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2022 Utah Code
Title 30 - Husband and Wife
Chapter 3 - Divorce
Section 3.5 - Collection fee for past due child support or alimony.
Universal Citation: UT Code § 30-3-3.5 (2022)
Effective 5/12/2020
30-3-3.5. Collection fee for past due child support or alimony.
Enacted by Chapter 182, 2020 General Session
30-3-3.5. Collection fee for past due child support or alimony.
- (1) As used in this section:
- (a) "Debtor" means a person obligated or allegedly obligated to pay a domestic relations debt.
- (b) "Domestic relations debt" means an obligation or alleged obligation to pay past due child support or alimony.
- (2)
- (a) A court shall order the amounts described in Subsection (2)(b) be paid, if:
- (i) the court issues a judgment requiring the payment of a domestic relations debt by the debtor;
- (ii) imposing a collection fee on the debtor or in relation to the domestic relations debt is not prohibited or otherwise restricted by another federal or state law; and
- (iii) the person owed the domestic relations debt has a contingency arrangement with an attorney to collect the domestic relations debt.
- (b) If the conditions of Subsection (2)(a) are met, a court shall order payment of:
- (i) the principal amount due;
- (ii) applicable interest;
- (iii) a collection fee equal to the amount provided in the contingency agreement, except that the collection fee may not exceed the lesser of:
- (A) the actual amount the person owed the domestic relations debt is required to pay for collection costs, regardless of whether that amount is a specific dollar amount or a percentage of the principal amount owed for the domestic relations debt; or
- (B) 40% of the principal amount owed to the person for the domestic relations debt;
- (iv) reasonable attorney fees; and
- (v) costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i).
- (a) A court shall order the amounts described in Subsection (2)(b) be paid, if:
- (3) The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred at the time the person owed a domestic relations debt enters into an agreement with an attorney to collect the domestic relations debt.
- (4) An obligation to pay a collection fee imposed under this section is in addition to any obligation to pay reasonable attorney fees that may exist.
- (5) The Office of Recovery Services may not collect an order issued pursuant to Subsection (2).
Enacted by Chapter 182, 2020 General Session
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