Utah Code 26B-9-219. Payment schedules

26B-9-219. Payment schedules.

(1)

The office may:

Terms Used In Utah Code 26B-9-219

Adjudicative proceeding: means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. 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

Income: means the same as that term is defined in Section 26B-9-101. 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

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)	set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the obligor; or

(b)	demand payment in full.

(2)

If a support debt is reduced to a schedule of payments and made subject to income withholding, the total monthly amount of the scheduled payment, current support payment, and cost of health insurance attributable to a child for whom the obligor has been ordered may only be subject to income withholding in an amount that does not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).

(3)

(a)	Within 15 days of receiving notice, an obligor may contest a payment schedule as inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules under Subsection (1) by filing a written request for an adjudicative proceeding.

(b)

For purposes of Subsection (3)(a), notice includes:

(i)	notice sent to the obligor by the office in accordance with Section 26B-9-207;

(ii)	participation by the obligor in the proceedings related to the establishment of the payment schedule; and

(iii)

receiving a paycheck in which a reduction has been made in accordance with a payment schedule established under Subsection (1).

Renumbered and Amended by Chapter 305, 2023 General Session

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