| (1) |
The base child support award shall be:
Terms Used In Utah Code 78B-12-216- Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. 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
- Court: means the district court or juvenile court. See Utah Code 78B-12-102
- Dependent: A person dependent for support upon another.
- IV-D child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U. 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
- 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.
- 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
- State: 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-12-102
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| (a) |
reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or |
| (b) |
25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time. |
| (2) |
If the dependent child is a client of cash assistance provided under 3, any agreement by the parties for reduction of child support during extended parent-time shall be approved by the administrative agency. |
| (3) |
Normal parent-time and holiday visits to the custodial parent shall not be considered extended parent-time. |
| (4) |
For cases receiving IV-D child support services in accordance with 1, 2, and 3, to receive the adjustment the noncustodial parent shall provide written documentation of the extended parent-time schedule, including the beginning and ending dates, to the Office of Recovery Services in the form of either a court order or a voluntary written agreement between the parties. |
| (5) |
If the noncustodial parent complies with Subsection (4), owes no past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time and the following month, the Office of Recovery Services shall refund the difference from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due:
| (a) |
from current support received in the month following the month of scheduled extended parent-time; or |
| (b) |
from current support received in the month following the month written documentation of the scheduled extended parent-time is provided to the office, whichever occurs later. |
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| (6) |
If the noncustodial parent complies with Subsection (4), owes past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time, the Office of Recovery Services shall apply the difference, from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due, to the past-due support obligation in the case. |
| (7) |
For cases not receiving IV-D child support services in accordance with 1, 2, and 3, any potential adjustment of the support payment during the month of extended visitation or any refund that may be due to the noncustodial parent from the custodial parent, shall be resolved between the parents or through the court without involvement by the Office of Recovery Services. |
| (8) |
For purposes of this section the per child amount to which the abatement applies shall be calculated by dividing the base child support award by the number of children included in the award. |
| (9) |
The reduction in this section does not apply to parents with joint physical custody obligations calculated in accordance with Section 78B-12-208. |
Amended by Chapter 330, 2023 General Session
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