| (1) |
Terms Used In Utah Code 78B-12-113- 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, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 78B-12-102- Child 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-12-102
- Court: means the district court or juvenile court. See Utah Code 78B-12-102
- 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 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-12-102
- Obligor: means a person owing a duty of support. See Utah Code 78B-12-102
- Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102
- Person: means :Utah Code 68-3-12.5
- State: includes 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
- Statute: A law passed by a legislature.
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| (a) |
The obligee may enforce his right of support against the obligor. The office may proceed pursuant to this chapter or any other applicable statute on behalf of:
| (i) |
the Department of Health and Human Services; |
| (ii) |
any other department or agency of this state that provides public assistance, as defined by Subsection 26B-9-201(4), to enforce the right to recover public assistance; or |
| (iii) |
the obligee, to enforce the obligee’s right of support against the obligor. |
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| (b) |
Whenever any court action is commenced by the office to enforce payment of the obligor’s support obligation, the attorney general or the county attorney of the county of residence of the obligee shall represent the office. |
| (2) |
| (a) |
A person may not commence an action, file a pleading, or submit a written stipulation to the court, without complying with Subsection (2)(b), if the purpose or effect of the action, pleading, or stipulation is to:
| (ii) |
establish or modify a support obligation; |
| (iii) |
change the court-ordered manner of payment of support; |
| (iv) |
recover support due or owing; or |
| (v) |
appeal issues regarding child support laws. |
|
| (b) |
| (i) |
When taking an action described in Subsection (2)(a), a person must file an affidavit with the court at the time the action is commenced, the pleading is filed, or the stipulation is submitted stating whether child support services have been or are being provided under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child who is a subject of the action, pleading, or stipulation. |
| (ii) |
If child support services have been or are being provided, under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and a copy of the pleading or stipulation to the Office of the Attorney General, Child Support Division. |
| (iii) |
If notice is not given in accordance with this Subsection (2), the office is not bound by any decision, judgment, agreement, or compromise rendered in the action. For purposes of appeals, service must be made on the Office of the Director for the Office of Recovery Services. |
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| (c) |
If IV-D services have been or are being provided, that person shall join the office as a party to the action, or mail or deliver a written request to the Office of the Attorney General, Child Support Division asking the office to join as a party to the action. A copy of that request, along with proof of service, shall be filed with the court. The office shall be represented as provided in Subsection (1)(b). |
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| (3) |
Neither the attorney general nor the county attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying out the duties under this chapter. |
Amended by Chapter 330, 2023 General Session
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