Office of Recovery Services

Utah Code tit. 26B, ch. 26B-9, pt. 26B-9-P1

in effect

Utah Code § 26B-9-101 Definitions.

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. (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. (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. Amended by Chapter 83, 2026 General Session

Utah Code § 26B-9-103 Office of Recovery Services -- Creation.

26B-9-103. Office of Recovery Services -- Creation. (1) There is created within the department the Office of Recovery Services which has the powers and duties provided by law. (2) The office is under the administrative and general supervision of the executive director. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-104 Duties of the Office of Recovery Services.

26B-9-104. Duties of the Office of Recovery Services. (1) The office shall: (a) except as provided in Subsection (2), 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, 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; (d) collect money due the department which could act to offset expenditures by the state; (e) cooperate with the federal government in programs designed to recover health and social service funds; (f) collect civil or criminal assessments, fines, fees, amounts awarded as restitution, and reimbursable expenses owed to the state or any of the state's political subdivisions, if the office has contracted to provide collection services; (g) implement income withholding for collection of child support in accordance with Part 3, Income Withholding in IV-D Cases; (h) 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; (i) establish and maintain the state case registry in the manner required by the Social Security Act, 42 U.S.C. Sec. 654a, 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)(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; (j) contract with the Department of Workforce Services to establish and maintain the new hire registry created under Section 35A-7-103; (k) 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; (l) finance any costs incurred from collections, fees, General Fund appropriation, contracts, and federal financial participation; (m) 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, before taking action against a noncustodial parent to collect the alleged past-due support; (n) 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; (o) review the requirements for calculating a minimal child care award under Title 81, Chapter 6, Child Support, to ensure the application of the requirements results in the determination of appropriate minimal child care awards; and (p) submit to the Judiciary Interim Committee, in accordance with Section 68-3-14, a summary of the reviews described in Subsections (1)(n) and (o) on or before October 1, 2029, 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: (i) in the custody of the Division of Child and Family Services; and (ii) lives in the home of a custodial parent of the child for more than seven consecutive days, regardless of whether: (A) the greater than seven consecutive day period starts during one month and ends in the next month; and (B) the child is living in the home on a trial basis. (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)(a). (3) To conduct the review described in Subsection (1)(n) or (1)(o), the office may consider input from the Judicial Council, members of the Utah State Bar representing attorneys who practice family law, individuals with economic expertise, and other interested parties. Amended by Chapter 83, 2026 General Session

Utah Code § 26B-9-105 Disclosure of information regarding employees.

26B-9-105. Disclosure of information regarding employees. (1) Upon request by the office, for purposes of an official investigation made in connection with its duties under Section 26B-9-104, the following disclosures shall be made to the office: (a) a public or private employer shall disclose an employee's name, address, date of birth, income, social security number, and health insurance information pertaining to the employee and the employee's dependents; (b) an insurance organization subject to Title 31A, Insurance Code, or the insurance administrators of a self-insured employer shall disclose health insurance information pertaining to an insured or an insured's dependents, if known; and (c) a financial institution subject to Title 7, Financial Institutions Act, shall disclose financial record information of a customer named in the request. (2) The office shall specify by rule the type of health insurance and financial record information required to be disclosed under this section. (3) All information received under this section is subject to Title 63G, Chapter 2, Government Records Access and Management Act. (4) An employer, financial institution, or insurance organization, or its agent or employee, is not civilly or criminally liable for providing information to the office in accordance with this section, whether the information is provided pursuant to oral or written request. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-106 Adjudicative proceedings.

26B-9-106. Adjudicative proceedings. The office and the department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-107 Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover.

26B-9-107. Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover. (1) The office may file judicial proceedings as a real party in interest to establish, modify, and enforce a support order in the name of the state, any department of the state, the office, or an obligee. (2) No agreement between an obligee and an obligor as to past, present, or future obligations, reduces or terminates the right of the office to recover from that obligor on behalf of the department for public assistance provided, unless the department has consented to the agreement in writing. (3) Any court order that includes a money judgment for support to be paid to an obligee by any person is considered to be in favor of the office to the extent of the amount of the office's right to recover public assistance from the judgment debtor. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-108 Director -- Powers of office -- Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement -- Meetings.

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. Amended by Chapter 83, 2026 General Session

Utah Code § 26B-9-109 Office designated as criminal justice agency -- Access by IV-D agencies to motor vehicle and law enforcement data through the office.

26B-9-109. Office designated as criminal justice agency -- Access by IV-D agencies to motor vehicle and law enforcement data through the office. (1) The office is designated as a criminal justice agency for the purpose of requesting and obtaining access to criminal justice information, subject to appropriate federal, state, and local agency restrictions governing the dissemination of that information. (2) All federal and state agencies conducting activities under Title IV-D of the Social Security Act shall have access through the office to any system used by this state to locate an individual for purposes relating to motor vehicles or law enforcement. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-110 Lien provisions.

26B-9-110. Lien provisions. Provisions for collection of any lien placed as a condition of eligibility for any federally or state-funded public assistance program are as follows: (1) Any assistance granted after July 1, 1953 to the spouse of an old-age recipient who was not eligible for old-age assistance but who participated in the assistance granted to the family is recoverable in the same manner as old-age assistance granted to the old-age recipient. (2) At the time of the settlement of a lien given as a condition of eligibility for the old-age assistance program, there shall be allowed a cash exemption of $1,000, less any additional money invested by the department in the home of an old-age recipient or recipients of other assistance programs either as payment of taxes, home and lot improvements, or to protect the interest of the state in the property for necessary improvements to make the home habitable, to be deducted from the market or appraised value of the real property. When it is necessary to sell property or to settle an estate the department may grant reasonable costs of sale and settlement of an estate as follows: (a) When the total cost of probate, including the sale of property when it is sold, and the cost of burial and last illness do not exceed $1,000, the exemption of $1,000 shall be the total exemption, which shall be the only amount deductible from the market or appraised value of the property. (b) Subject to Subsection (2)(c), when $1,000 is not sufficient to pay for the costs of probate, the following expenditures are authorized: (i) cost of funeral expenses not exceeding $1,500; (ii) costs of terminal illness, provided the medical expenses have not been paid from any state or federally-funded assistance program; (iii) realty fees, if any; (iv) costs of revenue stamps, if any; (v) costs of abstract or title insurance, whichever is the least costly; (vi) attorney fees not exceeding the recommended fee established by the Utah State Bar; (vii) administrator's fee not to exceed $150; (viii) court costs; and (ix) delinquent taxes, if any. (c) An attorney, who sells the property in an estate that the attorney is probating, is entitled to the lesser of: (i) a real estate fee; or (ii) an attorney fee. (3) The amounts listed in Subsection (2)(b) are to be considered only when the total costs of probate exceed $1,000, and those amounts are to be deducted from the market or appraised value of the property in lieu of the exemption of $1,000 and are not in addition to the $1,000 exemption. (4) When both husband and wife are recipients and one or both of them own an interest in real property, the lien attaches to the interests of both for the reimbursement of assistance received by either or both spouses. Only one exemption, as provided in this section, is allowed. (5) When a lien was executed by one party on property that is owned in joint tenancy with full rights of survivorship, the execution of the lien severs the joint tenancy and a tenancy in common results, insofar as a department lien is affected, unless the recipients are husband and wife. When recipients are husband and wife who own property in joint tenancy with full rights of survivorship, the execution of a lien does not sever the joint tenancy, insofar as a department lien might be affected, and settlement of the lien shall be in accordance with the provisions of Subsection (4). (6) The amount of the lien given for old-age assistance shall be the total amount of assistance granted up to the market or appraised value of the real or personal property, less the amount of the legal maximum property limitations from the execution of the lien until settlement thereof. There shall be no exemption of any kind or nature allowed against real or personal property liens granted for old-age assistance except assistance in the form of medical care, and nursing home care, other types of congregate care, and similar plans for persons with a physical or mental disability. (7) When it is necessary to sell property or to settle an estate, the department is authorized to approve payment of the reasonable costs of sale and settlement of an estate on which a lien has been given for old-age assistance. (8) The amount of reimbursement of all liens held by the department shall be determined on the basis of the formulas described in this section, when they become due and payable. (9) All lien agreements shall be recorded with the county recorder of the county in which the real property is located, and that recording has the same effect as a judgment lien on any real property in which the recipient has any title or interest. All such real property including but not limited to, joint tenancy interests, shall, from the time a lien agreement is recorded, be and become charged with a lien for all assistance received by the recipient or his spouse as provided in this section. That lien has priority over all unrecorded encumbrances. No fees or costs shall be paid for such recording. (10) Liens shall become due and payable, and the department shall seek collection of each lien now held: (a) when the property to which the lien attaches is transferred to a third party prior to the recipient's death, provided, that if other property is purchased by the recipient to be used by the recipient as a home, the department may transfer the amount of the lien from the property sold to the property purchased; (b) upon the death of the recipient and the recipient's spouse, if any. When the heirs or devisees of the property are also recipients of public assistance, or when other hardship circumstances exist, the department may postpone settlement of the lien if that would be in the best interest of the recipient and the state; (c) when a recipient voluntarily offers to settle the lien; or (d) when property subject to a lien is no longer used by a recipient and appears to be abandoned. (11) When a lien becomes due and payable, a certificate in a form approved by the department certifying to the amount of assistance provided to the recipient and the amount of the lien, shall be mailed to the recipient, the recipient's heirs, or administrators of the estate, and the same shall be allowed, approved, filed, and paid as a preferred claim, as provided in Subsection 75-3-805(1)(e) in the administration of the decedent's estate. The amount so certified constitutes the entire claim, as of the date of the certificate, against the real or personal property of the recipient or the recipient's spouse. Any person dealing with the recipient, heirs, or administrators, may rely upon that certificate as evidence of the amount of the existing lien against that real or personal property. That amount, however, shall increase by accruing interest until time of final settlement, at the rate of 6% per annum, commencing six months after the lien becomes due and payable, or at the termination of probate proceedings, whichever occurs later. (12) If heirs are unable to make a lump-sum settlement of the lien at the time it becomes due and payable, the department may permit settlement based upon periodic repayments in a manner prescribed by the department, with interest as provided in Subsection (11). (13) All sums so recovered, except those credited to the federal government, shall be retained by the department. (14) The department is empowered to accept voluntary conveyance of real or personal property in satisfaction of its interest therein. All property acquired by the department under the provisions of this section may be disposed of by public or private sale under rules prescribed by the department. The department is authorized to execute and deliver any document necessary to convey title to all property that comes into its possession, as though the department constituted a corporate entity. (15) Any real property acquired by the department, either by foreclosure or voluntary conveyance, is tax exempt, so long as it is so held. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-111 Assignment of support -- Children in state custody.

26B-9-111. Assignment of support -- Children in state custody. (1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days. (2) The department has the right to receive payment for child support assigned to it under Subsection (1). (3) The Office of Recovery Services is the payee for the department for payment received under this section. Renumbered and Amended by Chapter 305, 2023 General Session

Utah Code § 26B-9-112 Alternative payment by obligor through electronic funds transfer.

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 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. Amended by Chapter 83, 2026 General Session

Utah Code § 26B-9-113 Mandatory distribution to obligee through electronic funds transfer.

26B-9-113. Mandatory distribution to obligee through 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 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. Amended by Chapter 83, 2026 General Session

Utah Code § 26B-9-114 Collection of spousal support after child support ends.

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. Enacted by Chapter 83, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title26B/Chapter9/26B-9-P1.html?v=C26B-9-P1_2023050320230503Fetched: 10/26/2026