Utah Code 78B-14-706. Registration of convention support order
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Part 6, Registration, Enforcement, and Modification of Support Order.
Terms Used In Utah Code 78B-14-706
- 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.
- 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
- 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
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102
- 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
- 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) Notwithstanding Section 78B-14-311 and Subsection 78B-14-602(1), a request for registration of a convention support order shall be accompanied by:(2)(a) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;(2)(b) a record stating that the support order is enforceable in the issuing country;(2)(c) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;(2)(d) a record showing the amount of arrears, if any, and the date the amount was calculated;(2)(e) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and(2)(f) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.(3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.(4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under Section 78B-14-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.