78B-14-701.5.  Definitions.
     As used in this part:

(1)  “Application” means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

Terms Used In Utah Code 78B-14-701.5

  • Central authority: means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention. See Utah Code 78B-14-701.5
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102
  • Convention: means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Utah Code 78B-14-102
  • Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(a) which has been declared under the law of the United States to be a foreign reciprocating country;
(b) which has established a reciprocal arrangement for child support with this state as provided in Section 78B-14-308;
(c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
(d) in which the convention is in force with respect to the United States. See Utah Code 78B-14-102
  • Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
  • Obligee: means :
    (a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
    (b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
    (c) an individual seeking a judgment determining parentage of the individual's child; or
    (d) a person who is a creditor in a proceeding under 7. See Utah Code 78B-14-102
  • Obligor: means an individual who, or the estate of a decedent that:
    (a) owes or is alleged to owe a duty of support;
    (b) is alleged but has not been adjudicated to be a parent of a child;
    (c) is liable under a support order; or
    (d) is a debtor in a proceeding under 7. See Utah Code 78B-14-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-14-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-14-102
  • Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Utah Code 78B-14-102
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  “Central authority” means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention.

    (3)  “Convention support order” means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d).

    (4)  “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

    (5)  “Foreign central authority” means the entity designated by a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention.

    (6)  “Foreign support agreement”:

    (a)  means an agreement for support in a record that:

    (i)  is enforceable as a support order in the country of origin;

    (ii)  has been:

    (A)  formally drawn up or registered as an authentic instrument by a foreign tribunal; or

    (B)  authenticated by, or concluded, registered, or filed with a foreign tribunal; and

    (iii)  may be reviewed and modified by a foreign tribunal; and

    (b)  includes a maintenance arrangement or authentic instrument under the convention.

    (7)  “United States central authority” means the Secretary of the United States Department of Health and Human Services.

    Revisor instructions Chapter 245, 2013 General Session
    Enacted by Chapter 412, 2011 General Session

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