Download Zipped Amended WP 9 SB0132S1.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute S.B. 132
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 17, 2003 at 4:46 PM by rday. -->
6 This act modifies provisions relating to paternity and child support. It provides
7 definitions for "declarant father" and "presumptive father" and allows for a declaration
8 of paternity by a declarant father even if a presumptive father exists, allows for
9 registration of the declaration, and provides for the modification of a divorce decree or
10 child support order after paternity is determined. The act modifies provisions for
11 reimbursement by a child's parents if the child is removed from a home and the Juvenile
12 Court finds that the allegations were insufficient. This act also modifies child support
13 and parent-time provisions by clarifying provisions relating to deviations from the child
14 support guidelines, and allowing for reductions in child support for extended
16 This act affects sections of Utah Code Annotated 1953 as follows:
18 26-2-2, as last amended by Chapter 202, Laws of Utah 1995
19 26-2-5, as last amended by Chapter 188, Laws of Utah 1998
20 30-3-5, as last amended by Chapter 255, Laws of Utah 2001
21 30-3-10.2, as last amended by Chapter 126, Laws of Utah 2001
22 30-3-35.5, as last amended by Chapters 130 and 255, Laws of Utah 2001
23 62A-4a-114, as last amended by Chapter 207, Laws of Utah 2000
24 62A-11-104, as last amended by Chapter 147, Laws of Utah 2002
25 62A-11-304.4, as last amended by Chapter 59, Laws of Utah 2002
27 70A-3-311, as enacted by Chapter 237, Laws of Utah 1993
28 78-3a-118, as last amended by Chapters 2 and 8, Laws of Utah 2002, Fifth Special
30 78-3a-906, as last amended by Chapter 300, Laws of Utah 2001
31 78-22-1, as last amended by Chapter 370, Laws of Utah 2001
32 78-45-7.2, as last amended by Chapter 232, Laws of Utah 1997
33 78-45-7.10, as last amended by Chapter 161, Laws of Utah 2000
34 78-45-7.11, as last amended by Chapter 255, Laws of Utah 2001
35 78-45-7.15, as last amended by Chapter 258, Laws of Utah 1995
36 78-45-9, as last amended by Chapter 258, Laws of Utah 1995
37 78-45-9.3, as renumbered and amended by Chapter 161, Laws of Utah 2000
38 78-45a-7, as last amended by Chapter 232, Laws of Utah 1997
39 78-45e-2, as last amended by Chapter 232, Laws of Utah 1997
40 78-45e-3, as last amended by Chapter 188, Laws of Utah 1998
41 78-45e-4, as last amended by Chapter 232, Laws of Utah 1997
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 26-2-2 is amended to read:
44 26-2-2. Definitions.
45 As used in this chapter:
46 (1) "Dead body" or "decedent" means a human body or parts of the human body from
47 the condition of which it reasonably may be concluded that death occurred.
48 (2) "Dead fetus" means a product of human conception:
49 (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
50 period began to the date of delivery; and
51 (b) that was not born alive.
52 (3) "Declarant father" means a male who, with the biological mother, declares that he
53 is the father of a child conceived as a result of sexual intercourse with the mother.
55 document, record, or report as provided under this chapter for registration by the state registrar
56 or a local registrar.
58 who takes possession of a dead body or dead fetus, prepares the dead body or dead fetus and
59 arranges for its final disposition, and includes:
60 (a) a licensed funeral director;
61 (b) a representative of a hospital which is making final disposition; or
62 (c) another person assuming responsibility for the final disposition of the remains.
65 entirely outside of the mother.
68 this state under Title 58, Chapter [
69 (10) "Presumptive father" means the father of a child conceived or born during a
70 marriage as defined in Section 30-1-17.2 .
72 a certificate and incorporation of it into the permanent records of the state.
74 Subsection 26-2-3 (1)(e).
76 death, marriage, divorce, dissolution of marriage, or annulment, amendments to any of these
77 registered certificates or reports, and other similar documents.
79 reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce,
80 dissolution of marriage, or annulment.
81 Section 2. Section 26-2-5 is amended to read:
82 26-2-5. Birth certificates -- Execution and registration requirements.
83 (1) As used in this section, "birthing facility" means a general acute hospital or birthing
84 center as defined in Section 26-21-2 .
85 (2) For each live birth occurring in the state, a certificate shall be filed with the local
86 registrar for the district in which the birth occurred within ten days following the birth. The
87 certificate shall be registered if it is completed and filed in accordance with this chapter.
89 birthing facility, or his designee, shall obtain and enter the information required under this
90 chapter on the certificate, securing the required signatures, and filing the certificate.
91 (b) (i) The date, time, place of birth, and required medical information shall be certified
92 by the birthing facility administrator or his designee.
93 (ii) The attending physician or nurse midwife may sign the certificate, but if the
94 attending physician or nurse midwife has not signed the certificate within seven days of the
95 date of birth, the birthing facility administrator or his designee shall enter the attending
96 physician's or nurse midwife's name and transmit the certificate to the local registrar.
97 (iii) The information on the certificate about the parents shall be provided and certified
98 by the mother or father or, in their incapacity or absence, by a person with knowledge of the
100 (4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
101 completed and filed by the physician, nurse, midwife, or other person primarily responsible for
102 providing assistance to the mother at the birth. If there is no such person, either the
103 presumptive or declarant father shall complete and file the certificate. In his absence, the
104 mother shall complete and file the certificate, and in the event of her death or disability, the
105 owner or operator of the premises where the birth occurred shall do so.
106 (b) The certificate shall be completed as fully as possible and shall include the date,
107 time, and place of birth, the mother's name, and the signature of the person completing the
110 the administrator or director of that facility, or his designee, shall:
111 (i) provide the birth mother and [
112 (A) a voluntary declaration of paternity form published by the state registrar;
113 (B) oral and written notice to the birth mother and [
114 alternatives to, the legal consequences of, and the rights and responsibilities that arise from
115 signing the declaration; and
116 (C) the opportunity to sign the declaration;
117 (ii) witness the signature of a birth mother or [
118 with Section 78-45e-3 if the signature occurs at the hospital;
120 but only if the mother and biological father have signed a voluntary declaration of paternity or a
121 court or administrative agency has issued an adjudication of paternity; and
122 (iv) file the completed declaration with the original birth certificate.
123 (b) If there is a presumptive father, the voluntary declaration will only be valid if the
124 presumptive father also signs the voluntary declaration.
126 declaration of paternity form with the original birth certificate and may provide certified copies
127 of the declaration of paternity as otherwise provided under Title 78, Chapter 45e, Voluntary
128 Declaration of Paternity [
138 (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
139 a description of the process for filing a voluntary declaration of paternity, and of the rights and
140 responsibilities established or effected by that filing, in accordance with Title 78, Chapter 45e,
141 Voluntary Declaration of Paternity [
142 (b) Information regarding the form and services related to voluntary paternity
143 establishment shall be made available to birthing facilities and to any other entity or individual
144 upon request.
145 (7) The name of a declarant father may only be included on the birth certificate of a
146 child of unmarried parents if:
147 (a) the mother and declarant father have signed a voluntary declaration of paternity; or
148 (b) a court or administrative agency has issued an adjudication of paternity.
149 (8) Voluntary declarations of paternity [
151 maintained by the state [
152 state case registry maintained by the Office of Recovery Services pursuant to Section
153 62A-11-104 .
154 Section 3. Section 30-3-5 is amended to read:
155 30-3-5. Disposition of property -- Maintenance and health care of parties and
156 children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
157 parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
158 (1) When a decree of divorce is rendered, the court may include in it equitable orders
159 relating to the children, property, debts or obligations, and parties. The court shall include the
160 following in every decree of divorce:
161 (a) an order assigning responsibility for the payment of reasonable and necessary
162 medical and dental expenses of the dependent children;
163 (b) if coverage is or becomes available at a reasonable cost, an order requiring the
164 purchase and maintenance of appropriate health, hospital, and dental care insurance for the
165 dependent children;
166 (c) pursuant to Section 15-4-6.5 :
167 (i) an order specifying which party is responsible for the payment of joint debts,
168 obligations, or liabilities of the parties contracted or incurred during marriage;
169 (ii) an order requiring the parties to notify respective creditors or obligees, regarding
170 the court's division of debts, obligations, or liabilities and regarding the parties' separate,
171 current addresses; and
172 (iii) provisions for the enforcement of these orders; and
173 (d) provisions for income withholding in accordance with Title 62A, Chapter 11,
174 Recovery Services.
175 (2) The court may include, in an order determining child support, an order assigning
176 financial responsibility for all or a portion of child care expenses incurred on behalf of the
177 dependent children, necessitated by the employment or training of the custodial parent. If the
178 court determines that the circumstances are appropriate and that the dependent children would
179 be adequately cared for, it may include an order allowing the noncustodial parent to provide
180 child care for the dependent children, necessitated by the employment or training of the
182 (3) The court has continuing jurisdiction to make subsequent changes or new orders for
183 the custody of the children and their support, maintenance, health, and dental care, and for
184 distribution of the property and obligations for debts as is reasonable and necessary.
185 (4) Child support, custody, visitation, and other matters related to children born to the
186 mother and father after entry of the decree of divorce may be added to the decree by
189 grandparents and other members of the immediate family, the court shall consider the best
190 interest of the child.
191 (b) Upon a specific finding by the court of the need for peace officer enforcement, the
192 court may include in an order establishing a parent-time or visitation schedule a provision,
193 among other things, authorizing any peace officer to enforce a court-ordered parent-time or
194 visitation schedule entered under this chapter.
196 court order is made and denied, the court shall order the petitioner to pay the reasonable
197 attorneys' fees expended by the prevailing party in that action, if the court determines that the
198 petition was without merit and not asserted or defended against in good faith.
200 parent, or a visitation order by a grandparent or other member of the immediate family pursuant
201 to Section 78-32-12.2 where a visitation or parent-time right has been previously granted by the
202 court, the court may award to the prevailing party costs, including actual attorney fees and
203 court costs incurred by the prevailing party because of the other party's failure to provide or
204 exercise court-ordered visitation or parent-time.
207 (i) the financial condition and needs of the recipient spouse;
208 (ii) the recipient's earning capacity or ability to produce income;
209 (iii) the ability of the payor spouse to provide support;
210 (iv) the length of the marriage;
211 (v) whether the recipient spouse has custody of minor children requiring support;
213 spouse; and
214 (vii) whether the recipient spouse directly contributed to any increase in the payor
215 spouse's skill by paying for education received by the payor spouse or allowing the payor
216 spouse to attend school during the marriage.
217 (b) The court may consider the fault of the parties in determining alimony.
218 (c) As a general rule, the court should look to the standard of living, existing at the
219 time of separation, in determining alimony in accordance with Subsection [
220 However, the court shall consider all relevant facts and equitable principles and may, in its
221 discretion, base alimony on the standard of living that existed at the time of trial. In marriages
222 of short duration, when no children have been conceived or born during the marriage, the court
223 may consider the standard of living that existed at the time of the marriage.
224 (d) The court may, under appropriate circumstances, attempt to equalize the parties'
225 respective standards of living.
226 (e) When a marriage of long duration dissolves on the threshold of a major change in
227 the income of one of the spouses due to the collective efforts of both, that change shall be
228 considered in dividing the marital property and in determining the amount of alimony. If one
229 spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
230 the marriage, the court may make a compensating adjustment in dividing the marital property
231 and awarding alimony.
232 (f) In determining alimony when a marriage of short duration dissolves, and no
233 children have been conceived or born during the marriage, the court may consider restoring
234 each party to the condition which existed at the time of the marriage.
235 (g) (i) The court has continuing jurisdiction to make substantive changes and new
236 orders regarding alimony based on a substantial material change in circumstances not
237 foreseeable at the time of the divorce.
238 (ii) The court may not modify alimony or issue a new order for alimony to address
239 needs of the recipient that did not exist at the time the decree was entered, unless the court
240 finds extenuating circumstances that justify that action.
241 (iii) In determining alimony, the income of any subsequent spouse of the payor may not
242 be considered, except as provided in this Subsection [
245 (B) The court may consider the income of a subsequent spouse if the court finds that
246 the payor's improper conduct justifies that consideration.
247 (h) Alimony may not be ordered for a duration longer than the number of years that the
248 marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
249 circumstances that justify the payment of alimony for a longer period of time.
251 court that a party pay alimony to a former spouse automatically terminates upon the remarriage
252 or death of that former spouse. However, if the remarriage is annulled and found to be void ab
253 initio, payment of alimony shall resume if the party paying alimony is made a party to the
254 action of annulment and his rights are determined.
256 upon establishment by the party paying alimony that the former spouse is cohabitating with
257 another person.
258 Section 4. Section 30-3-10.2 is amended to read:
259 30-3-10.2. Joint legal or physical custody order -- Factors for court determination
260 -- Public assistance.
261 (1) The court may order joint legal custody or joint physical custody or both if the
262 parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determines that
263 joint legal custody or joint physical custody or both is in the best interest of the child.
264 (2) In determining whether the best interest of a child will be served by ordering joint
265 legal or physical custody, the court shall consider the following factors:
266 (a) whether the physical, psychological, and emotional needs and development of the
267 child will benefit from joint legal or physical custody;
268 (b) the ability of the parents to give first priority to the welfare of the child and reach
269 shared decisions in the child's best interest;
270 (c) whether each parent is capable of encouraging and accepting a positive relationship
271 between the child and the other parent;
272 (d) whether both parents participated in raising the child before the divorce;
273 (e) the geographical proximity of the homes of the parents;
275 as to form an intelligent preference as to joint legal custody;
276 (g) the maturity of the parents and their willingness and ability to protect the child from
277 conflict that may arise between the parents; and
278 (h) any other factors the court finds relevant.
279 (3) The determination of the best interest of the child shall be by a preponderance of
280 the evidence.
281 (4) The court shall inform both parties that[
282 custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3,
283 Employment Support Act[
287 (5) The court may order that where possible the parties attempt to settle future disputes
288 by a dispute resolution method before seeking enforcement or modification of the terms and
289 conditions of the order of joint legal custody or joint physical custody through litigation, except
290 in emergency situations requiring ex parte orders to protect the child.
291 Section 5. Section 30-3-35.5 is amended to read:
292 30-3-35.5. Minimum schedule for parent-time for children under five years of
294 (1) The parent-time schedule in this section applies to children under five years old.
295 (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
296 considered the minimum parent-time to which the noncustodial parent and the child shall be
298 (a) for children under five months of age:
299 (i) six hours of parent-time per week to be specified by the court or the noncustodial
300 parent preferably:
301 (A) divided into three parent-time periods; and
302 (B) in the custodial home, established child care setting, or other environment familiar
303 to the child; and
304 (ii) two hours on holidays and in the years specified in Subsections 30-3-35 (2)(f)
306 environment familiar to the child;
307 (b) for children five months of age or older, but younger than ten months of age:
308 (i) nine hours of parent-time per week to be specified by the court or the noncustodial
309 parent preferably:
310 (A) divided into three parent-time periods; and
311 (B) in the custodial home, established child care setting, or other environment familiar
312 to the child; and
313 (ii) two hours on the holidays and in the years specified in Subsections 30-3-35 (2)(f)
314 through (i) preferably in the custodial home, the established child care setting, or other
315 environment familiar to the child;
316 (c) for children ten months of age or older, but younger than 18 months of age:
317 (i) one eight hour visit per week to be specified by the noncustodial parent or court;
318 (ii) one three hour visit per week to be specified by the noncustodial parent or court;
319 (iii) eight hours on the holidays and in the years specified in Subsections [
320 30-3-35 (2)(f) through (i); and
321 (iv) brief phone contact with the noncustodial parent at least two times per week;
322 (d) for children 18 months of age or older, but younger than three years of age:
323 (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
324 noncustodial parent or court; however, if the child is being cared for during the day outside his
325 regular place of residence, the noncustodial parent may, with advance notice to the custodial
326 parent, pick up the child from the caregiver at an earlier time and return him to the custodial
327 parent by 8:30 p.m.;
328 (ii) alternative weekends beginning on the first weekend after the entry of the decree
329 from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
330 (iii) parent-time on holidays as specified in Subsections 30-3-35 (2)(c) through (i);
331 (iv) extended parent-time may be:
332 (A) two one-week periods, separated by at least four weeks, at the option of the
333 noncustodial parent;
334 (B) one week shall be uninterrupted time for the noncustodial parent;
335 (C) the remaining week shall be subject to parent-time for the custodial parent
337 (D) the custodial parent shall have an identical one-week period of uninterrupted time
338 for vacation; and
339 (v) brief phone contact with the noncustodial parent at least two times per week;
340 (e) for children three years of age or older, but younger than five years of age:
341 (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
342 noncustodial parent or court; however, if the child is being cared for during the day outside his
343 regular place of residence, the noncustodial parent may, with advance notice to the custodial
344 parent, pick up the child from the caregiver at an earlier time and return him to the custodial
345 parent by 8:30 p.m.;
346 (ii) alternative weekends beginning on the first weekend after the entry of the decree
347 from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
348 (iii) parent-time on holidays as specified in Subsections 30-3-35 (2)(c) through (i);
349 (iv) extended parent-time with the noncustodial parent may be:
350 (A) two two-week periods, separated by at least four weeks, at the option of the
351 noncustodial parent;
352 (B) one two-week period shall be uninterrupted time for the noncustodial parent;
353 (C) the remaining two-week period shall be subject to parent-time for the custodial
354 parent consistent with these guidelines; and
355 (D) the custodial parent shall have an identical two-week period of uninterrupted time
356 for vacation; and
357 (v) brief phone contact with the noncustodial parent at least two times per week.
358 (3) A parent shall notify the other parent at least 30 days in advance of extended
359 parent-time or vacation weeks.
360 (4) Telephone contact shall be at reasonable hours and for reasonable duration.
361 Section 6. Section 62A-4a-114 is amended to read:
362 62A-4a-114. Financial reimbursement by parent or legal guardian.
363 (1) The division shall seek reimbursement of funds it has expended on behalf of a child
364 in the protective custody, temporary custody, or custody of the division, from the child's
365 parents or legal guardians in accordance with an order for child support under Section
366 78-3a-906 .
370 (2) A parent or any other obligated person is not responsible for support for periods of
371 time that a child is removed upon a finding by the Juvenile Court that there were insufficient
372 grounds for that removal and that child is returned to the home of the parent, parents, or legal
373 guardians based upon that finding.
374 (3) In the event that the Juvenile Court finds that there were insufficient grounds for
375 the initial removal, but that the child is to remain in the custody of the state, the Juvenile Court
376 shall order that the parents or any other obligated persons are responsible for support from the
377 point at which it became improper to return the child to the home of his or her parent, parents,
378 or legal guardians.
380 enforce this section.
381 Section 7. Section 62A-11-104 is amended to read:
382 62A-11-104. Duties of office.
383 The office has the following duties:
384 (1) to provide child support services if:
385 (a) the office has received an application for child support services;
386 (b) the state has provided public assistance; or
387 (c) a child lives out of the home in the protective custody, temporary custody, or
388 custody or care of the state [
389 (2) to carry out the obligations of the department contained in this chapter and in Title
390 78, Chapters 45, Uniform Civil Liability for Support Act, Chapter 45a, Uniform Act on
391 Paternity, and Chapter 45f, Uniform Interstate Family Support Act, for the purpose of
392 collecting child support;
393 (3) to recover public assistance provided to persons for which they were ineligible;
394 (4) to collect money due the department which could act to offset expenditures by the
396 (5) to cooperate with the federal government in programs designed to recover health
397 and social service funds;
399 and reimbursable expenses owed to the state or any of its political subdivisions, if the office
400 has contracted to provide collection services;
401 (7) to implement income withholding for collection of child support in accordance with
402 Part 4, Income Withholding in IV-D Cases, of this chapter;
403 (8) to enter into agreements with financial institutions doing business in the state to
404 develop and operate, in coordination with such financial institutions, a data match system in the
405 manner provided for in Section 62A-11-304.5 ;
406 (9) to establish and maintain the state case registry in the manner required by the Social
407 Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
408 (a) the amount of monthly or other periodic support owed under the order, and other
409 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
410 the order;
411 (b) any amount described in Subsection (9)(a) that has been collected;
412 (c) the distribution of collected amounts;
413 (d) the birth date of any child for whom the order requires the provision of support; and
414 (e) the amount of any lien imposed with respect to the order pursuant to this part;
415 (10) to contract with the Department of Workforce Services to establish and maintain
416 the new hire registry created under Section 35A-7-103 ;
417 (11) to determine whether an individual who has applied for or is receiving cash
418 assistance or Medicaid is cooperating in good faith with the office as required by Section
419 62A-11-307.2 ;
420 (12) to finance any costs incurred from collections, fees, General Fund appropriation,
421 contracts, and federal financial participation; and
422 (13) to provide notice to a noncustodial parent in accordance with Section
423 62A-11-304.4 of the opportunity to contest the accuracy of allegations by a custodial parent of
424 nonpayment of past-due child support, prior to taking action against a noncustodial parent to
425 collect the alleged past-due support.
426 Section 8. Section 62A-11-304.4 is amended to read:
427 62A-11-304.4. Filing of location information -- Service of process.
428 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
430 update that information as changes occur:
431 (i) with the court or administrative agency that conducted the proceeding; and
432 (ii) after October 1, 1998, with the state case registry.
433 (b) The identifying information required under Subsection (1)(a) shall include the
434 person's social security number, driver's license number, residential and mailing addresses,
435 telephone numbers, the name, address, and telephone number of employers, and any other data
436 required by the United States Secretary of Health and Human Services.
437 (c) In any subsequent child support action involving the office or between the parties,
438 state due process requirements for notice and service of process shall be satisfied as to a party
440 (i) a sufficient showing that diligent effort has been made to ascertain the location of
441 the party; and
442 (ii) delivery of notice to the most recent residential or employer address filed with the
443 court, administrative agency, or state case registry under Subsection (1)(a).
444 (2) (a) The office shall provide individuals who are applying for or receiving services
445 under this chapter or who are parties to cases in which services are being provided under this
447 (i) with notice of all proceedings in which support obligations might be established or
448 modified; and
449 (ii) with a copy of any order establishing or modifying a child support obligation, or in
450 the case of a petition for modification, a notice of determination that there should be no change
451 in the amount of the child support award, within 14 days after issuance of such order or
453 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
454 be provided in accordance with Section 78-45f-614 .
455 (3) Service of all notices and orders under this part shall be made in accordance with
456 Title 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
457 this section.
458 (4) Consistent with Title 63, Chapter 2, Government Records Access and Management
459 Act, the office shall adopt procedures to classify records to prohibit the unauthorized use or
461 (a) establish paternity; or
462 (b) establish or enforce support.
463 (5) (a) The office shall, upon written request, provide location information available in
464 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
465 provided that:
466 (i) the party seeking the information produces a copy of the parent-time order signed by
467 the court;
468 (ii) the information has not been safeguarded in accordance with Section 454 of the
469 Social Security Act;
470 (iii) the party whose location is being sought has been afforded notice in accordance
471 with this section [
472 (iv) the party whose location is being sought has not provided the office with a copy of
473 a protective order, a current court order prohibiting disclosure, a current court order limiting or
474 prohibiting the requesting person's contact with the party or child whose location is being
475 sought, a criminal order, an administrative order pursuant to Section 62A-4a-116.5 , or
476 documentation of a pending proceeding for any of the above; and
477 (v) there is no other state or federal law that would prohibit disclosure.
478 (b) "Location information" shall consist of the current residential address of the
479 custodial or noncustodial parent and, if different and known to the office, the current residence
480 of any children who are the subject of the parent-time order. If there is no current residential
481 address available, the person's place of employment and any other location information shall be
483 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
484 Security Act means that the person seeking to safeguard information has provided to the office
485 a copy of a protective order, current court order prohibiting disclosure, current court order
486 prohibiting or limiting the requesting person's contact with the party or child whose location is
487 being sought, or criminal order signed by a court of competent jurisdiction, an administrative
488 order pursuant to Section 62A-4a-116.5 , or documentation of a pending proceeding for any of
489 the above.
490 (d) Neither the state, the department, the office nor its employees shall be liable for any
492 Section 9. Section 62A-11-312.5 is amended to read:
493 62A-11-312.5. Liens by operation of law and writs of garnishment.
494 (1) Each payment or installment of child support is, on and after the date it is due, a
495 judgment with the same attributes and effect of any judgment of a district court in accordance
496 with Section 78-45-9.3 and for purposes of Section 78-22-1 .
497 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
498 lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
499 district court where the obligor's real property is located if the notice:
503 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
504 execute a judgment or final administrative order under this section against real or personal
505 property in the obligor's possession.
508 (3) (a) The office may issue a writ of garnishment against the obligor's personal
509 property in the possession of a third party for a judgment under Subsection (1) or a final
510 administrative order in the same manner and with the same effect as if the writ were issued on
511 a judgment of a district court if:
512 (i) the judgment or final administrative order is recorded on the office's automated case
513 registry; and
514 (ii) the writ is signed by the director or the director's designee and served by certified
515 mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
516 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
517 and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
518 provided by Section 62A-11-316 .
519 Section 10. Section 70A-3-311 is amended to read:
520 70A-3-311. Accord and satisfaction by use of instrument.
521 (1) If a person against whom a claim is asserted proves that that person in good faith
523 was unliquidated or subject to a bona fide dispute, and the claimant obtained payment of the
524 instrument, the following subsections apply.
525 (2) Unless Subsection (3) applies, the claim is discharged if the person against whom
526 the claim is asserted proves that the instrument or an accompanying written communication
527 contained a conspicuous statement to the effect that the instrument was tendered as full
528 satisfaction of the claim.
529 (3) Subject to Subsection (4), a claim is not discharged under Subsection (2) if either of
530 the following applies:
531 (a) The claimant, if an organization, proves that:
532 (i) within a reasonable time before the tender, the claimant sent a conspicuous
533 statement to the person against whom the claim is asserted, which states that communications
534 concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to
535 be sent to a designated person, office, or place; and
536 (ii) the instrument or accompanying communication was not received by that
537 designated person, office, or place.
538 (b) The claimant, whether or not an organization, proves that within 90 days after
539 payment of the instrument, the claimant tendered repayment of the amount of the instrument to
540 the person against whom the claim is asserted. This Subsection (3)(b) does not apply if the
541 claimant is an organization that sent a statement complying with Subsection (3)(a)(i).
542 (4) A claim is discharged if the person against whom the claim is asserted proves that
543 within a reasonable time before collection of the instrument was initiated, the claimant, or an
544 agent of the claimant having direct responsibility with respect to the disputed obligation, knew
545 that the instrument was tendered in full satisfaction of the claim.
546 (5) Merely writing a statement on a check which declares that a child support
547 obligation is paid in full is not sufficient to bind the recipient who endorses the check. Child
548 support obligations are considered owing unless paid in full or otherwise ordered by a tribunal.
549 Section 11. Section 78-3a-118 is amended to read:
550 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
551 Enumeration of possible court orders -- Considerations of court -- Obtaining DNA
554 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
555 jurisdiction over the minor. However, in cases within the provisions of Subsection
556 78-3a-104 (1), findings of fact are not necessary.
557 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
558 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
559 to the school superintendent of the district in which the minor resides or attends school. Notice
560 shall be made to the district superintendent within three days of the adjudication and shall
561 include the specific offenses for which the minor was adjudicated.
562 (2) Upon adjudication the court may make the following dispositions by court order:
563 (a) (i) The court may place the minor on probation or under protective supervision in
564 the minor's own home and upon conditions determined by the court, including compensatory
565 service as provided in Section 78-11-20.7 .
566 (ii) The court may place the minor in state supervision with the probation department
567 of the court, under the legal custody of:
568 (A) his parent or guardian;
569 (B) the Division of Youth Corrections; or
570 (C) the Division of Child and Family Services.
571 (iii) If the court orders probation or state supervision, the court shall direct that notice
572 of its order be provided to designated persons in the local law enforcement agency and the
573 school or transferee school, if applicable, which the minor attends. The designated persons
574 may receive the information for purposes of the minor's supervision and student safety.
575 (iv) Any employee of the local law enforcement agency and the school which the
576 minor attends who discloses the court's order of probation is not:
577 (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
578 Section 63-30-4 ; and
579 (B) civilly or criminally liable except when the disclosure constitutes a knowing
580 violation of Section 63-2-801 .
581 (b) The court may place the minor in the legal custody of a relative or other suitable
582 person, with or without probation or protective supervision, but the juvenile court may not
583 assume the function of developing foster home services.
585 (A) vest legal custody of the minor in the Division of Child and Family Services,
586 Division of Youth Corrections, or the Division of Substance Abuse and Mental Health; and
587 (B) order the Department of Human Services to provide dispositional
588 recommendations and services.
589 (ii) For minors who may qualify for services from two or more divisions within the
590 Department of Human Services, the court may vest legal custody with the department.
591 (iii) (A) Minors who are committed to the custody of the Division of Child and Family
592 Services on grounds other than abuse or neglect are subject to the provisions of Title 78,
593 Chapter 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title
594 62A, Chapter 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
595 (B) Prior to the court entering an order to place a minor in the custody of the Division
596 of Child and Family Services on grounds other than abuse or neglect, the court shall provide
597 the division with notice of the hearing no later than five days before the time specified for the
598 hearing so the division may attend the hearing.
599 (C) Prior to committing a minor to the custody of the Division of Child and Family
600 Services, the court shall make a finding as to what reasonable efforts have been attempted to
601 prevent the minor's removal from his home.
602 (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
604 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
605 or dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of
606 Youth Corrections.
607 (e) The court may commit the minor, subject to the court retaining continuing
608 jurisdiction over him, to the temporary custody of the Division of Youth Corrections for
609 observation and evaluation for a period not to exceed 45 days, which period may be extended
610 up to 15 days at the request of the director of the Division of Youth Corrections.
611 (f) (i) The court may commit the minor to a place of detention or an alternative to
612 detention for a period not to exceed 30 days subject to the court retaining continuing
613 jurisdiction over the minor. This commitment may be stayed or suspended upon conditions
614 ordered by the court.
616 (A) an act which if committed by an adult would be a criminal offense; or
617 (B) contempt of court under Section 78-3a-901 .
618 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
619 the Division of Child and Family Services or any other appropriate person in accordance with
620 the requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
621 Dependency Proceedings.
622 (h) The court may place the minor on a ranch or forestry camp, or similar facility for
623 care and also for work, if possible, if the person, agency, or association operating the facility
624 has been approved or has otherwise complied with all applicable state and local laws. A minor
625 placed in a forestry camp or similar facility may be required to work on fire prevention,
626 forestation and reforestation, recreational works, forest roads, and on other works on or off the
627 grounds of the facility and may be paid wages, subject to the approval of and under conditions
628 set by the court.
629 (i) The court may order the minor to repair, replace, or otherwise make restitution for
630 damage or loss caused by the minor's wrongful act, including costs of treatment as stated in
631 Section 78-3a-318 and impose fines in limited amounts. If a minor has been returned to this
632 state under the Interstate Compact on Juveniles, the court may order the minor to make
633 restitution for costs expended by any governmental entity for the return.
634 (j) The court may issue orders necessary for the collection of restitution and fines
635 ordered by the court, including garnishments, wage withholdings, and executions.
636 (k) (i) The court may through its probation department encourage the development of
637 employment or work programs to enable minors to fulfill their obligations under Subsection
638 (2)(i) and for other purposes considered desirable by the court.
639 (ii) Consistent with the order of the court, the probation officer may permit the minor
640 found to be within the jurisdiction of the court to participate in a program of work restitution or
641 compensatory service in lieu of paying part or all of the fine imposed by the court.
642 (l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in
643 addition to any other disposition authorized by this section:
644 (A) restrain the minor from driving for periods of time the court considers necessary;
647 (ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
648 suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
649 Section 78-3a-506 .
650 (m) (i) When a minor is found within the jurisdiction of the juvenile court under
651 Section 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug
652 Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
653 shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
654 minimum of 20 hours, but no more than 100 hours, of compensatory service. Satisfactory
655 completion of an approved substance abuse prevention or treatment program may be credited
656 by the court as compensatory service hours.
657 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
658 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court
659 may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
660 that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
661 service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
662 approved substance abuse prevention or treatment program may be credited by the court as
663 compensatory service hours.
664 (n) The court may order that the minor be examined or treated by a physician, surgeon,
665 psychiatrist, or psychologist or that he receive other special care. For these purposes the court
666 may place the minor in a hospital or other suitable facility.
667 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the
668 interest of the minor, and may appoint as guardian a public or private institution or agency in
669 which legal custody of the minor is vested.
670 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
671 private agency or institution, the court shall give primary consideration to the welfare of the
672 minor. When practicable, the court may take into consideration the religious preferences of the
673 minor and of the minor's parents.
674 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
675 conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or
676 any other person who has been made a party to the proceedings. Conditions may include:
678 (B) restrictions on the minor's associates;
679 (C) restrictions on the minor's occupation and other activities; and
680 (D) requirements to be observed by the parents or custodian.
681 (ii) A minor whose parents or guardians successfully complete a family or other
682 counseling program may be credited by the court for detention, confinement, or probation time.
683 (q) The court may order the minor to be placed in the legal custody of the Division of
684 Substance Abuse and Mental Health or committed to the physical custody of a local mental
685 health authority, in accordance with the procedures and requirements of Title 62A, Chapter 15,
686 Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental
688 (r) (i) The court may make an order committing a minor within its jurisdiction to the
689 Utah State Developmental Center if the minor has mental retardation in accordance with the
690 provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
691 (ii) The court shall follow the procedure applicable in the district courts with respect to
692 judicial commitments to the Utah State Developmental Center when ordering a commitment
693 under Subsection (2)(r)(i).
694 (s) The court may terminate all parental rights upon a finding of compliance with the
695 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
696 (t) The court may make any other reasonable orders for the best interest of the minor or
697 as required for the protection of the public, except that a person younger than 18 years of age
698 may not be committed to jail or prison.
699 (u) The court may combine the dispositions listed in this section if they are compatible.
700 (v) Before depriving any parent of custody, the court shall give due consideration to the
701 rights of parents concerning their minor. The court may transfer custody of a minor to another
702 person, agency, or institution in accordance with the requirements and procedures of Title 78,
703 Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
704 (w) Except as provided in Subsection (2)(y)(i), an order under this section for
705 probation or placement of a minor with an individual or an agency shall include a date certain
706 for a review of the case by the court. A new date shall be set upon each review.
707 (x) In reviewing foster home placements, special attention shall be given to making
709 (y) (i) The juvenile court may enter an order of permanent custody and guardianship
710 with a relative or individual of a minor where the court has previously acquired jurisdiction as
711 a result of an adjudication of abuse, neglect, or dependency, excluding cases arising under
712 Subsection 78-3a-105 (4). The juvenile court may enter an order for child support on behalf of
713 the minor child against the natural or adoptive parents of the child.
714 (ii) Orders under Subsection (2)(y)(i):
715 (A) shall remain in effect until the minor reaches majority;
716 (B) are not subject to review under Section 78-3a-119 ; and
717 (C) may be modified by petition or motion as provided in Section 78-3a-903 .
718 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
719 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
720 of the juvenile court.
721 (3) In addition to the dispositions described in Subsection (2), when a minor comes
722 within the court's jurisdiction he may be given a choice by the court to serve in the National
723 Guard in lieu of other sanctions, provided:
724 (a) the minor meets the current entrance qualifications for service in the National
725 Guard as determined by a recruiter, whose determination is final;
726 (b) the minor is not under the jurisdiction of the court for any act that:
727 (i) would be a felony if committed by an adult;
728 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
729 (iii) was committed with a weapon; and
730 (c) the court retains jurisdiction over the minor under conditions set by the court and
731 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
732 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction of
733 the court as described in Subsection 53-10-403 (3). The specimen shall be obtained by
734 designated employees of the court or, if the minor is in the legal custody of the Division of
735 Youth Corrections, then by designated employees of the division under Subsection
736 53-10-404 (5)(b).
737 (b) The responsible agency shall ensure that employees designated to collect the saliva
738 DNA specimens receive appropriate training and that the specimens are obtained in accordance
740 (c) Reimbursements paid under Subsection 53-10-404 (2)(a) shall be placed in the DNA
741 Specimen Restricted Account created in Section 53-10-407 .
742 (d) Payment of the reimbursement is second in priority to payments the minor is
743 ordered to make for restitution under this section and treatment under Section 78-3a-318 .
744 Section 12. Section 78-3a-906 is amended to read:
745 78-3a-906. Child support obligation when custody of a minor is vested in an
746 individual or institution.
747 (1) When legal custody of a minor is vested by the court in a secure youth corrections
748 facility or any other state department, division, or agency other than his parents, or if the
749 guardianship of the child has been granted to another party and an agreement for a guardianship
750 subsidy has been signed by the guardian, the court shall order the parents, a parent, or any other
751 obligated person to pay child support for each month the child is in custody. In the same
752 proceeding the court shall inform the parents, a parent, or any other obligated person, verbally
753 and in writing, of the requirement to pay child support in accordance with Title 78, Chapter 45,
754 Uniform Civil Liability for Support Act.
755 (2) If legal custody of a minor is vested by the court in a secure youth corrections
756 facility, or any other state department, division, or agency, the court may refer the
757 establishment of a child support order to the Office of Recovery Services. The referral shall be
758 sent to the Office of Recovery Services within three working days of the hearing. Support
759 obligation amounts shall be set by the Office of Recovery Services in accordance with Title 78,
760 Chapter 45, Uniform Civil Liability for Support Act.
761 (3) If referred to the Office of Recovery Services pursuant to Subsection (2) [
762 the court shall also inform the parties that they are required to contact the Office of Recovery
763 Services within 30 days of the date of the hearing to establish a child support order and the
764 penalty in Subsection (5) for failing to do so. If there is no existing child support order for the
765 child, the liability for support shall accrue beginning on the 61st day following the hearing that
766 occurs the first time the court vests custody of the child in a secure youth corrections facility, or
767 any other state department, division, or agency other than his parents.
768 (4) If a child is returned home and legal custody is subsequently vested by the court in
769 a secure youth corrections facility or any other state department, division, or agency other than
771 removed from the home, including time spent in detention or sheltered care.
772 (5) (a) If the parents, parent, or other obligated person meets with the Office of
773 Recovery Services within 30 days of the date of the hearing, the child support order may not
774 include a judgment for past due support for more than two months.
775 (b) Notwithstanding Subsection (5)(a), the court may order the liability of support to
776 begin to accrue from the date of the proceeding referenced in Subsection (1) if:
777 (i) the parents, parent, or any other person obligated fails to meet with the Office of
778 Recovery Services within 30 days after being informed orally and in writing by the court of that
779 requirement; and
780 (ii) the Office of Recovery Services took reasonable steps under the circumstances to
781 contact the parents, parent, or other person obligated within the subsequent 30-day period to
782 facilitate the establishment of the child support order.
783 (c) For purposes of Subsection (5)(b)(ii), the Office of Recovery Services shall be
784 presumed to have taken reasonable steps if the office:
785 (i) has a signed, returned receipt for a certified letter mailed to the address of the
786 parents, parent, or other obligated person regarding the requirement that a child support order
787 be established; or
788 (ii) has had a documented conversation, whether by telephone or in person, with the
789 parents, parent, or other obligated person regarding the requirement that a child support order
790 be established.
791 (6) In collecting arrears, the Office of Recovery Services shall comply with Section
792 62A-11-320 in setting a payment schedule or demanding payment in full.
793 (7) Unless otherwise ordered, the parents or other person shall pay the child support to
794 the Office of Recovery Services. The clerk of the court, the Office of Recovery Services, or the
795 Department of Human Services and its divisions shall have authority to receive periodic
796 payments for the care and maintenance of the minor, such as Social Security payments or
797 railroad retirement payments made in the name of or for the benefit of the minor.
798 (8) No court order under this section against a parent or other person shall be entered,
799 unless notice of hearing has been served within the state, a voluntary appearance is made, or a
800 waiver of service given. The notice shall specify that a hearing with respect to the financial
802 (9) An existing child support order payable to a parent or other obligated person shall
803 be assigned to the Department of Human Services as provided in Section 62A-1-117 .
804 (10) (a) Subsections [
805 vested by the court in an individual.
806 (b) If legal custody of a minor is vested by the court in an individual, the court may
807 order the parents, a parent, or any other obligated person to pay child support to the individual.
808 In the same proceeding the court shall inform the parents, a parent, or any other obligated
809 person, verbally and in writing, of the requirement to pay child support in accordance with
810 Title 78, Chapter 45, Uniform Civil Liability for Support Act.
811 Section 13. Section 78-22-1 is amended to read:
812 78-22-1. Duration of judgment -- Judgment as a lien upon real property --
813 Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child
814 support orders.
815 (1) [
816 eight years from the date of entry in a court unless previously satisfied or unless enforcement of
817 the judgment is stayed in accordance with law.
818 (2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of
819 judgment by a district court creates a lien upon the real property of the judgment debtor, not
820 exempt from execution, owned or acquired during the existence of the judgment, located in the
821 county in which the judgment is entered.
822 (3) An abstract of judgment issued by the court in which the judgment is entered may
823 be filed in any court of this state and shall have the same force and effect as a judgment entered
824 in that court.
825 (4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small
826 claims division of any court shall not qualify as a lien upon real property unless abstracted to
827 the civil division of the district court and recorded in accordance with Subsection (3).
828 (5) (a) If any judgment is appealed, upon deposit, with the court where the notice of
829 appeal is filed, of cash or other security in a form and amount considered sufficient by the court
830 that rendered the judgment to secure the full amount of the judgment, together with ongoing
831 interest and any other anticipated damages or costs, including attorney's fees and costs on
833 (b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court
834 shall enter an order terminating the lien created by the judgment and granting the judgment
835 creditor a perfected lien in the deposited security as of the date of the original judgment.
836 (6) (a) [
837 certain judgment for past due support may be enforced:
838 (i) within four years after the date the youngest child reaches majority[
839 (ii) eight years from the date of entry of the sum certain judgment entered by a tribunal.
840 (b) The longer period of duration shall apply in every order.
841 (c) A sum certain judgment may be renewed to extend the duration.
842 (7) (a) After July 1, 2002, a judgment entered by a district court or a justice court in the
843 state becomes a lien upon real property if:
844 (i) the judgment or an abstract of the judgment containing the information identifying
845 the judgment debtor as described in Subsection 78-22-1.5 (4) is recorded in the office of the
846 county recorder; or
847 (ii) the judgment or an abstract of the judgment and a separate information statement of
848 the judgment creditor as described in Subsection 78-22-1.5 (5) is recorded in the office of the
849 county recorder.
850 (b) The judgment shall run from the date of entry by the district court or justice court.
851 (c) The real property subject to the lien includes all the real property of the judgment
853 (i) in the county in which the recording under Subsection (7)(a)(i) or (ii) occurs; and
854 (ii) owned or acquired at any time by the judgment debtor during the time the judgment
855 is effective.
856 (d) State agencies are exempt from the recording requirement of Subsection (7)(a).
857 (8) (a) A judgment referred to in Subsection (7) shall be entered under the name of the
858 judgment debtor in the judgment index in the office of the county recorder as required in
859 Section 17-21-6 .
860 (b) A judgment containing a legal description shall also be abstracted in the appropriate
861 tract index in the office of the county recorder.
862 Section 14. Section 78-45-7.2 is amended to read:
864 (1) The guidelines apply to any judicial or administrative order establishing or
865 modifying an award of child support entered on or after July 1, 1989.
866 (2) (a) The child support guidelines shall be applied as a rebuttable presumption in
867 establishing or modifying the amount of temporary or permanent child support.
868 (b) The rebuttable presumption means the provisions and considerations required by
869 the guidelines, the award amounts resulting from the application of the guidelines, and the use
870 of worksheets consistent with these guidelines are presumed to be correct, unless rebutted
871 under the provisions of this section.
872 (3) A written finding or specific finding on the record supporting the conclusion that
873 complying with a provision of the guidelines or ordering an award amount resulting from use
874 of the guidelines would be unjust, inappropriate, or not in the best interest of a child in a
875 particular case is sufficient to rebut the presumption in that case. If an order rebuts the
876 presumption through findings, it is considered a deviated order.
877 (4) The following shall be considered deviations from the guidelines, if:
878 (a) the order includes a written finding that it is a nonguidelines order;
879 (b) the guidelines worksheet has the box checked for a deviation and has an
880 explanation as to the reason; or
881 (c) the deviation was made because there were more children than provided for in the
882 guidelines table.
883 (5) If the amount in the order and the amount on the guidelines worksheet differ, but
884 the difference is less than $10, the order shall not be considered deviated and the incomes listed
885 on the worksheet may be used in adjusting support for emancipation.
887 parent and are not children in common to both parties may at the option of either party be taken
888 into account under the guidelines in setting or modifying a child support award, as provided in
889 Subsection [
890 (i) by giving credit to the obligor, children for whom a prior support order exists would
891 have their child support reduced; or
892 (ii) by giving credit to the obligee for a present family, the obligation of the obligor
893 would increase.
Senate 2nd Reading Amendments 2-17-2003 rd/ecm(b) Additional worksheets shall be prepared that compute the obligations of the
895 respective parents for the additional children. The obligations shall then be subtracted from the
896 appropriate parent's income before determining the award in the instant case.
898 adoptive children [
899 both parties may S [
901 (a) for the benefit of the obligee if the credit would increase the support obligation of
902 the obligor from the most recent order; or
903 (b) for the benefit of the obligor if the amount of support received by the obligee would
904 be decreased from the most recent order.
906 three years, a parent, legal guardian, or the office may petition the court to adjust the amount of
907 a child support order.
908 (b) Upon receiving a petition under Subsection [
909 account the best interests of the child, determine whether there is a difference between the
910 amount ordered and the amount that would be required under the guidelines. If there is a
911 difference of 10% or more and the difference is not of a temporary nature, the court shall adjust
912 the amount to that which is provided for in the guidelines.
913 (c) A showing of a substantial change in circumstances is not necessary for an
914 adjustment under Subsection [
916 adjust the amount of a child support order if there has been a substantial change in
918 (b) For purposes of Subsection [
920 (i) material changes in custody;
921 (ii) material changes in the relative wealth or assets of the parties;
922 (iii) material changes of 30% or more in the income of a parent;
923 (iv) material changes in the ability of a parent to earn;
924 (v) material changes in the medical needs of the child; and
Senate 2nd Reading Amendments 2-17-2003 rd/ecm(vi) material changes in the legal responsibilities of either parent for the support of
927 (c) Upon receiving a petition under Subsection [
928 account the best interests of the child, determine whether a substantial change has occurred. If
929 it has, the court shall then determine whether the change results in a difference of 15% or more
930 between the amount of child support ordered and the amount that would be required under the
931 guidelines. If there is such a difference and the difference is not of a temporary nature, the
932 court shall adjust the amount of child support ordered to that which is provided for in the
935 (8) and [
937 Section 15. Section 78-45-7.10 is amended to read:
938 78-45-7.10. Adjustment when child becomes emancipated.
939 (1) When a child becomes 18 years of age, or has graduated from high school during
940 the child's normal and expected year of graduation, whichever occurs later, the base child
941 support award is automatically adjusted to reflect the base combined child support obligation
942 shown in the table for the remaining number of children due child support, unless otherwise
943 provided in the child support order.
944 (2) The award may not be reduced by a per child amount derived from the base child
945 support award originally ordered.
950 (3) If the incomes of the parties are not specified in the S LAST s order or the worksheets, the
951 information regarding the incomes is not consistent, or the order deviates from the guidelines,
952 automatic adjustment of the order does not apply and the order will continue until modified by
953 the issuing tribunal. If the order is deviated and the parties subsequently obtain a judicial order
954 that adjusts the support back to the date of the emancipation of the child, the Office of
955 Recovery Services may not be required to repay any difference in the support collected during
Senate 2nd Reading Amendments 2-17-2003 rd/ecmthe interim.
957 Section 16. Section 78-45-7.11 is amended to read:
958 78-45-7.11. Reduction for extended parent-time.
959 (1) S [
960 shall be:
961 S [
962 noncustodial parent by order of the court or by written agreement of the parties for at least 25
963 of any 30 consecutive days[
964 S [
965 parent by order of the court, or by written agreement of the parties for at least S [
966 consecutive days of extended parent-time.
967 S [
968 (2) If the dependent child is a client of cash assistance provided under Title 35A,
969 Chapter 3, Part 3, Family Employment Program, any agreement by the parties for reduction of
970 child support during extended parent-time shall be approved by the administrative agency.
972 (3) Normal parent-time and holiday visits to the custodial parent shall not be
973 considered [
974 (4) For cases receiving IV-D child support services in accordance with Title 62A,
975 Chapter 11, Parts 1, 3, and 4, to receive the adjustment the noncustodial parent shall provide
976 written documentation of the extended parent-time schedule, including the beginning and
977 ending dates, to the Office of Recovery Services in the form of either a court order or a
978 voluntary written agreement between the parties.
979 (5) If the noncustodial parent complies with Subsection (4), owes no past-due support,
980 and pays the full, unadjusted amount of current child support due for the month of scheduled
981 extended parent-time and the following month, the Office of Recovery Services shall refund
982 the difference from the child support due to the custodial parent or the state, between the full
983 amount of current child support received during the month of extended parent-time and the
984 adjusted amount of current child support due:
985 (a) from current support received in the month following the month of scheduled
986 extended parent-time; or
988 documentation of the scheduled extended parent-time is provided to the office, whichever
989 occurs later.
990 (6) If the noncustodial parent complies with Subsection (4), owes past-due support, and
991 pays the full, unadjusted amount of current child support due for the month of scheduled
992 extended parent-time, the Office of Recovery Services shall apply the difference, from the child
993 support due to the custodial parent or the state, between the full amount of current child
994 support received during the month of extended parent-time and the adjusted amount of current
995 child support due, to the past-due support obligation in the case.
996 (7) For cases not receiving IV-D child support services in accordance with Title 62A,
997 Chapter 11, Parts 1, 3, and 4, any potential adjustment of the support payment during the
998 month of extended visitation or any refund that may be due to the noncustodial parent from the
999 custodial parent, shall be resolved between the parents or through the court without
1000 involvement by the Office of Recovery Services.
1002 applies shall be calculated by dividing the base child support award by the number of children
1003 included in the award.
1005 custody obligations calculated in accordance with Section 78-45-7.9 .
1006 Section 17. Section 78-45-7.15 is amended to read:
1007 78-45-7.15. Medical expenses.
1008 (1) The court shall order that insurance for the medical expenses of the minor children
1009 be provided by a parent if it is available at a reasonable cost.
1010 (2) In determining which parent shall be ordered to maintain insurance for medical
1011 expenses, the court or administrative agency may consider the:
1012 (a) reasonableness of the cost;
1013 (b) availability of a group insurance policy;
1014 (c) coverage of the policy; and
1015 (d) preference of the custodial parent.
1016 (3) The order shall require each parent to share equally the out-of-pocket costs of the
1017 premium actually paid by a parent for the children's portion of insurance.
1019 child support award or recover the other parent's share of the children's portion of the premium.
1020 In cases in which the parent does not have insurance but another member of the parent's
1021 household provides insurance coverage for the children, the parent may receive credit against
1022 the base child support award or recover the other parent's share of the children's portion of the
1025 actually paid. The premium expense for the children shall be calculated by dividing the
1026 premium amount by the number of persons covered under the policy and multiplying the result
1027 by the number of children in the instant case.
1029 necessary uninsured medical expenses, including deductibles and copayments, incurred for the
1030 dependent children.
1032 coverage to the other parent, or to the Office of Recovery Services under Title IV of the Social
1033 Security Act, 42 U.S.C. Section 601 et seq., upon initial enrollment of the dependent children,
1034 and thereafter on or before January 2 of each calendar year. The parent shall notify the other
1035 parent, or the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C.
1036 Section 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar
1037 days of the date he first knew or should have known of the change.
1039 cost and payment of medical expenses to the other parent within 30 days of payment.
1041 medical expenses may be denied the right to receive credit for the expenses or to recover the
1042 other parent's share of the expenses if that parent fails to comply with Subsections [
1044 Section 18. Section 78-45-9 is amended to read:
1045 78-45-9. Enforcement of right of support.
1046 (1) (a) The obligee may enforce his right of support against the obligor. The office
1047 may proceed pursuant to this chapter or any other applicable statute on behalf of:
1048 (i) the Department of Human Services;
1050 defined by Subsection 62A-11-303 (3), to enforce the right to recover public assistance; or
1051 (iii) the obligee, to enforce the obligee's right of support against the obligor.
1052 (b) Whenever any court action is commenced by the office to enforce payment of the
1053 obligor's support obligation, the attorney general or the county attorney of the county of
1054 residence of the obligee shall represent the office.
1055 (2) (a) A person may not commence an action, file a pleading, or submit a written
1056 stipulation to the court, without complying with Subsection (2)(b), if the purpose or effect of
1057 the action, pleading, or stipulation is to:
1058 (i) establish paternity;
1059 (ii) establish or modify a support obligation;
1060 (iii) change the court-ordered manner of payment of support; [
1061 (iv) recover support due or owing[
1062 (v) appeal issues regarding child support laws.
1063 (b) (i) When taking an action described in Subsection (2)(a), a person must file an
1064 affidavit with the court at the time the action is commenced, the pleading is filed, or the
1065 stipulation is submitted stating whether child support services have been or are being provided
1066 under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child
1067 who is a subject of the action, pleading, or stipulation.
1068 (ii) If child support services have been or are being provided, under Part IV of the
1069 Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit
1070 and a copy of the pleading or stipulation to the Office of the Attorney General, Child Support
1072 (iii) If notice is not given in accordance with this Subsection (2), the office is not
1073 bound by any decision, judgment, agreement, or compromise rendered in the action. For
1074 purposes of appeals, service must be made on the Office of the Director for the Office of
1075 Recovery Services.
1076 (c) If IV-D services have been or are being provided, that person shall join the office as
1077 a party to the action, or mail or deliver a written request to the Office of the Attorney General,
1078 Child Support Division asking the office to join as a party to the action. A copy of that request,
1079 along with proof of service, shall be filed with the court. The office shall be represented as
1081 (3) Neither the attorney general nor the county attorney represents or has an
1082 attorney-client relationship with the obligee or the obligor in carrying out the duties under this
1084 Section 19. Section 78-45-9.3 is amended to read:
1085 78-45-9.3. Payment under child support order -- Judgment.
1086 (1) All monthly payments of child support shall be due on the 1st day of each month
1087 for purposes of child support services pursuant to Title 62A, Chapter 11, Part 3, income
1088 withholding services pursuant to Part 4, and income withholding procedures pursuant to Part 5.
1089 (2) For purposes of child support services and income withholding pursuant to Title
1090 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the 1st day of
1091 the following month. For purposes other than those specified in Subsection (1) support shall
1092 be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the
1093 order or decree provides for a different time for payment.
1094 (3) Each payment or installment of child or spousal support under any child support
1095 order, as defined by Section 78-45-2 , is, on and after the date it is due:
1096 (a) a judgment with the same attributes and effect of any judgment of a district court,
1097 except as provided in Subsection (4);
1098 (b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction;
1100 (c) not subject to retroactive modification by this or any other jurisdiction, except as
1101 provided in Subsection (4).
1102 (4) A child or spousal support payment under a child support order may be modified
1103 with respect to any period during which a modification is pending, but only from the date of
1104 service of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the
1105 obligee is the petitioner. [
1106 effective date of the modification shall be the month following service on the parent whose
1107 support is affected. Once the tribunal determines that a modification is appropriate, the
1108 tribunal shall order a judgment to be entered for any difference in the original order and the
1109 modified amount for the period from the service of the pleading until the final order of
1110 modification is entered [
1112 territory or possession of the United States, the District of Columbia, and the Commonwealth
1113 of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
1114 (6) The judgment provided for in Subsection (3)(a), to be effective and enforceable as a
1115 lien against the real property interest of any third party relying on the public record, shall be
1116 docketed in the district court in accordance with Sections 78-22-1 and 62A-11-312.5 .
1117 Section 20. Section 78-45a-7 is amended to read:
1118 78-45a-7. Authority for genetic testing.
1119 (1) Upon motion of any party to the action, made at a time so as not to delay the
1120 proceedings unduly, the court shall order the mother, the child, and the alleged father to submit
1121 to genetic testing if the request is supported by a sworn statement by the requesting party:
1122 (a) alleging paternity and setting forth facts establishing a reasonable possibility of the
1123 requisite sexual contact between the parties; or
1124 (b) denying paternity and setting forth facts establishing a reasonable possibility of the
1125 nonexistence of sexual contact between the parties.
1126 (2) The court may, upon its own initiative, order the mother, the child, and the alleged
1127 father to submit to genetic testing.
1128 (3) (a) The court shall order genetic testing:
1129 (i) of a type generally acknowledged as reliable by accreditation bodies designated by
1130 the federal Secretary of Health and Human Services; [
1131 (ii) to be performed by a laboratory approved by such an accreditation body[
1132 (iii) to be performed by a laboratory that follows strict guidelines regarding chain of
1133 custody of evidence which includes obtaining photographs of the parties at the time samples
1134 are taken.
1135 (b) Except as provided in Subsection [
1136 by the party who requested it or shared between the parties if requested by the court, subject to
1137 recoupment against the party who challenges the existence or nonexistence of paternity if the
1138 result of the genetic test is contrary to the position of the challenger.
1139 (4) Upon request by a party, a court may order a second genetic test that complies with
1140 Subsection (3) if paid for in advance by the requesting party and requested within 15 days of
1141 the result of the first genetic test being sent to the last-known address on file under Section
1143 (5) If the court orders a second genetic test in accordance with Subsection (4), the
1144 additional testing must be completed within no more than 45 days of the court's order or the
1145 requesting party's objection to the first test will be automatically denied. If failure to complete
1146 the test occurs because of noncooperation of the mother or unavailability of the child, the time
1147 will be tolled.
1149 question of paternity against that party, or may enforce its order if the rights of others and the
1150 interests of justice so require.
1152 genetic testing it requests subject to recoupment as provided in Section 62A-11-304.1 .
1153 Section 21. Section 78-45e-2 is amended to read:
1154 78-45e-2. Voluntary declaration of paternity.
1155 (1) As used in this part:
1156 (a) "Birth mother" means the biological mother of a child.
1157 (b) "Declarant father" means a male who, with the biological mother, declares that he
1158 is the father of a child conceived as the result of sexual intercourse with the mother.
1159 (c) "Pregnancy and confinement" means the costs of care for the biological mother
1160 during her pregnancy and delivery.
1161 (d) "Presumptive father" means the father of a child conceived or born during a
1163 (2) The mother of a child and a man who declares that he is the father of the child and
1164 that the child was conceived as a result of sexual intercourse with the mother may sign a
1165 declaration of paternity with the intent to establish the paternity of the child.
1167 establishes a father-child relationship identical to the relationship established when a child is
1168 born to persons married to each other.
1169 (b) When a voluntary declaration of paternity is filed, the liabilities of the father
1170 include, but are not limited to, the reasonable expense of the mother's pregnancy and
1171 confinement and for the education, necessary support, and any funeral expenses for the child.
1172 (c) When a father voluntarily declares paternity, his liability for past amounts due is
1174 of paternity was filed.
1176 basis for a child support order without any further requirement or proceeding regarding the
1177 establishment of paternity.
1179 after the birth of the child. A voluntary declaration of paternity may not be executed or filed
1180 after consent to or relinquishment for adoption has been signed.
1182 original birth certificate. The original certificate and the declaration shall be marked so as to be
1183 distinguishable. The declaration may be included as part of subsequently issued certified
1184 copies of the birth certificate. Alternatively, electronically issued copies of a certificate may
1185 reflect the amended information and the date of amendment only.
1187 state registrar of vital statistics and shall be accompanied with an explanation of the
1188 alternatives to, the legal consequences of, and the rights and responsibilities that arise from
1189 signing the declaration.
1191 declaration of paternity shall be placed in the records relating to the matter.
1192 Section 22. Section 78-45e-3 is amended to read:
1193 78-45e-3. Requirements for filing.
1194 (1) A voluntary declaration of paternity may not be filed with the state registrar unless
1195 the declaration:
1196 (a) states whether there has been genetic testing, and, if yes, that the declarant father's
1197 declaration of paternity is consistent with the results of the testing;
1200 of two witnesses who are not related [
1202 writing, of the alternatives to, the legal consequences of, and the rights and responsibilities that
1203 arise from signing the declaration.
1205 conception or birth of the child and a presumptive father exists, a voluntary declaration may not
1206 be finalized without the signature of the presumptive father.
1207 (3) If either the birth mother or the declarant father is a minor, the voluntary
1208 declaration must also be signed by the minor's parent.
1209 Section 23. Section 78-45e-4 is amended to read:
1210 78-45e-4. Rescission of the declaration.
1211 (1) A signed voluntary declaration of paternity is a legal finding of paternity, subject to
1212 the right of any signatory to rescind the acknowledgment within the earlier of:
1213 (a) 60 days of signing; or
1214 (b) the date of an administrative or judicial proceeding relating to the child, including a
1215 proceeding to establish a support order, in which the signatory is a party.
1216 (2) (a) Within the 60-day period, a voluntary declaration of paternity may be rescinded
1217 by filing a voluntary rescission document with the Office of Vital Records.
1219 declaration of paternity may be challenged in court only on the grounds of fraud, duress, or
1220 material mistake of fact, with the burden of proof on the challenger.
1222 from the declaration may not be suspended during a challenge under Subsection (2)[
1223 except for good cause shown.
1224 (3) In determining whether to rescind the declaration the court has the same authority
1225 and obligation with regard to genetic testing as is provided in Section 78-45a-7 .
1226 (4) A child support order based on the voluntary declaration of paternity remains in
1227 effect during the pendency of any proceeding under this section, and until a final order of the
1228 court rescinding the voluntary declaration.
1229 (5) If the declaration is rescinded, the declarant father may not recover any child
1230 support he provided for the child before entry of the order of rescission.
[Bill Documents][Bills Directory]