to the Office of Recovery Services within the

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1 Department of Human Services upon request.
2 Section 4. Section 30-3-5 is amended to read:
3 30-3-5. Disposition of property -- Maintenance and health care of parties and
4 children -- Division of debts -- Court to have continuing jurisdiction -- Custody and visitation
5 -- Determination of alimony -- Nonmeritorious petition for modification.
6 (1) When a decree of divorce is rendered, the court may include in it equitable orders
7 relating to the children, property, debts or obligations, and parties. The court shall include the
8 following in every decree of divorce:
9 (a) an order assigning responsibility for the payment of reasonable and necessary medical
10 and dental expenses of the dependent children;
11 (b) if coverage is or becomes available at a reasonable cost, an order requiring the purchase
12 and maintenance of appropriate health, hospital, and dental care insurance for the dependent
13 children;
14 (c) pursuant to Section 15-4-6.5:
15 (i) an order specifying which party is responsible for the payment of joint debts,
16 obligations, or liabilities of the parties contracted or incurred during marriage;
17 (ii) an order requiring the parties to notify respective creditors or obligees, regarding the
18 court's division of debts, obligations, or liabilities and regarding the parties' separate, current
19 addresses; and
20 (iii) provisions for the enforcement of these orders; and
21 (d) provisions for income withholding in accordance with Title 62A, Chapter 11, [Parts
22 4 and 5; and] Recovery Services.
23 [(e) with regard to child support orders issued or modified on or after January 1, 1994, that
24 are subject to income withholding, an order assessing against the obligor an additional $7 per
25 month check processing fee to be included in the amount withheld and paid to the Office of
26 Recovery Services within the Department of Human Services for the purposes of income
27 withholding in accordance with Title 62A, Chapter 11, Parts 4 and 5.]
28 (2) The court may include, in an order determining child support, an order assigning
29 financial responsibility for all or a portion of child care expenses incurred on behalf of the
30 dependent children, necessitated by the employment or training of the custodial parent. If the court
31 determines that the circumstances are appropriate and that the dependent children would be

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1 adequately cared for, it may include an order allowing the noncustodial parent to provide child care
2 for the dependent children, necessitated by the employment or training of the custodial parent.
3 (3) The court has continuing jurisdiction to make subsequent changes or new orders for
4 the custody of the children and their support, maintenance, health, and dental care, and for
5 distribution of the property and obligations for debts as is reasonable and necessary.
6 (4) (a) In determining visitation rights of parents, grandparents, and other members of the
7 immediate family, the court shall consider the best interest of the child.
8 (b) Upon a specific finding by the court of the need for peace officer enforcement, the
9 court may include in an order establishing a visitation schedule a provision, among other things,
10 authorizing any peace officer to enforce a court ordered visitation schedule entered under this
11 chapter.
12 (5) If a petition for modification of child custody or visitation provisions of a court order
13 is made and denied, the court shall order the petitioner to pay the reasonable attorneys' fees
14 expended by the prevailing party in that action, if the court determines that the petition was
15 without merit and not asserted or defended against in good faith.
16 (6) If a petition alleges substantial noncompliance with a visitation order by a parent, a
17 grandparent, or other member of the immediate family pursuant to Section 78-32-12.2 where a
18 visitation right has been previously granted by the court, the court may award to the prevailing
19 party costs, including actual attorney fees and court costs incurred by the prevailing party because
20 of the other party's failure to provide or exercise court-ordered visitation.
21 (7) (a) The court shall consider at least the following factors in determining alimony:
22 (i) the financial condition and needs of the recipient spouse;
23 (ii) the recipient's earning capacity or ability to produce income;
24 (iii) the ability of the payor spouse to provide support; and
25 (iv) the length of the marriage.
26 (b) The court may consider the fault of the parties in determining alimony.
27 (c) As a general rule, the court should look to the standard of living, existing at the time
28 of separation, in determining alimony in accordance with Subsection (a). However, the court shall
29 consider all relevant facts and equitable principles and may, in its discretion, base alimony on the
30 standard of living that existed at the time of trial. In marriages of short duration, when no children
31 have been conceived or born during the marriage, the court may consider the standard of living

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1 that existed at the time of the marriage.
2 (d) The court may, under appropriate circumstances, attempt to equalize the parties'
3 respective standards of living.
4 (e) When a marriage of long duration dissolves on the threshold of a major change in the
5 income of one of the spouses due to the collective efforts of both, that change shall be considered
6 in dividing the marital property and in determining the amount of alimony. If one spouse's earning
7 capacity has been greatly enhanced through the efforts of both spouses during the marriage, the
8 court may make a compensating adjustment in dividing the marital property and awarding
9 alimony.
10 (f) In determining alimony when a marriage of short duration dissolves, and no children
11 have been conceived or born during the marriage, the court may consider restoring each party to
12 the condition which existed at the time of the marriage.
13 (g) (i) The court has continuing jurisdiction to make substantive changes and new orders
14 regarding alimony based on a substantial material change in circumstances not forseeable at the
15 time of the divorce.
16 (ii) The court may not modify alimony or issue a new order for alimony to address needs
17 of the recipient that did not exist at the time the decree was entered, unless the court finds
18 extenuating circumstances that justify that action.
19 (iii) In determining alimony, the income of any subsequent spouse of the payor may not
20 be considered, except as provided in this subsection.
21 (A) The court may consider the subsequent spouse's financial ability to share living
22 expenses.
23 (B) The court may consider the income of a subsequent spouse if the court finds that the
24 payor's improper conduct justifies that consideration.
25 (h) Alimony may not be ordered for a duration longer than the number of years that the
26 marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
27 circumstances that justify the payment of alimony for a longer period of time.
28 (8) Unless a decree of divorce specifically provides otherwise, any order of the court that
29 a party pay alimony to a former spouse automatically terminates upon the remarriage of that
30 former spouse. However, if the remarriage is annulled and found to be void ab initio, payment
31 of alimony shall resume if the party paying alimony is made a party to the action of annulment and

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1 his rights are determined.
2 (9) Any order of the court that a party pay alimony to a former spouse terminates upon
3 establishment by the party paying alimony that the former spouse is cohabitating with another
4 person.
5 Section 5. Section 30-3-5.1 is amended to read:
6 30-3-5.1. Provision for income withholding in child support order.
7 Whenever a court enters an order for child support, it shall include in the order a provision
8 for withholding income as a means of collecting child support as provided in Title 62A, Chapter
9 11, [Part 4, Income Withholding] Recovery Services.
10 Section 6. Section 30-3-10.6 is amended to read:
11 30-3-10.6. Payment under child support order -- Judgment.
12 (1) Each payment or installment of child or spousal support under any child support order,
13 as defined by [Subsection] Section 62A-11-401[(3)], is, on and after the date it is due:
14 (a) a judgment with the same attributes and effect of any judgment of a district court,
15 except as provided in Subsection (2);
16 (b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and
17 (c) not subject to retroactive modification by this or any other jurisdiction, except as
18 provided in Subsection (2).
19 (2) A child or spousal support payment under a child support order may be modified with
20 respect to any period during which a petition for modification is pending, but only from the date
21 notice of that petition was given to the obligee, if the obligor is the petitioner, or to the obligor, if
22 the obligee is the petitioner.
23 (3) For purposes of this section, "jurisdiction" means a state or political subdivision, a
24 territory or possession of the United States, the District of Columbia, and the Commonwealth of
25 Puerto Rico.
26 (4) The judgment provided for in Subsection (1)(a), to be effective and enforceable as a
27 lien against the real property interest of any third party relying on the public record, shall be
28 docketed in the district court in accordance with Sections 78-22-1 and [62A-11-311]
29 62A-11-312.5.
30 Section 7. Section 30-3-10.17 is enacted to read:
31 30-3-10.17. Social security number in court records.

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1 The social security number of any individual who is subject to a divorce decree, support
2 order, or paternity determination or acknowledgment shall be placed in the records relating to the
3 matter.
4 Section 8. Section 31A-23-202 is amended to read:
5 31A-23-202. Application for license.
6 (1) The application for a license as an agent, a broker, or a consultant shall be made to the
7 commissioner on forms and in a manner he prescribes. The application shall provide information
8 about the applicant's identity, social security number, personal history, experience, education,
9 business record, and any other information the commissioner reasonably requires.
10 (2) An applicant's social security number is a private record under Subsection
11 63-2-302(1)(g).
12 Section 9. Section 31A-23-216 is amended to read:
13 31A-23-216. Termination of license.
14 (1) A license issued under this chapter remains in force until:
15 (a) revoked, suspended, or limited under Subsection (2);
16 (b) lapsed under Subsection (3);
17 (c) surrendered to and accepted by the commissioner; or
18 (d) the licensee dies or is adjudicated incompetent as defined under Title 75, Chapter 5,
19 Part 3, Guardians of Incapacitated Persons or Part 4, Protection of Property of Persons Under
20 Disability and Minors.
21 (2) (a) After an adjudicative proceeding under Title 63, Chapter 46b, Administrative
22 Procedures Act, the commissioner may revoke, suspend, or limit in whole or in part the license of
23 any agent, broker, surplus lines broker, or consultant who is found:
24 (i) to be unqualified;
25 (ii) to have violated an insurance statute , valid rule under Subsection 31A-2-201 (3), or
26 a valid order under Subsection 31A-2-201 (4); or
27 (iii) if the licensee's methods and practices in the conduct of business endanger the
28 legitimate interests of customers and the public.
29 (b) Every order suspending a license issued under this chapter shall specify the period for
30 which the suspension is effective, but in no event may the period exceed 12 months.
31 (3) Any license issued under this chapter shall lapse if the licensee fails to pay when due

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1 a fee under Section 31A-3-103. The commissioner shall by rule prescribe the license renewal and
2 reinstatement procedures, in accordance with Title 63, Chapter 46a, Utah Administrative
3 Rulemaking Act.
4 (4) A licensee under this chapter whose license is suspended, revoked, or lapsed, but who
5 continues to act as a licensee, is subject to the penalties for acting as a licensee without a license.
6 (5) Any person licensed in this state shall immediately report to the commissioner:
7 (a) a suspension or revocation of that person's license in any other state, District of
8 Columbia, or territory of the United States;
9 (b) the imposition of a disciplinary sanction imposed on that person by any other state,
10 District of Columbia, or territory of the United States; and
11 (c) a judgment or injunction entered against that person on the basis of conduct involving
12 fraud, deceit, misrepresentation, or violation of an insurance law or rule.
13 (6) An order revoking a license under Subsection (2) may specify a time, not to exceed
14 five years, within which the former licensee may not apply for a new license. If no time is
15 specified, the former licensee may not apply for a new license for five years without express
16 approval by the commissioner.
17 (7) Any person whose license is suspended or revoked under Subsection (2) shall, when
18 the suspension ends or a new license is issued, pay all fees that would have been payable if the
19 license had not been suspended or revoked, unless the commissioner by order waives the payment
20 of the interim fees. If a new license is issued more than three years after the revocation of a similar
21 license, this subsection applies only to the fees that would have accrued during the three years
22 immediately following the revocation.
23 (8) The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
24 issued under this part if so ordered by a court.
25 Section 10. Section 31A-26-202 is amended to read:
26 31A-26-202. Application for license.
27 (1) (a) The application for a license as an independent adjuster or public adjuster shall be
28 made to the commissioner on forms and in a manner he prescribes. The application shall provide
29 information about the identity, social security number, personal history, experience, education,
30 business record, and any other information as the commissioner reasonably requires.
31 (b) An applicant's social security number is a S [protected] PRIVATE s record under
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Amend on 2_goldenrod February 21, 1997 31a Subsection
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1 63-2-302(1)(g).
2 (2) Insurance adjusters' licenses issued under former Title 31 remain in effect until their
3 expiration date, but they are subject to any requirement or limitation generally imposed under this
4 title on similar licenses issued after July 1, 1986. Upon timely payment of the license continuation
5 fee under Section 31A-3-103, the commissioner shall issue to adjusters licensed under the former
6 title new licenses conforming to the provisions of this title and rules adopted under it.
7 Section 11. Section 31A-26-213 is amended to read:
8 31A-26-213. Termination of license.
9 (1) A license issued under this chapter remains in force until:
10 (a) revoked, suspended, or limited under Subsection (2);
11 (b) lapsed under Subsection (3);
12 (c) surrendered to and accepted by the commissioner; or
13 (d) the licensee dies or is adjudicated incompetent as defined under Title 75, Chapter 5,
14 Part 3 or 4.
15 (2) After a hearing, the commissioner may revoke, suspend, or limit in whole or in part
16 the license of any person licensed under this chapter whom the commissioner finds is unqualified
17 for his license or who has violated an insurance statute, valid rule under Subsection 31A-2-201 (3),
18 or a valid order under Subsection 31A-2-201 (4), or if the licensee's methods and practices in the
19 conduct of business endanger the legitimate interests of customers and the public. Every order
20 suspending a license issued under this chapter shall specify the period for which the suspension
21 is to be effective, but in no event may the period exceed 12 months.
22 (3) Any license issued under this chapter lapses if the licensee fails to pay when due any
23 fee under Section 31A-3-103. The commissioner shall by rule prescribe the license renewal and
24 reinstatement procedures, in accordance with Title 63, Chapter 46a, Utah Administrative
25 Rulemaking Act.
26 (4) A licensee under this chapter whose license is suspended, revoked, or lapsed, but who
27 continues to act as a licensee, is subject to the penalties for conducting an insurance business
28 without a license.
29 (5) An order revoking a license under Subsection (2) may specify a time not to exceed five
30 years within which the former licensee may not apply for a new license. If no time is specified,
31 the former licensee may not apply for a new license for five years without the express approval of

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1 the commissioner.
2 (6) Any person whose license is suspended or revoked under Subsection (2) shall, when
3 the suspension ends or a new license is issued, pay all fees that would have been payable if the
4 license had not been suspended or revoked, unless the commissioner by order waives the payment
5 of the interim fees. If a new license is issued more than three years after the revocation of a similar
6 license, this subsection applies only to the fees that would have accrued during the three years
7 immediately following the revocation.
8 (7) The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
9 issued under this part if so ordered by a court.
10 Section 12. Section 35A-8-108, which is renumbered from Section 62A-9-121 is
11 renumbered and amended to read:
12 [62A-9-121]. 35A-8-108. Assignment of support.
13 (1) (a) The department shall obtain an assignment of support from each applicant or
14 recipient regardless of whether the payment is court ordered.
15 (b) Any right to support from any other person that has accrued at the time the assignment
16 is executed and that will accrue during receipt of assistance or, if none is executed, at the time of
17 application for assistance, passes to the department upon the receipt of assistance, even if the
18 recipient has not executed and delivered an assignment to the department.
19 (c) The right to support described in Subsection (b) includes a right to support in the
20 applicant's or recipient's own behalf or in behalf of any family member for whom the applicant or
21 recipient is applying for or receiving assistance.
22 (d) (i) An assignment of support is presumed when a child is residing outside of his home
23 in the protective custody, temporary custody, custody, or care of the state for at least 30 days.
24 (ii) By operation of law, the department has the right to receive the support a parent
25 receives for the child in the state's care and custody as described in Subsection (1)(d)(i).
26 (iii) The Office of Recovery Services is the payee for the department under Subsection
27 (1)(d)(ii).
28 (2) An assignment of support or a passing of rights by operation of law includes payments
29 ordered, decreed, or adjudged by any court within this state, any other state, or territory of the
30 United States and is not in lieu of, and shall not supersede or alter, any other court order, decree,
31 or judgment.

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1 (3) When an assignment is executed or the right to support passes to the department by
2 operation of law, the applicant or recipient is entitled to regular monthly assistance and the support
3 paid the department is a refund.
4 (4) All sums refunded, except any amount which is required to be credited to the federal
5 government, shall be [retained by the department for use in the administration of this section and
6 for other authorized activities. Under this section authorized activity includes, but is not limited
7 to, the use of refunded sums to obtain legal services where deemed necessary by the department,
8 to enforce this section, Title 78, Chapters 45 and 45a, as well as any other statutes designated by
9 the department] deposited into the General Fund.
10 (5) On and after the date a family stops receiving cash assistance, an assignment of support
11 under Subsection (1) shall not apply to any support that accrued before the family received such
12 assistance if the department has not collected the support by:
13 (a) September 30, 2000, if the assignment is executed on or after October 1, 1997, and
14 before October 1, 2000; or
15 (b) the date the family stops receiving cash assistance, if the assignment is executed on or
16 after October 1, 2000.
17 (6) The department shall distribute arrearages to families in accordance with the Social
18 Security Act, 42 U.S.C. Sec. 657.
19 (7) The total amount of child support assigned to the department and collected under this
20 section may not exceed the total amount of cash assistance received by the recipient.
21 Section 13. Section 35A-11-101 is enacted to read:
22 CHAPTER 11. CENTRALIZED NEW HIRE REGISTRY ACT
23 35A-11-101. Title.
24 This chapter is known as the "Centralized New Hire Registry Act."
25 Section 14. Section 35A-11-102 is enacted to read:
26 35A-11-102. Definitions.
27 As used in this chapter:
28 (1) "Business day" means a day on which state offices are open for regular business.
29 (2) "Compensation" means payment owed by an employer for labor or services rendered
30 by an employee.
31 (3) "Date of hire" means the earlier of:

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1 (a) the first day for which the employee is owed compensation by the employer; or
2 (b) the first day that an employee reports to work or performs labor or services for the
3 employer.
4 (4) "Date of rehire" means the earlier of:
5 (a) the first day for which the employee is owed compensation by the employer following
6 an unpaid absence of a minimum of six consecutive weeks; or
7 (b) the first day that an employee reports to work or performs labor or services for the
8 employer following an unpaid absence of a minimum of six consecutive weeks.
9 (5) "Employee" means an individual who is an employee within the meaning of Chapter
10 24 of the Internal Revenue Code of 1986 and does not include an employee of a federal or state
11 agency performing intelligence or counterintelligence functions, if the head of that agency
12 determines that reporting the employee could endanger the safety of the employee or compromise
13 an ongoing investigation or intelligence mission.
14 (6) "Employer" means any person or entity who or which is an employer as defined in
15 Section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and
16 any labor organization.
17 (7) "Labor organization" means any entity as defined in Section 2(5) of the National Labor
18 Relations Act, and includes any entity or hiring hall which is used by agreement between the
19 organization and an employer to carry out requirements described in Section 8(f)(3) of the National
20 Labor Relations Act.
21 (8) "Office of Recovery Services" means the state's Title IV-D child S SUPPORT s
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Amend on 2_goldenrod February 21, 1997 21a enforcement agency.
22 (9) "Registry" means the centralized new hire registry created in Section 35A-11-103.
23 Section 15. Section 35A-11-103 is enacted to read:
24 35A-11-103. Establishment of registry.
25 (1) (a) The Department of Workforce Services, through contract with the Office of
26 Recovery Services, shall establish a centralized new hire registry database for the purpose of
27 receiving and maintaining information on newly hired or rehired employees.
28 (b) The database shall be formatted to conduct automatic comparisons as described in
29 Section 35A-11-105 by October 1, 1997.
30 (2) Information in the registry will be used to match the employee's employment records
31 with other databases to allow for the rapid implementation of support orders and verification of
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1 employment status.
2 Section 16. Section 35A-11-104 is enacted to read:
3 35A-11-104. Reporting requirements.
4 (1) An employer who hires or rehires an employee on or after October 1, 1997, shall send
5 to the department:
6 (a) the employee's name, address, and social security number; and
7 (b) the employer's name, address, and federal tax identification number.
8 (2) An employer shall send the information required by this section to the department:
9 (a) not later than 20 days after the date the employer hires or rehires the employee; or
10 (b) if approved by the department, on a semimonthly basis of not less than 12 days nor
11 more than 16 days apart.
12 (3) The department shall determine by rule the form and manner for sending the
13 information required under this section, which may include magnetic, electronic, and voice
14 activated transmission.
15 (4) The reporting requirement of this section does not apply to an employer who has
16 employees in two or more states and sends the information required by this section to a state other
17 than Utah if in compliance with the Social Security Act, 42 U.S.C. Sec. 453A.
18 Section 17. Section 35A-11-105 is enacted to read:
19 35A-11-105. Requirements of the new hire registry.
20 (1) Within five business days after receiving information described in Section 35A-11-104,
21 the department shall:
22 (a) enter the information into the registry;
23 (b) conduct an automated comparison of the social security numbers reported by
24 employers and the social security numbers appearing in the records of the Office of Recovery
25 Services beginning May 1, 1998; and
26 (c) when an information comparison reveals a positive match between an individual's
27 social security number and the child support records, provide the following information to the
28 Office of Recovery Services:
29 (i) the name, address, and social security number of the individual; and
30 (ii) the name, address, and federal tax number of the individual's employer.
31 (2) Beginning May 1, 1998, within two business days after information described in

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1 Section 35A-11-104 is entered into the registry, matched, and reported to the Office of Recovery
2 Services, the Office of Recovery Services shall transmit a notice to the employer directing the
3 employer to withhold the employee's wages in an amount equal to the employee's monthly or other
4 periodic support obligation.
5 (3) Within three business days after information described in Section 35A-11-104 is
6 entered into the registry, the department shall furnish that information to the National Directory
7 of New Hires.
8 (4) The department shall, on a quarterly basis, furnish to the National Directory of New
9 Hires extracts of the reports required under the Social Security Act, 42 U.S.C. Sec. 303(a)(6), to
10 be made to the Secretary of Labor concerning the wages and unemployment compensation paid
11 to individuals by such dates, in such format, and containing such information as specified in
12 federal regulations.
13 (5) State agencies operating employment security and workers' compensation programs
14 may have access to the information in the registry for purposes of administering those programs.
15 Section 18. Section 35A-11-106 is enacted to read:
16 35A-11-106. Penalties for failure to report.
17 (1) An employer who fails to timely report the hiring or rehiring of an employee as
18 required by this chapter is subject to a civil penalty of:
19 (a) $25 for each such failure; or
20 (b) $500 if the failure to report is intentional and is the result of an agreement between the
21 employer and the employee to not supply the required information, or to supply false or
22 incomplete information.
23 (2) The department may assess the penalty by following the procedures and requirements
24 of Title 63, Chapter 46b, Administrative Procedures Act. The S [commission] DEPARTMENT s shall
24a collect any unpaid
25 civil penalty in the same manner as provided for other penalties under Subsections 35A-4-305(3)
26 and (5).
27 Section 19. Section 35A-11-107 is enacted to read:
28 35A-11-107. Use and access to the registry records.
29 (1) (a) The records of the registry shall be maintained as private records under Section
30 63-2-202.
31 (b) In addition to those persons granted access to private records under Sections 63-2-202
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Amend on 2_goldenrod February 21, 1997 - 22 -

1 and 63-2-206, state or federal agencies may access data from the registry for the following
2 purposes:
3 (i) the Office of Recovery Services for use related to locating, establishing, and enforcing
4 child, medical, and spousal support obligations and other services;
5 (ii) state agencies which use financial information in determining eligibility for public
6 assistance programs; and
7 (iii) federal agencies responsible for periodic matches of new hire registry information
8 with federal data bases.
9 (2) Information that is received under this chapter shall be kept by the department for at
10 least six months.
11 Section 20. Section 35A-11-108 is enacted to read:
12 35A-11-108. Authorization to contract for services and collect funds.
13 (1) The department may contract for services to assist with the implementation of this
14 chapter.
15 (2) The department, through contract with the Office of Recovery Services, may collect
16 fees from state and federal agencies for performing data comparisons in accordance with Section
17 35A-4-106.
18 Section 21. Section 58-1-301 is amended to read:
19 58-1-301. License application -- Licensing procedure.
20 (1) (a) Each license applicant shall apply to the division in writing upon forms available
21 from the division. Each completed application shall contain documentation of the particular
22 qualifications required of the applicant, shall include the applicant's social security number, shall
23 be verified by the applicant, and shall be accompanied by the appropriate fees.
24 (b) An applicant's social security number is a S [protected] PRIVATE s record under
Text Box

Amend on 2_goldenrod February 21, 1997 24a Subsection
25 63-2-302(1)(g).
26 (2) (a) A license shall be issued to an applicant who submits a complete application if the
27 division determines that the applicant meets the qualifications of licensure.
28 (b) A written notice of additional proceedings shall be provided to an applicant who
29 submits a complete application, but who has been, is, or will be placed under investigation by the
30 division for conduct directly bearing upon his qualifications for licensure, if the outcome of
31 additional proceedings is required to determine the division's response to the application.
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1 (c) A written notice of denial of licensure shall be provided to an applicant who submits
2 a complete application if the division determines that the applicant does not meet the qualifications
3 of licensure.
4 (d) A written notice of incomplete application and conditional denial of licensure shall be
5 provided to an applicant who submits an incomplete application. This notice shall advise the
6 applicant that the application is incomplete and that the application is denied, unless the applicant
7 corrects the deficiencies within the time period specified in the notice and otherwise meets all
8 qualifications for licensure.
9 (3) Before any person is issued a license under this title, all requirements for that license
10 as established under this title and by rule shall be met.
11 (4) If all requirements are met for the specific license, the division shall issue the license.
12 Section 22. Section 58-1-504 is enacted to read:
13 58-1-504. Court ordered discipline.
14 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
15 issued under this title if so ordered by a court.
16 Section 23. Section 59-10-529 is amended to read:
17 59-10-529. Overpayment of tax -- Credits -- Refunds.
18 (1) In cases where there has been an overpayment of any tax imposed by this chapter, the
19 amount of overpayment is credited as follows:
20 (a) against any income tax then due from the taxpayer;
21 (b) against:
22 (i) the amount of any judgment against the taxpayer, including one ordering the payment
23 of a fine or of restitution to a victim under Section 76-3-201, obtained through due process of law
24 by any entity of state government; or
25 [(c) against] (ii) any child support obligation which is delinquent, as determined by the
26 Office of Recovery Services in the Department of Human Services[, in enforcing, under Title IV-D
27 of the Social Security Act, a court or administrative order for support of a child which has not been
28 reduced to judgment,] and after notice and an opportunity for S [a hearing] AN ADJUDICATIVE
28a PROCEEDING s , as provided in Subsection
29 (2);
30 [(d)] (c) as bail, to ensure the appearance of the taxpayer before the appropriate authority
Text Box

Amend on 2_goldenrod February 21, 1997 31 to resolve an outstanding warrant against the taxpayer for which bail is due, if a court of competent
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1 jurisdiction has not approved an alternative form of payment. This bail may be applied to any fine
2 or forfeiture which is due and related to a warrant which is outstanding on or after February 16,
3 1984, and in accordance with Subsections (3) and (4).
4 (2) (a) Subsection (1)[(c)] (b)(ii) may be exercised only if the Office of Recovery Services
5 [serves prior] has mailed written notice [on] to the [taxpayer by personal service or certified mail,
6 restricted delivery] taxpayer's last-known address or the address on file under Section
7 62A-11-304.4, stating:
8 (i) the amount of child support [which is alleged to be delinquent] that is past-due as of
9 the date of the notice or other specified date; [and]
10 (ii) that [the] any overpayment shall be applied to reduce [that alleged] the amount of
11 past-due child support [debt unless the taxpayer appears at an administrative hearing before the
12 department and successfully contests the child support debt or the application of the overpayment
13 to that debt.] specified in the notice; and
14 (iii) that the taxpayer may contest the amount of past-due child support specified in the
15 notice by filing a written request for an adjudicative proceeding with the office within 15 days of
16 the notice being sent.
17 (b) If an overpayment of tax is credited against a [delinquent] past-due child support
18 obligation in accordance with Subsection (1)[(c)] (b)(ii) in [non-AFDC] noncash assistance cases,
19 the Office of Recovery Services shall inform the [non-AFDC custodial parent] obligee parent in
20 advance if it will first use any portion of the overpayment to satisfy unreimbursed [AFDC] cash
21 assistance or foster care maintenance payments which have been provided to that family.
22 (c) The Department of Human Services shall establish rules to implement this subsection,
23 including procedures, in accordance with the other provisions of this section, to ensure prompt
24 reimbursement to the taxpayer of any amount of an overpayment of taxes which was credited
25 against a child support obligation in error, and to ensure prompt distribution of properly credited
26 funds to the [custodial] obligee parent.
27 (3) Subsection (1)[(d)] (c) may be exercised only if:
28 (a) a court has issued a warrant for the arrest of the taxpayer for failure to post bail, appear,
29 or otherwise satisfy the terms of a citation, summons, or court order; and
30 (b) a notice of intent to apply the overpayment as bail on the issued warrant has been
31 mailed to the person's current address on file with the commission.

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1 (4) (a) The commission shall deliver the overpayment applied as bail to the court that
2 issued the warrant of arrest. The clerk of the court is authorized to endorse the check or
3 commission warrant of payment on behalf of the payees and deposit the monies in the court
4 treasury.
5 (b) The court receiving the overpayment applied as bail shall order withdrawal of the
6 warrant for arrest of the taxpayer if the case is one for which a personal appearance of the taxpayer
7 is not required and if the dollar amount of the overpayment represents the full dollar amount of
8 bail. In all other cases, the court receiving the overpayment applied as bail is not required to order
9 the withdrawal of the warrant of arrest of the taxpayer during the 40-day period, and the taxpayer
10 may be arrested on the warrant. However, the bail amount shall be reduced by the amount of tax
11 overpayment received by the court.
12 (c) If the taxpayer fails to respond to the notice described in Subsection (3), or to resolve
13 the warrant within 40 days after the mailing under that subsection, the overpayment applied as bail
14 is forfeited and notice of the forfeiture shall be mailed to the taxpayer at the current address on file
15 with the commission. The court may then issue another warrant or allow the original warrant to
16 remain in force if:
17 (i) the taxpayer has not complied with an order of the court;
18 (ii) the taxpayer has failed to appear and respond to a criminal charge for which a personal
19 appearance is required; or
20 (iii) the taxpayer has paid partial but not full bail in a case for which a personal appearance
21 is not required.
22 (5) If the alleged violations named in the warrant are later resolved in favor of the
23 taxpayer, the bail amount shall be remitted to the taxpayer.
24 (6) Any balance shall be refunded immediately to the taxpayer.
25 (7) (a) If a refund or credit is due because the amount of tax deducted and withheld from
26 wages exceeds the actual tax due, no refund or credit may be made or allowed unless the taxpayer
27 or his legal representative files with the commission a tax return claiming the refund or credit:
28 (i) within three years from the due date of the return, plus the period of any extension of
29 time for filing the return; or
30 (ii) within two years from the date the tax was paid, whichever period is later.
31 (b) In other instances where a refund or credit of tax which has not been deducted and

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1 withheld from income is due, no credit or refund may be allowed or made after three years from
2 the time the tax was paid, unless, before the expiration of the period, a claim is filed by the
3 taxpayer or his legal representative.
4 (8) The fine and bail forfeiture provisions of this section apply to all warrants and fines
5 issued in cases charging the taxpayer with a felony, a misdemeanor, or an infraction described in
6 this section which are outstanding on or after February 16, 1984.
7 (9) If the amount allowable as a credit for tax withheld from the taxpayer exceeds the tax
8 to which the credit relates, the excess is considered an overpayment.
9 (10) A claim for credit or refund of an overpayment which is attributable to the application
10 to the taxpayer of a net operating loss carryback shall be filed within three years from the time the
11 return was due for the taxable year of the loss.
12 (11) If there has been an overpayment of the tax which is required to be deducted and
13 withheld under Section 59-10-402, a refund shall be made to the employer only to the extent that
14 the amount of overpayment was not deducted and withheld by the employer.
15 (12) If there is no tax liability for a period in which an amount is paid as income tax, the
16 amount is an overpayment.
17 (13) If an income tax is assessed or collected after the expiration of the applicable period
18 of limitation, that amount is an overpayment.
19 (14) (a) If a taxpayer is required to report a change or correction in federal taxable income
20 reported on his federal income tax return, or to report a change or correction which is treated in
21 the same manner as if it were an overpayment for federal income tax purposes, or to file an
22 amended return with the commission, a claim for credit or refund of any resulting overpayment
23 of tax shall be filed by the taxpayer within two years from the date the notice of the change,
24 correction, or amended return was required to be filed with the commission.
25 (b) If the report or amended return is not filed within 90 days, interest on any resulting
26 refund or credit ceases to accrue after the 90-day period.
27 (c) The amount of the credit or refund may not exceed the amount of the reduction in tax
28 attributable to the federal change, correction, or items amended on the taxpayer's amended federal
29 income tax return.
30 (d) Except as specifically provided, this section does not affect the amount or the time
31 within which a claim for credit or refund may be filed.

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1 (15) No credit or refund may be allowed or made if the overpayment is less than $1.
2 (16) The amount of the credit or refund may not exceed the tax paid during the three years
3 immediately preceding the filing of the claim, or if no claim is filed, then during the three years
4 immediately preceding the allowance of the credit or refund.
5 (17) In the case of an overpayment of tax by the employer under the withholding
6 provisions of this chapter, a refund or credit shall be made to the employer only to the extent that
7 the amount of the overpayment was not deducted and withheld from wages under the provisions
8 of this chapter.
9 (18) If a taxpayer who is entitled to a refund under this chapter dies, the commission may
10 make payment to the duly appointed executor or administrator of the taxpayer's estate. If there is
11 no executor or administrator, payment may be made to those persons who establish entitlement
12 to inherit the property of the decedent in the proportions set out in Title 75, Uniform Probate Code.
13 (19) Where an overpayment relates to adjustments to net income referred to in Subsection
14 59-10-536 (3)(c), credit may be allowed or a refund paid any time before the expiration of the
15 period within which a deficiency may be assessed.
16 (20) An overpayment of a tax imposed by this chapter shall accrue interest at the rate and
17 in the manner prescribed in Section 59-1-402.
18 Section 24. Section 61-1-4 is amended to read:
19 61-1-4. Licensing procedure.
20 (1) (a) A broker-dealer, agent, investment adviser, or investment adviser representative
21 must obtain an initial or renewal license by filing with the division or its designee an application
22 together with a consent to service of process under Section 61-1-26.
23 (b) (i) The application shall contain the applicant's social security number and whatever
24 information the division by rule requires concerning such matters as:
25 [(i)] (A) the applicant's form and place of organization;
26 [(ii)] (B) the applicant's proposed method of doing business;
27 [(iii)] (C) the qualifications and business history of the applicant; in the case of a
28 broker-dealer or investment adviser, the qualifications and business history of any partner, officer,
29 or director, any person occupying a similar status or performing similar functions, or any person
30 directly or indirectly controlling the broker-dealer or investment adviser;
31 [(iv)] (D) any injunction or administrative order or conviction of a misdemeanor involving

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1 a security or any aspect of the securities business and any conviction of a felony; and
2 [(v)] (E) the applicant's financial condition and history.
3 (ii) An applicant's social security number is a S [protected] PRIVATE s record under
Text Box

Amend on 2_goldenrod February 21, 1997 3a Subsection
4 63-2-302(1)(g).
5 (c) The division may, by rule or order, require an applicant for an initial license to publish
6 an announcement of the application in one or more specified newspapers published in this state.
7 (d) Licenses of broker-dealers, agents, investment advisers, and investment adviser
8 representatives shall expire on December 31 of each year.
9 (e) (i) If no denial order is in effect and no proceeding is pending under Section 61-1-6,
10 a license becomes effective at noon of the 30th day after an application is filed.
11 (ii) The division may by rule or order specify an earlier effective date and may by order
12 defer the effective date until noon of the 30th day after the filing of any amendment.
13 (iii) Licensing of a broker-dealer automatically constitutes licensing of only one partner,
14 officer, director, or a person occupying a similar status or performing similar functions as a
15 licensed agent of the broker-dealer.
16 (iv) Licensing of an investment adviser automatically constitutes licensing of only one
17 partner, officer, director, or a person occupying a similar status or performing similar functions.
18 (2) (a) Every applicant for an initial or renewal license shall pay a reasonable filing fee as
19 determined under Section 61-1-18.4.
20 (b) If the license or renewal is not granted or the application is withdrawn, the division
21 shall retain the fee.
22 (3) A licensed broker-dealer or investment adviser may file an application for licensing
23 of a successor for the unexpired portion of the year. There shall be no filing fee.
24 (4) The division may by rule require a minimum capital for licensed broker-dealers and
25 establish minimum financial requirements for investment advisers, which may include different
26 requirements for those investment advisers who maintain custody of or have discretionary
27 authority over client funds or securities and those investment advisers who do not.
28 (5) (a) The division may by rule require licensed broker-dealers and investment advisers
29 who have custody of or discretionary authority over client funds or securities to post surety bonds
30 and may by rule determine the conditions and the amounts of the bonds.
31 (b) Any appropriate deposit of cash or securities may be accepted in lieu of any required
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1 bond.
2 (c) No bond may be required of any licensee whose net capital, or in the case of an
3 investment adviser whose minimum financial requirements, which may be defined by rule, exceeds
4 $30,000.
5 (d) Every bond shall provide for suit on the bond by any person who has a cause of action
6 under Section 61-1-22 and, if the division by rule or order requires, by any person who has a cause
7 of action not arising under this chapter.
8 (e) Every bond shall provide that no suit may be maintained to enforce any liability on the
9 bond unless brought before the expiration of four years after the act or transaction constituting the
10 violation or the expiration of two years after the discovery by the plaintiff of the facts constituting
11 the violation, whichever expires first.
12 Section 25. Section 61-1-6.5 is enacted to read:
13 61-1-6.5. Court-ordered discipline.
14 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
15 issued under this chapter if so ordered by a court.
16 Section 26. Section 61-2-6 is amended to read:
17 61-2-6. Licensing procedures and requirements.
18 (1) The Real Estate Commission shall determine the qualifications and requirements of
19 applicants for a principal broker, associate broker, or sales agent license. The division, with the
20 concurrence of the commission, shall require and pass upon proof necessary to determine the
21 honesty, integrity, truthfulness, reputation, and competency of each applicant for an initial license
22 or for renewal of an existing license. The division, with the concurrence of the commission, shall
23 require an applicant for a sales agent license to complete an approved educational program not to
24 exceed 90 hours, and an applicant for an associate broker or principal broker license to complete
25 an approved educational program not to exceed 120 hours. The hours required by this section
26 mean 50 minutes of instruction in each 60 minutes; and the maximum number of program hours
27 available to an individual is ten hours per day. The division, with the concurrence of the
28 commission, shall require the applicant to pass an examination approved by the commission
29 covering the fundamentals of the English language, arithmetic, bookkeeping, real estate principles
30 and practices, the provisions of this chapter, the rules established by the Real Estate Commission,
31 and any other aspect of Utah real estate license law considered appropriate. Three years' full-time

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1 experience as a real estate sales agent or its equivalent is required before any applicant may apply
2 for, and secure a principal broker or associate broker license in this state. The commission shall
3 establish by rule the criteria by which it will accept experience or special education in similar
4 fields of business in lieu of the three years' experience.
5 (2) (a) The division, with the concurrence of the commission, may require an applicant to
6 furnish a sworn statement setting forth evidence satisfactory to the division of the applicant's
7 reputation and competency as set forth by rule.
8 (b) The division shall require an applicant to provide his social security number, which
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Amend on 2_goldenrod February 21, 1997 9 is a S [protected] PRIVATE s record under Subsection 63-2-302(1)(g).
10 (3) A nonresident principal broker may be licensed in this state by conforming to all the
11 provisions of this chapter except that of residency. A nonresident associate broker or sales agent
12 may become licensed in this state by conforming to all the provisions of this chapter except that
13 of residency and by being employed or engaged as an independent contractor by or on behalf of
14 a nonresident or resident principal broker who is licensed in this state.
15 (4) An applicant who has had a real estate license revoked shall be relicensed as prescribed
16 for an original application, but may not apply for a new license until at least five years after the
17 revocation. In the case of an applicant for a new license as a principal broker or associate broker,
18 the applicant is not entitled to credit for experience gained prior to the revocation of license.
19 Section 27. Section 61-2-13.5 is enacted to read:
20 61-2-13.5. Court-ordered discipline.
21 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
22 issued under this chapter if so ordered by a court.
23 Section 28. Section 62A-11-103 is amended to read:
24 62A-11-103. Definitions.
25 As used in this part:
26 (1) "Account" means a demand deposit account, checking or negotiable withdrawal order
27 account, savings account, time deposit account, or money-market mutual fund account.
28 [(1)] (2) "Director" means the director of the Office of Recovery Services.
29 [(2)] (3) "Disposable earnings" means that part of the earnings of an individual remaining
30 after the deduction of all amounts required by law to be withheld.
31 [(3) "Earnings" means compensation paid or payable for personal services whether

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1 denominated as wages, salary, commission, bonus, or contract payment or denominated as
2 advances on future wages, salary, commission, bonus, or contract payment, or otherwise.
3 "Earnings" specifically includes, but is not limited to:]
4 [(a) periodic payments under pension or retirement programs or insurance policies of any
5 type;]
6 [(b) unemployment compensation benefits;]
7 [(c) workers' compensation benefits; and]
8 [(d) all gain derived from capital, labor, or both combined, including profit gained through
9 sale or conversion of capital assets.]
10 (4) "Financial institution" means:
11 (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance
12 Act, 12 U.S.C. Sec. 1813(c);
13 (b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
14 U.S.C. Sec. 1813(u);
15 (c) any federal credit union or state credit union as defined in the Federal Credit Union
16 Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as defined
17 in 12 U.S.C. Sec. 1786(r);
18 (d) a broker-dealer as defined in Section 61-1-13; or
19 (e) any benefit association, insurance company, safe deposit company, money-market
20 mutual fund, or similar entity authorized to do business in the state.
21 (5) "Financial record" is defined in the Right to Financial Privacy Act of 1978, 12 U.S.C.
22 Sec. 3401.
23 (6) "Income" means earnings, compensation, or other payment due to an individual,
24 regardless of source, whether denominated as wages, salary, commission, bonus, pay, or contract
25 payment, or denominated as advances on future wages, salary, commission, bonus, pay,
26 allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay.
27 "Income" includes:
28 (a) all gain derived from capital assets, labor, or both, including profit gained through sale
29 or conversion of capital assets;
30 (b) interest and dividends;
31 (c) periodic payments made under pension or retirement programs or insurance policies

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1 of any type;
2 (d) unemployment compensation benefits;
3 (e) workers' compensation benefits; and
4 (f) disability benefits.
5 (7) "IV-D" means Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq.
6 (8) "New hire registry" means the centralized new hire registry created in Section
7 35A-11-103.
8 [(4)] (9) "Obligee" means [this state,] an individual, [or] this state, another state, or other
9 comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child
10 support or public assistance.
11 [(5)] (10) "Obligor" means a person, firm, [or] corporation, or the estate of a decedent
12 owing money to this state, to an individual, [or] to another state, or other comparable jurisdiction
13 in whose behalf this state is acting.
14 [(6)] (11) "Office" means the Office of Recovery Services.
15 [(7)] (12) "Provider" means a person or entity that receives compensation from any public
16 assistance program for goods or services provided to a public assistance recipient.
17 [(8)] (13) "Public assistance" or "assistance" means [public resources used for the benefit
18 of persons determined, by any agency of the department, to be in need, whether specified as]:
19 (a) services or benefits provided under Title 35A, Chapter 8, Employment Support Act;
20 (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
21 (c) foster care maintenance payments under Title IV-E of the Social Security Act;
22 (d) food stamps; or
23 (e) any other public funds expended for the benefit of a person in need of financial,
24 medical, [or] food [stamp], housing, or related assistance[; services; in-kind assistance; or
25 otherwise].
26 (14) "State case registry" means the central, automated record system maintained by the
27 office that contains records which use standardized data elements, such as names, social security
28 numbers and other uniform identification numbers, dates of birth, and case identification numbers,
29 with respect to:
30 (a) each case in which services are being provided by the office under the IV-D state plan;
31 and

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1 (b) each support order established or modified in the state on or after October 1, 1998.
2 Section 29. Section 62A-11-104 is amended to read:
3 62A-11-104. Duties of office.
4 The office has the following duties:
5 (1) to collect child support from an obligor if:
6 (a) the [department] office has[: (a) provided public assistance; (b) contracted to collect
7 support; or (c)] received an application for child support services; or
8 (b) the state has provided public assistance.
9 (2) to carry out the obligations of the department contained in this chapter[,] and in Title
10 78, Chapters 45 [and], 45a, and [in Title 77, Chapter 31,] 45f for the purpose of collecting child
11 support;
12 (3) to recover public assistance provided to persons for which they were ineligible;
13 (4) to collect money due the department which could act to offset expenditures by the
14 state;
15 (5) to cooperate with the federal government in programs designed to recover health and
16 social service funds;
17 (6) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, and
18 reimbursable expenses owed to the state or any of its political subdivisions, if the office has
19 contracted to provide collection services;
20 (7) to implement income withholding for collection of child support in accordance with
21 Part 4 of this chapter; [and]
22 (8) to enter into agreements with financial institutions doing business in the state to
23 develop and operate, in coordination with such financial institutions, a data match system in the
24 manner provided for in Section 62A-11-304.5;
25 (9) to establish and maintain the state case registry in the manner required by the Social
26 Security Act, 42 U.S.C. Sec. 654A, which shall include a record in each case of:
27 (a) the amount of monthly or other periodic support owed under the order, and other
28 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under the
29 order;
30 (b) any amount described in Subsection (9)(a) that has been collected;
31 (c) the distribution of collected amounts;

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1 (d) the birth date of any child from whom the order requires the provision of support; and
2 (e) the amount of any lien imposed with respect to the order pursuant to this part;
3 (10) to contract with the Department of Workforce Services to establish and maintain the
4 new hire registry created under Section 35A-11-103;
5 (11) to determine whether an individual who has applied for or is receiving cash assistance
6 or Medicaid is cooperating in good faith with the office as required by Section 62A-11-307.2; and
7 [(8)] (12) to finance any costs incurred from collections, fees, General Fund appropriation,
8 contracts, and federal financial participation.
9 Section 30. Section 62A-11-107 is amended to read:
10 62A-11-107. Director -- Powers of office -- Information from employers confidential--
11 Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking
12 and enforcement.
13 (1) The director of the office shall be appointed by the executive director.
14 (2) The office has power to administer oaths, certify to official acts, issue subpoenas, and
15 to compel witnesses and the production of books, accounts, documents, and evidence.
16 (3) The office has the power to seek administrative and judicial orders to require an obligor
17 who owes past-due support and is obligated to support a child receiving public assistance to
18 participate in appropriate work activities if the obligor is unemployed and is not otherwise
19 incapacitated.
20 (4) The office has the power to enter into reciprocal child support enforcement agreements
21 with foreign countries consistent with federal law and cooperative enforcement agreements with
22 Indian Tribes.
23 (5) The office has the power to pursue through court action the withholding, suspension,
24 and revocation of driver's licenses, professional and occupational licenses, and recreational
25 licenses of individuals owing overdue support or failing, after receiving appropriate notice, to
26 comply with subpoenas or orders relating to paternity or child support proceedings pursuant to
27 Section 78-32-17.
28 [(3)] (6) It is the duty of the attorney general or the county attorney of any county in which
29 a cause of action can be filed, to represent the office. Neither the attorney general nor the county
30 attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying
31 out the duties arising under this chapter.

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1 [(4)] (7) The office, with department approval, is authorized to receive any grants or
2 stipends from the federal government or other public or private source designed to aid the efficient
3 and effective operation of the recovery program.
4 [(5)] (8) The office may adopt, amend, and enforce rules as may be necessary to carry out
5 the provisions of this chapter.
6 Section 31. Section 62A-11-108 is amended to read:
7 62A-11-108. Office designated as criminal justice agency -- Access by IV-D agencies
8 to motor vehicle and law enforcement data through the office.
9 (1) The office is designated as a criminal justice agency for the purpose of requesting and
10 obtaining access to criminal justice information, subject to appropriate federal, state, and local
11 agency restrictions governing the dissemination of that information.
12 (2) All federal and state agencies conducting activities under Title IV-D of the Social
13 Security Act shall have access through the office to any system used by this state to locate an
14 individual for purposes relating to motor vehicles or law enforcement.
15 Section 32. Section 62A-11-303 is amended to read:
16 62A-11-303. Definitions.
17 As used in this part:
18 (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
19 accordance with [Section 63-46b-1] Title 63, Chapter 46b, Administrative Procedures Act.
20 (2) "Administrative order" means an order that [involves payment or collection of support
21 that] has been issued by the office, the department, or an administrative agency of another state
22 or other comparable jurisdiction with similar authority to that of the office.
23 (3) "Assistance" or "public assistance" [means assistance for Aid to Families with
24 Dependent Children, public funds expended for the reasonable and necessary health and dental
25 care of a dependent child, and public resources used for the benefit of a person, whether specified
26 as financial aid, services, or otherwise] is defined in Section 62A-11-103.
27 (4) "Business day" means a day on which state offices are open for regular business.
28 [(6) "Dependent child] (5) "Child" means:
29 (a) [any person] a son or daughter under the age of 18 years who is not otherwise
30 emancipated, self-supporting, married, or a member of the armed forces of the United States; [or]
31 (b) [any person] a son or daughter over the age of 18 years, while enrolled in high school

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1 during the normal and expected year of graduation and not otherwise emancipated, self-supporting,
2 married, or a member of the armed forces of the United States[.]; or
3 (c) a son or daughter of any age who is incapacitated from earning a living and is without
4 sufficient means.
5 (6) "Child support" is defined in Section 62A-11-401.
6 (7) "Child support guidelines" or "guidelines" is defined in Section 78-45-2.
7 (8) "Child support order" or "support order" is defined in Section 62A-11-401.
8 [(4)] (9) "Court order" means a judgment or order of a court of appropriate jurisdiction of
9 this state, another state, the federal government, or any other comparable jurisdiction issued under
10 Section 30-3-5, Section 78-3a-906, Title 78, Chapter 45a, Uniform Act on Paternity, or other
11 [statutes] statute relating to support.
12 [(5) "Department" means the Department of Human Services and any other department
13 or agency of this state that provides assistance.]
14 [(7)] (10) "Director" means the director of the Office of Recovery Services.
15 [(8)] (11) "Disposable earnings" [means that part of the earnings of an individual
16 remaining after the deduction from those earnings of all amounts required by law to be withheld]
17 is defined in Section 62A-11-103.
18 [(9) "Earnings" means compensation paid or payable for personal services, whether
19 denominated as wages, salary, commission, bonus, or contract payment, or denominated as
20 advances on future wages, salary, commission, bonus, or contract payment, or otherwise.
21 "Earnings" includes:]
22 [(a) periodic payments under pension or retirement programs or insurance policies of any
23 type;]
24 [(b) unemployment compensation benefits;]
25 [(c) workers' compensation benefits; and]
26 [(d) all gain derived from capital, labor, or both combined, including profit gained through
27 sale or conversion of capital assets.]
28 (12) "Income" is defined in Section 62A-11-103.
29 (13) "IV-D" is defined in Section 62A-11-103.
30 [(10)] (14) "Notice of agency action" means the notice required to commence an
31 adjudicative proceeding in accordance with Section 63-46b-3.

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1 [(12)] (15) "Obligee" means [a person] an individual, this state, another state, or corporate
2 jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child
3 support or public assistance.
4 [(11)] (16) "Obligor" means [any] a person, firm, corporation, or the estate of a decedent
5 owing a duty of support to this state, to an individual, to another state, or other corporate
6 jurisdiction in whose behalf this state is acting.
7 [(13)] (17) "Office" [means the Office of Recovery Services] is defined in Section
8 62A-11-103.
9 [(16) "Responsible parent] (18) "Parent" means [the] a natural parent, an adoptive parent,
10 or stepparent of a dependent child.
11 [(14)] (19) "Person" includes an individual, firm, corporation, association, political
12 subdivision, department, or office.
13 [(15)] (20) "Presiding officer" means a presiding officer described in Section 63-46b-2.
14 [(17)] (21) "Stepparent" means a person ceremonially married to a child's natural or
15 adoptive custodial parent who is not the child's natural or adoptive parent or one living with the
16 natural or adoptive custodial parent as a common law spouse, whose common law marriage was
17 entered into in a state which recognizes the validity of common law marriage.
18 [(18)] (22) "Support" includes past-due, present, and future obligations established by:
19 (a) a court or administrative order or imposed by law for the financial support,
20 maintenance, health, or dental care of a dependent child; and
21 (b) a court or administrative order for the financial support of a spouse or former spouse
22 with whom the obligor's dependent child resides if the obligor also owes a child support obligation
23 that is being enforced by the state.
24 [(19)] (23) "Support debt," "past-due support," or "arrears" means the debt created by
25 nonpayment of support.
26 Section 33. Section 62A-11-304.1 is repealed and reenacted to read:
27 62A-11-304.1. Expedited procedures for establishing paternity or establishing,
28 modifying, or enforcing a support order.
29 (1) The office may, without the necessity of initiating an adjudicative proceeding or
30 obtaining an order from any other judicial or administrative tribunal, take the following actions
31 related to the establishment of paternity or the establishment, modification, or enforcement of a

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1 support order, and to recognize and enforce the authority of state agencies of other states to take
2 the following actions:
3 (a) require a child, mother, and alleged father to submit to genetic testing;
4 (b) subpoena financial or other information needed to establish, modify, or enforce a
5 support order, including:
6 (i) the name, address, and employer of a person who owes or is owed support that appears
7 on the customer records of public utilities and cable television companies; and
8 (ii) information held by financial institutions on such things as the assets and liabilities of
9 a person who owes or is owed support;
10 (c) require a public or private employer to promptly disclose information to the office on
11 the name, address, date of birth, social security number, employment status, compensation, and
12 benefits, including health insurance, of any person employed as an employee or contractor by the
13 employer;
14 (d) require an insurance organization subject to Title 31A, Insurance Code, or an insurance
15 administrator of a self-insured employer to promptly disclose to the office health insurance
16 information pertaining to an insured or an insured's dependents, if known;
17 (e) obtain access to information in the records and automated databases of other state and
18 local government agencies, including:
19 (i) marriage, birth, and divorce records;
20 (ii) state and local tax and revenue records providing information on such things as
21 residential and mailing addresses, employers, income, and assets;
22 (iii) real and titled personal property records;
23 (iv) records concerning occupational and professional licenses and the ownership and
24 control of corporations, partnerships, and other business entities;
25 (v) employment security records;
26 (vi) records of agencies administering public assistance programs;
27 (vii) motor vehicle department records; and
28 (viii) corrections records;
29 (f) upon providing notice to the obligor and obligee, direct an obligor or other payor to
30 change the payee to the office if support has been assigned to the office under Section 35A-11-108
31 or if support is paid through the office pursuant to the Social Security Act, 42 U.S.C. Sec. 654B;

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1 (g) order income withholding in accordance with Part 4 of this chapter;
2 (h) secure assets to satisfy past-due support by:
3 (i) intercepting or seizing periodic or lump-sum payments from:
4 (A) a state or local government agency, including unemployment compensation, workers'
5 compensation, and other benefits; and
6 (B) judgments, settlements, and lotteries;
7 (ii) attaching and seizing assets of an obligor held in financial institutions;
8 (iii) attaching public and private retirement funds, if the obligor presently:
9 (A) receives periodic payments; or
10 (B) has the authority to withdraw some or all of the funds; and
11 (iv) imposing liens against real and personal property in accordance with this section and
12 Section 62A-11-312.5; and
13 (i) increase monthly payments in accordance with Section 62A-11-320.
14 (2) (a) When taking action under Subsection (1), the office shall send notice under this
15 Subsection (2)(a) to the person or entity who is required to comply with the action if not a party
16 to a case receiving IV-D services. The notice shall include:
17 (i) the authority of the office to take the action;
18 (ii) the response required by the recipient;
19 (iii) the opportunity to provide clarifying information to the office under Subsection (2)(b);
20 (iv) the name and telephone number of a person in the office who can respond to inquires;
21 and
22 (v) the protection from criminal and civil liability extended under Subsection (7).
23 (b) The recipient of a notice sent under Subsection (2)(a) shall promptly comply with the
24 terms of the notice and may, if the recipient believes the office's request is in error, send clarifying
25 information to the office setting forth the basis for the recipient's belief.
26 (3) The office shall in any case in which it requires genetic testing under Subsection (1)(a):
27 (a) consider clarifying information if submitted by the obligee and alleged father;
28 (b) proceed with testing as the office considers appropriate;
29 (c) pay the cost of the tests, subject to recoupment from the alleged father if paternity is
30 established;
31 (d) order a second test if the original test result is challenged, and the challenger pays the

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1 cost of the second test in advance; and
2 (e) require that the genetic test is:
3 (i) of a type generally acknowledged as reliable by accreditation bodies designated by the
4 federal Secretary of Health and Human Services; and
5 (ii) performed by a laboratory approved by such an accreditation body.
6 (4) The office may impose a penalty against an entity for failing to provide information
7 requested in a subpoena issued under Subsection (1) as follows:
8 (a) $25 for each failure to provide requested information; or
9 (b) $500 if the failure to provide requested information is the result of a conspiracy
10 between the entity and the obligor to not supply the requested information or to supply false or
11 incomplete information.
12 (5) (a) Unless a court or administrative agency has reduced past-due support to a sum
13 certain judgment, the office shall provide concurrent notice to an obligor in accordance with
14 Section 62A-11-304.4 of:
15 (i) any action taken pursuant to Subsections (1)(h)(i)(B), (l)(h)(ii), (1)(h)(iii), or Subsection
16 62A-11-304.5(1)(b) if Subsection (5)(b)(iii) does not apply; and
17 (ii) the opportunity of the obligor to contest the action and the amount claimed to be
18 past-due by filing a written request for an adjudicative proceeding with the office within 15 days
19 of notice being sent.
20 (b) (i) Upon receipt of a notice of levy from the office for an action taken pursuant to
21 Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or Subsection 62A-11-304.5(1)(b), a person in
22 possession of personal property of the obligor shall:
23 (A) secure the property from unauthorized transfer or disposition as required by Section
24 62A-11-313; and
25 (B) surrender the property to the office after 21 days of receiving the notice unless the
26 office has notified the person to release all or part of the property to the obligor.
27 (ii) Unless released by the office, a notice of levy upon personal property shall be:
28 (A) valid for 60 days; and
29 (B) effective against any additional property which the obligor may deposit or transfer into
30 the possession of the person up to the amount of the levy.
31 (iii) If the property upon which the office imposes a levy is insufficient to satisfy the

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1 specified amount of past-due support and the obligor fails to contest that amount under Subsection
2 (5)(a)(ii), the office may proceed under Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or
3 Subsection 62A-11-304.5(1)(b) against additional property of the obligor until the amount
4 specified and the reasonable costs of collection are fully paid.
5 (c) Except as provided in Subsection (5)(b)(iii), the office may not disburse funds resulting
6 from action requiring notice under Subsection (5)(a)(i) until:
7 (i) 21 days after notice was sent to the obligor; and
8 (ii) the obligor, if he contests the action under Subsection (5)(a)(ii), has exhausted his
9 administrative remedies and, if appealed to a district court, the district court has rendered a final
10 decision.
11 (d) Before intercepting or seizing any periodic or lump-sum payment under Subsection
12 (1)(h)(i)(A), the office shall:
13 S [(A)] (i) s comply with Subsection 59-10-529(2)(a); and
14 S [(B)] (ii) s include in the notice required by Subsection 59-10-529(2)(a) reference to
14a Subsection
15 (1)(h)(i)(A).
16 (e) If Subsection (5)(a) or (5)(d) does not apply, an action against the real or personal
17 property of the obligor shall be in accordance with Section 62A-11-312.5.
18 (6) All information received under this section is subject to Title 63, Chapter 2,
19 Government Records Access and Management Act.
20 (7) No employer, financial institution, public utility, cable company, insurance
21 organization, its agent or employee, or related entity may be civilly or criminally liable for
22 providing information to the office or taking any other action requested by the office pursuant to
23 this section.
24 (8) The actions the office may take under Subsection (1) are in addition to the actions the
25 office may take pursuant to Part 4, Income Withholding in IV-D Cases.
26 Section 34. Section 62A-11-304.2 is amended to read:
27 62A-11-304.2. Issuance or modification of administrative order -- Compliance with
28 court order -- Authority of office -- Stipulated agreements -- Interest -- Notification
29 requirements.
30 (1) Through an adjudicative proceeding the office may issue or modify an administrative
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Amend on 2_goldenrod February 21, 1997 31 order, based on the criteria outlined in Section 62A-11-304.3, that:
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1 [(a) orders the alleged father to submit to genetic testing;]
2 [(b)] (a) determines paternity in accordance with Section 78-45a-10;
3 [(c)] (b) determines whether an obligor owes support;
4 (c) determines temporary orders of child support upon clear and convincing evidence of
5 paternity in the form of genetic test results or other evidence;
6 (d) requires an obligor to pay a specific or determinable amount of present and future
7 support;
8 (e) determines the amount of past-due support; [and]
9 (f) orders an obligor who owes past-due support and is obligated to support a child
10 receiving public assistance to participate in appropriate work activities if the obligor is
11 unemployed and is not otherwise incapacitated;
12 (g) imposes a penalty authorized under this chapter;
13 (h) determines an issue that may be specifically contested under this chapter by a party
14 who timely files a written request for an adjudicative proceeding with the office; and
15 [(f)] (i) renews an administrative judgment. The office shall commence an adjudicative
16 proceeding to renew a judgment by serving notice of agency action on the obligor before the
17 judgment is barred by the applicable statute of limitations.
18 (2) (a) An abstract of a final administrative order issued under this section or a notice of
19 judgment-lien under Section 62A-11-312.5 may be filed with the clerk of any district court.
20 (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
21 (i) docket the abstract or notice in the judgment docket of the court and note the time of
22 receipt on the abstract or notice and in the judgment docket; and
23 (ii) at the request of the office, place a copy of the abstract or notice in the file of a child
24 support action involving the same parties.
25 [(2)] (3) (a) If a court order has been issued, the office may not issue an order under
26 Subsection (1) that is not based on the court order.
27 (b) Notwithstanding Subsection (3)(a), the office may issue an order of current support in
28 accordance with the child support guidelines if the conditions of Subsection 78-45f-207(2)(c) are
29 met.
30 [(3)] (4) The office may proceed under this section in the name of [the] this state, another
31 state under Section 62A-11-305, any department of [the] this state, the office, or the obligee.

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1 [(4)] (5) The office may accept voluntary acknowledgment of a support obligation and
2 enter into stipulated agreements providing for the issuance of an administrative order under this
3 part.
4 [(5)] (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
5 checks, money orders, or other negotiable instruments received by the office for support.
6 [(6)] (7) The office may assess interest not to exceed 1% per month on any unpaid support
7 if notice of the assessment of interest has been provided to the obligor in a notice of agency action.
8 [(7)] (8) The obligor shall, after a notice of agency action has been served on him under
9 this part, keep the office informed of:
10 (a) his current address;
11 (b) the name and address of current payors of income;
12 (c) availability of or access to health insurance coverage; and
13 (d) applicable health insurance policy information.
14 Section 35. Section 62A-11-304.4 is enacted to read:
15 62A-11-304.4. Filing of location information -- Service of process.
16 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
17 modify, or enforce a support order, each party shall file identifying information and shall update
18 that information as changes occur:
19 (i) with the court or administrative agency that conducted the proceeding; and
20 (ii) after October 1, 1998, with the state case registry.
21 (b) The identifying information required under Subsection (1)(a) shall include the person's
22 social security number, driver's license number, residential and mailing addresses, telephone
23 numbers, the name, address, and telephone number of employers, and any other data required by
24 the United States Secretary of Health and Human Services.
25 (c) In any subsequent child support action involving the office or between the parties, state
26 due process requirements for notice and service of process shall be satisfied as to a party upon:
27 (i) a sufficient showing that diligent effort has been made to ascertain the location of the
28 party; and
29 (ii) delivery of notice to the most recent residential or employer address filed with the
30 court, administrative agency, or state case registry under Subsection (1)(a).
31 (2) (a) The office shall provide individuals who are applying for or receiving services

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1 under this chapter or who are parties to cases in which services are being provided under this
2 chapter:
3 (i) with notice of all proceedings in which support obligations might be established or
4 modified; and
5 (ii) with a copy of any order establishing or modifying a child support obligation, or in the
6 case of a petition for modification, a notice of determination that there should be no change in the
7 amount of the child support award, within 14 days after issuance of such order or determination.
8 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall be
9 provided in accordance with Section 78-45f-614.
10 (3) Service of all notices and orders under this part shall be made in accordance with Title
11 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or this section.
12 (4) Consistent with Title 63, Chapter 2, Government Records Access and Management
13 Act, the office shall adopt procedures to classify records to prohibit:
14 (a) the unauthorized use or disclosure of information relating to a proceeding to:
15 (i) establish paternity; or
16 (ii) establish or enforce support;
17 (b) the release of information on the whereabouts of one party to another party if such a
18 release is prohibited by a protective order; and
19 (c) the release of information on the whereabouts of one party to another party if the office
20 has reason to believe that the release may result in physical or emotional harm to a party.
21 Section 36. Section 62A-11-304.5 is enacted to read:
22 62A-11-304.5. Financial institutions.
23 (1) The office shall enter into agreements with financial institutions doing business in the
24 state:
25 (a) to develop and operate, in coordination with such financial institutions, a data match
26 system that:
27 (i) uses automated data exchanges to the maximum extent feasible; and
28 (ii) requires a financial institution each calendar quarter to provide the name, record
29 address, social security number, other taxpayer identification number, or other identifying
30 information for each obligor who:
31 (A) maintains an account at the institution; and

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1 (B) owes past-due support as identified by the office by name and social security number
2 or other taxpayer identification number; and
3 (b) to require a financial institution upon receipt of a notice of lien to encumber or
4 surrender assets held by the institution on behalf of an obligor who is subject to a child support lien
5 in accordance with Section 62A-11-304.1.
6 (2) The office may pay a reasonable fee to a financial institution for compliance with
7 Subsection (1)(a), which may not exceed the actual costs incurred.
8 (3) A financial institution may not be liable under any federal or state law to any person
9 for any disclosure of information or action taken in good faith under Subsection (1).
10 (4) The office may disclose a financial record obtained from a financial institution under
11 this section only for the purpose of, and to the extent necessary in, establishing, modifying, or
12 enforcing a child support obligation.
13 (5) If an employee of the office knowingly, or by reason of negligence, discloses a
14 financial record of an individual in violation of Subsection (4), the individual may bring a civil
15 action for damages in a district court of the United States as provided for in the Social Security
16 Act, 42 U.S.C. Sec. 669A.
17 (6) The office shall provide notice and disburse funds seized or encumbered under this
18 section in accordance with Section 62A-11-304.1.
19 Section 37. Section 62A-11-305 is amended to read:
20 62A-11-305. Support collection services requested by agency of another state.
21 (1) [(a) The] In accordance with Title 78, Chapter 45f, Uniform Interstate Family Support
22 Act, the office may proceed to issue or modify an order under Section 62A-11-304.2 to collect
23 under this part from an obligor who is located in or is a resident of this state regardless of the
24 presence or residence of the obligee if:
25 (a) support collection services are requested by an agency of another state that is operating
26 under Title IV-D of the Social Security Act[.]; or
27 (b) [If the office receives documents under Title 77, Chapter 31, Uniform Reciprocal
28 Enforcement of Support Act or Title 77, Chapter 31a, Uniform Interstate Family Support Act, in
29 addition to a request for support collection services, the office may proceed under this section,
30 under Title 77, Chapter 31, Title 77, Chapter 31a, or any combination of this section and the
31 uniform acts] an individual applies for services.

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1 [(2) If the office proceeds against an obligor under Subsection (1), it shall seek
2 enforcement of the liability imposed by the laws of the state where the obligor was located during
3 the period for which support is sought. The obligor is presumed to have been present in this state
4 during that period until otherwise shown.]
5 [(3) If an obligee fails to participate in a scheduled and duly noticed hearing during an
6 adjudicative proceeding because he is absent from this state, and the obligor presents evidence that
7 constitutes a defense, the presiding officer shall continue the case for further hearing and
8 submission of evidence by both parties.]
9 [(4) The remedies provided by this section are additional to those remedies provided by
10 Title 77, Chapter 31, Uniform Reciprocal Enforcement of Support Act and Title 77, Chapter 31a,
11 Uniform Interstate Family Support Act.]
12 (2) The office shall respond within five business days to a request made by another state's
13 IV-D agency to enforce a support order.
14 (3) A request by another state shall constitute a certification by the requesting state:
15 (a) of the amount of support under the order of payment of which is in arrears; and
16 (b) that the requesting state has complied with procedural due process requirements
17 applicable to the case.
18 (4) As required by the Social Security Act, 42 U.S.C. Sec. 666, the office shall maintain
19 records of:
20 (a) the number of requests for enforcement assistance received by the office under this
21 section;
22 (b) the number of cases for which the state collected support in response to those requests;
23 and
24 (c) the amount of support collected.
25 Section 38. Section 62A-11-306.1 is amended to read:
26 62A-11-306.1. Issuance or modification of an order to collect support for persons not
27 receiving public assistance.
28 The office may proceed to issue or modify an order under Section 62A-11-304.2 and
29 collect under this part even though public assistance is not being provided on behalf of a dependent
30 child if the office provides support collection services in accordance with:
31 (1) an application for services provided under Title IV-D of the federal Social Security

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1 Act;
2 (2) the continued service provisions of Subsection 62A-11-307.2[(3)](6); or
3 (3) the interstate provisions of Section 62A-11-305.
4 Section 39. Section 62A-11-307.1 is amended to read:
5 62A-11-307.1. Collection directly from responsible parent.
6 (1) The office may issue or modify an order under Section 62A-11-304.2 and collect under
7 this part directly from a responsible parent if the procedural requirements of applicable law have
8 been met and if public assistance is provided on behalf of that parent's dependent child. The direct
9 right to issue an order under this [subsection] Subsection (1) is independent of and in addition to
10 the right derived from that assigned under Section [62A-9-121] 35A-8-108.
11 (2) An order issuing or modifying a support obligation under Subsection (1), issued while
12 public assistance was being provided for a dependent child, remains in effect and may be enforced
13 by the office under Section 62A-11-306.1 after provision of public assistance ceases.
14 (3) (a) The office may issue or modify an administrative order, subject to the procedural
15 requirements of applicable law, that requires that obligee to pay to the office assigned support that
16 an obligee receives and retains in violation of Subsection 62A-11-307.2[(4)](5) and may reduce
17 to judgment any unpaid balance due.
18 (b) The office may collect the judgment debt in the same manner as it collects any
19 judgment for past-due support owed by an obligor.
20 Section 40. Section 62A-11-307.2 is amended to read:
21 62A-11-307.2. Duties of obligee after assignment of support rights.
22 (1) An obligee whose rights to support have been assigned under Section 62A-9-121 as
23 a condition of eligibility for public assistance has the following duties:
24 (a) [Upon request of the office] Unless a good cause or other exception applies, the obligee
25 shall [execute and deliver all instruments and papers required by the office and comply with
26 whatever is considered necessary by the office in connection with an administrative or judicial
27 action commenced by the office under this chapter.], at the request of the office:
28 (i) cooperate in good faith with the office by providing the name and other identifying
29 information of the other parent of the obligee's child for the purpose of:
30 (A) establishing paternity; or
31 (B) establishing, modifying, or enforcing a child support order;

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1 (ii) supply additional necessary information and appear at interviews, hearings, and legal
2 proceedings; and
3 (iii) submit the obligee's child and himself to judicially or administratively ordered genetic
4 testing.
5 (b) The obligee may not commence an action against an obligor or file a pleading to
6 collect or modify support without the office's written consent.
7 (c) The obligee may not do anything to prejudice the rights of the office to establish
8 paternity, enforce provisions requiring health insurance, or to establish and collect support.
9 (d) The obligee may not agree to allow the obligor to change the court or administratively
10 ordered manner or amount of payment of past, present, or future support without the office's
11 written consent.
12 (2) (a) The office shall determine and redetermine, when appropriate, whether an obligee
13 has cooperated with the office as required by Subsection (1)(a).
14 (b) If the office determines that an obligee has not cooperated as required by Subsection
15 (1)(a), the office shall:
16 (i) forward the determination and the basis for it to the Department of Workforce Services,
17 which shall inform the Department of Health of the determination, for a determination of whether
18 compliance by the obligee should be excused on the basis of good cause or other exception; and
19 (ii) send to the obligee:
20 (A) a copy of the notice; and
21 (B) information that the obligee may, within 15 days of notice being sent:
22 (I) contest the office's determination of noncooperation by filing a written request for an
23 adjudicative proceeding with the office; or
24 (II) assert that compliance should be excused on the basis of good cause or other exception
25 by filing a written request for a good cause exception with the Department of Workforce Services.
26 [(2)] (3) The office's right to recover is not reduced or terminated if an obligee agrees to
27 allow the obligor to change the court or administratively ordered manner or amount of payment
28 of support[,] regardless of whether that agreement is entered into before or after public assistance
29 is furnished on behalf of a dependent child.
30 [(3)] (4) (a) If an obligee receives direct payment of assigned support from an obligor, [he]
31 the obligee shall immediately deliver that payment to the office.

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1 (b) (i) If an obligee agrees with an obligor to receive payment of support other than in the
2 court or administratively ordered manner and receives payment as agreed with the obligor, [he]
3 the obligee shall immediately deliver the cash equivalent of the payment to the office.
4 (ii) If the amount delivered to the office by the obligee under [this subsection] Subsection
5 (5)(b)(i) exceeds the amount of the court or administratively ordered support due, the office shall
6 return the excess to the obligee.
7 [(4)] (5) If public assistance furnished on behalf of a dependent child is terminated, the
8 office may continue to provide paternity establishment and support collection services. Unless the
9 obligee notifies the office to discontinue these services, the obligee is considered to have accepted
10 and is bound by the rights, duties, and liabilities of an obligee who has applied for those services.
11 Section 41. Section 62A-11-312.5 is enacted to read:
12 62A-11-312.5. Liens by operation of law and writs of garnishment.
13 (1) Each payment or installment of child support is, on and after the date it is due, a
14 judgment with the same attributes and effect of any judgment of a district court in accordance with
15 Section 30-3-10.6 and for purposes of Section 78-22-1.
16 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a lien
17 against the real property of the obligor upon the filing of a notice of judgment-lien in the district
18 court where the obligor's real property is located if the notice:
19 (i) identifies this section;
20 (ii) specifies the amount of past-due support; and
21 (iii) complies with the procedural requirements of Section 78-22-1.
22 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to execute
23 a judgment or final administrative order under this section against real or personal property in the
24 obligor's possession.
25 (c) A lien under this Subsection (2) shall continue for a period of eight years from the time
26 of docketing unless previously satisfied.
27 (3) (a) The office may issue a writ of garnishment against the obligor's personal property
28 in the possession of a third party for a judgment under Subsection (1) or a final administrative
29 order in the same manner and with the same effect as if the writ were issued on a judgment of a
30 district court if:
31 (i) the judgment or final administrative order is recorded on the office's automated case

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1 registry; and
2 (ii) the writ is signed by the director or the director's designee and served by certified mail,
3 return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
4 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures and
5 due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as provided
6 by Section 62A-11-316.
7 Section 42. Section 62A-11-315.5 is enacted to read:
8 62A-11-315.5. Enforcement of liens arising in another state.
9 A lien arising in another state shall be accorded full faith and credit in this state, without
10 any additional requirement of judicial notice or hearing prior to the enforcement of the lien, if the
11 office, parent, or state IV-D agency who seeks to enforce the lien complies with Section
12 62A-11-304.1 or Section 62A-11-312.5.
13 Section 43. Section 62A-11-320 is amended to read:
14 62A-11-320. Payment schedules.
15 (1) The office may[, at any time, consistent with the income, earning capacity, and
16 resources of the obligor,]:
17 (a) set or reset a level and schedule of payments at any time consistent with the income,
18 earning capacity, and resources of the obligor; or
19 (b) demand payment in full [for the support debt, and may cancel that schedule of
20 payments and demand payment in full at any time the office is justly apprehensive, as set forth in
21 Section 62A-11-309, of losing property which could become subject to a collection action to
22 satisfy the support debt].
23 (2) If a support debt is reduced to a schedule of payments and made subject to income
24 withholding, the total monthly amount of the scheduled payment, current support payment, and
25 cost of health insurance attributable to a child for whom the obligor has been ordered may only
26 be subject to income withholding in an amount that does not exceed the maximum amount
27 permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).
28 (3) (a) Within 15 days of receiving notice, an obligor may contest a payment schedule as
29 inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules
30 under Subsection (1) by filing a written request for an adjudicative proceeding.
31 (b) For purposes of Subsection (3)(a), notice includes:

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1 (i) notice sent to the obligor by the office in accordance with Section 62A-11-304.4;
2 (ii) participation by the obligor in the proceedings related to the establishment of the
3 payment schedule; and
4 (iii) receiving a paycheck in which a reduction has been made in accordance with a
5 payment schedule established under Subsection (1).
6 Section 44. Section 62A-11-320.5 is repealed and reenacted to read:
7 62A-11-320.5. Review and adjustment of child support order in three-year cycle --
8 Substantial change in circumstances not required.
9 (1) If a child support order has not been issued, modified, or reviewed within the previous
10 three years, the office shall review a child support order, taking into account the best interests of
11 the child involved, if:
12 (a) requested by a parent or legal guardian involved in a case receiving IV-D services; or
13 (b) there has been an assignment under Section 35A-8-108 and the office determines that
14 a review is appropriate.
15 (2) If the office conducts a review under Subsection (1), the office shall determine if there
16 is a difference of 10% or more between the amount ordered and the amount that would be required
17 under the child support guidelines. If there is such a difference and the difference is not of a
18 temporary nature, the office shall:
19 (a) with respect to a child support order issued or modified by the office, adjust the amount
20 to that which is provided for in the guidelines; or
21 (b) with respect to a child support order issued or modified by a court, file a petition with
22 the court to adjust the amount to that which is provided for in the guidelines.
23 (3) The office may use automated methods to:
24 (a) collect information and conduct reviews under Subsection (2); and
25 (b) identify child support orders in which there is a difference of 10% or more between the
26 amount of child support ordered and the amount that would be required under the child support
27 guidelines for review under Subsection (1)(b).
28 (4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
29 provide notice of the request to the other parent within five days and in accordance with Section
30 62A-11-304.4.
31 (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall

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1 provide notice to the parties of:
2 (i) a proposed adjustment under Subsection (2)(a); or
3 (ii) a proposed petition to be filed in court under Subsection (2)(b).
4 (5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
5 guardian may respond to a request for review filed with the office.
6 (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian
7 may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and
8 providing documentation that refutes the adjustment or petition.
9 (6) A showing of a substantial change in circumstances is not necessary for an adjustment
10 under this section.
11 Section 45. Section 62A-11-320.6 is enacted to read:
12 62A-11-320.6. Review and adjustment of support order for substantial change in
13 circumstances outside three-year cycle.
14 (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the office,
15 if there has been an assignment under Section 35A-8-108, may at any time request the office to
16 review a child support order if there has been a substantial change in circumstances.
17 (b) For purposes of Subsection (1)(a), a substantial change in circumstances may include:
18 (i) material changes in custody;
19 (ii) material changes in the relative wealth or assets of the parties;
20 (iii) material changes of 30% or more in the income of a parent;
21 (iv) material changes in the ability of a parent to earn;
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Amend on 2_goldenrod February 21, 1997 22 (v) material changes in the medical needs of the child; S [or] AND s
23 (vi) material changes in the legal responsibilities of either parent for the support of others.
24 (2) Upon receiving a request under Subsection (1), the office shall review the order, taking
25 into account the best interests of the child involved, to determine whether the substantial change
26 in circumstance has occurred, and if so, whether the change resulted in a difference of 15% or
27 more between the amount of child support ordered and the amount that would be required under
28 the child support guidelines. If there is such a difference and the difference is not of a temporary
29 nature, the office shall:
30 (a) with respect to a support order issued or modified by the office, adjust the amount in
31 accordance with the guidelines; or

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1 (b) with respect to a support order issued or modified by a court, file a petition with the
2 court to adjust the amount in accordance with the guidelines.
3 (3) The office may use automated methods to collect information for a review conducted
4 under Subsection (2).
5 (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall provide
6 notice of the request to the other parent within five days and in accordance with Section
7 62A-11-304.4.
8 (b) If the office initiates and conducts a review under Subsection (1), the office shall
9 provide notice of the request to any parent or legal guardian within five days and in accordance
10 with Section 62A-11-304.4.
11 (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
12 may file a response to a request for review with the office.
13 Section 46. Section 62A-11-320.7 is enacted to read:
14 62A-11-320.7. Three-year notice of opportunity to review.
15 (1) Once every three years, the office shall give notice to each parent or legal guardian
16 involved in a case receiving IV-D services of the opportunity to request a review and, if
17 appropriate, adjustment of a child support order under Sections 62A-11-320.5 and 62A-11-320.6.
18 (2) (a) The notice required by Subsection (1) may be included in an issued or modified
19 order of support.
20 (b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1), three
21 years after the date of the order issued or modified under Subsection (2)(a).
22 Section 47. Section 62A-11-327 is repealed and reenacted to read:
23 62A-11-327. Reporting past-due support to consumer reporting agency.
24 The office shall periodically report the name of any obligor who is delinquent in the
25 payment of support and the amount of overdue support owed by the obligor to consumer reporting
26 agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
27 (1) only after the obligor has been afforded notice and a reasonable opportunity to contest
28 the accuracy of the information; and
29 (2) only to an entity that has provided satisfactory evidence that it is a consumer reporting
30 agency under 15 U.S.C. Sec. 1681a(f).
31 Section 48. Section 62A-11-401 is amended to read:

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1 Part 4. Income Withholding in IV-D Cases
2 62A-11-401. Definitions.
3 As used in this part and in Part 5:
4 (1) "Business day" means a day on which state offices are open for regular business.
5 [(1)] (2) "Child" [means a son or daughter who is under the age of 18 years, or who is
6 physically or mentally handicapped and incapable of earning income sufficient to support himself]
7 is defined in Section 62A-11-303.
8 [(2)] (3) "Child support" means a financial obligation ordered by a court or administrative
9 body for the support of a child, including current periodic payments and all arrearages. Child
10 support includes court ordered obligations for the support of a spouse or former spouse with whom
11 the child resides if the spousal support is collected with the child support.
12 [(3)] (4) "Child support order" means a judgment, decree, or order of a court or
13 administrative body whether interlocutory or final, whether or not prospectively or retroactively
14 modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate
15 maintenance, paternity, guardianship, civil protection, or otherwise, which:
16 (a) establishes or modifies child support;
17 (b) reduces child support arrearages to judgment; or
18 (c) establishes child support or confirms a child support order under Title [77] 78, Chapter
19 [31] 45f, Uniform Interstate Family Support Act.
20 [(4)] (5) "Delinquent" or "delinquency" means that child support in an amount at least
21 equal to current child support payable for one month is overdue.
22 (6) "Immediate income withholding" means income withholding without regard to whether
23 a delinquency has occurred.
24 [(5)] (7) "Income" [means earnings or compensation paid or payable for personal services
25 whether denominated as wages, salary, commission, bonus, or contract payment, or denominated
26 as advances on future wages, salary, commission, bonus, contract payment, or otherwise.
27 "Income" specifically includes, but is not limited to:] is defined in Section 62A-11-103.
28 [(a) all gain derived from capital assets, labor, or both, including profit gained through sale
29 or conversion of capital assets;]
30 [(b) periodic payments made under pension or retirement programs or insurance policies
31 of any type;]

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1 [(c) unemployment compensation benefits; and]
2 [(d) workers' compensation benefits.]
3 (8) "IV-D services" is defined in Section 62A-11-103.
4 [(6)] (9) "Jurisdiction" means a state or political subdivision of the United States, a
5 territory or possession of the United States, the District of Columbia, [or] the Commonwealth of
6 Puerto Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
7 subdivision.
8 [(8)] (10) "Obligee" [means a person to whom a duty of support is owed, or who is entitled
9 to reimbursement of support or public assistance] is defined in Section 62A-11-303.
10 [(7)] (11) "Obligor" [means a person owing a duty of child support] is defined in Section
11 62A-11-303.
12 [(9)] (12) "Office" [means the Office of Recovery Services] is defined in Section
13 62A-11-103.
14 [(10)] (13) "Payor" means an employer or any person who is a source of income to an
15 obligor.
16 Section 49. Section 62A-11-403 is amended to read:
17 62A-11-403. Provision for income withholding in child support order --Immediate
18 income withholding.
19 (1) Whenever a child support order is issued or modified in this state the obligor's income
20 is subject to income withholding for the child support described in the order[,] in accordance with
21 the provisions of this chapter.
22 (2) In every child support order issued or modified on or after January 1, 1994, the court
23 or administrative body shall include[: (a)] a provision that the income of an obligor is subject to
24 immediate income withholding in accordance with this chapter; however, if for any reason that
25 provision is not included in the child support order the obligor's income is nevertheless subject to
26 immediate income withholding[; and].
27 [(b) with regard to child support orders that are subject to income withholding, an order
28 assessing against the obligor an additional $7 per month check processing fee to be included in the
29 amount withheld and paid to the office for the purposes of income withholding in accordance with
30 the provisions of this chapter.]
31 [(3) With regard to persons receiving IV-D services:]

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1 [(a) Each child support order issued or modified on or after January 1, 1994, subjects the
2 income of an obligor to immediate income withholding as of the effective date of the order
3 regardless of whether a delinquency occurs, unless:]
4 [(i) the court or administrative body that entered the order finds that one of the parties has
5 demonstrated good cause not to require immediate income withholding; or]
6 [(ii) a written agreement that provides an alternative arrangement is executed by the
7 obligor and obligee, and by the office in cases pursued under Title IV-D of the Social Security Act
8 where there is an assignment of support rights to the state, and reviewed and entered in the record
9 by the court or administrative body.]
10 [(b) For purposes of Subsection (a):]
11 [(i) "good cause" shall be based on, at a minimum:]
12 [(A) a determination and explanation on the record by the court or administrative body that
13 implementation of income withholding would not be in the best interest of the child; and]
14 [(B) proof of timely payment of any previously ordered support;]
15 [(ii) in determining "good cause", the court or administrative body may, in addition to any
16 other requirement that it deems appropriate, consider whether the obligor has:]
17 [(A) obtained a bond, deposited money in trust for the benefit of the dependent children,
18 or otherwise made arrangements sufficient to guarantee child support payments for at least two
19 months; and]
20 [(B) arranged to deposit all child support payments into a checking account belonging to
21 the obligee, or made arrangements insuring that a reliable and independent record of the date and
22 place of child support payments will be maintained.]
23 [(c) In cases where the court or administrative body that entered the order finds a
24 demonstration of good cause or enters a written agreement that immediate income withholding is
25 not required in accordance with this section, any party may subsequently pursue income
26 withholding on the earliest of the following dates:]
27 [(i) the date payment of child support becomes delinquent;]
28 [(ii) the date the obligor requests;]
29 [(iii) the date the custodial parent requests, if the office determines that the request should
30 be approved based on procedures and standards the office has established; or]
31 [(iv) on such date as the office selects.]

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1 [(d) Income withholding implemented under this section is subject to termination under
2 Section 62A-11-408.]
3 [(4) Appropriate income withholding procedures apply to existing and future payors, and
4 all withheld income shall be submitted to the office. Income withholding under the order may be
5 effective until the obligor no longer owes child support to the obligee.]
6 Section 50. Section 62A-11-404 is repealed and reenacted to read:
7 62A-11-404. Office procedures for income withholding for orders issued or modified
8 on or after October 13, 1990.
9 (1) With regard to obligees or obligors who are receiving IV-D services, each child support
10 order issued or modified on or after October 13, 1990, subjects the income of an obligor to
11 immediate income withholding as of the effective date of the order, regardless of whether a
12 delinquency occurs unless:
13 (a) the court or administrative body that entered the order finds that one of the parties has
14 demonstrated good cause not to require immediate income withholding; or
15 (b) a written agreement that provides an alternative arrangement is executed by the obligor
16 and obligee, and by the office, if there is an assignment under Section 35A-8-108, and reviewed
17 and entered in the record by the court or administrative body.
18 (2) For purposes of this section:
19 (a) "good cause" shall be based on, at a minimum:
20 (i) a determination and explanation on the record by the court or administrative body that
21 implementation of income withholding would not be in the best interest of the child; and
22 (ii) proof of timely payment of any previously ordered support;
23 (b) in determining "good cause," the court or administrative body may, in addition to any
24 other requirement that it determines appropriate, consider whether the obligor has:
25 (i) obtained a bond, deposited money in trust for the benefit of the dependent children, or
26 otherwise made arrangements sufficient to guarantee child support payments for at least two
27 months; and
28 (ii) arranged to deposit all child support payments into a checking account belonging to
29 the obligee or made arrangements insuring that a reliable and independent record of the date and
30 place of child support payments will be maintained.
31 (3) An exception from immediate income withholding shall be:

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1 (a) included in the court or administrative agency's child support order; and
2 (b) negated without further administrative or judicial action:
3 (i) upon a delinquency;
4 (ii) upon the obligor's request; or
5 (iii) if the office, based on internal procedures and standards, or a party requests immediate
6 income withholding for a case in which the parties have entered into an alternative arrangement
7 to immediate income withholding pursuant to Subsection (1)(b).
8 (4) If an exception to immediate income withholding has been ordered on the basis of
9 good cause under Subsection (1)(a), the office may commence income withholding under this part:
10 (a) in accordance with Subsection (3)(b); or
11 (b) if the administrative or judicial body that found good cause determines that
12 circumstances no longer support that finding.
13 (5) (a) A party may contest income withholding due to a mistake of fact by filing a written
14 objection with the office within 15 days of the commencement of income withholding under
15 Subsection (4).
16 (b) If a party contests income withholding under Subsection (5)(a), the office shall proceed
17 with the objection as it would an objection filed under Section 62A-11-405.
18 (6) Income withholding implemented under this section is subject to termination under
19 Section 62A-11-408.
20 (7) (a) Income withholding under the order may be effective until the obligor no longer
21 owes child support to the obligee.
22 (b) Appropriate income withholding procedures apply to existing and future payors and
23 all withheld income shall be submitted to the office.
24 Section 51. Section 62A-11-405 is amended to read:
25 62A-11-405. Office procedures for income withholding for orders issued or modified
26 before October 13, 1990.
27 (1) With regard to child support orders issued prior to October 13, 1990, and not otherwise
28 modified after that date, and for which an obligor or obligee is receiving IV-D services, the office
29 shall proceed to withhold income as a means of collecting child support[,] if a delinquency occurs
30 under the order, regardless of whether [or not] the relevant child support order includes
31 authorization [of] for income withholding[, under the provisions of Section 62A-11-404, or if a

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1 delinquency has occurred under the order].
2 (2) Upon receipt of a verified statement or affidavit alleging that a delinquency has
3 occurred, the office shall [serve, by personal service or certified mail, a written advance notice on
4 the obligor. The "advance notice" shall state]:
5 [(a) the names of the children for whom child support is sought, and the amount of current
6 child support;]
7 [(b) the amount of child support which is claimed to be overdue and the amount of child
8 support to be withheld from income;]
9 [(c) that the income withholding will apply to present and future payors;]
10 [(d) that the obligor has 15 days after service of the notice in which to contact the office
11 in writing to contest the withholding, that the only basis for contesting the withholding is mistake
12 of fact, and that if he contests the withholding he must specifically contest the amount of current
13 child support stated in the notice, or state that child support in an amount at least equal to child
14 support payable for one month is not overdue;]
15 [(e) that if he wishes to contest the withholding, he has the right to an administrative
16 hearing and to be accompanied by an attorney at that hearing; and]
17 [(f) that failure to contest the withholding will result in notification to present and future
18 payors to withhold income.]
19 [(3) (a) If, within 15 days of service of the advance notice described in Subsection (2), the
20 obligor does not contest the withholding in writing, the office shall, based upon all information
21 available to it, determine whether a delinquency has occurred. If the office determines that a
22 delinquency has occurred, it shall proceed with income withholding under this part.]
23 [(b) If the obligor contests the withholding in the manner described in Subsection (2), the
24 department shall, within 45 days:]
25 [(i) provide an opportunity for the obligor to present his case at an administrative hearing;]
26 [(ii) decide, based upon the facts set forth at the administrative hearing, whether income
27 withholding shall occur;]
28 [(iii) notify the obligor of its decision and, if withholding is authorized by the decision,
29 give the approximate date on which it will begin, and specify the information which will be
30 provided to the payor under Section 62A-11-406; and]
31 [(iv) notify the obligor that he may, within 30 days, appeal the decision to a court of

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1 competent jurisdiction.]
2 (a) send notice to the payor for income withholding in accordance with Section
3 62A-11-406; and
4 (b) send notice to the obligor under Section 62A-11-304.4 that includes:
5 (i) a copy of the notice sent to the payor; and
6 (ii) information regarding:
7 (A) the commencement of income withholding; and
8 (B) the opportunity to contest the withholding or the amount withheld due to mistake of
9 fact by filing a written request for review under this section with the office within 15 days.
10 (3) If the obligor contests the withholding, the office shall:
11 (a) provide an opportunity for the obligor to provide documentation and, if necessary, to
12 present evidence supporting the obligor's claim of mistake of fact;
13 (b) decide whether income withholding shall continue;
14 (c) notify the obligor of its decision and the obligor's right to appeal under Subsection (4);
15 and
16 (d) at the obligor's option, return, if in the office's possession, or credit toward the most
17 current and future support obligations of the obligor any amount mistakenly withheld and, if the
18 mistake is attributable to the office, interest at the legal rate.
19 (4) [If the] (a) An obligor [appeals] may appeal the [department's] office's decision to
20 withhold income under Subsection (3)[: (a) the obligor shall file] by filing an appeal with the
21 district court within 30 days after service of the notice under Subsection (3)[,] and immediately
22 [notify] notifying the office in writing of [his] the obligor's decision to appeal[; and].
23 (b) [the] The office shall proceed with income withholding under this part during the
24 appeal, but shall hold all funds it receives, except current child support, in a reserve account
25 pending the court's decision on appeal. The funds, plus interest at the legal rate, shall be paid to
26 the party determined by the court.
27 (c) If an obligor appeals a decision of the office to a district court under Subsection (4)(a),
28 the obligor shall provide to the obligee:
29 (i) notice of the obligor's appeal; and
30 (ii) a copy of any documents filed by the obligor upon the office in connection with the
31 appeal.

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1 (5) An obligor's payment of overdue child support may not be the sole basis for not
2 implementing income withholding in accordance with this part.
3 Section 52. Section 62A-11-406 is amended to read:
4 62A-11-406. Notice to payor.
5 Upon compliance with the applicable provisions of this part the office shall mail or deliver
6 to each payor at the payor's last-known address written notice stating:
7 (1) the amount of child support to be withheld from income;
8 (2) that the child support must be withheld from the obligor's income each time the obligor
9 is paid, but that the amount [actually] withheld may not exceed the maximum amount permitted
10 under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Section 1673 (b);
11 (3) that [he] the payor must mail or deliver the withheld income to the office within [ten
12 days of the date he pays the obligor] seven business days of the date the amount would have been
13 paid or credited to the employee but for this section;
14 (4) that, once per month, [he] the payor may deduct from the obligor's income an
15 additional amount which is equal to the amount payable to a garnishee under Rule 64D of the Utah
16 Rules of Civil Procedure, as the payor's fee for administrative costs[;], but the total amount
17 withheld may not exceed the maximum amount permitted under Section 303 (b) of the Consumer
18 Credit Protection Act, 15 U.S.C. Section 1673 (b);
19 (5) that the notice to withhold is binding on [him] the payor and on any future payor until
20 further notice by the office or a court;
21 (6) (a) that if [he] the payor fails to mail or deliver withheld income to the office within
22 the time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10%
23 of the withheld income, whichever is greater, for each payment that is late, per obligor; and
24 (b) that if [he] the payor willfully fails to withhold income in accordance with the notice,
25 [he] the payor is liable to the office for $1,000 or the accumulated amount [he] the payor should
26 have withheld, whichever is greater, plus interest on that amount;
27 (7) that the notice to withhold is prior to any other legal process under state law;
28 (8) that [he] the payor must begin to withhold income no later than the first time the
29 obligor's earnings are normally paid after five working days from the date the payor receives the
30 notice;
31 (9) that [he] the payor must notify the office within five days after the obligor terminates

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1 employment or the periodic income payment is terminated, and provide the obligor's last-known
2 address and the name and address of any new payor, if known;
3 (10) that if [he] the payor discharges, refuses to employ, or takes disciplinary action
4 against an obligor because of the notice to withhold, the payor is liable to the obligor as provided
5 in Section 62A-11-316, and to the office for the greater of $1,000 or the amount of child support
6 accumulated to the date of discharge which [he] the payor should have withheld, plus interest on
7 that amount; and
8 (11) that, in addition to any other remedy provided in this section, [he] the payor is liable
9 [to the office in cases administered under Title IV-D of the Social Security Act,] for costs and
10 reasonable attorneys' fees incurred in enforcing any provision in a notice to withhold mailed or
11 delivered to the payor's last-known address.
12 Section 53. Section 62A-11-407 is amended to read:
13 62A-11-407. Payor's procedures for income withholding.
14 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice served on
15 [him] the payor under Section 62A-11-406 [or of a notice or order served upon him under a civil
16 action for income withholding].
17 (b) A payment of withheld income mailed to the office in an envelope postmarked within
18 [ten days of the date the obligor is paid complies with] seven business days of the date the amount
19 would have been paid or credited to the obligor but for this section satisfies Subsection
20 62A-11-406(3).
21 (2) (a) If a payor fails to comply with [the requirements of] a notice served upon him under
22 Section 62A-11-406, the office, the obligee, if an assignment has not been made under Section
23 35A-11-108, or the obligor may proceed with a civil action[, or under Title 63, Chapter 46b,
24 Administrative Procedures Act, with a judicial or administrative action] against [him] the payor
25 to enforce [the notice to withhold, and to obtain a judicial or administrative order compelling
26 compliance with the notice and rendering a judgment against him in accordance with Section
27 62A-11-406] a provision of the notice.
28 (b) In addition to a civil action under Subsection (2)(a), the office may bring an
29 administrative action pursuant to Title 63, Chapter 46b, Administrative Procedures Act, to enforce
30 a provision of the notice.
31 (c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a

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1 provision of the notice, the obligee or obligor may recover any penalty related to that provision
2 under Section 62A-11-406 in place of the office.
3 (3) If the obligor's child support is owed monthly and the payor's pay periods are at more
4 frequent intervals, the payor, with the consent of the office[,] may withhold an equal amount at
5 each pay period cumulatively sufficient to pay the monthly child support obligation.
6 (4) A payor may combine amounts which he has withheld from the incomes of multiple
7 obligors[,] into a single payment to the office. If such a combined payment is made, the payor
8 shall specify the amount attributable to each individual obligor[, identified] by name and Social
9 Security number.
10 (5) In addition to any other remedy provided in this section, a payor is liable to the office
11 [in cases administered under Title IV-D of the Social Security Act], obligee, or obligor for costs
12 and reasonable attorneys' fees incurred in enforcing [any] a provision in the notice mailed or
13 delivered under Section 62A-11-406.
14 (6) Notwithstanding this section or Section 62A-11-406, if a payor receives an income
15 withholding order or notice issued by another state, the payor shall apply the income withholding
16 law of the state of the obligor's principal place of employment in determining:
17 (a) the payor's fee for processing income withholding;
18 (b) the maximum amount permitted to be withheld from the obligor's income;
19 (c) the time periods within which the payor must implement income withholding and
20 forward child support payments;
21 (d) the priorities for withholding and allocating withheld income for multiple child support
22 obligees; and
23 (e) any term or condition for withholding not specified in the notice.
24 Section 54. Section 62A-11-408 is amended to read:
25 62A-11-408. Termination of income withholding.
26 (1) (a) At any time after the date income withholding begins, a party to the child support
27 order may request a judicial hearing or administrative [hearing] review to determine whether
28 income withholding should be terminated due to:
29 (i) good cause under Section 62A-11-404;
30 (ii) the execution of a written agreement under Section 62A-11-404; or
31 (iii) the completion of an obligor's support obligation.

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1 (b) An obligor's payment of overdue child support may not be the sole basis for
2 termination of income withholding.
3 (c) If it is determined [at the hearing] by a court or the office that income withholding
4 should be terminated, the office shall give written notice of termination to each payor within ten
5 days after receipt of notice of that decision.
6 (d) If, after termination of income withholding by court or administrative order, an
7 obligor's child support obligation becomes delinquent or subject to immediate and automatic
8 income withholding under Section [62A-11-404.5] 62A-11-404, the office shall reinstate income
9 withholding procedures in accordance with the provisions of this part.
10 (e) If the office [voluntarily agreed to termination of] terminates income withholding
11 through an agreement with a party, the office may reinstate income withholding [procedures when
12 the child support obligation again becomes delinquent or subject to immediate income withholding
13 under Section 62A-11-404.5, without advance notice to the obligor.] if:
14 (i) a delinquency occurs;
15 (ii) the obligor requests reinstatement;
16 (iii) the obligee requests reinstatement; or
17 (iv) the office, based on internal procedures and standards, determines reinstatement is
18 appropriate.
19 (2) The office shall give written notice of termination to each payor when the obligor no
20 longer owes child support to the obligee.
21 (3) [Notices] A notice to withhold income, served by the office, [are] is binding on a payor
22 until the office notifies [him] the payor that [his] the obligation to withhold income has been
23 terminated.
24 Section 55. Section 62A-11-409 is amended to read:
25 62A-11-409. Payor's compliance with income withholding.
26 (1) Payment by a payor under this part satisfies the terms for payment of income under any
27 contract between a payor and obligor.
28 (2) A payor who complies with [a notice under this part is not liable to an obligor for
29 wrongful] an income withholding notice that is regular on its face may not be subject to civil
30 liability to any person for conduct in compliance with the notice.
31 Section 56. Section 62A-11-501 is amended to read:

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1 Part 5. Income Withholding in Non IV-D Cases
2 62A-11-501. Definitions -- Application.
3 (1) The requirements of this part apply only to cases in which neither the obligee [does not
4 receive] nor the obligor is receiving IV-D services.
5 (2) For purposes of this part the definitions contained in Section 62A-11-401 apply.
6 Section 57. Section 62A-11-502 is amended to read:
7 62A-11-502. Child support orders issued or modified on or after January 1, 1994 --
8 Immediate income withholding.
9 (1) With regard to obligees or obligors who are not receiving IV-D services, each child
10 support order issued or modified on or after January 1, 1994, subjects the income of an obligor to
11 immediate income withholding as of the effective date of the order, regardless of whether a
12 delinquency occurs unless:
13 (a) the court or administrative body that entered the order finds that one of the parties has
14 demonstrated good cause not to require immediate income withholding; or
15 (b) a written agreement that provides an alternative arrangement is executed by the obligor
16 and obligee, and reviewed and entered in the record by the court or administrative body.
17 (2) For purposes of this section:
18 (a) an action on or after January 1, 1994, to reduce child support arrears to judgment,
19 without a corresponding establishment of or modification to a base child support amount, is not
20 sufficient to trigger immediate income withholding;
21 (b) "good cause" shall be based on, at a minimum:
22 (i) a determination and explanation on the record by the court or administrative body that
23 implementation of income withholding would not be in the best interest of the child; and
24 (ii) proof of timely payment of any previously ordered support;
25 (c) in determining "good cause," the court or administrative body may, in addition to any
26 other requirement that it deems appropriate, consider whether the obligor has:
27 (i) obtained a bond, deposited money in trust for the benefit of the dependent children, or
28 otherwise made arrangements sufficient to guarantee child support payments for at least two
29 months; and
30 (ii) arranged to deposit all child support payments into a checking account belonging to
31 the obligee, or made arrangements insuring that a reliable and independent record of the date and

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1 place of child support payments will be maintained.
2 (3) In cases where the court or administrative body that entered the order finds a
3 demonstration of good cause or enters a written agreement that immediate income withholding is
4 not required, in accordance with this section, any party may subsequently pursue income
5 withholding on the earliest of the following dates:
6 (a) the date payment of child support becomes delinquent;
7 (b) the date the obligor requests; [or]
8 (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists; or
9 [(c)] (d) the date the court or administrative body so modifies that order.
10 (4) The court shall include in every child support order issued or modified on or after
11 January 1, 1994[: (a)], a provision that the income of an obligor is subject to income withholding
12 in accordance with this chapter; however, if for any reason that provision is not included in the
13 child support order, the obligor's income is nevertheless subject to income withholding[; and].
14 [(b) with regard to child support orders that are subject to income withholding, an order
15 assessing against the obligor a $7 per month check processing fee to be included in the amount
16 withheld and paid to the office for the purposes of income withholding in accordance with the
17 provisions of this chapter.]
18 (5) (a) In any action to establish or modify a child support order after July 1, 1997, the
19 court, upon request by the obligee or obligor, shall commence immediate income withholding by
20 ordering the clerk of the court or the requesting party to:
21 (i) mail written notice to the payor at the payor's last-known address that contains the
22 information required by Section 62A-11-506; and
23 (ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a
24 copy of the support order to the office.
25 (b) If neither the obligee nor obligor requests commencement of income withholding under
26 Subsection (5)(a), the court shall include in the order to establish or modify child support a
27 provision that the obligor or obligee may commence income withholding by:
28 (i) applying for IV-D services with the office; or
29 (ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
30 Section 62A-11-504.
31 (c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with the

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1 requirements of Section 62A-11-507.
2 Section 58. Section 62A-11-503 is repealed and reenacted to read:
3 62A-11-503. Requirement of employment and location information.
4 (1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall
5 require the parties to file the information required under Section 62A-11-304.4.
6 (2) If a party fails to provide the information required by Section 62A-11-304.4, the court
7 shall issue or modify an order upon receipt of a verified representation of employment or source
8 of income for that party based on the best evidence available if:
9 (a) that party has participated in the current proceeding;
10 (b) the notice and service of process requirements of the Utah Rules of Civil Procedure
11 have been met if the case is before the court to establish an original order of support; or
12 (c) the notice requirements of Section 62A-11-304.4 have been met if the case is before
13 the court to modify an existing order.
14 (3) A court may restrict the disclosure of information required by Section 62A-11-304.4:
15 (a) in accordance with a protective order involving the parties; or
16 (b) if the court has reason to believe that the release of information may result in physical
17 or emotional harm by one party to the other party.
18 Section 59. Section 62A-11-504 is repealed and reenacted to read:
19 62A-11-504. Procedures for commencing income withholding.
20 (1) If income withholding has not been commenced in connection with a child support
21 order, an obligee or obligor may commence income withholding by:
22 (a) applying for IV-D services from the office; or
23 (b) filing an ex parte motion for income withholding with a district court of competent
24 jurisdiction.
25 (2) The office shall commence income withholding in accordance with Part 4 of this
26 chapter upon receipt of an application for IV-D services under Subsection (1)(a).
27 (3) A court shall grant an ex parte motion to commence income withholding filed under
28 Subsection (1)(b) regardless of whether the child support order provided for income withholding,
29 if the obligee provides competent evidence showing:
30 (a) the child support order was issued or modified after January 1, 1994, and the obligee
31 or obligor expresses a desire to commence income withholding;

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1 (b) the child support order was issued or modified after January 1, 1994, and the order
2 contains a good cause exception to income withholding as provided for in Section 62A-11-502,
3 and a delinquency has occurred; or
4 (c) the child support order was issued or modified before January 1, 1994, and a
5 delinquency has occurred.
6 (4) If a court grants an ex parte motion under Subsection (3), the court shall order the clerk
7 of the court or the requesting party to:
8 (a) mail written notice to the payor at the payor's last-known address that contains the
9 information required by Section 62A-11-506;
10 (b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the new
11 requesting party's address and a copy of the support order and the notice to the payor to the office;
12 and
13 (c) if the obligee is the requesting party, send notice to the obligor under Section
14 62A-11-304.4 that includes:
15 (i) a copy of the notice sent to the payor; and
16 (ii) information regarding:
17 (A) the commencement of income withholding; and
18 (B) the opportunity to contest the withholding or the amount withheld due to mistake of
19 fact by filing an objection with the court within 20 days.
20 (5) A payor who receives written notice under Subsection (4)(a) shall comply with the
21 requirements of Section 62A-11-507.
22 (6) If an obligor contests withholding, the court shall:
23 (a) provide an opportunity for the obligor to present evidence supporting his claim of a
24 mistake of fact;
25 (b) decide whether income withholding should continue;
26 (c) notify the parties of the decision; and
27 (d) at the obligor's option, return or credit toward the most current and future support
28 payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
29 Section 60. Section 62A-11-505 is enacted to read:
30 62A-11-505. Responsibilities of the office.
31 The office shall document and distribute payments in the manner provided for and in the

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1 time required by Section 62A-11-413 and federal law upon receipt of:
2 (1) a copy of the written notice sent to the payor under Section 62A-11-502 or Section
3 62A-11-504;
4 (2) the order of support;
5 (3) the obligee's address; and
6 (4) withheld income from the payor.
7 Section 61. Section 62A-11-506 is enacted to read:
8 62A-11-506. Notice to payor.
9 (1) A notice mailed or delivered to a payor under this part shall state in writing:
10 (a) the amount of child support to be withheld from income;
11 (b) that the child support must be withheld from the obligor's income each time the obligor
12 is paid, but that the amount withheld may not exceed the maximum amount permitted under
13 Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Section 1673(b);
14 (c) that the payor must mail or deliver the withheld income to the office within seven
15 business days of the date the amount would have been paid or credited to the employee but for this
16 section;
17 (d) that, once per month, the payor may deduct from the obligor's income an additional
18 amount which is equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of
19 Civil Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
20 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection
21 Act, 15 U.S.C. Section 1673(b);
22 (e) that the notice to withhold is binding on the payor and on any future payor until further
23 notice by the office or a court;
24 (f) (i) that if the payor fails to mail or deliver withheld income to the office within the time
25 period set in Subsection (1)(c), the payor is liable to the obligee for a late fee of $50 or 10% of the
26 withheld income, whichever is greater, for each payment that is late; and
27 (ii) that if the payor willfully fails to withhold income in accordance with the notice, the
28 payor is liable to the obligee for $1,000 or the accumulated amount the payor should have
29 withheld, whichever is greater, plus interest on that amount;
30 (g) that the notice to withhold is prior to any other legal process under state law;
31 (h) that the payor must begin to withhold income no later than the first time the obligor's

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1 earnings are normally paid after five working days from the date the payor receives the notice;
2 (i) that the payor must notify the office within five days after the obligor terminates
3 employment or the periodic income payment is terminated, and provide the obligor's last-known
4 address and the name and address of any new payor, if known;
5 (j) that if the payor discharges, refuses to employ, or takes disciplinary action against an
6 obligor because of the notice to withhold, the payor is liable to the obligor as provided in Section
7 62A-11-316 and the obligee for the greater of $1,000 or the amount of child support accumulated
8 to the date of discharge which the payor should have withheld plus interest on that amount; and
9 (k) that, in addition to any other remedy provided in this section, the payor is liable to the
10 obligee, or obligor for costs and reasonable attorneys' fees incurred in enforcing a provision in a
11 notice to withhold mailed or delivered under Section 62A-11-502 or 62A-11-504.
12 (2) If the obligor's employment with a payor is terminated, the office shall, if known and
13 if contacted by the obligee, inform the obligee of:
14 (a) the obligor's last-known address; and
15 (b) the name and address of any new payor.
16 Section 62. Section 62A-11-507 is enacted to read:
17 62A-11-507. Payor's procedures for income withholding.
18 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice mailed or
19 delivered to him under Section 62A-11-506.
20 (b) A payment of withheld income mailed to the office in an envelope postmarked within
21 seven business days of the date the amount would have been paid or credited to the obligor but for
22 this section satisfies Subsection 62A-11-506(1)(c).
23 (2) If a payor fails to comply with the requirements of a notice served upon him under
24 Section 62A-11-506, the obligee, or obligor may proceed with a civil action against the payor to
25 enforce a provision of the notice.
26 (3) If the obligor's child support is owed monthly and the payor's pay periods are at more
27 frequent intervals, the payor, with the consent of the office or obligee, may withhold an equal
28 amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
29 (4) A payor may combine amounts which he has withheld from the income of multiple
30 obligors into a single payment to the office. If such a combined payment is made, the payor shall
31 specify the amount attributable to each individual obligor by name and Social Security number.

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1 (5) In addition to any other remedy provided in this section, a payor is liable to the obligee
2 or obligor for costs and reasonable attorneys' fees incurred in enforcing a provision of the notice
3 mailed or delivered under Section 62A-11-506.
4 (6) Notwithstanding this section or Section 62A-11-506, if a payor receives an income
5 withholding order or notice issued by another state, the payor shall apply the income withholding
6 law of the state of the obligor's principal place of business in determining:
7 (a) the payor's fee for processing income withholding;
8 (b) the maximum amount permitted to be withheld from the obligor's income;
9 (c) the time periods within which the payor must implement income withholding and
10 forward child support payments;
11 (d) the priorities for withholding and allocating withheld income for multiple child support
12 obligees; and
13 (e) any terms or conditions for withholding not specified in the notice.
14 Section 63. Section 62A-11-508 is enacted to read:
15 62A-11-508. Termination of income withholding.
16 (1) (a) At any time after the date income withholding begins, a party to the child support
17 order may request a court to determine whether income withholding should be terminated due to:
18 (i) good cause under Section 62A-11-502; or
19 (ii) the completion of an obligor's support obligation.
20 (b) An obligor's payment of overdue child support may not be the sole basis for
21 termination of income withholding.
22 (c) After termination of income withholding under this section, a party may seek
23 reinstatement of income withholding under Section 62A-11-504.
24 (2) (a) If it is determined that income withholding should be terminated under Subsection
25 (1)(a)(i), the court shall order written notice of termination be given to each payor within ten days
26 after receipt of notice of that decision.
27 (b) The obligee shall give written notice of termination to each payor:
28 (i) when the obligor no longer owes child support to the obligee; or
29 (ii) if the obligee and obligor enter into a written agreement that provides an alternative
30 arrangement, which may be filed with the court.
31 (3) A notice to withhold income is binding on a payor until the court or the obligee notifies

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1 the payor that his obligation to withhold income has been terminated.
2 Section 64. Section 62A-11-509 is enacted to read:
3 62A-11-509. Payor's compliance with income withholding.
4 (1) Payment by a payor under this part satisfies the terms for payment of income under any
5 contract between a payor and obligor.
6 (2) A payor who complies with an income withholding notice that is regular on its face
7 may not be subject to civil liability to any person for conduct in compliance with the notice.
8 Section 65. Section 62A-11-510 is enacted to read:
9 62A-11-510. Violations by payor.
10 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a notice
11 to withhold under this part.
12 (2) If a payor violates Subsection (1), the payor is liable to the obligor as provided in
13 Section 62A-11-316 and the obligee for the greater of $1,000 or the amount of child support
14 accumulated to the date of discharge which should have been withheld plus interest on that amount
15 and costs incurred in collecting the amount, including reasonable attorneys' fees.
16 Section 66. Section 62A-11-511 is enacted to read:
17 62A-11-511. Priority of notice or order to withhold income.
18 The notice to withhold under this part is prior to all other legal collection processes
19 provided by state law, including garnishment, attachment, execution, and wage assignment.
20 Section 67. Section 63-2-302 is amended to read:
21 63-2-302. Private records.
22 (1) The following records are private:
23 (a) records concerning an individual's eligibility for unemployment insurance benefits,
24 social services, welfare benefits, or the determination of benefit levels;
25 (b) records containing data on individuals describing medical history, diagnosis, condition,
26 treatment, evaluation, or similar medical data;
27 (c) records of publicly funded libraries that when examined alone or with other records
28 identify a patron;
29 (d) records received or generated for a Senate or House Ethics Committee concerning any
30 alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if
31 the ethics committee meeting was closed to the public;

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1 (e) records received or generated for a Senate confirmation committee concerning
2 character, professional competence, or physical or mental health of an individual:
3 (i) if prior to the meeting, the chair of the committee determines release of the records:
4 (A) reasonably could be expected to interfere with the investigation undertaken by the
5 committee; or
6 (B) would create a danger of depriving a person of a right to a fair proceeding or impartial
7 hearing;
8 (ii) after the meeting, if the meeting was closed to the public; [and]
9 (f) records concerning a current or former employee of, or applicant for employment with,
10 a governmental entity that would disclose that individual's home address, home telephone number,
11 social security number, insurance coverage, marital status, or payroll deductions[.]; and
12 (g) that part of a record indicating a person's social security number if provided under
13 Section 31A-23-202, 31A-26-202, 58-1-301, 61-1-4, or 61-2-6.
14 (2) The following records are private if properly classified by a governmental entity:
15 (a) records concerning a current or former employee of, or applicant for employment with
16 a governmental entity, including performance evaluations and personal status information such as
17 race, religion, or disabilities, but not including records that are public under Subsection
18 63-2-301(1)(b) or 63-2-301(2)(o), or private under Subsection 63-2-302(1)(b);
19 (b) records describing an individual's finances, except that the following are public:
20 (i) records described in Subsection 63-2-301(1);
21 (ii) information provided to the governmental entity for the purpose of complying with a
22 financial assurance requirement; or
23 (iii) records that must be disclosed in accordance with another statute;
24 (c) records of independent state agencies if the disclosure of those records would conflict
25 with the fiduciary obligations of the agency;
26 (d) other records containing data on individuals the disclosure of which constitutes a
27 clearly unwarranted invasion of personal privacy; and
28 (e) records provided by the United States or by a government entity outside the state that
29 are given with the requirement that the records be managed as private records, if the providing
30 entity states in writing that the record would not be subject to public disclosure if retained by it.
31 Section 68. Section 78-3-21 is amended to read:

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1 78-3-21. Judicial Council -- Creation -- Members -- Terms and election --
2 Responsibilities -- Reports.
3 (1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution, shall
4 be composed of:
5 (a) the chief justice of the Supreme Court;
6 (b) one member elected by the justices of the Supreme Court;
7 (c) one member elected by the judges of the Court of Appeals;
8 (d) five members elected by the judges of the district courts;
9 (e) two members elected by the judges of the juvenile courts;
10 (f) three members elected by the justice court judges; and
11 (g) a member or ex officio member of the Board of Commissioners of the Utah State Bar
12 who is an active member of the Bar in good standing elected by the Board of Commissioners.
13 (2) (a) The chief justice of the Supreme Court shall act as presiding officer of the council
14 and chief administrative officer for the courts. The chief justice shall vote only in the case of a tie.
15 (b) All members of the council shall serve for three-year terms. If a council member
16 should die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent
17 group shall elect a member to complete the term of office. In courts having more than one
18 member, the members shall be elected to staggered terms. The person elected to the Judicial
19 Council by the Board of Commissioners shall be a member or ex officio member of the Board of
20 Commissioners and an active member of the Bar in good standing at the time the person is elected.
21 The person may complete a three-year term of office on the Judicial Council even though the
22 person ceases to be a member or ex officio member of the Board of Commissioners. The person
23 shall be an active member of the Bar in good standing for the entire term of the Judicial Council.
24 (c) Elections shall be held under rules made by the Judicial Council.
25 (3) The council is responsible for the development of uniform administrative policy for
26 the courts throughout the state. The presiding officer of the Judicial Council is responsible for the
27 implementation of the policies developed by the council and for the general management of the
28 courts, with the aid of the administrator. The council has authority and responsibility to:
29 (a) establish and assure compliance with policies for the operation of the courts, including
30 uniform rules and forms; and
31 (b) publish and submit to the governor, the chief justice of the Supreme Court, and the

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1 Legislature an annual report of the operations of the courts, which shall include financial and
2 statistical data and may include suggestions and recommendations for legislation.
3 (4) (a) The Judicial Council shall make rules establishing:
4 (i) standards for judicial competence; and
5 (ii) a formal program for the evaluation of judicial performance containing the elements
6 of and meeting the requirements of this subsection.
7 (b) The Judicial Council shall ensure that the formal judicial performance evaluation
8 program has improvement in the performance of individual judges, court commissioners, and the
9 judiciary as its goal.
10 (c) The Judicial Council shall ensure that the formal judicial performance evaluation
11 program includes at least all of the following elements:
12 (i) a requirement that judges complete a certain number of hours of approved judicial
13 education each year;
14 (ii) a requirement that each judge certify that he is:
15 (A) physically and mentally competent to serve; and
16 (B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
17 (iii) a requirement that the judge receive a satisfactory score on questions identified by the
18 Judicial Council as relating to judicial certification on a survey of members of the Bar developed
19 by the Judicial Council in conjunction with the American Bar Association.
20 (d) The Judicial Council shall ensure that the formal judicial performance evaluation
21 program considers at least the following criteria:
22 (i) integrity;
23 (ii) knowledge;
24 (iii) understanding of the law;
25 (iv) ability to communicate;
26 (v) punctuality;
27 (vi) preparation;
28 (vii) attentiveness;
29 (viii) dignity;
30 (ix) control over proceedings; and
31 (x) skills as a manager.

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1 (e) (i) The judicial council shall provide the judicial performance evaluation information
2 required by Subsection 20A-7-702(2) to the Lieutenant Governor for publication in the voter
3 information pamphlet.
4 (ii) Not later than August 1 of the year before the expiration of the term of office of a
5 municipal court judge, the Judicial Council shall provide the judicial performance evaluation
6 information required by Subsection 20A-7-702(2) to the appointing authority of a municipal
7 justice court judge.
8 (5) The council shall establish standards for the operation of the courts of the state
9 including, but not limited to, facilities, court security, support services, and staff levels for judicial
10 and support personnel.
11 (6) The council shall by rule establish the time and manner for destroying court records,
12 including computer records, and shall establish retention periods for these records.
13 (7) (a) Consistent with the requirements of judicial office and security policies, the council
14 shall establish procedures to govern the assignment of state vehicles to public officers of the
15 judicial branch.
16 (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may
17 be assigned for unlimited use, within the state only.
18 (8) (a) The council shall advise judicial officers and employees concerning ethical issues
19 and shall establish procedures for issuing informal and formal advisory opinions on these issues.
20 (b) Compliance with an informal opinion is evidence of good faith compliance with the
21 Code of Judicial Conduct.
22 (c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
23 (9) (a) The council shall establish written procedures authorizing the presiding officer of
24 the council to appoint judges of courts of record by special or general assignment to serve
25 temporarily in another level of court in a specific court or generally within that level. The
26 appointment shall be for a specific period and shall be reported to the council.
27 (b) These procedures shall be developed in accordance with Subsection 78-3-24(10)
28 regarding temporary appointment of judges.
29 (10) The Judicial Council may by rule designate municipalities in addition to those
30 designated by statute as a location of a trial court of record. There shall be at least one court clerk's
31 office open during regular court hours in each county. Any trial court of record may hold court

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1 in any municipality designated as a location of a court of record.
2 (11) The Judicial Council shall by rule determine whether the administration of a court
3 shall be the obligation of the administrative office of the courts or whether the administrative
4 office of the courts should contract with local government for court support services.
5 (12) The Judicial Council may by rule direct that a district or circuit court location be
6 administered from another court location within the county.
7 (13) The Judicial Council shall establish and supervise the Office of Guardian Ad Litem
8 Director, in accordance with the provisions of Sections 78-3a-911 and 78-3a-912, and assure
9 compliance of the guardian ad litem program with state and federal law, regulation, and policy,
10 and court rules.
11 (14) The Judicial Council shall establish and maintain, in cooperation with the Office of
12 Recovery Services within the Department of Human Services, the part of the state case registry
13 that contains records of each support order established or modified in the state on or after October
14 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec. 654A.
15 Section 69. Section 78-32-17 is amended to read:
16 78-32-17. Noncompliance with child support order.
17 (1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant
18 to an action under Title 63, Chapter 46b, Administrative Procedures Act, makes an order requiring
19 a parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care
20 for his child, proof that such order was made, filed with the district court, and mailed to the parent
21 at his last-known address as shown on the court records or proof that the parent was present in
22 court at the time the order was pronounced, and proof of noncompliance therewith shall be prima
23 facie evidence of a contempt of court.
24 (2) Upon establishment of a prima facie case of contempt under Subsection (1), the obligor
25 under the child support order has the burden of proving inability to comply with the child support
26 order.
27 (3) [(a) If a court finds that an obligor is in contempt of court for failure to comply with
28 a child support order, the] A court may, in addition to other available sanctions, withhold, suspend
29 [the driver's license of the obligor and impose conditions for reinstatement], or restrict the use of
30 driver's licenses, professional and occupational licenses, and recreational licenses and impose
31 conditions for reinstatement upon a finding that:

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1 [(b) If a court finds that a custodial parent is in contempt of court for failure to comply
2 with a child visitation order, the court may, in addition to other available sanctions, suspend the
3 driver's license of the custodial parent and impose conditions for reinstatement.]
4 (a) an obligor has:
5 (i) made no payment for 60 days on a current obligation of support as set forth in an
6 administrative or court order and, thereafter, has failed to make a good faith effort under the
7 circumstances to make payment on the support obligation in accordance with the order; or
8 (ii) made no payment for 60 days on an arrearage obligation of support as set forth in a
9 payment schedule, written agreement with the Office of Recovery Services, or an administrative
10 or judicial order and, thereafter, has failed to make a good faith effort under the circumstances to
11 make payment on the arrearage obligation in accordance with the payment schedule, agreement,
12 or order; and
13 (iii) not obtained a judicial order staying enforcement of the support or arrearage
14 obligation for which the obligor would be otherwise delinquent;
15 (b) a custodial parent has:
16 (i) violated a child visitation order by denying contact for 60 days between a noncustodial
17 parent and a child and, thereafter, has failed to make a good faith effort under the circumstances
18 to comply with a visitation order; and
19 (ii) not obtained a judicial order staying enforcement of the visitation order; or
20 (c) an obligor or obligee, after receiving appropriate notice, has failed to comply with a
21 subpoena or order relating to a paternity or child support proceeding.
22 Section 70. Section 78-45-2 is amended to read:
23 78-45-2. Definitions.
24 As used in this chapter:
25 (1) "Adjusted gross income" means income calculated under Subsection 78-45-7.6(1).
26 (2) "Administrative agency" means the Office of Recovery Services or the Department of
27 Human Services.
28 (3) "Administrative order" means an order that has been issued by the Office of Recovery
29 Services, the Department of Human Services, or an administrative agency of another state or other
30 comparable jurisdiction with similar authority to that of the office.
31 [(3)] (4) "Base child support award" means the award that may be ordered and is

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1 calculated using the guidelines before additions for medical expenses and work-related child care
2 costs.
3 [(4)] (5) "Base combined child support obligation table," "child support table," "base child
4 support obligation table," "low income table," or "table" means the appropriate table in Section
5 78-45-7.14.
6 [(5)] (6) "Child" means:
7 (a) a son or daughter [younger than] under the age of 18 years [of age and a son or
8 daughter of any age who is incapacitated from earning a living and is without sufficient means.]
9 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of
10 the United States;
11 (b) a son or daughter over the age of 18 years, while enrolled in high school during the
12 normal and expected year of graduation and not otherwise emancipated, self-supporting, married,
13 or a member of the armed forces of the United States; or
14 (c) a son or daughter of any age who is incapacitated from earning a living and is without
15 sufficient means.
16 (7) "Child support" is defined in Section 62A-11-401.
17 (8) "Child support order" or "support order" is defined in Section 62A-11-401.
18 [(6)] (9) "Court" means the district court[,] or juvenile court[, or administrative agency
19 which may enter a child support order as defined in Section 62A-11-401].
20 [(7) "Earnings" means compensation paid or payable for personal services, whether
21 denominated as wages, salary, commission, bonus, or otherwise, and specifically includes periodic
22 payment pursuant to pension or retirement programs, or insurance policies of any type. Earnings
23 specifically includes all gain derived from capital, from labor, or from both combined, including
24 profit gained through sale or conversion of capital assets.]
25 [(8)] (10) "Guidelines" means the child support guidelines in Sections 78-45-7.2 through
26 78-45-7.21.
27 (11) "Income" is defined in Section 62A-11-303.
28 [(9)] (12) "IV-D" means Title IV of the Social Security Act, 42 U.S.C. Section 601 et seq.
29 [(10)] (13) "Joint physical custody" means the child stays with each parent overnight for
30 more than 25% of the year, and both parents contribute to the expenses of the child in addition to
31 paying child support.

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1 [(11)] (14) "Medical expenses" means health and dental expenses and related insurance
2 costs.
3 [(12)] (15) "Obligee" [means any person to whom a duty of support is owed] is defined
4 in Section 62A-11-103.
5 [(13)] (16) "Obligor" means any person owing a duty of support.
6 [(14)] (17) "Office" means the Office of Recovery Services within the Department of
7 Human Services.
8 [(15)] (18) "Parent" includes a natural parent, or an adoptive parent, or a stepparent.
9 [(16)] (19) "Split custody" means that each parent has physical custody of at least one of
10 the children.
11 [(17)] (20) "State" includes any state, territory, or possession of the United States, the
12 District of Columbia, and the Commonwealth of Puerto Rico.
13 [(18)] (21) "Stepchild" means any child having a stepparent.
14 [(19)] (22) "Stepparent" means a person ceremonially married to a child's natural or
15 adoptive custodial parent who is not the child's natural or adoptive parent or a person living with
16 the natural or adoptive parent as a common law spouse, whose common law marriage was entered
17 into in this state under Section 30-1-4.5 or in any other state which recognizes the validity of
18 common law marriages.
19 [(20)] (23) "Work-related child care costs" means reasonable child care costs for up to a
20 full-time work week or training schedule as necessitated by the employment or training of [the
21 custodial] a parent under Section 78-45-7.17.
22 [(21)] (24) "Worksheets" means the forms used to aid in calculating the base child support
23 award.
24 Section 71. Section 78-45-7 is amended to read:
25 78-45-7. Determination of amount of support -- Rebuttable guidelines.
26 (1) (a) Prospective support shall be equal to the amount granted by prior court order unless
27 there has been a [material] substantial change of circumstance on the part of the obligor or obligee
28 or adjustment under Subsection 78-45-7.2(6) has been made.
29 (b) If the prior court order contains a stipulated provision for the automatic adjustment for
30 prospective support, the prospective support shall be the amount as stated in the order, without a
31 showing of a material change of circumstances, if the stipulated provision:

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1 (i) is clear and unambiguous;
2 (ii) is self-executing;
3 (iii) provides for support which equals or exceeds the base child support award required
4 by the guidelines; and
5 (iv) does not allow a decrease in support as a result of the obligor's voluntary reduction
6 of income.
7 (2) If no prior court order exists, [or] a [material] substantial change in circumstances has
8 occurred, or a petition to modify an order under Subsection 78-45-7.2(6) has been filed, the court
9 determining the amount of prospective support shall require each party to file a proposed award
10 of child support using the guidelines before an order awarding child support or modifying an
11 existing award may be granted.
12 (3) If the court finds sufficient evidence to rebut the guidelines, the court shall establish
13 support after considering all relevant factors, including but not limited to:
14 (a) the standard of living and situation of the parties;
15 (b) the relative wealth and income of the parties;
16 (c) the ability of the obligor to earn;
17 (d) the ability of the obligee to earn;
18 (e) the needs of the obligee, the obligor, and the child;
19 (f) the ages of the parties; and
20 (g) the responsibilities of the obligor and the obligee for the support of others.
21 (4) When no prior court order exists, the court shall determine and assess all arrearages
22 based upon the Uniform Child Support Guidelines described in this chapter.
23 Section 72. Section 78-45-7.2 is amended to read:
24 78-45-7.2. Application of guidelines -- Rebuttal.
25 (1) The guidelines apply to any judicial or administrative order establishing or modifying
26 an award of child support entered on or after July 1, 1989.
27 (2) (a) The child support guidelines shall be applied as a rebuttable presumption in
28 establishing or modifying the amount of temporary or permanent child support.
29 (b) The rebuttable presumption means the provisions and considerations required by the
30 guidelines, the award amounts resulting from the application of the guidelines, and the use of
31 worksheets consistent with these guidelines are presumed to be correct, unless rebutted under the

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1 provisions of this section.
2 (3) A written finding or specific finding on the record supporting the conclusion that
3 complying with a provision of the guidelines or ordering an award amount resulting from use of
4 the guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular
5 case is sufficient to rebut the presumption in that case.
6 (4) (a) Natural or adoptive children of either parent who live in the home of that parent and
7 are not children in common to both parties may at the option of either party be taken into account
8 under the guidelines in setting or modifying a child support award, as provided in Subsection (5).
9 (b) Additional worksheets shall be prepared that compute the obligations of the respective
10 parents for the additional children. The obligations shall then be subtracted from the appropriate
11 parent's income before determining the award in the instant case.
12 (5) In a proceeding to modify an existing award, consideration of natural or adoptive
13 children other than those in common to both parties may be applied to mitigate an increase in the
14 award but may not be applied to justify a decrease in the award.
15 [(6) With regard to child support orders, enactment of the guidelines and any subsequent
16 change in the guidelines constitutes a substantial or material change of circumstances as a ground
17 for modification or adjustment of a court order, if there is a difference of at least 25% between the
18 existing order and the guidelines. In cases enforced under IV-D of Title IV of the Social Security
19 Act, 42 U.S.C. Section 601 et seq., the office may request modification, in accordance with the
20 requirements of the Family Support Act of 1988, Public Law 100-485, no more often than once
21 every three years.]
22 (6) (a) If a child support order has not been issued or modified within the previous three
23 years, a parent, legal guardian, or the office may petition the court to adjust the amount of a child
24 support order.
25 (b) Upon receiving a petition under Subsection (6)(a), the court shall, taking into account
26 the best interests of the child, determine whether there is a difference between the amount ordered
27 and the amount that would be required under the guidelines. If there is a difference of 10% or
28 more and the difference is not of a temporary nature, the court shall adjust the amount to that
29 which is provided for in the guidelines.
30 (c) A showing of a substantial change in circumstances is not necessary for an adjustment
31 under Subsection (6)(b).

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1 (7) (a) A parent, legal guardian, or the office may at any time petition the court to adjust
2 the amount of a child support order if there has been a substantial change in circumstances.
3 (b) For purposes of Subsection (7)(a), a substantial change in circumstances may include:
4 (i) material changes in custody;
5 (ii) material changes in the relative wealth or assets of the parties;
Text Box

Amend on 2_goldenrod February 21, 1997 6 (iii) material changes of 30% or more in the income of a parent;
7 (iv) material changes in the ability of a parent to earn;
8 (v) material changes in the medical needs of the child; S [or] AND s
9 (vi) material changes in the legal responsibilities of either parent for the support of others.
10 (c) Upon receiving a petition under Subsection (7)(a), the court shall, taking into account
11 the best interests of the child, determine whether a substantial change has occurred. If it has, the
12 court shall then determine whether the change results in a difference of 15% or more between the
13 amount of child support ordered and the amount that would be required under the guidelines. If
14 there is such a difference and the difference is not of a temporary nature, the court shall adjust the
15 amount of child support ordered to that which is provided for in the guidelines.
16 (8) Notice of the opportunity to adjust a support order under Subsections (6) and (7) shall
17 be included in each child support order issued or modified after July 1, 1997.
18 Section 73. Section 78-45-7.22 is enacted to read:
19 78-45-7.22. Social security number in court records.
20 The social security number of any individual who is subject to a support order shall be
21 placed in the records relating to the matter.
22 Section 74. Section 78-45a-2 is amended to read:
23 78-45a-2. Determination of paternity -- Effect -- Enforcement.
24 (1) Paternity may be determined upon:
25 (a) the petition of the mother, child, putative father, or the [public authority chargeable by
26 law with the support of the child] Office of Recovery Services; or
27 (b) a voluntary declaration of paternity executed in accordance with Title 78, Chapter 45e,
28 Voluntary Declaration of Paternity Act.
29 (2) If paternity has been determined or has been acknowledged according to the laws of
30 this state or any other state, the liabilities of the father may be enforced in the same or other
31 proceedings by:

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1 (a) the mother, child, the Office of Recovery Services, or the public authority that has
2 furnished or may furnish the reasonable expenses of pregnancy, confinement, education, necessary
3 support, or funeral expenses; and
4 (b) other persons including private agencies to the extent that they have furnished the
5 reasonable expenses of pregnancy, confinement, education, necessary support, or funeral expenses.
6 (3) An adjudication of paternity or a voluntary declaration executed in accordance with
7 Title 78, Chapter 45e, Voluntary Declaration of Paternity Act, shall be filed with the state registrar
8 in accordance with Section 26-2-5.
9 (4) A party to an action under this chapter has a continuing obligation to keep the court
10 informed of the party's current address.
11 Section 75. Section 78-45a-5 is amended to read:
12 78-45a-5. Remedies.
13 (1) The district court has jurisdiction of an action to establish paternity. All remedies for
14 enforcement of judgments for expenses of pregnancy and confinement for a wife or for education,
15 necessary support, or funeral expenses for legitimate children shall apply. The court has
16 continuing jurisdiction to modify or revoke a judgment for future education and necessary support.
17 All remedies under Title [77] 78, Chapter [31] 45f, Uniform [Reciprocal Enforcement of] Interstate
18 Family Support Act, are available for enforcement of duties of support under this [act] chapter.
19 (2) (a) The obligee may enforce his right of support against the obligor and the
20 [Department of Human Services] state may proceed on behalf of the obligee or in its own behalf,
21 pursuant to the provisions of Title 62A, Chapter 11, Recovery Services, to enforce that right of
22 support against the obligor.
23 (b) The provisions of Title 62A, Chapter 11, Recovery Services, apply in all actions by
24 the [department] state.
25 (c) Whenever the [department] state commences an action under this chapter, it shall be
26 the duty of the attorney general or the county attorney of the county where the obligee resides to
27 represent the [department] state. Neither the attorney general nor the county attorney represents
28 or has an attorney-client relationship with the obligee or the obligor, in carrying out his
29 responsibilities under this chapter.
30 (3) Upon motion by a party, the court shall issue a temporary order in a paternity action
31 to require the payment of child support pending a determination of paternity if there is clear and

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1 convincing evidence of paternity in the form of genetic test results under Section 78-45a-7 or
2 78-45a-10, or other evidence.
3 [(3)] (4) The court may enter an order awarding costs, attorney fees, and witness fees in
4 the manner prescribed by Section 30-3-3 upon a judgment or acknowledgment of paternity.
5 [(4) The provisions of] (5) Rule 55, Default Judgment, Utah Rules of Civil Procedure,
6 [apply] applies to paternity actions commenced under this chapter.
7 Section 76. Section 78-45a-6.5 is amended to read:
8 78-45a-6.5. Standard of proof.
9 [(1) Either party to an action commenced under this chapter may demand a jury trial to
10 determine paternity.]
11 [(2) (a) The procedure and law governing a trial by jury under this chapter is the same as
12 for a civil jury trial in district court.]
13 [(b)] The standard of proof in a trial to determine paternity is "by a preponderance of the
14 evidence."
15 Section 77. Section 78-45a-7 is amended to read:
16 78-45a-7. Authority for genetic testing.
17 (1) Upon motion of any party to the action, made at a time so as not to delay the
18 proceedings unduly, the court shall order the mother, the child, and the alleged father to submit
19 to genetic testing if the request is supported by a sworn statement by the requesting party:
20 (a) alleging paternity and setting forth facts establishing a reasonable possibility of the
21 requisite sexual contact between the parties; or
22 (b) denying paternity and setting forth facts establishing a reasonable possibility of the
23 nonexistence of sexual contact between the parties.
24 (2) The court may, upon its own initiative [or upon request made by or on behalf of any
25 person whose blood is involved], order the mother, the child, and the alleged father to submit to
26 genetic testing.
27 (3) (a) The court shall order genetic testing:
28 (i) of a type generally acknowledged as reliable by accreditation bodies designated by the
29 federal Secretary of Health and Human Services; and
30 (ii) to be performed by a laboratory approved by such an accreditation body.
31 (b) Except as provided in Subsection (6), the cost of genetic testing shall be paid by the

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1 party who requested it or shared between the parties if requested by the court, subject to
2 recoupment against the party who challenges the existence or nonexistence of paternity if the result
3 of the genetic test is contrary to the position of the challenger.
4 (4) Upon request by a party, a court may order a second genetic test that complies with
5 Subsection (3) if paid for in advance by the requesting party and requested within 15 days of the
6 result of the first genetic test being sent to the last-known address on file under Section 78-45a-2.
7 [(3)] (5) If any party refuses to submit to [those tests] genetic testing, the court may resolve
8 the question of paternity against that party, or may enforce its order if the rights of others and the
9 interests of justice so require.
10 (6) The office may request genetic testing under this section and shall pay for genetic
11 testing it requests subject to recoupment as provided in Section 62A-11-304.1.
12 Section 78. Section 78-45a-10 is repealed and reenacted to read:
13 78-45a-10. Effect of genetic test results.
14 (1) Genetic test results shall be admissible as evidence of paternity without the need for
15 foundation testimony or other proof of authenticity or accuracy if:
16 (a) of a type generally acknowledged as reliable by accreditation bodies designated by the
17 federal Secretary of Health and Human Services;
18 (b) performed by a laboratory approved by such an accreditation body; and
19 (c) not objected to with particularity and in writing within 15 days after the written test
20 results being sent to the parties.
21 (2) (a) Upon a motion of a party, a court may receive testimony from genetic testing
22 experts and others involved in conducting the genetic tests if the testimony:
23 (i) is based on a genetic test performed in accordance with Subsection 78-45a-7(3)(a) or
24 78-45a-7(4); and
25 (ii) is useful to the court in determining paternity.
26 (b) Unless a party objects with particularity and in writing within 15 days after the written
27 test results are sent to the last-known address of that party on file under Section 78-45a-2,
28 testimony received under Subsection (2)(a) shall be in affidavit form.
29 (3) (a) A man is presumed to be the natural father of a child if genetic testing results in a
30 paternity index of at least 150.
31 (b) A presumption under Subsection (3)(a) may only be rebutted by a second genetic test:

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1 (i) that complies with Subsection 78-45a-7(4); and
2 (ii) results in an exclusion.
3 (4) If a presumption of paternity established under Subsection (1) is not rebutted by a
4 second genetic test under Subsection (2), the court shall issue an order establishing paternity.
5 (5) Bills for pregnancy, childbirth, and genetic testing are admissible as evidence without
6 requiring third-party foundation testimony and shall constitute prima facie evidence of amounts
7 incurred for such services or for testing on behalf of the child.
8 Section 79. Section 78-45a-11.5 is enacted to read:
9 78-45a-11.5. Social security number in court records.
10 The social security number of any individual who is subject to a paternity determination
11 shall be placed in the records relating to the matter.
12 Section 80. Section 78-45e-2 is amended to read:
13 78-45e-2. Voluntary declaration of paternity.
14 (1) (a) A voluntary declaration of paternity filed in compliance with this chapter
15 establishes a father-child relationship identical to the relationship established when a child is born
16 to persons married to each other.
17 (b) When a voluntary declaration of paternity is filed, the liabilities of the father include,
18 but are not limited to, the reasonable expense of the mother's pregnancy and confinement and for
19 the education, necessary support, and any funeral expenses for the child.
20 (c) When a father voluntarily declares paternity, his liability for past amounts due is
21 limited to a period of four years immediately preceding the date that the voluntary declaration of
22 paternity was filed.
23 (2) When a voluntary declaration of paternity is filed it shall be recognized as a basis for
24 a child support order without any further requirement or proceeding regarding the establishment
25 of paternity.
26 (3) The voluntary declaration of paternity may be completed and signed any time after the
27 birth of the child. A voluntary declaration of paternity may not be executed or filed after consent
28 to or relinquishment for adoption has been signed.
29 (4) The voluntary declaration of paternity shall become an amendment to the original birth
30 certificate. The original certificate and the declaration shall be marked so as to be distinguishable.
31 The declaration may be included as part of subsequently issued certified copies of the birth

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1 certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
2 information and the date of amendment only.
3 (5) The voluntary declaration of paternity shall be in the form prescribed by the state
4 registrar of vital statistics and shall be accompanied with an explanation of the alternatives to, the
5 legal consequences of, and the rights and responsibilities that arise from signing the declaration.
6 (6) The social security number of any person who is subject to a voluntary declaration of
7 paternity shall be placed in the records relating to the matter.
8 Section 81. Section 78-45e-3 is amended to read:
9 78-45e-3. Requirements for filing.
10 A voluntary declaration of paternity may not be filed with the state registrar unless the
11 declaration:
12 (1) is signed by the birth mother and biological father, and by the legal guardian or a
13 parent of a biological father who is under 18 years of age; [and]
14 (2) includes a jurat, as defined in Section 46-1-2, for the biological mother and father, and
15 an acknowledgment, as defined in Section 46-1-2 for a guardian or parent who may be required
16 to sign the declaration[.]; and
17 (3) the mother and alleged father have been given notice, orally and in writing, of the
18 alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing
19 the declaration.
20 Section 82. Section 78-45e-4 is amended to read:
21 78-45e-4. Rescission of the declaration.
22 [(1) (a) A voluntary declaration of paternity may be rescinded by order of a court of
23 competent jurisdiction within 24 months after it was executed only:]
24 [(i) upon a showing by a preponderance of evidence that the child is not the natural issue
25 of the declared father; and]
26 [(ii) if neither declarant has relinquished the child for adoption or terminated parental
27 rights.]
28 [(b) After the 24 month time period described in Subsection (a) has expired, a voluntary
29 declaration of paternity becomes a conclusive presumption of paternity.]
30 (1) A signed voluntary declaration of paternity is a legal finding of paternity, subject to
31 the right of any signatory to rescind the acknowledgment within the earlier of:

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1 (a) 60 days of signing; or
2 (b) the date of an administrative or judicial proceeding relating to the child, including a
3 proceeding to establish a support order, in which the signatory is a party.
4 (2) (a) After the period referred to in Subsection (1), a signed voluntary declaration of
5 paternity may be challenged in court only on the grounds of fraud, duress, or material mistake of
6 fact, with the burden of proof on the challenger.
7 (b) The legal responsibilities, including child support, of any signatory arising from the
8 declaration may not be suspended during a challenge under Subsection (2)(a), except for good
9 cause shown.
10 [(2)] (3) In determining whether to rescind the declaration the court has the same authority
11 and obligation with regard to genetic testing as is provided in Section 78-45a-7.
12 [(3)] (4) A child support order based on the voluntary declaration of paternity remains in
13 effect during the pendency of any proceeding under this section, and until a final order of the court
14 rescinding the voluntary declaration.
15 [(4)] (5) If the declaration is rescinded, the declarant father may not recover any child
16 support he provided for the child before entry of the order of rescission.
17 Section 83. Section 78-45f-100, which is renumbered from Section 77-31a-100 is
18 renumbered and amended to read:
19 CHAPTER 45f. UNIFORM INTERSTATE FAMILY SUPPORT ACT
20 Part 1. General Provisions
21 [77-31a-100]. 78-45f-100. Title.
22 This chapter is known as the "Uniform Interstate Family Support Act."
23 Section 84. Section 78-45f-101, which is renumbered from Section 77-31a-101 is
24 renumbered and amended to read:
25 [77-31a-101]. 78-45f-101. Definitions.
26 In this chapter:
27 (1) "Child" means an individual, whether over or under the age of majority, who is or is
28 alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the
29 beneficiary of a support order directed to the parent.
30 (2) "Child support order" means a support order for a child, including a child who has
31 attained the age of majority under the law of the issuing state.

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1 (3) "Duty of support" means an obligation imposed or imposable by law to provide support
2 for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
3 (4) "Home state" means the state in which a child lived with a parent or a person acting
4 as parent for at least six consecutive months immediately preceding the time of filing of a petition
5 or comparable pleading for support and, if a child is less than six months old, the state in which
6 the child lived from birth with any of them. A period of temporary absence of any of them is
7 counted as part of the six-month or other period.
8 (5) "Income" includes earnings or other periodic entitlements to money from any source
9 and any other property subject to withholding for support under the law of this state.
10 (6) "Income-withholding order" means an order or notice directed to an obligor's employer
11 directing the employer to withhold support from the income of the obligor in accordance with Title
12 62A, Chapter 11, Part 4[, Income Withholding] or Part 5.
13 (7) "Initiating state" means a state [in] from which a proceeding is forwarded or in which
14 a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure
15 substantially similar to this chapter [or Title 77, Chapter 31], the Uniform Reciprocal Enforcement
16 of Support Act, [is filed for forwarding to a responding state] or the Revised Uniform Reciprocal
17 Enforcement of Support Act.
18 (8) "Initiating tribunal" means the authorized tribunal in an initiating state.
19 (9) "Issuing state" means the state in which a tribunal issues a support order or renders a
20 judgment determining parentage.
21 (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment
22 determining parentage.
23 (11) "Law" includes decisional and statutory law and rules and regulations having the
24 force of law.
25 (12) "Obligee" means:
26 (a) an individual to whom a duty of support is or is alleged to be owed or in whose favor
27 a support order has been issued or a judgment determining parentage has been rendered;
28 (b) a state or political subdivision to which the rights under a duty of support or support
29 order have been assigned or which has independent claims based on financial assistance provided
30 to an individual obligee; or
31 (c) an individual seeking a judgment determining parentage of the individual's child.

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1 (13) "Obligor" means an individual, or the estate of a decedent who:
2 (a) owes or is alleged to owe a duty of support;
3 (b) is alleged but has not been adjudicated to be a parent of a child; or
4 (c) is liable under a support order.
5 (14) "Register" means to file a support order or judgment determining parentage in the
6 district court.
7 (15) "Registering tribunal" means a tribunal in which a support order is registered.
8 (16) "Responding state" means a state [to] in which a proceeding is filed or to which a
9 proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure
10 substantially similar to this chapter [or Title 77, Chapter 31], the Uniform Reciprocal Enforcement
11 of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
12 (17) "Responding tribunal" means the authorized tribunal in a responding state.
13 (18) "Spousal-support order" means a support order for a spouse or former spouse of the
14 obligor.
15 (19) "State" means a state of the United States, the District of Columbia, [the
16 Commonwealth of] Puerto Rico, the United States Virgin Islands, or any territory or insular
17 possession subject to the jurisdiction of the United States. The term ["state"] includes an Indian
18 tribe and [includes] a foreign jurisdiction that has enacted a law or established procedures for
19 issuance and enforcement of support orders which are substantially similar to the procedures under
20 this chapter.
21 (20) "Support enforcement agency" means a public official or agency authorized to seek:
22 (a) enforcement of support orders or laws relating to the duty of support;
23 (b) establishment or modification of child support;
24 (c) determination of parentage; or
25 (d) to locate obligors or their assets.
26 (21) "Support order" means a judgment, decree, or order, whether temporary, final, or
27 subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for
28 monetary support, health care, arrearages, or reimbursement, and may include related costs and
29 fees, interest, income withholding, attorney's fees, and other relief.
30 (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized
31 to establish, enforce, or modify support orders or to determine parentage.

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1 Section 85. Section 78-45f-102, which is renumbered from Section 77-31a-102 is
2 renumbered and amended to read:
3 [77-31a-102]. 78-45f-102. Tribunal of state.
4 The district court and the Department of Human Services are the tribunals of this state.
5 Section 86. Section 78-45f-103, which is renumbered from Section 77-31a-103 is
6 renumbered and amended to read:
7 [77-31a-103]. 78-45f-103. Remedies cumulative.
8 Remedies provided by this chapter are cumulative and do not affect the availability of
9 remedies under other law.
10 Section 87. Section 78-45f-201, which is renumbered from Section 77-31a-201 is
11 renumbered and amended to read:
12 Part 2. Jurisdiction
13 [77-31a-201]. 78-45f-201. Bases for jurisdiction over nonresident.
14 In a proceeding to establish, enforce, or modify a support order or to determine parentage,
15 a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the
16 individual's guardian or conservator, if:
17 (1) the individual is personally served with notice within this state;
18 (2) the individual submits to the jurisdiction of this state by consent, by entering a general
19 appearance, or by filing a responsive document having the effect of waiving any contest to
20 personal jurisdiction;
21 (3) the individual resided with the child in this state;
22 (4) the individual resided in this state and provided prenatal expenses or support for the
23 child;
24 (5) the child resides in this state as a result of the acts or directives of the individual;
25 (6) the individual engaged in sexual intercourse in this state and the child may have been
26 conceived by that act of intercourse;
27 (7) the individual asserted parentage in the putative father registry maintained in this state
28 by the state registrar of vital records in the Department of Health pursuant to Title 78, Chapter 30,
29 Adoption; or
30 (8) there is any other basis consistent with the constitutions of this state and the United
31 States for the exercise of personal jurisdiction.

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1 Section 88. Section 78-45f-202, which is renumbered from Section 77-31a-202 is
2 renumbered and amended to read:
3 [77-31a-202]. 78-45f-202. Procedure when exercising jurisdiction over
4 nonresident.
5 A tribunal of this state exercising personal jurisdiction over a nonresident under Section
6 [77-31a-201] 78-45f-201 may apply Section [77-31a-316] 78-45f-316 to receive evidence from
7 another state, and Section [77-31a-318] 78-45-318 to obtain discovery through a tribunal of
8 another state. In all other respects, Parts 3, 4, 5, 6, and 7 do not apply and the tribunal shall apply
9 the procedural and substantive law of this state, including the rules on choice of law other than
10 those established by this chapter.
11 Section 89. Section 78-45f-203, which is renumbered from Section 77-31a-203 is
12 renumbered and amended to read:
13 [77-31a-203]. 78-45f-203. Initiating and responding tribunal of state.
14 Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward
15 proceedings to another state and as a responding tribunal for proceedings initiated in another state.
16 Section 90. Section 78-45f-204, which is renumbered from Section 77-31a-204 is
17 renumbered and amended to read:
18 [77-31a-204]. 78-45f-204. Simultaneous proceedings in another state.
19 (1) A tribunal of this state may exercise jurisdiction to establish a support order if the
20 petition is filed after a petition or comparable pleading is filed in another state only:
21 (a) if the petition in this state is filed before the expiration of the time allowed in the other
22 state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
23 (b) if the contesting party timely challenges the exercise of jurisdiction in the other state;
24 and
25 (c) if relevant, this state is the home state of the child.
26 (2) A tribunal of this state may not exercise jurisdiction to establish a support order if the
27 petition is filed before a petition or comparable pleading is filed in another state:
28 (a) if the petition or comparable pleading in the other state is filed before the expiration
29 of the time allowed in this state for filing a responsive pleading challenging the exercise of
30 jurisdiction by this state;
31 (b) if the contesting party timely challenges the exercise of jurisdiction in this state; and

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1 (c) if relevant, the other state is the home state of the child.
2 Section 91. Section 78-45f-205, which is renumbered from Section 77-31a-205 is
3 renumbered and amended to read:
4 [77-31a-205]. 78-45f-205. Continuing, exclusive jurisdiction.
5 (1) A tribunal of this state issuing a support order consistent with the law of this state has
6 continuing, exclusive jurisdiction over a child support order:
7 (a) as long as this state remains the residence of the obligor, the individual obligee, or the
8 child for whose benefit the support order is issued; or
9 (b) until [each individual party has] all of the parties who are individuals have filed written
10 [consent] consents with the tribunal of this state for a tribunal of another state to modify the order
11 and assume continuing, exclusive jurisdiction.
12 (2) A tribunal of this state issuing a child support order consistent with the law of this state
13 may not exercise its continuing jurisdiction to modify the order if the order has been modified by
14 a tribunal of another state pursuant to a law substantially similar to this chapter.
15 (3) If a child support order of this state is modified by a tribunal of another state pursuant
16 to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive
17 jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:
18 (a) enforce the order that was modified as to amounts accruing before the modification;
19 (b) enforce nonmodifiable aspects of that order; and
20 (c) provide other appropriate relief for violations of that order which occurred before the
21 effective date of the modification.
22 (4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
23 tribunal of another state which has issued a child support order pursuant to a law substantially
24 similar to this chapter.
25 (5) A temporary support order issued ex parte or pending resolution of a jurisdictional
26 conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
27 (6) A tribunal of this state issuing a support order consistent with the law of this state has
28 continuing, exclusive jurisdiction over a spousal support order throughout the existence of the
29 support obligation. A tribunal of this state may not modify a spousal support order issued by a
30 tribunal of another state having continuing, exclusive jurisdiction over that order under the law of
31 that state.

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1 Section 92. Section 78-45f-206, which is renumbered from Section 77-31a-206 is
2 renumbered and amended to read:
3 [77-31a-206]. 78-45f-206. Enforcement and modification of support order by
4 tribunal having continuing jurisdiction.
5 (1) A tribunal of this state may serve as an initiating tribunal to request a tribunal of
6 another state to enforce or modify a support order issued in that state.
7 (2) A tribunal of this state having continuing, exclusive jurisdiction over a support order
8 may act as a responding tribunal to enforce or modify the order. If a party subject to the
9 continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in
10 subsequent proceedings the tribunal may apply Section [77-31a-316] 78-45f-316 to receive
11 evidence from another state and Section [77-31a-318] 78-45f-318 to obtain discovery through a
12 tribunal of another state.
13 (3) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal
14 support order may not serve as a responding tribunal to modify a spousal support order of another
15 state.
16 Section 93. Section 78-45f-207, which is renumbered from Section 77-31a-207 is
17 renumbered and amended to read:
18 [77-31a-207]. 78-45f-207. Recognition of controlling child support order.
19 [(1) If a proceeding is brought under this chapter, and one or more child support orders
20 have been issued in this or another state with regard to an obligor and a child, a tribunal of this
21 state shall apply the following rules in determining which order to recognize for purposes of
22 continuing, exclusive jurisdiction.]
23 [(a) If only one tribunal has issued a child support order, the order of that tribunal must
24 be recognized.]
25 [(b) If two or more tribunals have issued child support orders for the same obligor and
26 child, and only one of the tribunals would have continuing, exclusive jurisdiction under this
27 chapter, the order of that tribunal must be recognized.]
28 [(c) If two or more tribunals have issued child support orders for the same obligor and
29 child, and more than one of the tribunals would have continuing, exclusive jurisdiction under this
30 chapter, an order issued by a tribunal in the current home state of the child must be recognized, but
31 if an order has not been issued in the current home state of the child, the order most recently issued

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1 must be recognized.]
2 [(d) If two or more tribunals have issued child support orders for the same obligor and
3 child, and none of the tribunals would have continuing, exclusive jurisdiction under this chapter,
4 the tribunal of this state may issue a child support order, which must be recognized.]
5 [(2) The tribunal that has issued an order recognized under Subsection (1) is the tribunal
6 having continuing, exclusive jurisdiction.]
7 (1) If a proceeding is brought under this chapter and only one tribunal has issued a child
8 support order, the order of that tribunal controls and must be so recognized.
9 (2) If a proceeding is brought under this chapter, and two or more child support orders
10 have been issued by tribunals of this state or another state with regard to the same obligor and
11 child, a tribunal of this state shall apply the following rules in determining which order to
12 recognize for purposes of continuing, exclusive jurisdiction:
13 (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this
14 chapter, the order of that tribunal controls and must be so recognized.
15 (b) If more than one of the tribunals would have continuing, exclusive jurisdiction under
16 this chapter, an order issued by a tribunal in the current home state of the child controls and must
17 be so recognized, but if an order has not been issued in the current home state of the child, the
18 order most recently issued controls and must be so recognized.
19 (c) If none of the tribunals would have continuing, exclusive jurisdiction under this
20 chapter, the tribunal of this state having jurisdiction over the parties shall issue a child support
21 order, which controls and must be so recognized.
22 (3) If two or more child support orders have been issued for the same obligor and child and
23 if the obligor or the individual obligee resides in this state, a party may request a tribunal of this
24 state to determine which order controls and must be so recognized under Subsection (2). The
25 request must be accompanied by a certified copy of every support order in effect. The requesting
26 party shall give notice of the request to each party whose rights may be affected by the
27 determination.
28 (4) The tribunal that issued the controlling order under Subsection (1), (2), or (3) is the
29 tribunal that has continuing, exclusive jurisdiction under Section 78-45f-205.
30 (5) A tribunal of this state which determines by order the identity of the controlling order
31 under Subsection (2)(a) or (b) or which issues a new controlling order under Subsection (2)(c)

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1 shall state in that order the basis upon which the tribunal made its determination.
2 (6) Within 30 days after issuance of an order determining the identity of the controlling
3 order, the party obtaining the order shall file a certified copy of it with each tribunal that issued
4 or registered an earlier order of child support. A party who obtains the order and fails to file a
5 certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file
6 arises. The failure to file does not affect the validity or enforceability of the controlling order.
7 Section 94. Section 78-45f-208, which is renumbered from Section 77-31a-208 is
8 renumbered and amended to read:
9 [77-31a-208]. 78-45f-208. Multiple child support orders for two or more
10 obligees.
11 In responding to multiple registrations or petitions for enforcement of two or more child
12 support orders in effect at the same time with regard to the same obligor and different individual
13 obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall
14 enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of
15 this state.
16 Section 95. Section 78-45f-209, which is renumbered from Section 77-31a-209 is
17 renumbered and amended to read:
18 [77-31a-209]. 78-45f-209. Credit for payments.
19 Amounts collected and credited for a particular period pursuant to a support order issued
20 by a tribunal of another state must be credited against the amounts accruing or accrued for the
21 same period under a support order issued by the tribunal of this state.
22 Section 96. Section 78-45f-301, which is renumbered from Section 77-31a-301 is
23 renumbered and amended to read:
24 Part 3. Civil Provisions of General Application
25 [77-31a-301]. 78-45f-301. Proceedings under chapter.
26 (1) Except as otherwise provided in this chapter, this part applies to all proceedings under
27 this chapter.
28 (2) This chapter provides for the following proceedings:
29 (a) establishment of an order for spousal support or child support pursuant to Part 4;
30 (b) enforcement of a support order and income-withholding order of another state without
31 registration pursuant to Part 5;

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1 (c) registration of an order for spousal support or child support of another state for
2 enforcement pursuant to Part 6;
3 (d) modification of an order for child support or spousal support issued by a tribunal of
4 this state pursuant to Sections [77-31a-203, 77-31a-204, 77-31a-205,] 78-45f-203, 78-45f-204,
5 78-45f-205, and [77-31a-206] 78-45f-206;
6 (e) registration of an order for child support of another state for modification pursuant to
7 Part 6;
8 (f) determination of parentage pursuant to Part 7; and
9 (g) assertion of jurisdiction over nonresidents pursuant to Sections [77-31a-201]
10 78-45f-201 and [77-31a-202] 78-45f-202.
11 (3) An individual petitioner or a support enforcement agency may commence a proceeding
12 authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a
13 responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another
14 state which has or can obtain personal jurisdiction over the respondent.
15 Section 97. Section 78-45f-302, which is renumbered from Section 77-31a-302 is
16 renumbered and amended to read:
17 [77-31a-302]. 78-45f-302. Action by minor parent.
18 A minor parent, or a guardian or other legal representative of a minor parent, may maintain
19 a proceeding on behalf of or for the benefit of the minor's child.
20 Section 98. Section 78-45f-303, which is renumbered from Section 77-31a-303 is
21 renumbered and amended to read:
22 [77-31a-303]. 78-45f-303. Application of law of state.
23 Except as otherwise provided by this chapter, a responding tribunal of this state shall:
24 (1) apply the procedural and substantive law, including the rules on choice of law,
25 generally applicable to similar proceedings originating in this state and may exercise all powers
26 and provide all remedies available in those proceedings; and
27 (2) determine the duty of support and the amount payable in accordance with the law and
28 support guidelines of this state.
29 Section 99. Section 78-45f-304, which is renumbered from Section 77-31a-304 is
30 renumbered and amended to read:
31 [77-31a-304]. 78-45f-304. Duties of initiating tribunal.

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1 (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this
2 state shall forward three copies of the petition and its accompanying documents:
3 [(1)] (a) to the responding tribunal or appropriate support enforcement agency in the
4 responding state; or
5 [(2)] (b) if the identity of the responding tribunal is unknown, to the state information
6 agency of the responding state with a request that they be forwarded to the appropriate tribunal and
7 that receipt be acknowledged.
8 (2) If a responding state has not enacted this chapter or a law or procedure substantially
9 similar to this chapter, a tribunal of this state may issue a certificate or other document and make
10 findings required by the law of the responding state. If the responding state is a foreign
11 jurisdiction, the tribunal may specify the amount of support sought and provide the other
12 documents necessary to satisfy the requirements of the responding state.
13 Section 100. Section 78-45f-305, which is renumbered from Section 77-31a-305 is
14 renumbered and amended to read:
15 [77-31a-305]. 78-45f-305. Duties and powers of responding tribunal.
16 (1) When a responding tribunal of this state receives a petition or comparable pleading
17 from an initiating tribunal or directly pursuant to Subsection [77-31a-301(3)] 78-45f-301(2)(c),
18 it shall cause the petition or pleading to be filed and notify the petitioner [by first-class mail] where
19 and when it was filed.
20 (2) A responding tribunal of this state, to the extent otherwise authorized by law, may do
21 one or more of the following:
22 (a) issue or enforce a support order, modify a child support order, or render a judgment to
23 determine parentage;
24 (b) order an obligor to comply with a support order, specifying the amount and the manner
25 of compliance;
26 (c) order income withholding;
27 (d) determine the amount of any arrearages and specify a method of payment;
28 (e) enforce orders by civil or criminal contempt, or both;
29 (f) set aside property for satisfaction of the support order;
30 (g) place liens and order execution on the obligor's property;
31 (h) order an obligor to keep the tribunal informed of the obligor's current residential

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1 address, telephone number, employer, address of employment, and telephone number at the place
2 of employment;
3 (i) issue a bench warrant for an obligor who has failed after proper notice to appear at a
4 hearing ordered by the tribunal and enter the bench warrant in any local and state computer
5 systems for criminal warrants;
6 (j) order the obligor to seek appropriate employment by specified methods;
7 (k) award reasonable attorneys' fees and other fees and costs; and
8 (l) grant any other available remedy.
9 (3) A responding tribunal of this state shall include in a support order issued under this
10 chapter, or in the documents accompanying the order, the calculations on which the support order
11 is based.
12 (4) A responding tribunal of this state may not condition the payment of a support order
13 issued under this chapter upon compliance by a party with provisions for visitation.
14 (5) If a responding tribunal of this state issues an order under this chapter, the tribunal
15 shall send a copy of the order [by first-class mail] to the petitioner and the respondent and to the
16 initiating tribunal, if any.
17 Section 101. Section 78-45f-306, which is renumbered from Section 77-31a-306 is
18 renumbered and amended to read:
19 [77-31a-306]. 78-45f-306. Inappropriate tribunal.
20 If a petition or comparable pleading is received by an inappropriate tribunal of this state,
21 it shall forward the pleading and accompanying documents to an appropriate tribunal in this state
22 or another state and notify the petitioner [by first-class mail] where and when the pleading was
23 sent.
24 Section 102. Section 78-45f-307, which is renumbered from Section 77-31a-307 is
25 renumbered and amended to read:
26 [77-31a-307]. 78-45f-307. Duties of support enforcement agency.
27 (1) A support enforcement agency of this state, upon request, shall provide services to a
28 petitioner in a proceeding under this chapter.
29 (2) A support enforcement agency that is providing services to the petitioner as appropriate
30 shall:
31 (a) take all steps necessary to enable an appropriate tribunal in this state or another state

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1 to obtain jurisdiction over the respondent;
2 (b) request an appropriate tribunal to set a date, time, and place for a hearing;
3 (c) make a reasonable effort to obtain all relevant information, including information as
4 to income and property of the parties;
5 (d) within [two] ten days, exclusive of Saturdays, Sundays, and legal holidays, after receipt
6 of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice
7 [by first-class mail] to the petitioner;
8 (e) within [two] ten days, exclusive of Saturdays, Sundays, and legal holidays, after receipt
9 of a written communication from the respondent or the respondent's attorney, send a copy of the
10 communication [by first-class mail] to the petitioner; and
11 (f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
12 (3) This chapter does not create or negate a relationship of attorney and client or other
13 fiduciary relationship between a support enforcement agency or the attorney for the agency and
14 the individual being assisted by the agency.
15 Section 103. Section 78-45f-308, which is renumbered from Section 77-31a-308 is
16 renumbered and amended to read:
17 [77-31a-308]. 78-45f-308. Duty of attorney general.
18 If the attorney general determines that the support enforcement agency is neglecting or
19 refusing to provide services to an individual, the attorney general may order the agency to perform
20 its duties under this chapter or may provide those services directly to the individual.
21 Section 104. Section 78-45f-309, which is renumbered from Section 77-31a-309 is
22 renumbered and amended to read:
23 [77-31a-309]. 78-45f-309. Private counsel.
24 An individual may employ private counsel to represent the individual in proceedings
25 authorized by this chapter.
26 Section 105. Section 78-45f-310, which is renumbered from Section 77-31a-310 is
27 renumbered and amended to read:
28 [77-31a-310]. 78-45f-310. Duties of state information agency.
29 (1) The Office of Recovery Services is the state information agency under this chapter.
30 (2) The state information agency shall:
31 (a) compile and maintain a current list, including addresses, of the tribunals in this state

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1 which have jurisdiction under this chapter and any support enforcement agencies in this state and
2 transmit a copy to the state information agency of every other state;
3 (b) maintain a register of tribunals and support enforcement agencies received from other
4 states;
5 (c) forward to the appropriate tribunal in the place in this state in which the individual
6 obligee or the obligor resides, or in which the obligor's property is believed to be located, all
7 documents concerning a proceeding under this chapter received from an initiating tribunal or the
8 state information agency of the initiating state; and
9 (d) obtain information concerning the location of the obligor and the obligor's property
10 within this state not exempt from execution, by such means as postal verification and federal or
11 state locator services, examination of telephone directories, requests for the obligor's address from
12 employers, and examination of governmental records, including, to the extent not prohibited by
13 law, those relating to real property, vital records, law enforcement, taxation, motor vehicles,
14 driver's licenses, and Social Security number.
15 Section 106. Section 78-45f-311, which is renumbered from Section 77-31a-311 is
16 renumbered and amended to read:
17 [77-31a-311]. 78-45f-311. Pleadings and accompanying documents.
18 (1) A petitioner seeking to establish or modify a support order or to determine parentage
19 in a proceeding under this chapter must verify the petition. Unless otherwise ordered under
20 Section S [77-31a-312] 78-45f-312 s , the petition or accompanying documents must provide, so far as
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Amend on 2_goldenrod February 21, 1997 20a known, the
21 name, residential address, and Social Security numbers of the obligor and the obligee, and the
22 name, sex, residential address, Social Security number, and date of birth of each child for whom
23 support is sought. The petition must be accompanied by a certified copy of any support order in
24 effect. The petition may include any other information that may assist in locating or identifying
25 the respondent.
26 (2) The petition must specify the relief sought. The petition and accompanying documents
27 must conform substantially with the requirements imposed by the forms mandated by federal law
28 for use in cases filed by a support enforcement agency.
29 Section 107. Section 78-45f-312, which is renumbered from Section 77-31a-312 is
30 renumbered and amended to read:
31 [77-31a-312]. 78-45f-312. Nondisclosure of information in exceptional
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1 circumstances.
2 Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party
3 or child would be unreasonably put at risk by the disclosure of identifying information, or if an
4 existing order so provides, a tribunal shall order that the address of the child or party or other
5 identifying information not be disclosed in a pleading or other document filed in a proceeding
6 under this chapter.
7 Section 108. Section 78-45f-313, which is renumbered from Section 77-31a-313 is
8 renumbered and amended to read:
9 [77-31a-313]. 78-45f-313. Costs and fees.
10 (1) The petitioner may not be required to pay a filing fee or other costs.
11 (2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees,
12 reasonable attorneys' fees, other costs, and necessary travel and other reasonable expenses incurred
13 by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses
14 against the obligee or the support enforcement agency of either the initiating or the responding
15 state, except as provided by law. Attorney's fees may be taxed as costs, and may be ordered paid
16 directly to the attorney, who may enforce the order in the attorney's own name. Payment of
17 support owed to the obligee has priority over fees, costs, and expenses.
18 (3) The tribunal shall order the payment of costs and reasonable attorneys' fees if it
19 determines that a hearing was requested primarily for delay. In a proceeding under Part 6 a
20 hearing is presumed to have been requested primarily for delay if a registered support order is
21 confirmed or enforced without change.
22 Section 109. Section 78-45f-314, which is renumbered from Section 77-31a-314 is
23 renumbered and amended to read:
24 [77-31a-314]. 78-45f-314. Limited immunity of petitioner.
25 (1) Participation by a petitioner in a proceeding before a responding tribunal, whether in
26 person, by private attorney, or through services provided by the support enforcement agency, does
27 not confer personal jurisdiction over the petitioner in another proceeding.
28 (2) A petitioner is not amenable to service of civil process while physically present in this
29 state to participate in a proceeding under this chapter.
30 (3) The immunity granted by this section does not extend to civil litigation based on acts
31 unrelated to a proceeding under this chapter committed by a party while present in this state to

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1 participate in the proceeding.
2 Section 110. Section 78-45f-315, which is renumbered from Section 77-31a-315 is
3 renumbered and amended to read:
4 [77-31a-315]. 78-45f-315. Nonparentage as defense.
5 A party whose parentage of a child has been previously determined by or pursuant to law
6 may not plead nonparentage as a defense to a proceeding under this chapter.
7 Section 111. Section 78-45f-316 is enacted to read:
8 78-45f-316. Special rules of evidence and procedure.
9 (1) The physical presence of the petitioner in a responding tribunal of this state is not
10 required for the establishment, enforcement, or modification of a support order or the rendition of
11 a judgment determining parentage.
12 (2) A verified petition, affidavit, or document substantially complying with federally
13 mandated forms, and a document incorporated by reference in any of them, not excluded under the
14 hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness
15 residing in another state.
16 (3) A copy of the record of child support payments certified as a true copy of the original
17 by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence
18 of facts asserted in it and is admissible to show whether payments were made.
19 (4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of
20 the mother and child, furnished to the adverse party at least ten days before trial, are admissible
21 in evidence to prove the amount of the charges billed and that the charges were reasonable,
22 necessary, and customary.
23 (5) Documentary evidence transmitted from another state to a tribunal of this state by
24 telephone, telecopier, or other means that do not provide an original writing may not be excluded
25 from evidence on an objection based on the means of transmission.
26 (6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness
27 residing in another state to be deposed or to testify by telephone, audiovisual means, or other
28 electronic means at a designated tribunal or other location in that state. A tribunal of this state
29 shall cooperate with tribunals of other states in designating an appropriate location for the
30 deposition or testimony.
31 (7) If a party called to testify at a civil hearing refuses to answer on the ground that the

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1 testimony may be self-incriminating, the trier of fact may draw an adverse inference from the
2 refusal.
3 (8) A privilege against disclosure of communications between spouses does not apply in
4 a proceeding under this chapter.
5 (9) The defense of immunity based on the relationship of husband and wife or parent and
6 child does not apply in a proceeding under this chapter.
7 Section 112. Section 78-45f-317, which is renumbered from Section 77-31a-317 is
8 renumbered and amended to read:
9 [77-31a-317]. 78-45f-317. Communications between tribunals.
10 A tribunal of this state may communicate with a tribunal of another state in writing, or by
11 telephone or other means, to obtain information concerning the laws of that state, the legal effect
12 of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state.
13 A tribunal of this state may furnish similar information by similar means to a tribunal of another
14 state.
15 Section 113. Section 78-45f-318, which is renumbered from Section 77-31a-318 is
16 renumbered and amended to read:
17 [77-31a-318]. 78-45f-318. Assistance with discovery.
18 A tribunal of this state may:
19 (1) request a tribunal of another state to assist in obtaining discovery; and
20 (2) upon request, compel a person over whom it has jurisdiction to respond to a discovery
21 order issued by a tribunal of another state.
22 Section 114. Section 78-45f-319, which is renumbered from Section 77-31a-319 is
23 renumbered and amended to read:
24 [77-31a-319]. 78-45f-319. Receipt and disbursement of payments.
25 A support enforcement agency or tribunal of this state shall disburse promptly any amounts
26 received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish
27 to a requesting party or tribunal of another state a certified statement by the custodian of the record
28 of the amounts and dates of all payments received.
29 Section 115. Section 78-45f-401, which is renumbered from Section 77-31a-401 is
30 renumbered and amended to read:
31 Part 4. Establishment of Support Order

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1 [77-31a-401]. 78-45f-401. Petition to establish support order.
2 (1) If a support order entitled to recognition under this chapter has not been issued, a
3 responding tribunal of this state may issue a support order if:
4 (a) the individual seeking the order resides in another state; or
5 (b) the support enforcement agency seeking the order is located in another state.
6 (2) The tribunal may issue a temporary child support order if:
7 (a) the respondent has signed a verified statement acknowledging parentage;
8 (b) the respondent has been determined by or pursuant to law to be the parent; or
9 (c) there is other clear and convincing evidence that the respondent is the child's parent.
10 (3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
11 support, the tribunal shall issue a support order directed to the obligor and may issue other orders
Text Box

Amend on 2_goldenrod February 21, 1997 12 pursuant to Section S [77-31a-305] 78-45f-305 s .
13 Section 116. Section 78-45f-501, which is renumbered from Section 77-31a-501 is
14 renumbered and amended to read:
15 Part 5. Enforcement of Order of Another State Without Registration
16 [77-31a-501]. 78-45f-501. Employer's receipt of income-withholding order of
17 another state.
18 [(1)] An income-withholding order issued in another state may be sent [by first-class mail]
19 to the person or entity defined as the obligor's employer under Title 62A, Chapter 11, Part 4,
20 Income Withholding, without first filing a petition or comparable pleading or registering the order
21 with a tribunal of this state. [Upon receipt of the order, the employer shall:]
22 [(a) treat an income-withholding order issued in another state which appears regular on
23 its face as if it had been issued by a tribunal of this state;]
24 [(b) immediately provide a copy of the order to the obligor; and]
25 [(c) distribute the funds as directed in the withholding order.]
26 [(2) An obligor may contest the validity or enforcement of an income-withholding order
27 issued in another state in the same manner as if the order had been issued by a tribunal of this state.
28 Section 77-31a-604 applies to the contest. The obligor shall give notice of the contest to any
29 support enforcement agency providing services to the obligee and to:]
30 [(a) the person or agency designated to receive payments in the income-withholding order;
31 or]
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1 [(b) if no person or agency is designated, the obligee.]
2 Section 117. Section 78-45f-502 is enacted to read:
3 78-45f-502. Employers's compliance with income withholding of another state.
4 (1) Upon receipt of an income withholding order, the obligor's employer shall immediately
5 provide a copy of the order to the obligor.
6 (2) The employer shall treat an income withholding order issued in another state which
7 appears regular on its face as if it had been issued by a tribunal of this state.
8 (3) Except as otherwise provided in Subsection (4) and Section 78-45f-503, the employer
9 shall withhold and distribute the funds as directed in the withholding order by complying with
10 terms of the order which specify:
11 (a) the duration and amount of periodic payments of current child support, stated as a sum
12 certain;
13 (b) the person or agency designated to receive payments and the address to which the
14 payments are to be forwarded;
15 (c) medical support, whether in the form of periodic cash payment, stated as a sum certain,
16 or ordering the obligor to provide health insurance coverage for the child under a policy available
17 through the obligor's employment;
18 (d) the amount of periodic payments of fees and costs for a support enforcement agency,
19 the issuing tribunal, and the obligee's attorney, stated as sums certain; and
20 (e) the amount of periodic payments of arrearages and interest on arrearages, stated as
21 sums certain.
22 (4) An employer shall comply with the law of the state of the obligor's principal place of
23 employment for withholding form income with respect to:
24 (a) the employer's fee for processing an income withholding order;
25 (b) the maximum amount permitted to be withheld from the obligor's income; and
26 (c) the times within which the employer must implement the withholding order and
27 forward the child support payment.
28 Section 118. Section 78-45f-503 is enacted to read:
29 78-45f-503. Compliance with multiple income withholding orders.
30 If an obligor's employer receives multiple income withholding orders with respect to the
31 earnings of the same obligor, the employer satisfies the terms of the multiple orders if the

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1 employer complies with the law of the state of the obligor's principal place of employment to
2 establish the priorities for the withholding and allocating income withheld for multiple child
3 support obligees.
4 Section 119. Section 78-45f-504 is enacted to read:
5 78-45f-504. Immunity from civil liability.
6 An employer who complies with an income withholding order issued in another state in
7 accordance with this part is not subject to civil liability to an individual or agency with regard to
8 the employer's withholding of child support from the obligor's income.
9 Section 120. Section 78-45f-505 is enacted to read:
10 78-45f-505. Penalties for noncompliance.
11 An employer who willfully fails to comply with an income withholding order issued by
12 another state and received for enforcement is subject to the same penalties that may be imposed
13 for noncompliance with an order issued by a tribunal of this state.
14 Section 121. Section 78-45f-506 is enacted to read:
15 78-45f-506. Contest by obligor.
16 (1) An obligor may contest the validity or enforcement of an income withholding order
17 issued in another state and received directly by an employer in this state in the same manner as if
18 the order had been issued by a tribunal of this state. Section 78-45f-604 applies to the contest.
19 (2) The obligor shall give notice of the contest to:
20 (a) a support enforcement agency providing services to the obligee;
21 (b) each employer that has directly received an income withholding order; and
22 (c) the person or agency designated to receive payments in the income withholding order
23 or if no person or agency is designated, to the obligee.
24 Section 122. Section 78-45f-507, which is renumbered from Section 77-31a-502 is
25 renumbered and amended to read:
26 [77-31a-502]. 78-45f-507. Administrative enforcement of orders.
27 (1) A party seeking to enforce a support order or an income-withholding order, or both,
28 issued by a tribunal of another state may send the documents required for registering the order to
29 a support enforcement agency of this state.
30 (2) Upon receipt of the documents, the support enforcement agency, without initially
31 seeking to register the order, shall consider and, if appropriate, use any administrative procedure

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1 authorized by the law of this state to enforce a support order or an income-withholding order, or
2 both. If the obligor does not contest administrative enforcement, the order need not be registered.
3 If the obligor contests the validity or administrative enforcement of the order, the support
4 enforcement agency shall register the order pursuant to this chapter.
5 Section 123. Section 78-45f-601, which is renumbered from Section 77-31a-601 is
6 renumbered and amended to read:
7 Part 6. Enforcement and Modification of Support Order After Registration
8 [77-31a-601]. 78-45f-601. Registration of order for enforcement.
9 A support order or an income-withholding order issued by a tribunal of another state may
10 be registered in this state for enforcement.
11 Section 124. Section 78-45f-602, which is renumbered from Section 77-31a-602 is
12 renumbered and amended to read:
13 [77-31a-602]. 78-45f-602. Procedure to register order for enforcement.
14 (1) A support order or income-withholding order of another state may be registered in this
15 state by sending the following documents and information to the [district court] appropriate
16 tribunal in this state:
17 (a) a letter of transmittal to the tribunal requesting registration and enforcement;
18 (b) two copies, including one certified copy, of all orders to be registered, including any
19 modification of an order;
20 (c) a sworn statement by the party seeking registration or a certified statement by the
21 custodian of the records showing the amount of any arrearage;
22 (d) the name of the obligor and, if known:
23 (i) the obligor's address and Social Security number;
24 (ii) the name and address of the obligor's employer and any other source of income of the
25 obligor; and
26 (iii) a description and the location of property of the obligor in this state not exempt from
27 execution; and
28 (e) the name and address of the obligee and, if applicable, the agency or person to whom
29 support payments are to be remitted.
30 (2) On receipt of a request for registration, the registering tribunal shall cause the order to
31 be filed as a foreign judgment, together with one copy of the documents and information,

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1 regardless of their form.
2 (3) A petition seeking a remedy that must be affirmatively sought under law of this state
3 may be filed at the same time as the request for registration or later. The pleading must specify
4 the grounds for the remedy sought.
5 Section 125. Section 78-45f-603, which is renumbered from Section 77-31a-603 is
6 renumbered and amended to read:
7 [77-31a-603]. 78-45f-603. Effect of registration for enforcement.
8 (1) A support order or income-withholding order issued in another state is registered when
9 the order is filed in the registering tribunal of this state.
10 (2) A registered order issued in another state is enforceable in the same manner and is
11 subject to the same procedures as an order issued by a tribunal of this state.
12 (3) Except as otherwise provided in this part, a tribunal of this state shall recognize and
13 enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
14 Section 126. Section 78-45f-604, which is renumbered from Section 77-31a-604 is
15 renumbered and amended to read:
16 [77-31a-604]. 78-45f-604. Choice of law.
17 (1) The law of the issuing state governs the nature, extent, amount, and duration of current
18 payments and other obligations of support and the payment of arrearages under the order.
19 (2) In a proceeding for arrearages, the statute of limitation under the laws of this state or
20 of the issuing state, whichever is longer, applies.
21 Section 127. Section 78-45f-605, which is renumbered from Section 77-31a-605 is
22 renumbered and amended to read:
23 [77-31a-605]. 78-45f-605. Notice of registration of order.
24 (1) When a support order or income-withholding order issued in another state is registered,
25 the registering tribunal shall notify the nonregistering party. [Notice must be given by first-class,
26 certified, or registered mail or by any means of personal service authorized by the law of this
27 state.] The notice must be accompanied by a copy of the registered order and the documents and
28 relevant information accompanying the order.
29 (2) The notice must inform the nonregistering party:
30 (a) that a registered order is enforceable as of the date of registration in the same manner
31 as an order issued by a tribunal of this state;

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1 (b) that a hearing to contest the validity or enforcement of the registered order must be
2 requested within 20 days after [the date of mailing or personal service of the] notice;
3 (c) that failure to contest the validity or enforcement of the registered order in a timely
4 manner will result in confirmation of the order and enforcement of the order and the alleged
5 arrearages and precludes further contest of that order with respect to any matter that could have
6 been asserted; and
7 (d) of the amount of any alleged arrearages.
8 (3) Upon registration of an income-withholding order for enforcement, the registering
9 tribunal shall notify the obligor's employer pursuant to Title 62A, Chapter 11, Part 4, Income
10 Withholding.
11 Section 128. Section 78-45f-606, which is renumbered from Section 77-31a-606 is
12 renumbered and amended to read:
13 [77-31a-606]. 78-45f-606. Procedure to contest validity or enforcement of
14 registered order.
15 (1) A nonregistering party seeking to contest the validity or enforcement of a registered
16 order in this state shall request a hearing within 20 days after [the date of mailing or personal
17 service of] notice of the registration. The nonregistering party may seek to vacate the registration,
18 to assert any defense to an allegation of noncompliance with the registered order, or to contest the
19 remedies being sought or the amount of any alleged arrearages pursuant to [Section 77-31a-607]
20 this section.
21 (2) If the nonregistering party fails to contest the validity or enforcement of the registered
22 order in a timely manner, the order is confirmed by operation of law.
23 (3) If a nonregistering party requests a hearing to contest the validity or enforcement of
24 the registered order, the registering tribunal shall schedule the matter for hearing and give notice
25 to the parties [by first-class mail] of the date, time, and place of the hearing.
26 Section 129. Section 78-45f-607, which is renumbered from Section 77-31a-607 is
27 renumbered and amended to read:
28 [77-31a-607]. 78-45f-607. Contest of registration or enforcement.
29 (1) A party contesting the validity or enforcement of a registered order or seeking to vacate
30 the registration has the burden of proving one or more of the following defenses:
31 (a) the issuing tribunal lacked personal jurisdiction over the contesting party;

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1 (b) the order was obtained by fraud;
2 (c) the order has been vacated, suspended, or modified by a later order;
3 (d) the issuing tribunal has stayed the order pending appeal;
4 (e) there is a defense under the law of this state to the remedy sought;
5 (f) full or partial payment has been made; or
6 (g) the statute of limitation under Section [77-31a-604] 78-45f-604 precludes enforcement
7 of some or all of the arrearages.
8 (2) If a party presents evidence establishing a full or partial defense under Subsection (1),
9 a tribunal may stay enforcement of the registered order, continue the proceeding to permit
10 production of additional relevant evidence, and issue other appropriate orders. An uncontested
11 portion of the registered order may be enforced by all remedies available under the law of this
12 state.
13 (3) If the contesting party does not establish a defense under Subsection (1) to the validity
14 or enforcement of the order, the registering tribunal shall issue an order confirming the order.
15 Section 130. Section 78-45f-608, which is renumbered from Section 77-31a-608 is
16 renumbered and amended to read:
17 [77-31a-608]. 78-45f-608. Confirmed order.
18 Confirmation of a registered order, whether by operation of law or after notice and hearing,
19 precludes further contest of the order with respect to any matter that could have been asserted at
20 the time of registration.
21 Section 131. Section 78-45f-609, which is renumbered from Section 77-31a-609 is
22 renumbered and amended to read:
23 [77-31a-609]. 78-45f-609. Procedure to register child support order of another
24 state for modification.
25 A party or support enforcement agency seeking to modify, or to modify and enforce, a
26 child support order issued in another state shall register that order in this state in the same manner
27 provided in Sections [77-31a-601, 77-31a-602, 77-31a-603] 78-45f-601, 78-45f-602, 78-45f-603,
28 and [77-31a-604] 78-45-604 if the order has not been registered. A petition for modification may
29 be filed at the same time as a request for registration, or later. The pleading must specify the
30 grounds for modification.
31 Section 132. Section 78-45f-610, which is renumbered from Section 77-31a-610 is

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1 renumbered and amended to read:
2 [77-31a-610]. 78-45f-610. Effect of registration for modification.
3 A tribunal of this state may enforce a child support order of another state registered for
4 purposes of modification, in the same manner as if the order had been issued by a tribunal of this
5 state, but the registered order may be modified only if the requirements of Section [77-31a-611]
6 78-45f-611 have been met.
7 Section 133. Section 78-45f-611, which is renumbered from Section 77-31a-611 is
8 renumbered and amended to read:
9 [77-31a-611]. 78-45f-611. Modification of child support order of another state.
10 (1) After a child support order issued in another state has been registered in this state, the
11 responding tribunal of this state may modify that order only if[,] Section 78-45f-613 does not
12 apply and after notice and hearing[,] it finds that:
13 (a) the following requirements are met:
14 (i) the child, the individual obligee, and the obligor[: (A)] do not reside in the issuing
15 state; [and]
16 [(B) either reside in this state or are subject to the jurisdiction of this state pursuant to
17 Section 77-31a-201; and]
18 [(ii) in any case where another state is exercising or seeks to exercise jurisdiction to
19 modify the order, the conditions of Section 77-31a-204 are met to the same extent as required for
20 proceedings to establish orders; or]
21 (ii) a petitioner who is a nonresident of this state seeks modification; and
22 (iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
23 (b) [an individual party or] the child, or a party who is an individual, is subject to the
24 personal jurisdiction of the tribunal of this state and all of the [individual] parties who are
25 individuals have filed [a] written [consent] consents in the issuing tribunal [providing that] for a
26 tribunal of this state [may] to modify the support order and assume continuing, exclusive
27 jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not
28 enacted a law or established procedures substantially similar to the procedures under this chapter,
29 the consent otherwise required of an individual residing in this state is not required for the tribunal
30 to assume jurisdiction to modify the child support order.
31 (2) Modification of a registered child support order is subject to the same requirements,

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1 procedures, and defenses that apply to the modification of an order issued by a tribunal of this state
2 and the order may be enforced and satisfied in the same manner.
3 (3) A tribunal of this state may not modify any aspect of a child support order that may
4 not be modified under the law of the issuing state. If two or more tribunals have issued child
5 support orders for the same obligor and child, the order that controls and must be so recognized
6 under Section 78-45f-207 establishes the aspects of the support order which are nonmodifiable.
7 (4) On issuance of an order modifying a child support order issued in another state, a
8 tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
9 [(5) Within 30 days after issuance of a modified child support order, the party obtaining
10 the modification shall file a certified copy of the order with the issuing tribunal which had
11 continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party
12 knows that earlier order has been registered.]
13 Section 134. Section 78-45f-612, which is renumbered from Section 77-31a-612 is
14 renumbered and amended to read:
15 [77-31a-612]. 78-45f-612. Recognition of order modified in another state.
16 A tribunal of this state shall recognize a modification of its earlier child support order by
17 a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this
18 chapter and, upon request, except as otherwise provided in this chapter, shall:
19 (1) enforce the order that was modified only as to amounts accruing before the
20 modification;
21 (2) enforce only nonmodifiable aspects of that order;
22 (3) provide other appropriate relief only for violations of that order which occurred before
23 the effective date of the modification; and
24 (4) recognize the modifying order of the other state, upon registration, for the purpose of
25 enforcement.
26 Section 135. Section 78-45f-613 is enacted to read:
27 78-45f-613. Jurisdiction to modify child support order of another state when
28 individual parties reside in this state.
29 (1) If all of the parties who are individuals reside in this state and the child does not reside
30 in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing
31 state's child support order in a proceeding to register that order.

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1 (2) A tribunal of this state exercising jurisdiction under this section shall apply the
2 provisions of Parts 1 and 2, this part, and the procedural and substantive law of this state to the
3 proceeding for enforcement of modification. Parts 3, 4, 5, 7, and 8 do not apply.
4 Section 136. Section 78-45f-614 is enacted to read:
5 78-45f-614. Notice to issuing tribunal of modification.
6 Within 30 days after issuance of a modified child support order, the party obtaining the
7 modification shall file a certified copy of the order with the issuing tribunal that had continuing,
8 exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the
9 earlier order has been registered. A party who obtains the order and fails to file a certified copy
10 is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The
11 failure to file does not affect the validity or enforceability of the modified order of the new tribunal
12 having continuing, exclusive jurisdiction.
13 Section 137. Section 78-45f-701, which is renumbered from Section 77-31a-701 is
14 renumbered and amended to read:
15 Part 7. Determination of Parentage
16 [77-31a-701]. 78-45f-701. Proceeding to determine parentage.
17 (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding
18 brought under this chapter or a law substantially similar to this chapter or [Title 77, Chapter 31,]
19 the Uniform Reciprocal Enforcement of Support Act, to determine that the petitioner is a parent
20 of a particular child or to determine that a respondent is a parent of that child.
21 (2) In a proceeding to determine parentage, a responding tribunal of this state shall apply
22 Title 78, Chapter 45a, Uniform Act on Paternity, and the rules of this state on choice of law.
23 Section 138. Section 78-45f-801, which is renumbered from Section 77-31a-801 is
24 renumbered and amended to read:
25 Part 8. Interstate Rendition
26 [77-31a-801]. 78-45f-801. Grounds for rendition.
27 (1) For purposes of this part, "governor" includes an individual performing the functions
28 of governor or the executive authority of a state covered by this chapter.
29 (2) The governor of this state may:
30 (a) demand that the governor of another state surrender an individual found in the other
31 state who is charged criminally in this state with having failed to provide for the support of an

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1 obligee; or
2 (b) on the demand by the governor of another state, surrender an individual found in this
3 state who is charged criminally in the other state with having failed to provide for the support of
4 an obligee.
5 (3) A provision for extradition of individuals not inconsistent with this chapter applies to
6 the demand even if the individual whose surrender is demanded was not in the demanding state
7 when the crime was allegedly committed and has not fled therefrom.
8 Section 139. Section 78-45f-802, which is renumbered from Section 77-31a-802 is
9 renumbered and amended to read:
10 [77-31a-802]. 78-45f-802. Conditions of rendition.
11 (1) Before making demand that the governor of another state surrender an individual
12 charged criminally in this state with having failed to provide for the support of an obligee, the
13 governor of this state may require a prosecutor of this state to demonstrate that at least 60 days
14 previously the obligee had initiated proceedings for support pursuant to this chapter or that the
15 proceeding would be of no avail.
16 (2) If, under this chapter or a law substantially similar to this chapter or [Title 77, Chapter
17 31,] the Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a
18 demand that the governor of this state surrender an individual charged criminally in that state with
19 having failed to provide for the support of a child or other individual to whom a duty of support
20 is owed, the governor may require a prosecutor to investigate the demand and report whether a
21 proceeding for support has been initiated or would be effective. If it appears that a proceeding
22 would be effective but has not been initiated, the governor may delay honoring the demand for a
23 reasonable time to permit the initiation of a proceeding.
24 (3) If a proceeding for support has been initiated and the individual whose rendition is
25 demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and
26 the individual whose rendition is demanded is subject to a support order, the governor may decline
27 to honor the demand if the individual is complying with the support order.
28 Section 140. Section 78-45f-901, which is renumbered from Section 77-31a-901 is
29 renumbered and amended to read:
30 Part 9. Miscellaneous Provisions
31 [77-31a-901]. 78-45f-901. Uniformity of application and construction.

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1 This chapter shall be applied and construed to effectuate its general purpose to make
2 uniform the law with respect to the subject of this chapter among states enacting it.
3 Section 141. Repealer.
4 This act repeals:
5 Section 62A-11-304.3, Administrative order -- Basis.
6 Section 62A-11-309, Liens authorized -- Procedures.
7 Section 62A-11-311, Filing and docketing of final administrative orders -- Liens --
8 Execution.
9 Section 62A-11-311.1, Court order filed with office -- Garnishment or execution by
10 office -- Judgment.
11 Section 62A-11-312, Docketing of final order -- Issuance of writ of garnishment or
12 execution.
13 Section 62A-11-314, Execution on lien -- Notice -- Procedures.
14 Section 62A-11-315, Executed lien -- Rights of persons owning property.
15 Section 62A-11-404.5, Income withholding requirement -- Procedures for orders
16 entered or modified after October 13, 1990.
17 Section 62A-11-412, Income withholding regardless of residence of child or
18 jurisdiction in which order entered -- Governing law.
19 Section 77-31-1, Purposes.
20 Section 77-31-2, Definitions.
21 Section 77-31-3, Remedies additional to those now existing.
22 Section 77-31-4, Extent of duties of support.
23 Section 77-31-5, Interstate rendition.
24 Section 77-31-6, Conditions of interstate rendition.
25 Section 77-31-7, Choice of law.
26 Section 77-31-8, Remedies of state or political subdivision furnishing support.
27 Section 77-31-9, How duties of support enforced.
28 Section 77-31-10, Jurisdiction.
29 Section 77-31-11, Contents of petition for support.
30 Section 77-31-12, County attorney to represent petitioner.
31 Section 77-31-13, Petition for a minor.

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1 Section 77-31-14, Duty of court of this state as initiating state.
2 Section 77-31-15, Costs and fees.
3 Section 77-31-16, Jurisdiction by arrest.
4 Section 77-31-17, State information agency.
5 Section 77-31-18, Duty of court and county attorney of this state as responding state.
6 Section 77-31-19, Further duties of court and county attorney of this state as the
7 responding state.
8 Section 77-31-20, Procedure.
9 Section 77-31-21, Petitioner absent from responding state -- Continuance.
10 Section 77-31-22, Evidence of husband and wife.
11 Section 77-31-23, Rules of evidence.
12 Section 77-31-24, Order of support.
13 Section 77-31-25, Court of this state as responding state to transmit copies to initiating
14 state.
15 Section 77-31-26, Additional powers of court of this state as responding state.
16 Section 77-31-27, Additional duties of court of this state as responding state.
17 Section 77-31-28, Duty of department acting as initiating state to receive and disburse
18 payments.
19 Section 77-31-29, Proceedings not to be stayed.
20 Section 77-31-30, Application of payments.
21 Section 77-31-31, Effect of participation in proceeding.
22 Section 77-31-32, Foreign support orders -- Additional remedies.
23 Section 77-31-33, Registration of foreign support orders.
24 Section 77-31-34, Registry of foreign support orders maintained by clerk.
25 Section 77-31-35, Petition for registration of foreign support order.
26 Section 77-31-36, Jurisdiction and procedure.
27 Section 77-31-37, Effect of registration -- Enforcement procedure.
28 Section 77-31-38, Uniformity of interpretation.
29 Section 77-31-39, Citation -- Uniform Reciprocal Enforcement of Support Act.
30 Section 77-31a-203.5, Service of Process.
31 Section 78-25-18, Blood tests for child and alleged parents in civil actions and

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1 bastardy proceedings in which parentage is a relevant fact.
2 Section 78-25-19, Blood test -- Who to make.
3 Section 78-25-20, Examiner as witness.
4 Section 78-25-21, Admissibility of results in evidence.
5 Section 78-25-22, Court may resolve parentage against party refusing to submit to
6 blood tests.
7 Section 78-25-23, Costs of examination.
8 Section 78-45a-8, Selection of experts.
9 Section 78-45a-9, Compensation of expert witnesses.
10 Section 142. Effective date.
11 This act takes effect on July 1, 1997.




Legislative Review Note
as of 1-31-97 2:46 PM

This bill raises the following constitutional or statutory concerns:

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L.
104-193, includes far-reaching provisions on child support aimed at strengthening the
power of states to establish paternity and collect child support. The federal government
has conditioned a state's receipt of cash assistance under block grants upon the state's
adoption of these provisions into law. The purpose of this bill is to fulfill this condition
as it applies to the state of Utah.

Because the bill breaks new ground in the areas of paternity establishment and child support
enforcement, provisions of the bill could be subject to challenge as violative of constitutional
requirements of due process, substantive due process, or equal protection. No court, however, has
directly ruled on the constitutionality of these provisions within the context of or as required by
the Personal Responsibility and Work Opportunity Reconciliation Act.

Office of Legislative Research and General Counsel

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