ENFORCEMENT
OF SUPPORT OBLIGATION
CS 810P Enforcement of a Mediation Agreement
05/12/11 Revised 09/02/25
Training Completed 09/15/25 Last Reviewed 10/01/25
Statutory
Authority
A mediated agreement occurs when a neutral third party, generally a
mediator, assists in trying to help the parties reach an agreeable resolution. A
“mediated agreement” is the result of mediation and may ONLY be
enforced pursuant to Utah
Code 78B-6-207.
“(1) A judge or court commissioner may
refer to mediation any case for which the Judicial Council and Supreme Court
have established a program or procedures. A party may file with the court an
objection to the referral which may be granted for good cause.
(2) (a) Unless all parties and the
neutral or neutrals agree only parties, their representatives, and the neutral
may attend the mediation sessions.
(b) If the mediation session is in
accordance with a referral under Section 80-3-206 or 80-4-206, the ADR provider
or ADR organization shall notify all parties to the proceeding and any person
designated by a party. The ADR provider may notify any person whose rights may
be affected by the mediated agreement or who may be able to contribute to the
agreement. A party may request notice be provided to a person who is not a
party. (3) (a) Except as provided in Subsection (3)(b), any settlement
agreement between the parties as a result of mediation
may be executed in writing, filed with the clerk of the court, and enforceable
as a judgment of the court. If the parties stipulate to dismiss the action, any
agreement to dismiss shall not be filed with the court.
(b) With regard to mediation
affecting any petition filed under Section 80-3-201 or 80-4-201:
(i) all
settlement agreements and stipulations of the parties shall be filed with the
court;
(ii) all
timelines, requirements, and procedures described in Title 80, Chapter 2, Child
Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a
Child, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and
Title 80, Chapter 4, Termination and Restoration of Parental Rights, shall be
complied with; and
(iii)
the parties to the mediation may not agree to a result that could not have been
ordered by the court in accordance with the procedures and requirements of
Title 80, Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and
Protective Custody of a Child, Title 80, Chapter 3, Abuse, Neglect, and
Dependency Proceedings, and Title 80, Chapter 4, Termination and Restoration of
Parental Rights.”
Definitions
1.
Mediation Agreement – An agreeable resolution
between two parties, the noncustodial parent (NCP) and custodial parent (CP)
and a neutral third party, generally a mediator. A “mediated agreement” is the
result of mediation.
2.
Stipulation – An agreement between two
parties, the NCP and CP. Stipulations do not involve a neutral third party and
are not enforceable without an order. A stipulation does NOT constitute a
mediation agreement.
Mediation Agreement Criteria
If the
parties, NCP and CP, have an agreement that was signed during a formal mediation to determine child support, it can be
enforced by the Office of Recovery Services (ORS) as long as
it meets the criteria established in Utah Code 78B-6-207:
“(3) (a) Except as provided in Subsection (3)(b), any settlement
agreement between the parties as a result of mediation
may be executed in writing, filed with the clerk of the court, and
enforceable as a judgment of the court. . . .”
A mediated
agreement must:
1.
Be written
(legible) for purpose of ORS enforcement;
2.
Signed by
both parties, the NCP and CP;
3.
Have proof
of filing with the court; e.g., a stamped civil number on the agreement or a
separate piece of paper with a civil number showing that the agreement has been
filed with the court.
ORS cannot
honor a mediation agreement until the NCP and/or CP provides the office with a
legible copy of the signed agreement and proof that the agreement has been
filed with the court. Once the appropriate documentation has been received,
enforce the mediation agreement, make any necessary changes to ORSIS, and
document all actions taken on the case narratives. For procedures and more
information on adding or updating an order on ORSIS, refer to the appropriate
policy section located in the Payment Processing section of policy.
Attorney
Whenever the
parties (NCP and/or CP) have a mediation agreement, coordinate with the
Attorney Generals Office (AGO) to determine:
1.
If the
agreement is valid and meets the criteria set forth by statute;
2.
If a medical
support order is needed;
3.
Emancipation
issues, as appropriate; and,
4.
Any other
legal issues associated with enforcing the mediation agreement.
Dismissal of
the Court Action
Pursuant to
Utah Code 78B-6-207 (3)(a), “. . . If the parties stipulate to dismiss the
action, any agreement to dismiss shall not be filed with the court.” If the
court action is dismissed, the mediation agreement is no longer enforceable.
The NCP and/or CP is responsible to
provide the office with documentation of the dismissal. Once
documentation of the dismissal has been received, make any necessary changes to
ORSIS and document all actions taken on the case narrative. For procedures and
more information on adding or updating an order in ORSIS, refer to the
appropriate policy section located in the Payment Processing section of policy.