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 […]
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 […]
Effective 5/9/2017 78B-12-203. Determination of gross income — Imputed income. (1) As used in the guidelines, “gross income” includes prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, […]
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 […]
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 […]
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 […]
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
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 […]
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 […]
Effective 5/4/2022 78B-12-210. Application of guidelines — Use of ordered child support. (1) The guidelines in this chapter apply to any judicial or administrative order establishing or modifying an award of child support entered on or after July 1, 1989. (2) (a) The guidelines shall be applied as a rebuttable presumption in establishing or modifying […]
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, […]
Effective 5/4/2022 78B-12-212. Medical expenses. (1) A child support order issued or modified in this state on or after July 1, 2018, shall require compliance with this section as of the effective date of the child support order unless the court makes specific findings as to good cause to deviate from the requirements of this […]
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
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 […]
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 […]
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 […]
78B-12-216. Reduction for extended parent-time. (1) The base child support award shall be: (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 […]
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 […]
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 […]
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 […]
