1     
CHILD SUPPORT ACT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: Val K. Potter

6     

7     LONG TITLE
8     General Description:
9          This bill addresses child support requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "health care coverage";
13          ▸     addresses how health care coverage for medical expenses is treated for purposes of
14     child support; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          30-3-5.4, as enacted by Laws of Utah 2010, Chapter 285
23          30-3-35.1, as last amended by Laws of Utah 2017, Chapter 120
24          78B-12-102, as last amended by Laws of Utah 2015, Chapter 45
25          78B-12-212, as last amended by Laws of Utah 2010, Chapter 285
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 30-3-5.4 is amended to read:
29          30-3-5.4. Designation of primary and secondary health, dental, or hospital
30     insurance coverage.
31          (1) For purposes of this section, "health, hospital, or dental insurance plan" has the
32     same meaning as "health care insurance" as defined in Section 31A-1-301.
33          (2) (a) A decree of divorce rendered in accordance with Section 30-3-5, an order for
34     medical expenses rendered in accordance with Section 78B-12-212, and an administrative
35     order under Section 62A-11-326 shall, in accordance with Subsection (2)(b)(ii), designate
36     which parent's health, hospital, or dental insurance plan is primary coverage and which parent's
37     health, hospital, or dental insurance plan is secondary coverage for a dependent child.
38          (b) The provisions of the court order required by Subsection (2)(a) shall:
39          (i) take effect if at any time a dependent child is covered by both parents' health,
40     hospital, or dental insurance plans; and
41          (ii) include the following language:
42          "If, at any point in time, a dependent child is covered by the health, hospital, or dental
43     insurance plans of both parents, the health, hospital, or dental insurance plan of (Parent's
44     Name) shall be primary coverage for the dependent child and the health, hospital, or dental
45     insurance plan of (Other Parent's Name) shall be secondary coverage for the dependent child.
46     If a parent remarries and his or her dependent child is not covered by that parent's health,
47     hospital, or dental insurance plan but is covered by a step-parent's plan, the health, hospital, or
48     dental insurance plan of the step-parent shall be treated as if it is the plan of the remarried
49     parent and shall retain the same designation as the primary or secondary plan of the dependent
50     child."
51          (c) A decree of divorce or related court order may not modify the language required by
52     Subsection (2)(b)(ii).
53          (d) Notwithstanding Subsection (2)(c), a court may allocate the payment of medical
54     expenses including co-payments, deductibles, and co-insurance not covered by health insurance
55     between the parents in accordance with Subsections 30-3-5(1)(a) and 78B-12-212[(6)](7).
56          (3) In designating primary coverage pursuant to Subsection (2), a court may take into
57     account:
58          (a) the birth dates of the parents;
59          (b) a requirement in a court order, if any, for one of the parents to maintain health
60     insurance coverage for a dependent child;
61          (c) the parent with physical custody of the dependent child; or
62          (d) any other factor the court considers relevant.
63          Section 2. Section 30-3-35.1 is amended to read:
64          30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
65          (1) The optional parent-time schedule in this section applies to children 5 to 18 years of
66     age. This schedule is 145 overnights. Any impact on child support shall be consistent with
67     Subsection 78B-12-102[(14)](15).
68          (2) The parents and the court may consider the following increased parent-time
69     schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
70     following:
71          (a) the noncustodial parent has been actively involved in the child's life;
72          (b) the parties are able to communicate effectively regarding the child, or the
73     noncustodial parent has a plan to accomplish effective communications regarding the child;
74          (c) the noncustodial parent has the ability to facilitate the increased parent-time;
75          (d) the increased parent-time would be in the best interest of the child; and
76          (e) any other factor the court considers relevant.
77          (3) In determining whether a noncustodial parent has been actively involved in the
78     child's life, the court shall consider:
79          (a) demonstrated responsibility in caring for the child;
80          (b) involvement in day care;
81          (c) presence or volunteer efforts in the child's school and at extracurricular activities;
82          (d) assistance with the child's homework;
83          (e) involvement in preparation of meals, bath time, and bedtime for the child;
84          (f) bonding with the child; and
85          (g) any other factor the court considers relevant.
86          (4) In determining whether a noncustodial parent has the ability to facilitate the
87     increased parent-time, the court shall consider:
88          (a) the geographic distance between the residences of the parents and the distance
89     between the parents' residences and the child's school;
90          (b) the noncustodial parent's ability to assist with after school care;
91          (c) the health of the child and the noncustodial parent, consistent with Subsection
92     30-3-10(4);
93          (d) flexibility of employment or other schedule of the parent;
94          (e) ability to provide appropriate playtime with the child;
95          (f) history and ability of the parent to implement a flexible schedule for the child;
96          (g) physical facilities of the noncustodial parent's residence; and
97          (h) any other factor the court considers relevant.
98          (5) An election required to be made in accordance with this section by either parent
99     concerning parent-time shall be made a part of the decree and made a part of the parent-time
100     order. An election may only be changed by mutual agreement, court order, or by the
101     noncustodial parent in the event of a change in the child's schedule.
102          (6) If the parties agree or the court enters an order for the optional parent-time schedule
103     as set forth in this section, a parenting plan in compliance with Sections 30-3-10.7 through
104     30-3-10.10 shall be filed with any order incorporating the following optional parent-time
105     schedule:
106          (a) The noncustodial parent or the court may specify one weekday for parent-time. If
107     no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
108     following day when delivering the child to school, or until 8 a.m., if there is no school the
109     following day. Once the election of the weekday is made, it may only be changed in
110     accordance with Subsection (5). At the election of the noncustodial parent, weekday
111     parent-time may commence:
112          (i) from the time the child's school is regularly dismissed; or
113          (ii) if school is not in session, and the parent is available to be with the child, at
114     approximately 8 a.m., accommodating the custodial parent's work schedule.
115          (b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
116     shall be entitled to alternating weekends beginning on the first weekend after the entry of the
117     decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
118     if there is no school on Monday. At the election of the noncustodial parent, weekend
119     parent-time may commence:
120          (i) from the time the child's school is regularly dismissed on Friday; or
121          (ii) if school is not in session, and the parent is available to be with the child, at
122     approximately 8 a.m. on Friday, accommodating the custodial parent's work schedule.
123          (c) Subsections 30-3-35(2)(f) through (p) are incorporated into this section and
124     constitute the parent-time schedule with the exception that all instances that require the
125     noncustodial parent to return the child at any time after 6 p.m. be changed so that the
126     noncustodial parent is required to return the child to school the next morning or at 8 a.m., if
127     there is no school.
128          (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
129     parent may pick up the child if the custodial parent is aware of the identity of the individual,
130     and if the noncustodial parent will be with the child by 7 p.m.
131          (8) Weekends include any "snow" days, teacher development days, or other days when
132     school is not scheduled and that are contiguous to the weekend period.
133          (9) Holidays include any "snow" days, teacher development days after the child begins
134     the school year, or other days when school is not scheduled, contiguous to the holiday period,
135     and take precedence over weekend parent-time. Changes may not be made to the regular
136     rotation of the alternating weekend parent-time schedule.
137          (a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
138     the child's attendance at school for that school day.
139          (b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
140     period extends beyond that time so that the child is free from school and the parent is free from
141     work, the noncustodial parent shall be entitled to this lengthier holiday period.
142          (c) At the election of the noncustodial parent, parent-time over a scheduled holiday
143     weekend may begin from the time the child's school is dismissed at the beginning of the
144     holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
145     with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
146     a.m., accommodating the custodial parent's work schedule, unless the court directs the
147     application of Subsection (6)(a).
148          (10) Birthdays take precedence over holidays and extended parent-time, except
149     Mother's Day and Father's Day. Birthdays do not take precedence over uninterrupted
150     parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
151     extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
152     along for birthdays.
153          (11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
154     beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
155          (12) If there are children aged 5 to 18 and children under the age of five who are the
156     natural or adopted children of the parties, the parents and the court should consider an upward
157     deviation for parent-time with all the minor children so that parent-time is uniform based on a
158     schedule pursuant to this section.
159          Section 3. Section 78B-12-102 is amended to read:
160          78B-12-102. Definitions.
161          As used in this chapter:
162          (1) "Adjusted gross income" means income calculated under Subsection
163     78B-12-204(1).
164          (2) "Administrative agency" means the Office of Recovery Services or the Department
165     of Human Services.
166          (3) "Administrative order" means an order that has been issued by the Office of
167     Recovery Services, the Department of Human Services, or an administrative agency of another
168     state or other comparable jurisdiction with similar authority to that of the office.
169          (4) "Base child support award" means the award that may be ordered and is calculated
170     using the guidelines before additions for medical expenses and work-related child care costs.
171          (5) "Base combined child support obligation table," "child support table," "base child
172     support obligation table," "low income table," or "table" means the appropriate table in Part 3,
173     Tables.
174          (6) "Cash medical support" means an obligation to equally share all reasonable and
175     necessary medical and dental expenses of children.
176          (7) "Child" means:
177          (a) a son or daughter under the age of 18 years who is not otherwise emancipated,
178     self-supporting, married, or a member of the armed forces of the United States;
179          (b) a son or daughter over the age of 18 years, while enrolled in high school during the
180     normal and expected year of graduation and not otherwise emancipated, self-supporting,
181     married, or a member of the armed forces of the United States; or
182          (c) a son or daughter of any age who is incapacitated from earning a living and, if able
183     to provide some financial resources to the family, is not able to support self by own means.
184          (8) "Child support" means a base child support award, or a monthly financial award for
185     uninsured medical expenses, ordered by a tribunal for the support of a child, including current
186     periodic payments, [all] arrearages [which] that accrue under an order for current periodic
187     payments, and sum certain judgments awarded for arrearages, medical expenses, and child care
188     costs.
189          (9) "Child support order" or "support order" means a judgment, decree, or order of a
190     tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable,
191     whether incidental to a proceeding for divorce, judicial or legal separation, separate
192     maintenance, paternity, guardianship, civil protection, or otherwise [which] that:
193          (a) establishes or modifies child support;
194          (b) reduces child support arrearages to judgment; or
195          (c) establishes child support or registers a child support order under Chapter 14, Utah
196     Uniform Interstate Family Support Act.
197          (10) "Child support services" or "IV-D child support services" means services provided
198     pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. [Section] Sec. 651 et seq.
199          (11) "Court" means the district court or juvenile court.
200          (12) "Guidelines" means the directions for the calculation and application of child
201     support in Part 2, Calculation and Adjustment.
202          (13) "Health care coverage" means coverage under which medical services are
203     provided to a dependent child through:
204          (a) fee for service;
205          (b) a health maintenance organization;
206          (c) a preferred provider organization;
207          (d) any other type of private health insurance; or
208          (e) public health care coverage.
209          [(13)] (14) (a) "Income" means earnings, compensation, or other payment due to an
210     individual, regardless of source, whether denominated as wages, salary, commission, bonus,
211     pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
212     incentive pay.
213          (b) "Income" includes:
214          [(a)] (i) all gain derived from capital assets, labor, or both, including profit gained
215     through sale or conversion of capital assets;
216          [(b)] (ii) interest and dividends;
217          [(c)] (iii) periodic payments made under pension or retirement programs or insurance
218     policies of any type;
219          [(d)] (iv) unemployment compensation benefits;
220          [(e)] (v) workers' compensation benefits; and
221          [(f)] (vi) disability benefits.
222          [(14)] (15) "Joint physical custody" means the child stays with each parent overnight
223     for more than 30% of the year, and both parents contribute to the expenses of the child in
224     addition to paying child support.
225          [(15)] (16) "Medical expenses" means health and dental expenses and related insurance
226     costs.
227          [(16)] (17) "Obligee" means an individual, this state, another state, or another
228     comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of
229     child support or public assistance.
230          [(17)] (18) "Obligor" means [any] a person owing a duty of support.
231          [(18)] (19) "Office" means the Office of Recovery Services within the Department of
232     Human Services.
233          [(19)] (20) "Parent" includes a natural parent, or an adoptive parent.
234          [(20)] (21) "Split custody" means that each parent has physical custody of at least one
235     of the children.
236          [(21)] (22) "State" includes [any] a state, territory, possession of the United States, the
237     District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other
238     comparable domestic or foreign jurisdiction.
239          [(22)] (23) "Temporary" means a period of time that is projected to be less than 12
240     months in duration.
241          [(23)] (24) "Third party" means an agency or a person other than the biological or
242     adoptive parent or a child who provides care, maintenance, and support to a child.
243          [(24)] (25) "Tribunal" means the district court, the Department of Human Services,
244     Office of Recovery Services, or court or administrative agency of [any] a state, territory,
245     possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
246     Native American Tribe, or other comparable domestic or foreign jurisdiction.
247          [(25)] (26) "Work-related child care costs" means reasonable child care costs for up to
248     a full-time work week or training schedule as necessitated by the employment or training of a
249     parent under Section 78B-12-215.
250          [(26)] (27) "Worksheets" means the forms used to aid in calculating the base child
251     support award.
252          Section 4. Section 78B-12-212 is amended to read:
253          78B-12-212. Medical expenses.
254          (1) A child support order issued or modified in this state on or after July 1, 2018, shall
255     require compliance with this section as of the effective date of the child support order unless
256     the court makes specific findings as to good cause to deviate from the requirements of this
257     section.
258          [(1)] (2) (a) The court shall order that [insurance] health care coverage for the medical
259     expenses of [the minor children] a minor child be provided by a parent [if it is available at a
260     reasonable cost].
261          (b) The court shall order that a parent provide insurance for the medical expenses of a
262     minor child if insurance is available to that parent at a reasonable cost.
263          [(b)] (c) The court shall, in accordance with Section 30-3-5, designate which health,
264     hospital, or dental insurance plan is primary and which health, hospital, or dental insurance
265     plan is secondary if at any time a dependent child is covered by both parents' health, hospital,
266     or dental insurance plans.
267          [(2)] (3) In determining which parent shall be ordered to maintain insurance for
268     medical expenses, the court or administrative agency may consider the:
269          (a) reasonableness of the cost;
270          (b) availability of a group insurance policy;
271          (c) coverage of the policy; and
272          (d) preference of the custodial parent.
273          [(3)] (4) The order shall require each parent to share equally the out-of-pocket costs of
274     the premium actually paid by a parent for the [children's] child's portion of insurance unless the
275     court finds good cause to order otherwise.
276          [(4)] (5) The parent who provides the insurance coverage may receive credit against the
277     base child support award or recover the other parent's share of the [children's] child's portion of
278     the premium. [In cases in which] If the parent does not have insurance but another member of
279     the parent's household provides insurance coverage for the [children] child, the parent may
280     receive credit against the base child support award or recover the other parent's share of the
281     [children's] child's portion of the premium.
282          [(5)] (6) The [children's] child's portion of the premium is a per capita share of the
283     premium actually paid. The premium expense for [the children] a child shall be calculated by
284     dividing the premium amount by the number of persons covered under the policy and
285     multiplying the result by the number of children in the instant case.
286          [(6)] (7) The order shall, in accordance with Subsection 30-3-5(1)(b), include a cash
287     medical support provision that requires each parent to equally share all reasonable and
288     necessary uninsured and unreimbursed medical and dental expenses incurred for [the] a
289     dependent [children] child, including [but not limited to] deductibles and copayments unless
290     the court finds good cause to order otherwise.
291          [(7)] (8) The parent ordered to maintain insurance shall provide verification of
292     coverage to the other parent, or to the Office of Recovery Services under Title IV of the Social
293     Security Act, 42 U.S.C. [Section] Sec. 601 et seq., upon initial enrollment of the dependent
294     [children] child, and [thereafter] after initial enrollment on or before January 2 of each calendar
295     year. The parent shall notify the other parent, or the Office of Recovery Services under Title
296     IV of the Social Security Act, 42 U.S.C. [Section] Sec. 601 et seq., of any change of insurance
297     carrier, premium, or benefits within 30 calendar days of the date the parent first knew or should
298     have known of the change.
299          [(8)] (9) A parent who incurs medical expenses shall provide written verification of the
300     cost and payment of medical expenses to the other parent within 30 days of payment.
301          [(9)] (10) In addition to any other sanctions provided by the court, a parent incurring
302     medical expenses may be denied the right to receive credit for the expenses or to recover the
303     other parent's share of the expenses if that parent fails to comply with Subsections [(7)] (8) and
304     [(8)] (9).
305          Section 5. Effective date.
306          This bill takes effect on July 1, 2018.




Legislative Review Note
Office of Legislative Research and General Counsel