26B-9-214. Liens by operation of law and writs of garnishment.
(1)
Each payment or installment of childsupport is, on and after the date it is due, a judgment with the same attributes and effect of any judgment of a district court in accordance with Section 78B-12-112 and for purposes of Section 78B-5-202.
Terms Used In Utah Code 26B-9-214
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
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
Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-201
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Lien: A claim against real or personal property in satisfaction of a debt.
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
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
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
(2)
(a)
A judgment under Subsection (1) or final administrative order shall constitute a lien against the real property of the obligor upon the filing of a notice of judgment-lien in the district court where the obligor’s real property is located if the notice:
(i)
specifies the amount of past-due support; and
(ii)
complies with the procedural requirements of Section 78B-5-202.
(b)
Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to execute a judgment or final administrative order under this section against real or personal property in the obligor’s possession.
(3)
(a)
The office may issue a writ of garnishment against the obligor’s personal property in the possession of a third party for a judgment under Subsection (1) or a final administrative order in the same manner and with the same effect as if the writ were issued on a judgment of a district court if:
(i)
the judgment or final administrative order is recorded on the office’s automated case registry; and
(ii)
the writ is signed by the director or the director’s designee and served by certified mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
(b)
A writ of garnishment issued under Subsection (3)(a) is subject to the procedures and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as provided by Section 26B-9-217.
Renumbered and Amended by Chapter 305, 2023 General Session
