Utah Code 78B-12-215. Child care costs

(1)	The need to include child care costs in the child support order is presumed, if the custodial parent or the noncustodial parent, during extended parent-time, is working and actually incurring the child care costs.

Terms Used In Utah Code 78B-12-215

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

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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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
(2)	The need to include child care costs is not presumed, but may be awarded on a case-by-case basis, if the costs are related to the career or occupational training of the custodial parent, or if otherwise ordered by the court in the interest of justice.

(3)

The court may impute a monthly obligation for child care costs when it imputes income to a parent who is providing child care for the minor child of both parties so that the parties are not incurring child care costs for the child. Any monthly obligation imputed under this section shall be applied towards any actual child care costs incurred within the same month for the child.

Amended by Chapter 467, 2013 General Session

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