78B-12-112 - Payment under child support order -- Judgment.
78B-12-112. Payment under child support order -- Judgment.
(1) All monthly payments of child support shall be due on the 1st day of each monthpursuant to Title 62A, Chapter 11, Part 3, Child Support Services Act, Part 4, IncomeWithholding in IV-D Cases, and Part 5, Income Withholding in Non-IV-D Cases.
(2) For purposes of child support services and income withholding pursuant to Title 62A,Chapter 11, Part 3 and Part 4, child support is not considered past due until the 1st day of thefollowing month. For purposes other than those specified in Subsection (1) support shall bepayable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the orderor decree provides for a different time for payment.
(3) Each payment or installment of child or spousal support under any support order, asdefined by Section 78B-12-102, is, on and after the date it is due:
(a) a judgment with the same attributes and effect of any judgment of a district court,except as provided in Subsection (4);
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction;and
(c) not subject to retroactive modification by this or any other jurisdiction, except asprovided in Subsection (4).
(4) A child or spousal support payment under a support order may be modified withrespect to any period during which a modification is pending, but only from the date of service ofthe pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the obligee is thepetitioner. If the tribunal orders that the support should be modified, the effective date of themodification shall be the month following service on the parent whose support is affected. Oncethe tribunal determines that a modification is appropriate, the tribunal shall order a judgment tobe entered for any difference in the original order and the modified amount for the period fromthe service of the pleading until the final order of modification is entered.
(5) The judgment provided for in Subsection (3)(a), to be effective and enforceable as alien against the real property interest of any third party relying on the public record, shall bedocketed in the district court in accordance with Sections 78B-5-202 and 62A-11-312.5.
Renumbered and Amended by Chapter 3, 2008 General Session