reglab/housing_qa huggingface dataset:
UT Code § 78B-12-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 109 - Waiver and estoppel.

78B-12-109. Waiver and estoppel.    (1) Waiver and estoppel shall apply only to the custodial parent when there is no order already established by a tribunal if the custodial parent freely and voluntarily waives support specifically and in writing.     (2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child.     (3) A noncustodial parent, or alleged biological father in a paternity action, may not rely on statements made by the custodial parent of the child concerning child support unless the statements are reduced to writing and signed by both parties.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-110 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 110 - Appeals.

78B-12-110. Appeals.  Appeals may be taken from orders and judgments under this chapter as in other civil actions.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-111 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 111 - Court order -- Medical expenses of dependent children -- Assigning responsibility for payment -- Insurance coverage -- Income withholding.

78B-12-111. Court order -- Medical expenses of dependent children -- Assigning responsibility for payment -- Insurance coverage -- Income withholding.  The court shall include the following in its order:  (1) a provision assigning responsibility for the payment of reasonable and necessary medical expenses for the dependent children;     (2) a provision requiring the purchase and maintenance of appropriate insurance for the medical expenses of dependent children, if coverage is or becomes available at a reasonable cost; and     (3) provisions for income withholding, in accordance with Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases,and Part 5, Income Withholding in Non IV-D Cases.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-112 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 112 - Payment under child support order -- Judgment.

78B-12-112. Payment under child support order -- Judgment.    (1) All monthly payments of child support shall be due on the 1st day of each month pursuant to Title 62A, Chapter 11, Part 3, Child Support Services Act, Part 4, Income Withholding in IV-D Cases, and Part 5, Income Withholding in Non IV-D Cases.     (2) For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3, Child Support Services Act, and Part 4, Income Withholding in IV-D Cases, child support is not considered past due until the 1st day of the following month. For purposes other than those specified in Subsection (1) support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.     (3) Each payment or installment of child or spousal support under any support order, as defined by Section 78B-12-102, is, on and after the date it is due:   (a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (4);     (b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and     (c) not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (4).       (4) A child or spousal support payment under a support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the obligee is the petitioner. If the tribunal orders that the support should be modified, the effective date of the modification shall be the month following service on the parent whose support is affected. Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered.     (5) The judgment provided for in Subsection (3)(a), to be effective and enforceable as a lien against the real property interest of any third party relying on the public record, shall be docketed in the district court in accordance with Sections 78B-5-202 and 62A-11-312.5.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-113 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 113 - Enforcement of right of support.

78B-12-113. Enforcement of right of support.    (1)   (a) The obligee may enforce his right of support against the obligor. The office may proceed pursuant to this chapter or any other applicable statute on behalf of:   (i) the Department of Human Services;     (ii) any other department or agency of this state that provides public assistance, as defined by Subsection 62A-11-303(3), to enforce the right to recover public assistance; or     (iii) the obligee, to enforce the obligee's right of support against the obligor.       (b) Whenever any court action is commenced by the office to enforce payment of the obligor's support obligation, the attorney general or the county attorney of the county of residence of the obligee shall represent the office.       (2)   (a) A person may not commence an action, file a pleading, or submit a written stipulation to the court, without complying with Subsection (2)(b), if the purpose or effect of the action, pleading, or stipulation is to:   (i) establish paternity;     (ii) establish or modify a support obligation;     (iii) change the court-ordered manner of payment of support;     (iv) recover support due or owing; or     (v) appeal issues regarding child support laws.       (b)   (i) When taking an action described in Subsection (2)(a), a person must file an affidavit with the court at the time the action is commenced, the pleading is filed, or the stipulation is submitted stating whether child support services have been or are being provided under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child who is a subject of the action, pleading, or stipulation.     (ii) If child support services have been or are being provided, under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and a copy of the pleading or stipulation to the Office of the Attorney General, Child Support Division.     (iii) If notice is not given in accordance with this Subsection (2), the office is not bound by any decision, judgment, agreement, or compromise rendered in the action. For purposes of appeals, service must be made on the Office of the Director for the Office of Recovery Services.       (c) If IV-D services have been or are being provided, that person shall join the office as a party to the action, or mail or deliver a written request to the Office of the Attorney General, Child Support Division asking the office to join as a party to the action. A copy of that request, along with proof of service, shall be filed with the court. The office shall be represented as provided in Subsection (1)(b).       (3) Neither the attorney general nor the county attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying out the duties under this chapter.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-114 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 114 - County attorney to assist obligee.

78B-12-114. County attorney to assist obligee.    (1) The county attorney's office shall provide assistance to an obligee desiring to proceed under this chapter in the following manner:   (a) provide forms, approved by the Judicial Council of Utah, for an order of wage assignment if the obligee is not represented by legal counsel;     (b) inform the obligee of the right to file impecuniously if the obligee is unable to bear the expenses of the action and assist the obligee with such filing;     (c) advise the obligee of the available methods for service of process; and     (d) assist the obligee in expeditiously scheduling a hearing before the court.       (2) The county attorney's office may charge a fee not to exceed $25 for providing assistance to an obligee under Subsection (1).    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-115 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 115 - Husband and wife privileged communication inapplicable -- Competency of spouses.

78B-12-115. Husband and wife privileged communication inapplicable -- Competency of spouses.  Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable under this chapter. Spouses are competent witnesses to testify to any relevant matter, including marriage and parentage.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-116 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 116 - Social Security number in court records.

78B-12-116. Social Security number in court records.  The Social Security number of any individual who is subject to a support order shall be placed in the records relating to the matter.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-117 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 117 - Rights are in addition to those presently existing.

78B-12-117. Rights are in addition to those presently existing.  The rights created in this chapter are in addition to and not in substitution to any other rights.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-201 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 201 - Procedure -- Documentation -- Stipulation.

78B-12-201. Procedure -- Documentation -- Stipulation.    (1) In any matter in which child support is ordered, the moving party shall submit:   (a) a completed child support worksheet;     (b) the financial verification required by Subsection 78B-12-203(5);     (c) a written statement indicating whether or not the amount of child support requested is consistent with the guidelines; and     (d) the information required under Subsection (3).       (2)   (a) If the documentation of income required under Subsection (1) is not available, a verified representation of the other party's income by the moving party, based on the best evidence available, may be submitted.     (b) The evidence shall be in affidavit form and may only be offered after a copy has been provided to the other party in accordance with Utah Rules of Civil Procedure or Title 63G, Chapter 4, Administrative Procedures Act, in an administrative proceeding.       (3) Upon the entry of an order in a proceeding to establish paternity or to establish, modify, or enforce a support order, each party shall file identifying information and shall update that information as changes occur with the court that conducted the proceeding.   (a) The required identifying information shall include the person's social security number, driver's license number, residential and mailing addresses, telephone numbers, the name, address and telephone number of employers, and any other data required by the United States Secretary of Health and Human Services.     (b) Attorneys representing the office in child support services cases are not required to file the identifying information required by Subsection (3)(a).       (4) A stipulated amount for child support or combined child support and alimony is adequate under the guidelines if the stipulated child support amount or combined amount equals or exceeds the base child support award required by the guidelines.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-202 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 202 - Determination of amount of support -- Rebuttable guidelines.

78B-12-202. Determination of amount of support -- Rebuttable guidelines.    (1)   (a) Prospective support shall be equal to the amount granted by prior court order unless there has been a substantial change of circumstance on the part of the obligor or obligee or adjustment under Subsection 78B-12-210(6) has been made.     (b) If the prior court order contains a stipulated provision for the automatic adjustment for prospective support, the prospective support shall be the amount as stated in the order, without a showing of a material change of circumstances, if the stipulated provision:   (i) is clear and unambiguous;     (ii) is self-executing;     (iii) provides for support which equals or exceeds the base child support award required by the guidelines; and     (iv) does not allow a decrease in support as a result of the obligor's voluntary reduction of income.         (2) If no prior court order exists, a substantial change in circumstances has occurred, or a petition to modify an order under Subsection 78B-12-210(6) has been filed, the court determining the amount of prospective support shall require each party to file a proposed award of child support using the guidelines before an order awarding child support or modifying an existing award may be granted.     (3) If the court finds sufficient evidence to rebut the guidelines, the court shall establish support after considering all relevant factors, including but not limited to:   (a) the standard of living and situation of the parties;     (b) the relative wealth and income of the parties;     (c) the ability of the obligor to earn;     (d) the ability of the obligee to earn;     (e) the ability of an incapacitated adult child to earn, or other benefits received by the adult child or on the adult child's behalf including Supplemental Security Income;     (f) the needs of the obligee, the obligor, and the child;     (g) the ages of the parties; and     (h) the responsibilities of the obligor and the obligee for the support of others.       (4) When no prior court order exists, the court shall determine and assess all arrearages based upon the guidelines described in this chapter.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-204 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 204 - Adjusted gross income.

78B-12-204. Adjusted gross income.    (1) As used in this chapter, "adjusted gross income" is the amount calculated by subtracting from gross income alimony previously ordered and paid and child support previously ordered.     (2) The guidelines do not reduce the total child support award by adjusting the gross incomes of the parents for alimony ordered in the pending proceeding. In establishing alimony, the court shall consider that in determining the child support, the guidelines do not provide a deduction from gross income for alimony.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-206 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 206 - Income in excess of tables.

78B-12-206. Income in excess of tables.  If the combined adjusted gross income exceeds the highest level specified in the table, an appropriate and just child support amount shall be ordered on a case-by-case basis, but the amount ordered may not be less than the highest level specified in the table for the number of children due support.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-207 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 207 - Obligation -- Adjusted gross income used.

78B-12-207. Obligation -- Adjusted gross income used.  Adjusted gross income shall be used in calculating each parent's share of the base combined child support obligation. Only income of the natural or adoptive parents of the child may be used to determine the award under these guidelines.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-208 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 208 - Joint physical custody -- Obligation calculations.

 Effective 5/5/2021  78B-12-208. Joint physical custody -- Obligation calculations.  In cases of joint physical custody, the base child support award shall be determined as follows:  (1) Combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table.     (2) Calculate each parent's proportionate share of the base combined child support obligation by multiplying the base combined child support obligation by each parent's percentage of combined adjusted gross income. The amounts so calculated are the base child support obligation due from each parent for support of the children.     (3) Subject to Subsection 30-3-35.2(2)(e)(ii), if the obligor's time with the children exceeds 110 overnights, the obligation shall be calculated further as follows:   (a) if the amount of time to be spent with the children is between 110 and 131 overnights, multiply the number of overnights over 110 by .0027, then multiply the result by the base combined child support obligation, and then subtract the result from the obligor's payment as determined by Subsection (2) to arrive at the obligor's payment; or     (b) if the amount of time to be spent with the children is 131 overnights or more, multiply the number of overnights over 130 by .0084, then multiply the result by the base combined child support obligation, and then subtract the result from the obligor's payment as determined in Subsection (3)(a) to arrive at the obligor's payment.      Amended by Chapter 399, 2021 General Session
UT Code § 78B-12-209 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 209 - Split custody -- Obligation calculations.

78B-12-209. Split custody -- Obligation calculations.  In cases of split custody, the base child support award shall be determined as follows:  (1) Combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table. Allocate a portion of the calculated amount between the parents in proportion to the number of children for whom each parent has physical custody. The amounts so calculated are a tentative base child support obligation due each parent from the other parent for support of the child or children for whom each parent has physical custody.     (2) Multiply the tentative base child support obligation due each parent by the percentage that the other parent's adjusted gross income bears to the total combined adjusted gross income of both parents.     (3) Subtract the lesser amount in Subsection (2) from the larger amount to determine the base child support award to be paid by the parent with the greater financial obligation.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-211 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 211 - Limitation on amount of support ordered.

78B-12-211. Limitation on amount of support ordered.    (1) There is no maximum limit on the base child support award that may be ordered using the base combined child support obligation table, using the low income table, or awarding medical expenses except under Subsection (2).     (2) If amounts under either table as provided in Part 3, Tables, in combination with the award of medical expenses exceeds 50% of the obligor's adjusted gross income, or by adding the child care costs, total child support would exceed 50% of the obligor's adjusted gross income, the presumption under Section 78B-12-215 is rebutted.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-212.1 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 212.1 - Pregnancy expenses.

 Effective 5/5/2021  78B-12-212.1. Pregnancy expenses.  If a person seeks payment under Section 78B-12-105.1 by providing documentation of payments, medical expenses, and insurance premiums, the district court shall, after review, order the payment of the expenses. Enacted by Chapter 111, 2021 General Session
UT Code § 78B-12-213 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 213 - Determination of parental liability.

78B-12-213. Determination of parental liability.    (1) The district court or administrative agency may issue an order determining the amount of a parent's liability for medical expenses of a dependent child when the parent:   (a) is required by a prior court or administrative order to:   (i) share those expenses with the other parent of the dependent child; or     (ii) obtain insurance for medical expenses but fails to do so; or       (b) receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.       (2) If the prior court or administrative order does not specify what proportions of the expenses are to be shared, the district court may determine the amount of liability as may be reasonable and necessary.     (3) This section applies to an order without regard to when it was issued.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-214 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 2 - Calculation and Adjustment|Section 214 - Child care expenses -- Expenses not incurred.

78B-12-214. Child care expenses -- Expenses not incurred.    (1) The child support order shall require that each parent share equally the reasonable work-related child care expenses of the parents.     (2)   (a) If an actual expense for child care is incurred, a parent shall begin paying his share on a monthly basis immediately upon presentation of proof of the child care expense, but if the child care expense ceases to be incurred, that parent may suspend making monthly payment of that expense while it is not being incurred, without obtaining a modification of the child support order.     (b)   (i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.     (ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days of the date of the change.         (3) In addition to any other sanctions provided by the court, a parent incurring child care expenses may be denied the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(b).    Renumbered and Amended by Chapter 3, 2008 General Session