62A-11-307.2 - Duties of obligee after assignment of support rights.
62A-11-307.2. Duties of obligee after assignment of support rights.
(1) An obligee whose rights to support have been assigned under Section 35A-3-108 as acondition of eligibility for public assistance has the following duties:
(a) Unless a good cause or other exception applies, the obligee shall, at the request of theoffice:
(i) cooperate in good faith with the office by providing the name and other identifyinginformation of the other parent of the obligee's child for the purpose of:
(A) establishing paternity; or
(B) establishing, modifying, or enforcing a child support order;
(ii) supply additional necessary information and appear at interviews, hearings, and legalproceedings; and
(iii) submit the obligee's child and himself to judicially or administratively orderedgenetic testing.
(b) The obligee may not commence an action against an obligor or file a pleading tocollect or modify support without the office's written consent.
(c) The obligee may not do anything to prejudice the rights of the office to establishpaternity, enforce provisions requiring health insurance, or to establish and collect support.
(d) The obligee may not agree to allow the obligor to change the court or administrativelyordered manner or amount of payment of past, present, or future support without the office'swritten consent.
(2) (a) The office shall determine and redetermine, when appropriate, whether an obligeehas cooperated with the office as required by Subsection (1)(a).
(b) If the office determines that an obligee has not cooperated as required by Subsection(1)(a), the office shall:
(i) forward the determination and the basis for it to the Department of WorkforceServices, which shall inform the Department of Health of the determination, for a determinationof whether compliance by the obligee should be excused on the basis of good cause or otherexception; and
(ii) send to the obligee:
(A) a copy of the notice; and
(B) information that the obligee may, within 15 days of notice being sent:
(I) contest the office's determination of noncooperation by filing a written request for anadjudicative proceeding with the office; or
(II) assert that compliance should be excused on the basis of good cause or otherexception by filing a written request for a good cause exception with the Department ofWorkforce Services.
(3) The office's right to recover is not reduced or terminated if an obligee agrees to allowthe obligor to change the court or administratively ordered manner or amount of payment ofsupport regardless of whether that agreement is entered into before or after public assistance isfurnished on behalf of a dependent child.
(4) (a) If an obligee receives direct payment of assigned support from an obligor, theobligee shall immediately deliver that payment to the office.
(b) (i) If an obligee agrees with an obligor to receive payment of support other than in thecourt or administratively ordered manner and receives payment as agreed with the obligor, theobligee shall immediately deliver the cash equivalent of the payment to the office.
(ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i) exceedsthe amount of the court or administratively ordered support due, the office shall return the excessto the obligee.
(5) If public assistance furnished on behalf of a dependent child is terminated, the officemay continue to provide paternity establishment and support collection services. Unless theobligee notifies the office to discontinue these services, the obligee is considered to have acceptedand is bound by the rights, duties, and liabilities of an obligee who has applied for those services.
Amended by Chapter 174, 1997 General Session
Amended by Chapter 232, 1997 General Session