Representative Clare Collard proposes the following substitute bill:


1     
CHILD SUPPORT STATUTE OF LIMITATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Clare Collard

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the statute of limitations for child support.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the statute of limitations for child support orders and sum certain judgments
13     for past due support;
14          ▸     addresses retroactivity; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-5-202, as last amended by Laws of Utah 2014, Chapter 151
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78B-5-202 is amended to read:

26          78B-5-202. Duration of judgment -- Judgment as a lien upon real property --
27     Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child
28     support orders.
29          (1) [Judgments] A judgment shall continue for eight years from the date of entry in a
30     court unless:
31          (a) previously satisfied [or unless]; or
32          (b) enforcement of the judgment is stayed in accordance with law.
33          (2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of
34     judgment by a district court creates a lien upon the real property of the judgment debtor, not
35     exempt from execution, owned or acquired during the existence of the judgment, located in the
36     county in which the judgment is entered.
37          (3) An abstract of judgment issued by the court in which the judgment is entered:
38          (a) may be filed in any court of this state; and
39          (b) shall have the same force and effect as a judgment entered in that court.
40          (4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small
41     claims division of any court may not qualify as a lien upon real property unless abstracted to
42     the civil division of the district court and recorded in accordance with Subsection (3).
43          (5) (a) If any judgment is appealed, upon deposit with the court where the notice of
44     appeal is filed of cash or other security in a form and amount considered sufficient by the court
45     that rendered the judgment to secure the full amount of the judgment, together with ongoing
46     interest and any other anticipated damages or costs, including attorney fees and costs on appeal,
47     the lien created by the judgment shall be terminated as provided in Subsection (5)(b).
48          (b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court
49     shall enter an order terminating the lien created by the judgment and granting the judgment
50     creditor a perfected lien in the deposited security as of the date of the original judgment.
51          (6) (a) A child support order or a sum certain judgment for past due support may be
52     enforced:
53          (i) within [four years after the date the youngest child reaches majority] 12 years after
54     the day on which the youngest child reaches 18 years old; or
55          (ii) eight years from [the date of entry of the sum certain judgment entered by a
56     tribunal] the day on which the sum certain judgment is entered by a court.

57          (b) The longer period of duration shall apply in every order.
58          (c) A sum certain judgment may be renewed to extend the duration.
59          (d) Subsection (6)(a)(i) applies to a child support order or a sum certain judgment for
60     past due support entered on or after May 4, 2000.
61          (e) Subsection (6)(a)(i) does not revive a cause of action for a child support order or a
62     sum certain judgment for past due support that was time barred on or before May 4, 2022.
63          (7) (a) After July 1, 2002, a judgment entered by a district court or a justice court in the
64     state becomes a lien upon real property if:
65          (i) the judgment or an abstract of the judgment containing the information identifying
66     the judgment debtor as described in Subsection 78B-5-201(4)(b) is recorded in the office of the
67     county recorder; or
68          (ii) the judgment or an abstract of the judgment and a separate information statement of
69     the judgment creditor as described in Subsection 78B-5-201(5) is recorded in the office of the
70     county recorder.
71          (b) The judgment shall run from the date of entry by the district court or justice court.
72          (c) The real property subject to the lien includes all the real property of the judgment
73     debtor:
74          (i) in the county in which the recording under Subsection (7)(a)(i) or (ii) occurs; and
75          (ii) owned or acquired at any time by the judgment debtor during the time the judgment
76     is effective.
77          (d) [State agencies are] A state agency is exempt from the recording requirement of
78     Subsection (7)(a).
79          (8) (a) A judgment referred to in Subsection (7) shall be entered under the name of the
80     judgment debtor in the judgment index in the office of the county recorder as required in
81     Section 17-21-6.
82          (b) A judgment containing a legal description shall also be abstracted in the appropriate
83     tract index in the office of the county recorder.
84          (9) (a) To release, assign, renew, or extend a lien created by a judgment recorded in the
85     office of a county recorder, a person shall, in the office of the county recorder of each county in
86     which an instrument creating the lien is recorded, record a document releasing, assigning,
87     renewing, or extending the lien.

88          (b) The document described in Subsection (9)(a) shall include:
89          (i) the date of the release, assignment, renewal, or extension;
90          (ii) the name of any judgment creditor, debtor, assignor, or assignee; and
91          (iii) for the county in which the document is recorded in accordance with Subsection
92     (9)(a):
93          (A) the date on which the instrument creating the lien was recorded in that county's
94     office of the county recorder; and
95          (B) in accordance with Section 57-3-106, that county recorder's entry number and book
96     and page of the recorded instrument creating the judgment lien.