26B-9-209.  Support collection services requested by agency of another state.

(1)  In accordance with Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, the office may proceed to issue or modify an order under Section 26B-9-206 to collect under this part from an obligor who is located in or is a resident of this state regardless of the presence or residence of the obligee if:

Terms Used In Utah Code 26B-9-209

(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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See 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
  • 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
  • Support order: means the same as child support order. See Utah Code 26B-9-201
    • (a)  support collection services are requested by an agency of another state that is operating under Part IV-D of the Social Security Act; or

    (b)  an individual applies for services.

    • (2)  The office shall use high-volume automated administrative enforcement, to the same extent it is used for intrastate cases, in response to a request made by another state’s IV-D child support agency to enforce support orders.

    (3)  A request by another state shall constitute a certification by the requesting state:

    (a)  of the amount of support under the order of payment of which is in arrears; and

    (b)  that the requesting state has complied with procedural due process requirements applicable to the case.

    (4)  The office shall give automated administrative interstate enforcement requests the same priority as a two-state referral received from another state to enforce a support order.

    (5)  The office shall promptly report the results of the enforcement procedures to the requesting state.

    (6)  As required by the Social Security Act, 42 U.S.C. § 666(a)(14), the office shall maintain records of:

    (a)  the number of requests for enforcement assistance received by the office under this section;

    (b)  the number of cases for which the state collected support in response to those requests; and

    (c)  the amount of support collected.

    Renumbered and Amended by Chapter 305, 2023 General Session

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