Utah Code 26B-9-212. Collection directly from responsible parent

26B-9-212. Collection directly from responsible parent.

(1)

Terms Used In Utah Code 26B-9-212

Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
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

Dependent: A person dependent for support upon another.

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

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

Past-due support: means the same as support debt. See Utah Code 26B-9-201

Public assistance: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201

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 office may issue or modify an order under Section 26B-9-206 and collect under this part directly from a responsible parent if the procedural requirements of applicable law have been met and if public assistance is provided on behalf of that parent’s dependent child.

(b)	The direct right to issue an order under this Subsection (1) is independent of and in addition to the right derived from that assigned under Section 35A-3-108.

(2)	An order issuing or modifying a support obligation under Subsection (1), issued while public assistance was being provided for a dependent child, remains in effect and may be enforced by the office under Section 26B-9-210 after provision of public assistance ceases.

(3)

(a)

The office may issue or modify an administrative order, subject to the procedural requirements of applicable law, that requires that obligee to pay to the office assigned support that an obligee receives and retains in violation of Subsection 26B-9-213(4) and may reduce to judgment any unpaid balance due.

(b)	The office may collect the judgment debt in the same manner as it collects any judgment for past-due support owed by an obligor.

(4)

Notwithstanding any other provision of law, the Office of Recovery Services shall have full standing and authority to establish and enforce child support obligations against an alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of Recovery Services’ authority against other mothers and fathers.

Renumbered and Amended by Chapter 305, 2023 General Session

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