OUTGOING INTERGOVERNMENTAL
10/96 Revised 09/01/25 Training Completed 09/15/15 Last Reviewed 03/30/26
Utah
Code 78B-3-202, 205, 81-8-201
and 202
Long-Arm Jurisdiction
Utah Code 78B-3-202, 78B-3-205, and Title 81, Chapter 8, Uniform
Interstate Family Support Act (UIFSA), allow the Office of Recovery
Services/Child Support Services (ORS/
There are several advantages to using long-arm jurisdiction
whenever possible. Some of the advantages are as follows:
1.
Case processing is easier because
2.
There is only one state involved so there is less delay in working
the case, and
3.
The laws of Utah are used to issue or enforce an order.
a.
Once an order is issued, it can be enforced anywhere using direct
withholding.
b.
Utah maintains Continuing, Exclusive Jurisdiction (CEJ) pursuant
to Utah Code 81-8-205 (see below), over the order as long as the CP,
noncustodial parent (NCP), or the child resides in this state.
“(1) A tribunal of this state that
has issued a child support order consistent with the law of this state has and
shall exercise continuing, exclusive jurisdiction to modify its child support
order if the order is the controlling order, and:
(a) at the time of the filing of a
request for modification, this state is the residence of the obligor, the
individual obligee, or the child for whose benefit
the support order is issued; or
(b) even if this state is not the
residence of the obligor, the individual obligee, or
the child for whose benefit the support order is issued, the parties consent in
a record or in open court that the tribunal of this state may continue to
exercise jurisdiction to modify the tribunal’s order.
(2) A tribunal of this state that
has issued a child support order consistent with the law of this state may not
exercise continuing, exclusive jurisdiction to modify the order if:
(a) all of the parties who are individuals
file consent in a record with the tribunal of this state that a tribunal of
another state that has jurisdiction over at least one of the parties who is an
individual or that is located in the state of residence of the child may modify
the order and assume continuing, exclusive jurisdiction; or
(b) the tribunal’s order is not
the controlling order.
(3) If a tribunal of another state
has issued a child support order in accordance with the Uniform Interstate
Family Support Act or a law substantially similar to that act that modifies a
child support order of a tribunal of this state, a tribunal of this state shall
recognize the continuing, exclusive jurisdiction of the tribunal of the other
state.
(4) A tribunal of this state that
lacks continuing, exclusive jurisdiction to modify a child support order may
serve as an initiating tribunal to request a tribunal of another state to
modify a support order issued in that state.
(5) A temporary support order
issued ex parte or pending resolution of a jurisdictional conflict does not
create continuing, exclusive jurisdiction in the issuing tribunal.”
Definition
One-State
Remedies – Includes
both long-arm and direct enforcement techniques.
Utah Long-Arm Criteria
You may bring an action against an NCP/alleged father residing in
another state if the case meets one of the criteria listed in Utah’s Long-Arm
statute found in Utah Code 78-27-24:
“Notwithstanding Section 16-10a-1501, any person or personal
representative of the person, whether or not a citizen or resident of this
state, who, in person or through an agent, does any of the following enumerated
acts is subject to the jurisdiction of the courts of this state as to any claim
arising out of or related to. . .
(6) with respect to actions of divorce, separate maintenance, or child support,
having resided, in the marital relationship, within this state notwithstanding
subsequent departure from the state; or the commission in this state of the act
giving rise to the claim, so long as that act is not a mere omission, failure
to act, or occurrence over which the defendant had no control; or
(7) the commission of sexual intercourse within this state which gives rise to
a parentage action under Title 81, Chapter 5, Uniform Parentage Act, to
determine parentage for the purpose of establishing responsibility for child
support.”
UIFSA Long-Arm Criteria
The circumstances that allow long-arm jurisdiction are all based
on the existence of a connection between the child, the state, and the person
in the other state. You must be able to document the connection (e.g.,
affidavit from a landlord stating that the NCP lived in Utah with the child).
You may bring an action against an NCP/alleged father residing in another state
if the case meets one of the criteria listed in Utah Code 81-8-201:
“(1) In a proceeding to establish
or enforce a support order or to determine parentage, a tribunal of this state
may exercise personal jurisdiction over a nonresident individual, or the
individual's guardian or conservator, if:
(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent, by
entering a general appearance, or by filing a responsive document having the
effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or
support for the child;
(e) the child resides in this state as a result of the acts or directives of
the individual;
(f) the individual engaged in sexual intercourse in this state and the child
may have been conceived by that act of intercourse;
(g) the individual asserted parentage of a child in the putative father
registry maintained in this state by the Office of Vital Records and Statistics
in accordance with Chapter 13, Adoption; or
(h) there is any other basis consistent with the constitutions of this state
and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in Subsection (1) or in any
other law of this state may not be used to acquire personal jurisdiction for a
tribunal of the state to modify a child-support order of another state unless
the requirements of Section 81-8-611
or 81-8-615 are met.”
Most of the provisions relate to child support orders or
determining parentage; however, (a), (b), and (h) apply to spousal support as
well.
Utah's long-arm statute gives Utah jurisdiction over an
out-of-state NCP in some cases. Use the long-arm remedies listed below when
appropriate.
1.
Continuing
Jurisdiction Remedies: In accordance with Utah Code
81-8-202, the Utah court retains continuing, exclusive jurisdiction over the
parties named in a Utah order even if the NCP or CP lives out-of-state.
“Personal jurisdiction acquired by
a tribunal of this state in a proceeding under this chapter or other law of
this state relating to a support order continues as long as a tribunal of this
state has continuing, exclusive jurisdiction to modify the tribunal’s order or
continuing jurisdiction to enforce the tribunal’s order as described in
Sections 81-8-205, 81-8-206, and 81-8-211.”
You may refer a case with a Utah
order to the Attorney General's Office (AGO) for judicial action, but you must
be able to successfully serve the NCP in the other state. See CS 158P
Continuing, Exclusive Jurisdiction for more information.
2.
Long-Arm
Notice of Agency Action: You may serve a long-arm Notice
of Agency Action (NAA) on an out-of-state NCP if the NCP meets long-arm
criteria. Document the evidence for Utah’s long-arm jurisdiction in the case
narratives. Choose the correct options within the NAA in accordance with Utah
Code 81-8-201 to indicate Utah’s jurisdiction over the parties. An assessment
to establish current support, judgment, and repayment amounts may be conducted
over the phone or by mail.
If the NCP requests a hearing, send an “Order to Participate in a Preliminary
Conference” form by regular mail to the address where the NAA was sent.
3.
Long-Arm
Parentage: Federal regulations require states to use long-arm statutes
whenever possible to establish parentage. Utah's long-arm statute allows
parentage to be established and support ordered, even though the alleged father
lives in another state, if the case meets one of the long-arm criteria found in
the UIFSA Long Arm Criteria section above.
Document the evidence for Utah’s
long-arm jurisdiction per the UIFSA criteria in the case narratives. Choose the
correct options within the NAA in accordance with Utah Code 81-8-201 to
indicate Utah’s jurisdiction over the parties.
If the NCP requests genetic
testing, contact one of the genetic testing labs contracted with
If the NCP requests a hearing and
parentage is an issue, you may attempt to resolve the issues informally with
the NCP and obtain a signed “Stipulation and Order” to indicate that the NCP is
waiving the hearing. If you cannot obtain a stipulation, dismiss the NAA and
either refer the case to the AGO for judicial action (you must be able to
successfully serve the NCP in the other state) or send an intergovernmental
referral to the NCP’s state.