78A-6-1106 - Child support obligation when custody of a child is vested in an individual or institution.
78A-6-1106. Child support obligation when custody of a child is vested in anindividual or institution.
(1) When legal custody of a child is vested by the court in a secure youth correctionsfacility or any other state department, division, or agency other than the child's parents, or if theguardianship of the child has been granted to another party and an agreement for a guardianshipsubsidy has been signed by the guardian, the court shall order the parents, a parent, or any otherobligated person to pay child support for each month the child is in custody. In the sameproceeding the court shall inform the parents, a parent, or any other obligated person, verballyand in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,Utah Child Support Act.
(2) If legal custody of a child is vested by the court in a secure youth corrections facility,or any other state department, division, or agency, the court may refer the establishment of achild support order to the Office of Recovery Services. The referral shall be sent to the Office ofRecovery Services within three working days of the hearing. Support obligation amounts shallbe set by the Office of Recovery Services in accordance with Title 78B, Chapter 12, Utah ChildSupport Act.
(3) If referred to the Office of Recovery Services pursuant to Subsection (2), the courtshall also inform the parties that they are required to contact the Office of Recovery Serviceswithin 30 days of the date of the hearing to establish a child support order and the penalty inSubsection (5) for failing to do so. If there is no existing child support order for the child, theliability for support shall accrue beginning on the 61st day following the hearing that occurs thefirst time the court vests custody of the child in a secure youth corrections facility, or any otherstate department, division, or agency other than his parents.
(4) If a child is returned home and legal custody is subsequently vested by the court in asecure youth corrections facility or any other state department, division, or agency other than hisparents, the liability for support shall accrue from the date the child is subsequently removedfrom the home, including time spent in detention or sheltered care.
(5) (a) If the parents, parent, or other obligated person meets with the Office of RecoveryServices within 30 days of the date of the hearing, the child support order may not include ajudgment for past due support for more than two months.
(b) Notwithstanding Subsection (5)(a), the court may order the liability of support tobegin to accrue from the date of the proceeding referenced in Subsection (1) if:
(i) the parents, parent, or any other person obligated fails to meet with the Office ofRecovery Services within 30 days after being informed orally and in writing by the court of thatrequirement; and
(ii) the Office of Recovery Services took reasonable steps under the circumstances tocontact the parents, parent, or other person obligated within the subsequent 30-day period tofacilitate the establishment of the child support order.
(c) For purposes of Subsection (5)(b)(ii), the Office of Recovery Services shall bepresumed to have taken reasonable steps if the office:
(i) has a signed, returned receipt for a certified letter mailed to the address of the parents,parent, or other obligated person regarding the requirement that a child support order beestablished; or
(ii) has had a documented conversation, whether by telephone or in person, with theparents, parent, or other obligated person regarding the requirement that a child support order be
established.
(6) In collecting arrears, the Office of Recovery Services shall comply with Section62A-11-320 in setting a payment schedule or demanding payment in full.
(7) Unless otherwise ordered, the parents or other person shall pay the child support tothe Office of Recovery Services. The clerk of the court, the Office of Recovery Services, or theDepartment of Human Services and its divisions shall have authority to receive periodicpayments for the care and maintenance of the child, such as Social Security payments or railroadretirement payments made in the name of or for the benefit of the child.
(8) No court order under this section against a parent or other person shall be entered,unless notice of hearing has been served within the state, a voluntary appearance is made, or awaiver of service given. The notice shall specify that a hearing with respect to the financialsupport of the child will be held.
(9) An existing child support order payable to a parent or other obligated person shall beassigned to the Department of Human Services as provided in Section 62A-1-117.
(10) (a) Subsections (3) through (9) shall not apply if legal custody of a child is vested bythe court in an individual.
(b) If legal custody of a child is vested by the court in an individual, the court may orderthe parents, a parent, or any other obligated person to pay child support to the individual. In thesame proceeding the court shall inform the parents, a parent, or any other obligated person,verbally and in writing, of the requirement to pay child support in accordance with Title 78B,Chapter 12, Utah Child Support Act.
Renumbered and Amended by Chapter 3, 2008 General Session