Utah Code 81-7-102. Payment under child support or alimony order — Judgment
Current as of: 2024 | Check for updates
|
Other versions
(1) All monthly payments of child support and alimony are due on the 1st day of each month in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support.
Terms Used In Utah Code 81-7-102
- Alimony: means the same as that term is defined in Section
81-4-101 . See Utah Code 81-7-101 - Child: means , except as provided in Section
81-6-101 , a biological or adopted child of any age. See Utah Code 81-1-101 - Child support: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-7-101 - Child support services: means the same as that term is defined in Section
26B-9-101 . See Utah Code 81-7-101 - Court: means :(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section
78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Obligee: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-7-101- Obligor: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-7-101- Support order: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-7-101- Tribunal: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-7-101(2) For purposes of child support services and income withholding described in Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the 1st day of the following month.(3) For purposes other than those specified in Subsection (1), child support is payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.(4) Each payment or installment of child support or alimony under any support order is, on and after the date the payment or installment is due:(4)(a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (5);(4)(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and(4)(c) not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (5).(5)(5)(a) A child support or alimony payment under a support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on:(5)(a)(i) the obligee if the obligor is the petitioner; or(5)(a)(ii) the obligor if the obligee is the petitioner.(5)(b) If the tribunal orders that the support order should be modified, the effective date of the modification shall be the month following service on the party whose support is affected.(5)(c) Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered.(6) The judgment provided for in Subsection (4)(a), to be effective and enforceable as a lien against the real property interest of any third party relying on the public record, shall be docketed in the district court in accordance with Sections78B-5-202 and26B-9-214 .