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

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…

26B-9-308. Termination of income withholding. (1) At any time after the date income withholding begins, a party to the child support order may request a judicial hearing or administrative review to determine whether income withholding should be terminated due to: good cause under…

26B-9-309. Payor's compliance with income withholding. (1) Payment by a payor under this part satisfies the terms for payment of income under any contract between a payor and obligor. (2) A payor who complies with an income withholding notice that is regular on its face may not b…

26B-9-310. Violations by payor. (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a notice to withhold served by the office under this part, or because of a notice or order served by an obligee in a civil action for income withholding. (2) If the…

26B-9-311. Priority of notice or order to withhold income. The notice to withhold provided by Section, and a notice or order to withhold issued by the court in a civil action for income withholding, are prior to all other legal collection processes provided by state law, includin…

26B-9-312. Records and documentation -- Distribution or refund of collected income -- Allocation of payments among multiple notices to withhold. (1) The office shall keep adequate records to document and monitor all child support payments received under this part. (2) The office …

26B-9-313. Income withholding upon obligor's request. Whether or not a delinquency has occurred, an obligor may request that the office implement income withholding procedures under this part for payment of the obligor's child support obligations.

26B-9-401. Definitions. The definitions in Sectionapply to this part.

26B-9-402. Application of this part only to Non IV-D cases. The requirements of this part apply only to cases in which neither the obligee nor the obligor is receiving IV-D services.

26B-9-403. Child support orders issued or modified on or after January 1, 1994 -- Immediate income withholding. (1) With regard to obligees or obligors who are not receiving IV-D services, each child support order issued or modified on or after January 1, 1994, subjects the incom…

26B-9-404. Requirement of employment and location information. (1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall require the parties to file the information required under Section. 26B-9-207 (2) If a party fails to provide the information req…

26B-9-405. Procedures for commencing income withholding. (1) If income withholding has not been commenced in connection with a child support order, an obligee or obligor may commence income withholding by: applying for IV-D services from the office; or filing an ex parte motion f…

26B-9-406. Responsibilities of the office. The office shall document and distribute payments in the manner provided for and in the time required by Sectionand federal law upon receipt of: (1) a copy of the written notice sent to the payor under Sectionor Section; 26B-9-403 26B-9-…

26B-9-407. Notice to payor. (1) A notice mailed or delivered to a payor under this part shall state in writing: the amount of child support to be withheld from income; that the child support must be withheld from the obligor's income each time the obligor is paid, but that the am…

26B-9-408. Payor's procedures for income withholding. (1) A payor is subject to the requirements, penalties, and effects of a notice mailed or delivered to him under Section. 26B-9-407 A payment of withheld income mailed to the office in an envelope postmarked within seven busine…

26B-9-409. Termination of income withholding. (1) At any time after the date income withholding begins, a party to the child support order may request a court to determine whether income withholding should be terminated due to: good cause under Section; or 26B-9-403 the completio…

26B-9-410. Payor's compliance with income withholding. (1) Payment by a payor under this part satisfies the terms for payment of income under any contract between a payor and obligor. (2) A payor who complies with an income withholding notice that is regular on its face may not b…

26B-9-411. Violations by payor. (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a notice to withhold under this part. (2) If a payor violates Subsection, the payor is liable to the obligor as provided in Sectionand the obligee for the greater o…

26B-9-412. Priority of notice or order to withhold income. The notice to withhold under this part is prior to all other legal collection processes provided by state law, including garnishment, attachment, execution, and wage assignment.

26B-9-501. Definitions. As used in this part: (1) "Business day" means the same as that term is defined in Section. 26B-9-301 (2) "Child support" means the same as that term is defined in Section. 26B-9-101 (3) "Delinquent on a child support obligation" means that a person: made …

26B-9-502. Suspension of driver license for child support delinquency -- Reinstatement. (1) An individual who is delinquent on a child support obligation is subject to the suspension of the individual's driver license as described in this section. (2) Before the office orders a s…

26B-9-503. Notification of order to suspend or rescission of order. (1) When, pursuant to this part, the office orders the suspension of a person's driver license, or rescinds an order suspending a person's driver license, the office shall, within five business days after the day…