81-6-106. Duty of obligor -- Enforcement of right of support.

540 words·~2 min read·/ut/title-81/chapter-6/81-6-106

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

Effective 9/1/2024

(a)An obligor who is present in, or a resident of, this state has the duty to provide support to the child regardless of the presence or residence of the obligee.

(b)The obligee may enforce the obligee's right of support against the obligor.

(a)The office may proceed pursuant to this part or any other applicable statute on behalf of:

(i)the Department of Health and Human Services;

(ii)any other department or agency of this state that provides public assistance, as defined by Section 26B-9-101 , to enforce the right to recover public assistance; or

(iii)the obligee, to enforce the obligee's right of support against the obligor.

(b)Whenever any court action is commenced by the office to enforce payment of the obligor's support obligation, the attorney general or the county attorney of the county of residence of the obligee shall represent the office.

(c)The attorney general or the county attorney does not represent or have an attorney-client relationship with the obligee or the obligor in carrying out the duties under this chapter.

(a)A person may not commence an action, file a pleading, or submit a written stipulation to the court, without complying with Subsection (3)(b), if the purpose or effect of the action, pleading, or stipulation is to:

(i)establish paternity;

(ii)establish or modify a support obligation;

(iii)change the court-ordered manner of payment of support;

(iv)recover support due or owing; or

(v)appeal issues regarding child support laws.

(i)When taking an action described in Subsection (3)(a), a person must file an affidavit with the court at the time the action is commenced, the pleading is filed, or the stipulation is submitted stating whether child support services have been or are being provided under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child who is a subject of the action, pleading, or stipulation.

(ii)If child support services have been or are being provided, under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and a copy of the pleading or stipulation to the child and family support division of the Office of the Attorney General.

(A)If notice is not given in accordance with this Subsection (3), the office is not bound by any decision, judgment, agreement, or compromise rendered in the action.

(B)For purposes of appeals, service must be made on the Office of the Director for the Office of Recovery Services.

(c)If child support services have been or are being provided, that person shall join the office as a party to the action, or mail or deliver a written request to the child and family support division of the Office of the Attorney General, asking the office to join as a party to the action.

(d)A copy of the request described in Subsection (3)(c), along with proof of service, shall be filed with the court.

(e)The office shall be represented as provided in Subsection (2)(b).

Renumbered and Amended by Chapter 366 , 2024 General Session