Utah Code 26B-9-230. Right to judicial review

26B-9-230. Right to judicial review.

(1)

Terms Used In Utah Code 26B-9-230

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
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

Child support order: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

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.

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.

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)	Within 30 days of notice of any administrative action on the part of the office to establish paternity or establish, modify or enforce a child support order, the obligor may file a petition for de novo review with the district court.

(b)

For purposes of Subsection (1)(a), notice includes:

(i)	notice actually received by the obligor in accordance with Section 26B-9-207;

(ii)	participation by the obligor in the proceedings related to the establishment of the paternity or the modification or enforcement of child support; or

(iii)

receiving a paycheck in which a reduction has been made for child support.

(2)	The petition shall name the office and all other appropriate parties as respondents and meet the form requirements specified in Section 63G-4-402.

(3)	A copy of the petition shall be served upon the Child and Family Support Division of the Office of Attorney General.

(4)

(a)	If the petition is regarding the amount of the child support obligation established in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court may issue a temporary order for child support until a final order is issued.

(b)	The petitioner may file an affidavit stating the amount of child support reasonably believed to be due and the court may issue a temporary order for that amount. The temporary order shall be valid for 60 days, unless extended by the court while the action is being pursued.

(c)	If the court upholds the amount of support established in Subsection (4)(a), the petitioner shall be ordered to make up the difference between the amount originally ordered in Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).

(d)	This Subsection (4) does not apply to an action for the court-ordered modification of a judicial child support order.

(5)

The court may, on its own initiative and based on the evidence before it, determine whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court determines that U.R. Civ. P. Rule 11 was violated, it shall, at a minimum, award to the office attorney fees and costs for the action.

(6)	Nothing in this section precludes the obligor from seeking administrative remedies as provided in this chapter.

Renumbered and Amended by Chapter 305, 2023 General Session

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