(1) 

Terms Used In Utah Code 78B-12-202

  • 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
  • Court: means the district court or juvenile court. See Utah Code 78B-12-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guidelines: means the directions for the calculation and application of child support in 2. 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
  • 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. See Utah Code 78B-12-102
  • Obligor: means a person owing a duty of support. See Utah Code 78B-12-102
    • (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 78B-12-210(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 78B-12-210(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 guidelines described in this chapter.

    Renumbered and Amended by Chapter 3, 2008 General Session

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