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H.B. 196 Enrolled

                 

DIVORCE AND PARENT-TIME REVISIONS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Chad E. Bennion

                  This act modifies provisions pertaining to parent-time and child support. It provides for a
                  minimum visitation schedule when a parent relocates, either by leaving the state or by
                  putting more than 150 miles between a noncustodial parent and a child. It also requires that
                  the Office of Recovery Services verify information received concerning nonpayment of
                  support before acting on a possibly unfounded allegation.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      30-3-37, as last amended by Chapter 255, Laws of Utah 2001
                      62A-11-104, as last amended by Chapter 161, Laws of Utah 2000
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 30-3-37 is amended to read:
                       30-3-37. Relocation.
                      (1) When either parent decides to move from the state of Utah or 150 miles or more from
                  the residence specified in the court's decree, that parent shall provide reasonable advance written
                  notice of the intended relocation to the other parent.
                      (2) The court may, upon motion of any party or upon the court's own motion, schedule a
                  hearing with notice to review the parent-time schedule as provided in Section 30-3-35 and make
                  appropriate orders regarding the parent-time and costs for parent-time transportation.
                      (3) In determining the parent-time schedule and allocating the transportation costs, the
                  court shall consider:
                      (a) the reason for the parent's relocation;
                      (b) the additional costs or difficulty to both parents in exercising parent-time;
                      (c) the economic resources of both parents; and
                      (d) other factors the court considers necessary and relevant.
                      (4) Upon the motion of any party, the court may order the parent intending to move to pay


                  the costs of transportation for:
                      (a) at least one visit per year with the other parent; and
                      (b) any number of additional visits as determined equitable by the court.
                      (5) Unless otherwise ordered by the court, upon the relocation of one of the parties the
                  following schedule shall be the minimum requirements for parent-time with a school-age child:
                      (a) in years ending in an odd number, the child shall spend the following holidays with the
                  noncustodial parent:
                      (i) Thanksgiving holiday beginning Wednesday until Sunday; and
                      (ii) the fall school break, if applicable, beginning the last day of school before the holiday
                  until the day before school resumes;
                      (b) in years ending in an even number, the child shall spend the following holidays with the
                  noncustodial parent:
                      (i) the entire winter school break period; and
                      (ii) Spring break beginning the last day of school before the holiday until the day before
                  school resumes; and
                      (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks.
                  The week before school begins may not be counted as part of the summer period.
                      [(5)] (6) Upon the motion of any party, the court may order uninterrupted parent-time with
                  the noncustodial parent for a minimum of 30 days during extended parent-time, [except if] unless
                  the court finds it is not in the best interests of the child. If the court orders uninterrupted parent-time
                  during a period not covered by this section, it shall specify in its order which parent is responsible
                  for the child's travel expenses.
                      (7) Unless otherwise ordered by the court the relocating party shall be responsible for all the
                  child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travel expenses
                  relating to Subsection (5)(c), provided the noncustodial party is current on all support obligations.
                  If the noncustodial party has been found in contempt for not being current on all support obligations,
                  he shall be responsible for all of the child's travel expenses under Subsection (5), unless the court
                  rules otherwise. Reimbursement by either responsible party to the other for the child's travel

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                  expenses shall be made within 30 days of receipt of documents detailing those expenses.
                      (8) The court may apply this provision to any preexisting decree of divorce.
                      (9) Any action under this section may be set for an expedited hearing.
                      Section 2. Section 62A-11-104 is amended to read:
                       62A-11-104. Duties of office.
                      The office has the following duties:
                      (1) to provide child support services if:
                      (a) the office has received an application for child support services;
                      (b) the state has provided public assistance; or
                      (c) a child lives out of the home in the protective custody, temporary custody, or custody or
                  care of the state or another party for at least 30 days;
                      (2) to carry out the obligations of the department contained in this chapter and in Title 78,
                  Chapters 45, Uniform Civil Liability for Support Act, Chapter 45a, Uniform Act on Paternity, and
                  Chapter 45f, Uniform Interstate Family Support Act, for the purpose of collecting child support;
                      (3) to recover public assistance provided to persons for which they were ineligible;
                      (4) to collect money due the department which could act to offset expenditures by the state;
                      (5) to cooperate with the federal government in programs designed to recover health and
                  social service funds;
                      (6) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, and
                  reimbursable expenses owed to the state or any of its political subdivisions, if the office has
                  contracted to provide collection services;
                      (7) to implement income withholding for collection of child support in accordance with Part
                  4 of this chapter;
                      (8) to enter into agreements with financial institutions doing business in the state to develop
                  and operate, in coordination with such financial institutions, a data match system in the manner
                  provided for in Section 62A-11-304.5 ;
                      (9) to establish and maintain the state case registry in the manner required by the Social
                  Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:

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                      (a) the amount of monthly or other periodic support owed under the order, and other
                  amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under the
                  order;
                      (b) any amount described in Subsection (9)(a) that has been collected;
                      (c) the distribution of collected amounts;
                      (d) the birth date of any child for whom the order requires the provision of support; and
                      (e) the amount of any lien imposed with respect to the order pursuant to this part;
                      (10) to contract with the Department of Workforce Services to establish and maintain the
                  new hire registry created under Section 35A-7-103 ;
                      (11) to determine whether an individual who has applied for or is receiving cash assistance
                  or Medicaid is cooperating in good faith with the office as required by Section 62A-11-307.2 ; [and]
                      (12) to finance any costs incurred from collections, fees, General Fund appropriation,
                  contracts, and federal financial participation[.]; and
                      (13) to provide notice to a noncustodial parent in accordance with Section 62A-11-304.4 of
                  the opportunity to contest the accuracy of allegations by a custodial parent of nonpayment of
                  past-due child support, prior to taking action against a noncustodial parent to collect the alleged
                  past-due support.

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