reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 106 - Ward of state -- Natural or adoptive parent has primary obligation to support -- Right of third party to recover support.

78B-12-106.
Ward of state -- Natural or adoptive parent has primary obligation to support -- Right of third party to recover support.
(1) A natural or an adoptive parent whose minor child has become a ward of this or any other state is not relieved of the primary obligation to support that child until the child reaches the age of majority, regardless of any agreements or legal defenses that may exist between the parents or other care providers. Any state that provides support for a child shall have the right to reimbursement.
(2) Nothing contained in this chapter may act to relieve the natural parent or adoptive parent of the primary obligation of support.
(3) A third party has the same right to recover support from the natural or adoptive parent as a custodial parent.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 107 - Duty of obligor regardless of presence or residence of obligee.

78B-12-107.
Duty of obligor regardless of presence or residence of obligee.
An obligor present or resident in this state has the duty of support as defined in this chapter regardless of the presence or residence of the obligee.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 108 - Support follows the child.

78B-12-108.
Support follows the child.
(1) Obligations ordered for child support and medical expenses are for the use and benefit of the child and shall follow the child.
(2) Except in cases of joint physical custody and split custody as defined in Section 78B-12-102, when physical custody changes from that assumed in the original order, the parent without physical custody of a child shall be required to pay the amount of support determined in accordance with Sections 78B-12-205 and 78B-12-212, without the need to modify the order for:
(a) the parent who has physical custody of the child;
(b) a relative to whom physical custody of the child has been voluntarily given; or
(c) the state when the child is residing outside of the home in the protective custody, temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 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
2023 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.

Effective 5/3/2023
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 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 112 - Payment under child support order -- Judgment.

Effective 5/3/2023
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 26B, Chapter 9, Part 2, Child Support Services, Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases.
(2) For purposes of child support services and income withholding pursuant to Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, 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 26B-9-214.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 113 - Enforcement of right of support.

Effective 5/3/2023
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 Health and Human Services;
(ii) any other department or agency of this state that provides public assistance, as defined by Subsection 26B-9-201(4), 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.
Amended by Chapter 330, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 2 - Calculation and Adjustment › Section 205 - Calculation of obligations.

Effective 5/4/2022
78B-12-205.
Calculation of obligations.
(1) Each parent's child support obligation shall be established in proportion to their adjusted gross incomes, unless the low income table is applicable. Except during periods of court-ordered parent-time as set forth in Section 78B-12-216, the parents are obligated to pay their proportionate shares of the base combined child support obligation. If physical custody of the child changes from that assumed in the original order, modification of the order is not necessary, even if only one parent is specifically ordered to pay in the order.
(2) Except in cases of joint physical custody and split custody and except as provided in Subsection (4)(a), the base child support award shall be determined as follows:
(a) combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table; and
(b) calculate each parent's proportionate share of the base combined child support obligation by multiplying the combined child support obligation by each parent's percentage of combined adjusted gross income.
(3) In the case of an incapacitated adult child, any amount that the incapacitated adult child can contribute to the incapacitated adult child's support may be considered in the determination of child support and may be used to justify a reduction in the amount of support ordered, except that in the case of orders involving multiple children, the reduction shall not be greater than the effect of reducing the total number of children by one in the child support table calculation.
(4)
(a) In cases where the monthly adjusted gross income of either parent is less than the highest amount of monthly adjusted gross income shown in the low income table, the base child support award shall be the lesser of the amount calculated under Subsection (2) and the amount calculated using the low income table.
(b) If the income and number of children is found in an area of the low income table in which no amount is shown, the base combined child support obligation table is to be used but the base child support may not be less than $30.
(5) The base combined child support obligation table provides combined child support obligations for up to six children. For more than six children, additional amounts may be added to the base child support obligation shown. Unless rebutted by Subsection 78B-12-210(3), the amount ordered may not be less than the amount which would be ordered for up to six children.
(6) A base child support award on a sole custody worksheet may not be less than $30.
(7) The amount shown on the table is the support amount for the total number of children, not an amount per child.
(8) For all worksheets, income and support award figures shall be rounded to the nearest dollar.
Amended by Chapter 470, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 2 - Calculation and Adjustment › Section 215 - Child care costs.

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.
(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
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 2 - Calculation and Adjustment › Section 217 - Award of tax exemption for dependent children.

78B-12-217.
Award of tax exemption for dependent children.
(1) No presumption exists as to which parent should be awarded the right to claim a child or children as exemptions for federal and state income tax purposes. Unless the parties otherwise stipulate in writing, the court or administrative agency shall award in any final order the exemption on a case-by-case basis.
(2) In awarding the exemption, the court or administrative agency shall consider:
(a) as the primary factor, the relative contribution of each parent to the cost of raising the child; and
(b) among other factors, the relative tax benefit to each parent.
(3) Notwithstanding Subsection (2), the court or administrative agency may not award any exemption to the noncustodial parent if that parent is not current in his child support obligation, in which case the court or administrative agency may award an exemption to the custodial parent.
(4) An exemption may not be awarded to a parent unless the award will result in a tax benefit to that parent.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 2 - Calculation and Adjustment › Section 218 - Accountability of support provided to benefit child -- Accounting.

78B-12-218.
Accountability of support provided to benefit child -- Accounting.
(1) The court or administrative agency which issues the initial or modified order for child support may, upon the petition of the obligor, order prospectively the obligee to furnish an accounting of amounts provided for the child's benefit to the obligor, including an accounting or receipts.
(2) The court or administrative agency may prescribe the frequency and the form of the accounting which shall include receipts and an accounting.
(3) The obligor may petition for the accounting only if current on all child support that has been ordered.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 2 - Calculation and Adjustment › Section 219 - Adjustment when child becomes emancipated.

Effective 9/1/2021
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.
(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
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 3 - Tables › Section 302 - Low income table -- Obligor parent only -- Child support orders entered before January 1, 2023.

Affected by 63I-2-278 on 1/1/2025
Effective 5/4/2022
78B-12-302.
Low income table -- Obligor parent only -- Child support orders entered before January 1, 2023.
The table in this section shall be used to:
(1) establish a child support order entered for the first time on or after January 1, 2008, but before January 1, 2023;
(2) modify a child support order entered for the first time on or after January 1, 2008, but before January 1, 2023;
(3) modify a temporary judicial child support order established on or before December 31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
(4) modify a final child support order entered on or before December 31, 2007, if the modification is made on or after January 1, 2010, but before January 1, 2025.
Individual Monthly
Adjusted Gross Income Number of Children
123456
FromTo
0 -649303030303030
650 -675303030303131
676 -700586060616162
701 -725888890919292
726 -750117118119120122123
751 -775148149151153155
776 -800178179182183186
801 -825207209212214216
826 -850236239242244247
851 -875266269272275278
876 -900299303305309
901 -925329333337339
926 -950363366370
951 -975393398402
976 -1,000428433
1,001 -1,050494
Amended by Chapter 470, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 4 - Advisory Committee › Section 401 - Advisory committee created.

Affected by 63I-1-278 on 7/1/2026
Effective 5/8/2018
78B-12-401.
Advisory committee created.
(1)
(a) There is created the advisory committee known as the "Child Support Guidelines Advisory Committee."
(b) As used in this part, "advisory committee" means the Child Support Guidelines Advisory Committee.
(c) The governor shall appoint the 11 members of the advisory committee as follows:
(i) one representative recommended by the Office of Recovery Services;
(ii) one representative recommended by the Judicial Council;
(iii) two representatives recommended by the Utah State Bar Association;
(iv) two representatives of noncustodial parents;
(v) two representatives of custodial parents;
(vi) one representative with expertise in economics; and
(vii) two representatives from diverse interests related to child support issues and who are not members of the Utah State Bar Association, as the governor may consider appropriate.
(2)
(a) The term of a member of the advisory committee is four years.
(b) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term of the member.
(c) The governor may appoint a member of the advisory committee to more than one term.
(3) Six members of the advisory committee constitute a quorum. The vote of a majority of a quorum present is an action of the advisory committee.
(4) The advisory committee shall elect two members to serve as cochairs of the advisory committee for a term of one year.
(5) The advisory committee shall meet at the time and place designated by the cochairs.
Amended by Chapter 21, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 4 - Advisory Committee › Section 402 - Duties -- Report -- Staff.

Affected by 63I-1-278 on 7/1/2026
Effective 5/3/2023
78B-12-402.
Duties -- Report -- Staff.
(1) The advisory committee shall review the child support guidelines to ensure the application of the guidelines results in the determination of appropriate child support award amounts.
(2) The advisory committee shall submit, in accordance with Section 68-3-14, a written report to the legislative Judiciary Interim Committee on or before October 1, 2021, and then on or before October 1 of every fourth year subsequently.
(3) The advisory committee's report shall include recommendations of the majority of the advisory committee, as well as specific recommendations of individual members of the advisory committee.
(4) Staff for the advisory committee shall be provided from the existing budget of the Department of Health and Human Services.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 4 - Advisory Committee › Section 403 - Expenses for per diem and travel.

Affected by 63I-1-278 on 7/1/2026
78B-12-403.
Expenses for per diem and travel.
A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(1) Section 63A-3-106;
(2) Section 63A-3-107; and
(3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Repealed and Re-enacted by Chapter 286, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 103 - Proceedings governed by other law.

78B-13-103.
Proceedings governed by other law.
(1) For purposes of this section, "adoption proceeding" means any proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act.
(2) This chapter does not govern:
(a) an adoption proceeding; or
(b) a proceeding pertaining to the authorization of emergency medical care for a child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 104 - Application to Indian tribes.

78B-13-104.
Application to Indian tribes.
(1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(2) A court of this state shall treat a tribe as a state of the United States for purposes of Part 1, General Provisions, and Part 2, Jurisdiction.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under the provisions of Part 3, Enforcement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 105 - International application of chapter.

78B-13-105.
International application of chapter.
(1) A court of this state shall treat a foreign country as a state of the United States for purposes of applying Part 1, General Provisions, and Part 2, Jurisdiction.
(2) A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under Part 3, Enforcement.
(3) The court need not apply the provisions of this chapter when the child custody law of the other country violates fundamental principles of human rights.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 106 - Binding force of child custody determination.

78B-13-106.
Binding force of child custody determination.
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 78B-13-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. The determination is conclusive as to them as to all decided issues of law and fact except to the extent the determination is modified.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 107 - Priority.

78B-13-107.
Priority.
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 108 - Notice to persons outside state.

78B-13-108.
Notice to persons outside state.
(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective.
(2) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 109 - Appearance and limited immunity.

78B-13-109.
Appearance and limited immunity.
(1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and is a responding party under Part 2, Jurisdiction, a party in a proceeding to modify a child custody determination under Part 2, Jurisdiction, or a petitioner in a proceeding to enforce or register a child custody determination under Part 3, Enforcement, may appear and participate in the proceeding without submitting to personal jurisdiction over the party for another proceeding or purpose.
(2) A party is not subject to personal jurisdiction in this state solely by being physically present for the purpose of participating in a proceeding under this chapter. If a party is subject to personal jurisdiction in this state on a basis other than physical presence, the party may be served with process in this state. If a party present in this state is subject to the jurisdiction of another state, service of process allowable under the laws of that state may be accomplished in this state.
(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 110 - Communication between courts.

78B-13-110.
Communication between courts.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(3) A communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of that communication.
(4) Except as provided in Subsection (3), a record shall be made of the communication. The parties shall be informed promptly of the communication and granted access to the record.
(5) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that which is stored in an electronic or other medium and is retrievable in perceivable form. A record includes notes or transcripts of a court reporter who listened to a conference call between the courts, an electronic recording of a telephone call, a memorandum or an electronic record of the communication between the courts, or a memorandum or an electronic record made by a court after the communication.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement Act › Part 1 - General Provisions › Section 111 - Taking testimony in another state.

78B-13-111.
Taking testimony in another state.
(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Renumbered and Amended by Chapter 3, 2008 General Session