Utah Code 26B-9-204. Annual fee for child support services to a custodial parent who has not received TANF assistance

26B-9-204. Annual fee for child support services to a custodial parent who has not received TANF assistance.

(1)

The office shall impose an annual fee of $35 in each case in which services are provided by the office if:

Terms Used In Utah Code 26B-9-204

Assistance: means public assistance as defined in Section 26B-9-101. See Utah Code 26B-9-201
Child: means :

(a)	a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b)	a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c)

a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201

Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Office: means the Office of Recovery Services. See Utah Code 26B-9-201

Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201

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

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
(a)	the custodial parent who received the services has never received assistance under a state program funded under Title IV, Part A of the Social Security Act; and

(b)	the office has collected at least $550 of child support in the case.

(2)

The fee described in Subsection (1) shall be:

(a)	subject to Subsection (3), retained by the office from child support collected on behalf of the custodial parent described in Subsection (1)(a); or

(b)	paid by the custodial parent described in Subsection (1)(a).

(3)	A fee retained under Subsection (2)(a) may not be retained from the first $550 of child support collected in the case.

(4)	The fees collected under this section shall be deposited in the General Fund as a dedicated credit to be used by the office for the purpose of collecting child support.

Renumbered and Amended by Chapter 305, 2023 General Session

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