78A-6-356. Child support obligation when custody of a child is vested in an individual or institution.
| (1) |
As used in this section:
Terms Used In Utah Code 78A-6-356- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
“Office” means the Office of Recovery Services. |
| (b) |
“State custody” means that a child is in the custody of a state department, division, or agency, including secure care. |
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| (2) |
Under this section, a juvenile court may not issue a child support order against an individual unless:
| (a) |
the individual is served with notice that specifies the date and time of a hearing to determine the financial support of a specified child; |
| (b) |
the individual makes a voluntary appearance; or |
| (c) |
the individual submits a waiver of service. |
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| (3) |
Except as provided in Subsection (11), when a juvenile court places a child in state custody or if the guardianship of the child has been granted to another party and an agreement for a guardianship subsidy has been signed by the guardian, the juvenile court:
| (a) |
shall order the child’s parent, guardian, or other obligated individual to pay child support for each month the child is in state custody or cared for under a grant of guardianship; |
| (c) |
may refer the establishment of a child support order to the office. |
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| (4) |
When a juvenile court chooses to refer a case to the office to determine support obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the juvenile court shall:
| (a) |
make the referral within three working days after the day on which the juvenile court holds the hearing described in Subsection (2)(a); and |
| (b) |
inform the child’s parent, guardian, or other obligated individual of:
| (i) |
the requirement to contact the office within 30 days after the day on which the juvenile court holds the hearing described in Subsection (2)(a); and |
| (ii) |
the penalty described in Subsection (6) for failure to contact the office. |
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| (5) |
Liability for child support ordered under Subsection (3) shall accrue:
| (a) |
except as provided in Subsection (5)(b), beginning on day 61 after the day on which the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child support order for the child; or |
| (b) |
beginning on the day the child is removed from the child’s home, including time spent in detention or sheltered care, if the child is removed after having been returned to the child’s home from state custody. |
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| (6) |
| (a) |
If the child’s parent, guardian, or other obligated individual contacts the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a), the child support order may not include a judgment for past due support for more than two months. |
| (b) |
Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the liability of support to begin to accrue from the date of the proceeding referenced in Subsection (3) if:
| (i) |
the court informs the child’s parent, guardian, or other obligated individual, as described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and |
| (ii) |
the office took reasonable steps under the circumstances to contact the child’s parent, guardian, or other obligated individual within 30 days after the last day on which the parent, guardian, or other obligated individual was required to contact the office to facilitate the establishment of a child support order. |
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| (c) |
For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable steps if the office:
| (i) |
has a signed, returned receipt for a certified letter mailed to the address of the child’s parent, guardian, or other obligated individual regarding the requirement that a child support order be established; or |
| (ii) |
has had a documented conversation, whether by telephone or in person, with the child’s parent, guardian, or other obligated individual regarding the requirement that a child support order be established. |
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| (7) |
In collecting arrears, the office shall comply with Section 26B-9-219 in setting a payment schedule or demanding payment in full. |
| (8) |
| (a) |
Unless a court orders otherwise, the child’s parent, guardian, or other obligated individual shall pay the child support to the office. |
| (b) |
The clerk of the juvenile court, the office, or the department and the department’s divisions shall have authority to receive periodic payments for the care and maintenance of the child, such as social security payments or railroad retirement payments made in the name of or for the benefit of the child. |
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| (9) |
An existing child support order payable to a parent or other individual shall be assigned to the department as provided in Section 26B-9-111. |
| (10) |
| (a) |
Subsections (4) through (9) do not apply if legal custody of a child is vested by the juvenile court in an individual. |
| (b) |
| (i) |
If legal custody of a child is vested by the juvenile court in an individual, the court may order the child’s parent, guardian, or other obligated individual to pay child support to the individual in whom custody is vested. |
| (ii) |
In the same proceeding, the juvenile court shall inform the child’s parent, guardian, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support Act. |
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| (11) |
The juvenile court may not order an individual to pay child support for a child in state custody if:
| (a) |
the individual’s only form of income is a government-issued disability benefit; |
| (b) |
the benefit described in Subsection (11)(a) is issued because of the individual’s disability, and not the child’s disability; and |
| (c) |
the individual provides the juvenile court and the office evidence that the individual meets the requirements of Subsections (11)(a) and (b). |
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| (12) |
| (a) |
The child’s parent or another obligated individual is not responsible for child support for the period of time that the child is removed from the child’s home by the Division of Child and Family Services if:
| (i) |
the juvenile court finds that there were insufficient grounds for the removal of the child; and |
| (ii) |
the child is returned to the home of the child’s parent or guardian based on the finding described in Subsection (12)(a)(i). |
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| (b) |
If the juvenile court finds insufficient grounds for the removal of the child under Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order that the child’s parent or another obligated individual is responsible for child support beginning on the day on which it became improper to return the child to the home of the child’s parent or guardian. |
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| (13) |
After the juvenile court or the office establishes an individual’s child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the juvenile court if:
| (a) |
the individual’s child support obligation is established under the low income table in Section 78B-12-302 or 78B-12-304; or |
| (b) |
the individual’s only source of income is a means-tested, income replacement payment of aid, including:
| (i) |
cash assistance provided under 3; or |
| (ii) |
cash benefits received under General Assistance, social security income, or social security disability income. |
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Amended by Chapter 330, 2023 General Session
