§ 78B-14-701.5 Definitions
§ 78B-14-702 Applicability
§ 78B-14-703 Relationship of Department of Human Services to United States central authority
§ 78B-14-704 Initiation by Department of Human Services of support proceeding under convention
§ 78B-14-705 Direct request
§ 78B-14-706 Registration of convention support order
§ 78B-14-707 Contest of registered convention support order
§ 78B-14-708 Recognition and enforcement of registered convention support order
§ 78B-14-709 Partial enforcement
§ 78B-14-710 Foreign support agreement
§ 78B-14-711 Modification of convention child support order
§ 78B-14-712 Personal information — Limit on use
§ 78B-14-713 Record in original language — English translation

Terms Used In Utah Code > Title 78B > Chapter 14 > Part 7 - Support Proceedings Under Convention

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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. See 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
  • Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. 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
  • Convention support order: means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d). See Utah Code 78B-14-701.5
  • 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. See Utah Code 78B-14-701.5
  • 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 support order: means a support order of a foreign tribunal. 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
  • Fraud: Intentional deception resulting in injury to another.
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
  • Jurisdiction: (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.
  • Law: includes decisional and statutory law and rules and regulations having the force of law. 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. 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 enforcement agency: means a public official, governmental entity, or private agency authorized to:
    (a) seek enforcement of support orders or laws relating to the duty of support;
    (b) seek establishment or modification of child support;
    (c) request determination of parentage of a child;
    (d) attempt to locate obligors or their assets; or
    (e) request determination of the controlling child support order. 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
  • United States central authority: means the Secretary of the United States Department of Health and Human Services. See Utah Code 78B-14-701.5