Utah Code 78B-12-205. Calculation of obligations

78B-12-205. 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 78B-12-216, 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.

Terms Used In Utah Code 78B-12-205

Adjusted gross income: means income calculated under Subsection 78B-12-204(1). See Utah Code 78B-12-102
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

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

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. 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.

Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102

Split custody: means that each parent has physical custody of at least one of the children. See Utah Code 78B-12-102

table: means the appropriate table in 3. See Utah Code 78B-12-102

Worksheets: means the forms used to aid in calculating the base child support award. See Utah Code 78B-12-102

(2)

Except in cases of joint physical custody and split custody and except as provided in Subsection (4)(a), 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 the incapacitated adult child’s 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)

(a)

In cases where the monthly adjusted gross income of either parent is less than the highest amount of monthly adjusted gross income shown in the low income table, the base child support award shall be the lesser of the amount calculated under Subsection (2) and the amount calculated using the low income table.

(b)	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 but the base child support may not be less than $30.

(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 78B-12-210(3), the amount ordered may not be less than the amount which would be ordered for up to six children.

(6)	A base child support award on a sole custody worksheet may not be less than $30.

(7)	The amount shown on the table is the support amount for the total number of children, not an amount per child.

(8)	For all worksheets, income and support award figures shall be rounded to the nearest dollar.

Amended by Chapter 470, 2022 General Session

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