(1) As used in this section: (a) "Office" means the Office of Recovery Services. (b) "State custody" means that a child is in the custody of a state department, division, or agency, including a secure youth corrections facility.
(a) "Office" means the Office of Recovery Services.
(b) "State custody" means that a child is in the custody of a state department, division, or agency, including a secure youth corrections facility.
(2) Under this section, a court may not issue a child support order against an individual unless: (a) the individual is served with notice that specifies the date and time of a hearing to determine the financial support of a specified child; (b) the individual makes a voluntary appearance; or (c) the individual submits a waiver of service.
(a) the individual is served with notice that specifies the date and time of a hearing to determine the financial support of a specified child;
(b) the individual makes a voluntary appearance; or
(c) the individual submits a waiver of service.
(3) Except as provided in Subsection (11), when a court places a child in state custody or if the guardianship of the child has been granted to another party and an agreement for a guardianship subsidy has been signed by the guardian, the court: (a) shall order the parents, a parent, or other obligated individual to pay child support for each month the child is in state custody or cared for under a grant of guardianship; and (b) shall inform the parents, a parent, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support Act; and (c) may refer the establishment of a child support order to the office.
(a) shall order the parents, a parent, or other obligated individual to pay child support for each month the child is in state custody or cared for under a grant of guardianship; and
(b) shall inform the parents, a parent, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support Act; and
(c) may refer the establishment of a child support order to the office.
(4) When a court chooses to refer a case to the office to determine support obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall: (a) make the referral within three working days after the day on which the court holds the hearing described in Subsection (2)(a); and (b) inform the parents, a parent, or other obligated individual of: (i) the requirement to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and (ii) the penalty described in Subsection (6) for failure to contact the office.
(a) make the referral within three working days after the day on which the court holds the hearing described in Subsection (2)(a); and
(b) inform the parents, a parent, or other obligated individual of: (i) the requirement to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and (ii) the penalty described in Subsection (6) for failure to contact the office.
(i) the requirement to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and
(ii) the penalty described in Subsection (6) for failure to contact the office.
(5) Liability for child support ordered under Subsection (3) shall accrue: (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which the court holds the hearing described in Subsection (2)(a), if there is no existing child support order for the child; or (b) beginning on the day the child is removed from the child's home, including time spent in detention or sheltered care, if the child is removed after having been returned to the child's home from state custody.
(a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which the court holds the hearing described in Subsection (2)(a), if there is no existing child support order for the child; or
(b) beginning on the day the child is removed from the child's home, including time spent in detention or sheltered care, if the child is removed after having been returned to the child's home from state custody.
(6) (a) If the parents, a parent, or other obligated individual contacts the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a), the child support order may not include a judgment for past due support for more than two months. (b) Notwithstanding Subsections (5) and (6)(a), the court may order the liability of support to begin to accrue from the date of the proceeding referenced in Subsection (3) if: (i) the court informs the parents, a parent, or other obligated individual, as described in Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and (ii) the office took reasonable steps under the circumstances to contact the parents, parent, or other obligated individual within 30 days after the last day on which the parents, a parent, or other obligated individual was required to contact the office to facilitate the establishment of a child support order. (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable steps if the office: (i) has a signed, returned receipt for a certified letter mailed to the address of the parents, a parent, or other obligated individual regarding the requirement that a child support order be established; or (ii) has had a documented conversation, whether by telephone or in person, with the parents, parent, or other obligated individual regarding the requirement that a child support order be established.
(a) If the parents, a parent, or other obligated individual contacts the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a), the child support order may not include a judgment for past due support for more than two months.
(b) Notwithstanding Subsections (5) and (6)(a), the court may order the liability of support to begin to accrue from the date of the proceeding referenced in Subsection (3) if: (i) the court informs the parents, a parent, or other obligated individual, as described in Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and (ii) the office took reasonable steps under the circumstances to contact the parents, parent, or other obligated individual within 30 days after the last day on which the parents, a parent, or other obligated individual was required to contact the office to facilitate the establishment of a child support order.
(i) the court informs the parents, a parent, or other obligated individual, as described in Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and
(ii) the office took reasonable steps under the circumstances to contact the parents, parent, or other obligated individual within 30 days after the last day on which the parents, a parent, or other obligated individual was required to contact the office to facilitate the establishment of a child support order.
(c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable steps if the office: (i) has a signed, returned receipt for a certified letter mailed to the address of the parents, a parent, or other obligated individual regarding the requirement that a child support order be established; or (ii) has had a documented conversation, whether by telephone or in person, with the parents, parent, or other obligated individual regarding the requirement that a child support order be established.
(i) has a signed, returned receipt for a certified letter mailed to the address of the parents, a parent, or other obligated individual regarding the requirement that a child support order be established; or
(ii) has had a documented conversation, whether by telephone or in person, with the parents, parent, or other obligated individual regarding the requirement that a child support order be established.
(7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a payment schedule or demanding payment in full.
(8) Unless a court orders otherwise, the parents, a parent, or other obligated individual shall pay the child support to the office. The clerk of the court, the office, or the Department of Human Services and its divisions shall have authority to receive periodic payments for the care and maintenance of the child, such as Social Security payments or railroad retirement payments made in the name of or for the benefit of the child.
(9) An existing child support order payable to a parent or other individual shall be assigned to the Department of Human Services as provided in Section 62A-1-117.
(10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by the court in an individual. (b) If legal custody of a child is vested by the court in an individual, the court may order the parents, a parent, or other obligated individual to pay child support to the individual in whom custody is vested. In the same proceeding, the court shall inform the parents, a parent, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support Act.
(a) Subsections (4) through (9) do not apply if legal custody of a child is vested by the court in an individual.
(b) If legal custody of a child is vested by the court in an individual, the court may order the parents, a parent, or other obligated individual to pay child support to the individual in whom custody is vested. In the same proceeding, the court shall inform the parents, a parent, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support Act.
(11) The court may not order an individual to pay child support for a child in state custody if: (a) the individual's only form of income is a government-issued disability benefit; (b) the benefit described in Subsection (11)(a) is issued because of the individual's disability, and not the child's disability; and (c) the individual provides the court and the office evidence that the individual meets the requirements of Subsections (11)(a) and (b).
(a) the individual's only form of income is a government-issued disability benefit;
(b) the benefit described in Subsection (11)(a) is issued because of the individual's disability, and not the child's disability; and
(c) the individual provides the court and the office evidence that the individual meets the requirements of Subsections (11)(a) and (b).
(12) After the court or the office establishes an individual's child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the court if: (a) the individual's child support obligation is established under Subsection 78B-12-205(6) or Section 78B-12-302; or (b) the individual's only source of income is a means-tested, income replacement payment of aid, including: (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program; or (ii) cash benefits received under General Assistance, social security income, or social security disability income.
(a) the individual's child support obligation is established under Subsection 78B-12-205(6) or Section 78B-12-302; or
(b) the individual's only source of income is a means-tested, income replacement payment of aid, including: (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program; or (ii) cash benefits received under General Assistance, social security income, or social security disability income.
(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program; or
(ii) cash benefits received under General Assistance, social security income, or social security disability income.