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H.B. 332





Sponsor: Eric K. Hutchings

             5      This act modifies provisions relating to child support, providing for a reduction in the
             6      amount of child support when a child remains with the noncustodial parent for a certain
             7      length of time.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          78-45-7.11, as last amended by Chapter 255, Laws of Utah 2001
             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 parent-time.
             14          (1) [The] Unless otherwise ordered by the court, the child support order shall provide that
             15      the h [ base ] h h COMBINED h child support h [ award ] OBLIGATION h be reduced by:
             16          (a) 50% for each child for time periods during which the child is with the noncustodial
             17      parent [by order of the court or by written agreement of the parties] for at least 25 of any 30
             18      consecutive days of extended parent-time; or
             19          (b) 25% for each child for time periods during which the child is with the noncustodial
             20      parent for at least 14 of any 30 consecutive days of extended parent-time.
             21          (2) If the dependent child is a client of cash assistance provided under Title 35A, Chapter
             22      3, Part 3, Family Employment Program, any agreement by the parties for reduction of child support
             23      during extended parent-time shall be approved by the administrative agency. [However, normal]
             24          (3) Normal parent-time and holiday visits to the custodial parent shall not be considered
             25      [an interruption of the consecutive day requirement] extended parent-time.
             26          (4) The Office of Recovery Services shall make the appropriate reduction provided for in
             27      Subsection (1) after being notified that the extended parent-time has occurred. Either party may

             28      notify the office.
             29          [(2)] (5) For purposes of this section the per child amount to which the abatement applies
             30      shall be calculated by dividing the h [ base ] COMBINED h child support h [ award ] OBLIGATION h by
             30a      the number of children included
             31      in the award.
             32          [(3)] (6) The reduction in this section does not apply to parents with joint physical custody
             33      obligations calculated in accordance with Section 78-45-7.9 .

Legislative Review Note
    as of 2-6-02 8:15 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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