H.B. 13

1

CHILD SUPPORT REDUCTION FOR
2 EXTENDED VISITATION
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Margaret Dayton
6 AN ACT RELATING TO JUDICIAL CODE; ALTERING REQUIREMENTS FOR REDUCING
7 CHILD SUPPORT OBLIGATION DURING EXTENDED VISITATION.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-45-7.11, as last amended by Chapter 118, Laws of Utah 1994
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-45-7.11 is amended to read:
13 78-45-7.11. Reduction for extended visitation.
14 (1) For purposes of this section:
15 (a) "Off-track" means the period of time a child is on year-round school break.
16 (b) "On-track" means the period of time a child is not on break from year-round school.
17 [(1) The] (2) (a) Except as provided in Subsection (3), the child support order shall
18 provide that the base child support award be reduced by 50% for each child for a time [periods]
19 period during which the child is with the noncustodial parent by order of the court or by written
20 agreement of the parties for at least 25 of any 30 consecutive days.
21 (b) Normal visitation and holiday visits to the custodial parent shall not be considered an
22 interruption of the consecutive day requirement.
23 (3) (a) For each child enrolled in year-round school, the base child support shall be
24 reduced by 50% for one month for each child if the child is with the noncustodial parent for at least
25 20 days of off-track time in any 6-month period.
26 (b) The 20 days are not required to be consecutive and shall include winter recess for
27 Christmas and New Year's day, but not normal visitation or other holiday visitation days during

1 the time the child is on-track.
2 (c) No day the child is with the noncustodial parent may be counted towards the day
3 requirement of Subsections (1)(a) and (b) at the same time.
4 (4) If the dependent child is a recipient of Aid to Families with Dependent Children, any
5 agreement by the parties for reduction of child support during extended visitation shall be
6 approved by the administrative agency. [However, normal visitation and holiday visits to the
7 custodial parent shall not be considered an interruption of the consecutive day requirement.]
8 [(2)] (5) For purposes of this section, the per child amount to which the abatement applies
9 shall be calculated by dividing the base child support award by the number of children included
10 in the award.




Legislative Review Note
as of 11-20-96 3:17 PM

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.

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