Utah Code 78B-14-604. Choice of law
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided in Subsection (4), the law of the issuing state or foreign country governs:
Terms Used In Utah Code 78B-14-604
- 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- 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
- Law: includes decisional and statutory law and rules and regulations having the force of law. 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
- Statute: A law passed by a legislature.
- 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
(1)(a) the nature, extent, amount, and duration of current payments under a registered support order;(1)(b) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and(1)(c) the existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.