26B-9-223.  Posting bond or security for payment of support debt — Procedure.

(1)  The office shall, or an obligee may, petition the court for an order requiring an obligor to post a bond or provide other security for the payment of a support debt, if the office or an obligee determines that action is appropriate, and if the payments are more than 90 days delinquent. The office shall establish rules for determining when it shall seek an order for bond or other security.

Terms Used In Utah Code 26B-9-223

  • Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-201
  • Obligor: means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-201
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-201
  • Support: includes past-due, present, and future obligations established by:
(a) a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and
(b) a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201
  • Support debt: means the debt created by nonpayment of support. See Utah Code 26B-9-201
    • (2)  When the office or an obligee petitions the court under this section, it shall give written notice to the obligor, stating:

    (a)  the amount of support debt;

    (b)  that it has petitioned the court for an order requiring the obligor to post security; and

    (c)  that the obligor has the right to appear before the court and contest the office’s or obligee’s petition.

    (3)  After notice to the obligor and an opportunity for a hearing, the court shall order a bond posted or other security to be deposited upon the office’s or obligee’s showing of a support debt and of a reasonable basis for the security.

    Renumbered and Amended by Chapter 305, 2023 General Session

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