(1) The petitioner may not be required to pay a filing fee or other costs.

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Terms Used In Utah Code 78B-14-313

  • 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
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102
  • 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
  • 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
  • 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
  • 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
  • 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
(2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or a foreign country, except as provided by law. Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under Part 6, Registration, Enforcement, and Modification of Support Order, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.