Utah Code 78B-12-219. Adjustment when child becomes emancipated

78B-12-219. Adjustment when child becomes emancipated.

(1)

When a child becomes 18 years old or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 80, Chapter 7, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order.

Terms Used In Utah Code 78B-12-219

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
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

Guidelines: means the directions for the calculation and application of child support in 2. 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.

Office: means the Office of Recovery Services within the Department of Health and Human Services. 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

Tribunal: means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of 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

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Worksheets: means the forms used to aid in calculating the base child support award. See Utah Code 78B-12-102

(2)

The award may not be reduced by a per child amount derived from the base child support award originally ordered.

(3)

If the incomes of the parties are not specified in the most recent order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the guidelines, automatic adjustment of the order does not apply and the order will continue until modified by the issuing tribunal. If the order is deviated and the parties subsequently obtain a judicial order that adjusts the support back to the date of the emancipation of the child, the Office of Recovery Services may not be required to repay any difference in the support collected during the interim.

Amended by Chapter 262, 2021 General Session

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