Title 26B, Title 26B: Utah Health and Human Services Code

26B-9-106. Adjudicative proceedings. The office and the department shall comply with the procedures and requirements of, in their adjudicative proceedings.

26B-9-107. Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover. (1) The office may file judicial proceedings as a real party in interest to estab…

26B-9-108. Director -- Powers of office -- Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement -- Meetings. (1) The director of the office shall be appointed by the executive director. (2) The office has power to administer oat…

26B-9-109. Office designated as criminal justice agency -- Access by IV-D agencies to motor vehicle and law enforcement data through the office. (1) The office is designated as a criminal justice agency for the purpose of requesting and obtaining access to criminal justice inform…

26B-9-110. Lien provisions. Provisions for collection of any lien placed as a condition of eligibility for any federally or state-funded public assistance program are as follows: (1) Any assistance granted after July 1, 1953 to the spouse of an old-age recipient who was not eligi…

26B-9-111. Assignment of support -- Children in state custody. (1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days. (2) Th…

26B-9-112. Alternative payment by obligor through electronic funds transfer. (1) The office may enter into a written alternative payment agreement with an obligor that provides for electronic payment of: child support under, or; or Part 3, Income Withholding in IV-D Cases Part 4,…

26B-9-113. Mandatory distribution to obligee through electronic funds transfer. (1) Notwithstanding any provision of this chapter to the contrary, and except as provided in Subsection, the office shall distribute: (3) a child support payment under Subsectionor Sectionby electroni…

26B-9-114. Collection of spousal support after child support ends. (1) An obligee may request that the office continue to collect spousal support on behalf of the obligee if: the office has been collecting spousal support for the obligee as a part of child support; and the office…

26B-9-201. Definitions. As used in this part: (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) "Administrative order" means an order that has been issued by the office, …

26B-9-202. Common-law and statutory remedies augmented by act. (1) The state of Utah, exercising its police and sovereign power, declares that the common-law and statutory remedies pertaining to family desertion and nonsupport of children shall be augmented by this part, which is…

26B-9-203. Application for child support services. (1) Any person applying to the office for child support services shall be required to attest to the truthfulness of the information contained in the application. (2) The attestation shall indicate that the person believes that al…

26B-9-204. Annual fee for child support services to a custodial parent who has not received TANF assistance. (1) The office shall impose an annual fee of $35 in each case in which services are provided by the office if: the custodial parent who received the services has never rec…

26B-9-205. Expedited procedures for establishing parentage or establishing, modifying, or enforcing a support order. (1) The office may, without the necessity of initiating an adjudicative proceeding or obtaining an order from any other judicial or administrative tribunal, take t…

26B-9-206. Issuance or modification of administrative order -- Compliance with court order -- Authority of office -- Stipulated agreements -- Notification requirements. (1) Through an adjudicative proceeding the office may issue or modify an administrative order that: determines …

26B-9-207. Filing of location information -- Service of process. (1) Upon the entry of an order in a proceeding to establish parentage or to establish, modify, or enforce a support order, each party shall file identifying information and shall update that information as changes o…

26B-9-208. Financial institutions. (1) The office shall enter into agreements with financial institutions doing business in the state: to develop and operate, in coordination with such financial institutions, a data match system that: uses automated data exchanges to the maximum …

26B-9-209. Support collection services requested by agency of another state. (1) In accordance with Title 81, Chapter 8, Uniform Interstate Family Support Act, the office may proceed to issue or modify an order under Sectionto collect under this part from an obligor who is locate…

26B-9-210. Issuance or modification of an order to collect support for persons not receiving public assistance. The office may proceed to issue or modify an order under Sectionand collect under this part even though public assistance is not being provided on behalf of a child if …

26B-9-211. Mandatory review and adjustment of child support orders for TANF recipients. If a child support order has not been issued, adjusted, or modified within the previous three years and the children who are the subject of the order currently receive TANF funds, the office s…

26B-9-212. Collection directly from responsible parent. (1) The office may issue or modify an order under Sectionand collect under this part directly from a responsible parent if the procedural requirements of applicable law have been met and if public assistance is provided on b…

26B-9-213. Duties of obligee after assignment of support rights. (1) This section applies to an obligee whose rights to support have been assigned under Sectionas a condition of eligibility for public assistance. 35A-3-108 (2) Unless a good cause or other exception applies, the o…

26B-9-214. Liens by operation of law and writs of garnishment. (1) Each payment or installment of child support is, on and after the date it is due, a judgment with the same attributes and effect of any judgment of a district court in accordance with Sectionand for purposes of Se…

26B-9-215. Effect of lien. (1) After receiving notice that a support lien has been filed under this part by the office, no person in possession of any property which may be subject to that lien may pay over, release, sell, transfer, encumber, or convey that property to any person…

26B-9-216. Enforcement of liens arising in another state. A lien arising in another state shall be accorded full faith and credit in this state, without any additional requirement of judicial notice or hearing prior to the enforcement of the lien, if the office, parent, or state …

26B-9-217. Requirement to honor voluntary assignment of earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings subject to support lien or garnishment. (1) Every person, firm, corporation, association, political subdivision, or department of the state …

26B-9-218. Release of lien, attachment, or garnishment by department. The office may, at any time, release a support lien, wage assignment, attachment, or garnishment on all or part of the property of the obligor, or return seized property without liability, if assurance of payme…

26B-9-219. Payment schedules. (1) The office may: set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the obligor; or demand payment in full. (2) If a support debt is reduced to a schedule of payments and made s…

26B-9-220. Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required. (1) If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order,…

26B-9-221. Review and adjustment of support order for substantial change in circumstances outside three-year cycle. (1) A parent or legal guardian involved in a case receiving IV-D services or the office, if there has been an assignment under Section, may at any time request the …

26B-9-222. Three-year notice of opportunity to review. (1) Once every three years, the office shall give notice to each parent or legal guardian involved in a case receiving IV-D services of the opportunity to request a review and, if appropriate, adjustment of a child support or…

26B-9-223. Posting bond or security for payment of support debt -- Procedure. (1) The office shall, or an obligee may, petition the court for an order requiring an obligor to post a bond or provide other security for the payment of a support debt, if the office or an obligee dete…

26B-9-224. Medical and dental expenses of a child -- Health insurance for a child. (1) As used in this section, "health insurance" means the same as that term is defined in Section. 31A-1-301 (2) In any action under this part, the office and the department in their orders shall i…

26B-9-225. Enrollment of child in accident and health insurance plan -- Order -- Notice. (1) The office may issue a notice to existing and future employers or unions to enroll a child in an accident and health insurance plan that is available through the child's parent or legal g…

26B-9-226. Compliance with order -- Enrollment of child for insurance. (1) An employer or union shall comply with a notice to enroll issued by the office under Sectionby enrolling the child that is the subject of the notice in the: 26B-9-225 accident and health insurance plan in …

26B-9-228. Reporting past-due support to consumer reporting agency. The office shall periodically report the name of any obligor who is delinquent in the payment of support and the amount of overdue support owed by the obligor to consumer reporting agencies as defined in the Fair…

26B-9-229. Information received from State Tax Commission provided to other states' child support collection agencies. The office shall, upon request, provide to any other state's child support collection agency the information which it receives from the State Tax Commission unde…

26B-9-230. Right to judicial review. (1) Within 30 days of notice of any administrative action on the part of the office to establish parentage or establish, modify or enforce a child support order, the obligor may file a petition for de novo review with the district court. For p…

26B-9-231. Reporting past-due support for criminal prosecution. (1) Upon request from an official described in Subsection, the office shall report the name of an obligor who is over $10,000 delinquent in the payment of support and the amount of overdue support owed by the obligor…

26B-9-301. Definitions. As used in this part and Part 4, Income Withholding in Non IV-D Cases: (1) "Business day" means a day on which state offices are open for regular business. (2) "Child" means the same as that term is defined in Section. 81-6-101 (3) "Child support" means th…

26B-9-302. Administrative procedures. Because the procedures of this part are mandated by federal law they shall be applied for the purposes specified in this part and control over any other statutory administrative procedures.

26B-9-303. Provision for income withholding in child support order -- Immediate income withholding. (1) Whenever a child support order is issued or modified in this state the obligor's income is subject to immediate income withholding for the child support described in the order …

26B-9-304. Office procedures for income withholding for orders issued or modified on or after October 13, 1990. (1) With regard to obligees or obligors who are receiving IV-D services, each child support order issued or modified on or after October 13, 1990, subjects the income o…

26B-9-305. Office procedures for income withholding for orders issued or modified before October 13, 1990. (1) With regard to child support orders issued prior to October 13, 1990, and not otherwise modified after that date, and for which an obligor or obligee is receiving IV-D s…

26B-9-306. Notice to payor. Upon compliance with the applicable provisions of this part the office shall mail or deliver to each payor at the payor's last-known address written notice stating: (1) the amount of child support to be withheld from income; (2) that the child support …

26B-9-307. Payor's procedures for income withholding. (1) A payor is subject to the requirements, penalties, and effects of a notice served on the payor under Section. 26B-9-306 A payment of withheld income mailed to the office in an envelope postmarked within seven business days…