Terms Used In Utah Code > Title 78B > Chapter 14 - Utah Uniform Interstate Family Support Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Application: means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Utah Code 78B-14-701.5
• Appraisal: A determination of property value.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:
            (1)(b)(i) used to determine if a person is in need of:

                 (1)(b)(i)(A) substance abuse treatment that is obtained at a substance abuse program;

                 (1)(b)(i)(B) an educational series; or

                 (1)(b)(i)(C) a combination of Subsections (1)(b)(i)(A) and (B); and
            (1)(b)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Central authority: means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention. See Utah Code 78B-14-701.5
• Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102
• Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Utah Code 78B-14-102
• Contract: A legal written agreement that becomes binding when signed.
• Convention: means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Utah Code 78B-14-102
• Convention support order: means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d). See Utah Code 78B-14-701.5
• Conviction: means any conviction arising from a separate episode of driving for a violation of:
            (2)(a)(i) driving under the influence under Section 41-6a-502;
            (2)(a)(ii)

                 (2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or

                 (2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under Section Utah Code 41-6a-501
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Direct request: means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. See Utah Code 78B-14-701.5
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501
• Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Utah Code 78B-14-102
• Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
       (5)(a) which has been declared under the law of the United States to be a foreign reciprocating country;
       (5)(b) which has established a reciprocal arrangement for child support with this state as provided in Section 78B-14-308;
       (5)(c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
       (5)(d) in which the convention is in force with respect to the United States. See Utah Code 78B-14-102
• Foreign support order: means a support order of a foreign tribunal. See Utah Code 78B-14-102
• Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
• Fraud: Intentional deception resulting in injury to another.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. See Utah Code 78B-14-102
• Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Utah Code 78B-14-102
• Income-withholding order: means an order or other legal process directed to an obligor's employer or other source of income as defined in Section 26B-9-101, to withhold support from the income of the obligor. See Utah Code 78B-14-102
• Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Utah Code 78B-14-102
• Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
• Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• motor vehicle: includes :
                 (1)(m)(ii)(A) an off-highway vehicle as defined under Section 41-22-2; and
                 (1)(m)(ii)(B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501
• Negligence: means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. See Utah Code 41-6a-501
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligee: means :
       (16)(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
       (16)(b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
       (16)(c) an individual seeking a judgment determining parentage of the individual's child; or
       (16)(d) a person who is a creditor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102
• Obligor: means an individual who, or the estate of a decedent that:
       (17)(a) owes or is alleged to owe a duty of support;
       (17)(b) is alleged but has not been adjudicated to be a parent of a child;
       (17)(c) is liable under a support order; or
       (17)(d) is a debtor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102
• Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Utah Code 78B-14-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-14-102
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-14-102
• Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Utah Code 78B-14-102
• Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Utah Code 78B-14-102
• Responding state: means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See Utah Code 78B-14-102
• Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Utah Code 78B-14-102
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Screening: means a preliminary appraisal of a person:
            (1)(i)(i) used to determine if the person is in need of:

                 (1)(i)(i)(A) an assessment; or

                 (1)(i)(i)(B) an educational series; and
            (1)(i)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Serious bodily injury: means bodily injury that creates or causes:
            (1)(j)(i) serious permanent disfigurement;
            (1)(j)(ii) protracted loss or impairment of the function of any bodily member or organ; or
            (1)(j)(iii) a substantial risk of death. See Utah Code 41-6a-501
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
• Spousal support order: means a support order for a spouse or former spouse of the obligor. See Utah Code 78B-14-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-14-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
       (27)(a) seek enforcement of support orders or laws relating to the duty of support;
       (27)(b) seek establishment or modification of child support;
       (27)(c) request determination of parentage of a child;
       (27)(d) attempt to locate obligors or their assets; or
       (27)(e) request determination of the controlling child support order. See Utah Code 78B-14-102
• Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Utah Code 78B-14-102
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102