7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to child support obligations for a child in state
11 Highlighted Provisions:
12 This bill:
13 ▸ waives a child support obligation for a low-income individual who is receiving
14 certain government assistance and whose child is in state custody; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 78A-6-1106, as last amended by Laws of Utah 2013, Chapter 416
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78A-6-1106 is amended to read:
26 78A-6-1106. Child support obligation when custody of a child is vested in an
27 individual or institution.
28 (1) As used in this section:
29 (a) "Office" means the Office of Recovery Services.
30 (b) "State custody" means that a child is in the custody of a state department, division,
31 or agency, including a secure youth corrections facility.
32 (2) Under this section, a court may not issue a child support order against an individual
34 (a) the individual is served with notice that specifies the date and time of a hearing to
35 determine the financial support of a specified child;
36 (b) the individual makes a voluntary appearance; or
37 (c) the individual submits a waiver of service.
41 guardianship of the child has been granted to another party and an agreement for a guardianship
42 subsidy has been signed by the guardian, the court [
43 (a) shall order the parents, a parent, or [
44 child support for each month the child is in [
45 state custody or cared for under a grant of guardianship; and
46 (b) shall inform the parents, a parent, or [
47 verbally and in writing, of the requirement to pay child support in accordance with Title 78B,
48 Chapter 12, Utah Child Support Act[
49 (c) may refer the establishment of a child support order to the office.
67 (4) When a court chooses to refer a case to the office to determine support obligation
68 amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall:
69 (a) make the referral within three working days after the day on which the court holds
70 the hearing described in Subsection (2)(a); and
71 (b) inform the parents, a parent, or other obligated individual of:
72 (i) the requirement to contact the office within 30 days after the day on which the court
73 holds the hearing described in Subsection (2)(a); and
74 (ii) the penalty described in Subsection (6) for failure to contact the office.
75 (5) Liability for child support ordered under Subsection (3) shall accrue:
76 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
77 the court holds the hearing described in Subsection (2)(a), if there is no existing child support
78 order for the child; or
79 (b) beginning on the day the child is removed from the child's home, including time
80 spent in detention or sheltered care, if the child is removed after having been returned to the
81 child's home from state custody.
84 after the day on which the court holds the hearing described in Subsection (2)(a), the child
85 support order may not include a judgment for past due support for more than two months.
86 (b) Notwithstanding [
87 the liability of support to begin to accrue from the date of the proceeding referenced in
88 Subsection [
92 (i) the court informs the parents, a parent, or other obligated individual, as described in
93 Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the
94 office within 30 days after the day on which the court holds the hearing described in Subsection
95 (2)(a); and
96 (ii) the [
97 circumstances to contact the parents, parent, or other [
99 parent, or other obligated individual was required to contact the office to facilitate the
100 establishment of [
101 (c) For purposes of Subsection [
103 (i) has a signed, returned receipt for a certified letter mailed to the address of the
104 parents, a parent, or other obligated [
105 support order be established; or
106 (ii) has had a documented conversation, whether by telephone or in person, with the
107 parents, parent, or other obligated [
108 support order be established.
110 with Section 62A-11-320 in setting a payment schedule or demanding payment in full.
112 other [
114 Department of Human Services and its divisions shall have authority to receive periodic
115 payments for the care and maintenance of the child, such as Social Security payments or
116 railroad retirement payments made in the name of or for the benefit of the child.
121 (9) An existing child support order payable to a parent or other [
122 individual shall be assigned to the Department of Human Services as provided in Section
124 (10) (a) Subsections [
125 is vested by the court in an individual.
126 (b) If legal custody of a child is vested by the court in an individual, the court may
127 order the parents, a parent, or [
128 the individual in whom custody is vested. In the same proceeding, the court shall inform the
129 parents, a parent, or [
130 requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support
132 (11) [
133 individual to pay child support for a child in state custody if:
135 government-issued disability benefit; [
141 (c) the individual provides the court and the office evidence that the individual meets
142 the requirements of Subsections (11)(a) and (b).
143 (12) After the court or the office establishes an individual's child support obligation
144 ordered under Subsection (3), the office shall waive the obligation without further order of the
145 court if:
146 (a) the individual's child support obligation is established under Subsection
147 78B-12-205(6) or Section 78B-12-302; or
148 (b) the individual's only source of income is a means-tested, income replacement
149 payment of aid, including:
150 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
151 Program; or
152 (ii) cash benefits received under General Assistance, social security income, or social
153 security disability income.