78B-12-102.  Definitions.
     As used in this chapter:

(1)  “Adjusted gross income” means income calculated under Subsection 78B-12-204(1).

Terms Used In Utah Code 78B-12-102

  • Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 78B-12-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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. See Utah Code 78B-12-102
  • 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. See Utah Code 78B-12-102
  • Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 78B-12-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Court: means the district court or juvenile court. See Utah Code 78B-12-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Guidelines: means the directions for the calculation and application of child support in 2. See Utah Code 78B-12-102
  • Health care coverage: means coverage under which medical services are provided to a child through:
    (a) fee for service;
    (b) a health maintenance organization;
    (c) a preferred provider organization;
    (d) any other type of private health insurance; or
    (e) public health care coverage. See Utah Code 78B-12-102
  • Income: includes :
    (i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
    (ii) interest and dividends;
    (iii) periodic payments made under pension or retirement programs or insurance policies of any type;
    (iv) unemployment compensation benefits;
    (v) workers' compensation benefits; and
    (vi) disability benefits. See Utah Code 78B-12-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 78B-12-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102
  • Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102
  • Person: means :Utah Code 68-3-12.5
  • State: includes a 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. See Utah Code 78B-12-102
  • 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 that:
    (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 Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 78B-12-102
  • table: means the appropriate table in 3. See Utah Code 78B-12-102
  • Tribunal: means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a 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. See Utah Code 78B-12-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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 78B-12-215. See Utah Code 78B-12-102
    • (2)  “Administrative agency” means the Office of Recovery Services or the Department of Health and Human Services.

    (3)  “Administrative order” means an order that has been issued by the Office of Recovery Services, the Department of Health and 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 3.

    (6)  “Cash medical support” means an obligation to equally share all reasonable and necessary medical and dental expenses of children.

    (7)  “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.

    (8)  “Child support” means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.

    (9)  “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 that:

    (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 Chapter 14, Utah Uniform Interstate Family Support Act.

    (10)  “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. § 651 et seq.

    (11)  “Court” means the district court or juvenile court.

    (12)  “Guidelines” means the directions for the calculation and application of child support in 2.

    (13)  “Health care coverage” means coverage under which medical services are provided to a child through:

    (a)  fee for service;

    (b)  a health maintenance organization;

    (c)  a preferred provider organization;

    (d)  any other type of private health insurance; or

    (e)  public health care coverage.

    (14) 

    (a)  “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.

    (b)  “Income” includes:

    (i)  all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;

    (ii)  interest and dividends;

    (iii)  periodic payments made under pension or retirement programs or insurance policies of any type;

    (iv)  unemployment compensation benefits;

    (v)  workers’ compensation benefits; and

    (vi)  disability benefits.

    (15)  “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.

    (16)  “Medical expenses” means health and dental expenses and related insurance costs.

    (17)  “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.

    (18)  “Obligor” means a person owing a duty of support.

    (19)  “Office” means the Office of Recovery Services within the Department of Health and Human Services.

    (20)  “Parent” includes a natural parent, or an adoptive parent.

    (21)  “Pregnancy expenses” means an amount equal to:

    (a)  the sum of a pregnant mother’s:

    (i)  health insurance premiums while pregnant that are not paid by an employer or government program; and

    (ii)  medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; minus

    (b)  any portion of the amount described in Subsection (21)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child.

    (22)  “Split custody” means that each parent has physical custody of at least one of the children.

    (23)  “State” includes a 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.

    (24)  “Temporary” means a period of time that is projected to be less than 12 months in duration.

    (25)  “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.

    (26)  “Tribunal” means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a 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.

    (27)  “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 78B-12-215.

    (28)  “Worksheets” means the forms used to aid in calculating the base child support award.

    Amended by Chapter 330, 2023 General Session
    Amended by Chapter 333, 2023 General Session

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