ESTABLISH ORDER

CS 352P Administrative Process

04/87 Revised 08/14/08

UCA 62A-11-301 through 328, UCA 63G-4

 

UCA 62A-11-304.2 provides specific authority to the Office of Recovery Services/Child Support Services (ORS/CSS) to use the administrative process to establish paternity and child support orders.The administrative process is a legal process under the Utah Administrative Procedures Act (UAPA), found at UCA 63G-4.Use of the administrative process to establish an order avoids the greater cost and time associated with the judicial process.In general, administrative orders have the same effect and are as valid as judicial child support orders.

 

When to Use the Administrative Process to Establish a Support Order

 

You may use the administrative process for the reasons listed below.

 

1.                  To obtain a support order and sum-certain judgment, if applicable, against both parents, who reside in-state, or

 

2.                  to obtain a support order and sum-certain judgment for past-due support against a non-custodial parent (NCP) who resides out-of-state if one or more of the following conditions apply:

a.                   the out-of-state NCP once resided in Utah in a marital relationship with the custodial parent (CP);

b.                  a Utah support order exists;

c.                   the individual is personally served with a notice within Utah;

d.                  the individual submits to the personal jurisdiction of this state by signing a stipulation waiving any contest to jurisdiction;

e.                   the individual resided with the child in Utah;

f.                    the individual resided in Utah and provided prenatal expenses or support for the child;

g.                   the child resides in this state due to acts or at the direction of the individual;

h.                   the individual asserted parentage and filed the claim with the putative father registry maintained by the state registrar of vital records in the Department of Health pursuant to Title 78, Chapter 30, Adoption; or,

i.                     there is any other basis consistent with the constitutions of the State of Utah and the United States for the exercise of personal jurisdiction.

 

3.                  To establish paternity, a child support order and a sum-certain judgment when paternity has not been previously established.

 

4.                  To obtain a support order and a sum-certain judgment against a biological father who has declared himself to be the legal father of a child by signing a voluntary paternity declaration.The declaration is signed by both the mother and the biological father in the state where the child was born.Once the declaration is filed with the state registrar, a legal father-child relationship is established which is identical to the relationship established when a child is born to people married to each other.After you have obtained a copy of the voluntary declaration form from the state where the form is filed, proceed to establish a support order against the father administratively, rather than judicially.

 

5.                  To amend an administrative order.

 

6.                  To set aside an administrative order.

 

Additional Items Included in a Child Support Order

 

The items listed below are also included in administrative orders.

 

1.                  Medical support provisions that order:

a.                   either parent to obtain employment related insurance for medical and dental if it is available, or becomes available;

b.                  both parents to share equally the out-of-pocket costs of the child(ren)ís portion of the insurance premium that is paid by the parent who maintains the insurance; and,

c.                   the parent who maintains the insurance to provide verification to CSS when the child(ren) is enrolled, and to provide verification of any change in insurance carrier, premium or benefits within 30 days.

 

2.                  A provision for immediate income withholding, or a provision for not implementing immediate income withholding due to good cause or a written agreement.

 

3.                  A sum-certain judgment for genetic test costs on paternity establishment cases, if appropriate.

 

NOTE:You may not use the administrative process to obtain orders on cases that have an existing judicial order that does not order the NCP to pay support unless the judicial order specifically authorizes CSS to set support.