Utah Code 35A-3-108. Assignment of support
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 35A-3-108
- Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
- Assignment of support: means the transfer to the state of a recipient's right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance. See Utah Code 35A-3-102
- Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
- Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- 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
- Public assistance: means :
(10)(a) services or benefits provided under Chapter 3, Employment Support Act;(10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;(10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;(10)(d) SNAP benefits; and(10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102- Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) An applicant shall provide an assignment of support to the department regardless of whether the payment is court ordered.(1)(b) Upon the receipt of public assistance, any right of the recipient to receive support from another person passes to the state, including a right to support on behalf of any family member for whom the recipient is applying for or receiving assistance, even if the recipient has not executed and delivered an assignment of support to the department as required by Subsection (1)(a).(2) An assignment of support, or a right to receive support passed to the state, includes payments ordered, decreed, or adjudged by a court within this state, another state, or a territory of the United States and is not in lieu of, and does not supersede or alter, any other court order, decree, or judgment.(3) When an assignment of support is executed or the right to support passes to the state under this section, the recipient is eligible to regular monthly assistance and the support paid to the state is a refund.(4) All money refunded under this section shall be deposited into the General Fund, except any amount which is required to be credited to the federal government.(5) On and after the date a recipient stops receiving cash assistance, an assignment of support under this section does not apply to support that accrued before the recipient received the cash assistance if:(5)(a) the state has not collected the support by the date the recipient stops receiving cash assistance; and(5)(b) the assignment was executed on or after October 1, 1998.(6) The state shall distribute arrearages to a recipient in accordance with the requirements of the Social Security Act, 42 U.S.C. § 657.(7) When an assignment of support includes child support, the total amount of child support assigned to the state and collected under this section may not exceed the total amount of cash assistance received by the recipient. - Public assistance: means :