26B-9-113. Mandatory distribution to obligee through electronic funds transfer.
| (1) |
Notwithstanding any provision of this chapter to the contrary, the office shall, except as provided in Subsection (3), distribute child support payments, under Subsection 26B-9-312(2) or Section 26B-9-406, by electronic funds transfer. |
Terms Used In Utah Code 26B-9-113
- Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
- Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- 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
- Office: means the Office of Recovery Services. See Utah Code 26B-9-101
- Person: means :Utah Code 68-3-12.5
| (2) |
Distribution of child support payments by electronic payment under this section shall be made to:
| (a) |
an account of the obligee; or |
| (b) |
an account that may be accessed by the obligee through the use of an electronic access card. |
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| (3) |
| (b) |
The rules described in Subsection (3)(a) may only allow exceptions under circumstances where:
| (i) |
requiring distribution by electronic funds transfer would result in an undue hardship to the office or a person; or |
| (ii) |
it is not likely that distribution will be made to the obligee on a recurring basis. |
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Renumbered and Amended by Chapter 305, 2023 General Session
