Utah Code
Page 1
Effective 5/3/2023
Part 1
Office of Recovery Services
Effective until 9/1/2024
26B-9-101 Definitions.
As used in this part:
(1) "Account" means a demand deposit account, checking or negotiable withdrawal order account,
savings account, time deposit account, or money-market mutual fund account.
(2) "Assistance" means public assistance.
(3) "Cash medical support" means an obligation to equally share all reasonable and necessary
medical and dental expenses of children.
(4) "Child support" means the same as that term is defined in Section 26B-9-301.
(5) "Child support services" means services provided pursuant to Part D of Title IV of the Social
Security Act, 42 U.S.C. Sec. 651, et seq.
(6) "Director" means the director of the Office of Recovery Services.
(7) "Disposable earnings" means that part of the earnings of an individual remaining after the
deduction of all amounts required by law to be withheld.
(8) "Financial institution" means:
(a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, 12
U.S.C. Sec. 1813(c);
(b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12 U.S.C. Sec.
1813(u);
(c) any federal credit union or state credit union as defined in the Federal Credit Union Act, 12
U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as defined in
12 U.S.C. Sec. 1786(r);
(d) a broker-dealer as defined in Section 61-1-13; or
(e) any benefit association, insurance company, safe deposit company, money-market mutual
fund, or similar entity authorized to do business in the state.
(9) "Financial record" is defined in the Right to Financial Privacy Act of 1978, 12 U.S.C. Sec. 3401.
(10)
(a) "Income" means earnings, compensation, or other payment due to an individual, regardless
of source, whether denominated as wages, salary, commission, bonus, pay, or contract
payment, or denominated as advances on future wages, salary, commission, bonus, pay,
allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive
pay.
(b) "Income" includes:
(i) all gain derived from capital assets, labor, or both, including profit gained through sale or
conversion of capital assets;
(ii) interest and dividends;
(iii) periodic payments made under pension or retirement programs or insurance policies of any
type;
(iv) unemployment compensation benefits;
(v) workers' compensation benefits; and
(vi) disability benefits.
(11) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.
(12) "IV-D child support services" means the same as child support services.
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(13) "New hire registry" means the centralized new hire registry created in Section 35A-7-103.
(14) "Obligee" means an individual, this state, another state, or other comparable jurisdiction to
whom a debt is owed or who is entitled to reimbursement of child support or public assistance.
(15) "Obligor" means a person, firm, corporation, or the estate of a decedent owing money to this
state, to an individual, to another state, or other comparable jurisdiction in whose behalf this
state is acting.
(16) "Office" means the Office of Recovery Services.
(17) "Provider" means a person or entity that receives compensation from any public assistance
program for goods or services provided to a public assistance recipient.
(18) "Public assistance" means:
(a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
(b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
(c) foster care maintenance payments under Part E of Title IV of the Social Security Act, 42
U.S.C. Sec. 670, et seq.;
(d) SNAP benefits as defined in Section 35A-1-102; or
(e) any other public funds expended for the benefit of a person in need of financial, medical, food,
housing, or related assistance.
(19) "State case registry" means the central, automated record system maintained by the office
and the central, automated district court record system maintained by the Administrative Office
of the Courts, that contains records which use standardized data elements, such as names,
Social Security numbers and other uniform identification numbers, dates of birth, and case
identification numbers, with respect to:
(a) each case in which services are being provided by the office under the state IV-D child
support services plan; and
(b) each support order established or modified in the state on or after October 1, 1998.
Amended by Chapter 305, 2023 General Session
Effective 9/1/2024
26B-9-101 Definitions.
As used in this part:
(1) "Account" means a demand deposit account, checking or negotiable withdrawal order account,
savings account, time deposit account, or money-market mutual fund account.
(2) "Assistance" means public assistance.
(3) "Child" means the same as that term is defined in Section 81-6-101.
(4)
(a) "Child support" means a base child support award as defined in Section 81-6-101, or a
financial award for uninsured monthly medical expenses, ordered by a tribunal for the support
of a child, including current periodic payments, all arrearages that accrue under an order
for current periodic payments, and sum certain judgments awarded for arrearages, medical
expenses, and child care costs.
(b) "Child support" includes obligations ordered by a tribunal for the support of a spouse or
former spouse with whom the child resides if the spousal support is collected with the child
support.
(5) "Child support services" means services provided pursuant to Part D of Title IV of the Social
Security Act, 42 U.S.C. Sec. 651, et seq.
(6) "Director" means the director of the Office of Recovery Services.
(7) "Financial institution" means:
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(a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, 12
U.S.C. Sec. 1813(c);
(b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12 U.S.C. Sec.
1813(u);
(c) any federal credit union or state credit union as defined in the Federal Credit Union Act, 12
U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as defined in
12 U.S.C. Sec. 1786(r);
(d) a broker-dealer as defined in Section 61-1-13; or
(e) any benefit association, insurance company, safe deposit company, money-market mutual
fund, or similar entity authorized to do business in the state.
(8) "Financial record" means the same as that term is defined in the Right to Financial Privacy Act
of 1978, 12 U.S.C. Sec. 3401.
(9)
(a) "Income" means earnings, compensation, or other payment due to an individual, regardless
of source, whether denominated as wages, salary, commission, bonus, pay, or contract
payment, or denominated as advances on future wages, salary, commission, bonus, pay,
allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive
pay.
(b) "Income" includes:
(i) all gain derived from capital assets, labor, or both, including profit gained through sale or
conversion of capital assets;
(ii) interest and dividends;
(iii) periodic payments made under pension or retirement programs or insurance policies of any
type;
(iv) unemployment compensation benefits;
(v) workers' compensation benefits; and
(vi) disability benefits.
(10) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.
(11) "IV-D child support services" means child support services.
(12) "New hire registry" means the centralized new hire registry created in Section 35A-7-103.
(13) "Obligee" means an individual, this state, another state, or other comparable jurisdiction to
whom a debt is owed or who is entitled to reimbursement of child support or public assistance.
(14) "Obligor" means a person, firm, corporation, or the estate of a decedent owing money to this
state, to an individual, to another state, or other comparable jurisdiction in whose behalf this
state is acting.
(15) "Office" means the Office of Recovery Services.
(16) "Public assistance" means:
(a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
(b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
(c) foster care maintenance payments under Part E of Title IV of the Social Security Act, 42
U.S.C. Sec. 670, et seq.;
(d) SNAP benefits as defined in Section 35A-1-102; or
(e) any other public funds expended for the benefit of a person in need of financial, medical, food,
housing, or related assistance.
(17) "State case registry" means the central, automated record system maintained by the office
and the central, automated district court record system maintained by the Administrative Office
of the Courts, that contains records which use standardized data elements, such as names,
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Social Security numbers and other uniform identification numbers, dates of birth, and case
identification numbers, with respect to:
(a) each case in which services are being provided by the office under the state IV-D child
support services plan; and
(b) each support order established or modified in the state on or after October 1, 1998.
Amended by Chapter 366, 2024 General Session
26B-9-102 Legislative intent -- Liberal construction.
It is the intent of the Legislature that the integrity of the public assistance programs of this state
be maintained and that the taxpayers support only those persons in need and only as a resource
of last resort. To this end, this part should be liberally construed.
Renumbered and Amended by Chapter 305, 2023 General Session
26B-9-103 Office of Recovery Services -- Creation.
(1) There is created within the department the Office of Recovery Services which has the powers
and duties provided by law.
(2) The office is under the administrative and general supervision of the executive director.
Renumbered and Amended by Chapter 305, 2023 General Session
Effective until 9/1/2024
26B-9-104 Duties of the Office of Recovery Services.
(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) for the purpose of collecting child support, to carry out the obligations of the department
contained in:
(i) this chapter;
(ii) Title 78B, Chapter 12, Utah Child Support Act;
(iii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; and
(iv) Title 78B, Chapter 15, Utah Uniform Parentage Act;
(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 3,
Income Withholding in IV-D Cases;
(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 26B-9-208;
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(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 26B-9-213;
(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 26B-9-207 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).
Renumbered and Amended by Chapter 305, 2023 General Session
Effective 9/1/2024
26B-9-104 Duties of the Office of Recovery Services.
(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) for the purpose of collecting child support, to carry out the obligations of the department
contained in:
(i) this chapter;
(ii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act;
(iii) Title 78B, Chapter 15, Utah Uniform Parentage Act; and
(iv) Title 81, Chapter 6, Child Support;
(c) to collect money due the department which could act to offset expenditures by the state;
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(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 3,
Income Withholding in IV-D Cases;
(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 26B-9-208;
(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 26B-9-213;
(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 26B-9-207 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).
Amended by Chapter 366, 2024 General Session
26B-9-105 Disclosure of information regarding employees.
(1) Upon request by the office, for purposes of an official investigation made in connection with its
duties under Section 26B-9-104, the following disclosures shall be made to the office:
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(a) a public or private employer shall disclose an employee's name, address, date of birth,
income, social security number, and health insurance information pertaining to the employee
and the employee's dependents;
(b) an insurance organization subject to Title 31A, Insurance Code, or the insurance
administrators of a self-insured employer shall disclose health insurance information
pertaining to an insured or an insured's dependents, if known; and
(c) a financial institution subject to Title 7, Financial Institutions Act, shall disclose financial record
information of a customer named in the request.
(2) The office shall specify by rule the type of health insurance and financial record information
required to be disclosed under this section.
(3) All information received under this section is subject to Title 63G, Chapter 2, Government
Records Access and Management Act.
(4) An employer, financial institution, or insurance organization, or its agent or employee, is not
civilly or criminally liable for providing information to the office in accordance with this section,
whether the information is provided pursuant to oral or written request.
Renumbered and Amended by Chapter 305, 2023 General Session
26B-9-106 Adjudicative proceedings.
The office and the department shall comply with the procedures and requirements of Title 63G,
Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Renumbered and Amended by Chapter 305, 2023 General Session
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 establish, modify, and
enforce a support order in the name of the state, any department of the state, the office, or an
obligee.
(2) No agreement between an obligee and an obligor as to past, present, or future obligations,
reduces or terminates the right of the office to recover from that obligor on behalf of the
department for public assistance provided, unless the department has consented to the
agreement in writing.
(3) Any court order that includes a money judgment for support to be paid to an obligee by any
person is considered to be in favor of the office to the extent of the amount of the office's right
to recover public assistance from the judgment debtor.
Renumbered and Amended by Chapter 305, 2023 General Session
26B-9-108 Director -- Powers of office -- Representation by county attorney or attorney
general -- Receipt of grants -- Rulemaking and enforcement.
(1) The director of the office shall be appointed by the executive director.
(2) The office has power to administer oaths, certify to official acts, issue subpoenas, and to
compel witnesses and the production of books, accounts, documents, and evidence.
(3) The office has the power to seek administrative and judicial orders to require an obligor
who owes past-due support and is obligated to support a child receiving public assistance
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to participate in appropriate work activities if the obligor is unemployed and is not otherwise
incapacitated.
(4) The office has the power to enter into reciprocal child support enforcement agreements with
foreign countries consistent with federal law and cooperative enforcement agreements with
Indian Tribes.
(5) The office has the power to pursue through court action the withholding, suspension, and
revocation of driver's licenses, professional and occupational licenses, and recreational
licenses of individuals owing overdue support or failing, after receiving appropriate notice, to
comply with subpoenas or orders relating to paternity or child support proceedings pursuant to
Section 78B-6-315.
(6) It is the duty of the attorney general or the county attorney of any county in which a cause of
action can be filed, to represent the office. Neither the attorney general nor the county attorney
represents or has an attorney-client relationship with the obligee or the obligor in carrying out
the duties arising under this chapter.
(7) The office, with department approval, is authorized to receive any grants or stipends from the
federal government or other public or private source designed to aid the efficient and effective
operation of the recovery program.
(8) The office may adopt, amend, and enforce rules as may be necessary to carry out the
provisions of this chapter.
Renumbered and Amended by Chapter 305, 2023 General Session
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 information, subject to appropriate federal, state, and local
agency restrictions governing the dissemination of that information.
(2) All federal and state agencies conducting activities under Title IV-D of the Social Security Act
shall have access through the office to any system used by this state to locate an individual for
purposes relating to motor vehicles or law enforcement.
Renumbered and Amended by Chapter 305, 2023 General Session
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
eligible for old-age assistance but who participated in the assistance granted to the family is
recoverable in the same manner as old-age assistance granted to the old-age recipient.
(2) At the time of the settlement of a lien given as a condition of eligibility for the old-age assistance
program, there shall be allowed a cash exemption of $1,000, less any additional money
invested by the department in the home of an old-age recipient or recipients of other assistance
programs either as payment of taxes, home and lot improvements, or to protect the interest
of the state in the property for necessary improvements to make the home habitable, to be
deducted from the market or appraised value of the real property. When it is necessary to
sell property or to settle an estate the department may grant reasonable costs of sale and
settlement of an estate as follows:
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(a) When the total cost of probate, including the sale of property when it is sold, and the cost
of burial and last illness do not exceed $1,000, the exemption of $1,000 shall be the total
exemption, which shall be the only amount deductible from the market or appraised value of
the property.
(b) Subject to Subsection (2)(c), when $1,000 is not sufficient to pay for the costs of probate, the
following expenditures are authorized:
(i) cost of funeral expenses not exceeding $1,500;
(ii) costs of terminal illness, provided the medical expenses have not been paid from any state
or federally-funded assistance program;
(iii) realty fees, if any;
(iv) costs of revenue stamps, if any;
(v) costs of abstract or title insurance, whichever is the least costly;
(vi) attorney fees not exceeding the recommended fee established by the Utah State Bar;
(vii) administrator's fee not to exceed $150;
(viii) court costs; and
(ix) delinquent taxes, if any.
(c) An attorney, who sells the property in an estate that the attorney is probating, is entitled to the
lesser of:
(i) a real estate fee; or
(ii) an attorney fee.
(3) The amounts listed in Subsection (2)(b) are to be considered only when the total costs of
probate exceed $1,000, and those amounts are to be deducted from the market or appraised
value of the property in lieu of the exemption of $1,000 and are not in addition to the $1,000
exemption.
(4) When both husband and wife are recipients and one or both of them own an interest in real
property, the lien attaches to the interests of both for the reimbursement of assistance received
by either or both spouses. Only one exemption, as provided in this section, is allowed.
(5) When a lien was executed by one party on property that is owned in joint tenancy with full rights
of survivorship, the execution of the lien severs the joint tenancy and a tenancy in common
results, insofar as a department lien is affected, unless the recipients are husband and wife.
When recipients are husband and wife who own property in joint tenancy with full rights of
survivorship, the execution of a lien does not sever the joint tenancy, insofar as a department
lien might be affected, and settlement of the lien shall be in accordance with the provisions of
Subsection (4).
(6) The amount of the lien given for old-age assistance shall be the total amount of assistance
granted up to the market or appraised value of the real or personal property, less the amount
of the legal maximum property limitations from the execution of the lien until settlement thereof.
There shall be no exemption of any kind or nature allowed against real or personal property
liens granted for old-age assistance except assistance in the form of medical care, and nursing
home care, other types of congregate care, and similar plans for persons with a physical or
mental disability.
(7) When it is necessary to sell property or to settle an estate, the department is authorized to
approve payment of the reasonable costs of sale and settlement of an estate on which a lien
has been given for old-age assistance.
(8) The amount of reimbursement of all liens held by the department shall be determined on the
basis of the formulas described in this section, when they become due and payable.
(9) All lien agreements shall be recorded with the county recorder of the county in which the real
property is located, and that recording has the same effect as a judgment lien on any real
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property in which the recipient has any title or interest. All such real property including but
not limited to, joint tenancy interests, shall, from the time a lien agreement is recorded, be
and become charged with a lien for all assistance received by the recipient or his spouse as
provided in this section. That lien has priority over all unrecorded encumbrances. No fees or
costs shall be paid for such recording.
(10) Liens shall become due and payable, and the department shall seek collection of each lien
now held:
(a) when the property to which the lien attaches is transferred to a third party prior to the
recipient's death, provided, that if other property is purchased by the recipient to be used by
the recipient as a home, the department may transfer the amount of the lien from the property
sold to the property purchased;
(b) upon the death of the recipient and the recipient's spouse, if any. When the heirs or devisees
of the property are also recipients of public assistance, or when other hardship circumstances
exist, the department may postpone settlement of the lien if that would be in the best interest
of the recipient and the state;
(c) when a recipient voluntarily offers to settle the lien; or
(d) when property subject to a lien is no longer used by a recipient and appears to be
abandoned.
(11) When a lien becomes due and payable, a certificate in a form approved by the department
certifying to the amount of assistance provided to the recipient and the amount of the lien,
shall be mailed to the recipient, the recipient's heirs, or administrators of the estate, and
the same shall be allowed, approved, filed, and paid as a preferred claim, as provided in
Subsection 75-3-805(1)(e) in the administration of the decedent's estate. The amount so
certified constitutes the entire claim, as of the date of the certificate, against the real or personal
property of the recipient or the recipient's spouse. Any person dealing with the recipient, heirs,
or administrators, may rely upon that certificate as evidence of the amount of the existing
lien against that real or personal property. That amount, however, shall increase by accruing
interest until time of final settlement, at the rate of 6% per annum, commencing six months after
the lien becomes due and payable, or at the termination of probate proceedings, whichever
occurs later.
(12) If heirs are unable to make a lump-sum settlement of the lien at the time it becomes due and
payable, the department may permit settlement based upon periodic repayments in a manner
prescribed by the department, with interest as provided in Subsection (11).
(13) All sums so recovered, except those credited to the federal government, shall be retained by
the department.
(14) The department is empowered to accept voluntary conveyance of real or personal property in
satisfaction of its interest therein. All property acquired by the department under the provisions
of this section may be disposed of by public or private sale under rules prescribed by the
department. The department is authorized to execute and deliver any document necessary to
convey title to all property that comes into its possession, as though the department constituted
a corporate entity.
(15) Any real property acquired by the department, either by foreclosure or voluntary conveyance,
is tax exempt, so long as it is so held.
Renumbered and Amended by Chapter 305, 2023 General Session
26B-9-111 Assignment of support -- Children in state custody.
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(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) The department has the right to receive payment for child support assigned to it under
Subsection (1).
(3) The Office of Recovery Services is the payee for the department for payment received under
this section.
Renumbered and Amended by Chapter 305, 2023 General Session
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 which
provides for electronic payment of child support under Part 3, Income Withholding in IV-
D Cases, or Part 4, Income Withholding in Non IV-D Cases. Electronic payment shall be
accomplished through an automatic withdrawal from the obligor's account at a financial
institution.
(2) The alternative payment agreement shall:
(a) provide for electronic payment of child support in lieu of income withholding;
(b) specify the date on which electronic payments will be withdrawn from an obligor's account;
and
(c) specify the amount which will be withdrawn.
(3) The office may terminate the agreement and initiate immediate income withholding, as defined
in Section 26B-9-301, if:
(a) required to meet federal or state requirements or guidelines;
(b) funds available in the account at the scheduled time of withdrawal are insufficient to satisfy
the agreement; or
(c) requested by the obligor.
(4) If the payment amount requires adjusting, the office may initiate a new written agreement with
the obligor. If, for any reason, the office and obligor fail to agree on the terms, the office may
terminate the agreement and initiate income withholding.
(5) If an agreement is terminated for insufficient funds, a new agreement may not be entered into
between the office and obligor for a period of at least 12 months.
(6) The office shall make rules specifying eligibility requirements for obligors to enter into
alternative payment agreements.
Renumbered and Amended by Chapter 305, 2023 General Session
26B-9-113 Mandatory distribution to obligee through electronic funds transfer.
(1) Notwithstanding any provision of this chapter to the contrary, the office shall, except as
provided in Subsection (3), distribute child support payments, under Subsection 26B-9-312(2)
or Section 26B-9-406, by electronic funds transfer.
(2) Distribution of child support payments by electronic payment under this section shall be made
to:
(a) an account of the obligee; or
(b) an account that may be accessed by the obligee through the use of an electronic access
card.
(3)
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Page 12
(a) Subject to Subsection (3)(b), the office may make rules, pursuant to Title 63G, Chapter
3, Utah Administrative Rulemaking Act, to allow exceptions to the requirement to make
distributions by electronic funds transfer under Subsection (1).
(b) The rules described in Subsection (3)(a) may only allow exceptions under circumstances
where:
(i) requiring distribution by electronic funds transfer would result in an undue hardship to the
office or a person; or
(ii) it is not likely that distribution will be made to the obligee on a recurring basis.
Renumbered and Amended by Chapter 305, 2023 General Session