26B-9-201. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

As used in this part:

(1)"Adjudicative proceeding" means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(2)"Administrative order" means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office.

(3)"Arrears" means support debt.

(4)"Assistance" means public assistance as defined in Section 26B-9-101 .

(5)"Cash medical support" means an obligation to equally share all reasonable and necessary medical and dental expenses of children.

(6)"Child" means the same as that term is defined in Section 81-6-101 .

(7)"Child support" means the same as that term is defined in Section 26B-9-101 .

(8)"Child support guidelines" means the same as that term is defined in Section 81-6-101 .

(9)"Child support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a tribunal for child support and related costs and fees, interest and penalties, income withholding, attorney fees, and other relief.

(10)"Child support services" means the same as that term is defined in Section 26B-9-101 .

(11)"Court order" means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction.

(12)"Director" means the director of the Office of Recovery Services.

(13)"Disposable earnings" means that part of the earnings of an individual remaining after the deduction of all amounts required by law to be withheld.

(14)"High-volume automated administrative enforcement" in interstate cases means, on the request of another state, the identification by the office, through automatic data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in the requesting state, and the seizure of the assets by the office, through levy or other appropriate processes.

(15)"Income" means the same as that term is defined in Section 26B-9-101 .

(16)"IV-D services" means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651, et seq.

(17)"Notice of agency action" means the notice required to commence an adjudicative proceeding in accordance with Section 63G-4-201 .

(18)"Obligee" means an individual, this state, another state, or other comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child support or public assistance.

(19)"Obligor" means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting.

(20)"Office" means the Office of Recovery Services.

(21)"Ongoing expense for child care" means the same as that term is defined in Section 81-6-101 .

(22)"Parent" means the same as that term is defined in Section 81-1-101 .

(23)"Past-due support" means support debt.

(24)"Person" includes an individual, firm, corporation, association, political subdivision, department, or office.

(25)"Public assistance" means the same as that term is defined in Section 26B-9-101 .

(26)"Presiding officer" means a presiding officer described in Section 63G-4-103 .

(27)"Support" includes past-due, present, and future obligations established by:

(a)a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a child; and

(b)a tribunal for the financial support of a spouse or former spouse with whom the obligor's child resides if the obligor also owes a child support obligation that is being enforced by the state.

(28)"Support debt" means the debt created by nonpayment of support.

(29)"Support order" means a child support order.

(30)"Tribunal" means the district court, the department, the Office of Recovery Services, or court or administrative agency of any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.

Amended by Chapter 479 , 2025 General Session