UIFSA

CS 153P Order and Paternity Establishment

10/96 Revised 01/17/18 Training Completed 01/31/18

45 CFR 303.7(d)(7); U.C.A. 62A-11-305(1), 78B-14-207, 78B-14-301, 78B-14-302, 78B-14-315, 78B-14-401, 78B-14-402, 78B-14-705

 

 

Statutory Authority

 

The Office of Recovery Services/Child Support Services (ORS/CSS) is authorized to establish paternity and child support orders in accordance with the following state laws:

 

1.                   Pursuant to Utah Code Annotated (U.C.A.) 62A-11-305(1) Support collection services requested by agency of another state:

 “In accordance with Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, the office may proceed to issue or modify an order under Section 62A-11-304.2 to collect under this part from an obligor who is located in or is a resident of this state regardless of the presence or residence of the obligee if: (a) support collection services are requested by an agency of another state that is operating under Part IV-D of the Social Security Act; or

(b) an individual applies for services.”

    

Pursuant to u.c.a. 78B-14-301 Proceedings under chapter a petitioner (individual applying for services) is defined as:

“(1) Except as otherwise provided in this chapter, this part applies to all proceedings under this chapter.

(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.”

 

U.C.A. 78B-14-302 Action by minor parent provides further information and states:

“A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child

 

2.                   U.C.A. 78B-14-401 Petition to establish support order states:

“(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(a) the individual seeking the order resides outside this state; or

(b) the support enforcement agency seeking the order is located outside this state.

(2) The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is:

(a) a presumed father of the child;

(b) petitioning to have his paternity adjudicated;

(c) identified as the father of the child through genetic testing;

(d) an alleged father who has declined to submit to genetic testing;

(e) shown by clear and convincing evidence to be the father of the child;

(f) an acknowledged father determined in accordance with Title 78B, Chapter 15, Part 3, Voluntary Declaration of Paternity Act;

(g) the mother of the child; or

(h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 78B-14-305.”

 

You may issue a final or a temporary child support order in cases in which there is a duty of support on the non-custodial parent (NCP), and notice and the opportunity to be heard has been given to the parties.  You may also issue a temporary support order if paternity has been determined, acknowledged, or clear and convincing evidence of paternity.  For example, the NCP names the child as dependent on an insurance policy, or genetic test results are 99% or higher.

 

3.                   U.C.A. 78B-14-402 Proceeding to determine parentage states:

“A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage brought under this chapter or a law or procedure substantially similar to this chapter.”

 

 

Order Establishment

 

Issue a child support order when:

 

1.                   CSS has both personal and subject matter jurisdiction over the parties and there is not a current child support order; or,

 

2.                   When there are multiple non-controlling orders in accordance with U.C.A. 78B-14-207(2)(c), which states:

“If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.”

 

                                                              

Paternity Establishment

 

U.C.A. 78B-14-705 authorizes a determination of parentage without an accompanying request for establishment of support.  However, this type of request must be filed with the appropriate district court, rather than with CSS.  If CSS receives an application or petition/referral for paternity establishment only, the Intake team or Central Registry Unit (CRU) will ask the petitioner if s/he wants full child support services as well as paternity establishment.  If the petitioner declines full support services, the Intake team or CRU will return the original application or petition/referral and its accompanying documents to the individual. 

NOTE:  If you require the assistance of another state to establish paternity, send a UIFSA referral packet to that state to request establishment parentage and a child support order. 

 

U.C.A. 78B-14-315 Nonparentage as defense states:

“A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter

 

If a party disputes the paternity order, s/he may only claim the denial of due process during the original paternity proceeding.  The action must be filed and pursued in the tribunal issuing the paternity order, not during a Uniform Interstate Family Support Act (UIFSA) proceeding; e.g., enforcement of the order through income withholding.

 

Always give full faith and credit to another state’s paternity determination, regardless of whether the determination was made by an order/decree of paternity, or by some act of the father acknowledging paternity. 

 

A paternity action filed under UIFSA is handled the same way as any other in-state paternity action.  Apply the laws and procedures of this state. 

 

NOTE:  Tribes are given discretion in how paternity is established.  However, states and tribes are required to recognize and honor valid determination of paternity.

 

 

Procedures - Notice Requirements

 

Federal regulation 45 CFR 303.7(d)(7) requires that the responding state notify the initiating state of any legal process which may result in the establishment of an order or adjustment.  45 CFR 303.7(d)(7) states:

“Provide timely notice to the initiating agency in advance of any hearing before a tribunal that may result in establishment or adjustment of an order;”

 

To notify the other state of a formal hearing which may result in the establishment or adjustment of an order, determine if the other state is CSENet or non-CSENet and follow the procedures below.

 

1.                   CSENet state - notify the other state by sending a CSENet transmission. 

 

2.                   Non-CSENet – Generate and send the Interstate:  Notice of Hearing letter.