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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-45-1 Short title.
This act may be cited as the Uniform Civil Liability for
Support Act.
1957
78-45-2 Definitions.
As used in this chapter:
(1) "Adjusted gross income" means income calculated under Subsection 78-45-7.6 (1).
(2) "Administrative agency" means the Office of Recovery Services or the Department of Human Services.
(3) "Administrative order" means an order that has been issued by the Office of Recovery Services, the Department of Human Services, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office.
(4) "Base child support award" means the award that may be ordered and is calculated using the guidelines before additions for medical expenses and work-related child care costs.
(5) "Base combined child support obligation table," "child support table," "base child support obligation table," "low income table," or "table" means the appropriate table in Section 78-45-7.14 .
(6) "Child" means:
(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
(b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means.
(7) "Child support" means a base child support award as defined in Section 78-45-2 , or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages which accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.
(8) "Child support order" or "support order" means a judgment, decree, or order of a tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise which:
(a) establishes or modifies child support;
(b) reduces child support arrearages to judgment; or
(c) establishes child support or registers a child support order under Title 78, Chapter 45f, Uniform Interstate Family Support Act.
(9) "Child support services" or "IV-D child support services" means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Section 651 et seq.
(10) "Court" means the district court or juvenile court.
(11) "Guidelines" means the child support guidelines in Sections 78-45-7.2 through 78-45-7.21 .
(12) "Income" means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay. "Income" includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policies of any type;
(d) unemployment compensation benefits;
(e) workers' compensation benefits; and
(f) disability benefits.
(13) "Joint physical custody" means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support.
(14) "Medical expenses" means health and dental expenses and related insurance costs.
(15) "Obligee" means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance.
(16) "Obligor" means any person owing a duty of support.
(17) "Office" means the Office of Recovery Services within the Department of Human Services.
(18) "Parent" includes a natural parent, or an adoptive parent.
(19) "Split custody" means that each parent has physical custody of at least one of the children.
(20) "State" includes any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
(21) "Third party" means an agency or a person other than the biological or adoptive parent or a child who provides care, maintenance, and support to a child.
(22) "Tribunal" means the district court, the Department of Human Services, Office of Recovery Services, or court or administrative agency of any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
(23) "Work-related child care costs" means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent under Section 78-45-7.17 .
(24) "Worksheets" means the forms used to aid in calculating
the base child support award.
2000
78-45-3 Duty of man.
(1) Every father shall support his child and every child shall be presumed to be in need of the support of his father. Every man shall support his wife when she is in need.
(2) Except as limited in a court order under Section 30-3-5 , 30-4-3 , or 78-45-7.15 :
(a) The expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents.
(b) Either or both parents may be sued by a creditor for
the expenses described in Subsection (2)(a) incurred on behalf
of minor children.
2000
78-45-4 Duty of woman.
(1) Every woman shall support her child and every child shall be presumed to be in need of the support of his mother. Every woman shall support her husband when he is in need.
(2) Except as limited in a court order under Section 30-3-5 , 30-4-3 , or 78-45-7.15 :
(a) The expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents.
(b) Either or both parents may be sued by a creditor for
the expenses described in Subsection (2)(a) incurred on behalf
of minor children.
2000
78-45-4.2 Natural or adoptive parent has primary obligation of support - Right of third party to recover support.
Nothing contained in this chapter shall act to relieve
the natural parent or adoptive parent of the primary obligation
of support. A third party has the same right to recover support
from the natural or adoptive parent as a custodial parent.
2000
78-45-4.3 Ward of state - Primary obligation to support.
A natural or an adoptive parent whose minor child has
become a ward of this or any other state is not relieved
of the primary obligation to support that child until he
reaches the age of majority, regardless of any agreements
or legal defenses that may exist between the parents or other
care providers. Any state that provides support for a child
shall have the right to reimbursement.
2000
78-45-4.4 Support follows the child.
(1) Obligations ordered for child support and medical expenses are for the use and benefit of the child and shall follow the child.
(2) Except in cases of joint physical custody and split custody as defined in Section 78-45-2 , when physical custody changes from that assumed in the original order, the parent without physical custody of a child shall be required to pay the amount of support determined in accordance with Sections 78-45-7.7 and 78-45-7.15 , without the need to modify the order for:
(a) the parent who has physical custody of the child;
(b) a relative to whom physical custody of the child has been voluntarily given; or
(c) the state when the child is residing outside of the
home in the protective custody, temporary custody, or custody
or care of the state or a state-licensed facility for at
least 30 days.
2000
78-45-4.5 Waiver and estoppel.
(1) Waiver and estoppel shall apply only to the custodial parent when there is no order already established by a tribunal if the custodial parent freely and voluntarily waives support specifically and in writing.
(2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child.
(3) A noncustodial parent, or alleged biological father
in a paternity action, may not rely on statements made by
the custodial parent of the child concerning child support
unless the statements are reduced to writing and signed by
both parties.
2000
78-45-5 Duty of obligor regardless of presence or residence of obligee.
An obligor present or resident in this state has the duty
of support as defined in this act regardless of the presence
or residence of the obligee.
1957
78-45-6 District court jurisdiction.
The district court shall have jurisdiction of all proceedings
brought under this act.
1957
78-45-7 Determination of amount of support - Rebuttable guidelines.
(1) (a) Prospective support shall be equal to the amount granted by prior court order unless there has been a substantial change of circumstance on the part of the obligor or obligee or adjustment under Subsection 78-45-7.2 (6) has been made.
(b) If the prior court order contains a stipulated provision for the automatic adjustment for prospective support, the prospective support shall be the amount as stated in the order, without a showing of a material change of circumstances, if the stipulated provision:
(i) is clear and unambiguous;
(ii) is self-executing;
(iii) provides for support which equals or exceeds the base child support award required by the guidelines; and
(iv) does not allow a decrease in support as a result of the obligor's voluntary reduction of income.
(2) If no prior court order exists, a substantial change in circumstances has occurred, or a petition to modify an order under Subsection 78-45-7.2 (6) has been filed, the court determining the amount of prospective support shall require each party to file a proposed award of child support using the guidelines before an order awarding child support or modifying an existing award may be granted.
(3) If the court finds sufficient evidence to rebut the guidelines, the court shall establish support after considering all relevant factors, including but not limited to:
(a) the standard of living and situation of the parties;
(b) the relative wealth and income of the parties;
(c) the ability of the obligor to earn;
(d) the ability of the obligee to earn;
(e) the ability of an incapacitated adult child to earn, or other benefits received by the adult child or on the adult child's behalf including Supplemental Security Income;
(f) the needs of the obligee, the obligor, and the child;
(g) the ages of the parties; and
(h) the responsibilities of the obligor and the obligee for the support of others.
(4) When no prior court order exists, the court shall
determine and assess all arrearages based upon the Uniform
Child Support Guidelines described in this chapter.
1998
78-45-7.1 Medical expenses of dependent children - Assigning responsibility for payment - Insurance coverage - Income withholding.
The court shall include the following in its order:
(1) a provision assigning responsibility for the payment of reasonable and necessary medical expenses for the dependent children;
(2) a provision requiring the purchase and maintenance of appropriate insurance for the medical expenses of dependent children, if coverage is or becomes available at a reasonable cost; and
(3) provisions for income withholding, in accordance with
Title 62A, Chapter 11, Parts 4 and 5.
1998
78-45-7.2 Application of guidelines - Rebuttal.
(1) The guidelines apply to any judicial or administrative order establishing or modifying an award of child support entered on or after July 1, 1989.
(2) (a) The child support guidelines shall be applied as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support.
(b) The rebuttable presumption means the provisions and considerations required by the guidelines, the award amounts resulting from the application of the guidelines, and the use of worksheets consistent with these guidelines are presumed to be correct, unless rebutted under the provisions of this section.
(3) A written finding or specific finding on the record supporting the conclusion that complying with a provision of the guidelines or ordering an award amount resulting from use of the guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case. If an order rebuts the presumption through findings, it is considered a deviated order.
(4) The following shall be considered deviations from the guidelines, if:
(a) the order includes a written finding that it is a nonguidelines order;
(b) the guidelines worksheet has the box checked for a deviation and has an explanation as to the reason; or
(c) the deviation was made because there were more children than provided for in the guidelines table.
(5) If the amount in the order and the amount on the guidelines worksheet differ, but the difference is less than $10, the order shall not be considered deviated and the incomes listed on the worksheet may be used in adjusting support for emancipation.
(6) (a) Natural or adoptive children of either parent who live in the home of that parent and are not children in common to both parties may at the option of either party be taken into account under the guidelines in setting or modifying a child support award, as provided in Subsection (7). Credit may not be given if:
(i) by giving credit to the obligor, children for whom a prior support order exists would have their child support reduced; or
(ii) by giving credit to the obligee for a present family, the obligation of the obligor would increase.
(b) Additional worksheets shall be prepared that compute the obligations of the respective parents for the additional children. The obligations shall then be subtracted from the appropriate parent's income before determining the award in the instant case.
(7) In a proceeding to modify an existing award, consideration of natural or adoptive children born after entry of the order and who are not in common to both parties may be applied to mitigate an increase in the award but may not be applied:
(a) for the benefit of the obligee if the credit would increase the support obligation of the obligor from the most recent order; or
(b) for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent order.
(8) (a) If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may petition the court to adjust the amount of a child support order.
(b) Upon receiving a petition under Subsection (8)(a), the court shall, taking into account the best interests of the child, determine whether there is a difference between the amount ordered and the amount that would be required under the guidelines. If there is a difference of 10% or more and the difference is not of a temporary nature, the court shall adjust the amount to that which is provided for in the guidelines.
(c) A showing of a substantial change in circumstances is not necessary for an adjustment under Subsection (8)(b).
(9) (a) A parent, legal guardian, or the office may at any time petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances.
(b) For purposes of Subsection (9)(a), a substantial change in circumstances may include:
(i) material changes in custody;
(ii) material changes in the relative wealth or assets of the parties;
(iii) material changes of 30% or more in the income of a parent;
(iv) material changes in the ability of a parent to earn;
(v) material changes in the medical needs of the child; and
(vi) material changes in the legal responsibilities of either parent for the support of others.
(c) Upon receiving a petition under Subsection (9)(a), the court shall, taking into account the best interests of the child, determine whether a substantial change has occurred. If it has, the court shall then determine whether the change results in a difference of 15% or more between the amount of child support ordered and the amount that would be required under the guidelines. If there is such a difference and the difference is not of a temporary nature, the court shall adjust the amount of child support ordered to that which is provided for in the guidelines.
(10) Notice of the opportunity to adjust a support order
under Subsections (8) and (9) shall be included in each child
support order issued or modified after July 1, 1997.
2003
78-45-7.3 Procedure - Documentation - Stipulation.
(1) In any matter in which child support is ordered, the moving party shall submit:
(a) a completed child support worksheet;
(b) the financial verification required by Subsection 78-45-7.5 (5);
(c) a written statement indicating whether or not the amount of child support requested is consistent with the guidelines; and
(d) the information required under Subsection (3).
(2) (a) If the documentation of income required under Subsection (1) is not available, a verified representation of the other party's income by the moving party, based on the best evidence available, may be submitted.
(b) The evidence shall be in affidavit form and may only be offered after a copy has been provided to the other party in accordance with Utah Rules of Civil Procedure or Title 63, Chapter 46b, Administrative Procedures Act, in an administrative proceeding.
(3) Upon the entry of an order in a proceeding to establish paternity or to establish, modify, or enforce a support order, each party shall file identifying information and shall update that information as changes occur with the court that conducted the proceeding.
(a) The required identifying information shall include the person's social security number, driver's license number, residential and mailing addresses, telephone numbers, the name, address and telephone number of employers, and any other data required by the United States Secretary of Health and Human Services.
(b) Attorneys representing the office in child support services cases are not required to file the identifying information required by Subsection (3)(a).
(4) A stipulated amount for child support or combined
child support and alimony is adequate under the guidelines
if the stipulated child support amount or combined amount
equals or exceeds the base child support award required by
the guidelines.
2000
78-45-7.4 Obligation - Adjusted gross income used.
Adjusted gross income shall be used in calculating each
parent's share of the base combined child support obligation.
Only income of the natural or adoptive parents of the child
may be used to determine the award under these guidelines.
1994
78-45-7.5 Determination of gross income - Imputed income.
(1) As used in the guidelines, "gross income" includes prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from "nonmeans-tested" government programs.
(2) Income from earned income sources is limited to the equivalent of one full-time 40-hour job. If and only if during the time prior to the original support order, the parent normally and consistently worked more than 40 hours at his job, the court may consider this extra time as a pattern in calculating the parent's ability to provide child support.
(3) Notwithstanding Subsection (1), specifically excluded from gross income are:
(a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program;
(b) benefits received under a housing subsidy program, the Job Training Partnership Act, Supplemental Security Income, Social Security Disability Insurance, Medicaid, Food Stamps, or General Assistance; and
(c) other similar means-tested welfare benefits received by a parent.
(4) (a) Gross income from self-employment or operation of a business shall be calculated by subtracting necessary expenses required for self-employment or business operation from gross receipts. The income and expenses from self-employment or operation of a business shall be reviewed to determine an appropriate level of gross income available to the parent to satisfy a child support award. Only those expenses necessary to allow the business to operate at a reasonable level may be deducted from gross receipts.
(b) Gross income determined under this Subsection (4) may differ from the amount of business income determined for tax purposes.
(5) (a) When possible, gross income should first be computed on an annual basis and then recalculated to determine the average gross monthly income.
(b) Each parent shall provide verification of current income. Each parent shall provide year-to-date pay stubs or employer statements and complete copies of tax returns from at least the most recent year unless the court finds the verification is not reasonably available. Verification of income from records maintained by the Department of Workforce Services may be substituted for pay stubs, employer statements, and income tax returns.
(c) Historical and current earnings shall be used to determine whether an underemployment or overemployment situation exists.
(6) Gross income includes income imputed to the parent under Subsection (7).
(7) (a) Income may not be imputed to a parent unless the parent stipulates to the amount imputed, the party defaults, or, in contested cases, a hearing is held and a finding made that the parent is voluntarily unemployed or underemployed.
(b) If income is imputed to a parent, the income shall be based upon employment potential and probable earnings as derived from work history, occupation qualifications, and prevailing earnings for persons of similar backgrounds in the community, or the median earning for persons in the same occupation in the same geographical area as found in the statistics maintained by the Bureau of Labor Statistics.
(c) If a parent has no recent work history or their occupation is unknown, income shall be imputed at least at the federal minimum wage for a 40-hour work week. To impute a greater income, the judge in a judicial proceeding or the presiding officer in an administrative proceeding shall enter specific findings of fact as to the evidentiary basis for the imputation.
(d) Income may not be imputed if any of the following conditions exist:
(i) the reasonable costs of child care for the parents' minor children approach or equal the amount of income the custodial parent can earn;
(ii) a parent is physically or mentally disabled to the extent he cannot earn minimum wage;
(iii) a parent is engaged in career or occupational training to establish basic job skills; or
(iv) unusual emotional or physical needs of a child require the custodial parent's presence in the home.
(8) (a) Gross income may not include the earnings of a minor child who is the subject of a child support award nor benefits to a minor child in the child's own right such as Supplemental Security Income.
(b) Social Security benefits received by a child due to
the earnings of a parent shall be credited as child support
to the parent upon whose earning record it is based, by crediting
the amount against the potential obligation of that parent.
Other unearned income of a child may be considered as income
to a parent depending upon the circumstances of each case.
2006
78-45-7.6 Adjusted gross income.
(1) As used in the guidelines, "adjusted gross income" is the amount calculated by subtracting from gross income alimony previously ordered and paid and child support previously ordered.
(2) The guidelines do not reduce the total child support
award by adjusting the gross incomes of the parents for alimony
ordered in the pending proceeding. In establishing alimony,
the court shall consider that in determining the child support,
the guidelines do not provide a deduction from gross income
for alimony.
1989
78-45-7.7 Calculation of obligations.
(1) Each parent's child support obligation shall be established in proportion to their adjusted gross incomes, unless the low income table is applicable. Except during periods of court-ordered parent-time as set forth in Section 78-45-7.11 , the parents are obligated to pay their proportionate shares of the base combined child support obligation. If physical custody of the child changes from that assumed in the original order, modification of the order is not necessary, even if only one parent is specifically ordered to pay in the order.
(2) Except in cases of joint physical custody and split custody as defined in Section 78-45-2 and in cases where the obligor's adjusted gross income is $1,050 or less monthly, the base child support award shall be determined as follows:
(a) combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table; and
(b) calculate each parent's proportionate share of the base combined child support obligation by multiplying the combined child support obligation by each parent's percentage of combined adjusted gross income.
(3) In the case of an incapacitated adult child, any amount that the incapacitated adult child can contribute to his or her support may be considered in the determination of child support and may be used to justify a reduction in the amount of support ordered, except that in the case of orders involving multiple children, the reduction shall not be greater than the effect of reducing the total number of children by one in the child support table calculation.
(4) In cases where the monthly adjusted gross income of the obligor is between $650 and $1,050, the base child support award shall be the lesser of the amount calculated in accordance with Subsection (2) and the amount calculated using the low income table. If the income and number of children is found in an area of the low income table in which no amount is shown, the base combined child support obligation table is to be used.
(5) The base combined child support obligation table provides combined child support obligations for up to six children. For more than six children, additional amounts may be added to the base child support obligation shown. Unless rebutted by Subsection 78-45-7.2 (3), the amount ordered shall not be less than the amount which would be ordered for up to six children.
(6) If the monthly adjusted gross income of the obligor is $649 or less, the tribunal shall determine the amount of the child support obligation on a case-by-case basis, but the base child support award shall not be less than $20.
(7) The amount shown on the table is the support amount
for the total number of children, not an amount per child.
2001
78-45-7.8 Split custody - Obligation calculations.
In cases of split custody, the base child support award shall be determined as follows:
(1) Combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table. Allocate a portion of the calculated amount between the parents in proportion to the number of children for whom each parent has physical custody. The amounts so calculated are a tentative base child support obligation due each parent from the other parent for support of the child or children for whom each parent has physical custody.
(2) Multiply the tentative base child support obligation due each parent by the percentage that the other parent's adjusted gross income bears to the total combined adjusted gross income of both parents.
(3) Subtract the lesser amount in Subsection (2) from
the larger amount to determine the base child support award
to be paid by the parent with the greater financial obligation.
1994
78-45-7.9 Joint physical custody - Obligation calculations.
In cases of joint physical custody, the base child support award shall be determined as follows:
(1) Combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table.
(2) Calculate each parent's proportionate share of the base combined child support obligation by multiplying the base combined child support obligation by each parent's percentage of combined adjusted gross income. The amounts so calculated are the base child support obligation due from each parent for support of the children.
(3) If the obligor's time with the children exceeds 110 overnights, the obligation shall be calculated further as follows:
(a) if the amount of time to be spent with the children is between 110 and 131 overnights, multiply the number of overnights over 110 by .0027, then multiply the result by the base combined child support obligation, and then subtract the result from the obligor's payment as determined by Subsection (2) to arrive at the obligor's payment; or
(b) if the amount of time to be spent with the children
is 131 overnights or more, multiply the number of overnights
over 130 by .0084, then multiply the result by the base combined
child support obligation, and then subtract the result from
the obligor's payment as determined in Subsection (3)(a)
to arrive at the obligor's payment.
2000
78-45-7.10 Adjustment when child becomes emancipated.
(1) When a child becomes 18 years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later, dies, marries, becomes a member of the armed forces of the United States, or is emancipated by court order pursuant to Title 78, Chapter 3a, Part 10, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order.
(2) The award may not be reduced by a per child amount derived from the base child support award originally ordered.
(3) If the incomes of the parties are not specified in
the most recent order or the worksheets, the information
regarding the incomes is not consistent, or the order deviates
from the guidelines, automatic adjustment of the order does
not apply and the order will continue until modified by the
issuing tribunal. If the order is deviated and the parties
subsequently obtain a judicial order that adjusts the support
back to the date of the emancipation of the child, the Office
of Recovery Services may not be required to repay any difference
in the support collected during the interim.
2006
78-45-7.11 Reduction for extended parent-time.
(1) The base child support award shall be:
(a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or
(b) 25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.
(2) If the dependent child is a client of cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program, any agreement by the parties for reduction of child support during extended parent-time shall be approved by the administrative agency.
(3) Normal parent-time and holiday visits to the custodial parent shall not be considered extended parent-time.
(4) For cases receiving IV-D child support services in accordance with Title 62A, Chapter 11, Parts 1, 3, and 4, to receive the adjustment the noncustodial parent shall provide written documentation of the extended parent-time schedule, including the beginning and ending dates, to the Office of Recovery Services in the form of either a court order or a voluntary written agreement between the parties.
(5) If the noncustodial parent complies with Subsection (4), owes no past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time and the following month, the Office of Recovery Services shall refund the difference from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due:
(a) from current support received in the month following the month of scheduled extended parent-time; or
(b) from current support received in the month following the month written documentation of the scheduled extended parent-time is provided to the office, whichever occurs later.
(6) If the noncustodial parent complies with Subsection (4), owes past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time, the Office of Recovery Services shall apply the difference, from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due, to the past-due support obligation in the case.
(7) For cases not receiving IV-D child support services in accordance with Title 62A, Chapter 11, Parts 1, 3, and 4, any potential adjustment of the support payment during the month of extended visitation or any refund that may be due to the noncustodial parent from the custodial parent, shall be resolved between the parents or through the court without involvement by the Office of Recovery Services.
(8) For purposes of this section the per child amount to which the abatement applies shall be calculated by dividing the base child support award by the number of children included in the award.
(9) The reduction in this section does not apply to parents
with joint physical custody obligations calculated in accordance
with Section
78-45-7.9
.
2003
78-45-7.12 Income in excess of tables.
If the combined adjusted gross income exceeds the highest
level specified in the table, an appropriate and just child
support amount shall be ordered on a case-by-case basis,
but the amount ordered may not be less than the highest level
specified in the table for the number of children due support.
1994
78-45-7.13 Advisory committee - Membership and functions.
(1) On or before March 1, 2007 and then on or before March 1 of every fourth year subsequently, the governor shall appoint an advisory committee consisting of:
(a) one representative recommended by the Office of Recovery Services;
(b) one representative recommended by the Judicial Council;
(c) two representatives recommended by the Utah State Bar Association;
(d) two representatives of noncustodial parents;
(e) two representatives of custodial parents;
(f) one representative with expertise in economics; and
(g) two representatives from diverse interests related to child support issues, as the governor may consider appropriate. However, none of the individuals appointed under this subsection may be members of the Utah State Bar Association.
(2) The term of the committee members expires one month after the report of the committee is submitted to the Legislature under Subsection (4).
(3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(4) (a) The advisory committee shall review the child support guidelines to ensure their application results in the determination of appropriate child support award amounts.
(b) The committee shall report to the Legislative Judiciary Interim Committee on or before October 1 in 2007 and then on or before October 1 of every fourth year subsequently.
(c) The committee's report shall include recommendations of the majority of the committee, as well as specific recommendations of individual members of the committee.
(5) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the committee at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(6) Staff for the committee shall be provided from the existing budgets of the Department of Human Services.
(7) The committee ceases to exist no later than November 1, 2003 and then on November 1 of every fourth year subsequently.
(8) Any committee appointed by the governor prior to October
1, 2003 ceases to exist on November 1, 2003.
2003
78-45-7.14 Base combined child support obligation table and low income table.
The following includes the Base Combined Child Support
Obligation Table and the Low Income Table:
BASE COMBINED CHILD SUPPORT OBLIGATION TABLE
(Both Parents)
Monthly Combined Adj. Gross IncomeNumber of Children
1 2 3 4 56 From To
650 - 675 99184191198200201 676 - 700103190198205207209 701
- 725106197205212214216 726 - 750110204212220221223 751 -
775113211219227229231 776 - 800117218226234236238 801 - 825121224243261263265
826 - 850124231253275277279 851 - 875128238263289291294 876
- 900132245274303305308 901 - 925135251284316319322 926 -
950139258294330333336 951 - 975143265305344347350 976 - 1,000146272315358361364
1,001 - 1,050154285335385389393 1,051 - 1,100161299356413417421
1,101 - 1,150168313377441444449 1,151 - 1,200176326387449454460
1,201 - 1,250183340403465475484 1,251 - 1,300190353418482496508
1,301 - 1,350198367433499516532 1,351 - 1,400205381448515537556
1,401 - 1,450212394463532558580 1,451 - 1,500220408478549579605
1,501 - 1,550227421493565600629 1,551 - 1,600234435509582620653
1,601 - 1,650242449524599641677 1,651 - 1,700249462539615662701
1,701 - 1,750256476554632683725 1,751 - 1,800264489569649704749
1,801 - 1,850271503584664723771 1,851 - 1,900278517597677736786
1,901 - 1,950286530610690750800 1,951 - 2,000293544622700752813
2,001 - 2,100308571643716779833 2,101 - 2,200319592666741807862
2,201 - 2,300328608687766835891 2,301 - 2,400336625708791862921
2,401 - 2,500345641725809882942 2,501 - 2,600354658746834909972
2,601 - 2,7003626747678599371,001 2,701 - 2,8003716917888859641,031
2,801 - 2,9003807078099109921,060 2,901 - 3,000388724830936
1,0201,090 3,001 - 3,100397740851962 1,0481,120 3,101 - 3,200406756872987
1,0761,149 3,201 - 3,300414773893 1,013 1,1031,179 3,301
- 3,400423789914 1,039 1,1311,208 3,401 - 3,500431804934
1,064 1,159 1,238 3,501 - 3,600438817953 1,090 1,1871,268
3,601 - 3,700444830973 1,116 1,2151,297 3,701 - 3,800451843992
1,141 1,2431,327 3,801 - 3,900458856 1,012 1,167 1,2701,356
3,901 - 4,000465870 1,031 1,192 1,2971,386 4,001 - 4,100472883
1,050 1,217 1,3251,415 4,101 - 4,200479896 1,069 1,242 1,3521,444
4,201 - 4,300486909 1,088 1,267 1,3791,474 4,301 - 4,400493923
1,107 1,292 1,4071,503 4,401 - 4,500499936 1,131 1,326 1,4431,541
4,501 - 4,600506949 1,150 1,350 1,4701,570 4,601 - 4,700513962
1,169 1,375 1,4981,600 4,701 - 4,800520975 1,188 1,400 1,5251,629
4,801 - 4,900527989 1,207 1,425 1,5521,658 4,901 - 5,000534
1,002 1,226 1,450 1,5801,687 5,001 - 5,100541 1,015 1,245
1,475 1,6071,717 5,101 - 5,200547 1,028 1,264 1,500 1,6341,746
5,201 - 5,300554 1,042 1,282 1,522 1,6581,772 5,301 - 5,400561
1,055 1,300 1,544 1,6821,797 5,401 - 5,500568 1,068 1,317
1,566 1,7061,823 5,501 - 5,600575 1,081 1,335 1,588 1,7301,848
5,601 - 5,700582 1,093 1,351 1,610 1,7541,874 5,701 - 5,800586
1,103 1,367 1,632 1,7781,899 5,801 - 5,900591 1,112 1,383
1,653 1,8021,925 5,901 - 6,000596 1,122 1,398 1,675 1,8261,950
6,001 - 6,100601 1,131 1,414 1,697 1,8501,976 6,101 - 6,200605
1,141 1,430 1,719 1,8742,001 6,201 - 6,300610 1,150 1,445
1,740 1,8972,026 6,301 - 6,400615 1,159 1,461 1,762 1,9212,052
6,401 - 6,500620 1,169 1,480 1,791 1,9512,084 6,501 - 6,600624
1,178 1,495 1,812 1,9752,109 6,601 - 6,700629 1,188 1,511
1,834 1,9982,134 6,701 - 6,800629 1,188 1,511 1,834 1,9982,134
6,801 - 6,900673 1,188 1,511 1,834 1,9982,134 6,901 - 7,000680
1,188 1,511 1,834 1,9982,134 7,001 - 7,100687 1,188 1,511
1,834 1,9982,134 7,101 - 7,200694 1,188 1,511 1,834 1,9982,134
7,201 - 7,300701 1,188 1,520 1,834 1,9982,134 7,301 - 7,400706
1,189 1,531 1,834 1,9982,134 7,401 - 7,500710 1,197 1,541
1,834 1,9982,134 7,501 - 7,600715 1,205 1,551 1,834 1,9982,134
7,601 - 7,700719 1,213 1,562 1,834 1,9982,134 7,701 - 7,800723
1,220 1,572 1,834 1,9982,134 7,801 - 7,900728 1,228 1,582
1,834 1,9982,137 7,901 - 8,000732 1,236 1,592 1,834 2,0002,150
8,001 - 8,100737 1,244 1,603 1,834 2,0132,164 8,101 - 8,200741
1,252 1,613 1,841 2,0262,178 8,201 - 8,300746 1,259 1,623
1,853 2,0392,192 8,301 - 8,400750 1,267 1,633 1,864 2,0522,206
8,401 - 8,500755 1,275 1,644 1,876 2,0642,220 8,501 - 8,600759
1,283 1,654 1,887 2,0772,234 8,601 - 8,700763 1,291 1,664
1,899 2,0902,247 8,701 - 8,800768 1,298 1,675 1,911 2,1032,261
8,801 - 8,900772 1,306 1,685 1,922 2,1162,275 8,901 - 9,000777
1,314 1,695 1,934 2,1292,289 9,001 - 9,100781 1,322 1,705
1,945 2,1412,303 9,101 - 9,200786 1,330 1,716 1,957 2,1542,317
9,201 - 9,300790 1,337 1,726 1,969 2,1672,330 9,301 - 9,400795
1,345 1,736 1,980 2,1802,344 9,401 - 9,500799 1,353 1,747
1,992 2,1932,358 9,501 - 9,600803 1,361 1,757 2,003 2,2062,372
9,601 - 9,700808 1,369 1,767 2,015 2,2182,386 9,701 - 9,800812
1,376 1,777 2,027 2,2312,400 9,801 - 9,900817 1,384 1,788
2,038 2,2442,414 9,901 - 10,000821 1,392 1,798 2,050 2,2572,427
10,001 - 10,100826 1,400 1,808 2,061 2,270 2,441
LOW INCOME TABLE (Obligor Parent Only)
Monthly Adj. Gross IncomeNumber of Children
1 2 3 4 56 From To
650 - 675 23 23 23 23 2424 676 - 700 45 46 46 47 4748 701
- 725 68 68 69 70 7171 726 - 750 90 91 92 93 9495 751 - 775113114115116118119
776 - 800137138140141143 801 - 825159161163165166 826 - 850182184186188190
851 - 875205207209212214 876 - 900228230233235238 901 - 925250253256259261
926 - 950276279282285 951 - 975299302306309 976 - 1,000326329333
1,001 - 1,050372376380
1994
78-45-7.15 Medical expenses.
(1) The court shall order that insurance for the medical expenses of the minor children be provided by a parent if it is available at a reasonable cost.
(2) In determining which parent shall be ordered to maintain insurance for medical expenses, the court or administrative agency may consider the:
(a) reasonableness of the cost;
(b) availability of a group insurance policy;
(c) coverage of the policy; and
(d) preference of the custodial parent.
(3) The order shall require each parent to share equally the out-of-pocket costs of the premium actually paid by a parent for the children's portion of insurance.
(4) The parent who provides the insurance coverage may receive credit against the base child support award or recover the other parent's share of the children's portion of the premium. In cases in which the parent does not have insurance but another member of the parent's household provides insurance coverage for the children, the parent may receive credit against the base child support award or recover the other parent's share of the children's portion of the premium.
(5) The children's portion of the premium is a per capita share of the premium actually paid. The premium expense for the children shall be calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the instant case.
(6) The order shall require each parent to share equally all reasonable and necessary uninsured medical expenses, including deductibles and copayments, incurred for the dependent children.
(7) The parent ordered to maintain insurance shall provide verification of coverage to the other parent, or to the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C. Section 601 et seq., upon initial enrollment of the dependent children, and thereafter on or before January 2 of each calendar year. The parent shall notify the other parent, or the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C. Section 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar days of the date he first knew or should have known of the change.
(8) A parent who incurs medical expenses shall provide written verification of the cost and payment of medical expenses to the other parent within 30 days of payment.
(9) In addition to any other sanctions provided by the
court, a parent incurring medical expenses may be denied
the right to receive credit for the expenses or to recover
the other parent's share of the expenses if that parent fails
to comply with Subsections (7) and (8).
2003
78-45-7.16 Child care expenses - Expenses not incurred.
(1) The child support order shall require that each parent share equally the reasonable work-related child care expenses of the parents.
(2) (a) If an actual expense for child care is incurred, a parent shall begin paying his share on a monthly basis immediately upon presentation of proof of the child care expense, but if the child care expense ceases to be incurred, that parent may suspend making monthly payment of that expense while it is not being incurred, without obtaining a modification of the child support order.
(b) (i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.
(ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days of the date of the change.
(3) In addition to any other sanctions provided by the
court, a parent incurring child care expenses may be denied
the right to receive credit for the expenses or to recover
the other parent's share of the expenses if the parent incurring
the expenses fails to comply with Subsection (2)(b).
1994
78-45-7.17 Child care costs.
(1) The need to include child care costs in the child support order is presumed, if the custodial parent or the noncustodial parent, during extended parent-time, is working and actually incurring the child care costs.
(2) The need to include child care costs is not presumed,
but may be awarded on a case-by-case basis, if the costs
are related to the career or occupational training of the
custodial parent, or if otherwise ordered by the court in
the interest of justice.
2001
78-45-7.18 Limitation on amount of support ordered.
(1) There is no maximum limit on the base child support award that may be ordered using the base combined child support obligation table, using the low income table, or awarding medical expenses except under Subsection (2).
(2) If amounts under either table as provided in Section
78-45-7.14
in combination with the award of medical expenses
exceeds 50% of the obligor's adjusted gross income, or by
adding the child care costs, total child support would exceed
50% of the obligor's adjusted gross income, the presumption
under Section
78-45-7.17
is rebutted.
1994
78-45-7.19 Determination of parental liability.
(1) The district court or administrative agency may issue an order determining the amount of a parent's liability for medical expenses of a dependent child when the parent:
(a) is required by a prior court or administrative order to:
(i) share those expenses with the other parent of the dependent child; or
(ii) obtain insurance for medical expenses but fails to do so; or
(b) receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.
(2) If the prior court or administrative order does not specify what proportions of the expenses are to be shared, the district court may determine the amount of liability as may be reasonable and necessary.
(3) This section applies to an order without regard to
when it was issued.
1994
78-45-7.20 Accountability of support provided to benefit child - Accounting.
(1) The court or administrative agency which issues the initial or modified order for child support may, upon the petition of the obligor, order prospectively the obligee to furnish an accounting of amounts provided for the child's benefit to the obligor, including an accounting or receipts.
(2) The court or administrative agency may prescribe the frequency and the form of the accounting which shall include receipts and an accounting.
(3) The obligor may petition for the accounting only if
current on all child support that has been ordered.
1994
78-45-7.21 Award of tax exemption for dependent children.
(1) No presumption exists as to which parent should be awarded the right to claim a child or children as exemptions for federal and state income tax purposes. Unless the parties otherwise stipulate in writing, the court or administrative agency shall award in any final order the exemption on a case-by-case basis.
(2) In awarding the exemption, the court or administrative agency shall consider:
(a) as the primary factor, the relative contribution of each parent to the cost of raising the child; and
(b) among other factors, the relative tax benefit to each parent.
(3) Notwithstanding Subsection (2), the court or administrative agency may not award any exemption to the noncustodial parent if that parent is not current in his child support obligation, in which case the court or administrative agency may award an exemption to the custodial parent.
(4) An exemption may not be awarded to a parent unless
the award will result in a tax benefit to that parent.
1994
78-45-7.22 Social security number in court records.
The social security number of any individual who is subject
to a support order shall be placed in the records relating
to the matter.
1997
78-45-8 Continuing jurisdiction.
The court shall retain jurisdiction to modify or vacate
the order of support where justice requires.
1957
78-45-9 Enforcement of right of support.
(1) (a) The obligee may enforce his right of support against the obligor. The office may proceed pursuant to this chapter or any other applicable statute on behalf of:
(i) the Department of Human Services;
(ii) any other department or agency of this state that provides public assistance, as defined by Subsection 62A-11-303 (3), to enforce the right to recover public assistance; or
(iii) the obligee, to enforce the obligee's right of support against the obligor.
(b) Whenever any court action is commenced by the office to enforce payment of the obligor's support obligation, the attorney general or the county attorney of the county of residence of the obligee shall represent the office.
(2) (a) A person may not commence an action, file a pleading, or submit a written stipulation to the court, without complying with Subsection (2)(b), if the purpose or effect of the action, pleading, or stipulation is to:
(i) establish paternity;
(ii) establish or modify a support obligation;
(iii) change the court-ordered manner of payment of support;
(iv) recover support due or owing; or
(v) appeal issues regarding child support laws.
(b) (i) When taking an action described in Subsection (2)(a), a person must file an affidavit with the court at the time the action is commenced, the pleading is filed, or the stipulation is submitted stating whether child support services have been or are being provided under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child who is a subject of the action, pleading, or stipulation.
(ii) If child support services have been or are being provided, under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and a copy of the pleading or stipulation to the Office of the Attorney General, Child Support Division.
(iii) If notice is not given in accordance with this Subsection (2), the office is not bound by any decision, judgment, agreement, or compromise rendered in the action. For purposes of appeals, service must be made on the Office of the Director for the Office of Recovery Services.
(c) If IV-D services have been or are being provided, that person shall join the office as a party to the action, or mail or deliver a written request to the Office of the Attorney General, Child Support Division asking the office to join as a party to the action. A copy of that request, along with proof of service, shall be filed with the court. The office shall be represented as provided in Subsection (1)(b).
(3) Neither the attorney general nor the county attorney
represents or has an attorney-client relationship with the
obligee or the obligor in carrying out the duties under this
chapter.
2003
78-45-9.2 County attorney to assist obligee.
The county attorney's office shall provide assistance to an obligee desiring to proceed under this act in the following manner:
(1) provide forms, approved by the Judicial Council of Utah, for an order of wage assignment if the obligee is not represented by legal counsel;
(2) the county attorney's office may charge a fee not to exceed $25 for providing assistance to an obligee under Subsection (1).
(3) inform the obligee of the right to file impecuniously if the obligee is unable to bear the expenses of the action and assist the obligee with such filing;
(4) advise the obligee of the available methods for service of process; and
(5) assist the obligee in expeditiously scheduling a hearing
before the court.
1983
78-45-9.3 Payment under child support order - Judgment.
(1) All monthly payments of child support shall be due on the 1st day of each month for purposes of child support services pursuant to Title 62A, Chapter 11, Part 3, income withholding services pursuant to Part 4, and income withholding procedures pursuant to Part 5.
(2) For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the 1st day of the following month. For purposes other than those specified in Subsection (1) support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.
(3) Each payment or installment of child or spousal support under any child support order, as defined by Section 78-45-2 , 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
(c) not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (4).
(4) A child or spousal support payment under a child support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the obligee is the petitioner. If the tribunal orders that the support should be modified, the effective date of the modification shall be the month following service on the parent whose support is affected. Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered.
(5) For purposes of this section, "jurisdiction" means a state or political subdivision, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
(6) The judgment provided for in Subsection (3)(a), to
be effective and enforceable as a lien against the real property
interest of any third party relying on the public record,
shall be docketed in the district court in accordance with
Sections
78-22-1
and
62A-11-312.5
.
2003
78-45-10 Appeals.
Appeals may be taken from orders and judgments under this
act as in other civil actions.
1957
78-45-11 Husband and wife privileged communication inapplicable - Competency of spouses.
Laws attaching a privilege against the disclosure of communications
between husband and wife are inapplicable under this act.
Spouses are competent witnesses to testify to any relevant
matter, including marriage and parentage.
1957
78-45-12 Rights are in addition to those presently existing.
The rights herein created are in addition to and not in
substitution to any other rights.
1957
78-45-13 Interpretation and construction.
This act shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states
which enact it.
1957
