H.B. 332

1

CHILD SUPPORT MODIFICATIONS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 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