26B-9-107.  Office may file as real party in interest — Written consent to payment agreements — Money judgment in favor of obligee considered to be in favor of office to extent of right to recover.

(1)  The office may file judicial proceedings as a real party in interest to establish, modify, and enforce a support order in the name of the state, any department of the state, the office, or an obligee.

Terms Used In Utah Code 26B-9-107

  • Assistance: means public assistance. See Utah Code 26B-9-101
  • Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-101
  • Obligor: means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-101
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-101
  • Person: means :Utah Code 68-3-12.5
  • Public assistance: means :
(a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
(b) medical assistance provided under 1;
(c) foster care maintenance payments under Part E of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101
  • 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
  • (2)  No agreement between an obligee and an obligor as to past, present, or future obligations, reduces or terminates the right of the office to recover from that obligor on behalf of the department for public assistance provided, unless the department has consented to the agreement in writing.

    (3)  Any court order that includes a money judgment for support to be paid to an obligee by any person is considered to be in favor of the office to the extent of the amount of the office’s right to recover public assistance from the judgment debtor.

    Renumbered and Amended by Chapter 305, 2023 General Session