reglab/housing_qa huggingface dataset:
UT Code § 62A-11-312.5 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 312.5 - Liens by operation of law and writs of garnishment.

62A-11-312.5. Liens by operation of law and writs of garnishment.    (1) Each payment or installment of child support is, on and after the date it is due, a judgment with the same attributes and effect of any judgment of a district court in accordance with Section 78B-12-112 and for purposes of Section 78B-5-202.     (2)   (a) A judgment under Subsection (1) or final administrative order shall constitute a lien against the real property of the obligor upon the filing of a notice of judgment-lien in the district court where the obligor's real property is located if the notice:   (i) specifies the amount of past-due support; and     (ii) complies with the procedural requirements of Section 78B-5-202.       (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to execute a judgment or final administrative order under this section against real or personal property in the obligor's possession.       (3)   (a) The office may issue a writ of garnishment against the obligor's personal property in the possession of a third party for a judgment under Subsection (1) or a final administrative order in the same manner and with the same effect as if the writ were issued on a judgment of a district court if:   (i) the judgment or final administrative order is recorded on the office's automated case registry; and     (ii) the writ is signed by the director or the director's designee and served by certified mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.       (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as provided by Section 62A-11-316.      Amended by Chapter 3, 2008 General Session
UT Code § 62A-11-313 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 313 - Effect of Lien.

62A-11-313. Effect of Lien.    (1) After receiving notice that a support lien has been filed under this part by the office, no person in possession of any property which may be subject to that lien may pay over, release, sell, transfer, encumber, or convey that property to any person other than the office, unless he first receives:   (a) a release or waiver thereof from the office; or     (b) a court order that orders release of the lien on the basis that the debt does not exist or has been satisfied.       (2) Whenever any such person has in his possession earnings, deposits, accounts, or balances in excess of $100 over the amount of the debt claimed by the office, that person may, without liability under this part, release that excess to the obligor.    Amended by Chapter 62, 1989 General Session
UT Code § 62A-11-315.5 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 315.5 - Enforcement of liens arising in another state.

62A-11-315.5. Enforcement of liens arising in another state.  A lien arising in another state shall be accorded full faith and credit in this state, without any additional requirement of judicial notice or hearing prior to the enforcement of the lien, if the office, parent, or state IV-D agency who seeks to enforce the lien complies with Section 62A-11-304.1 or Section 62A-11-312.5.  Enacted by Chapter 232, 1997 General Session
UT Code § 62A-11-316 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 316 - Requirement to honor voluntary assignment of earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings subject to support lien or garnishment.

62A-11-316. Requirement to honor voluntary assignment of earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings subject to support lien or garnishment.    (1)   (a) Every person, firm, corporation, association, political subdivision, or department of the state shall honor, according to its terms, a duly executed voluntary assignment of earnings which is presented by the office as a plan to satisfy or retire a support debt or obligation.     (b) The requirement to honor an assignment of earnings, and the assignment of earnings itself, are applicable whether the earnings are to be paid presently or in the future, and continue in effect until released in writing by the office.     (c) Payment of money pursuant to an assignment of earnings presented by the office shall serve as full acquittance under any contract of employment, and the state shall defend the employer and hold him harmless for any action taken pursuant to the assignment of earnings.     (d) The office shall be released from liability for improper receipt of money under an assignment of earnings upon return of any money so received.       (2) An employer may not discharge or prejudice any employee because his earnings have been subjected to support lien, wage assignment, or garnishment for any indebtedness under this part.     (3) If a person discharges an employee in violation of Subsection (2), he is liable to the employee for the damages he may suffer, and, additionally, to the office in an amount equal to the debt which is the basis of the assignment or garnishment, plus costs, interest, and attorneys' fees, or a maximum of $1,000, whichever is less.     (4) The maximum part of the aggregate disposable earnings of an individual for any work pay period which may be subjected to a garnishment to enforce payment of a judicial or administrative judgment arising out of failure to support dependent children may not exceed 50% of his disposable earnings for the work pay period.     (5) The support lien or garnishment shall continue to operate and require that person to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until released in writing by the court or office.    Amended by Chapter 203, 1988 General Session
UT Code § 62A-11-319 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 319 - Release of lien, attachment, or garnishment by department.

62A-11-319. Release of lien, attachment, or garnishment by department.  The office may, at any time, release a support lien, wage assignment, attachment, or garnishment on all or part of the property of the obligor, or return seized property without liability, if assurance of payment is considered adequate by the office, or if that action will facilitate collection of the support debt. However, that release or return does not prevent future action to collect from the same or other property. The office may also waive provisions providing for the collection of interest on accounts due, if that waiver would facilitate collection of the support debt.  Enacted by Chapter 1, 1988 General Session
UT Code § 62A-11-320 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 320 - Payment schedules.

62A-11-320. Payment schedules.    (1) The office may:   (a) set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the obligor; or     (b) demand payment in full.       (2) If a support debt is reduced to a schedule of payments and made subject to income withholding, the total monthly amount of the scheduled payment, current support payment, and cost of health insurance attributable to a child for whom the obligor has been ordered may only be subject to income withholding in an amount that does not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).     (3)   (a) Within 15 days of receiving notice, an obligor may contest a payment schedule as inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules under Subsection (1) by filing a written request for an adjudicative proceeding.     (b) For purposes of Subsection (3)(a), notice includes:   (i) notice sent to the obligor by the office in accordance with Section 62A-11-304.4;     (ii) participation by the obligor in the proceedings related to the establishment of the payment schedule; and     (iii) receiving a paycheck in which a reduction has been made in accordance with a payment schedule established under Subsection (1).        Amended by Chapter 232, 1997 General Session
UT Code § 62A-11-320.5 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 320.5 - Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.

62A-11-320.5. Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.    (1) If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if:   (a) requested by a parent or legal guardian involved in a case receiving IV-D services; or     (b) there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.       (2) If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines. If there is such a difference and the difference is not of a temporary nature, the office shall:   (a) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the guidelines; or     (b) with respect to a child support order issued or modified by a court, file a petition with the court to adjust the amount to that which is provided for in the guidelines.       (3) The office may use automated methods to:   (a) collect information and conduct reviews under Subsection (2); and     (b) identify child support orders in which there is a difference of 10% or more between the amount of child support ordered and the amount that would be required under the child support guidelines for review under Subsection (1)(b).       (4)   (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall provide notice of the request to the other parent within five days and in accordance with Section 62A-11-304.4.     (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall provide notice to the parties of:   (i) a proposed adjustment under Subsection (2)(a); or     (ii) a proposed petition to be filed in court under Subsection (2)(b).         (5)   (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal guardian may respond to a request for review filed with the office.     (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and providing documentation that refutes the adjustment or petition.       (6) A showing of a substantial change in circumstances is not necessary for an adjustment under this section.    Repealed and Re-enacted by Chapter 232, 1997 General Session
UT Code § 62A-11-320.6 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 320.6 - Review and adjustment of support order for substantial change in circumstances outside three-year cycle.

62A-11-320.6. Review and adjustment of support order for substantial change in circumstances outside three-year cycle.    (1)   (a) A parent or legal guardian involved in a case receiving IV-D services or the office, if there has been an assignment under Section 35A-3-108, may at any time request the office to review a child support order if there has been a substantial change in circumstances.     (b) For purposes of Subsection (1)(a), a substantial change in circumstances may include:   (i) material changes in custody;     (ii) material changes in the relative wealth or assets of the parties;     (iii) material changes of 30% or more in the income of a parent;     (iv) material changes in the ability of a parent to earn;     (v) material changes in the medical needs of the child; and     (vi) material changes in the legal responsibilities of either parent for the support of others.         (2) Upon receiving a request under Subsection (1), the office shall review the order, taking into account the best interests of the child involved, to determine whether the substantial change in circumstance has occurred, and if so, whether the change resulted in a difference of 15% or more between the amount of child support ordered and the amount that would be required under the child support guidelines. If there is such a difference and the difference is not of a temporary nature, the office shall:   (a) with respect to a support order issued or modified by the office, adjust the amount in accordance with the guidelines; or     (b) with respect to a support order issued or modified by a court, file a petition with the court to adjust the amount in accordance with the guidelines.       (3) The office may use automated methods to collect information for a review conducted under Subsection (2).     (4)   (a) A parent or legal guardian who requests a review under Subsection (1) shall provide notice of the request to the other parent within five days and in accordance with Section 62A-11-304.4.     (b) If the office initiates and conducts a review under Subsection (1), the office shall provide notice of the request to any parent or legal guardian within five days and in accordance with Section 62A-11-304.4.       (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian may file a response to a request for review with the office.    Enacted by Chapter 232, 1997 General Session
UT Code § 62A-11-320.7 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 320.7 - Three-year notice of opportunity to review.

62A-11-320.7. Three-year notice of opportunity to review.    (1) Once every three years, the office shall give notice to each parent or legal guardian involved in a case receiving IV-D services of the opportunity to request a review and, if appropriate, adjustment of a child support order under Sections 62A-11-320.5 and 62A-11-320.6.     (2)   (a) The notice required by Subsection (1) may be included in an issued or modified order of support.     (b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1), three years after the date of the order issued or modified under Subsection (2)(a).      Enacted by Chapter 232, 1997 General Session
UT Code § 62A-11-321 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 321 - Posting bond or security for payment of support debt -- Procedure.

62A-11-321. Posting bond or security for payment of support debt -- Procedure.    (1) The office shall, or an obligee may, petition the court for an order requiring an obligor to post a bond or provide other security for the payment of a support debt, if the office or an obligee determines that action is appropriate, and if the payments are more than 90 days delinquent. The office shall establish rules for determining when it shall seek an order for bond or other security.     (2) When the office or an obligee petitions the court under this section, it shall give written notice to the obligor, stating:   (a) the amount of support debt;     (b) that it has petitioned the court for an order requiring the obligor to post security; and     (c) that the obligor has the right to appear before the court and contest the office's or obligee's petition.       (3) After notice to the obligor and an opportunity for a hearing, the court shall order a bond posted or other security to be deposited upon the office's or obligee's showing of a support debt and of a reasonable basis for the security.    Enacted by Chapter 1, 1988 General Session
UT Code § 62A-11-326 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 326 - Medical and dental expenses of dependent children.

62A-11-326. Medical and dental expenses of dependent children.  In any action under this part, the office and the department in their orders shall:  (1) include a provision assigning responsibility for cash medical support;     (2) include a provision requiring the purchase and maintenance of appropriate medical, hospital, and dental care insurance for those children, if:   (a) insurance coverage is or becomes available at a reasonable cost; and     (b) the insurance coverage is accessible to the children; and       (3) include a designation of which health, dental or hospital insurance plan, is primary and which is secondary in accordance with the provisions of Section 30-3-5.4 which will take effect if at any time the dependent children are covered by both parents' health, hospital, or dental insurance plans.    Amended by Chapter 285, 2010 General Session
UT Code § 62A-11-326.1 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 326.1 - Enrollment of child in accident and health insurance plan -- Order -- Notice.

62A-11-326.1. Enrollment of child in accident and health insurance plan -- Order -- Notice.    (1) The office may issue a notice to existing and future employers or unions to enroll a dependent child in an accident and health insurance plan that is available through the dependent child's parent or legal guardian's employer or union, when the following conditions are satisfied:   (a) the parent or legal guardian is already required to obtain insurance coverage for the child by a prior court or administrative order; and     (b) the parent or legal guardian has failed to provide written proof to the office that:   (i) the child has been enrolled in an accident and health insurance plan in accordance with the court or administrative order; or     (ii) the coverage required by the order was not available at group rates through the employer or union 30 or more days prior to the date of the mailing of the notice to enroll.         (2) The office shall provide concurrent notice to the parent or legal guardian in accordance with Section 62A-11-304.4 of:   (a) the notice to enroll sent to the employer or union; and     (b) the opportunity to contest the enrollment due to a mistake of fact by filing a written request for an adjudicative proceeding with the office within 15 days of the notice being sent.       (3) A notice to enroll shall result in the enrollment of the child in the parent's accident and health insurance plan, unless the parent successfully contests the notice based on a mistake of fact.     (4) A notice to enroll issued under this section may be considered a "qualified medical support order" for the purposes of enrolling a dependent child in a group accident and health insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act of 1974.    Amended by Chapter 116, 2001 General Session
UT Code § 62A-11-326.2 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 326.2 - Compliance with order -- Enrollment of dependent child for insurance.

62A-11-326.2. Compliance with order -- Enrollment of dependent child for insurance.    (1) An employer or union shall comply with a notice to enroll issued by the office under Section 62A-11-326.1 by enrolling the dependent child that is the subject of the notice in the:   (a) accident and health insurance plan in which the parent or legal guardian is enrolled, if the plan satisfies the prior court or administrative order; or     (b) least expensive plan, assuming equivalent benefits, offered by the employer or union that complies with the prior court or administrative order which provides coverage that is reasonably accessible to the dependent child.       (2) The employer, union, or insurer may not refuse to enroll a dependent child pursuant to a notice to enroll because a parent or legal guardian has not signed an enrollment application.     (3) Upon enrollment of the dependent child, the employer shall deduct the appropriate premiums from the parent or legal guardian's wages and remit them directly to the insurer.     (4) The insurer shall provide proof of insurance to the office upon request.     (5) The signature of the custodial parent of the insured dependent is a valid authorization to the insurer for purposes of processing any insurance reimbursement claim.    Amended by Chapter 116, 2001 General Session
UT Code § 62A-11-326.3 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 326.3 - Determination of parental liability.

62A-11-326.3. Determination of parental liability.    (1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the office may determine by order the amount of a parent's liability for uninsured medical, hospital, and dental expenses of a dependent child, when the parent:   (a) is required by a prior court or administrative order to:   (i) share those expenses with the other parent of the dependent child; or     (ii) obtain medical, hospital, or dental care insurance but fails to do so; or       (b) receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.       (2) If the prior court or administrative order does not specify what proportions of the expenses are to be shared, the office may determine the amount of liability in accordance with established rules.     (3) This section applies to an order without regard to when it was issued.    Amended by Chapter 382, 2008 General Session
UT Code § 62A-11-327 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 327 - Reporting past-due support to consumer reporting agency.

62A-11-327. Reporting past-due support to consumer reporting agency.  The office shall periodically report the name of any obligor who is delinquent in the payment of support and the amount of overdue support owed by the obligor to consumer reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):  (1) only after the obligor has been afforded notice and a reasonable opportunity to contest the accuracy of the information; and     (2) only to an entity that has provided satisfactory evidence that it is a consumer reporting agency under 15 U.S.C. Sec. 1681a(f).    Repealed and Re-enacted by Chapter 232, 1997 General Session
UT Code § 62A-11-328 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 11 - Recovery Services|Part 3 - Child Support Services Act|Section 328 - Information received from State Tax Commission provided to other states' child support collection agencies.

 Effective 5/5/2021  62A-11-328. Information received from State Tax Commission provided to other states' child support collection agencies.  The office shall, upon request, provide to any other state's child support collection agency the information which it receives from the State Tax Commission under Subsection 59-1-403(4)(l), with regard to a support debt which that agency is involved in enforcing. Amended by Chapter 367, 2021 General Session