In cases of
split 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. Allocate a portion of the calculated amount between the parents in proportion to the number of children for whom each parent has physical custody. The amounts so calculated are a tentative base child support obligation due each parent from the other parent for support of the child or children for whom each parent has physical custody. |
Terms Used In Utah Code 78B-12-209
- 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- 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
|
| (2) |
Multiply the tentative base child support obligation due each parent by the percentage that the other parent’s adjusted gross income bears to the total combined adjusted gross income of both parents. |
| (3) |
Subtract the lesser amount in Subsection (2) from the larger amount to determine the base child support award to be paid by the parent with the greater financial obligation. |
Renumbered and Amended by Chapter 3, 2008 General Session
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