ESTABLISH ORDER

CS 352P Administrative Process

04/87 Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 10/01/25

Utah Code 26B-9-201 through 229, 63G-4-101, et seq, 81-6-209, 81-13-207

 

 

Introduction

 

Utah Code 26B-9-206 provides specific authority to the Office of Recovery Services (ORS) to use the administrative process to establish parentage and child support orders. The administrative process is a legal process under Utah’s Administrative Procedures Act (UAPA), found at Utah Code 63G-4-101, et seq. Use of the administrative process to establish orders avoids the greater cost and time associated with the judicial process. In general, administrative orders have the same effect and are as valid as judicial child support orders.

 

 

When to Use the Administrative Process to Establish a Support Order

 

You may use the administrative process for the reasons listed below.

 

1.                   To obtain a support order and sum certain judgment, if applicable, against obligors who reside in-state, or,

 

2.                   To obtain a support order and sum certain judgment for past-due support against obligors who reside out-of-state if one or more of the following conditions apply:

a.                   The out-of-state obligor once resided in Utah in a marital relationship with the obligee;

b.                   A Utah support order exists;

c.                   The obligor is personally served with a notice within Utah;

d.                   The individual submits to the personal jurisdiction of this state by signing a stipulation waiving any contest to jurisdiction;

e.                   The obligor resided with the child in Utah;

f.                    The obligor resided in Utah and provided prenatal expenses or support for the child;

g.                   The child resides in this state due to acts or at the direction of the obligor;

h.                   The obligor asserted parentage and filed the claim with the putative father registry maintained by the state registrar of vital records in the Department of Health and Human Services pursuant to Utah Code Title 81-13-207; or,

i.                     There is any other basis consistent with the constitutions of the state of Utah and the United States for the exercise of personal jurisdiction.

 

Refer to CS 220P Long-Arm policy for additional information.

 

3.                   To establish parentage, a child support order and a sum-certain judgment when parentage has not been previously established.

 

4.                   To obtain a support order and sum-certain judgment against a mother and declarant father who have signed a valid declaration of paternity. For more information, refer to CS 305P Parentage: Adjudicated, Presumed and Declarant Fathers and CS 315P Voluntary Declaration of Paternity by Parents.

 

5.                   To amend an administrative order. See CS 384P Amending Administrative Orders and CS 329P-3 Parentage Disestablishment, Amending Administrative Orders Based on Genetic Test Results.

 

6.                   To set aside an administrative order. See CS 383P Set Aside Default Orders and CS 384P.

 

 

Additional Items Included in a Child Support Order

 

The items listed below are also included in administrative orders, if applicable.

 

1.                   Medical support provisions that order:

a.                   Either parent to obtain employment related insurance for medical and dental if it is available, or becomes available;

b.                   Both parents to share equally the out-of-pocket costs of the child(ren)’s portion of the insurance premium that is paid by the parent who maintains the insurance; and,

c.                   The parent who maintains the insurance to provide verification to ORS when the child(ren) is enrolled, and to provide verification of any change in insurance carrier, premium or benefits within 30 days.

 

Refer to CS 482P Securing a Medical Insurance Provision in the Support Order.

 

2.                   A provision for immediate income withholding, or a provision for not implementing immediate income withholding due to good cause or a written agreement. Refer to CS 723P Good Cause Finding or Written Agreement.

 

3.                   A provision that each parent shall share equally the reasonable work-related child care expenses, pursuant to Utah Code 81-6-209.

 

4.                   A sum certain judgment for genetic test costs on parentage establishment cases, if appropriate.

 

NOTE: If there is a judicial order that does not contain child support you must consult with the assigned Assistant Attorney General for approval if you want to proceed administratively. (See CS 354P Referral to AGO for Order Establishment.)