| (c) | a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 78B-12-102Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 78B-12-102Court: means the district court or juvenile court. See Utah Code 78B-12-102Income: includes :| (i) | all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets; |
| (ii) | interest and dividends; |
| (iii) | periodic payments made under pension or retirement programs or insurance policies of any type; |
| (iv) | unemployment compensation benefits; |
| (v) | workers' compensation benefits; and |
| (vi) | disability benefits. See Utah Code 78B-12-102Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Lien: A claim against real or personal property in satisfaction of a debt.Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5Obligee: means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 78B-12-102Obligor: means a person owing a duty of support. See Utah Code 78B-12-102Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102support order: means a judgment, decree, or order of a tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise that:| (a) | establishes or modifies child support; |
| (b) | reduces child support arrearages to judgment; or |
| (c) | establishes child support or registers a child support order under Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 78B-12-102Third party: means an agency or a person other than the biological or adoptive parent or a child who provides care, maintenance, and support to a child. See Utah Code 78B-12-102Tribunal: means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 78B-12-102 |
| (2) |
For purposes of child support services and income withholding pursuant to 2, and 3, child support is not considered past due until the 1st day of the following month. For purposes other than those specified in Subsection (1) support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment. |
| (3) |
Each payment or installment of child or spousal support under any support order, as defined by Section 78B-12-102, is, on and after the date it is due:
| (a) |
a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (4); |
| (b) |
entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and |
| (c) |
not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (4). |
|
| (4) |
A child or spousal support payment under a support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the obligee is the petitioner. If the tribunal orders that the support should be modified, the effective date of the modification shall be the month following service on the parent whose support is affected. Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered. |
| (5) |
The judgment provided for in Subsection (3)(a), to be effective and enforceable as a lien against the real property interest of any third party relying on the public record, shall be docketed in the district court in accordance with Sections 78B-5-202 and 26B-9-214. |
Amended by Chapter 330, 2023 General Session
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