ENFORCEMENT OF SUPPORT OBLIGATION

CS 808P Enforcement on an Order Issued in Another State

New 1/00 Revised 8/06/08

UCA 62A-11-304.1, 315.5; 78B-14-507

 

Statutory Authority

 

Utah Code Annotated (UCA) 62A-11-315.5 (Enforcement of liens arising in another state) states:

     ďA 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

 

In addition, state law provides for the imposing of liens against personal property without initiating a judicial proceeding, or obtaining an order from any other judicial or administrative tribunal. (UCA 62A-11-304.1).A lien establishes a legal claim against the non-custodial parentís (NCPís) property.

 

Order Registration

 

If you are enforcing an order or judgment that is from a state other than Utah, you may use any administrative procedure authorized by the laws of Utah without registering the order judicially (UCA 78B-14-507).Generally, the Office of Recovery Services/Child Support Services (ORS/CSS) does not register an order issued in another state judicially, even if the initiating state requested registration.The recording of the order in the Utah State Case Registry (ORSIS) is sufficient legal basis for administrative enforcement remedies (UCA 62A-11-304.1).CSS is not obligated to register the order judicially for the purposes of administrative enforcement remedies, even if the NCP contests the administrative enforcement.

 

However, CSS may choose to register an order for a variety of reasons.If the NCP raises an issue on an out-of-state order, identify the issue that the NCP is raising.The NCP may contest the validity of the out-of-state order, the administrative enforcement of the order, and/or all or part of the debt that has accumulated under the order.Once you have identified the issue(s) that the NCP is raising, you may decide which of the proper procedures to follow as outlined below, which may include registering the order.

 

Non-custodial Parent Contests the Validity of the Out-of-State Order

 

1.                  If the NCP contests the validity of the out-of-state order, check the case file to decide if the initiating state included the necessary documentation for judicial registration of the order.

 

2.                  If such documentation is included in the case file, forward the case to the Attorney Generalís Office (AGO) to register the order and resolve the issue judicially.

a.                   If no administrative enforcement action has been initiated, do not begin enforcement until after the case has been referred to the AGO and the order has been registered judicially.

b.                  If administrative enforcement has begun (e.g. a lien-levy action with a financial institution has already begun):

i.                     continue the enforcement action; and,

ii.                   refer the case to the AGO for registration of the order.

 

NOTE:If money has been received, release the hold after the order has been judicially registered.

 

3.                  If no documentation is included for judicial registration in the case file, continue with the administrative enforcement action.

 

Non-custodial Parent Contests Part or All of the Debt

 

If the NCP contests part, but not all of the debt, continue to collect the part of the debt that is not contested.Review the issues the NCP raises concerning the remainder of the debt, and make adjustments as appropriate and/or begin collection on the entire debt.

 

If the NCP contest all of the debt, stop collection and follow the administrative review procedures.

Non-custodial Parent Contests the Use of Administrative Remedies to Collect the Debt

 

If the NCP is contesting the use of administrative remedies to collect the debt, refer the case to the AGO for registration of the out-of-state order.Continue to collect the entire debt while the registration process is proceeding.Do not stop the enforcement actions unless ordered to do so by the court.