1     
CHILD SUPPORT COLLECTION AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Cheryl K. Acton

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding the Office of Recovery Services.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes or requires the Office of Recovery Services to review and modify child
13     support orders, under certain circumstances; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          62A-11-104, as last amended by Laws of Utah 2015, Chapter 45
22          62A-11-304.2, as last amended by Laws of Utah 2008, Chapters 3 and 382
23          62A-11-320.5, as repealed and reenacted by Laws of Utah 1997, Chapter 232
24          62A-11-320.6, as enacted by Laws of Utah 1997, Chapter 232
25          78B-12-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
26          78B-14-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
27          78B-14-205, as last amended by Laws of Utah 2015, Chapter 45
28          78B-14-207, as and further amended by Revisor Instructions, Laws of Utah 2013,
29     Chapter 245
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 62A-11-104 is amended to read:
33          62A-11-104. Duties of office.
34          (1) The office has the following duties:
35          (a) except as provided in Subsection (2), to provide child support services if:
36          (i) the office has received an application for child support services;
37          (ii) the state has provided public assistance; or
38          (iii) a child lives out of the home in the protective custody, temporary custody, or
39     custody or care of the state;
40          (b) to carry out the obligations of the department contained in this chapter and in Title
41     78B, Chapter 12, Utah Child Support Act; Title 78B, Chapter 14, Utah Uniform Interstate
42     Family Support Act; and Title 78B, Chapter 15, Utah Uniform Parentage Act, for the purpose
43     of collecting child support;
44          (c) to collect money due the department which could act to offset expenditures by the
45     state;
46          (d) to cooperate with the federal government in programs designed to recover health
47     and social service funds;
48          (e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
49     and reimbursable expenses owed to the state or any of its political subdivisions, if the office
50     has contracted to provide collection services;
51          (f) to implement income withholding for collection of child support in accordance with
52     Part 4, Income Withholding in IV-D Cases, of this chapter;
53          (g) to enter into agreements with financial institutions doing business in the state to
54     develop and operate, in coordination with such financial institutions, a data match system in the
55     manner provided for in Section 62A-11-304.5;
56          (h) to establish and maintain the state case registry in the manner required by the Social
57     Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
58          (i) the amount of monthly or other periodic support owed under the order, and other
59     amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
60     the order;
61          (ii) any amount described in Subsection (1)(h)(i) that has been collected;
62          (iii) the distribution of collected amounts;
63          (iv) the birth date of any child for whom the order requires the provision of support;
64     and
65          (v) the amount of any lien imposed with respect to the order pursuant to this part;
66          (i) to contract with the Department of Workforce Services to establish and maintain the
67     new hire registry created under Section 35A-7-103;
68          (j) to determine whether an individual who has applied for or is receiving cash
69     assistance or Medicaid is cooperating in good faith with the office as required by Section
70     62A-11-307.2;
71          (k) to finance any costs incurred from collections, fees, General Fund appropriation,
72     contracts, and federal financial participation; [and]
73          (l) to provide notice to a noncustodial parent in accordance with Section 62A-11-304.4
74     of the opportunity to contest the accuracy of allegations by a custodial parent of nonpayment of
75     past-due child support, prior to taking action against a noncustodial parent to collect the alleged
76     past-due support[.]; and
77          (m) to conduct a review and modification of a child support order under Section
78     62A-11-304.2.
79          (2) The office may not provide child support services to the Division of Child and
80     Family Services for a calendar month when the child to whom the child support services relate
81     is:
82          (a) in the custody of the Division of Child and Family Services; and
83          (b) lives in the home of a custodial parent of the child for more than seven consecutive
84     days, regardless of whether:
85          (i) the greater than seven consecutive day period starts during one month and ends in
86     the next month; and
87          (ii) the child is living in the home on a trial basis.
88          (3) The Division of Child and Family Services is not entitled to child support, for a
89     child to whom the child support relates, for a calendar month when child support services may
90     not be provided under Subsection (2).
91          Section 2. Section 62A-11-304.2 is amended to read:
92          62A-11-304.2. Issuance or modification of an order -- Compliance with court
93     order -- Authority of office -- Stipulated agreements -- Notification requirements.
94          (1) Through an adjudicative proceeding the office may issue or modify an
95     administrative order that:
96          (a) determines paternity;
97          (b) determines whether an obligor owes support;
98          (c) determines temporary orders of child support upon clear and convincing evidence
99     of paternity in the form of genetic test results or other evidence;
100          (d) requires an obligor to pay a specific or determinable amount of present and future
101     support;
102          (e) determines the amount of past-due support;
103          (f) orders an obligor who owes past-due support and is obligated to support a child
104     receiving public assistance to participate in appropriate work activities if the obligor is
105     unemployed and is not otherwise incapacitated;
106          (g) imposes a penalty authorized under this chapter;
107          (h) determines an issue that may be specifically contested under this chapter by a party
108     who timely files a written request for an adjudicative proceeding with the office; and
109          (i) renews an administrative judgment.
110          (2) (a) An abstract of a final administrative order issued under this section or a notice
111     of judgment-lien under Section 62A-11-312.5 may be filed with the clerk of any district court.
112          (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
113          (i) docket the abstract or notice in the judgment docket of the court and note the time of
114     receipt on the abstract or notice and in the judgment docket; and
115          (ii) at the request of the office, place a copy of the abstract or notice in the file of a
116     child support action involving the same parties.
117          (3) If a judicial order has been issued, the office may not issue an order under
118     Subsection (1) that is not based on the judicial order, except:
119          (a) the office may establish a new obligation in those cases in which the juvenile court
120     has ordered the parties to meet with the office to determine the support pursuant to Section
121     78A-6-1106; [or]
122          (b) the office may issue an order of current support in accordance with the child support
123     guidelines if the conditions of Subsection 78B-14-207(2)(c) are met[.]; or
124          (c) the office may review and modify a child support order.
125          (4) The office may proceed under this section in the name of this state, another state
126     under Section 62A-11-305, any department of this state, the office, or the obligee.
127          (5) The office may accept voluntary acknowledgment of a support obligation and enter
128     into stipulated agreements providing for the issuance of an administrative order under this part.
129          (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
130     checks, money orders, or other negotiable instruments received by the office for support.
131          (7) The obligor shall, after a notice of agency action has been served on the obligor in
132     accordance with Section 63G-4-201, keep the office informed of:
133          (a) the obligor's current address;
134          (b) the name and address of current payors of income;
135          (c) availability of or access to health insurance coverage; and
136          (d) applicable health insurance policy information.
137          Section 3. Section 62A-11-320.5 is amended to read:
138          62A-11-320.5. Review and adjustment of child support order in three-year cycle.
139          (1) If a child support order has not been issued, modified, or reviewed within the
140     previous three years, the office shall review [a] the child support order, taking into account the
141     best interests of the child involved, if:
142          [(a) requested by a parent or legal guardian involved in a case receiving IV-D services;
143     or]
144          (a) (i) the office provides child support services for the child support order; and
145          (ii) the office has jurisdiction to modify the child support order under Title 78B,
146     Chapter 14, Utah Uniform Interstate Family Support Act; or
147          (b) there has been an assignment under Section 35A-3-108 and the office determines
148     that a review is appropriate.
149          [(2) If the office conducts a review under Subsection (1), the office shall determine if
150     there is a difference of 10% or more between the amount ordered and the amount that would be
151     required under the child support guidelines. If there is such a difference and the difference is
152     not of a temporary nature, the office shall: (a) with respect to a child support order issued or
153     modified by the office, adjust the amount to that which is provided for in the guidelines; or]
154          [(b) with respect to a child support order issued or modified by a court, file a petition
155     with the court to adjust the amount to that which is provided for in the guidelines.]
156          (2) The office shall make a proposed adjustment to a child support order reviewed
157     under Subsection (1), if:
158          (a) the controlling child support order followed the child support guidelines at the time
159     the order was issued or modified;
160          (b) there is a difference of 10% or more between the amount ordered in the child
161     support order and the amount that would currently be required under the child support
162     guidelines; and
163          (c) the difference described in Subsection (2)(b) is not of a temporary nature.
164          (3) The office shall file a petition or a motion with a court to modify a child support
165     order reviewed under Subsection (1), if:
166          (a) (i) the controlling child support order deviated from the child support guidelines at
167     the time the child support order was last modified, or if the child support order was not
168     modified, at the time the child support order was issued;
169          (ii) there is a difference of 10% or more between the amount ordered in the child
170     support order and the amount that would currently be required under the child support
171     guidelines; and
172          (iii) the difference described in Subsection (2)(b) is not of a temporary nature; or
173          (b) the office determines that due to the complexity of the review or modification of
174     the child support order, a court should review and modify the child support order.
175          [(3)] (4) The office may use automated methods to:
176          (a) collect information and [conduct reviews] make determinations under Subsection
177     (2) or (3); and
178          (b) identify child support orders in which there is a difference of 10% or more between
179     the amount of child support ordered and the amount that would be required under the child
180     support guidelines for review under Subsection (1)(b).
181          [(4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
182     provide notice of the request to the other parent within five days and in accordance with
183     Section 62A-11-304.4.]
184          [(b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
185     provide notice to the parties of: (i) a proposed adjustment under Subsection (2)(a); or]
186          [(ii) a proposed petition to be filed in court under Subsection (2)(b).]
187          [(5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
188     guardian may respond to a request for review filed with the office.]
189          (5) When the office conducts a review required under Subsection (1), the office shall
190     provide notice to the obligee and obligor of:
191          (a) a proposed adjustment; or
192          (b) a motion or petition that the office will file with a court.
193          [(b)] (6) Within 30 days of notice being sent under Subsection [(4)(b), a parent or legal
194     guardian] (5), an obligee or obligor may contest a proposed adjustment [or petition] by
195     requesting a review [under Subsection (1)(a)] and providing documentation that refutes the
196     adjustment or petition.
197          [(6)] (7) A showing of a substantial change in circumstances is not necessary for an
198     adjustment under this section.
199          Section 4. Section 62A-11-320.6 is amended to read:
200          62A-11-320.6. Review and adjustment of support order for substantial change in
201     circumstances outside three-year cycle.
202          (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
203     office, if there has been an assignment under Section 35A-3-108, may at any time request the
204     office to review a child support order if there has been a substantial change in circumstances.
205          (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
206     include:
207          (i) material changes in custody;
208          (ii) material changes in the relative wealth or assets of the parties;
209          (iii) material changes of 30% or more in the income of a parent;
210          (iv) material changes in the ability of a parent to earn;
211          (v) material changes in the medical needs of the child; and
212          (vi) material changes in the legal responsibilities of either parent for the support of
213     others.
214          (2) Upon receiving a request under Subsection (1), the office shall review the order,
215     taking into account the best interests of the child involved, to determine whether the substantial
216     change in circumstance has occurred, and if so, whether the change resulted in a difference of
217     15% or more between the amount of child support ordered and the amount that would be
218     required under the child support guidelines. If there is such a difference and the difference is
219     not of a temporary nature, the office shall[: (a) with respect to a support order issued or
220     modified by the office,] adjust the amount in accordance with the guidelines[; or].
221          [(b) with respect to a support order issued or modified by a court, file a petition with
222     the court to adjust the amount in accordance with the guidelines.]
223          (3) The office may use automated methods to collect information for a review
224     conducted under Subsection (2).
225          [(4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
226     provide notice of the request to the other parent within five days and in accordance with
227     Section 62A-11-304.4.]
228          [(b)] (4) If the office [initiates and] conducts a review under Subsection (1), the office
229     shall provide notice of the request to any parent or legal guardian within five days and in
230     accordance with Section 62A-11-304.4.
231          (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
232     may file a response to a request for review with the office.
233          Section 5. Section 78B-12-104 is amended to read:
234          78B-12-104. Jurisdiction to modify or vacate a support order.
235          (1) The court shall retain jurisdiction to modify or vacate [the order of support] a
236     support order where justice requires.
237          (2) The office has jurisdiction to modify a support order, as provided in Title 62A,
238     Chapter 11, Recovery Services or Title 78B, Chapter 14, Utah Uniform Interstate Family
239     Support Act.
240          Section 6. Section 78B-14-202 is amended to read:
241          78B-14-202. Duration of personal jurisdiction.
242          Personal jurisdiction acquired by a tribunal of this state in a proceeding under this
243     chapter or other law of this state relating to a support order continues as long as a tribunal of
244     this state has continuing[, exclusive] jurisdiction to modify its order or continuing jurisdiction
245     to enforce its order as provided by Sections 78B-14-205, 78B-14-206, and 78B-14-211.
246          Section 7. Section 78B-14-205 is amended to read:
247          78B-14-205. Continuing jurisdiction to modify a child support order.
248          (1) A tribunal of this state that has issued a child support order consistent with the law
249     of this state has [and shall exercise] continuing[, exclusive] jurisdiction to modify its child
250     support order if the order is the controlling order, and:
251          (a) at the time of the filing of a request for modification, this state is the residence of
252     the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
253          (b) even if this state is not the residence of the obligor, the individual obligee, or the
254     child for whose benefit the support order is issued, the parties consent in a record or in open
255     court that [the] a tribunal of this state may continue to exercise jurisdiction to modify its order.
256          (2) A tribunal of this state has continuing jurisdiction to modify a controlling order
257     issued by another tribunal of this state, as provided in Title 62A, Chapter 11, Recovery
258     Services.
259          [(2)] (3) A tribunal of this state that has issued a child support order consistent with the
260     law of this state may not exercise continuing[, exclusive] jurisdiction to modify the order if:
261          (a) all of the parties who are individuals file consent in a record with the tribunal of this
262     state that a tribunal of another state that has jurisdiction over at least one of the parties who is
263     an individual or that is located in the state of residence of the child may modify the order and
264     assume continuing, exclusive jurisdiction; or
265          [(b) its order is not the controlling order.]
266          (b) a child support ordered issued by a tribunal of another state is the controlling order.
267          [(3)] (4) If a tribunal of another state has issued a child support order pursuant to the
268     Uniform Interstate Family Support Act or a law substantially similar to the act, which modifies
269     a child support order of a tribunal of this state, tribunals of this state shall recognize the
270     continuing, exclusive jurisdiction of the tribunal of the other state.
271          [(4)] (5) A tribunal of this state that lacks continuing[, exclusive] jurisdiction to modify
272     a child support order may serve as an initiating tribunal to request a tribunal of another state to
273     modify a support order issued in that state.
274          [(5)] (6) A temporary support order issued ex parte or pending resolution of a
275     jurisdictional conflict does not create continuing[, exclusive] jurisdiction in the issuing
276     tribunal.
277          Section 8. Section 78B-14-207 is amended to read:
278          78B-14-207. Determination of controlling child support order.
279          (1) If a proceeding is brought under this chapter and only one tribunal has issued a
280     child support order, the order of that tribunal controls and shall be so recognized.
281          (2) If a proceeding is brought under this chapter, and two or more child support orders
282     have been issued by tribunals of this state, another state, or a foreign country with regard to the
283     same obligor and same child, a tribunal of this state having personal jurisdiction over both the
284     obligor and individual obligee shall apply the following rules and by order shall determine
285     which order controls and shall be recognized:
286          (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this
287     chapter, the order of that tribunal controls.
288          (b) If more than one of the tribunals would have continuing[, exclusive] jurisdiction
289     under this chapter, [an] the most recent order issued by a tribunal in the current home state of
290     the child controls, or if an order has not been issued in the current home state of the child, the
291     order most recently issued controls.
292          (c) If none of the tribunals would have continuing[, exclusive] jurisdiction under this
293     chapter, [the] a tribunal of this state shall issue a child support order, which controls.
294          (3) If two or more child support orders have been issued for the same obligor and same
295     child, upon request of a party who is an individual or that is a support enforcement agency, a
296     tribunal of this state having personal jurisdiction over both the obligor and the obligee who is
297     an individual shall determine which order controls under Subsection (2). The request may be
298     filed with a registration for enforcement or registration for modification pursuant to Part 6,
299     Registration, Enforcement, and Modification of Support Order, or may be filed as a separate
300     proceeding.
301          (4) A request to determine which is the controlling order shall be accompanied by a
302     copy of every child support order in effect and the applicable record of payments. The
303     requesting party shall give notice of the request to each party whose rights may be affected by
304     the determination.
305          (5) The tribunal that issued the controlling order under Subsection (1), (2), or (3) has
306     continuing jurisdiction to the extent provided in Section 78B-14-205 or 78B-14-206.
307          (6) A tribunal of this state that determines by order which is the controlling order under
308     Subsection (2)(a), (b), or (3) that issues a new controlling order under Subsection (2)(c), shall
309     state in that order:
310          (a) the basis upon which the tribunal made its determination;
311          (b) the amount of prospective support, if any; and
312          (c) the total amount of consolidated arrears and accrued interest, if any, under all of the
313     orders after all payments made are credited as provided by Section 78B-14-209.
314          (7) Within 30 days after issuance of an order determining which is the controlling
315     order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or
316     registered an earlier order of child support. A party or support enforcement agency obtaining
317     the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in
318     which the issue of failure to file arises. The failure to file does not affect the validity or
319     enforceability of the controlling order.
320          (8) An order that has been determined to be the controlling order, or a judgment for
321     consolidated arrears of support and interest, if any, made pursuant to this section shall be
322     recognized in proceedings under this chapter.
323          Section 9. Effective date.
324          This bill takes effect on January 1, 2019.




Legislative Review Note
Office of Legislative Research and General Counsel