78B-12-208. 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. |
Terms Used In Utah Code 78B-12-208
- 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.
- Obligor: means a person owing a duty of support. See Utah Code 78B-12-102
- Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102
- table: means the appropriate table in 3. See Utah Code 78B-12-102
|
| (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) |
Subject to Subsection 30-3-35.2(2)(e)(ii), 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. |
|
Amended by Chapter 399, 2021 General Session
|
