26B-9-206.  Issuance or modification of administrative order — Compliance with court order — Authority of office — Stipulated agreements — Notification requirements.

(1)  Through an adjudicative proceeding the office may issue or modify an administrative order that:

Terms Used In Utah Code 26B-9-206

(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
  • Child support guidelines: means guidelines as defined in Section 78B-12-102. See Utah Code 26B-9-201
  • Court order: means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. See Utah Code 26B-9-201
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Notice of agency action: means the notice required to commence an adjudicative proceeding in accordance with Section 63G-4-201. See Utah Code 26B-9-201
  • 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.
  • 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
  • Past-due support: means the same as support debt. 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)  determines paternity;

    (b)  determines whether an obligor owes support;

    (c)  determines temporary orders of child support upon clear and convincing evidence of paternity in the form of genetic test results or other evidence;

    (d)  requires an obligor to pay a specific or determinable amount of present and future support;

    (e)  determines the amount of past-due support;

    (f)  orders an obligor who owes past-due support and is obligated to support a child receiving public assistance to participate in appropriate work activities if the obligor is unemployed and is not otherwise incapacitated;

    (g)  imposes a penalty authorized under this chapter;

    (h)  determines an issue that may be specifically contested under this chapter by a party who timely files a written request for an adjudicative proceeding with the office; and

    (i)  renews an administrative judgment.

    • (2) 

    (a)  An abstract of a final administrative order issued under this section or a notice of judgment-lien under Section 26B-9-214 may be filed with the clerk of any district court.

    (b)  Upon a filing under Subsection (2)(a), the clerk of the court shall:

    (i)  docket the abstract or notice in the judgment docket of the court and note the time of receipt on the abstract or notice and in the judgment docket; and

    (ii)  at the request of the office, place a copy of the abstract or notice in the file of a child support action involving the same parties.

    (3)  If a judicial order has been issued, the office may not issue an order under Subsection (1) that is not based on the judicial order, except:

    (a)  the office may establish a new obligation in those cases in which the juvenile court has ordered the parties to meet with the office to determine the support pursuant to Section 78A-6-356; or

    (b)  the office may issue an order of current support in accordance with the child support guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.

    (4)  The office may proceed under this section in the name of this state, another state under Section 26B-9-209, any department of this state, the office, or the obligee.

    (5)  The office may accept voluntary acknowledgment of a support obligation and enter into stipulated agreements providing for the issuance of an administrative order under this part.

    (6)  The office may act in the name of the obligee in endorsing and cashing any drafts, checks, money orders, or other negotiable instruments received by the office for support.

    (7)  The obligor shall, after a notice of agency action has been served on the obligor in accordance with Section 63G-4-201, keep the office informed of:

    (a)  the obligor’s current address;

    (b)  the name and address of current payors of income;

    (c)  availability of or access to health insurance coverage; and

    (d)  applicable health insurance policy information.

    Renumbered and Amended by Chapter 305, 2023 General Session

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