OUTGOING INTERGOVERNMENTAL

CS 220P Long-Arm

10/96 Revised 01/03/11 Training Completed 01/18/11

UCA 78B-3-202 and 78B-3-205, 78B-14-201 and 202

 

Utah Code Annotated (UCA) 78B-3-202 and 78B-3-205 and 78B-14-201 (UIFSA) allow the Office of Recovery Services/Child Support Services (ORS/CSS) to use long-arm jurisdiction over a non-resident in several different situations.  This means that if an individual does not reside in the state of Utah, but meets one of the established criteria listed below, CSS may issue or enforce an order against that individual just as if the person physically resided within the state’s jurisdiction.

 

There are several advantages to using long-arm jurisdiction whenever possible.  Some of the advantages are as follows.

 

1.                   Case processing is easier because CSS has better access to the custodial parent (CP) since the CP resides in Utah.

 

2.                   There is only one state involved so there is less delay in working the case, and CSS maintains control of the case.

 

3.                   The laws of Utah are used to issue or enforce an order. 

a.                   Once an order is issued, it can be enforced anywhere using direct withholding.

b.                  Utah maintains Continuing, Exclusive Jurisdiction (CEJ) over the order as long as the CP, non-custodial parent (NCP), or the child resides in this state.

 

“(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order, and:

(a) at the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(b) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.”

(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(a) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(b) its order is not the controlling order.

(3) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.”

 

 

Definition

 

One-State Remediesincludes both long-arm and direct enforcement techniques.

 

 

Utah Long-Arm Criteria

 

You may bring an action against a NCP/alleged father residing in another state if the case meets one of the criteria listed in Utah’s Long-Arm statute found in UCA 78-27-24(6) and (7):

 

“78B-3-205.   Acts submitting person to jurisdiction.
Notwithstanding Section 16-10a-1501, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jurisdiction of the courts of this state as to any claim arising out of or related to. . .
(6) with respect to actions of divorce, separate maintenance, or child support, having resided, in the marital relationship, within this state notwithstanding subsequent departure from the state; or the commission in this state of the act giving rise to the claim, so long as that act is not a mere omission, failure to act, or occurrence over which the defendant had no control; or
(7) the commission of sexual intercourse within this state which gives rise to a paternity suit under Title 78B, Chapter 15, Utah Uniform Parentage Act, to determine paternity for the purpose of establishing responsibility for child support.” 
 

 

 

UIFSA Long-Arm Criteria

 

The circumstances that allow long-arm jurisdiction are all based on the existence of a connection between the child, the state, and the person in the other state.  You must be able to document the connection; e.g., affidavit from a landlord stating that the NCP lived in Utah with the child. You may bring an action against a NCP/alleged father residing in another state if the case meets one of the criteria listed in UCA 78B-14-201:

 

“78B-14-201.   Bases for jurisdiction over nonresident.
(1) In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if:
(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage in the putative father registry maintained in this state by the state registrar of vital records in the Department of Health pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in Subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child-support order of another state unless the requirements of Section 78B-14-611 or 78B-14-615 are met.”

 

Most of the provisions relate to child support orders or determining paternity; however, (a), (b), and (h) apply to spousal support as well.

 

 

Long-Arm Procedures

 

Utah's long-arm statute gives Utah jurisdiction over an out-of-state NCP in some cases.  Use the long-arm remedies listed below when appropriate.

 

1.                   Continuing Jurisdiction Remedies:  In accordance with U.C.A 78B-14-202, the Utah court retains continuing, exclusive jurisdiction over the parties named in a Utah order even if the NCP or CP lives out-of-state. 

 

78B-14-202.   Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 78B-14-205, 78B-14-206, and 78B-14-211.”

 

You may refer a case with a Utah order to the Attorney General's Office for judicial action, but you must be able to successfully serve the NCP in the other state.   

 

2.                   Long-Arm Notice of Agency Action:  You may serve a long-arm Notice of Agency Action (NAA) on an out-of-state NCP if the NCP meets long-arm criteria.  Document the evidence for Utah’s long-arm jurisdiction in the case narratives.  Choose the correct options within the NAA in accordance with UCA 78B-14-201 to indicate Utah’s jurisdiction over the parties.  An assessment to establish current support, judgment, and repayment amounts may be conducted over the phone or by mail. 

  
If the NCP requests a hearing, send an “Order to Participate in a Preliminary Conference” by regular mail to the address where the NAA was sent. 

 

3.                   Long-Arm Paternity:  Federal regulations require states to use long-arm statutes whenever possible to establish paternity.  Utah's long-arm statute allows paternity to be established and support ordered, even though the alleged father lives in another state, if the case meets one of the long-arm criteria found in the UIFSA Long Arm Criteria section above.  Document the evidence for Utah’s long-arm jurisdiction per the UIFSA criteria in the case narratives.  Choose the correct options within the NAA in accordance with UCA 78B-14-201 to indicate Utah’s jurisdiction over the parties.

 

If the NCP requests genetic testing, contact one of the genetic testing labs contracted with CSS and arrange for the NCP to be tested in his/her state.

 

If the NCP requests a hearing and paternity is an issue, you may attempt to resolve the issues informally with the NCP and obtain a signed “Stipulation and Order” to indicate that the NCP is waiving the hearing.  If you cannot obtain a stipulation, dismiss the NAA and either refer the case to the AGO for judicial action (you must be able to successfully serve the NCP in the other state) or send an interstate referral to the NCP’s state.