35A-3-108 - Assignment of support. - Utah Statutes

35A-3-108. Assignment of support.
(1) (a) The division shall obtain an assignment of support from each applicant or clientregardless of whether the payment is court ordered.
(b) Upon the receipt of assistance, any right to receive support from another person passesto the state, even if the client has not executed and delivered an assignment to the division asrequired by Subsection (1)(a).
(c) The right to support described in Subsection (1)(b) includes a right to support in theapplicant's or client's own behalf or in behalf of any family member for whom the applicant orclient is applying for or receiving assistance.
(2) An assignment of support or a passing of rights under Subsection (1)(b) includespayments ordered, decreed, or adjudged by any court within this state, any other state, or territoryof the United States and is not in lieu of, and shall not supersede or alter, any other court order,decree, or judgment.
(3) When an assignment is executed or the right to support passes to the departmentunder Subsection (1)(b), the applicant or client is eligible to regular monthly assistance and thesupport paid to the division is a refund.
(4) All sums refunded, except any amount which is required to be credited to the federalgovernment, shall be deposited into the General Fund.
(5) On and after the date a family stops receiving cash assistance, an assignment ofsupport under Subsection (1) shall not apply to any support that accrued before the familyreceived such assistance if the department has not collected the support by the date the familystops receiving cash assistance, if the assignment is executed on or after October 1, 1998.
(6) The department shall distribute arrearages to families in accordance with the SocialSecurity Act, 42 U.S.C. Sec. 657.
(7) The total amount of child support assigned to the department and collected under thissection may not exceed the total amount of cash assistance received by the recipient.

Amended by Chapter 188, 1998 General Session