78B-12-210.  Application of guidelines — Use of ordered child support.

(1)  The guidelines in this chapter apply to any judicial or administrative order establishing or modifying an award of child support entered on or after July 1, 1989.

Terms Used In Utah Code 78B-12-210

  • 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. See Utah Code 78B-12-102
  • 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
  • Court: means the district court or juvenile court. See Utah Code 78B-12-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • 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
  • 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.
  • 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
  • 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
  • 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
  • Temporary: means a period of time that is projected to be less than 12 months in duration. 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) 

    (a)  The guidelines shall be applied as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support.

    (b)  The rebuttable presumption means the provisions and considerations required by the guidelines, the award amounts resulting from the application of the guidelines, and the use of worksheets consistent with these guidelines are presumed to be correct, unless rebutted under the provisions of this section.

    (3)  A written finding or specific finding on the record supporting the conclusion that complying with a provision of the guidelines or ordering an award amount resulting from use of the guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case. If an order rebuts the presumption through findings, it is considered a deviated order.

    (4)  The following shall be considered deviations from the guidelines, if:

    (a)  the order includes a written finding that it is a deviation from the guidelines;

    (b)  the guidelines worksheet has:

    (i)  the box checked for a deviation; and

    (ii)  an explanation as to the reason; or

    (c)  the deviation is made because there were more children than provided for in the guidelines table.

    (5)  If the amount in the order and the amount on the guidelines worksheet differ by $10 or more:

    (a)  the order is considered deviated; and

    (b)  the incomes listed on the worksheet may not be used in adjusting support for emancipation.

    (6) 

    (a)  Natural or adoptive children of either parent who live in the home of that parent and are not children in common to both parties may at the option of either party be taken into account under the guidelines in setting a child support award, as provided in Subsection (7).

    (b)  Additional worksheets shall be prepared that compute the base child support award of the respective parents for the additional children. The base child support award shall then be subtracted from the appropriate parent’s income before determining the award in the instant case.

    (7)  In a proceeding to adjust or modify an existing award, consideration of natural or adoptive children born after entry of the order and who are not in common to both parties may be applied to mitigate an increase in the award but may not be applied:

    (a)  for the benefit of the obligee if the credit would increase the support obligation of the obligor from the most recent order; or

    (b)  for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent order.

    (8) 

    (a)  If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may move the court to adjust the amount of a child support order.

    (b)  Upon receiving a motion under Subsection (8)(a), the court shall, taking into account the best interests of the child:

    (i)  determine whether there is a difference between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and

    (ii)  if there is a difference as described in Subsection (8)(b)(i), adjust the payor’s ordered support amount to the payor’s support amount provided in the guidelines if:

    (A)  the difference is 10% or more;

    (B)  the difference is not of a temporary nature; and

    (C)  the order adjusting the payor’s ordered support amount does not deviate from the guidelines.

    (c)  A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (8).

    (9) 

    (a)  A parent, legal guardian, or the office may at any time petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances. A change in the base combined child support obligation table is not a substantial change in circumstances for the purposes of this Subsection (9).

    (b)  For purposes of this Subsection (9), a substantial change in circumstances may include:

    (i)  material changes in custody;

    (ii)  material changes in the relative wealth or assets of the parties;

    (iii)  material changes of 30% or more in the income of a parent;

    (iv)  material changes in the employment potential and ability of a parent to earn;

    (v)  material changes in the medical needs of the child; or

    (vi)  material changes in the legal responsibilities of either parent for the support of others.

    (c)  Upon receiving a petition under Subsection (9)(a), the court shall, taking into account the best interests of the child:

    (i)  determine whether a substantial change has occurred;

    (ii)  if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and

    (iii)  adjust the payor’s ordered support amount to that which is provided for in the guidelines if:

    (A)  there is a difference of 15% or more; and

    (B)  the difference is not of a temporary nature.

    (10)  Notice of the opportunity to adjust a support order under Subsections (8) and (9) shall be included in each child support order.

    Amended by Chapter 470, 2022 General Session

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