If child support arrears are documented and filed with the state or a judgment has been placed on arrears, can an insurance claim to the person who is behind have a lien put on it to deduct the arrears amount owed in child support?If child support arrears are documented and filed with the state or a judgment has been placed on arrears, can an insurance claim to the person who is behind have a lien put on it to deduct the arrears amount owed in child support?
In Utah (where I practice), yes.
62A-11-312.5. Liens by operation of law and writs of garnishment:
(1) Each payment or installment of child support is, on and after the date it is due, a judgment with the same attributes and effect of any judgment of a district court in accordance with Section 78B-12-112 and for purposes of Section 78B-5-202.
78B-12-112. Payment under child support order — Judgment:
(3) Each payment or installment of child or spousal support under any support order, as defined by Section 78B-12-102, is, on and after the date it is due:
(a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (4);
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction[.]
And under the procedures and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, you can apply for a writ of garnishment against the obligor’s personal property in the possession of a third party.
Utah Family Law, LC | divorceutah.com | 801-466-9277