Download Zipped Introduced WP 9 HB0332.ZIP 4,851 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]

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 base child support award 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 base child support award by 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

[Bill Documents][Bills Directory]