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H.B. 165
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5 AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR A 10% CREDIT
6 TOWARD A NONCUSTODIAL PARENT'S MONTHLY CHILD SUPPORT OBLIGATION;
7 DELINEATING WHEN THE CREDIT MAY APPLY; h [
8 THAT MUST BE MET BEFORE THE CREDIT MAY APPLY h ; AND PROVIDING A
8a COORDINATION CLAUSE h .
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 78-45-7.22, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 78-45-7.22 is enacted to read:
14 78-45-7.22. Noncustodial parent's credit toward monthly child support obligation.
15 (1) A noncustodial parent is entitled to take up to a 10% credit toward the monthly child
16 support obligation each January and one month other than January of each year if the noncustodial
17 parent:
18 (a) provides notice to the custodial parent, and an employer, or other income withholding
19 entity if applicable, at least 30 days in advance of the due date for the monthly child support
20 obligation in the month the credit will apply;
21 (b) provides a monetary benefit to the child which is at least equal to the credit claimed;
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23 (c) provides an accounting of amounts expended on the child, including receipts or other
24 documentation to:
25 (i) the custodial parent on the due date for the monthly child support obligation in the
26 month the credit will apply; and
27 (ii) the employer, or other income withholding entity if applicable, 14 days before the
lilac-February 24, 1997
1 income withholding date in the month the credit will apply h [
1a SUPPORT OBLIGATIONS.
1b (2) THE EMPLOYER OR OTHER INCOME WITHHOLDING ENTITY SHALL PROVIDE WRITTEN
1c NOTICE TO THE OFFICE OF RECOVERY SERVICES WHICH SHALL CONTAIN:
1d (a) THE EMPLOYEE'S NAME;
1e (b) THE EMPLOYEE'S SOCIAL SECURITY NUMBER;
1f (c) THE CASE NUMBER;
1g (d) THE OBLIGEE'S NAME;
1h (e) THE AMOUNT OF CREDIT TO BE APPLIED TOWARD THE SUPPORT OBLIGATION FOR THAT
1i MONTH; AND
1j (f) THE REDUCED AMOUNT OF INCOME WITHHELD FOR SUPPORT IN ACCORDANCE WITH THE
1k PROVISIONS OF TITLE 62A, CHAPTER 11, PART 4 OR 5.
1l (3) THE REDUCED AMOUNT OF INCOME WITHHELD FOR SUPPORT PLUS THE AMOUNT OF THE
1m CREDIT TO BE APPLIED FOR THE MONTH SHALL BE EQUAL TO THE TOTAL SUPPORT AMOUNT
1n NORMALLY WITHHELD AND SENT TO THE OFFICE FOR THAT MONTH.
1o (4) THE OFFICE OF RECOVERY SERVICES SHALL NOT BE RESPONSIBLE FOR RESOLVING
1p DISPUTES BETWEEN CUSTODIAL AND NONCUSTODIAL PARENTS OVER ALLEGED PROBLEMS
1q CONCERNING THE ADEQUACY OF THE ADVANCE NOTICE FROM THE NONCUSTODIAL PARENT TO
1r THE CUSTODIAL PARENT, THE EMPLOYER, OR OTHER CONDITIONS OF THE CREDIT IN SUBSECTION
1s (1).
1t (5) THE OFFICE OF RECOVERY SERVICES SHALL NOT BE LIABLE UNDER ANY FEDERAL OR
1u STATE LAW TO ANY PERSON FOR GRANTING THE CREDIT IN SUBSECTION (1), UPON RECEIPT OF
1v NOTIFICATION FROM AN OBLIGOR, EMPLOYER, OR OTHER INCOME WITHHOLDING ENTITY THAT THE
1w CONDITIONS OF SUBSECTION (1) HAVE BEEN MET. h
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2a accumulated
3 during the period between months in which the credit is claimed, however, claims shall be honored
4 only during January and the one other month of each year as provided in Subsection (1).
4a h (7) AN OBLIGEE MAY NOT CHALLENGE THE NATURE OF THE EXPENDITURE MADE BY THE
4b OBLIGOR UNLESS THE COURT ORDERS AN ACCOUNTING OF EXPENDITURES BY BOTH PARTIES.
4c Section 2. Coordinating Clause.
4d IF THIS BILL AND H.B. 13, CHILD SUPPORT REDUCTION FOR EXTENDED VISITATION, BOTH h
lilac-February 24, 1997
4e h PASS, IT IS THE INTENT OF THE LEGISLATURE THAT SECTION 78-45-7.22 SHALL BE AMENDED IN
4f THIS BILL TO CONTAIN A NEW SUBSECTION AS FOLLOWS:
4g "(8) A NONCUSTODIAL PARENT MAY NOT TAKE THE CREDIT PERMITTED BY THIS SECTION
4h DURING THE SAME MONTH THE NONCUSTODIAL PARENT TAKES THE EXTENDED VISITATION
4i CREDIT PERMITTED BY SECTION 78-45-7.11." h
Legislative Review Note
as of 11-21-96 8:31 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Judiciary Interim Committee recommended this bill.