Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 191 (2015GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/20/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• renames the Uniform Interstate Family Support Act to the Utah Uniform Interstate Family Support Act; and
• makes conforming amendments with the uniform act to comply with a treaty on international child support orders.

Every vote on this bill

Bill text

UNIFORM INTERSTATE FAMILY SUPPORT ACT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
 Jack R. Draxler
LONG TITLE
General Description:
This bill makes changes to the Uniform Interstate Family Support Act.
Highlighted Provisions:
This bill:
▸ renames the Uniform Interstate Family Support Act to the Utah Uniform Interstate
Family Support Act; and
▸ makes conforming amendments with the uniform act to comply with a treaty on
international child support orders.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
30-3-4
, as last amended by Laws of Utah 2008, Chapter 3
30-3-15.3
, as last amended by Laws of Utah 2008, Chapter 3
62A-11-104
, as last amended by Laws of Utah 2012, Chapter 369
62A-11-305
, as last amended by Laws of Utah 2008, Chapter 3
78B-12-102
, as last amended by Laws of Utah 2009, Chapter 142
78B-14-101
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-102
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-201
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-204
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-205
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-307
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-310
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-316
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-317
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-502
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-503
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-507
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-601
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-602
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-603
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-605
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-606
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-612
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-613
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-708
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-14-902
 (Effective 07/01/15)
, as and further amended by Revisor Instructions,
Laws of Utah 2013, Chapter 245
78B-15-610
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-4
 is amended to read:
30-3-4.
Pleadings -- Decree -- Use of affidavit -- Private records.
(1) (a) The complaint shall be in writing and signed by the petitioner or petitioner's
attorney.
(b) A decree of divorce may not be granted upon default or otherwise except upon legal
evidence taken in the cause. If the decree is to be entered upon the default of the respondent,
evidence to support the decree may be submitted upon the affidavit of the petitioner with the
approval of the court.
(c) If the petitioner and the respondent have a child or children, a decree of divorce
may not be granted until both parties have attended the mandatory course described in Section
30-3-11.3
, and have presented a certificate of course completion to the court. The court may
waive this requirement, on its own motion or on the motion of one of the parties, if it
determines course attendance and completion are not necessary, appropriate, feasible, or in the
best interest of the parties.
(d) All hearings and trials for divorce shall be held before the court or the court
commissioner as provided by Section 
78A-5-107
 and rules of the Judicial Council. The court
or the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case
of a decree after default of the respondent, upon the petitioner's affidavit.
(2) (a) A party to an action brought under this title or to an action under Title 78B,
Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody
Jurisdiction and Enforcement Act, Title 78B, Chapter 14, 
Utah
 Uniform Interstate Family
Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or
enforce a judgment in the action may file a motion to have the file other than the final
judgment, order, or decree classified as private.
(b) If the court finds that there are substantial interests favoring restricting access that
clearly outweigh the interests favoring access, the court may classify the file, or any part
thereof other than the final order, judgment, or decree, as private. An order classifying part of
the file as private does not apply to subsequent filings.
(c) The record is private until the judge determines it is possible to release the record
without prejudice to the interests that justified the closure. Any interested person may petition
the court to permit access to a record classified as private under this section. The petition shall
be served on the parties to the closure order.
Section 2. Section 
30-3-15.3
 is amended to read:
30-3-15.3.
Commissioners -- Powers.
Commissioners shall:
(1) secure compliance with court orders;
(2) require attendance at the mandatory course as provided in Section 
30-3-11.3
;
(3) serve as judge pro tempore, master or referee on:
(a) assignment of the court; and
(b) with the written consent of the parties:
(i) orders to show cause where no contempt is alleged;
(ii) default divorces where the parties have had marriage counseling but there has been
no reconciliation;
(iii) uncontested actions under Title 78B, Chapter 15, Utah Uniform Parentage Act;
(iv) actions under Title 78B, Chapter 12, Utah Child Support Act; and
(v) actions under Title 78B, Chapter 14, 
Utah
 Uniform Interstate Family Support Act;
and
(4) represent the interest of children in divorce or annulment actions, and the parties in
appropriate cases.
Section 3. Section 
62A-11-104
 is amended to read:
62A-11-104.
Duties of office.
(1) The office has the following duties:
(a) except as provided in Subsection (2), to provide child support services if:
(i) the office has received an application for child support services;
(ii) the state has provided public assistance; or
(iii) a child lives out of the home in the protective custody, temporary custody, or
custody or care of the state;
(b) to carry out the obligations of the department contained in this chapter and in Title
78B, Chapter 12, Utah Child Support Act; Chapter 14, 
Utah
 Uniform Interstate Family Support
Act; and Chapter 15, Utah Uniform Parentage Act, for the purpose of collecting child support;
(c) to collect money due the department which could act to offset expenditures by the
state;
(d) to cooperate with the federal government in programs designed to recover health
and social service funds;
(e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
and reimbursable expenses owed to the state or any of its political subdivisions, if the office
has contracted to provide collection services;
(f) to implement income withholding for collection of child support in accordance with
Part 4, Income Withholding in IV-D Cases, of this chapter;
(g) to 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 in the
manner provided for in Section 
62A-11-304.5
;
(h) to establish and maintain the state case registry in the manner required by the Social
Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
(i) the amount of monthly or other periodic support owed under the order, and other
amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
the order;
(ii) any amount described in Subsection (1)(h)(i) that has been collected;
(iii) the distribution of collected amounts;
(iv) the birth date of any child for whom the order requires the provision of support;
and
(v) the amount of any lien imposed with respect to the order pursuant to this part;
(i) to contract with the Department of Workforce Services to establish and maintain the
new hire registry created under Section 
35A-7-103
;
(j) to determine whether an individual who has applied for or is receiving cash
assistance or Medicaid is cooperating in good faith with the office as required by Section
62A-11-307.2
;
(k) to finance any costs incurred from collections, fees, General Fund appropriation,
contracts, and federal financial participation; and
(l) to provide notice to a noncustodial parent in accordance with Section 
62A-11-304.4
of the opportunity to contest the accuracy of allegations by a custodial parent of nonpayment of
past-due child support, prior to taking action against a noncustodial parent to collect the alleged
past-due support.
(2) The office may not provide child support services to the Division of Child and
Family Services for a calendar month when the child to whom the child support services relate
is:
(a) in the custody of the Division of Child and Family Services; and
(b) lives in the home of a custodial parent of the child for more than seven consecutive
days, regardless of whether:
(i) the greater than seven consecutive day period starts during one month and ends in
the next month; and
(ii) the child is living in the home on a trial basis.
(3) The Division of Child and Family Services is not entitled to child support, for a
child to whom the child support relates, for a calendar month when child support services may
not be provided under Subsection (2).
Section 4. Section 
62A-11-305
 is amended to read:
62A-11-305.
Support collection services requested by agency of another state.
(1) In accordance with Title 78B, Chapter 14, 
Utah
 Uniform Interstate Family Support
Act, the office may proceed to issue or modify an order under Section 
62A-11-304.2
 to collect
under this part from an obligor who is located in or is a resident of this state regardless of the
presence or residence of the obligee if:
(a) support collection services are requested by an agency of another state that is
operating under Part IV-D of the Social Security Act; or
(b) an individual applies for services.
(2) The office shall use high-volume automated administrative enforcement, to the
same extent it is used for intrastate cases, in response to a request made by another state's IV-D
child support agency to enforce support orders.
(3) A request by another state shall constitute a certification by the requesting state:
(a) of the amount of support under the order of payment of which is in arrears; and
(b) that the requesting state has complied with procedural due process requirements
applicable to the case.
(4) The office shall give automated administrative interstate enforcement requests the
same priority as a two-state referral received from another state to enforce a support order.
(5) The office shall promptly report the results of the enforcement procedures to the
requesting state.
(6) As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall
maintain records of:
(a) the number of requests for enforcement assistance received by the office under this
section;
(b) the number of cases for which the state collected support in response to those
requests; and
(c) the amount of support collected.
Section 5. Section 
78B-12-102
 is amended to read:
78B-12-102.
Definitions.
As used in this chapter:
(1) "Adjusted gross income" means income calculated under Subsection
78B-12-204
(1).
(2) "Administrative agency" means the Office of Recovery Services or the Department
of Human Services.
(3) "Administrative order" means an order that has been issued by the Office of
Recovery Services, the Department of Human Services, or an administrative agency of another
state or other comparable jurisdiction with similar authority to that of the office.
(4) "Base child support award" means the award that may be ordered and is calculated
using the guidelines before additions for medical expenses and work-related child care costs.
(5) "Base combined child support obligation table," "child support table," "base child
support obligation table," "low income table," or "table" means the appropriate table in Part 3,
Tables.
(6) "Cash medical support" means an obligation to equally share all reasonable and
necessary medical and dental expenses of children.
(7) "Child" means:
(a) a son or daughter under the age of 18 years who is not otherwise emancipated,
self-supporting, married, or a member of the armed forces of the United States;
(b) a son or daughter over the age of 18 years, while enrolled in high school during the
normal and expected year of graduation and not otherwise emancipated, self-supporting,
married, or a member of the armed forces of the United States; or
(c) a son or daughter of any age who is incapacitated from earning a living and, if able
to provide some financial resources to the family, is not able to support self by own means.
(8) "Child support" means a base child support award, or a monthly financial award for
uninsured medical expenses, ordered by a tribunal for the support of a child, including current
periodic payments, all arrearages which accrue under an order for current periodic payments,
and sum certain judgments awarded for arrearages, medical expenses, and child care costs.
(9) "Child support order" or "support order" means a judgment, decree, or order of a
tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable,
whether incidental to a proceeding for divorce, judicial or legal separation, separate
maintenance, paternity, guardianship, civil protection, or otherwise which:
(a) establishes or modifies child support;
(b) reduces child support arrearages to judgment; or
(c) establishes child support or registers a child support order under Chapter 14, 
Utah
Uniform Interstate Family Support Act.
(10) "Child support services" or "IV-D child support services" means services provided
pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Section 651 et seq.
(11) "Court" means the district court or juvenile court.
(12) "Guidelines" means the directions for the calculation and application of child
support in Part 2, Calculation and Adjustment.
(13) "Income" means earnings, compensation, or other payment due to an individual,
regardless of source, whether denominated as wages, salary, commission, bonus, pay,
allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive
pay. "Income" includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through
sale or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policies
of any type;
(d) unemployment compensation benefits;
(e) workers' compensation benefits; and
(f) disability benefits.
(14) "Joint physical custody" means the child stays with each parent overnight for more
than 30% of the year, and both parents contribute to the expenses of the child in addition to
paying child support.
(15) "Medical expenses" means health and dental expenses and related insurance costs.
(16) "Obligee" means an individual, this state, another state, or another comparable
jurisdiction to whom child support is owed or who is entitled to reimbursement of child
support or public assistance.
(17) "Obligor" means any person owing a duty of support.
(18) "Office" means the Office of Recovery Services within the Department of Human
Services.
(19) "Parent" includes a natural parent, or an adoptive parent.
(20) "Split custody" means that each parent has physical custody of at least one of the
children.
(21) "State" includes any state, territory, possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable
domestic or foreign jurisdiction.
(22) "Temporary" means a period of time that is projected to be less than 12 months in
duration.
(23) "Third party" means an agency or a person other than the biological or adoptive
parent or a child who provides care, maintenance, and support to a child.
(24) "Tribunal" means the district court, the Department of Human Services, Office of
Recovery Services, or court or administrative agency of any state, territory, possession of the
United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American
Tribe, or other comparable domestic or foreign jurisdiction.
(25) "Work-related child care costs" means reasonable child care costs for up to a
full-time work week or training schedule as necessitated by the employment or training of a
parent under Section 
78B-12-215
.
(26) "Worksheets" means the forms used to aid in calculating the base child support
award.
Section 6. Section 
78B-14-101
 is amended to read:
CHAPTER 14. UTAH UNIFORM INTERSTATE FAMILY SUPPORT ACT
78B-14-101.
Title.
This chapter is known as the "
Utah
 Uniform Interstate Family Support Act."
Section 7. Section 
78B-14-102 (Effective 07/01/15)
 is amended to read:
78B-14-102 (Effective 07/01/15).
Definitions.
As used in this chapter:
(1) "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.
(2) "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.
(3) "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.
(4) "Duty of support" means an obligation imposed or imposable by law to provide
support for a child, spouse, or former spouse, including an unsatisfied obligation to provide
support.
(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.
(6) "Foreign support order" means a support order of a foreign tribunal.
(7) "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. The term includes a competent authority under the convention.
(8) "Home state" means the state or foreign country in which a child lived with a parent
or a person acting as parent for at least six consecutive months immediately preceding the time
of filing of a petition or comparable pleading for support and, if a child is less than six months
old, the state or foreign country in which the child lived from birth with any of them. A period
of temporary absence of any of them is counted as part of the six-month or other period.
(9) "Income" includes earnings or other periodic entitlements to money from any
source and any other property subject to withholding for support under the law of this state.
(10) "Income-withholding order" means an order or [
notice
] 
other legal process
directed to an obligor's employer or other source of income as defined in Section 
62A-11-103
,
to withhold support from the income of the obligor [
in accordance with Title 62A, Chapter 11,
Part 4, Income Withholding in IV-D Cases, or Part 5, Income Withholding in Non IV-D
Cases
].
(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a
petition or comparable pleading is forwarded or in which a petition or comparable pleading is
filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which a tribunal issues a
support order or a judgment determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a support order or a
judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a
support order or a judgment determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules and regulations having the
force of law.
(16) "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 Part 7, Support Proceedings Under
Convention.
(17) "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 Part 7, Support Proceedings Under Convention.
(18) "Outside this state" means a location in another state or a country other than the
United States, whether or not the country is a foreign country.
(19) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or any other legal or commercial
entity.
(20) "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.
(21) "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.
(22) "Registering tribunal" means a tribunal in which a support order [
of
] 
or
 judgment
determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or comparable pleading for
support or to determine parentage of a child is filed or to which a petition or comparable
pleading is forwarded for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a responding state 
or
foreign country
.
(25) "Spousal support order" means a support order for a spouse or former spouse of
the obligor.
(26) "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. The term includes an Indian nation or tribe.
(27) "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.
(28) "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. The term may include related costs and fees,
interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.
(29) "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.
Section 8. Section 
78B-14-201 (Effective 07/01/15)
 is amended to read:
78B-14-201 (Effective 07/01/15).
Bases for jurisdiction over nonresident.
(1) In a proceeding to establish or enforce a support order or to determine parentage 
of
a child
, a tribunal of this state may exercise personal jurisdiction over a nonresident individual,
or the individual's guardian or conservator, if:
(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent 
in a record
, by
entering a general appearance, or by filing a responsive document having the effect of waiving
any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the
child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;
(g) the individual asserted parentage of a child in the putative father registry
maintained in this state by the state registrar of vital records in the Department of Health
pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act; or
(h) there is any other basis consistent with the constitutions of this state and the United
States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in Subsection (1) or in any other law of
this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a
child support order of another state unless the requirements of Section 
78B-14-611
 are met, or,
in the case of a foreign support order, unless the requirements of Section 
78B-14-615
 are met.
Section 9. Section 
78B-14-204 (Effective 07/01/15)
 is amended to read:
78B-14-204 (Effective 07/01/15).
Simultaneous proceedings in another state.
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the
petition 
or comparable pleading
 is filed after a [
petition or comparable
] pleading is filed in
another state or a foreign country only 
if
:
(a) [
if
] the petition 
or comparable pleading
 in this state is filed before the expiration of
the time allowed in the other state or the foreign country for filing a responsive pleading
challenging the exercise of jurisdiction by the other state or the foreign country;
(b) [
if
] the contesting party timely challenges the exercise of jurisdiction in the other
state or the foreign country; and
(c) 
if
 relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if
the petition 
or comparable pleading
 is filed before a petition or comparable pleading is filed in
another state or a foreign country 
if
:
(a) [
if
] the petition or comparable pleading in the other state 
or foreign country
 is filed
before the expiration of the time allowed in this state [
or foreign country
] for filing a
responsive pleading challenging the exercise of jurisdiction by this state;
(b) [
if
] the contesting party timely challenges the exercise of jurisdiction in this state;
and
(c) if relevant, the other state or foreign country is the home of the child.
Section 10. Section 
78B-14-205
 is amended to read:
78B-14-205.
Continuing, exclusive jurisdiction to modify child support order.
(1) A tribunal of this state that has issued a [
child-support
] 
child support
 order
consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to
modify its [
child-support
] 
child support
 order if the order is the controlling order, and:
(a) at the time of the filing of a request for modification, this state is the residence of
the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) even if this state is not the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued, the parties consent in a record or in open
court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a [
child-support
] 
child support
 order
consistent with the law of this state may not exercise continuing, exclusive jurisdiction to
modify the order if:
(a) all of the parties who are individuals file consent in a record with the tribunal of this
state that a tribunal of another state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the child may modify the order and
assume continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state has issued a [
child-support
] 
child support
 order
pursuant to [
this chapter
] 
the Uniform Interstate Family Support Act
 or a law substantially
similar to [
this chapter
] 
the act,
 which modifies a [
child-support
] 
child support
 order of a
tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction
of the tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a
[
child-support
] 
child support
 order may serve as an initiating tribunal to request a tribunal [
or
]
of
 another state to modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Section 11. Section 
78B-14-307 (Effective 07/01/15)
 is amended to read:
78B-14-307 (Effective 07/01/15).
Duties of support enforcement agency.
(1) A support enforcement agency of this state, upon request, shall provide services to
a petitioner in a proceeding under this chapter.
(2) A support enforcement agency of this state that is providing services to the
petitioner shall:
(a) take all steps necessary to enable an appropriate tribunal of this state, another state,
or a foreign country to obtain jurisdiction over the respondent;
(b) request an appropriate tribunal to set a date, time, and place for a hearing;
(c) make a reasonable effort to obtain all relevant information, including information as
to income and property of the parties;
(d) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of
[
a written
] notice in a record from an initiating, responding, or registering tribunal, send a copy
of the notice to the petitioner;
(e) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of
[
a written
] communication in a record from the respondent or the respondent's attorney, send a
copy of the communication to the petitioner; and
(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that requests registration of a child
support order in this state for enforcement or for modification shall make reasonable efforts:
(a) to ensure that the order to be registered is the controlling order; or
(b) if two or more child support orders exist and the identity of the controlling order
has not been determined, to ensure that a request for such a determination is made in a tribunal
having jurisdiction to do so.
(4) A support enforcement agency of this state that requests registration and
enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert
the amounts stated in the foreign currency into the equivalent amounts in dollars under the
applicable official or market exchange rate as publicly reported.
(5) A support enforcement agency of this state shall issue or request a tribunal of this
state to issue a child support order and an income-withholding order that redirects payment of
current support, arrears, and interest if requested to do so by a support enforcement agency of
another state pursuant to Section 
78B-14-319
.
(6) This chapter does not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the agency and
the individual being assisted by the agency.
Section 12. Section 
78B-14-310 (Effective 07/01/15)
 is amended to read:
78B-14-310 (Effective 07/01/15).
Duties of state information agency.
(1) The Office of Recovery Services is the state information agency under this chapter.
(2) The state information agency shall:
(a) compile and maintain a current list, including addresses, of the tribunals in this state
which have jurisdiction under this chapter and any support enforcement agencies in this state
and transmit a copy to the state information agency of every other state;
(b) maintain a register of names and addresses of tribunals and support enforcement
agencies received from other states;
(c) forward to the appropriate tribunal in the county in this state in which the obligee
who is an individual or the obligor resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding under this chapter received from another state
or a foreign country; and
(d) obtain information concerning the location of the obligor and the obligor's property
within this state not exempt from execution, by such means as postal verification and federal or
state locator services, examination of telephone directories, requests for the obligor's address
from employers, and examination of governmental records, including, to the extent not
prohibited by law, those relating to real property, vital [
records
] 
statistics
, law enforcement,
taxation, motor vehicles, [
driver's
] 
driver
 licenses, and [
Social Security number
] 
Social
Security
.
Section 13. Section 
78B-14-316 (Effective 07/01/15)
 is amended to read:
78B-14-316 (Effective 07/01/15).
Special rules of evidence and procedure.
(1) The physical presence of a nonresident party who is an individual in a tribunal of
this state is not required for the establishment, enforcement, or modification of a support order
or the rendition of a judgment determining parentage of a child.
(2) An affidavit, a document substantially complying with federally mandated forms,
or a document incorporated by reference in any of them, which would not be excluded under
the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury
by a party or witness residing outside this state.
(3) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The copy is
evidence of facts asserted in it and is admissible to show whether payments were made.
(4) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least 10 days before trial,
are admissible in evidence to prove the amount of the charges billed and that the charges were
reasonable, necessary, and customary.
(5) Documentary evidence transmitted from outside this state to a tribunal of this state
by telephone, telecopier, or other electronic means that do not provide an original record may
not be excluded from evidence on an objection based on the means of transmission.
(6) In a proceeding under this chapter, a tribunal of this state shall permit a party or
witness residing outside this state to be deposed or to testify 
under penalty of perjury
 by
telephone, audiovisual means, or other electronic means at a designated tribunal or other
location. A tribunal of this state shall cooperate with 
other
 tribunals [
of other states
] in
designating an appropriate location for the deposition or testimony.
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier of fact may draw an adverse inference from the
refusal.
(8) A privilege against disclosure of communications between spouses does not apply
in a proceeding under this chapter.
(9) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.
(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to
establish parentage of the child.
Section 14. Section 
78B-14-317 (Effective 07/01/15)
 is amended to read:
78B-14-317 (Effective 07/01/15).
Communications between tribunals.
A tribunal of this state may communicate with a tribunal outside this state in a record,
or by telephone, electronic mail, or other means, to obtain information concerning the laws, the
legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A
tribunal of this state may furnish similar information by similar means to a tribunal outside this
state [
or foreign country or political subdivision
].
Section 15. Section 
78B-14-502
 is amended to read:
78B-14-502.
Employer's compliance with income withholding order of another
state.
(1) Upon receipt of an income-withholding order, the obligor's employer shall
immediately provide a copy of the order to the obligor.
(2) The employer shall treat an income-withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this state.
(3) Except as otherwise provided in Subsection (4) and Section 
78B-14-503
, the
employer shall withhold and distribute the funds as directed in the withholding order by
complying with terms of the order which specify:
(a) the duration and amount of periodic payments of current [
child-support
] 
child
support
, stated as a sum certain;
(b) the person designated to receive payments and the address to which the payments
are to be forwarded;
(c) medical support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide health insurance coverage for the child under a
policy available through the obligor's employment;
(d) the amount of periodic payments of fees and costs for a support-enforcement
agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(e) the amount of periodic payments of arrearages and interest on arrearages, stated as
sums certain.
(4) An employer shall comply with the law of the state of the obligor's principal place
of employment for withholding from income with respect to:
(a) the employer's fee for processing an income withholding order;
(b) the maximum amount permitted to be withheld from the obligor's income; and
(c) the times within which the employer must implement the withholding order and
forward the [
child-support
] 
child support
 payment.
Section 16. Section 
78B-14-503
 is amended to read:
78B-14-503.
Compliance with multiple income-withholding orders.
If an obligor's employer receives two or more income-withholding orders with respect
to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the
employer complies with the law of the state of the obligor's principal place of employment to
establish the priorities for the withholding and allocating income withheld for two or more
child support
 obligees.
Section 17. Section 
78B-14-507 (Effective 07/01/15)
 is amended to read:
78B-14-507 (Effective 07/01/15).
Administrative enforcement of orders.
(1) A party or support enforcement agency seeking to enforce a support order or an
income-withholding order, or both, issued in another state
,
 or 
seeking to enforce
 a foreign
[
country
] 
support order,
 may send the documents required for registering the order to a support
enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcement agency, without initially
seeking to register the order, shall consider and, if appropriate, use any administrative
procedure authorized by the law of this state to enforce a support order or an
income-withholding order, or both. If the obligor does not contest administrative enforcement,
the order need not be registered. If the obligor contests the validity or administrative
enforcement of the order, the support enforcement agency shall register the order pursuant to
this chapter.
Section 18. Section 
78B-14-601 (Effective 07/01/15)
 is amended to read:
78B-14-601 (Effective 07/01/15).
Registration of order for enforcement.
A support order or income-withholding order issued in another state
,
 or 
a
 foreign
[
country
] 
support order,
 may be registered in this state for enforcement.
Section 19. Section 
78B-14-602 (Effective 07/01/15)
 is amended to read:
78B-14-602 (Effective 07/01/15).
Procedure to register order for enforcement.
(1) Except as otherwise provided in Section 
78B-14-706
, a support order or
income-withholding order of another state
,
 or 
a
 foreign [
country
] 
support order,
 may be
registered in this state by sending the following records to the appropriate tribunal in this state:
(a) a letter of transmittal to the tribunal requesting registration and enforcement;
(b) two copies, including one certified copy, of the order to be registered, including any
modification of the order;
(c) a sworn statement by the person requesting registration or a certified statement by
the custodian of the records showing the amount of any arrearage;
(d) the name of the obligor and, if known:
(i) the obligor's address and Social Security number;
(ii) the name and address of the obligor's employer and any other source of income of
the obligor; and
(iii) a description and the location of property of the obligor in this state not exempt
from execution; and
(e) except as otherwise provided in Section 
78B-14-312
, the name and address of the
obligee and, if applicable, the person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order
to be filed as an order of a tribunal of another state
,
 or a foreign [
country
] 
support order
,
together with one copy of the documents and information, regardless of their form.
(3) A petition 
or comparable pleading
 seeking a remedy that shall be affirmatively
sought under law of this state may be filed at the same time as the request for registration or
later. The pleading shall specify the grounds for the remedy sought.
(4) If two or more orders are in effect, the person requesting registration shall:
(a) furnish to the tribunal a copy of every support order asserted to be in effect in
addition to the documents specified in this section;
(b) specify the order alleged to be the controlling order, if any; and
(c) specify the amount of consolidated arrears, if any.
(5) A request for a determination of which is the controlling order may be filed
separately or with a request for registration and enforcement or for registration and
modification. The person requesting registration shall give notice of the request to each party
whose rights may be affected by the determination.
Section 20. Section 
78B-14-603 (Effective 07/01/15)
 is amended to read:
78B-14-603 (Effective 07/01/15).
Effect of registration for enforcement.
(1) A support order or income-withholding order issued in another state
,
 or a foreign
[
country
] 
support order,
 is registered when the order is filed in the registering tribunal of this
state.
(2) A registered support order issued in another state or a foreign country is enforceable
in the same manner and is subject to the same procedures as an order issued by a tribunal of
this state.
(3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize
and enforce, but may not modify, a registered support order if the issuing tribunal had
jurisdiction.
Section 21. Section 
78B-14-605 (Effective 07/01/15)
 is amended to read:
78B-14-605 (Effective 07/01/15).
Notice of registration of order.
(1) When a support order or income-withholding order issued in another state
,
 or a
foreign [
country
] 
support order,
 is registered, the registering tribunal of this state shall notify
the nonregistering party. The notice shall be accompanied by a copy of the registered order and
the documents and relevant information accompanying the order.
(2) A notice shall inform the nonregistering party:
(a) that a registered order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;
(b) that a hearing to contest the validity or enforcement of the registered order shall be
requested within 20 days after [
the date of mailing or personal service of the
] notice, unless the
registered order is under Section 
78B-14-707
;
(c) that failure to contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and enforcement of the order and the alleged
arrearages [
and precludes further contest of that order with respect to any matter that could
have been asserted
]; and
(d) of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice shall
also:
(a) identify the two or more orders and the order alleged by the registering party to be
the controlling order and the consolidated arrears, if any;
(b) notify the nonregistering party of the right to a determination of which is the
controlling order;
(c) state that the procedures provided in Subsection (2) apply to the determination of
which is the controlling order; and
(d) state that failure to contest the validity or enforcement of the order alleged to be the
controlling order in a timely manner may result in confirmation that the order is the controlling
order.
(4) Upon registration of an income-withholding order for enforcement, the support
enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to
Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases.
Section 22. Section 
78B-14-606 (Effective 07/01/15)
 is amended to read:
78B-14-606 (Effective 07/01/15).
Procedure to contest validity or enforcement of
registered support order.
(1) A nonregistering party seeking to contest the validity or enforcement of a registered
support
 order in this state shall request a hearing within the time required by Section
78B-14-605
. The nonregistering party may seek to vacate the registration, to assert any defense
to an allegation of noncompliance with the registered order, or to contest the remedies being
sought or the amount of any alleged arrearages pursuant to Section 
78B-14-607
.
(2) If the nonregistering party fails to contest the validity or enforcement of the
registered 
support
 order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of
the registered 
support
 order, the registering tribunal shall schedule the matter for hearing and
give notice to the parties of the date, time, and place of the hearing.
Section 23. Section 
78B-14-612
 is amended to read:
78B-14-612.
Recognition of order modified in another state.
If a [
child-support
] 
child support
 order issued by a tribunal of this state is modified by a
tribunal of another state [
which
] 
that
 assumed jurisdiction pursuant to [
this chapter
] 
the
Uniform Interstate Family Support Act
, a tribunal of this state:
(1) may enforce its order that was modified only as to arrears and interest accruing
before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the
effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.
Section 24. Section 
78B-14-613
 is amended to read:
78B-14-613.
Jurisdiction to modify child support order of another state when
individual parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not
reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the
issuing state's child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the
provisions of Parts 1 and 2, this part, and the procedural and substantive law of this state to the
proceeding for enforcement [
of
] 
or
 modification. Parts 3, 4, 5, 7, and 8 do not apply.
Section 25. Section 
78B-14-708 (Effective 07/01/15)
 is amended to read:
78B-14-708 (Effective 07/01/15).
Recognition and enforcement of registered
convention support order.
(1) Except as otherwise provided in Subsection (2), a tribunal of this state shall
recognize and enforce a registered convention support order.
(2) The following grounds are the only grounds on which a tribunal of this state may
refuse recognition and enforcement of a registered convention support order:
(a) recognition and enforcement of the order is manifestly incompatible with public
policy, including the failure of the issuing tribunal to observe minimum standards of due
process, which include notice and an opportunity to be heard;
(b) the issuing tribunal lacked personal jurisdiction consistent with Section
78B-14-201
;
(c) the order is not enforceable in the issuing country;
(d) the order was obtained by fraud in connection with a matter of procedure;
(e) a record transmitted in accordance with Section 
78B-14-706
 lacks authenticity or
integrity;
(f) a proceeding between the same parties and having the same purpose is pending
before a tribunal of this state and that proceeding was the first to be filed;
(g) the order is incompatible with a more recent support order involving the same
parties and having the same purpose if the more recent support order is entitled to recognition
and enforcement under this chapter in this state;
(h) payment, to the extent alleged arrears have been paid in whole or in part;
(i) in a case in which the respondent neither appeared nor was represented in the
proceeding in the issuing foreign country:
(i) if the law of that country provides for prior notice of proceedings, the respondent
did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) if the law of that country does not provide for prior notice of the proceedings, the
respondent did not have proper notice of the order and an opportunity to be heard in a
challenge or appeal on fact or law before a tribunal; or
(j) the order was made in violation of Section 
78B-14-711
.
(3) If a tribunal of this state does not recognize a convention support order under
Subsection (2)(b), (d), [
(f),
] or (i):
(a) the tribunal may not dismiss the proceeding without allowing a reasonable time for
a party to request the establishment of a new convention support order; and
(b) the Department of Human Services shall take all appropriate measures to request a
child support order for the obligee if the application for recognition and enforcement was
received under Section 
78B-14-704
.
Section 26. Section 
78B-14-902 (Effective 07/01/15)
 is amended to read:
78B-14-902 (Effective 07/01/15).
Transitional provision.
[
The 2011 amendments to this chapter apply
] 
This chapter applies
 to proceedings begun
on or after [
May 10, 2011
] 
July 1, 2015
:
(1) to establish a support order or determine parentage of a child; or
(2) to register, recognize, enforce, or modify a prior support order, determination, or
agreement, whenever issued or entered.
Section 27. Section 
78B-15-610
 is amended to read:
78B-15-610.
Joinder of judicial proceedings.
(1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
parentage may be joined with a proceeding for adoption, termination of parental rights, child
custody or visitation, child support, divorce, annulment, legal separation or separate
maintenance, probate or administration of an estate, or other appropriate proceeding.
(2) A respondent may not join a proceeding described in Subsection (1) with a
proceeding to adjudicate parentage brought under Title 78B, Chapter 14, 
Utah
 Uniform
Interstate Family Support Act.
Section 28. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 2-11-15 1:38 PM
Office of Legislative Research and General Counsel