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Senate expands ORS collection authority to include attorney fees in child-support orders

Utah State Senate · February 20, 2007
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Summary

Senate Bill 184 authorizes the Office of Recovery Services (ORS) to collect attorney fees awarded in establishing child-support orders (but not visitation fees), consolidating collections for arrears and related support obligations; the Senate passed the measure and referred it to the House.

Sen. Hilliard presented Senate Bill 184 to clarify and expand Office of Recovery Services (ORS) collection authority related to child-support obligations.

Under current practice, ORS collects ongoing child-support payments, arrears and certain specified expenses such as daycare and medical-portion arrears once docketed; attorney fees awarded in establishing a child-support order are handled separately and not collected by ORS. SB184 would allow ORS to collect attorney fees incurred in establishing a child-support order (but not fees related to visitation disputes), thereby consolidating collection efforts and reducing separate actions for enforcement.

Hilliard described practical effects for noncustodial parents and attorneys: historically parties have coordinated with ORS for support collection while attorney-fee awards required separate collection efforts; the bill would enable ORS to include attorney fees in its collection process, including for out-of-state obligors. After sponsor remarks, the Senate considered the bill under suspension of the rules and passed it on final passage with a roll-call result announced as 20 yes, 7 nay, 2 absent; the bill was referred to the House.

What comes next: The measure will be sent to the House for further consideration; implementation details for ORS procedures would follow if the bill becomes law.