Family Law Modifications

70
7-1-1006
26B-9-101
26B-9-104
26B-9-108
26B-9-112
26B-9-113
26B-9-114
26B-9-210
26B-9-212
26B-9-213
26B-9-502
63I-2-226
78A-2-501
81-7-101
81-7-102
7-1-1006
26B-9-101
26B-9-104
26B-9-108
26B-9-112
26B-9-113
26B-9-114
26B-9-210
26B-9-212
26B-9-213
26B-9-502
63I-2-226
78A-2-501
81-7-101
81-7-102
0
Family Law Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses family law issues related to spousal support, child support, custody, and
parent-time.
Highlighted Provisions:
This bill:
defines terms;
modifies the duties of the Office of Recovery Services with regard to spousal support;
requires the director of the Office of Recovery Services to hold certain meetings for
obligees and obligors and places a sunset date on the requirement;
creates a reporting requirement for the director of the Office of Recovery Services and
places a sunset date on the reporting requirement;
addresses the collection of spousal support by the Office of Recovery Services after a
child support obligation ends;
allows a certain amount of money from a monthly child support payment to pass through
to a family who is receiving public assistance on and after July 1, 2028;
addresses the suspension of a driver license by the Office of Recovery Services, including
the suspension of an individual's driver license when the individual is in arrears of at
least $35,000;
modifies the information provided by the Online Court Assistance Program;
provides that a delinquent payment for child support accrues interest on and after July 1,
2027; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
7-1-1006
, as last amended by Laws of Utah 2023, Chapter 327
26B-9-101
, as last amended by Laws of Utah 2025, Chapter 426
26B-9-104
, as last amended by Laws of Utah 2025, Chapter 426
26B-9-108
, as last amended by Laws of Utah 2025, Chapter 426
26B-9-112
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-113
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-210
, as last amended by Laws of Utah 2024, Chapter 366
26B-9-212
, as last amended by Laws of Utah 2024, Chapter 366
26B-9-213
, as last amended by Laws of Utah 2025, Chapter 426
26B-9-502
, as renumbered and amended by Laws of Utah 2023, Chapter 305
63I-2-226
, as last amended by Laws of Utah 2025, Chapters 277, 414
78A-2-501
, as last amended by Laws of Utah 2019, Chapter 246
81-7-101
, as enacted by Laws of Utah 2024, Chapter 366
81-7-102
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
26B-9-114
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
7-1-1006
is amended to read:
7-1-1006
. Inapplicable to certain official investigations.
(1)
Sections
7-1-1002
and
7-1-1003
do not apply if an examination of a record is a part of
an official investigation by:
(a)
local police;
(b)
a sheriff;
(c)
a peace officer;
(d)
a city attorney;
(e)
a county attorney;
(f)
a district attorney;
(g)
the attorney general;
(h)
the Department of Public Safety;
(i)
the Office of Recovery Services of the Department of Health and Human Services;
(j)
the Insurance Department;
(k)
the Department of Commerce;
(l)
the Benefit Payment Control Unit or the Payment Error Prevention Unit of the
Department of Workforce Services;
(m)
the state auditor;
(n)
the State Tax Commission; or
(o)
the Department of Health and Human Services or its designee, when undertaking an
official investigation to determine whether an individual qualifies for certain
assistance programs as provided in Section
26B-3-106
.
(2)
Except for the Office of Recovery Services, if a governmental entity listed in Subsection
(1)
seeks a record, the entity shall obtain the record as follows:
(a)
if the record is a nonprotected record, by request in writing that:
(i)
certifies that an official investigation is being conducted; and
(ii)
is signed by a representative of the governmental entity that is conducting the
official investigation; or
(b)
if the record is a protected record, by obtaining:
(i)
a subpoena authorized by statute;
(ii)
other legal process:
(A)
ordered by a court of competent jurisdiction; and
(B)
served upon the financial institution; or
(iii)
written permission from all account holders of the account referenced in the
record to be examined.
(3)
If the Office of Recovery Services seeks a record, the Office of Recovery Services shall
obtain the record pursuant to:
(a)
Subsection
26B-9-104(1)(g)
26B-9-104(1)(h)
;
(b)
Section
26B-9-205
;
(c)
Section
26B-9-208
; or
(d)
Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
(4)
A financial institution may not give notice to an account holder or person named or
referenced within the record disclosed pursuant to Subsection
(2)(a)
.
(5)
In accordance with Section
7-1-1004
, the governmental entity conducting the official
investigation that obtains a record from a financial institution under this section shall
reimburse the financial institution for costs reasonably and directly incurred by the
financial institution.
Section 2. Section
26B-9-101
is amended to read:
26B-9-101
. Definitions.
As used in this part:
(1)
"Account" means a demand deposit account, checking or negotiable withdrawal order
account, savings account, time deposit account, or money-market mutual fund account.
(2)
"Alleged father" means the same as that term is defined in Section
81-5-102
.
(3)
"Assistance" means public assistance.
(4)
"Birth mother" means the same as that term is defined in Section
81-5-102
.
(5)
"Child" means the same as that term is defined in Section
81-6-101
.
(6)
(a)
"Child support" means a base child support award as defined in Section
81-6-101
,
or a financial award for uninsured monthly medical expenses, ordered by a tribunal
for the support of a child, including current periodic payments, all arrearages that
accrue under an order for current periodic payments, and sum certain judgments
awarded for arrearages, medical expenses, and child care costs.
(b)
"Child support" includes spousal support if:
(i)
the child resides with the spouse or former spouse receiving the spousal support;
and
(ii)
the spousal support is collected with child support for the child.
(b)
"Child support" includes obligations ordered by a tribunal for the support of a
spouse or former spouse with whom the child resides if the spousal support is
collected with the child support.
(7)
"Child support services" means services provided pursuant to Part D of Title IV of the
Social Security Act, 42 U.S.C. Sec. 651, et seq.
(8)
"Director" means the director of the Office of Recovery Services.
(9)
"Financial institution" means:
(a)
a depository institution as defined in Section
7-1-103
or the Federal Deposit
Insurance Act, 12 U.S.C. Sec. 1813(c);
(b)
an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
U.S.C. Sec. 1813(u);
(c)
any federal credit union or state credit union as defined in the Federal Credit Union
Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit
union as defined in 12 U.S.C. Sec. 1786(r);
(d)
a broker-dealer as defined in Section
61-1-13
; or
(e)
any benefit association, insurance company, safe deposit company, money-market
mutual fund, or similar entity authorized to do business in the state.
(10)
"Financial record" means the same as that term is defined in the Right to Financial
Privacy Act of 1978, 12 U.S.C. Sec. 3401.
(11)
(a)
"Income" means earnings, compensation, or other payment due to an individual,
regardless of source, whether denominated as wages, salary, commission, bonus, pay,
or contract payment, or denominated as advances on future wages, salary,
commission, bonus, pay, allowances, contract payment, or otherwise, including
severance pay, sick pay, and incentive pay.
(b)
"Income" includes:
(i)
all gain derived from capital assets, labor, or both, including profit gained through
sale or conversion of capital assets;
(ii)
interest and dividends;
(iii)
periodic payments made under pension or retirement programs or insurance
policies of any type;
(iv)
unemployment compensation benefits;
(v)
workers' compensation benefits; and
(vi)
disability benefits.
(12)
"IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.
(13)
"IV-D child support services" means child support services.
(14)
"New hire registry" means the centralized new hire registry created in Section
35A-7-103
.
(15)
"Obligee" means an individual, this state, another state, or other comparable
jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support
,
spousal support,
or public assistance.
(16)
"Obligor" means a person, firm, corporation, or the estate of a decedent owing money
to this state, to an individual, to another state, or other comparable jurisdiction in whose
behalf this state is acting.
(17)
"Office" means the Office of Recovery Services.
(18)
"Parentage" means the same as that term is defined in Section
81-5-102
.
(19)
"Public assistance" means:
(a)
services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
(b)
medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
(c)
foster care maintenance payments under Part E of Title IV of the Social Security Act,
42 U.S.C. Sec. 670, et seq.;
(d)
SNAP benefits as defined in Section
35A-1-102
; or
(e)
any other public funds expended for the benefit of a person in need of financial,
medical, food, housing, or related assistance.
(20)
"Spousal support" means any obligation ordered by a tribunal for the support of a
spouse or former spouse.
(21)
"Spousal support only case" means a case for which the office is collecting spousal
support for an obligee after the collection of child support has ended for that obligee as
described in Section
26B-9-114
.
(22)
"Support order" means a child support order.
(20)
(23)
"State case registry" means the central, automated record system maintained by
the office and the central, automated district court record system maintained by the
Administrative Office of the Courts, that contains records which use standardized data
elements, such as names, Social Security numbers and other uniform identification
numbers, dates of birth, and case identification numbers, with respect to:
(a)
each case in which services are being provided by the office under the state IV-D
child support services plan; and
(b)
each support order established or modified in the state on or after October 1, 1998.
Section 3. Section
26B-9-104
is amended to read:
26B-9-104
. Duties of the Office of Recovery Services.
(1)
The office
has the following duties
shall
:
(a)
except as provided in Subsection
(2)
,
to
provide child support services if:
(i)
the office has received an application for child support services;
(ii)
the state has provided public assistance; or
(iii)
a child lives out of the home in the protective custody, temporary custody, or
custody or care of the state;
(b)
for the purpose of collecting child support,
to
carry out the obligations of the
department contained in:
(i)
this chapter;
(ii)
Title 81, Chapter 5, Uniform Parentage Act;
(iii)
Title 81, Chapter 6, Child Support;
(iv)
Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support; and
(v)
Title 81, Chapter 8, Uniform Interstate Family Support Act;
(c)
collect a spousal support only case as described in Section
26B-9-114
;
(c)
(d)
to
collect money due the department which could act to offset expenditures by
the state;
(d)
(e)
to
cooperate with the federal government in programs designed to recover
health and social service funds;
(e)
(f)
to
collect civil or criminal assessments, fines, fees, amounts awarded as
restitution, and reimbursable expenses owed to the state or any of
its
the state's

political subdivisions, if the office has contracted to provide collection services;
(f)
(g)
to
implement income withholding for collection of child support in accordance
with Part 3, Income Withholding in IV-D Cases;
(g)
(h)
to
enter into agreements with financial institutions doing business in the state
to develop and operate, in coordination with such financial institutions, a data match
system in the manner provided for in Section
26B-9-208
;
(h)
(i)
to
establish and maintain the state case registry in the manner required by the
Social Security Act, 42 U.S.C. Sec. 654a,
which shall include
that includes
a record
in each case of:
(i)
the amount of monthly or other periodic support owed under the order, and other
amounts, including arrearages, interest, late payment penalties, or fees, due or
overdue under the order;
(ii)
any amount described in Subsection
(1)(h)(i)

(1)(i)(i)
that has been collected;
(iii)
the distribution of collected amounts;
(iv)
the birth date of any child for whom the order requires the provision of support;
and
(v)
the amount of any lien imposed with respect to the order pursuant to this part;
(i)
(j)
to
contract with the Department of Workforce Services to establish and
maintain the new hire registry created under Section
35A-7-103
;
(j)
(k)
to
determine whether an individual who has applied for or is receiving cash
assistance or Medicaid is cooperating in good faith with the office as required by
Section
26B-9-213
;
(k)
(l)
to
finance any costs incurred from collections, fees, General Fund
appropriation, contracts, and federal financial participation;
(l)
(m)
to
provide notice to a noncustodial parent in accordance with Section
26B-9-207
of the opportunity to contest the accuracy of allegations by a custodial
parent of nonpayment of past-due child support, prior to taking action against a
noncustodial parent to collect the alleged past-due support;
(m)
(n)
to
review the child support guidelines, as that term is defined in Section
81-6-101
, to ensure the application of the guidelines results in the determination of
appropriate child support award amounts; and
(n)
(o)
to
submit to the Judiciary Interim Committee, in accordance with Section
68-3-14
, a summary of the review described in Subsection
(1)(m)
(1)(n)
on or before
October 1, 2025, and every four years thereafter on or before October 1.
(2)
(a)
The office may not provide child support services to the Division of Child and
Family Services for a calendar month when the child to whom the child support
services relate is:
(a)
(i)
in the custody of the Division of Child and Family Services; and
(b)
(ii)
lives in the home of a custodial parent of the child for more than seven
consecutive days, regardless of whether:
(i)
(A)
the greater than seven consecutive day period starts during one month and
ends in the next month; and
(ii)
(B)
the child is living in the home on a trial basis.
(3)
(b)
The Division of Child and Family Services is not entitled to child support, for a
child to whom the child support relates, for a calendar month when child support
services may not be provided under Subsection
(2)
(2)(a)
.
(4)
(3)
To conduct the review described in Subsection
(1)(m)
(1)(n)
, the office may
consider input from the Judicial Council, members of the Utah State Bar Association
representing attorneys who practice family law, individuals with economic expertise,
and other interested parties.
Section 4. Section
26B-9-108
is amended to read:
26B-9-108
. Director -- Powers of office -- Representation by county attorney or
attorney general -- Receipt of grants -- Rulemaking and enforcement -- Meetings.
(1)
The director of the office shall be appointed by the executive director.
(2)
The office has power to administer oaths, certify to official acts, issue subpoenas, and to
compel witnesses and the production of books, accounts, documents, and evidence.
(3)
The office has the power to seek administrative and judicial orders to require an obligor
who owes past-due support and is obligated to support a child receiving public
assistance to participate in appropriate work activities if the obligor is unemployed and
is not otherwise incapacitated.
(4)
The office has the power to enter into reciprocal child support enforcement agreements
with foreign countries consistent with federal law and cooperative enforcement
agreements with Indian Tribes.
(5)
The office has the power to pursue through court action the withholding, suspension,
and revocation of driver's licenses, professional and occupational licenses, and
recreational licenses of individuals owing overdue support or failing, after receiving
appropriate notice, to comply with subpoenas or orders relating to parentage or child
support proceedings pursuant to Section
78B-6-315
.
(6)
(a)
It is the duty of the attorney general or the county attorney of any county in which
a cause of action can be filed, to represent the office.
(b)
Neither the attorney general nor the county attorney represents or has an
attorney-client relationship with the obligee or the obligor in carrying out the duties
arising under this chapter.
(7)
The office, with department approval, is authorized to receive any grants or stipends
from the federal government or other public or private source designed to aid the
efficient and effective operation of the recovery program.
(8)
The office may adopt, amend, and enforce rules as may be necessary to carry out the
provisions of this chapter.
(9)
(a)
The director, or the director's designee, shall hold a meeting:
(i)
at least twice per calendar year for obligors to provide feedback to the office on
the office's procedures and processes that impact obligors; and
(ii)
at least twice per calendar year for obligees to provide feedback to the office on
the office's procedures and processes that impact obligees.
(b)
The director shall provide a written report to the Health and Human Services Interim
Committee on or before August 30 of each year on:
(i)
the feedback that the director has received under Subsection
(9)(a)
from obligors
and obligees; and
(ii)
the steps that the office has taken to address the feedback from obligors and
obligees.
Section 5. Section
26B-9-112
is amended to read:
26B-9-112
. Alternative payment by obligor through electronic funds transfer.
(1)
(a)
The office may enter into a written alternative payment agreement with an obligor
which
that
provides for electronic payment of
:
(i)

child support under
Part 3, Income Withholding in IV-D Cases
, or
Part 4,
Income Withholding in Non IV-D Cases
.
; or
(ii)
spousal support for a spousal support only case under Section
26B-9-114
.

(b)
Electronic payment shall be accomplished through an automatic withdrawal from the
obligor's account at a financial institution.
(2)
The alternative payment agreement shall:
(a)
provide for electronic payment of child support
or spousal support
in lieu of income
withholding;
(b)
specify the date on which electronic payments will be withdrawn from an obligor's
account; and
(c)
specify the amount which will be withdrawn.
(3)
The office may terminate the agreement and initiate immediate income withholding, as
defined in Section
26B-9-301
, if:
(a)
required to meet federal or state requirements or guidelines;
(b)
funds available in the account at the scheduled time of withdrawal are insufficient to
satisfy the agreement; or
(c)
requested by the obligor.
(4)
(a)
If the payment amount requires adjusting, the office may initiate a new written
agreement with the obligor.
(b)
If, for any reason, the office and obligor fail to agree on the terms, the office may
terminate the agreement and initiate income withholding.
(5)
If an agreement is terminated for insufficient funds, a new agreement may not be
entered into between the office and obligor for a period of at least 12 months.
(6)
The office shall make rules specifying eligibility requirements for obligors to enter into
alternative payment agreements.
Section 6. Section
26B-9-113
is amended to read:
26B-9-113
. Mandatory distribution to obligee through electronic funds transfer.
(1)
Notwithstanding any provision of this chapter to the contrary, the office shall, except as
provided in Subsection
(3)
, distribute child support payments, under Subsection
26B-9-312(2) or Section 26B-9-406, by electronic funds transfer.
(1)
Notwithstanding any provision of this chapter to the contrary, and except as provided in
Subsection
(3)
, the office shall distribute:
(a)
a child support payment under Subsection
26B-9-312(2)
or Section
26B-9-406
by
electronic funds transfer; and
(b)
a spousal support payment for a spousal support only case under Section
26B-9-114

by electronic funds transfer.
(2)
Distribution of
child support payments
a child support payment or spousal support
payment
by electronic payment under this section shall be made to:
(a)
an account of the obligee; or
(b)
an account that may be accessed by the obligee through the use of an electronic
access card.
(3)
(a)
Subject to Subsection
(3)(b)
, the office may make rules, pursuant to
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, to allow exceptions to the
requirement to make distributions by electronic funds transfer under Subsection
(1)
.
(b)
The rules described in Subsection
(3)(a)
may only allow exceptions under
circumstances where:
(i)
requiring distribution by electronic funds transfer would result in an undue
hardship to the office or a person; or
(ii)
it is not likely that distribution will be made to the obligee on a recurring basis.
Section 7. Section
26B-9-114
is enacted to read:
26B-9-114
. Collection of spousal support after child support ends.
(1)
An obligee may request that the office continue to collect spousal support on behalf of
the obligee if:
(a)
the office has been collecting spousal support for the obligee as a part of child
support; and
(b)
the office is no longer collecting child support for the obligee and has closed the case
related to the child support.
(2)
Upon a request described in Subsection
(1)
, the office shall collect spousal support until:
(a)
the spousal support is no longer enforceable; or
(b)
the obligee requests that the office no longer collect the spousal support on the
obligee's behalf.
(3)
For a spousal support only case, the office shall collect and enforce spousal support for
the obligee in the same manner and to the same extent as child support, including:
(a)
initiating and ordering income withholding in accordance with Part 3, Income
Withholding in IV-D Cases;
(b)
subpoenaing financial or other information needed to enforce the spousal support
including:
(i)
the name, address, and employer of an obligor that appears on the customer
records of public utilities and cable television companies; and
(ii)
information held by financial institutions on such things as the assets and
liabilities of the obligor;
(c)
requiring a public or private employer to promptly disclose information to the office
on the name, address, date of birth, social security number, employment status,
compensation, and benefits, including health insurance, of any person employed as
an employee or contractor by the employer;
(d)
obtaining access to information in the records and automated databases of other state
and local government agencies;
(e)
securing assets to satisfy spousal support that is past due by:
(i)
intercepting or seizing periodic or lump-sum payments from:
(A)
a state or local government agency, including unemployment compensation,
workers' compensation, and other benefits; and
(B)
judgments, settlements, and lotteries; and
(ii)
attaching and seizing assets of an obligor held in financial institutions;
(f)
attaching public and private retirement funds if the obligor is:
(i)
receiving periodic payments; or
(ii)
has the authority to withdraw some or all of the funds; and
(g)
imposing liens against real and personal property.
(4)
Any action taken under Subsection
(3)
shall comply with the requirements described in
this chapter for taking that same action with regard to child support.
Section 8. Section
26B-9-210
is amended to read:
26B-9-210
. Issuance or modification of an order to collect support for persons
not receiving public assistance.
The office may proceed to issue or modify an order under Section
26B-9-206
and collect
under this part even though public assistance is not being provided on behalf of a child if the
office provides support collection services in accordance with:
(1)
an application for services provided under Title IV-D of the federal Social Security Act;
(2)
the continued service provisions of Subsection
26B-9-213(5)
26B-9-213(6)
; or
(3)
the interstate provisions of Section
26B-9-209
.
Section 9. Section
26B-9-212
is amended to read:
26B-9-212
. Collection directly from responsible parent.
(1)
(a)
The office may issue or modify an order under Section
26B-9-206
and collect
under this part directly from a responsible parent if the procedural requirements of
applicable law have been met and if public assistance is provided on behalf of that
parent's child.
(b)
The direct right to issue an order under this Subsection
(1)
is independent of and in
addition to the right derived from that assigned under Section
35A-3-108
.
(2)
An order issuing or modifying a support obligation under Subsection
(1)
, issued while
public assistance was being provided for a child, remains in effect and may be enforced
by the office under Section
26B-9-210
after provision of public assistance ceases.
(3)
(a)
The office may issue or modify an administrative order, subject to the procedural
requirements of applicable law, that requires that obligee to pay to the office assigned
support that an obligee receives and retains in violation of Subsection
26B-9-213(4)
26B-9-213(5)
and may reduce to judgment any unpaid balance due.
(b)
The office may collect the judgment debt in the same manner as it collects any
judgment for past-due support owed by an obligor.
(4)
Notwithstanding any other provision of law, the Office of Recovery Services shall have
full standing and authority to establish and enforce child support obligations against an
alleged parent currently or formerly in a same-sex marriage on the same terms as the
Office of Recovery Services' authority against other mothers and fathers.
Section 10. Section
26B-9-213
is amended to read:
26B-9-213
. Duties of obligee after assignment of support rights.
(1)
An
This section applies to an
obligee whose rights to support have been assigned
under Section
35A-3-108
as a condition of eligibility for public assistance
has the
following duties:
.
(a)
(2)
(a)
Unless a good cause or other exception applies, the obligee shall, at the
request of the office:
(i)
cooperate in good faith with the office by providing the name and other
identifying information of the other parent of the obligee's child for the purpose of:
(A)
establishing parentage; or
(B)
establishing, modifying, or enforcing a child support order;
(ii)
supply additional necessary information and appear at interviews, hearings, and
legal proceedings; and
(iii)
submit the obligee's child and the obligee to judicially or administratively
ordered genetic testing.
(b)
The obligee may not commence an action against an obligor or file a pleading to
collect or modify support without the office's written consent.
(c)
The obligee may not do anything to prejudice the rights of the office to establish
parentage, enforce provisions requiring health insurance, or to establish and collect
support.
(d)
The obligee may not agree to allow the obligor to change the court or
administratively ordered manner or amount of payment of past, present, or future
support without the office's written consent.
(2)
(3)
(a)
The office shall determine and redetermine, when appropriate, whether an
obligee has cooperated with the office as required by Subsection
(1)(a)
(2)(a)
.
(b)
(4)
If the office determines that an obligee has not cooperated as required by
Subsection
(1)(a)
(2)(a)
, the office shall:
(i)
(a)
forward the determination and the basis for it to the Department of Workforce
Services, which shall inform the department of the determination, for a determination
of whether compliance by the obligee should be excused on the basis of good cause
or other exception; and
(ii)
(b)
send to the obligee:
(A)
(i)
a copy of the notice; and
(B)
(ii)
information that the obligee may, within 15 days of notice being sent:
(I)
(A)
contest the office's determination of noncooperation by filing a written
request for an adjudicative proceeding with the office; or
(II)
(B)
assert that compliance should be excused on the basis of good cause or
other exception by filing a written request for a good cause exception with the
Department of Workforce Services.
(3)
(5)
The office's right to recover is not reduced or terminated if an obligee agrees to
allow the obligor to change the court or administratively ordered manner or amount of
payment of support regardless of whether that agreement is entered into before or after
public assistance is furnished on behalf of a child.
(4)
(6)
(a)
If an obligee receives direct payment of assigned support from an obligor, the
obligee shall immediately deliver that payment to the office.
(b)
(i)
If an obligee agrees with an obligor to receive payment of support other than in
the court or administratively ordered manner and receives payment as agreed with
the obligor, the obligee shall immediately deliver the cash equivalent of the
payment to the office.
(ii)
If the amount delivered to the office by the obligee under Subsection
(4)(b)(i)
(6)(b)(i)
exceeds the amount of the court or administratively ordered support due,
the office shall return the excess to the obligee.
(7)
On and after July 1, 2028, the office shall distribute to an obligee, as allowed by the
pass through requirements described in 42 U.S.C. Sec. 657:
(a)
for a family with one child, $100 or the entire amount of the monthly child support
payment if the monthly child support payment is less than $100; and
(b)
for a family of two or more children, $200 or the entire amount of the monthly child
support payment if the monthly child support payment is less than $200.
(5)
(8)
(a)
If public assistance furnished on behalf of a child is terminated, the office
may continue to provide parentage establishment and support collection services.
(b)
Unless the obligee notifies the office to discontinue these services, the obligee is
considered to have accepted and is bound by the rights, duties, and liabilities of an
obligee who has applied for those services.
Section 11. Section
26B-9-502
is amended to read:
26B-9-502
. Suspension of driver license for child support delinquency --
Reinstatement.
(1)
Subject to the provisions of this section, the office may order the suspension of a
person's driver license if the person is delinquent on a child support obligation.
(2)
Before ordering a suspension of a person's driver license, the office shall serve the
person with a "notice of intent to suspend driver license."
(1)
An individual who is delinquent on a child support obligation is subject to the
suspension of the individual's driver license as described in this section.
(2)
Before the office orders a suspension of an individual's driver license under this section,
the office shall serve an individual with a notice that the office intends to suspend the
individual's driver license.
(3)
The notice described in Subsection
(2)
shall:
(a)
be
personally served or
served by certified mail
or personally served if the
individual is unable to be served by certified mail
;
(b)
except as otherwise provided in this section, comply with
Title 63G, Chapter 4,
Administrative Procedures Act
;
(c)
state the amount that the
person
individual
is in arrears on the
person's
individual's

child support obligation; and
(d)
state that, if the
person
individual
desires to contest the suspension of the
person's
individual's
driver license, the
person
individual
must request an informal
adjudicative proceeding with the office within 30 days after the day on which the
notice is mailed or personally served
on the individual
.
(4)
(a)
The office shall hold an informal adjudicative proceeding to determine whether
a
person's
an individual's
driver license should be suspended if the
person
individual

requests a hearing within 30 days after the day on which the notice described in
Subsection
(2)
is mailed or personally served on the
person
individual
.
(b)
The informal adjudicative proceeding described in Subsection
(4)(a)
, and any appeal
of the decision rendered in that proceeding, shall comply with
Title 63G, Chapter 4,
Administrative Procedures Act
.
(5)
Except as provided in
Subsection (6)
Subsections
(6)
and
(7)
, the office may order that
a person's
an individual's
driver license be suspended
if
:
(a)
if, after the notice described in Subsection
(2)
is mailed or personally served, the
person

(i)
the individual is in arrears on the individual's child support obligation; and
(ii)
the individual
fails to request an informal adjudicative proceeding within the time
period described in Subsection
(4)(a)
after the notice described in Subsection
(2)

is mailed or personally served on the individual
; or
(b)
following the informal adjudicative proceeding described in Subsection
(4)(a)
, if
:
(i)
the presiding officer finds that the
person
individual
is delinquent on a child
support obligation; and
(ii)
the finding described in Subsection
(5)(b)(i)
:
(A)
is not timely appealed; or
(B)
is upheld after a timely appeal becomes final.
(6)
Except as provided in Subsection
(7)
, the office shall order that an individual's driver
license be suspended if:
(a)
(i)
the individual becomes delinquent at least $35,000 on or after May 6, 2026, on
the individual's child support obligation;
(ii)
the individual has not made a full monthly payment toward the individual's child
support obligation for 60 days; and
(iii)
the individual fails to request an informal adjudicative proceeding within the
time period described in Subsection
(4)(a)
after the notice described in Subsection
(2)
is mailed or personally served on the individual; or
(b)
following the informal adjudicative proceeding described in Subsection
(4)(a)
:
(i)
the presiding officer finds that the individual became delinquent at least $35,000
on or after May 6, 2026, on the individual's child support obligation; and
(ii)
the individual has not made a full monthly payment towards the individual's child
support obligation within 60 days before the day on which the notice described in
Subsection
(2)
was mailed or personally served on the individual; and
(iii)
the finding described in Subsection
(6)(b)(i)
or
(ii)
:
(A)
is not timely appealed; or
(B)
is upheld after a timely appeal becomes final.
(6)
(7)
The office may not order the suspension of
a person's
an individual's
driver license

under Subsection
(5)
or
(6)
if the
person
individual
:
(a)
pays the full amount that the
person
individual
is in arrears on the
person's
individual's
child support obligation;
(b)
subject to Subsection
(8)
(9)
:
(i)
enters into a payment agreement with the office for the payment of the
person's
individual's
current child support obligation and all arrears; and
(ii)
complies with the agreement described in Subsection
(6)(b)(i)
(7)(b)(i)
for any
initial compliance period required by the agreement;
(c)
obtains a judicial order staying enforcement of the
person's
individual's
child
support obligation or the amount in arrears; or
(d)
is not currently delinquent on a child support obligation.
(7)
(8)
The office shall rescind an order made by the office to suspend
a
an individual's

driver license if the
person
individual
:
(a)
pays the full amount that the
person
individual
is in arrears on the
person's
individual's
child support obligation;
(b)
subject to Subsection
(8)
(9)
:
(i)
enters into a payment agreement with the office for the payment of the
person's
individual's
current child support obligation and all arrears; and
(ii)
complies with the agreement described in Subsection
(7)(b)(i)
(8)(b)(i)
for any
initial compliance period required by the agreement;
(c)
obtains a judicial order staying enforcement of the
person's
individual's
child
support obligation or the amount in arrears; or
(d)
is not currently delinquent on a child support obligation.
(8)
(9)
For purposes of Subsections
(6)(b)
and
(7)(b)
, the
For an agreement described in
Subsection
(7)(b)
or
(8)(b)
, the
office shall diligently strive to enter into a fair and
reasonable payment agreement that takes into account the
person's
individual's

employment and financial ability to make payments
, provided that
if
there is a
reasonable basis to believe that the
person
individual
will comply with the agreement.
(9)
(10)
(a)
If, after the office seeks to suspend a person's driver license under this
section, it is determined that the person is not delinquent
If it is determined that an
individual is not delinquent on a child support obligation after the office seeks to
suspend the individual's driver license under this section
, the office shall refund to the
person
individual
any noncustodial parent income withholding fee that was collected
from the
person
individual
during the erroneously alleged delinquency.
(b)
Subsection
(9)(a)
(10)(a)
does not apply if the
person
individual
described in
Subsection
(9)(a)
(10)(a)
is otherwise in arrears on a child support obligation.
(10)
(11)
(a)
A person whose driver license is ordered suspended pursuant to this
section
If the office suspends an individual's driver license under this section, the
individual
may file a request with the office, on a form provided by the office, to
have the office rescind the order of suspension if:
(i)
the
person
individual
claims that, since the time of the suspension, circumstances
have changed such that the
person
individual
is entitled to have the order of
suspension rescinded under Subsection
(7)
(8)
; and
(ii)
the office has not rescinded the order of suspension.
(b)
The office shall respond, in writing, to a person described in Subsection
(10)
,
The
office shall:
(i)
respond, in writing, to a request described in Subsection
(11)(a)
within 10 days
after the day on which the request is filed with the office
, stating
; and
(ii)
state in the response
whether the
person
individual
is entitled to have the order
of suspension rescinded.
(c)
If
an individual submits a request described in Subsection
(11)(a)
and
the office
determines
, under Subsection
(10)(b)
,
that an order to suspend
a person's
the
individual's

driver
license should be rescinded, the office shall immediately rescind
the order.
(d)
If
an individual submits a request described in Subsection
(11)(a)
and
the office
determines
, under Subsection
(10)(b)
,
that an order to suspend
a person's
the
individual's driver
license should not be rescinded:
(i)
the office shall
, as part of the response described in Subsection
(10)(b)
, notify the
person, in writing, of the reasons for that determination
include the reasons for
that determination in the response described in Subsection
(11)(b)
; and
(ii)
the
person described in this Subsection
(10)(d)
individual
may, within 15 days
after the day on which the office sends the response described in Subsection
(10)(b)
(11)(b)
, appeal the determination of the office to
district court
a court
with jurisdiction
.
(e)
The office may not require that
a person
an individual
file the request described in
Subsection
(10)(a)
this Subsection
(11)
before the office orders that an order of
suspension is rescinded, if the office has already determined that the order of
suspension should be rescinded under Subsection
(7)
(8)
.
(11)
(12)
The office may make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
implement the provisions of this part; and
(b)
determine when the arrears described in Subsections
(6) and (7)
(7)
and
(8)
are
considered paid.
Section 12. Section
63I-2-226
is amended to read:
63I-2-226
. Repeal dates: Titles 26 through 26B.
(1)
Section
26B-1-420
, Cannabis Research Review Board, is repealed July 1, 2025.
(2)
Subsection
26B-1-421(9)(a)
, regarding a report to the Cannabis Research Review
Board, is repealed July 1, 2025.
(3)
Section
26B-1-423
, Rural Physician Loan Repayment Program Advisory Committee --
Membership -- Compensation -- Duties, is repealed July 1, 2026.
(4)
Section
26B-2-243
, Data collection and reporting requirements concerning incidents of
abuse, neglect, or exploitation, is repealed July 1, 2027.
(5)
Subsection
26B-3-215(5)
, regarding reporting on coverage for in vitro fertilization and
genetic testing, is repealed July 1, 2030.
(6)
Subsection
26B-4-201(5)
, regarding the Cannabis Research Review Board, is repealed
July 1, 2025.
(7)
Subsection
26B-4-212(1)(b)
, regarding the Cannabis Research Review Board, is
repealed July 1, 2025.
(8)
Section
26B-4-702
, Creation of Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
(9)
Subsection
26B-4-703(3)(b)
, regarding per diem and expenses for the Rural Physician
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
(10)
Subsection
26B-4-703(3)(c)
, regarding expenses for the Rural Physician Loan
Repayment Program, is repealed July 1, 2026.
(11)
Subsection
26B-4-703(6)(b)
, regarding recommendations from the Rural Physician
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
(12)
Section
26B-5-117
, Early childhood mental health support grant program, is repealed
January 2, 2025.
(13)
Section
26B-5-302.5
, Study concerning civil commitment and the Utah State Hospital,
is repealed July 1, 2025.
(14)
Section
26B-6-414
, Respite care services, is repealed July 1, 2025.
(15)
Section
26B-7-120
, Invisible condition alert program education and outreach, is
repealed July 1, 2025.
(16)
Subsection
26B-9-108(9)
, regarding public meetings on office procedures and
processes, is repealed on July 1, 2029.
Section 13. Section
78A-2-501
is amended to read:
78A-2-501
. Definitions -- Online Court Assistance Program -- Purpose of
program -- Online Court Assistance Account -- User's fee.
(1)
As used in this part:
(a)
"Account" means the Online Court Assistance Account created in this section.
(b)
"Program" means the Online Court Assistance Program created in this section.
(2)
There is created the
"
Online Court Assistance Program
"
,
administered by the
Administrative Office of the Courts
,
to provide the public with information about civil
procedures and to assist the public in preparing and filing civil pleadings and other
papers in:
(a)
uncontested divorces;
(b)
enforcement of orders in the divorce decree;
(c)
landlord and tenant actions;
(d)
guardianship actions; and
(e)
other types of proceedings approved by the board.
(3)
The purpose of the program shall be to:
(a)
minimize the costs of civil litigation;
(b)
improve access to the courts; and
(c)
provide for informed use of the courts and the law by pro se litigants.
(4)
The program shall include information on how a pro se litigant can access court
records
from other cases that may be relevant to the pro se litigant's case, including information
on how to access court records through the Xchange database.
(4)
(5)
(a)
(i)
An additional $20 shall be added to the filing fee established by
Sections
78A-2-301
and
78A-2-301.5
if a person files a complaint, petition,
answer, or response prepared through the program.
(ii)
There shall be no fee for using the program or for papers filed subsequent to the
initial pleading.
(b)
There is created within the General Fund a restricted account known as the Online
Court Assistance Account.
(c)
The fees collected under this Subsection
(4)
(5)
shall be deposited
in
into
the
restricted account and appropriated by the Legislature to the Administrative Office of
the Courts to develop, operate, and maintain the program and to support the use of
the program through education of the public.
(5)
(6)
The Administrative Office of the Courts shall provide on the front page of the
program website a listing of all forms and proceedings available to all pro se litigants
within the program.
Section 14. Section
81-7-101
is amended to read:
81-7-101
. Definitions for chapter.
As used in this chapter:
(1)
"Alimony" means the same as that term is defined in Section
81-4-101
.
(2)
"Child support" means the same as that term is defined in Section
81-6-101
.
(3)
"Child support services" means the same as that term is defined in Section
26B-9-101
.
(4)
"Delinquent" means a payment for child support that is overdue.
(4)
(5)
"Obligee" means the same as that term is defined in Section
81-6-101
.
(5)
(6)
"Obligor" means the same as that term is defined in Section
81-6-101
.
(6)
(7)
"Support order" means the same as that term is defined in Section
81-6-101
.
(7)
(8)
"Tribunal" means the same as that term is defined in Section
81-6-101
.
Section 15. Section
81-7-102
is amended to read:
81-7-102
. Payment under child support or alimony order -- Judgment.
(1)
All monthly payments of child support and alimony are due on the 1st day of each
month in accordance with Title 26B, Chapter 9, Recovery Services and Administration
of Child Support.
(2)
For purposes of child support services and income withholding described in Title 26B,
Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income
Withholding in IV-D Cases, child support is not considered past due until the 1st day of
the following month.
(3)
For purposes other than those specified in Subsection
(1)
, child support is payable 1/2
by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or
decree provides for a different time for payment.
(4)
Each payment or installment of child support or alimony under any support order is, on
and after the date the payment or installment is due:
(a)
a judgment with the same attributes and effect of any judgment of a district court,
except as provided in Subsection
(5)
;
(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 as
provided in Subsection
(5)
.
(5)
(a)
A child support or alimony payment under a support order may be modified with
respect to any period during which a modification is pending, but only from the date
of service of the pleading on:
(i)
the obligee if the obligor is the petitioner; or
(ii)
the obligor if the obligee is the petitioner.
(b)
If the tribunal orders that the support order should be modified, the effective date of
the modification shall be the month following service on the party whose support is
affected.
(c)
Once the tribunal determines that a modification is appropriate, the tribunal shall
order a judgment to be entered for any difference in the original order and the
modified amount for the period from the service of the pleading until the final order
of modification is entered.
(6)
The judgment provided for in Subsection
(4)(a)
, to be effective and enforceable as a lien
against the real property interest of any third party relying on the public record, shall be
docketed in the district court in accordance with Sections
78B-5-202
and
26B-9-214
.
(7)
(a)
On and after July 1, 2027, interest shall accrue on a child support payment that is
delinquent:
(i)
at a rate of 6%; and
(ii)
from the date on which the child support payment becomes delinquent until the
date on which the child support payment is paid.
(b)
Interest only accrues under Subsection
(7)(a)
on the principal amount owed for child
support.
Section 16.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 11:06 AM