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2025 Utah Code
Title 81 - Utah Domestic Relations Code
Chapter 7 - Payment and Enforcement of Spousal and Child Support
Section 103 - Collection fee for past due child support or alimony.
Universal Citation:
UT Code § 81-7-103 (2025)
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Effective 9/1/2024
81-7-103. Collection fee for past due child support or alimony.
Renumbered and Amended by Chapter 366, 2024 General Session
81-7-103. 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).
Renumbered and Amended by Chapter 366, 2024 General Session
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