Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 196 (2020GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• addresses what a court shall order under certain circumstances for collection of an obligation or alleged obligation to pay past due child support or alimony.

Every vote on this bill

Bill text

DOMESTIC RELATIONS DEBT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
Daniel Hemmert
Cosponsors:
Cheryl K. Acton
Karen Kwan
LONG TITLE
General Description:
This bill addresses collections related to domestic relations debt.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ addresses what a court shall order under certain circumstances for collection of an
obligation or alleged obligation to pay past due child support or alimony.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
30-3-3.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-3.5
 is enacted to read:
 30-3-3.5.
Collection fee for past due child support or alimony.
(1) As used in this section:
(a) "Debtor" means a person obligated or allegedly obligated to pay a domestic
relations debt.
(b) "Domestic relations debt" means an obligation or alleged obligation to pay past due
child support or alimony.
(2) (a) A court shall order the amounts described in Subsection (2)(b) be paid, if:
(i) the court issues a judgment requiring the payment of a domestic relations debt by
the debtor;
(ii) imposing a collection fee on the debtor or in relation to the domestic relations debt
is not prohibited or otherwise restricted by another federal or state law; and
(iii) the person owed the domestic relations debt has a contingency arrangement with
an attorney to collect the domestic relations debt.
(b) If the conditions of Subsection (2)(a) are met, a court shall order payment of:
(i) the principal amount due;
(ii) applicable interest;
(iii) a collection fee equal to the amount provided in the contingency agreement, except
that the collection fee may not exceed the lesser of:
(A) the actual amount the person owed the domestic relations debt is required to pay
for collection costs, regardless of whether that amount is a specific dollar amount or a
percentage of the principal amount owed for the domestic relations debt; or
(B) 40% of the principal amount owed to the person for the domestic relations debt;
(iv) reasonable attorney fees; and
(v) costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i).
(3) The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred
at the time the person owed a domestic relations debt enters into an agreement with an attorney
to collect the domestic relations debt.
(4) An obligation to pay a collection fee imposed under this section is in addition to
any obligation to pay reasonable attorney fees that may exist.
(5) The Office of Recovery Services may not collect an order issued pursuant to
Subsection (2).