(1) Notwithstanding any provision of this chapter to the contrary, the office shall, except as provided in Subsection (3), distribute child support payments, under Subsection 26B-9-312(2) or Section 26B-9-406, by electronic funds transfer.

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Terms Used In Utah Code 26B-9-113

  • Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
  • Child: means the same as that term is defined in Section 81-6-101. See Utah Code 26B-9-101 v2
  • Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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 or public assistance. See Utah Code 26B-9-101
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
(2) Distribution of child support payments by electronic payment under this section shall be made to:

     (2)(a) an account of the obligee; or
     (2)(b) an account that may be accessed by the obligee through the use of an electronic access card.
(3)

     (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).
     (3)(b) The rules described in Subsection (3)(a) may only allow exceptions under circumstances where:

          (3)(b)(i) requiring distribution by electronic funds transfer would result in an undue hardship to the office or a person; or
          (3)(b)(ii) it is not likely that distribution will be made to the obligee on a recurring basis.