| (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-12-102Child 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-12-102Court: means the district court or juvenile court. See Utah Code 78B-12-102Health care coverage: means coverage under which medical services are provided to a child through:| (b) | a health maintenance organization; |
| (c) | a preferred provider organization; |
| (d) | any other type of private health insurance; or |
| (e) | public health care coverage. See Utah Code 78B-12-102Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 78B-12-102Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102State: includes a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 78B-12-102support 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 |
| (2) |
A child support order shall:
| (a) |
order that the parents provide health care coverage for the medical expenses of a child; |
| (b) |
order that the parents provide insurance for the medical expenses of a child if insurance is available to the parents at a reasonable cost; |
| (c) |
in accordance with Subsection 30-3-5(3)(b)(ii) and Section 30-3-5.4, designate which health, hospital, or dental insurance plan is primary and which health, hospital, or dental insurance plan is secondary if, at any time, a child is covered by both parents’ health, hospital, or dental insurance plans; |
| (d) |
require each parent to share equally the out-of-pocket costs of the premium actually paid by a parent for the child’s portion of insurance; and |
| (e) |
in accordance with Subsection 30-3-5(3)(a), include a provision that requires each parent to equally share all reasonable and necessary uninsured and unreimbursed medical and dental expenses incurred for a child, including co-payments, co-insurance, and deductibles. |
|
| (3) |
A court may deviate from the requirements described in Subsection (2) if:
| (a) |
the court makes specific findings establishing good cause for the deviation; or |
| (b) |
subject to the court’s approval, the parents agree which parent shall provide insurance for the child. |
|
| (4) |
In determining whether to take the action described in Subsection (3), the court may consider:
| (a) |
the reasonableness of the cost; |
| (b) |
the availability of a group insurance policy; |
| (c) |
the coverage of the policy; or |
| (d) |
the preference of the custodial parent. |
|
| (5) |
Subject to Subsection (3), if a child support order does not contain the requirements described in Subsection (2):
| (a) |
the parents are nonetheless subject to the requirements described in Subsection (2), as applicable; and |
| (b) |
for purposes of Subsection (2)(c), the insurance plan of the parent whose birthday falls first in the calendar year is primary, and the insurance plan of the parent whose birthday falls second in the calendar year is secondary. |
|
| (6) |
| (a) |
The parent who provides insurance may receive credit against the base child support award or recover the other parent’s share of the child’s portion of the premium. |
| (b) |
If the parent does not have insurance but another member of the parent’s household provides insurance for the child, the parent may receive credit against the base child support award or recover the other parent’s share of the child’s portion of the premium. |
|
| (7) |
| (a) |
The child’s portion of the premium is a per capita share of the premium actually paid. |
| (b) |
The premium expense for a child shall be calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the instant case. |
|
| (8) |
| (a) |
The parent maintaining health care coverage or insurance shall provide verification of coverage to the other parent, or to the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., upon initial enrollment of the child, and after initial enrollment on or before January 2 of each calendar year. |
| (b) |
The parent shall notify the other parent, or the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar days of the date the parent first knew or should have known of the change. |
|
| (9) |
A parent who incurs medical expenses shall provide written verification of the cost and payment of medical expenses to the other parent within 30 days of payment. |
| (10) |
In addition to any other sanctions provided by the court, a parent incurring medical expenses may be denied the right to receive credit for the expenses or to recover the other parent’s share of the expenses if that parent fails to comply with Subsections (8) and (9). |
Amended by Chapter 333, 2023 General Session
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