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Specific to Child Support payments: http://le.utah.gov/~code/TITLE78B/78B0C.htm
This one is all about the money!
The title of the act: "Utah Child Support Act" (previously "Uniform Civil Liability for Support Act").
If you are confused about terms being used while reading through these sections, refer back to this one for the meaning.
This section gives jurisdiction to the court over the child support order.
The court maintains jurisdiction (to modify or terminate) for all future cases regarding child support.
Every father and mother is required to support their children.
Except when there is a court order (as defined under Section 30-3-5, 30-4-3, or 78B-12-212). One example, divorce.
Reasonable and necessary medical, dental, and other necessities are the responsibility of BOTH parents, even after divorce.
Both parents may be sued by a creditor for expenses incurred for the children as listed above.
Natural or adoptive parents must provide for the support of their minor children.
Nothing in this act can be used to remove the responsibility of supporting the minor children.
A third party is entitled to recover support costs from the natural or adoptive parent(s) while in the role of the custodial parent.
A noncustodial parent who lives in Utah is responsible for child support no matter where the custodial parent lives.
Child support and medical expenses are for the child and follows the child if they were to change care providers.
Except for joint physical custody or split custody as defined in the definitions above.
If physical custody changes from the original order, the noncustodial parent must pay child support.
No modification to the order is needed for: the parent who has physical custody of the child, a relative who is given custody (voluntarily), or to the state when in protective custody, temporary custody, or (licensed) care of the state for more than 30 days.
estoppel (noun): prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position.
Applies only to the custodial parent if that parent voluntarily waives support in writing.
Cannot be used against a third party that may provide support for the child.
A noncustodial parent or alleged biological father should require all statements made by the custodial parent concerning support to be in writing and signed by both parties, or they are still held responsible if statements are lies.
Appeals under this act are to taken the same as in civil cases.
The order should include who is responsible (and how much) for reasonable medical expenses and health insurance.
Income can be withheld from paychecks in accordance with Title 62A, Chapter 11, Parts 4 and 5.
Child support payments are due on the 1st day of each month in accordance with Title 62A, Chapter 11, Part 3.
Income withholding in accordance with Title 62A, Chapter 11, Part 4.
Child support is NOT past due until the 1st of the next month. Support may be paid in half payments by the 5th and 20th of each month unless the
support order specifies differently.
Child support may be calculated for any time period on pending orders (not yet signed by the judge), but only from the date it was filed with the court
and becomes effective on the month following being filed with the court and the documents served to the other party. This basically means it becomes
retroactive from the date orignally filed, even if the case lasts for several years.
A judgement can be placed against a noncustodial parent for child support amounts past due.
A judgement can be enforable as a lien against any real property in accordance with Sections 78-22-1 and 62A-11-312.5 [Warning: Any lien against a home can force a foreclosure against the property]
The custodial parent has the right to enforce support against the noncustodial parent in accordance with 62A-11-303(3). [Sounds like the right to sue in a civil suit]
ORS also has the same right and can do so on behalf of any state agency as well as for the custodial parent.
A person cannot file a pleading or submit a stipulation to the court to establish paternity, modify a support order, recover support owed,
or appeal issues unless they comply with rules outlined in this section.
This section explains what is needed to file for action with the court.
This section allows a custodial parent assistance from a county attorney for help with forms for a fee not to exceed $25 if the custodial
parent is not represented by an attorney (acting as "Pro Se" - pronounced: pro say).
They can also assist the custodial parent to "file impecuniously" if they have little or no money.
Legal advice and assistance can be obtained in scheduling a hearing.
A fee not to exceed $25 may be charged to the custodial parent for the help listed above.
Laws regarding a privilege against disclosure of communications have to do with people standing in a given relation,
such as husband and wife testifying against each other.
This section states that the laws regarding a privilege against disclosure of communications does not apply between husband and wife.
Spouses are able to testify against the other to any issue relating to divorce such as in marriage and parenting.
This section gives the court the right to use social security numbers for all parties involved.
The rights in this act do not replace, but only add to any other rights. [Use the contact page to inform us of any laws that allow a parent the right to raise their own children. These laws may be effective here.]
This section explains what documents the court wants to see when a party seeks to modify the child support.
Any established court order will remain in affect until there is a sufficient change in circumstance.
If the previously established court order has an automatic adjustment, it will change as in the order without having to prove a change in circumstance but only if:
1 - The wording is very clear
2 - Self executing, IE: On a specific date or certain circumstances.
3 - Must be equal to or exceed the base child support tables.
4 - Will not decrease due to voluntary reduction of the noncustodial parent's income.
If no previous order exists, there is a substantial change in circumstances or a petition to modify has been filed, each party must file what they feel child support
should be based on the child support tables.
The court then can decide the child support amount based on:
1 - Their ability to earn.
2 - Wealth.
3 - Standard of living.
4 - The ability of an incapacitated adult child for receive income.
5 - The needs of the custodial, noncustodial, or children involved.
6 - Age of the parties.
7 - Responsibility of the cutodial or noncustodial for support of others.
The court may determine how much back child support is required to pay if no prior court order exists.
Any income from practically any source can be used to calculate child support. Which includes but not limited to: 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 is limited to ONE 40 hour full time job, but may include overtime if the parent consistantly worked more than 40 hours.
Income from welfare programs/assistance is not to be used in calculating child support.
Self-employment calculates their income by subtracting necessary expenses from gross receipts. The court has the power to review business expenses and then determine if the expenses are necessary.
Each parent must submit proof of income.
Historical and current earnings can be used to determine if an underemployment or overemployment situation exists.
Income values may not be used unless the parent agrees with the income amount, doesn't show up to court, or a hearing is held to determine the facts.
The court may base income amounts by: employment potential, probable earnings, work history, occupation qualifications or the average income from the same occupational field in the local area as listed from the Bureau of Labor Statistics.
If no recent work history or occupation is unknown, the federal minimum wage for a 40 hour work week is used.
Income cannot be imputed (estimated) if any of the following exists and it is not temporary (less than 6-12 months):
1 - Reasonable costs of child care is about the same as what the custodial parent can earn.
2 - A parent is physically or mentally unable to earn minimum wage.
3 - A parent is actively engaged in schooling or other occupational training.
4 - Unusual emotional physical needs of a child requires the custodial parent to remain home with the child.
Social Security benefits received by a child may be used as credit to the child support amount. Other unearned income may be considered by the court.
An adjusted gross income is used when there is an existing court order for alimony and child support from another marriage. It does not include alimony from the current case.
A legal clarification is needed for the following: "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."
Except with joint PHYSICAL custody, split custody, or obligor's (noncustodial parent) adjusted monthly gross income is $1050 or less, calculate child support by:
1 - Combine the adjusted gross monthly income and use the child support obligation table to determine the total amount going to the support of the child(ren).
2 - If one parent earns 60% of the total income, then they are responsible for 60% of the total child support obligation. The noncustodial parent pays this percentage to the custodial parent.
In the case of an incapacitated (unable of living on their own) adult child, any income the adult child earns can be considered in the child support obligation.
The base combined child support obligation table only accounts for up to 6 children. Additional child support may be granted for more children.
Low income parent's obligation may be considered on a case by case basis.
The support tables uses the total number of children to find the total obligated amount for ALL the children combined.
If the combined income exceeds the highest amount in the table, the amount can be adjusted upward (never downward) by the court on a case by case basis.
Explains that the Gross (total amount before taxes and other deductions) income is used from both parties when calculating child support.
Obligor is the noncustodial parent. Obligee is the custodial parent who receives the child support.
Joint physical custody is calculated based on how many nights the children stay with each parent.
Combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table.
Deductions from the child support amount is as follows:
1 - 0-110 nights, no deduction (30% of nights or more is considered joint physical custody)
2 - 111 - 130, multiply the number of overnights by 0.0027
3 - 131 or more, multiply the number of overnights by 0.0084
4 - Multiply the result in 2 or 3 above with the base combined child support obligation, and then subtract the
result from the obligor's payment to determine how much they will pay.
Joint physical custody is the most complex to calculate the child support payments, yet still pretty easy if you understand the concept.
Split custody is when each parent has physical custody of at least one child. IE Mother has sole physical custody of 2 children, Father has sole physical custody of 1 child.
To calculate split custody: Example: 3 children, father earns 60% of the income, and total obligation is $1200 (which equates to $400 for each child when calculating split custody obligation). The father pays $240
(60% of $400) to the mother for each child she has physical custody and the mother pays $160 (40% of $400) for the child the father has custody of.
The father owes the mother $480 and the mother owes the father $160, so the father will pay the mother $320 ($480-$160=$320) every month.
Without split custody and with the above example, the father would pay $720 (60% of $1200) as the noncustodial parent while the mother would pay $480 (40% of $1200) as the
noncustodial parent.
The child support guidelines based on the income tables is automatically assumed to be what the child(ren) is/are entitled to receive, unless one party can prove otherwise beyond a reasonable doubt that it is unjust, inappropriate or not in a child's best interest.
The court must be able to document the reason to deviate from the child support tables.
Other natural or adoptive children not directly involved in the order but are living in either party's home may adjust the final child support value.
Other children such as a new child from another spouse is not a substantial change of circumstance and is not reason enough in itself to petition the court to modify child support.
If the child support order has not been issued or modified in 3 years, any party may submit a motion for the court to change the support order.
If it has not been modified in 3 years AND the difference is more than 10% (based on combined incomes) and is not temporary, then the substantial change of circumstance laws can be ignored.
A substantial change of circumstance can be described as:
1 - Changes in custody of the children
2 - Substantial change in the wealth of either party (you will need to prove the increased/decreased wealth)
3 - Changes of 30% or more (in either direction) in the income of a parent.
4 - Changes in employment or the ability of the parent to earn [going back to school full time or completion of school may be considered as a change of ability to earn]
5 - Changes in the medical needs of a child
6 - Changes in legal responsibilities of either parent for the support of others
The court has the final say in whether or not the above changes are valid. [You may think it is a valid reason to change the support, but the judge may not. You take your chances of paying the other party's lawyer fees if you ask for a change and lose]
Even with all the reasons to change as stated above, it will still need to make a 15% increase/decrease in the overall child support amount (and not be temporary) before a change will be granted.
There is no maximum limit on the base child support or medical expense awards with one exception:
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
noncustodial parent'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 previous section (78-45-7.17) is ignored.
The court may decide who pays for medical insurance for the minor children, if they can have a reasonable policy at a reasonable cost.
Each parent is to equally share the out-of-pocket cost of the medical premium based on the children's portion.
The parent providing the medical insurance is entitled to a credit in their child support for the children's portion.
Determine the children's portion by dividing the total medical premium cost by the number of people covered by the policy
and multiply by the number of children in the child support order.
All reasonable and necessary medical costs that are not covered by medical insurance are to be shared equally by each parent.
The parent ordered to maintain insurance shall show proof of coverage to the other parent or to the Office of Recovery
Services by January 2nd of each year.
Any changes in the medical policy is to be told to the other parent within 30 days of when the parent knew of the change.
A parent who receives medical costs (for the children) must provide proof to the other parent within 30 days of making the payment.
A court may deny a parents right to receive credit for medical expenses if the parent does not comply with (the 3 bullets listed above).
The court or ORS may determine the portion of each parents medical expenses for the children.
If the prior order does not spedify the proportions to be shared, the court may determine the amount of liability.
Each parent is responsible for HALF of all reasonable work-related child care expenses of the other parent.
Child care expenses are due immediately upon proof of the child care expense. No modification to the court order is needed.
In the absence of a court order saying otherwise, a parent with child care expenses will provide written verification of the costs and
identify the care provider when initially registered.
Proof of child care expenses is to be made available whenever requested by the other parent.
In the absence of a court order saying otherwise, any changes to the child care, the parent is to notify the other parent within 30 days of the change.
The parent with the child care costs may be denied reimbursement by the court if the parent fails to comply with (the 3 bullets listed above).
The need to include child care costs in the child support order is automatically assumed necessary if either parent is working. This includes
a noncustodial parent's parental time.
The child support order does not need to include costs of child care, but may be awarded on a case by case basis if related to career or
occupational training of the custodial parent.
The court has final say "in the interest of justice"
With a written agreement or court order, child support may be reduced by 50% for time periods where the child(ren) stay for at least 25 of 30 consecutive days with the noncustodial parent.
With a written agreement or court order, child support may be reduced by 25% for time periods where the child(ren) stay for at least 12 of 30 consecutive days with the noncustodial parent.
If the dependent child receives cash assistance from Title 35A-3 Part 3, any reduction must be approved by the administrative agency.
Normal parent time and holidays do not count as extended parent time. [If a holiday is part of a greator amount of time, it MIGHT count]
If the Office of Recovery Services (ORS) is used for payments, written documentation of the extended parental schedule must be given to ORS
as a court order or written agreement between both parties.
If the noncustodial parent is not past-due with child support payments, then the ORS may refund the amount with the current or next month's payment.
If the noncustodial parent is past-due, then the credit will be applied to the past-due amount before any will be refunded.
If ORS is not involved with collecting payments, then it should be resolved by the parents or taken to court for resolution.
If not all the children are involved with the extended parental time, then divide the total child support obligation with the
number of children and use that amount (per child) in figuring out the deductions.
For parents with Joint PHYSICAL custody, this reduction does NOT apply.
There is to be no presumption of which parent should have the right to claim their child(ren) for state or federal tax purposes.
Unless it is agreed to in writing (previous court order or agreement between the parties), the court or ORS may decide which parent may claim the child(ren).
To decide which parent may claim the children for tax purposes, they must:
1 - consider the contribution for each parent in the cost of raising the child.
2 - consider the relative tax benefit to each parent.
The noncustodial parent must be current on all child support before they may be awarded any tax exemption.
The tax exemption cannot be given to a parent unless it will financially benefit them.
The court or ORS, when petitioned by the noncustodial parent, may order the cutodial parent to provide proof of support for the child, including an accounting or receipts.
The court may decide the frequency and method of the accounting to the noncustodial parent.
The noncustodial parent may petition for this accounting only if they are current on all child support that has been ordered.
Emancipated means: freed, as from slavery or bondage... Oh wait, wrong definition... "To release (a child) from the control of parents or a guardian."
At the age of 18 or when they graduate from high school (whichever is later), or if they marry, die, join the military,
or emancipated according to 78-3a Part 10, child support is automatically adjusted for the remaining children.
The incomes are automatically used from the most recent order unless otherwise defined in the most recent order.
This amount is calculated from the child support obligation table for the remaining children (NOT by the total amount divided by the number of children, multiplied by the number of children remaining)
If the income is not listed in the most recent order, or the information is not consistant, or the order did not follow the guidelines,
the automatic adjustment does NOT apply and will continue until a new court order is given.
When the new order is obtained and it includes back dating the new child support amount to the date of emancipation of the child,
the Office of Recovery Services (ORS) may not be required to repay the overpaid amount. [You may need to cover repayment in the new order with the custodial parent]
This is what everyone will be most interested in. This section is all about the money.
SB23 passed in the 2007 General Session increased the child support obligation tables by as much as 25% by 2010. When this effects you will be
determined by when the child support order is established.
If a child support order is established or modified on or before December 31, 2007, the first tables in Subsection (1) is used for a modification to that order made on or before December 31, 2009.
The tables in Subsection (2) shall be used to:
(a) establish a child support order entered for the first time on or after January 1, 2008;
(b) modify a child support order entered for the first time on or after January 1, 2008; or
(c) modify a child support order entered on or before December 31, 2007, if the modification is made on or after January 1, 2010.
How to use the tables: Combine the adjusted gross income of both parents and find that amount on the left most (From and To) columns.
Then move right another column for each child included in the support order (the table only includes amounts for up to 6 children). IE: 2 children, it would be the 2nd amount after the "From" and "To" columns.
This will be the TOTAL amount obligated for the children which includes amounts BOTH parents are required to provide for the support of the children. If the
noncustodial parent earns 50% of the total combined income, then they pay the custodial parent 50% of this total obligation amount.
Low income of under $1050 a month (for the noncustodial parent only).
This section is about a committee that is appointed to handle the complaints and issues of the people regarding child support and other related issues.
This section does not directly relate to child support payments.
Explains the duties of the advisory committee to the Legislative Judiciary Interim Committee.
Members of the advisory committee that are not government employees are not paid, but may receive per diem in accordance with Sections 63A-3-106 and 63A-3-107.
Government employees who do not receive compensation may also receive per diem.
* Disclaimer: Please note that the comments contained within the square brackets "[]" are only opinions and should not be considered as credible information.
Judicial Code
30-3-5. Disposition of property -- Maintenance and health care of parties and children -- Division of debts -- Court to have continuing jurisdiction -- Custody and parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
30-4-3. Custody and maintenance of children -- Property and debt division -- Support payments.
Title 62A, Chapter 11, Part 3 (IE: 62A.11.300-399)
Title 62A, Chapter 11, Part 4 (IE: 62A.11.400-499)
Title 62A, Chapter 11, Part 5 (IE: 62A.11.500-599)
Utah Code -- Title 62A -- Chapter 11 -- Recovery Services
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