2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill recodifies and amends statutes related to domestic relations.
10 Highlighted Provisions:
11 This bill:
12 ▸ recodifies Title 30, Husband and Wife, to Title 81, Utah Domestic Relations Code;
13 ▸ recodifies Title 78B, Chapter 12, Utah Child Support Act, to Title 81, Chapter 6,
14 Child Support;
15 ▸ defines terms;
16 ▸ clarifies provisions related to a claim of a creditor when the joint debtors divorce or
17 are living separately under an order of separate maintenance;
18 ▸ clarifies the validation of a marriage to an individual subject to chronic epileptic fits
19 who had not been sterilized;
20 ▸ clarifies the validation of an interracial marriage;
21 ▸ clarifies the validation of a marriage to an individual with acquired immune
22 deficiency syndrome or other sexually transmitted disease;
23 ▸ clarifies provisions regarding the rights and obligations during a marriage;
24 ▸ clarifies provisions regarding the dissolution of a marriage, including:
25 • an order for separate maintenance;
26 • an annulment; and
27 • a divorce;
28 ▸ clarifies provisions regarding child support, including:
29 • the requirements for a child support order;
30 • the general requirements for calculating child support; and
31 • the requirements for calculating child support for a sole physical custody case, a
32 joint physical custody case, and a split physical custody case;
33 ▸ clarifies provisions regarding custody, parent-time, and visitation;
34 ▸ repeals statutes related to domestic relations, including a statute on the appointment
35 of counsel for a child; and
36 ▸ makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 This bill provides a special effective date.
41 Utah Code Sections Affected:
42 AMENDS:
43 15-4-1, as last amended by Laws of Utah 2023, Chapter 327
44 15-4-6.5, as last amended by Laws of Utah 2000, Chapter 252
45 15-4-6.7, as last amended by Laws of Utah 2023, Chapter 327
46 17-16-21, as last amended by Laws of Utah 2022, Chapter 335
47 23A-4-1102, as last amended by Laws of Utah 2023, Chapter 327 and renumbered and
48 amended by Laws of Utah 2023, Chapter 103
49 26B-1-202, as last amended by Laws of Utah 2023, Chapter 302
50 26B-5-316, as renumbered and amended by Laws of Utah 2023, Chapter 308
51 26B-6-411, as renumbered and amended by Laws of Utah 2023, Chapter 308
52 26B-8-101, as last amended by Laws of Utah 2023, Chapter 306 and last amended by
53 Coordination Clause, Laws of Utah 2023, Chapter 306
54 26B-9-101, as last amended by Laws of Utah 2023, Chapter 305
55 26B-9-104, as renumbered and amended by Laws of Utah 2023, Chapter 305
56 26B-9-201, as renumbered and amended by Laws of Utah 2023, Chapter 305
57 26B-9-202, as renumbered and amended by Laws of Utah 2023, Chapter 305
58 26B-9-210, as renumbered and amended by Laws of Utah 2023, Chapter 305
59 26B-9-211, as renumbered and amended by Laws of Utah 2023, Chapter 305
60 26B-9-212, as renumbered and amended by Laws of Utah 2023, Chapter 305
61 26B-9-213, as renumbered and amended by Laws of Utah 2023, Chapter 305
62 26B-9-214, as renumbered and amended by Laws of Utah 2023, Chapter 305
63 26B-9-217, as renumbered and amended by Laws of Utah 2023, Chapter 305
64 26B-9-220, as renumbered and amended by Laws of Utah 2023, Chapter 305
65 26B-9-221, as renumbered and amended by Laws of Utah 2023, Chapter 305
66 26B-9-224, as renumbered and amended by Laws of Utah 2023, Chapter 305
67 26B-9-225, as renumbered and amended by Laws of Utah 2023, Chapter 305
68 26B-9-226, as renumbered and amended by Laws of Utah 2023, Chapter 305
69 26B-9-230, as renumbered and amended by Laws of Utah 2023, Chapter 305
70 26B-9-301, as renumbered and amended by Laws of Utah 2023, Chapter 305
71 26B-9-303, as renumbered and amended by Laws of Utah 2023, Chapter 305
72 26B-9-304, as renumbered and amended by Laws of Utah 2023, Chapter 305
73 26B-9-403, as renumbered and amended by Laws of Utah 2023, Chapter 305
74 26B-9-405, as renumbered and amended by Laws of Utah 2023, Chapter 305
75 26B-9-501, as renumbered and amended by Laws of Utah 2023, Chapter 305
76 31A-22-610.5, as last amended by Laws of Utah 2023, Chapter 327
77 35A-3-307, as last amended by Laws of Utah 2015, Chapter 221
78 51-9-408, as last amended by Laws of Utah 2021, Chapter 262
79 58-60-112, as last amended by Laws of Utah 2023, Chapter 139
80 63G-20-201, as enacted by Laws of Utah 2015, Chapter 46
81 63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
82 63I-2-278, as last amended by Laws of Utah 2023, Chapters 33 and 250
83 63M-15-204, as enacted by Laws of Utah 2021, Chapter 91
84 76-8-1201, as last amended by Laws of Utah 2015, Chapter 221
85 77-36-1, as last amended by Laws of Utah 2022, Chapters 185 and 430
86 77-38-615, as last amended by Laws of Utah 2023, Chapter 237
87 78A-2-301, as last amended by Laws of Utah 2023, Chapter 330
88 78A-5a-103 (Effective 10/01/24), as enacted by Laws of Utah 2023, Chapter 394
89 78A-6-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
90 78A-6-104, as last amended by Laws of Utah 2022, Chapter 335
91 78A-6-356, as last amended by Laws of Utah 2023, Chapter 330
92 78B-3-416, as last amended by Laws of Utah 2023, Chapter 139
93 78B-3-426, as last amended by Laws of Utah 2018, Chapter 440
94 78B-6-316, as renumbered and amended by Laws of Utah 2008, Chapter 3
95 78B-7-204, as last amended by Laws of Utah 2021, Chapter 262
96 78B-15-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
97 78B-15-113, as renumbered and amended by Laws of Utah 2008, Chapter 3
98 78B-15-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
99 78B-15-610, as last amended by Laws of Utah 2019, Chapter 188
100 78B-15-623, as renumbered and amended by Laws of Utah 2008, Chapter 3
101 78B-20-403, as last amended by Laws of Utah 2017, Chapter 224
102 78B-20-404, as last amended by Laws of Utah 2017, Chapter 224
103 80-2-906, as renumbered and amended by Laws of Utah 2022, Chapter 334
104 ENACTS:
105 63I-1-281, Utah Code Annotated 1953
106 63I-2-281, Utah Code Annotated 1953
107 81-1-101, Utah Code Annotated 1953
108 81-1-201, Utah Code Annotated 1953
109 81-1-202, Utah Code Annotated 1953
110 81-1-204, Utah Code Annotated 1953
111 81-2-101, Utah Code Annotated 1953
112 81-2-301, Utah Code Annotated 1953
113 81-2-401, Utah Code Annotated 1953
114 81-3-101, Utah Code Annotated 1953
115 81-4-101, Utah Code Annotated 1953
116 81-4-201, Utah Code Annotated 1953
117 81-4-301, Utah Code Annotated 1953
118 81-4-401, Utah Code Annotated 1953
119 81-4-402, Utah Code Annotated 1953
120 81-4-406, Utah Code Annotated 1953
121 81-4-501, Utah Code Annotated 1953
122 81-4-502, Utah Code Annotated 1953
123 81-4-503, Utah Code Annotated 1953
124 81-4-504, Utah Code Annotated 1953
125 81-5-101, Utah Code Annotated 1953
126 81-6-102, Utah Code Annotated 1953
127 81-6-201, Utah Code Annotated 1953
128 81-6-204, Utah Code Annotated 1953
129 81-6-205, Utah Code Annotated 1953
130 81-6-206, Utah Code Annotated 1953
131 81-6-207, Utah Code Annotated 1953
132 81-6-212, Utah Code Annotated 1953
133 81-6-213, Utah Code Annotated 1953
134 81-6-301, Utah Code Annotated 1953
135 81-6-401, Utah Code Annotated 1953
136 81-7-101, Utah Code Annotated 1953
137 81-8-101, Utah Code Annotated 1953
138 81-9-201, Utah Code Annotated 1953
139 81-9-301, Utah Code Annotated 1953
140 RENUMBERS AND AMENDS:
141 81-1-203, (Renumbered from 30-3-3, as last amended by Laws of Utah 2020, Chapter
142 142)
143 81-2-102, (Renumbered from 30-1-4.1, as enacted by Laws of Utah 2004, Chapter 261)
144 81-2-201, (Renumbered from 30-1-36, as last amended by Laws of Utah 2018, Chapter
145 347)
146 81-2-202, (Renumbered from 30-1-30, as last amended by Laws of Utah 2018, Chapter
147 347)
148 81-2-203, (Renumbered from 30-1-31, as enacted by Laws of Utah 1971, Chapter 64)
149 81-2-204, (Renumbered from 30-1-32, as last amended by Laws of Utah 2011, Chapter
150 297)
151 81-2-205, (Renumbered from 30-1-33, as last amended by Laws of Utah 2011, Chapter
152 297)
153 81-2-206, (Renumbered from 30-1-34, as last amended by Laws of Utah 2021, Chapter
154 91)
155 81-2-207, (Renumbered from 30-1-35, as last amended by Laws of Utah 2011, Chapter
156 297)
157 81-2-208, (Renumbered from 30-1-37, as last amended by Laws of Utah 2011, Chapter
158 297)
159 81-2-209, (Renumbered from 30-1-38, as enacted by Laws of Utah 1971, Chapter 64)
160 81-2-302, (Renumbered from 30-1-7, as last amended by Laws of Utah 2021, Chapter
161 305)
162 81-2-303, (Renumbered from 30-1-8, as last amended by Laws of Utah 2021, Chapter
163 305)
164 81-2-304, (Renumbered from 30-1-9, as last amended by Laws of Utah 2021, Chapter
165 305)
166 81-2-305, (Renumbered from 30-1-6, as last amended by Laws of Utah 2022, Chapter
167 444)
168 81-2-306, (Renumbered from 30-1-12, as last amended by Laws of Utah 2023, Chapter
169 327)
170 81-2-402, (Renumbered from 30-1-1, as last amended by Laws of Utah 2022, Chapter
171 217)
172 81-2-403, (Renumbered from 30-1-2, as last amended by Laws of Utah 2019, Chapters
173 300 and 317)
174 81-2-404, (Renumbered from 30-1-2.1, as enacted by Laws of Utah 1963, Chapter 41)
175 81-2-405, (Renumbered from 30-1-2.2, as last amended by Laws of Utah 1995, Chapter
176 20)
177 81-2-406, (Renumbered from 30-1-2.3, as last amended by Laws of Utah 1995, Chapter
178 20)
179 81-2-407, (Renumbered from 30-1-4, as last amended by Laws of Utah 2019, Chapter
180 300)
181 81-2-408, (Renumbered from 30-1-4.5, as last amended by Laws of Utah 2021, Chapter
182 186)
183 81-2-409, (Renumbered from 30-1-3, as repealed and reenacted by Laws of Utah 2022,
184 Chapter 217)
185 81-3-102, (Renumbered from 30-2-2, Utah Code Annotated 1953)
186 81-3-103, (Renumbered from 30-2-3, Utah Code Annotated 1953)
187 81-3-104, (Renumbered from 30-2-4, Utah Code Annotated 1953)
188 81-3-105, (Renumbered from 30-2-5, as last amended by Laws of Utah 2023, Chapter
189 327)
190 81-3-106, (Renumbered from 30-2-6, Utah Code Annotated 1953)
191 81-3-107, (Renumbered from 30-2-7, as last amended by Laws of Utah 2011, Chapter
192 297)
193 81-3-108, (Renumbered from 30-2-8, Utah Code Annotated 1953)
194 81-3-109, (Renumbered from 30-2-9, as last amended by Laws of Utah 2015, Chapter
195 457)
196 81-3-110, (Renumbered from 30-2-10, as last amended by Laws of Utah 1977, Chapter
197 122)
198 81-3-111, (Renumbered from 30-2-11, as last amended by Laws of Utah 2008, Chapters
199 3 and 382)
200 81-3-201, (Renumbered from 30-8-2, as enacted by Laws of Utah 1994, Chapter 105)
201 81-3-202, (Renumbered from 30-8-3, as last amended by Laws of Utah 2011, Chapter
202 297)
203 81-3-203, (Renumbered from 30-8-4, as enacted by Laws of Utah 1994, Chapter 105)
204 81-3-204, (Renumbered from 30-8-5, as enacted by Laws of Utah 1994, Chapter 105)
205 81-3-205, (Renumbered from 30-8-6, as enacted by Laws of Utah 1994, Chapter 105)
206 81-3-206, (Renumbered from 30-8-7, as enacted by Laws of Utah 1994, Chapter 105)
207 81-3-207, (Renumbered from 30-8-8, as enacted by Laws of Utah 1994, Chapter 105)
208 81-3-208, (Renumbered from 30-8-9, as enacted by Laws of Utah 1994, Chapter 105)
209 81-4-102, (Renumbered from 30-1-17.4, as enacted by Laws of Utah 1971, Chapter 65)
210 81-4-103, (Renumbered from 30-4a-1, as enacted by Laws of Utah 1983, Chapter 118)
211 81-4-104, (Renumbered from 30-3-4.5, as last amended by Laws of Utah 2010, Chapter
212 34)
213 81-4-105, (Renumbered from 30-3-11.4, as last amended by Laws of Utah 2022,
214 Chapter 272)
215 81-4-106, (Renumbered from 30-3-11.3, as last amended by Laws of Utah 2022,
216 Chapter 272)
217 81-4-202, (Renumbered from 30-4-1, as last amended by Laws of Utah 1993, Chapter
218 137)
219 81-4-203, (Renumbered from 30-4-2, as last amended by Laws of Utah 1977, Chapter
220 122)
221 81-4-204, (Renumbered from 30-4-3, as last amended by Laws of Utah 1991, Chapter
222 257)
223 81-4-205, (Renumbered from 30-4-4, Utah Code Annotated 1953)
224 81-4-206, (Renumbered from 30-4-5, as last amended by Laws of Utah 1977, Chapter
225 122)
226 81-4-302, (Renumbered from 30-1-17.1, as enacted by Laws of Utah 1971, Chapter 65)
227 81-4-303, (Renumbered from 30-1-17, as last amended by Laws of Utah 2019, Chapter
228 300)
229 81-4-403, (Renumbered from 30-3-39, as last amended by Laws of Utah 2008, Chapter
230 3)
231 81-4-404, (Renumbered from 30-3-5.2, as last amended by Laws of Utah 2022, Chapter
232 335)
233 81-4-405, (Renumbered from 30-3-1, as last amended by Laws of Utah 1997, Chapter
234 47)
235 81-6-101, (Renumbered from 78B-12-102, as last amended by Laws of Utah 2023,
236 Chapters 330 and 333)
237 81-6-103, (Renumbered from 78B-12-103, as renumbered and amended by Laws of
238 Utah 2008, Chapter 3)
239 81-6-104, (Renumbered from 78B-12-105, as renumbered and amended by Laws of
240 Utah 2008, Chapter 3)
241 81-6-105, (Renumbered from 78B-12-105.1, as enacted by Laws of Utah 2021,
242 Chapters 111 and 111)
243 81-6-106, (Renumbered from 78B-12-113, as last amended by Laws of Utah 2023,
244 Chapter 330)
245 81-6-107, (Renumbered from 78B-12-201, as renumbered and amended by Laws of
246 Utah 2008, Chapter 3)
247 81-6-108, (Renumbered from 78B-12-109, as renumbered and amended by Laws of
248 Utah 2008, Chapter 3)
249 81-6-109, (Renumbered from 78B-12-115, as renumbered and amended by Laws of
250 Utah 2008, Chapter 3)
251 81-6-110, (Renumbered from 78B-12-114, as renumbered and amended by Laws of
252 Utah 2008, Chapter 3)
253 81-6-202, (Renumbered from 78B-12-210, as last amended by Laws of Utah 2022,
254 Chapter 470)
255 81-6-203, (Renumbered from 78B-12-203, as last amended by Laws of Utah 2017,
256 Chapter 368)
257 81-6-208, (Renumbered from 78B-12-212, as last amended by Laws of Utah 2023,
258 Chapter 333)
259 81-6-209, (Renumbered from 78B-12-214, as renumbered and amended by Laws of
260 Utah 2008, Chapter 3)
261 81-6-210, (Renumbered from 78B-12-217, as renumbered and amended by Laws of
262 Utah 2008, Chapter 3)
263 81-6-211, (Renumbered from 78B-12-216, as last amended by Laws of Utah 2023,
264 Chapter 330)
265 81-6-214, (Renumbered from 78B-12-218, as renumbered and amended by Laws of
266 Utah 2008, Chapter 3)
267 81-6-302, (Renumbered from 78B-12-301, as last amended by Laws of Utah 2022,
268 Chapter 470)
269 81-6-303, (Renumbered from 78B-12-302, as last amended by Laws of Utah 2022,
270 Chapter 470)
271 81-6-304, (Renumbered from 78B-12-303, as enacted by Laws of Utah 2022, Chapter
272 470)
273 81-6-305, (Renumbered from 78B-12-304, as enacted by Laws of Utah 2022, Chapter
274 470)
275 81-6-402, (Renumbered from 78B-12-401, as last amended by Laws of Utah 2018,
276 Chapter 21)
277 81-6-403, (Renumbered from 78B-12-402, as last amended by Laws of Utah 2023,
278 Chapter 330)
279 81-6-404, (Renumbered from 78B-12-403, as repealed and reenacted by Laws of Utah
280 2010, Chapter 286)
281 81-7-102, (Renumbered from 78B-12-112, as last amended by Laws of Utah 2023,
282 Chapter 330)
283 81-7-103, (Renumbered from 30-3-3.5, as enacted by Laws of Utah 2020, Chapter 182)
284 81-9-101, (Renumbered from 30-3-10.1, as last amended by Laws of Utah 2023,
285 Chapter 44)
286 81-9-102, (Renumbered from 30-3-38, as last amended by Laws of Utah 2023, Chapter
287 327)
288 81-9-202, (Renumbered from 30-3-33, as last amended by Laws of Utah 2017, Chapter
289 224)
290 81-9-203, (Renumbered from 30-3-10.9, as last amended by Laws of Utah 2018,
291 Chapter 37)
292 81-9-204, (Renumbered from 30-3-10, as last amended by Laws of Utah 2023, Chapters
293 44 and 327)
294 81-9-205, (Renumbered from 30-3-10.2, as last amended by Laws of Utah 2019,
295 Chapter 188)
296 81-9-206, (Renumbered from 30-3-34, as last amended by Laws of Utah 2021, Chapter
297 399)
298 81-9-207, (Renumbered from 30-3-34.5, as last amended by Laws of Utah 2022,
299 Chapter 430)
300 81-9-208, (Renumbered from 30-3-10.4, as last amended by Laws of Utah 2023,
301 Chapter 44)
302 81-9-209, (Renumbered from 30-3-37, as last amended by Laws of Utah 2020, Chapter
303 354)
304 81-9-302, (Renumbered from 30-3-35, as last amended by Laws of Utah 2023, Chapter
305 437)
306 81-9-303, (Renumbered from 30-3-35.1, as last amended by Laws of Utah 2023,
307 Chapter 437)
308 81-9-304, (Renumbered from 30-3-35.5, as last amended by Laws of Utah 2023,
309 Chapter 437)
310 81-9-305, (Renumbered from 30-3-35.2, as enacted by Laws of Utah 2021, Chapter
311 399)
312 81-9-401, (Renumbered from 30-5-1, as last amended by Laws of Utah 2020, Chapter
313 48)
314 81-9-402, (Renumbered from 30-5a-103, as last amended by Laws of Utah 2022,
315 Chapters 185, 335, and 430)
316 81-9-403, (Renumbered from 30-5-2, as last amended by Laws of Utah 2022, Chapter
317 335)
318 81-9-404, (Renumbered from 30-5a-104, as enacted by Laws of Utah 2009, Chapter
319 108)
320 REPEALS:
321 26B-9-227, as renumbered and amended by Laws of Utah 2023, Chapter 305
322 30-1-5, as last amended by Laws of Utah 2011, Chapter 297
323 30-1-9.1, as enacted by Laws of Utah 2001, Chapter 129
324 30-1-10, as last amended by Laws of Utah 2019, Chapter 317
325 30-1-11, as last amended by Laws of Utah 2019, Chapter 420
326 30-1-13, as last amended by Laws of Utah 2019, Chapter 300
327 30-1-14, as last amended by Laws of Utah 2019, Chapter 300
328 30-1-15, as last amended by Laws of Utah 2001, Chapter 129
329 30-1-16, as last amended by Laws of Utah 2013, Chapter 108
330 30-1-17.2, as last amended by Laws of Utah 2008, Chapter 3
331 30-1-17.3, as last amended by Laws of Utah 2019, Chapter 300
332 30-3-2, Utah Code Annotated 1953
333 30-3-4, as last amended by Laws of Utah 2018, Chapter 470
334 30-3-5, as last amended by Laws of Utah 2023, Chapters 327 and 418
335 30-3-5.1, as last amended by Laws of Utah 2023, Chapter 327
336 30-3-5.4, as last amended by Laws of Utah 2023, Chapters 327 and 333
337 30-3-7, as last amended by Laws of Utah 2012, Chapter 404
338 30-3-8, as last amended by Laws of Utah 1988, Chapter 154
339 30-3-10.3, as last amended by Laws of Utah 2012, Chapter 271
340 30-3-10.5, as last amended by Laws of Utah 2023, Chapter 327
341 30-3-10.7, as last amended by Laws of Utah 2006, Chapter 287
342 30-3-10.8, as last amended by Laws of Utah 2023, Chapter 44
343 30-3-10.10, as enacted by Laws of Utah 2006, Chapter 287
344 30-3-10.17, as enacted by Laws of Utah 1997, Chapter 232
345 30-3-11.1, as enacted by Laws of Utah 1969, Chapter 72
346 30-3-11.2, as enacted by Laws of Utah 1969, Chapter 72
347 30-3-18, as last amended by Laws of Utah 2018, Chapter 470
348 30-3-32, as last amended by Laws of Utah 2022, Chapter 471
349 30-3-36, as last amended by Laws of Utah 2001, Chapter 255
350 30-5a-101, as last amended by Laws of Utah 2020, Chapter 48
351 30-5a-102, as last amended by Laws of Utah 2020, Chapter 48
352 30-8-1, as enacted by Laws of Utah 1994, Chapter 105
353 63I-1-230, as last amended by Laws of Utah 2021, Chapter 91
354 75-2b-101, as enacted by Laws of Utah 2012, Chapter 132
355 78B-12-101, as renumbered and amended by Laws of Utah 2008, Chapter 3
356 78B-12-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
357 78B-12-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
358 78B-12-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
359 78B-12-108, as renumbered and amended by Laws of Utah 2008, Chapter 3
360 78B-12-110, as renumbered and amended by Laws of Utah 2008, Chapter 3
361 78B-12-111, as last amended by Laws of Utah 2023, Chapter 330
362 78B-12-116, as renumbered and amended by Laws of Utah 2008, Chapter 3
363 78B-12-117, as renumbered and amended by Laws of Utah 2008, Chapter 3
364 78B-12-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
365 78B-12-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
366 78B-12-205, as last amended by Laws of Utah 2022, Chapter 470
367 78B-12-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
368 78B-12-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
369 78B-12-208, as last amended by Laws of Utah 2021, Chapter 399
370 78B-12-209, as renumbered and amended by Laws of Utah 2008, Chapter 3
371 78B-12-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
372 78B-12-212.1, as enacted by Laws of Utah 2021, Chapters 111 and 111
373 78B-12-213, as renumbered and amended by Laws of Utah 2008, Chapter 3
374 78B-12-215, as last amended by Laws of Utah 2013, Chapter 467
375 78B-12-219, as last amended by Laws of Utah 2021, Chapter 262
376
377 Be it enacted by the Legislature of the state of Utah:
378 Section 1. Section 15-4-1 is amended to read:
379 15-4-1. Definitions.
380 As used in this chapter:
381 (1) "Administrative agency" means the same as that term is defined in Section
382 81-6-101.
383 (2) "Minor child" means the same as that term is defined in Section 81-1-101.
384 [
385 [
386 [
387 [
388 imposed by:
389 (i) a public school as defined in Section 26B-2-401; or
390 (ii) a private school that provides education to students in any grade from kindergarten
391 through grade 12.
392 (b) "School fee" includes:
393 (i) an admission fee;
394 (ii) a transportation charge; or
395 (iii) a charge, deposit, rent, or other mandatory payment imposed by a third party in
396 connection with an activity or function sponsored by a school described in Subsection [
397 (6)(a).
398 [
399 [
400 the individual otherwise owes.
401 Section 2. Section 15-4-6.5 is amended to read:
402 15-4-6.5. Divorce or separate maintenance of co-obligors.
403 (1) On the entering of a decree of divorce or separate maintenance of joint debtors in
404 contract, the claim of a creditor remains unchanged unless otherwise provided by the contract
405 or until a new contract is entered into between the creditor and the debtors individually.
406 (2) In addition to the creditor's duties as a secured party under Title 70A, Chapter 9a,
407 Uniform Commercial Code - Secured Transactions, and the creditor's duties as a trustee or
408 beneficiary of a trust deed under Title 57, Chapter 1, Conveyances, a creditor[
409
410
411
412
413 other similar correspondence required by law or by the contract if:
414 (a) the creditor has been notified by service of a copy of a court order under Section
415 81-4-204 or 81-4-406 that the debtors are divorced or living separately under an order for
416 separate maintenance; and
417 (b) the creditor has been expressly advised of the separate and current addresses of the
418 debtors by the court order or by other written notice.
419 (3) (a) Except as provided in Subsection (3)(b), a creditor may:
420 (i) continue to make negative credit reports of joint debtors under Section 70C-7-107
421 [
422 (ii) report the repayment practices or credit history of joint debtors under Title 7,
423 Chapter 14, Credit Information Exchange.
424 (b) [
425 [
426 obligation, [
427 [
428 14, Credit Information Exchange, [
429 creditor is served notice of the court's order as required under Subsection (2), unless the
430 creditor has made a demand on the debtor for payment because of the failure to make payments
431 by the other debtor[
432 Section 3. Section 15-4-6.7 is amended to read:
433 15-4-6.7. Medical and miscellaneous expenses of a minor child -- Collection and
434 billing pursuant to court or administrative order of child support.
435 (1) When a court or an administrative agency enters an order that provides for the
436 payment of medical and dental expenses of a [
437
438 Section 26B-9-224 or 81-6-202, a provider who receives a copy of the order:
439 (a) at or before the time the provider renders medical or dental services to the minor
440 child [
441 share of the medical and dental expenses that the parent is required to pay under the order; or
442 (b) within 30 days after the day on which the provider renders the medical or dental
443 service to the minor child, may not:
444 (i) make a claim for unpaid medical and dental expenses against a parent who has paid
445 in full the share of the medical and dental expenses that the parent is required to pay under the
446 order; or
447 (ii) make a negative credit report under Section 70C-7-107, or a report of the debtor's
448 repayment practices or credit history under Title 7, Chapter 14, Credit Information Exchange,
449 regarding a parent who has paid in full the share of the medical and dental expenses that the
450 parent is required to pay under the order.
451 (2) (a) When a court enters an order that provides for the payment of school fees of a
452 minor child [
453 81-4-204 or in a divorce action under Section 81-4-406:
454 (i) a provider, who receives a copy of the order before the day on which the provider
455 first issues a bill for a school fee [
456 separately bill each parent for the share of the school fee that the parent is required to pay under
457 the order;
458 (ii) a provider, who receives a copy of the order, regardless of whether the provider
459 receives the copy before, on, or after the day on which the provider first issues a bill for the
460 school fee, may not make a negative credit report under Section 70C-7-107, or report of the
461 debtor's repayment practices or credit history under Title 7, Chapter 14, Credit Information
462 Exchange, regarding a parent who has paid in full the share of the school fee that the parent is
463 required to pay under the order; and
464 (iii) each parent is liable only for the share of the school fee that the parent is required
465 to pay under the order.
466 (b) A provider may bill a parent for the parent's share of a minor child's school fee
467 under an order described in Subsection (2)(a) regardless of whether the provider grants the
468 other parent a waiver for all or a portion of the other parent's share of the minor child's school
469 fee.
470 Section 4. Section 17-16-21 is amended to read:
471 17-16-21. Fees of county officers.
472 (1) As used in this section, "county officer" means a county officer enumerated in
473 Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
474 (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
475 (i) a fee established by the county legislative body under Section 17-53-211; and
476 (ii) any other fee authorized or required by law.
477 (b) As long as the Children's Legal Defense Account is authorized by Section
478 51-9-408, the county clerk shall:
479 (i) assess $10 in addition to whatever fee for a marriage license is established under
480 authority of this section; and
481 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
482 [
483 (c) (i) As long as the Division of Child and Family Services, created in Section
484 80-2-201, has the responsibility under Section 80-2-301 to provide services, including
485 temporary shelter, for victims of domestic violence, the county clerk shall:
486 (A) collect $10 in addition to whatever fee for a marriage license is established under
487 authority of this section and in addition to the amount described in Subsection (2)(b), if an
488 applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
489 (B) to the extent actually paid, transmit $10 from each marriage license fee to the
490 Division of Finance for distribution to the Division of Child and Family Services for the
491 operation of shelters for victims of domestic violence.
492 (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
493 to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
494 (B) An applicant for a marriage license may choose not to pay the additional $10
495 referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
496 marriage license.
497 (d) If a county operates an online marriage application system, the county clerk of that
498 county:
499 (i) may assess $20 in addition to the other fees for a marriage license established under
500 this section;
501 (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
502 license fee to the state treasurer for deposit annually as follows:
503 (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in Title
504 63M, Chapter 15, Utah Marriage Commission, as dedicated credits for the operation of the
505 Utah Marriage Commission; and
506 (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
507 (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
508 Subsection (2)(d) if both individuals seeking the marriage license certify that they have
509 completed premarital counseling or education in accordance with Section [
510 (3) This section does not apply to a fee currently being assessed by the state but
511 collected by a county officer.
512 Section 5. Section 23A-4-1102 is amended to read:
513 23A-4-1102. Issuance of license, permit, or tag prohibited for failure to pay child
514 support.
515 (1) As used in this section:
516 (a) "Child support" means the same as that term is defined in Section [
517 26B-9-101.
518 (b) "Delinquent on a child support obligation" means that:
519 (i) an individual owes at least $2,500 on an arrearage obligation of child support based
520 on an administrative or judicial order;
521 (ii) the individual has not obtained a judicial order staying enforcement of the
522 individual's obligation on the amount in arrears; and
523 (iii) the office has obtained a statutory judgment lien pursuant to Section 26B-9-214.
524 (c) "Office" means the Office of Recovery Services created in Section 26B-9-103.
525 (d) "Wildlife license agent" means a person authorized under Section 23A-4-501 to sell
526 a license, permit, or tag in accordance with this chapter.
527 (2) (a) An individual who is delinquent on a child support obligation may not apply for,
528 obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
529 the Wildlife Board under this title, or by an order or proclamation.
530 (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
531 tag in violation of Subsection (2)(a) violates Section 23A-4-1101.
532 (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
533 (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
534 violates Section 23A-5-309.
535 (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
536 until the office notifies the division that the individual who is delinquent on a child support
537 obligation has:
538 (i) paid the delinquency in full; or
539 (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
540 months with a payment schedule entered into with the office.
541 (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
542 (i) pay the current child support obligation in full each month; and
543 (ii) pays an additional amount as assessed by the office pursuant to Section 26B-9-219
544 towards the child support arrears.
545 (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
546 payment schedule described in Subsection (3)(b), the office may notify the division and the
547 individual is considered to be an individual who is delinquent on a child support obligation and
548 cannot obtain a new license, permit, or tag without complying with this Subsection (3).
549 (d) If an individual fails to comply with the payment schedule described in Subsection
550 (3)(b) for one month of the 12-month period because of a transition to new employment, the
551 individual may obtain a license, permit, or tag and is considered in compliance with this
552 Subsection (3) if the individual:
553 (i) provides the office with information regarding the individual's new employer within
554 30 days from the day on which the missed payment was due;
555 (ii) pays the missed payment within 30 days from the day on which the missed payment
556 was due; and
557 (iii) complies with the payment schedule for all other payments owed for child support
558 within the 12-month period.
559 (4) (a) The division or a wildlife license agent may not knowingly issue a license,
560 permit, or tag under this title to an individual identified by the office as delinquent on a child
561 support obligation until notified by the office that the individual has complied with Subsection
562 (3).
563 (b) The division is not required to hold or reserve a license, permit, or tag opportunity
564 withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
565 individual upon compliance with Subsection (3).
566 (c) The division may immediately reissue to another qualified person a license, permit,
567 or tag opportunity withheld from an individual identified by the office as delinquent on a child
568 support obligation pursuant to Subsection (4)(a).
569 (5) The office and division shall automate the process for the division or a wildlife
570 license agent to be notified whether an individual is delinquent on a child support obligation or
571 has complied with Subsection (3).
572 (6) The office is responsible to provide administrative or judicial review required
573 incident to the division issuing or denying a license, permit, or tag to an individual under
574 Subsection (4).
575 (7) The denial or withholding of a license, permit, or tag under this section is not a
576 suspension or revocation of license and permit privileges for purposes of:
577 (a) Section 23A-4-1106;
578 (b) Subsection 23A-5-311(1); and
579 (c) Section 23A-2-505.
580 (8) This section does not modify a court action to withhold, suspend, or revoke a
581 recreational license under Sections 26B-9-108 and 78B-6-315.
582 Section 6. Section 26B-1-202 is amended to read:
583 26B-1-202. Department authority and duties.
584 The department may, subject to applicable restrictions in state law and in addition to all
585 other authority and responsibility granted to the department by law:
586 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
587 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
588 desirable for providing health and social services to the people of this state;
589 (2) establish and manage client trust accounts in the department's institutions and
590 community programs, at the request of the client or the client's legal guardian or representative,
591 or in accordance with federal law;
592 (3) purchase, as authorized or required by law, services that the department is
593 responsible to provide for legally eligible persons;
594 (4) conduct adjudicative proceedings for clients and providers in accordance with the
595 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
596 (5) establish eligibility standards for the department's programs, not inconsistent with
597 state or federal law or regulations;
598 (6) take necessary steps, including legal action, to recover money or the monetary value
599 of services provided to a recipient who was not eligible;
600 (7) set and collect fees for the department's services;
601 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
602 or limited by law;
603 (9) acquire, manage, and dispose of any real or personal property needed or owned by
604 the department, not inconsistent with state law;
605 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
606 the proceeds thereof, may be credited to the program designated by the donor, and may be used
607 for the purposes requested by the donor, as long as the request conforms to state and federal
608 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
609 under guidelines established by the state treasurer;
610 (11) accept and employ volunteer labor or services; the department is authorized to
611 reimburse volunteers for necessary expenses, when the department considers that
612 reimbursement to be appropriate;
613 (12) carry out the responsibility assigned in the workforce services plan by the State
614 Workforce Development Board;
615 (13) carry out the responsibility assigned by Section [
616 respect to coordination of services for students with a disability;
617 (14) provide training and educational opportunities for the department's staff;
618 (15) collect child support payments and any other money due to the department;
619 (16) apply the provisions of [
620 Chapter 6, Child Support, to parents whose child lives out of the home in a department licensed
621 or certified setting;
622 (17) establish policy and procedures, within appropriations authorized by the
623 Legislature, in cases where the Division of Child and Family Services or the Division of
624 Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
625 Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
626 competent to proceed under Section 80-6-403, including:
627 (a) designation of interagency teams for each juvenile court district in the state;
628 (b) delineation of assessment criteria and procedures;
629 (c) minimum requirements, and timeframes, for the development and implementation
630 of a collaborative service plan for each minor placed in department custody; and
631 (d) provisions for submittal of the plan and periodic progress reports to the court;
632 (18) carry out the responsibilities assigned to the department by statute;
633 (19) examine and audit the expenditures of any public funds provided to a local
634 substance abuse authority, a local mental health authority, a local area agency on aging, and any
635 person, agency, or organization that contracts with or receives funds from those authorities or
636 agencies. Those local authorities, area agencies, and any person or entity that contracts with or
637 receives funds from those authorities or area agencies, shall provide the department with any
638 information the department considers necessary. The department is further authorized to issue
639 directives resulting from any examination or audit to a local authority, an area agency, and
640 persons or entities that contract with or receive funds from those authorities with regard to any
641 public funds. If the department determines that it is necessary to withhold funds from a local
642 mental health authority or local substance abuse authority based on failure to comply with state
643 or federal law, policy, or contract provisions, the department may take steps necessary to
644 ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
645 same as that term is defined in Section [
646 (20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies
647 and persons to provide intercountry adoption services;
648 (21) within legislative appropriations, promote and develop a system of care and
649 stabilization services:
650 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
651 (b) that encompasses the department, department contractors, and the divisions,
652 offices, or institutions within the department, to:
653 (i) navigate services, funding resources, and relationships to the benefit of the children
654 and families whom the department serves;
655 (ii) centralize department operations, including procurement and contracting;
656 (iii) develop policies that govern business operations and that facilitate a system of care
657 approach to service delivery;
658 (iv) allocate resources that may be used for the children and families served by the
659 department or the divisions, offices, or institutions within the department, subject to the
660 restrictions in Section 63J-1-206;
661 (v) create performance-based measures for the provision of services; and
662 (vi) centralize other business operations, including data matching and sharing among
663 the department's divisions, offices, and institutions;
664 (22) ensure that any training or certification required of a public official or public
665 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
666 22, State Training and Certification Requirements, if the training or certification is required:
667 (a) under this title;
668 (b) by the department; or
669 (c) by an agency or division within the department;
670 (23) enter into cooperative agreements with the Department of Environmental Quality
671 to delineate specific responsibilities to assure that assessment and management of risk to
672 human health from the environment are properly administered;
673 (24) consult with the Department of Environmental Quality and enter into cooperative
674 agreements, as needed, to ensure efficient use of resources and effective response to potential
675 health and safety threats from the environment, and to prevent gaps in protection from potential
676 risks from the environment to specific individuals or population groups;
677 (25) to the extent authorized under state law or required by federal law, promote and
678 protect the health and wellness of the people within the state;
679 (26) establish, maintain, and enforce rules authorized under state law or required by
680 federal law to promote and protect the public health or to prevent disease and illness;
681 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
682 affecting the public health;
683 (28) provide for the detection and reporting of communicable, infectious, acute,
684 chronic, or any other disease or health hazard which the department considers to be dangerous,
685 important, or likely to affect the public health;
686 (29) collect and report information on causes of injury, sickness, death, and disability
687 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
688 the state;
689 (30) collect, prepare, publish, and disseminate information to inform the public
690 concerning the health and wellness of the population, specific hazards, and risks that may affect
691 the health and wellness of the population and specific activities which may promote and protect
692 the health and wellness of the population;
693 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
694 communicable diseases affecting the public health;
695 (32) make necessary sanitary and health investigations and inspections in cooperation
696 with local health departments as to any matters affecting the public health;
697 (33) establish laboratory services necessary to support public health programs and
698 medical services in the state;
699 (34) establish and enforce standards for laboratory services which are provided by any
700 laboratory in the state when the purpose of the services is to protect the public health;
701 (35) cooperate with the Labor Commission to conduct studies of occupational health
702 hazards and occupational diseases arising in and out of employment in industry, and make
703 recommendations for elimination or reduction of the hazards;
704 (36) cooperate with the local health departments, the Department of Corrections, the
705 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
706 Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged
707 sexual offenders, convicted sexual offenders, and any victims of a sexual offense;
708 (37) investigate the causes of maternal and infant mortality;
709 (38) establish, maintain, and enforce a procedure requiring the blood of adult
710 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
711 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
712 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
713 information derived from the examinations is not used for a purpose other than the compilation
714 of these statistics;
715 (39) establish qualifications for individuals permitted to draw blood under Subsection
716 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi), and to
717 issue permits to individuals the department finds qualified, which permits may be terminated or
718 revoked by the department;
719 (40) establish a uniform public health program throughout the state which includes
720 continuous service, employment of qualified employees, and a basic program of disease
721 control, vital and health statistics, sanitation, public health nursing, and other preventive health
722 programs necessary or desirable for the protection of public health;
723 (41) conduct health planning for the state;
724 (42) monitor the costs of health care in the state and foster price competition in the
725 health care delivery system;
726 (43) establish methods or measures for health care providers, public health entities, and
727 health care insurers to coordinate among themselves to verify the identity of the individuals the
728 providers serve;
729 (44) designate Alzheimer's disease and related dementia as a public health issue and,
730 within budgetary limitations, implement a state plan for Alzheimer's disease and related
731 dementia by incorporating the plan into the department's strategic planning and budgetary
732 process;
733 (45) coordinate with other state agencies and other organizations to implement the state
734 plan for Alzheimer's disease and related dementia;
735 (46) ensure that any training or certification required of a public official or public
736 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
737 22, State Training and Certification Requirements, if the training or certification is required by
738 the agency or under this title, Title 26, Utah Health Code, or [
739
740 (47) oversee public education vision screening as described in Section 53G-9-404; and
741 (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
742 Alert.
743 Section 7. Section 26B-5-316 is amended to read:
744 26B-5-316. Responsibility for cost of care.
745 (1) The division shall estimate and determine, as nearly as possible, the actual expense
746 per annum of caring for and maintaining a patient in the state hospital, and that amount or
747 portion of that amount shall be assessed to and paid by the applicant, patient, spouse, parents,
748 child or children who are of sufficient financial ability to do so, or by the guardian of the
749 patient who has funds of the patient that may be used for that purpose.
750 (2) In addition to the expenses described in Subsection (1), parents are responsible for
751 the support of their child while the child is in the care of the state hospital [
752
753 Recovery Services and Administration of Child Support, and Title 81, Chapter 6, Child
754 Support.
755 Section 8. Section 26B-6-411 is amended to read:
756 26B-6-411. Parent liable for cost and support of minor -- Guardian liable for
757 costs.
758 (1) Parents of a person who receives services or support from the division, who are
759 financially responsible, are liable for the cost of the actual care and maintenance of that person
760 and for the support of the child in accordance with [
761
762 until the person reaches 18 years old.
763 (2) A guardian of a person who receives services or support from the division is liable
764 for the cost of actual care and maintenance of that person, regardless of his age, where funds
765 are available in the guardianship estate established on his behalf for that purpose. However, if
766 the person who receives services is a beneficiary of a trust created in accordance with Section
767 26B-6-412, or if the guardianship estate meets the requirements of a trust described in that
768 section, the trust income prior to distribution to the beneficiary, and the trust principal are not
769 subject to payment for services or support for that person.
770 (3) If, at the time a person who receives services or support from the division is
771 discharged from a facility or program owned or operated by or under contract with the division,
772 or after the death and burial of a resident of the developmental center, there remains in the
773 custody of the division or the superintendent any money paid by a parent or guardian for the
774 support or maintenance of that person, it shall be repaid upon demand.
775 Section 9. Section 26B-8-101 is amended to read:
776 26B-8-101. Definitions.
777 As used in this part:
778 (1) "Adoption document" means an adoption-related document filed with the office, a
779 petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
780 in support of a supplementary birth certificate.
781 (2) "Biological sex at birth" means an individual's sex, as being male or female,
782 according to distinct reproductive roles as manifested by sex and reproductive organ
783 anatomy, chromosomal makeup, and endogenous hormone profiles.
784 (3) "Certified nurse midwife" means an individual who:
785 (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a,
786 Nurse Midwife Practice Act; and
787 (b) has completed an education program regarding the completion of a certificate of
788 death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah
789 Administrative Rulemaking Act.
790 (4) "Custodial funeral service director" means a funeral service director who:
791 (a) is employed by a licensed funeral establishment; and
792 (b) has custody of a dead body.
793 (5) "Dead body" means a human body or parts of a human body from the condition of
794 which it reasonably may be concluded that death occurred.
795 (6) "Decedent" means the same as a dead body.
796 (7) "Dead fetus" means a product of human conception, other than those circumstances
797 described in Subsection 76-7-301(1):
798 (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
799 period began to the date of delivery; and
800 (b) that was not born alive.
801 (8) "Declarant father" means a male who claims to be the genetic father of a child, and,
802 along with the biological mother, signs a voluntary declaration of paternity to establish the
803 child's paternity.
804 (9) "Dispositioner" means:
805 (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
806 having the right and duty to control the disposition of the decedent, if the person voluntarily
807 acts as the dispositioner; or
808 (b) the next of kin of the decedent, if:
809 (i) (A) a person has not been designated as described in Subsection (9)(a); or
810 (B) the person described in Subsection (9)(a) is unable or unwilling to exercise the
811 right and duty described in Subsection (9)(a); and
812 (ii) the next of kin voluntarily acts as the dispositioner.
813 (10) "Fetal remains" means:
814 (a) an aborted fetus as that term is defined in Section 26B-2-232; or
815 (b) a miscarried fetus as that term is defined in Section 26B-2-233.
816 (11) "File" means the submission of a completed certificate or other similar document,
817 record, or report as provided under this part for registration by the state registrar or a local
818 registrar.
819 (12) "Funeral service director" means the same as that term is defined in Section
820 58-9-102.
821 (13) "Health care facility" means the same as that term is defined in Section
822 26B-2-201.
823 (14) "Health care professional" means a physician, physician assistant, nurse
824 practitioner, or certified nurse midwife.
825 (15) "Intersex individual" means an individual who:
826 (a) is born with external biological sex characteristics that are irresolvably ambiguous;
827 (b) is born with 46, XX chromosomes with virilization;
828 (c) is born with 46, XY chromosomes with undervirilization;
829 (d) has both ovarian and testicular tissue; or
830 (e) has been diagnosed by a physician, based on genetic or biochemical testing, with
831 abnormal:
832 (i) sex chromosome structure;
833 (ii) sex steroid hormone production; or
834 (iii) sex steroid hormone action for a male or female.
835 (16) "Licensed funeral establishment" means:
836 (a) if located in Utah, a funeral service establishment, as that term is defined in Section
837 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
838 (b) if located in a state, district, or territory of the United States other than Utah, a
839 funeral service establishment that complies with the licensing laws of the jurisdiction where the
840 establishment is located.
841 (17) "Live birth" means the birth of a child who shows evidence of life after the child is
842 entirely outside of the mother.
843 (18) "Local registrar" means a person appointed under Subsection 26B-8-102(3)(b).
844 (19) "Nurse practitioner" means an individual who:
845 (a) is licensed to practice as an advanced practice registered nurse under Title 58,
846 Chapter 31b, Nurse Practice Act; and
847 (b) has completed an education program regarding the completion of a certificate of
848 death developed by the department by administrative rule made in accordance with Title 63G,
849 Chapter 3, Utah Administrative Rulemaking Act.
850 (20) "Office" means the Office of Vital Records and Statistics within the department.
851 (21) "Physician" means a person licensed to practice as a physician or osteopath in this
852 state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
853 Osteopathic Medical Practice Act.
854 (22) "Physician assistant" means an individual who:
855 (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah
856 Physician Assistant Act; and
857 (b) has completed an education program regarding the completion of a certificate of
858 death developed by the department by administrative rule made in accordance with Title 63G,
859 Chapter 3, Utah Administrative Rulemaking Act.
860 (23) "Presumed father" means the same as that term is defined in Section 78B-15-102.
861 [
862
863 (24) "Registration" or "register" means acceptance by the local or state registrar of a
864 certificate and incorporation of the certificate into the permanent records of the state.
865 (25) "State registrar" means the state registrar of vital records appointed under Section
866 26B-8-102.
867 (26) "Vital records" means:
868 (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
869 dissolution of marriage, or annulment;
870 (b) amendments to any of the registered certificates or reports described in Subsection
871 (26)(a);
872 (c) an adoption document; and
873 (d) other similar documents.
874 (27) "Vital statistics" means the data derived from registered certificates and reports of
875 birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
876 marriage, or annulment.
877 Section 10. Section 26B-9-101 is amended to read:
878 26B-9-101. Definitions.
879 As used in this part:
880 (1) "Account" means a demand deposit account, checking or negotiable withdrawal
881 order account, savings account, time deposit account, or money-market mutual fund account.
882 (2) "Assistance" means public assistance.
883 [
884
885 [
886 (3) "Child" means the same as that term is defined in Section 81-6-101.
887 (4) (a) "Child support" means a base child support award as defined in Section
888 81-6-101, or a financial award for uninsured monthly medical expenses, ordered by a tribunal
889 for the support of a child, including current periodic payments, all arrearages that accrue under
890 an order for current periodic payments, and sum certain judgments awarded for arrearages,
891 medical expenses, and child care costs.
892 (b) "Child support" includes obligations ordered by a tribunal for the support of a
893 spouse or former spouse with whom the child resides if the spousal support is collected with
894 the child support.
895 (5) "Child support services" means services provided pursuant to Part D of Title IV of
896 the Social Security Act, 42 U.S.C. Sec. 651, et seq.
897 (6) "Director" means the director of the Office of Recovery Services.
898 [
899
900 [
901 (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit
902 Insurance Act, 12 U.S.C. Sec. 1813(c);
903 (b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
904 U.S.C. Sec. 1813(u);
905 (c) any federal credit union or state credit union as defined in the Federal Credit Union
906 Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as
907 defined in 12 U.S.C. Sec. 1786(r);
908 (d) a broker-dealer as defined in Section 61-1-13; or
909 (e) any benefit association, insurance company, safe deposit company, money-market
910 mutual fund, or similar entity authorized to do business in the state.
911 [
912 Financial Privacy Act of 1978, 12 U.S.C. Sec. 3401.
913 [
914 individual, regardless of source, whether denominated as wages, salary, commission, bonus,
915 pay, or contract payment, or denominated as advances on future wages, salary, commission,
916 bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
917 incentive pay.
918 (b) "Income" includes:
919 (i) all gain derived from capital assets, labor, or both, including profit gained through
920 sale or conversion of capital assets;
921 (ii) interest and dividends;
922 (iii) periodic payments made under pension or retirement programs or insurance
923 policies of any type;
924 (iv) unemployment compensation benefits;
925 (v) workers' compensation benefits; and
926 (vi) disability benefits.
927 [
928 651 et seq.
929 [
930 [
931 Section 35A-7-103.
932 [
933 jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or
934 public assistance.
935 [
936 owing money to this state, to an individual, to another state, or other comparable jurisdiction in
937 whose behalf this state is acting.
938 [
939 [
940
941 [
942 (a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
943 (b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
944 (c) foster care maintenance payments under Part E of Title IV of the Social Security
945 Act, 42 U.S.C. Sec. 670, et seq.;
946 (d) SNAP benefits as defined in Section 35A-1-102; or
947 (e) any other public funds expended for the benefit of a person in need of financial,
948 medical, food, housing, or related assistance.
949 [
950 by the office and the central, automated district court record system maintained by the
951 Administrative Office of the Courts, that contains records which use standardized data
952 elements, such as names, Social Security numbers and other uniform identification numbers,
953 dates of birth, and case identification numbers, with respect to:
954 (a) each case in which services are being provided by the office under the state IV-D
955 child support services plan; and
956 (b) each support order established or modified in the state on or after October 1, 1998.
957 Section 11. Section 26B-9-104 is amended to read:
958 26B-9-104. Duties of the Office of Recovery Services.
959 (1) The office has the following duties:
960 (a) except as provided in Subsection (2), to provide child support services if:
961 (i) the office has received an application for child support services;
962 (ii) the state has provided public assistance; or
963 (iii) a child lives out of the home in the protective custody, temporary custody, or
964 custody or care of the state;
965 (b) for the purpose of collecting child support, to carry out the obligations of the
966 department contained in:
967 (i) this chapter;
968 [
969 [
970 [
971 (iv) Title 81, Chapter 6, Child Support;
972 (c) to collect money due the department which could act to offset expenditures by the
973 state;
974 (d) to cooperate with the federal government in programs designed to recover health
975 and social service funds;
976 (e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
977 and reimbursable expenses owed to the state or any of its political subdivisions, if the office
978 has contracted to provide collection services;
979 (f) to implement income withholding for collection of child support in accordance with
980 Part 3, Income Withholding in IV-D Cases;
981 (g) to enter into agreements with financial institutions doing business in the state to
982 develop and operate, in coordination with such financial institutions, a data match system in the
983 manner provided for in Section 26B-9-208;
984 (h) to establish and maintain the state case registry in the manner required by the Social
985 Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
986 (i) the amount of monthly or other periodic support owed under the order, and other
987 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
988 the order;
989 (ii) any amount described in Subsection (1)(h)(i) that has been collected;
990 (iii) the distribution of collected amounts;
991 (iv) the birth date of any child for whom the order requires the provision of support;
992 and
993 (v) the amount of any lien imposed with respect to the order pursuant to this part;
994 (i) to contract with the Department of Workforce Services to establish and maintain the
995 new hire registry created under Section 35A-7-103;
996 (j) to determine whether an individual who has applied for or is receiving cash
997 assistance or Medicaid is cooperating in good faith with the office as required by Section
998 26B-9-213;
999 (k) to finance any costs incurred from collections, fees, General Fund appropriation,
1000 contracts, and federal financial participation; and
1001 (l) to provide notice to a noncustodial parent in accordance with Section 26B-9-207 of
1002 the opportunity to contest the accuracy of allegations by a custodial parent of nonpayment of
1003 past-due child support, prior to taking action against a noncustodial parent to collect the alleged
1004 past-due support.
1005 (2) The office may not provide child support services to the Division of Child and
1006 Family Services for a calendar month when the child to whom the child support services relate
1007 is:
1008 (a) in the custody of the Division of Child and Family Services; and
1009 (b) lives in the home of a custodial parent of the child for more than seven consecutive
1010 days, regardless of whether:
1011 (i) the greater than seven consecutive day period starts during one month and ends in
1012 the next month; and
1013 (ii) the child is living in the home on a trial basis.
1014 (3) The Division of Child and Family Services is not entitled to child support, for a
1015 child to whom the child support relates, for a calendar month when child support services may
1016 not be provided under Subsection (2).
1017 Section 12. Section 26B-9-201 is amended to read:
1018 26B-9-201. Definitions.
1019 As used in this part:
1020 (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
1021 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1022 (2) "Administrative order" means an order that has been issued by the office, the
1023 department, or an administrative agency of another state or other comparable jurisdiction with
1024 similar authority to that of the office.
1025 (3) "Arrears" means [
1026 (4) "Assistance" means public assistance as defined in Section 26B-9-101.
1027 [
1028 [
1029 [
1030
1031 [
1032
1033
1034 [
1035
1036 (5) "Cash medical support" means an obligation to equally share all reasonable and
1037 necessary medical and dental expenses of children.
1038 (6) "Child" means the same as that term is defined in Section 81-6-101.
1039 (7) "Child support" means the same as that term is defined in Section [
1040 26B-9-101.
1041 (8) "Child support guidelines" means [
1042 the same as that term is defined in Section 81-6-101.
1043 (9) "Child support order" means [
1044
1045 issued by a tribunal for child support and related costs and fees, interest and penalties, income
1046 withholding, attorney fees, and other relief.
1047 (10) "Child support services" means the same as that term is defined in Section
1048 26B-9-101.
1049 (11) "Court order" means a judgment or order of a tribunal of appropriate jurisdiction
1050 of this state, another state, Native American tribe, the federal government, or any other
1051 comparable jurisdiction.
1052 (12) "Director" means the director of the Office of Recovery Services.
1053 (13) "Disposable earnings" means [
1054
1055 amounts required by law to be withheld.
1056 [
1057 [
1058 means, on the request of another state, the identification by the office, through automatic data
1059 matches with financial institutions and other entities where assets may be found, of assets
1060 owned by persons who owe child support in the requesting state, and the seizure of the assets
1061 by the office, through levy or other appropriate processes.
1062 [
1063 [
1064 (16) "IV-D services" means services provided pursuant to Part D of Title IV of the
1065 Social Security Act, 42 U.S.C. Sec. 651, et seq.
1066 [
1067 adjudicative proceeding in accordance with Section 63G-4-201.
1068 [
1069 comparable jurisdiction to whom a duty of child support is owed, or who is entitled to
1070 reimbursement of child support or public assistance.
1071 [
1072 owing a duty of support to this state, to an individual, to another state, or other corporate
1073 jurisdiction in whose behalf this state is acting.
1074 [
1075 [
1076 the same as that term is defined in Section 81-1-101.
1077 [
1078 [
1079 subdivision, department, or office.
1080 [
1081 26B-9-101.
1082 [
1083 63G-4-103.
1084 [
1085 (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
1086 dental care of a [
1087 (b) a tribunal for the financial support of a spouse or former spouse with whom the
1088 obligor's [
1089 being enforced by the state.
1090 [
1091 [
1092 [
1093 Services, or court or administrative agency of any state, territory, possession of the United
1094 States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or
1095 other comparable domestic or foreign jurisdiction.
1096 Section 13. Section 26B-9-202 is amended to read:
1097 26B-9-202. Common-law and statutory remedies augmented by act -- Public
1098 policy.
1099 (1) The state of Utah, exercising its police and sovereign power, declares that the
1100 common-law and statutory remedies pertaining to family desertion and nonsupport of [
1101
1102 property resources of the responsible parents.
1103 (2) In order to render resources more immediately available to meet the needs of
1104 [
1105 addition to, and not in lieu of, existing law.
1106 (3) It is declared to be the public policy of this state that this part be liberally construed
1107 and administered to the end that children shall be maintained from the resources of responsible
1108 parents, thereby relieving or avoiding, at least in part, the burden often borne by the general
1109 citizenry through public assistance programs.
1110 Section 14. Section 26B-9-210 is amended to read:
1111 26B-9-210. Issuance or modification of an order to collect support for persons not
1112 receiving public assistance.
1113 The office may proceed to issue or modify an order under Section 26B-9-206 and
1114 collect under this part even though public assistance is not being provided on behalf of a
1115 [
1116 (1) an application for services provided under Title IV-D of the federal Social Security
1117 Act;
1118 (2) the continued service provisions of Subsection 26B-9-213(5); or
1119 (3) the interstate provisions of Section 26B-9-209.
1120 Section 15. Section 26B-9-211 is amended to read:
1121 26B-9-211. Mandatory review and adjustment of child support orders for TANF
1122 recipients.
1123 If a child support order has not been issued, adjusted, or modified within the previous
1124 three years and the children who are the subject of the order currently receive TANF funds, the
1125 office shall review the order, and if appropriate, move the tribunal to adjust the amount of the
1126 order if there is a difference of 10% or more between the payor's ordered support amount and
1127 the payor's support amount required under the child support guidelines.
1128 Section 16. Section 26B-9-212 is amended to read:
1129 26B-9-212. Collection directly from responsible parent.
1130 (1) (a) The office may issue or modify an order under Section 26B-9-206 and collect
1131 under this part directly from a responsible parent if the procedural requirements of applicable
1132 law have been met and if public assistance is provided on behalf of that parent's [
1133 child.
1134 (b) The direct right to issue an order under this Subsection (1) is independent of and in
1135 addition to the right derived from that assigned under Section 35A-3-108.
1136 (2) An order issuing or modifying a support obligation under Subsection (1), issued
1137 while public assistance was being provided for a [
1138 be enforced by the office under Section 26B-9-210 after provision of public assistance ceases.
1139 (3) (a) The office may issue or modify an administrative order, subject to the
1140 procedural requirements of applicable law, that requires that obligee to pay to the office
1141 assigned support that an obligee receives and retains in violation of Subsection 26B-9-213(4)
1142 and may reduce to judgment any unpaid balance due.
1143 (b) The office may collect the judgment debt in the same manner as it collects any
1144 judgment for past-due support owed by an obligor.
1145 (4) Notwithstanding any other provision of law, the Office of Recovery Services shall
1146 have full standing and authority to establish and enforce child support obligations against an
1147 alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of
1148 Recovery Services' authority against other mothers and fathers.
1149 Section 17. Section 26B-9-213 is amended to read:
1150 26B-9-213. Duties of obligee after assignment of support rights.
1151 (1) An obligee whose rights to support have been assigned under Section 35A-3-108 as
1152 a condition of eligibility for public assistance has the following duties:
1153 (a) Unless a good cause or other exception applies, the obligee shall, at the request of
1154 the office:
1155 (i) cooperate in good faith with the office by providing the name and other identifying
1156 information of the other parent of the obligee's child for the purpose of:
1157 (A) establishing paternity; or
1158 (B) establishing, modifying, or enforcing a child support order;
1159 (ii) supply additional necessary information and appear at interviews, hearings, and
1160 legal proceedings; and
1161 (iii) submit the obligee's child and himself to judicially or administratively ordered
1162 genetic testing.
1163 (b) The obligee may not commence an action against an obligor or file a pleading to
1164 collect or modify support without the office's written consent.
1165 (c) The obligee may not do anything to prejudice the rights of the office to establish
1166 paternity, enforce provisions requiring health insurance, or to establish and collect support.
1167 (d) The obligee may not agree to allow the obligor to change the court or
1168 administratively ordered manner or amount of payment of past, present, or future support
1169 without the office's written consent.
1170 (2) (a) The office shall determine and redetermine, when appropriate, whether an
1171 obligee has cooperated with the office as required by Subsection (1)(a).
1172 (b) If the office determines that an obligee has not cooperated as required by
1173 Subsection (1)(a), the office shall:
1174 (i) forward the determination and the basis for it to the Department of Workforce
1175 Services, which shall inform the department of the determination, for a determination of
1176 whether compliance by the obligee should be excused on the basis of good cause or other
1177 exception; and
1178 (ii) send to the obligee:
1179 (A) a copy of the notice; and
1180 (B) information that the obligee may, within 15 days of notice being sent:
1181 (I) contest the office's determination of noncooperation by filing a written request for
1182 an adjudicative proceeding with the office; or
1183 (II) assert that compliance should be excused on the basis of good cause or other
1184 exception by filing a written request for a good cause exception with the Department of
1185 Workforce Services.
1186 (3) The office's right to recover is not reduced or terminated if an obligee agrees to
1187 allow the obligor to change the court or administratively ordered manner or amount of payment
1188 of support regardless of whether that agreement is entered into before or after public assistance
1189 is furnished on behalf of a [
1190 (4) (a) If an obligee receives direct payment of assigned support from an obligor, the
1191 obligee shall immediately deliver that payment to the office.
1192 (b) (i) If an obligee agrees with an obligor to receive payment of support other than in
1193 the court or administratively ordered manner and receives payment as agreed with the obligor,
1194 the obligee shall immediately deliver the cash equivalent of the payment to the office.
1195 (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i)
1196 exceeds the amount of the court or administratively ordered support due, the office shall return
1197 the excess to the obligee.
1198 (5) (a) If public assistance furnished on behalf of a [
1199 office may continue to provide paternity establishment and support collection services.
1200 (b) Unless the obligee notifies the office to discontinue these services, the obligee is
1201 considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who
1202 has applied for those services.
1203 Section 18. Section 26B-9-214 is amended to read:
1204 26B-9-214. Liens by operation of law and writs of garnishment.
1205 (1) Each payment or installment of child support is, on and after the date it is due, a
1206 judgment with the same attributes and effect of any judgment of a district court in accordance
1207 with Section [
1208 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
1209 lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
1210 district court where the obligor's real property is located if the notice:
1211 (i) specifies the amount of past-due support; and
1212 (ii) complies with the procedural requirements of Section 78B-5-202.
1213 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
1214 execute a judgment or final administrative order under this section against real or personal
1215 property in the obligor's possession.
1216 (3) (a) The office may issue a writ of garnishment against the obligor's personal
1217 property in the possession of a third party for a judgment under Subsection (1) or a final
1218 administrative order in the same manner and with the same effect as if the writ were issued on
1219 a judgment of a district court if:
1220 (i) the judgment or final administrative order is recorded on the office's automated case
1221 registry; and
1222 (ii) the writ is signed by the director or the director's designee and served by certified
1223 mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
1224 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
1225 and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
1226 provided by Section 26B-9-217.
1227 Section 19. Section 26B-9-217 is amended to read:
1228 26B-9-217. Requirement to honor voluntary assignment of earnings -- Discharge
1229 of employee prohibited -- Liability for discharge -- Earnings subject to support lien or
1230 garnishment.
1231 (1) (a) Every person, firm, corporation, association, political subdivision, or
1232 department of the state shall honor, according to its terms, a duly executed voluntary
1233 assignment of earnings which is presented by the office as a plan to satisfy or retire a support
1234 debt or obligation.
1235 (b) The requirement to honor an assignment of earnings, and the assignment of
1236 earnings itself, are applicable whether the earnings are to be paid presently or in the future, and
1237 continue in effect until released in writing by the office.
1238 (c) Payment of money pursuant to an assignment of earnings presented by the office
1239 shall serve as full acquittance under any contract of employment, and the state shall defend the
1240 employer and hold the employer harmless for any action taken pursuant to the assignment of
1241 earnings.
1242 (d) The office shall be released from liability for improper receipt of money under an
1243 assignment of earnings upon return of any money so received.
1244 (2) An employer may not discharge or prejudice any employee because the employee's
1245 earnings have been subjected to support lien, wage assignment, or garnishment for any
1246 indebtedness under this part.
1247 (3) If an employer discharges an employee in violation of Subsection (2), the employer
1248 is liable to the employee for the damages the employee may suffer, and, additionally, to the
1249 office in an amount equal to the debt which is the basis of the assignment or garnishment, plus
1250 costs, interest, and attorney fees, or a maximum of $1,000, whichever is less.
1251 (4) The maximum part of the aggregate disposable earnings of an individual for any
1252 work pay period which may be subjected to a garnishment to enforce payment of a judicial or
1253 administrative judgment arising out of failure to support [
1254 50% of the individual's disposable earnings for the work pay period.
1255 (5) The support lien or garnishment shall continue to operate and require the employer
1256 to withhold the nonexempt portion of earnings at each succeeding earnings disbursement
1257 interval until released in writing by the court or office.
1258 Section 20. Section 26B-9-220 is amended to read:
1259 26B-9-220. Review and adjustment of child support order in three-year cycle --
1260 Substantial change in circumstances not required.
1261 (1) If a child support order has not been issued, modified, or reviewed within the
1262 previous three years, the office shall review a child support order, taking into account the best
1263 interests of the child involved, if:
1264 (a) requested by a parent or legal guardian involved in a case receiving IV-D services;
1265 or
1266 (b) there has been an assignment under Section 35A-3-108 and the office determines
1267 that a review is appropriate.
1268 (2) (a) If the office conducts a review under Subsection (1), the office shall determine
1269 if there is a difference of 10% or more between the amount ordered and the amount that would
1270 be required under the child support guidelines.
1271 (b) If there is such a difference and the difference is not of a temporary nature, the
1272 office shall:
1273 [
1274 amount to that which is provided for in the child support guidelines; or
1275 [
1276
1277 for in the child support guidelines.
1278 (3) The office may use automated methods to:
1279 (a) collect information and conduct reviews under Subsection (2); and
1280 (b) identify child support orders in which there is a difference of 10% or more between
1281 the amount of child support ordered and the amount that would be required under the child
1282 support guidelines for review under Subsection (1)(b).
1283 (4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
1284 provide notice of the request to the other parent within five days and in accordance with
1285 Section 26B-9-207.
1286 (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
1287 provide notice to the parties of:
1288 (i) a proposed adjustment under Subsection [
1289 (ii) a proposed [
1290 (2)(b)(ii).
1291 (5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
1292 guardian may respond to a request for review filed with the office.
1293 (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal
1294 guardian may contest a proposed adjustment or petition by requesting a review under
1295 Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
1296 (6) A showing of a substantial change in circumstances is not necessary for an
1297 adjustment under this section.
1298 Section 21. Section 26B-9-221 is amended to read:
1299 26B-9-221. Review and adjustment of support order for substantial change in
1300 circumstances outside three-year cycle.
1301 (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
1302 office, if there has been an assignment under Section 35A-3-108, may at any time request the
1303 office to review a child support order if there has been a substantial change in circumstances.
1304 (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
1305 include:
1306 (i) material changes in custody;
1307 (ii) material changes in the relative wealth or assets of the parties;
1308 (iii) material changes of 30% or more in the income of a parent;
1309 (iv) material changes in the ability of a parent to earn;
1310 (v) material changes in the medical needs of the child; and
1311 (vi) material changes in the legal responsibilities of either parent for the support of
1312 others.
1313 (2) (a) Upon receiving a request under Subsection (1), the office shall review the order,
1314 taking into account the best interests of the child involved, to determine whether the substantial
1315 change in circumstance has occurred, and if so, whether the change resulted in a difference of
1316 15% or more between the amount of child support ordered and the amount that would be
1317 required under the child support guidelines.
1318 (b) If there is such a difference and the difference is not of a temporary nature, the
1319 office shall:
1320 [
1321 amount in accordance with the child support guidelines; or
1322 [
1323 with the court to adjust the amount in accordance with the child support guidelines.
1324 (3) The office may use automated methods to collect information for a review
1325 conducted under Subsection (2).
1326 (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
1327 provide notice of the request to the other parent within five days and in accordance with
1328 Section 26B-9-207.
1329 (b) If the office initiates and conducts a review under Subsection (1), the office shall
1330 provide notice of the request to any parent or legal guardian within five days and in accordance
1331 with Section 26B-9-207.
1332 (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
1333 may file a response to a request for review with the office.
1334 Section 22. Section 26B-9-224 is amended to read:
1335 26B-9-224. Medical and dental expenses of a child -- Health insurance for a child.
1336 (1) As used in this section, "health insurance" means the same as that term is defined in
1337 Section 31A-1-301.
1338 (2) In any action under this part, the office and the department in their orders shall
1339 include:
1340 [
1341 [
1342 [
1343 [
1344 [
1345 [
1346 plan[
1347 [
1348 covered by both parents' [
1349 Section 23. Section 26B-9-225 is amended to read:
1350 26B-9-225. Enrollment of child in accident and health insurance plan -- Order --
1351 Notice.
1352 (1) The office may issue a notice to existing and future employers or unions to enroll a
1353 [
1354 [
1355 are satisfied:
1356 (a) the parent or legal guardian is already required to obtain insurance coverage for the
1357 child by a prior court or administrative order; and
1358 (b) the parent or legal guardian has failed to provide written proof to the office that:
1359 (i) the child has been enrolled in an accident and health insurance plan in accordance
1360 with the court or administrative order; or
1361 (ii) the coverage required by the order was not available at group rates through the
1362 employer or union 30 or more days prior to the date of the mailing of the notice to enroll.
1363 (2) The office shall provide concurrent notice to the parent or legal guardian in
1364 accordance with Section 26B-9-207 of:
1365 (a) the notice to enroll sent to the employer or union; and
1366 (b) the opportunity to contest the enrollment due to a mistake of fact by filing a written
1367 request for an adjudicative proceeding with the office within 15 days of the notice being sent.
1368 (3) A notice to enroll shall result in the enrollment of the child in the parent's accident
1369 and health insurance plan, unless the parent successfully contests the notice based on a mistake
1370 of fact.
1371 (4) A notice to enroll issued under this section may be considered a "qualified medical
1372 support order" for the purposes of enrolling a [
1373 insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
1374 of 1974.
1375 Section 24. Section 26B-9-226 is amended to read:
1376 26B-9-226. Compliance with order -- Enrollment of child for insurance.
1377 (1) An employer or union shall comply with a notice to enroll issued by the office
1378 under Section 26B-9-225 by enrolling the [
1379 the:
1380 (a) accident and health insurance plan in which the parent or legal guardian is enrolled,
1381 if the plan satisfies the prior court or administrative order; or
1382 (b) least expensive plan, assuming equivalent benefits, offered by the employer or
1383 union that complies with the prior court or administrative order which provides coverage that is
1384 reasonably accessible to the [
1385 (2) The employer, union, or insurer may not refuse to enroll a [
1386 pursuant to a notice to enroll because a parent or legal guardian has not signed an enrollment
1387 application.
1388 (3) Upon enrollment of the [
1389 appropriate premiums from the parent or legal guardian's wages and remit [
1390 directly to the insurer.
1391 (4) The insurer shall provide proof of insurance to the office upon request.
1392 (5) The signature of the custodial parent of the insured [
1393 authorization to the insurer for purposes of processing any insurance reimbursement claim.
1394 Section 25. Section 26B-9-230 is amended to read:
1395 26B-9-230. Right to judicial review.
1396 (1) (a) Within 30 days of notice of any administrative action on the part of the office to
1397 establish paternity or establish, modify or enforce a child support order, the obligor may file a
1398 petition for de novo review with the district court.
1399 (b) For purposes of Subsection (1)(a), notice includes:
1400 (i) notice actually received by the obligor in accordance with Section 26B-9-207;
1401 (ii) participation by the obligor in the proceedings related to the establishment of the
1402 paternity or the modification or enforcement of child support; or
1403 (iii) receiving a paycheck in which a reduction has been made for child support.
1404 (2) The petition shall name the office and all other appropriate parties as respondents
1405 and meet the form requirements specified in Section 63G-4-402.
1406 (3) A copy of the petition shall be served upon the Child and Family Support Division
1407 of the Office of Attorney General.
1408 (4) (a) If the petition is regarding the amount of the child support obligation established
1409 in accordance with [
1410 Support, the court may issue a temporary order for child support until a final order is issued.
1411 (b) The petitioner may file an affidavit stating the amount of child support reasonably
1412 believed to be due and the court may issue a temporary order for that amount. The temporary
1413 order shall be valid for 60 days, unless extended by the court while the action is being pursued.
1414 (c) If the court upholds the amount of support established in Subsection (4)(a), the
1415 petitioner shall be ordered to make up the difference between the amount originally ordered in
1416 Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
1417 (d) This Subsection (4) does not apply to an action for the court-ordered modification
1418 of a judicial child support order.
1419 (5) (a) The court may, on its own initiative and based on the evidence before it,
1420 determine whether the petitioner violated [
1421 Procedure by filing the action.
1422 (b) If the court determines that [
1423 Procedure was violated, it shall, at a minimum, award to the office attorney fees and costs for
1424 the action.
1425 (6) Nothing in this section precludes the obligor from seeking administrative remedies
1426 as provided in this chapter.
1427 Section 26. Section 26B-9-301 is amended to read:
1428 26B-9-301. Definitions.
1429 As used in this part and Part 4, Income Withholding in Non IV-D Cases:
1430 (1) "Business day" means a day on which state offices are open for regular business.
1431 (2) "Child" means the same as that term is defined in Section [
1432 [
1433
1434
1435
1436
1437 [
1438
1439
1440 (3) "Child support" means the same as that term is defined in Section 26B-9-101.
1441 (4) "Child support order" means [
1442
1443
1444 term is defined in Section 26B-9-201.
1445 (5) "Child support services" means the same as that term is defined in Section
1446 26B-9-101.
1447 (6) [
1448 amount at least equal to current child support payable for one month is overdue.
1449 (7) "Delinquent" means delinquency.
1450 [
1451 to whether a delinquency has occurred.
1452 [
1453 (10) "IV-D services" means the same as that term is defined in Section 26B-9-201.
1454 [
1455 territory or possession of the United States, the District of Columbia, the Commonwealth of
1456 Puerto Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
1457 subdivision.
1458 [
1459 [
1460 [
1461 [
1462 obligor.
1463 [
1464 Section 27. Section 26B-9-303 is amended to read:
1465 26B-9-303. Provision for income withholding in child support order -- Immediate
1466 income withholding.
1467 (1) Whenever a child support order is issued or modified in this state the obligor's
1468 income is subject to immediate income withholding for the child support described in the order
1469 in accordance with the provisions of this chapter, unless:
1470 (a) the court or administrative body which entered the order finds that one of the
1471 parties has demonstrated good cause so as not to require immediate income withholding; or
1472 (b) a written agreement which provides an alternative payment arrangement is executed
1473 by the obligor and obligee, and reviewed and entered in the record by the court or
1474 administrative body.
1475 (2) (a) In every child support order issued or modified on or after January 1, 1994, the
1476 court or administrative body shall include a provision that the income of an obligor is subject to
1477 immediate income withholding in accordance with this chapter.
1478 (b) If for any reason other than the provisions of Subsection (1) that provision is not
1479 included in the child support order the obligor's income is nevertheless subject to immediate
1480 income withholding.
1481 (3) In determining [
1482 addition to any other requirement it considers appropriate, consider whether the obligor has:
1483 (a) obtained a bond, deposited money in trust for the benefit of the [
1484
1485 payments for at least two months;
1486 (b) arranged to deposit all child support payments into a checking account belonging to
1487 the obligee, or made arrangements insuring that a reliable and independent record of the date
1488 and place of child support payments will be maintained; or
1489 (c) arranged for electronic transfer of funds on a regular basis to meet court-ordered
1490 child support obligations.
1491 Section 28. Section 26B-9-304 is amended to read:
1492 26B-9-304. Office procedures for income withholding for orders issued or
1493 modified on or after October 13, 1990.
1494 (1) With regard to obligees or obligors who are receiving IV-D services, each child
1495 support order issued or modified on or after October 13, 1990, subjects the income of an
1496 obligor to immediate income withholding as of the effective date of the order, regardless of
1497 whether a delinquency occurs unless:
1498 (a) the court or administrative body that entered the order finds that one of the parties
1499 has demonstrated good cause not to require immediate income withholding; or
1500 (b) a written agreement that provides an alternative arrangement is executed by the
1501 obligor and obligee, and by the office, if there is an assignment under Section 35A-3-108, and
1502 reviewed and entered in the record by the court or administrative body.
1503 (2) For purposes of this section:
1504 (a) [
1505 (i) a determination and explanation on the record by the court or administrative body
1506 that implementation of income withholding would not be in the best interest of the child; and
1507 (ii) proof of timely payment of any previously ordered support; and
1508 (b) in determining [
1509 addition to any other requirement that it determines appropriate, consider whether the obligor
1510 has:
1511 (i) obtained a bond, deposited money in trust for the benefit of the [
1512 children, or otherwise made arrangements sufficient to guarantee child support payments for at
1513 least two months; and
1514 (ii) arranged to deposit all child support payments into a checking account belonging to
1515 the obligee or made arrangements insuring that a reliable and independent record of the date
1516 and place of child support payments will be maintained.
1517 (3) An exception from immediate income withholding shall be:
1518 (a) included in the court or administrative agency's child support order; and
1519 (b) negated without further administrative or judicial action:
1520 (i) upon a delinquency;
1521 (ii) upon the obligor's request; or
1522 (iii) if the office, based on internal procedures and standards, or a party requests
1523 immediate income withholding for a case in which the parties have entered into an alternative
1524 arrangement to immediate income withholding pursuant to Subsection (1)(b).
1525 (4) If an exception to immediate income withholding has been ordered on the basis of
1526 good cause under Subsection (1)(a), the office may commence income withholding under this
1527 part:
1528 (a) in accordance with Subsection (3)(b); or
1529 (b) if the administrative or judicial body that found good cause determines that
1530 circumstances no longer support that finding.
1531 (5) (a) A party may contest income withholding due to a mistake of fact by filing a
1532 written objection with the office within 15 days of the commencement of income withholding
1533 under Subsection (4).
1534 (b) If a party contests income withholding under Subsection (5)(a), the office shall
1535 proceed with the objection as it would an objection filed under Section 26B-9-305.
1536 (6) Income withholding implemented under this section is subject to termination under
1537 Section 26B-9-308.
1538 (7) (a) Income withholding under the order may be effective until the obligor no longer
1539 owes child support to the obligee.
1540 (b) Appropriate income withholding procedures apply to existing and future payors and
1541 all withheld income shall be submitted to the office.
1542 Section 29. Section 26B-9-403 is amended to read:
1543 26B-9-403. Child support orders issued or modified on or after January 1, 1994 --
1544 Immediate income withholding.
1545 (1) With regard to obligees or obligors who are not receiving IV-D services, each child
1546 support order issued or modified on or after January 1, 1994, subjects the income of an obligor
1547 to immediate income withholding as of the effective date of the order, regardless of whether a
1548 delinquency occurs unless:
1549 (a) the court or administrative body that entered the order finds that one of the parties
1550 has demonstrated good cause so as not to require immediate income withholding; or
1551 (b) a written agreement which provides an alternative payment arrangement is executed
1552 by the obligor and obligee, and reviewed and entered in the record by the court or
1553 administrative body.
1554 (2) For purposes of this section:
1555 (a) an action on or after January 1, 1994, to reduce child support arrears to judgment,
1556 without a corresponding establishment of or modification to a base child support amount, is not
1557 sufficient to trigger immediate income withholding;
1558 (b) [
1559 (i) a determination and explanation on the record by the court or administrative body
1560 that implementation of income withholding would not be in the best interest of the child; and
1561 (ii) proof of timely payment of any previously ordered support; and
1562 (c) in determining [
1563 addition to any other requirement it considers appropriate, consider whether the obligor has:
1564 (i) obtained a bond, deposited money in trust for the benefit of the [
1565 children, or otherwise made arrangements sufficient to guarantee child support payments for at
1566 least two months;
1567 (ii) arranged to deposit all child support payments into a checking account belonging to
1568 the obligee, or made arrangements insuring that a reliable and independent record of the date
1569 and place of child support payments will be maintained; or
1570 (iii) arranged for electronic transfer of funds on a regular basis to meet court-ordered
1571 child support obligations.
1572 (3) In cases where the court or administrative body that entered the order finds a
1573 demonstration of good cause or enters a written agreement that immediate income withholding
1574 is not required, in accordance with this section, any party may subsequently pursue income
1575 withholding on the earliest of the following dates:
1576 (a) the date payment of child support becomes delinquent;
1577 (b) the date the obligor requests;
1578 (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists;
1579 or
1580 (d) the date the court or administrative body so modifies that order.
1581 (4) The court shall include in every child support order issued or modified on or after
1582 January 1, 1994, a provision that the income of an obligor is subject to income withholding in
1583 accordance with this chapter; however, if for any reason that provision is not included in the
1584 child support order, the obligor's income is nevertheless subject to income withholding.
1585 (5) (a) In any action to establish or modify a child support order after July 1, 1997, the
1586 court, upon request by the obligee or obligor, shall commence immediate income withholding
1587 by ordering the clerk of the court or the requesting party to:
1588 (i) mail written notice to the payor at the payor's last-known address that contains the
1589 information required by Section 26B-9-407; and
1590 (ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a
1591 copy of the support order to the office.
1592 (b) If neither the obligee nor obligor requests commencement of income withholding
1593 under Subsection (5)(a), the court shall include in the order to establish or modify child support
1594 a provision that the obligor or obligee may commence income withholding by:
1595 (i) applying for IV-D services with the office; or
1596 (ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
1597 Section 26B-9-405.
1598 (c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with
1599 the requirements of Section 26B-9-408.
1600 Section 30. Section 26B-9-405 is amended to read:
1601 26B-9-405. Procedures for commencing income withholding.
1602 (1) If income withholding has not been commenced in connection with a child support
1603 order, an obligee or obligor may commence income withholding by:
1604 (a) applying for IV-D services from the office; or
1605 (b) filing an ex parte motion for income withholding with a district court of competent
1606 jurisdiction.
1607 (2) The office shall commence income withholding in accordance with Part 3, Income
1608 Withholding in IV-D Cases, upon receipt of an application for IV-D services under Subsection
1609 (1)(a).
1610 (3) A court shall grant an ex parte motion to commence income withholding filed
1611 under Subsection (1)(b) regardless of whether the child support order provided for income
1612 withholding, if the obligee provides competent evidence showing:
1613 (a) the child support order was issued or modified after January 1, 1994, and the
1614 obligee or obligor expresses a desire to commence income withholding;
1615 (b) the child support order was issued or modified after January 1, 1994, and the order
1616 contains a good cause exception to income withholding as provided for in Section 26B-9-403,
1617 and a delinquency has occurred; or
1618 (c) the child support order was issued or modified before January 1, 1994, and a
1619 delinquency has occurred.
1620 (4) If a court grants an ex parte motion under Subsection (3), the court shall order the
1621 clerk of the court or the requesting party to:
1622 (a) mail written notice to the payor at the payor's last-known address that contains the
1623 information required by Section 26B-9-407;
1624 (b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the
1625 nonrequesting party's address and a copy of the child support order and the notice to the payor
1626 to the office; and
1627 (c) if the obligee is the requesting party, send notice to the obligor under Section
1628 26B-9-207 that includes:
1629 (i) a copy of the notice sent to the payor; and
1630 (ii) information regarding:
1631 (A) the commencement of income withholding; and
1632 (B) the opportunity to contest the withholding or the amount withheld due to mistake
1633 of fact by filing an objection with the court within 20 days.
1634 (5) A payor who receives written notice under Subsection (4)(a) shall comply with the
1635 requirements of Section 26B-9-408.
1636 (6) If an obligor contests withholding, the court shall:
1637 (a) provide an opportunity for the obligor to present evidence supporting his claim of a
1638 mistake of fact;
1639 (b) decide whether income withholding should continue;
1640 (c) notify the parties of the decision; and
1641 (d) at the obligor's option, return or credit toward the most current and future support
1642 payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
1643 Section 31. Section 26B-9-501 is amended to read:
1644 26B-9-501. Definitions.
1645 As used in this part:
1646 (1) "Business day" means the same as that term is defined in Section 26B-9-301.
1647 [
1648 term is defined in Section 26B-9-101.
1649 [
1650 (a) (i) made no payment for 60 days on a current child support obligation as set forth in
1651 an administrative or court order;
1652 (ii) after the 60-day period described in Subsection [
1653 good faith effort under the circumstances to make payment on the child support obligation in
1654 accordance with the order; and
1655 (iii) has not obtained a judicial order staying enforcement of the person's child support
1656 obligation, or the amount in arrears; or
1657 (b) (i) made no payment for 60 days on an arrearage obligation of child support as set
1658 forth in:
1659 (A) a payment schedule;
1660 (B) a written agreement with the office; or
1661 (C) an administrative or judicial order;
1662 (ii) after the 60-day period described in Subsection [
1663 good faith effort under the circumstances to make payment on the child support obligation in
1664 accordance with the payment schedule, agreement, or order; and
1665 (iii) has not obtained a judicial order staying enforcement of the person's child support
1666 obligation, or the amount in arrears.
1667 [
1668 [
1669 Department of Public Safety created in Section 53-3-103.
1670 [
1671 Section 32. Section 31A-22-610.5 is amended to read:
1672 31A-22-610.5. Dependent coverage.
1673 (1) As used in this section, "child" [
1674
1675 (2) (a) Any individual or group accident and health insurance policy or managed care
1676 organization contract that provides coverage for a policyholder's or certificate holder's
1677 dependent:
1678 (i) may not terminate coverage of an unmarried dependent by reason of the dependent's
1679 age before the dependent's 26th birthday; and
1680 (ii) shall, upon application, provide coverage for all unmarried dependents up to age
1681 26.
1682 (b) The cost of coverage for unmarried dependents 19 to 26 years old shall be included
1683 in the premium on the same basis as other dependent coverage.
1684 (c) This section does not prohibit the employer from requiring the employee to pay all
1685 or part of the cost of coverage for unmarried dependents.
1686 (d) An individual or group health insurance policy or managed care organization shall
1687 continue in force coverage for a dependent through the last day of the month in which the
1688 dependent ceases to be a dependent:
1689 (i) if premiums are paid; and
1690 (ii) notwithstanding Sections 31A-22-618.6 and 31A-22-618.7.
1691 (3) (a) When a parent is required by a court or administrative order to provide health
1692 insurance coverage for a child, an accident and health insurer may not deny enrollment of a
1693 child under the accident and health insurance plan of the child's parent on the grounds the
1694 child:
1695 (i) was born out of wedlock and is entitled to coverage under Subsection (4);
1696 (ii) was born out of wedlock and the custodial parent seeks enrollment for the child
1697 under the custodial parent's policy;
1698 (iii) is not claimed as a dependent on the parent's federal tax return;
1699 (iv) does not reside with the parent; or
1700 (v) does not reside in the insurer's service area.
1701 (b) A child enrolled as required under Subsection (3)(a)(iv) is subject to the terms of
1702 the accident and health insurance plan contract pertaining to services received outside of an
1703 insurer's service area.
1704 (4) When a child has accident and health coverage through an insurer of a noncustodial
1705 parent, and when requested by the noncustodial or custodial parent, the insurer shall:
1706 (a) provide information to the custodial parent as necessary for the child to obtain
1707 benefits through that coverage, but the insurer or employer, or the agents or employees of either
1708 of them, are not civilly or criminally liable for providing information in compliance with this
1709 Subsection (4)(a), whether the information is provided pursuant to a verbal or written request;
1710 (b) permit the custodial parent or the service provider, with the custodial parent's
1711 approval, to submit claims for covered services without the approval of the noncustodial
1712 parent; and
1713 (c) make payments on claims submitted in accordance with Subsection (4)(b) directly
1714 to the custodial parent, the child who obtained benefits, the provider, or the state Medicaid
1715 agency.
1716 (5) When a parent is required by a court or administrative order to provide health
1717 coverage for a child, and the parent is eligible for family health coverage, the insurer shall:
1718 (a) permit the parent to enroll, under the family coverage, a child who is otherwise
1719 eligible for the coverage without regard to an enrollment season restrictions;
1720 (b) if the parent is enrolled but fails to make application to obtain coverage for the
1721 child, enroll the child under family coverage upon application of the child's other parent, the
1722 state agency administering the Medicaid program, or the state agency administering 42 U.S.C.
1723 [
1724 (c) (i) when the child is covered by an individual policy, not disenroll or eliminate
1725 coverage of the child unless the insurer is provided satisfactory written evidence that:
1726 (A) the court or administrative order is no longer in effect; or
1727 (B) the child is or will be enrolled in comparable accident and health coverage through
1728 another insurer which will take effect not later than the effective date of disenrollment; or
1729 (ii) when the child is covered by a group policy, not disenroll or eliminate coverage of
1730 the child unless the employer is provided with satisfactory written evidence, which evidence is
1731 also provided to the insurer, that Subsection (8)(c)(i), (ii), or (iii) has happened.
1732 (6) An insurer may not impose requirements on a state agency that has been assigned
1733 the rights of an individual eligible for medical assistance under Medicaid and covered for
1734 accident and health benefits from the insurer that are different from requirements applicable to
1735 an agent or assignee of any other individual so covered.
1736 (7) Insurers may not reduce their coverage of pediatric vaccines below the benefit level
1737 in effect on May 1, 1993.
1738 (8) When a parent is required by a court or administrative order to provide health
1739 coverage, which is available through an employer doing business in this state, the employer
1740 shall:
1741 (a) permit the parent to enroll under family coverage any child who is otherwise
1742 eligible for coverage without regard to any enrollment season restrictions;
1743 (b) if the parent is enrolled but fails to make application to obtain coverage of the child,
1744 enroll the child under family coverage upon application by the child's other parent, by the state
1745 agency administering the Medicaid program, or the state agency administering 42 U.S.C. Sec.
1746 651 through 669, the child support enforcement program;
1747 (c) not disenroll or eliminate coverage of the child unless the employer is provided
1748 satisfactory written evidence that:
1749 (i) the court order is no longer in effect;
1750 (ii) the child is or will be enrolled in comparable coverage which will take effect no
1751 later than the effective date of disenrollment; or
1752 (iii) the employer has eliminated family health coverage for all of its employees; and
1753 (d) withhold from the employee's compensation the employee's share, if any, of
1754 premiums for health coverage and to pay this amount to the insurer.
1755 (9) An order issued under Section 26B-9-225 may be considered a "qualified medical
1756 support order" for the purpose of enrolling a [
1757 insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
1758 of 1974.
1759 (10) This section does not affect any insurer's ability to require as a precondition of any
1760 child being covered under any policy of insurance that:
1761 (a) the parent continues to be eligible for coverage;
1762 (b) the child shall be identified to the insurer with adequate information to comply with
1763 this section; and
1764 (c) the premium shall be paid when due.
1765 (11) This section applies to employee welfare benefit plans as defined in Section
1766 26B-3-1001.
1767 (12) (a) A policy that provides coverage to a child of a group member may not deny
1768 eligibility for coverage to a child solely because:
1769 (i) the child does not reside with the insured; or
1770 (ii) the child is solely dependent on a former spouse of the insured rather than on the
1771 insured.
1772 (b) A child who does not reside with the insured may be excluded on the same basis as
1773 a child who resides with the insured.
1774 Section 33. Section 35A-3-307 is amended to read:
1775 35A-3-307. Cash assistance to a single minor parent.
1776 (1) The department may provide cash assistance to a single minor parent in accordance
1777 with this section.
1778 (2) A single minor parent who receives cash assistance under this part shall:
1779 (a) except as provided under Subsection (3), reside in a place of residence maintained
1780 by a parent, legal guardian, or other adult relative of the single minor parent;
1781 (b) participate in education for parenting and life skills;
1782 (c) participate in infant and child wellness programs approved by the department; and
1783 (d) for at least 20 hours per week:
1784 (i) if the single minor parent does not have a high school diploma, attend high school
1785 or an alternative to high school;
1786 (ii) participate in education or training; or
1787 (iii) participate in a combination of employment and education or training.
1788 (3) (a) If the department determines that the requirements of Subsection (2)(a) are not
1789 appropriate for a single minor parent, the department may assist the single minor parent to
1790 obtain suitable living arrangements, including an adult-supervised living arrangement.
1791 (b) The department may only provide cash assistance to a single minor parent who is
1792 exempt from the requirements of Subsection (2)(a) if the single minor parent resides in a living
1793 arrangement that is approved by the department.
1794 (c) The approval by the department of a living arrangement under Subsection (3)(b):
1795 (i) is a means of safeguarding the use of state and federal funds; and
1796 (ii) is not a certification or guarantee of the safety, quality, or condition of the living
1797 arrangements of the single minor parent.
1798 (4) (a) If a single minor parent resides with a parent, the department shall include the
1799 income of the parent of the single minor parent in determining the single minor parent's
1800 eligibility for services under this part.
1801 (b) If a single minor parent receives services under this chapter but does not reside with
1802 a parent, the department shall seek an order under [
1803
1804 financially support the single minor parent.
1805 (5) The requirements of this section shall be included in a single minor parent's
1806 employment plan under Section 35A-3-304.
1807 Section 34. Section 51-9-408 is amended to read:
1808 51-9-408. Children's Legal Defense Account.
1809 (1) There is created a restricted account within the General Fund known as the
1810 Children's Legal Defense Account.
1811 (2) The purpose of the Children's Legal Defense Account is to provide for programs
1812 that protect and defend the rights, safety, and quality of life of children.
1813 (3) (a) The Legislature shall appropriate money from the account for the administrative
1814 and related costs of the following programs:
1815 (i) implementing the [
1816
1817
1818 educational course described in Section 81-4-106 and the mediation program for child custody
1819 and parent-time;
1820 (ii) implementing the use of guardians ad litem in accordance with Sections
1821 78A-2-703, 78A-2-705, 78A-2-803, and 78B-3-102;
1822 (iii) the training of attorney guardians ad litem and volunteers as provided in Section
1823 78A-2-803;
1824 (iv) implementing and administering the Expedited Parent-time Enforcement Program
1825 as provided in Section [
1826 (v) implementing and administering the Divorce Education for Children Program.
1827 (b) The Children's Legal Defense Account may not be used to supplant funding for the
1828 guardian ad litem program under Section 78A-2-803.
1829 (4) The following withheld fees shall be allocated only to the Children's Legal Defense
1830 Account and used only for the purposes provided in Subsections (3)(a)(i) through (v):
1831 (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
1832 as provided in Section 17-16-21; and
1833 (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
1834 complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
1835 (5) The Division of Finance shall allocate the money described in Subsection (4) from
1836 the General Fund to the Children's Legal Defense Account.
1837 (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
1838 of any fiscal year shall lapse into the General Fund.
1839 Section 35. Section 58-60-112 is amended to read:
1840 58-60-112. Reporting of unprofessional or unlawful conduct -- Immunity from
1841 liability -- Reporting conduct of court-appointed therapist.
1842 (1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section
1843 58-60-102 by a person licensed under this chapter or an individual not licensed under this
1844 chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary
1845 action by a licensed health care facility, professional practice group, or professional society, or
1846 that results in a significant adverse impact upon the public health, safety, or welfare, the
1847 following shall report the conduct in writing to the division within 10 days after learning of the
1848 disciplinary action or the conduct unless the individual or person knows it has been reported:
1849 (a) a licensed health care facility or organization in which an individual licensed under
1850 this chapter engages in practice;
1851 (b) an individual licensed under this chapter; and
1852 (c) a professional society or organization whose membership is individuals licensed
1853 under this chapter and which has the authority to discipline or expel a member for acts of
1854 unprofessional or unlawful conduct.
1855 (2) Any individual reporting acts of unprofessional or unlawful conduct by an
1856 individual licensed under this chapter is immune from liability arising out of the disclosure to
1857 the extent the individual furnishes the information in good faith and without malice.
1858 (3) (a) As used in this Subsection (3):
1859 (i) "Court-appointed therapist" means a mental health therapist ordered by a court to
1860 provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
1861 (ii) "Domestic case" means a proceeding under:
1862 [
1863 [
1864 [
1865 [
1866
1867 [
1868 [
1869 Enforcement Act; [
1870 [
1871 (D) Title 81, Chapter 4, Dissolution of Marriage; or
1872 (E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
1873 (b) If a court appoints a court-appointed therapist in a domestic case, a party to the
1874 domestic case may not file a report against the court-appointed therapist for unlawful or
1875 unprofessional conduct during the pendency of the domestic case, unless:
1876 (i) the party has requested that the court release the court-appointed therapist from the
1877 appointment; and
1878 (ii) the court finds good cause to release the court-appointed therapist from the
1879 appointment.
1880 Section 36. Section 63G-20-201 is amended to read:
1881 63G-20-201. Provisions governing solemnizing or recognizing a marriage --
1882 Prohibition against employment actions.
1883 Notwithstanding any other provision of law, a state or local government or a state or
1884 local government official may not:
1885 (1) require a religious official, when acting as such, or religious organization to
1886 solemnize or recognize for ecclesiastical purposes a marriage that is contrary to that religious
1887 official's or religious organization's religious beliefs;
1888 (2) if the religious official or religious organization is authorized to solemnize a
1889 marriage by Section [
1890 religious organization the authority to legally solemnize a legal marriage based on the religious
1891 official's or religious organization's refusal to solemnize any legal marriage that is contrary to
1892 the religious official's or religious organization's religious beliefs;
1893 (3) require a religious official, when acting as such, or religious organization to provide
1894 goods, accommodations, advantages, privileges, services, facilities, or grounds for activities
1895 connected with the solemnization or celebration of a marriage that is contrary to that religious
1896 official's or religious organization's religious beliefs; or
1897 (4) require a religious official, when acting as such, or religious organization to
1898 promote marriage through religious programs, counseling, courses, or retreats in a way that is
1899 contrary to that religious official's or religious organization's religious beliefs.
1900 Section 37. Section 63I-1-278 is amended to read:
1901 63I-1-278. Repeal dates: Title 78A and Title 78B.
1902 (1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing
1903 fees for petitions for expungement, are repealed on July 1, 2023.
1904 [
1905
1906 [
1907 a domestic violence offense from the justice court to the district court, is repealed on July 1,
1908 2024.
1909 (3) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
1910 repealed July 1, 2029.
1911 (4) Section 78B-4-518, regarding the limitation on employer liability for an employee
1912 convicted of an offense, is repealed on July 1, 2025.
1913 (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
1914 2026.
1915 [
1916
1917 [
1918 Pilot Program, is repealed December 31, 2024.
1919 Section 38. Section 63I-1-281 is enacted to read:
1920 63I-1-281. Repeal dates: Title 81.
1921 Title 81, Chapter 6, Part 4, Child Support Guidelines Advisory Committee, is repealed
1922 July 1, 2026.
1923 Section 39. Section 63I-2-278 is amended to read:
1924 63I-2-278. Repeal dates: Title 78A and Title 78B.
1925 (1) Section 78A-2-804 is repealed on July 1, 2024.
1926 (2) Title 78A, Chapter 10, Judicial Selection Act, is repealed on July 1, 2023.
1927 (3) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from Unfiltered
1928 Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause of Action
1929 to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
1930 [
1931 Section 40. Section 63I-2-281 is enacted to read:
1932 63I-2-281. Repeal dates: Title 81.
1933 Sections 81-6-302 and 81-6-303 are repealed on January 1, 2025.
1934 Section 41. Section 63M-15-204 is amended to read:
1935 63M-15-204. Commission duties.
1936 The commission shall:
1937 (1) promote coalitions and collaborative efforts to uphold and encourage a strong and
1938 healthy culture of strong and lasting marriages and stable families;
1939 (2) contribute to greater awareness of the importance of marriage in an effort to reduce
1940 divorce and unwed parenthood in the state;
1941 (3) promote public policies that support marriage;
1942 (4) promote programs and activities that educate individuals and couples on how to
1943 achieve strong, successful, and lasting marriages, including promoting and assisting in the
1944 offering of:
1945 (a) events;
1946 (b) classes and services, including those designed to promote strong, healthy, and
1947 lasting marriages and prevent domestic violence;
1948 (c) marriage and relationship education conferences for the public and professionals;
1949 and
1950 (d) enrichment seminars;
1951 (5) actively promote measures designed to maintain and strengthen marriage, family,
1952 and the relationships between spouses and parents and children;
1953 (6) support volunteerism and private financial contributions and grants in partnership
1954 with the commission and in support of the commission's purposes and activities for the benefit
1955 of the state as provided in this section;
1956 (7) regularly publicize information on premarital counseling and education services
1957 available in the state that comply with Section [
1958 (8) approve an online course meeting the requirements of Section [
1959 and
1960 (9) for purposes of Section [
1961 organizations that certify family life educators.
1962 Section 42. Section 76-8-1201 is amended to read:
1963 76-8-1201. Definitions.
1964 As used in this part:
1965 (1) "Client" means a person who receives or has received public assistance.
1966 (2) "Overpayment" has the same meaning as defined in Section 35A-3-102.
1967 (3) "Provider" [
1968 or entity that receives compensation from any public assistance program for goods or services
1969 provided to a public assistance recipient.
1970 (4) "Public assistance" has the same meaning as defined in Section 35A-1-102.
1971 Section 43. Section 77-36-1 is amended to read:
1972 77-36-1. Definitions.
1973 As used in this chapter:
1974 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
1975 (2) "Department" means the Department of Public Safety.
1976 (3) "Divorced" means an individual who has obtained a divorce under [
1977
1978 (4) "Domestic violence" or "domestic violence offense" means any criminal offense
1979 involving violence or physical harm or threat of violence or physical harm, or any attempt,
1980 conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
1981 when committed by one cohabitant against another. "Domestic violence" or "domestic
1982 violence offense" includes commission or attempt to commit, any of the following offenses by
1983 one cohabitant against another:
1984 (a) aggravated assault, as described in Section 76-5-103;
1985 (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the
1986 intent to harass or threaten the other cohabitant;
1987 (c) assault, as described in Section 76-5-102;
1988 (d) criminal homicide, as described in Section 76-5-201;
1989 (e) harassment, as described in Section 76-5-106;
1990 (f) electronic communication harassment, as described in Section 76-9-201;
1991 (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
1992 76-5-301, 76-5-301.1, and 76-5-302;
1993 (h) mayhem, as described in Section 76-5-105;
1994 (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
1995 sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in
1996 Sections 76-5b-201 and 76-5b-201.1;
1997 (j) stalking, as described in Section 76-5-106.5;
1998 (k) unlawful detention or unlawful detention of a minor, as described in Section
1999 76-5-304;
2000 (l) violation of a protective order or ex parte protective order, as described in Section
2001 76-5-108;
2002 (m) any offense against property described in Title 76, Chapter 6, Part 1, Property
2003 Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
2004 Part 3, Robbery;
2005 (n) possession of a deadly weapon with criminal intent, as described in Section
2006 76-10-507;
2007 (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
2008 person, building, or vehicle, as described in Section 76-10-508;
2009 (p) disorderly conduct, as defined in Section 76-9-102, if a conviction or adjudication
2010 of disorderly conduct is the result of a plea agreement in which the perpetrator was originally
2011 charged with a domestic violence offense otherwise described in this Subsection (4), except
2012 that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the
2013 manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of
2014 domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18
2015 U.S.C. Sec. 921 et seq.;
2016 (q) child abuse, as described in Section 76-5-114;
2017 (r) threatening use of a dangerous weapon, as described in Section 76-10-506;
2018 (s) threatening violence, as described in Section 76-5-107;
2019 (t) tampering with a witness, as described in Section 76-8-508;
2020 (u) retaliation against a witness or victim, as described in Section 76-8-508.3;
2021 (v) unlawful distribution of an intimate image, as described in Section 76-5b-203, or
2022 unlawful distribution of a counterfeit intimate image, as described in Section 76-5b-205;
2023 (w) sexual battery, as described in Section 76-9-702.1;
2024 (x) voyeurism, as described in Section 76-9-702.7;
2025 (y) damage to or interruption of a communication device, as described in Section
2026 76-6-108; or
2027 (z) an offense described in Subsection 78B-7-806(1).
2028 (5) "Jail release agreement" means the same as that term is defined in Section
2029 78B-7-801.
2030 (6) "Jail release court order" means the same as that term is defined in Section
2031 78B-7-801.
2032 (7) "Marital status" means married and living together, divorced, separated, or not
2033 married.
2034 (8) "Married and living together" means a couple whose marriage was solemnized
2035 under Section [
2036 residence.
2037 (9) "Not married" means any living arrangement other than married and living together,
2038 divorced, or separated.
2039 (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).
2040 (11) "Pretrial protective order" means a written order:
2041 (a) specifying and limiting the contact a person who has been charged with a domestic
2042 violence offense may have with an alleged victim or other specified individuals; and
2043 (b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803,
2044 pending trial in the criminal case.
2045 (12) "Sentencing protective order" means a written order of the court as part of
2046 sentencing in a domestic violence case that limits the contact an individual who is convicted or
2047 adjudicated of a domestic violence offense may have with a victim or other specified
2048 individuals under Section 78B-7-804.
2049 (13) "Separated" means a couple who have had their marriage solemnized under
2050 Section [
2051 (14) "Victim" means a cohabitant who has been subjected to domestic violence.
2052 Section 44. Section 77-38-615 is amended to read:
2053 77-38-615. Participation in the program -- Orders in relation to allocation of
2054 custody or parent-time.
2055 (1) A court may not consider a parent's participation in the program for the purpose of
2056 making an order allocating custody [
2057
2058 (2) A court shall take practical measures to keep a program participant's actual address
2059 confidential when making an order allocating custody or parent-time.
2060 (3) Nothing in this part affects an order relating to the allocation of custody or
2061 parent-time in effect prior to or during a program participant's participation in the program.
2062 Section 45. Section 78A-2-301 is amended to read:
2063 78A-2-301. Civil fees of the courts of record -- Courts complex design.
2064 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
2065 court of record not governed by another subsection is $375.
2066 (b) The fee for filing a complaint or petition is:
2067 (i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
2068 interest, and attorney fees is $2,000 or less;
2069 (ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
2070 interest, and attorney fees is greater than $2,000 and less than $10,000;
2071 (iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
2072 (iv) except as provided in Subsection (1)(b)(v), $325 if the petition is filed [
2073
2074 in Title 81, Chapter 4, Dissolution of Marriage;
2075 (v) $35 for a [
2076
2077 (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
2078 Registry under Section 77-41-112; and
2079 (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
2080 adoptive child of the petitioner.
2081 (c) The fee for filing a small claims affidavit is:
2082 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
2083 interest, and attorney fees is $2,000 or less;
2084 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
2085 interest, and attorney fees is greater than $2,000, but less than $7,500; and
2086 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
2087 interest, and attorney fees is $7,500 or more.
2088 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
2089 complaint, or other claim for relief against an existing or joined party other than the original
2090 complaint or petition is:
2091 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
2092 $2,000 or less;
2093 (ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
2094 greater than $2,000 and less than $10,000;
2095 (iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
2096 $10,000 or more, or the party seeks relief other than monetary damages; and
2097 (iv) $130 if the original petition is filed [
2098
2099 Dissolution of Marriage.
2100 (e) The fee for filing a small claims counter affidavit is:
2101 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
2102 $2,000 or less;
2103 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
2104 greater than $2,000, but less than $7,500; and
2105 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
2106 $7,500 or more.
2107 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
2108 action already before the court is determined under Subsection (1)(b) based on the amount
2109 deposited.
2110 (g) The fee for filing a petition is:
2111 (i) $240 for trial de novo of an adjudication of the justice court or of the small claims
2112 department; and
2113 (ii) $80 for an appeal of a municipal administrative determination in accordance with
2114 Section 10-3-703.7.
2115 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
2116 petition for writ of certiorari is $240.
2117 (i) The fee for filing a petition for expungement is $150.
2118 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
2119 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
2120 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
2121 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
2122 Act.
2123 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
2124 allocated by the state treasurer to be deposited into the restricted account, Children's Legal
2125 Defense Account, as provided in Section 51-9-408.
2126 (iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
2127 and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
2128 in Section 78B-6-209.
2129 (iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
2130 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
2131 deposited into the restricted account, Court Security Account, as provided in Section
2132 78A-2-602.
2133 (v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
2134 and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account,
2135 Court Security Account, as provided in Section 78A-2-602.
2136 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
2137 United States is $35.
2138 (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
2139 50% of the fee for filing an original action seeking the same relief.
2140 (m) The fee for filing probate or child custody documents from another state is $35.
2141 (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
2142 State Tax Commission is $30.
2143 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
2144 or a judgment, order, or decree of an administrative agency, commission, board, council, or
2145 hearing officer of this state or of its political subdivisions other than the State Tax
2146 Commission, is $50.
2147 (o) The fee for filing a judgment by confession without action under Section
2148 78B-5-205 is $35.
2149 (p) The fee for filing an award of arbitration for confirmation, modification, or
2150 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
2151 action before the court is $35.
2152 (q) The fee for filing a petition or counter-petition to modify a domestic relations order
2153 other than a protective order or stalking injunction is $100.
2154 (r) The fee for filing any accounting required by law is:
2155 (i) $15 for an estate valued at $50,000 or less;
2156 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
2157 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
2158 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
2159 (v) $175 for an estate valued at more than $168,000.
2160 (s) The fee for filing a demand for a civil jury is $250.
2161 (t) The fee for filing a notice of deposition in this state concerning an action pending in
2162 another state under Utah Rules of Civil Procedure, Rule 30 is $35.
2163 (u) The fee for filing documents that require judicial approval but are not part of an
2164 action before the court is $35.
2165 (v) The fee for a petition to open a sealed record is $35.
2166 (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
2167 addition to any fee for a complaint or petition.
2168 (x) (i) The fee for a petition for authorization for a minor to marry required by Section
2169 [
2170 (ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
2171 Emancipation, is $50.
2172 (y) The fee for a certificate issued under Section 26B-8-128 is $8.
2173 (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
2174 page.
2175 (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
2176 per page.
2177 (bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of
2178 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
2179 Government Records Access and Management Act. Fees under Subsection (1)(bb) and (cc)
2180 shall be credited to the court as a reimbursement of expenditures.
2181 (cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
2182 the public to conduct a limited amount of searches on the Xchange database without having to
2183 pay a monthly subscription fee.
2184 (dd) There is no fee for services or the filing of documents not listed in this section or
2185 otherwise provided by law.
2186 (ee) Except as provided in this section, all fees collected under this section are paid to
2187 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
2188 accepts the pleading for filing or performs the requested service.
2189 (ff) The filing fees under this section may not be charged to the state, the state's
2190 agencies, or political subdivisions filing or defending any action. In judgments awarded in
2191 favor of the state, its agencies, or political subdivisions, except the Office of Recovery
2192 Services, the court shall order the filing fees and collection costs to be paid by the judgment
2193 debtor. The sums collected under this Subsection (1)(ff) shall be applied to the fees after credit
2194 to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
2195 (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
2196 transfer all revenues representing the difference between the fees in effect after May 2, 1994,
2197 and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
2198 Construction and Management Capital Projects Fund.
2199 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
2200 Construction and Management shall use up to $3,750,000 of the revenue deposited into the
2201 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
2202 initiate the development of a courts complex in Salt Lake City.
2203 (B) If the Legislature approves funding for construction of a courts complex in Salt
2204 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
2205 Management shall use the revenue deposited into the Capital Projects Fund under this
2206 Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
2207 (C) After the courts complex is completed and all bills connected with its construction
2208 have been paid, the Division of Facilities Construction and Management shall use any money
2209 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
2210 District Court building.
2211 (iii) The Division of Facilities Construction and Management may enter into
2212 agreements and make expenditures related to this project before the receipt of revenues
2213 provided for under this Subsection (2)(a)(iii).
2214 (iv) The Division of Facilities Construction and Management shall:
2215 (A) make those expenditures from unexpended and unencumbered building funds
2216 already appropriated to the Capital Projects Fund; and
2217 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
2218 under this Subsection (2).
2219 (b) After June 30, 1998, the state court administrator shall ensure that all revenues
2220 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
2221 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
2222 account.
2223 (c) The Division of Finance shall deposit all revenues received from the state court
2224 administrator into the restricted account created by this section.
2225 (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
2226 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
2227 Vehicles, in a court of record to the Division of Facilities Construction and Management
2228 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
2229 calculated on the balance of the fine or bail forfeiture paid.
2230 (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
2231 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
2232 court of record to the Division of Finance for deposit in the restricted account created by this
2233 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
2234 balance of the fine or bail forfeiture paid.
2235 (3) (a) There is created within the General Fund a restricted account known as the State
2236 Courts Complex Account.
2237 (b) The Legislature may appropriate money from the restricted account to the state
2238 court administrator for the following purposes only:
2239 (i) to repay costs associated with the construction of the court complex that were
2240 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
2241 (ii) to cover operations and maintenance costs on the court complex.
2242 Section 46. Section 78A-5a-103 (Effective 10/01/24) is amended to read:
2243 78A-5a-103 (Effective 10/01/24). Concurrent jurisdiction of the Business and
2244 Chancery Court -- Exceptions.
2245 (1) The Business and Chancery Court has jurisdiction, concurrent with the district
2246 court, over an action:
2247 (a) seeking monetary damages of at least $300,000 or seeking solely equitable relief;
2248 and
2249 (b) (i) with a claim arising from:
2250 (A) a breach of a contract;
2251 (B) a breach of a fiduciary duty;
2252 (C) a dispute over the internal affairs or governance of a business organization;
2253 (D) the sale, merger, or dissolution of a business organization;
2254 (E) the sale of substantially all of the assets of a business organization;
2255 (F) the receivership or liquidation of a business organization;
2256 (G) a dispute over liability or indemnity between or among owners of the same
2257 business organization;
2258 (H) a dispute over liability or indemnity of an officer or owner of a business
2259 organization;
2260 (I) a tortious or unlawful act committed against a business organization, including an
2261 act of unfair competition, tortious interference, or misrepresentation or fraud;
2262 (J) a dispute between a business organization and an insurer regarding a commercial
2263 insurance policy;
2264 (K) a contract or transaction governed by Title 70A, Uniform Commercial Code;
2265 (L) the misappropriation of trade secrets under Title 13, Chapter 24, Uniform Trade
2266 Secrets Act;
2267 (M) the misappropriation of intellectual property;
2268 (N) a noncompete agreement, a nonsolicitation agreement, or a nondisclosure or
2269 confidentiality agreement, regardless of whether the agreement is oral or written;
2270 (O) a relationship between a franchisor and a franchisee;
2271 (P) the purchase or sale of a security or an allegation of security fraud;
2272 (Q) a dispute over a blockchain, blockchain technology, or a decentralized autonomous
2273 organization;
2274 (R) a violation of Title 76, Chapter 10, Part 31, Utah Antitrust Act; or
2275 (S) a contract with a forum selection clause for a chancery, business, or commercial
2276 court of this state or any other state;
2277 (ii) with a malpractice claim concerning services that a professional provided to a
2278 business organization; or
2279 (iii) that is a shareholder derivative action.
2280 (2) The Business and Chancery Court may exercise supplemental jurisdiction over all
2281 claims in an action that the Business and Chancery Court has jurisdiction under Subsection (1),
2282 except that the Business and Chancery Court may not exercise jurisdiction over:
2283 (a) any claim arising from:
2284 (i) a consumer contract;
2285 (ii) a personal injury, including any personal injury relating to or arising out of health
2286 care rendered or which should have been rendered by the health care provider;
2287 (iii) a wrongful termination of employment or a prohibited or discriminatory
2288 employment practice;
2289 (iv) a violation of Title 13, Chapter 7, Civil Rights;
2290 [
2291 [
2292 [
2293 [
2294 [
2295 [
2296 [
2297 [
2298 Enforcement Act;
2299 [
2300 [
2301 [
2302 [
2303 and Visitation Act; or
2304 (xv) Title 81, Utah Domestic Relations Code; or
2305 (b) any criminal matter, unless the criminal matter is an act or omission of contempt
2306 that occurs in an action before the Business and Chancery Court.
2307 Section 47. Section 78A-6-103 is amended to read:
2308 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
2309 Findings -- Transfer of a case from another court.
2310 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
2311 court has original jurisdiction over:
2312 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
2313 state, or federal law, that was committed by a child;
2314 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
2315 state, or federal law, that was committed by an individual:
2316 (i) who is under 21 years old at the time of all court proceedings; and
2317 (ii) who was under 18 years old at the time the offense was committed; and
2318 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
2319 law, that was committed:
2320 (i) by an individual:
2321 (A) who was 18 years old and enrolled in high school at the time of the offense; and
2322 (B) who is under 21 years old at the time of all court proceedings; and
2323 (ii) on school property where the individual was enrolled:
2324 (A) when school was in session; or
2325 (B) during a school-sponsored activity, as defined in Subsection Section 53G-8-211.
2326 (2) The juvenile court has original jurisdiction over:
2327 (a) any proceeding concerning:
2328 (i) a child who is an abused child, neglected child, or dependent child;
2329 (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
2330 Protective Orders;
2331 (iii) the appointment of a guardian of the individual or other guardian of a minor who
2332 comes within the court's jurisdiction under other provisions of this section;
2333 (iv) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
2334 (v) the termination of parental rights in accordance with Title 80, Chapter 4,
2335 Termination and Restoration of Parental Rights, including termination of residual parental
2336 rights and duties;
2337 (vi) the treatment or commitment of a minor who has an intellectual disability;
2338 (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
2339 accordance with Section [
2340 (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
2341 (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
2342 (x) the treatment or commitment of a child with a mental illness;
2343 (xi) the commitment of a child to a secure drug or alcohol facility in accordance with
2344 Section 26B-5-204;
2345 (xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6,
2346 Part 4, Competency;
2347 (xiii) de novo review of final agency actions resulting from an informal adjudicative
2348 proceeding as provided in Section 63G-4-402;
2349 (xiv) adoptions conducted in accordance with the procedures described in Title 78B,
2350 Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
2351 terminating the rights of a parent and finds that adoption is in the best interest of the child;
2352 (xv) an ungovernable or runaway child who is referred to the juvenile court by the
2353 Division of Juvenile Justice and Youth Services if, despite earnest and persistent efforts by the
2354 Division of Juvenile Justice and Youth Services, the child has demonstrated that the child:
2355 (A) is beyond the control of the child's parent, guardian, or custodian to the extent that
2356 the child's behavior or condition endangers the child's own welfare or the welfare of others; or
2357 (B) has run away from home; and
2358 (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an
2359 adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
2360 comply with a promise to appear and bring a child to the juvenile court;
2361 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
2362 Expungement; and
2363 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
2364 (3) The juvenile court has original jurisdiction over a petition for special findings under
2365 Section 80-3-505.
2366 (4) It is not necessary for a minor to be adjudicated for an offense or violation of the
2367 law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
2368 (2)(a)(xvi), (b), or (c).
2369 (5) This section does not restrict the right of access to the juvenile court by private
2370 agencies or other persons.
2371 (6) The juvenile court has jurisdiction of all magistrate functions relative to cases
2372 arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
2373 (7) The juvenile court has jurisdiction to make a finding of substantiated,
2374 unsubstantiated, or without merit, in accordance with Section 80-3-404.
2375 (8) The juvenile court has jurisdiction over matters transferred to the juvenile court by
2376 another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
2377 Section 48. Section 78A-6-104 is amended to read:
2378 78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a
2379 protective order.
2380 (1) (a) The juvenile court has jurisdiction, concurrent with the district court:
2381 (i) to establish paternity, or to order testing for purposes of establishing paternity, for a
2382 child in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, when a
2383 proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency
2384 Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights, that
2385 involves the child;
2386 (ii) over a petition to modify a minor's birth certificate if the juvenile court has
2387 jurisdiction over the minor's case under Section 78A-6-103; and
2388 (iii) over questions of custody, support, and parent-time of a minor if the juvenile court
2389 has jurisdiction over the minor's case under Section 78A-6-103.
2390 (b) If the juvenile court obtains jurisdiction over a paternity action under Subsection
2391 (1)(a)(i), the juvenile court may:
2392 (i) retain jurisdiction over the paternity action until paternity of the child is adjudicated;
2393 or
2394 (ii) transfer jurisdiction over the paternity action to the district court.
2395 (2) (a) The juvenile court has jurisdiction, concurrent with the district court or the
2396 justice court otherwise having jurisdiction, over a criminal information filed under Part 4a,
2397 Adult Criminal Proceedings, for an adult alleged to have committed:
2398 (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to a
2399 minor;
2400 (ii) an offense under Section 53G-6-202, failure to comply with compulsory education
2401 requirements;
2402 (iii) an offense under Section 80-2-609, failure to report;
2403 (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
2404 (v) an offense under Section 76-10-2301, contributing to the delinquency of a minor; or
2405 (vi) an offense under Section 80-5-601, harboring a runaway.
2406 (b) It is not necessary for a minor to be adjudicated for an offense or violation of the
2407 law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
2408 (2)(a).
2409 (3) (a) When a support, custody, or parent-time award has been made by a district court
2410 in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
2411 continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
2412 child comes within the jurisdiction of the juvenile court under Section 78A-6-103.
2413 (b) (i) The juvenile court may, by order, change the custody subject to Subsection
2414 [
2415 district court as necessary to implement the order of the juvenile court for the safety and
2416 welfare of the child.
2417 (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long
2418 as the juvenile court continues to exercise jurisdiction.
2419 (c) If a copy of the findings and order of the juvenile court under this Subsection (3)
2420 are filed with the district court, the findings and order of the juvenile court are binding on the
2421 parties to the divorce action as though entered in the district court.
2422 (4) This section does not deprive the district court of jurisdiction to:
2423 (a) appoint a guardian for a child;
2424 (b) determine the support, custody, and parent-time of a child upon writ of habeas
2425 corpus; or
2426 (c) determine a question of support, custody, and parent-time that is incidental to the
2427 determination of an action in the district court.
2428 (5) A juvenile court may transfer a petition for a protective order for a child to the
2429 district court if the juvenile court has entered an ex parte protective order and finds that:
2430 (a) the petitioner and the respondent are the natural parent, adoptive parent, or step
2431 parent of the child who is the object of the petition;
2432 (b) the district court has a petition pending or an order related to custody or parent-time
2433 entered under [
2434 Protective Orders, [
2435 Chapter 4, Part 4, Divorce, in which the petitioner and the respondent are parties; and
2436 (c) the best interests of the child will be better served in the district court.
2437 Section 49. Section 78A-6-356 is amended to read:
2438 78A-6-356. Child support obligation when custody of a child is vested in an
2439 individual or institution.
2440 (1) As used in this section:
2441 (a) "Office" means the Office of Recovery Services.
2442 (b) "State custody" means that a child is in the custody of a state department, division,
2443 or agency, including secure care.
2444 (2) Under this section, a juvenile court may not issue a child support order against an
2445 individual unless:
2446 (a) the individual is served with notice that specifies the date and time of a hearing to
2447 determine the financial support of a specified child;
2448 (b) the individual makes a voluntary appearance; or
2449 (c) the individual submits a waiver of service.
2450 (3) Except as provided in Subsection (11), when a juvenile court places a child in state
2451 custody or if the guardianship of the child has been granted to another party and an agreement
2452 for a guardianship subsidy has been signed by the guardian, the juvenile court:
2453 (a) shall order the child's parent, guardian, or other obligated individual to pay child
2454 support for each month the child is in state custody or cared for under a grant of guardianship;
2455 (b) shall inform the child's parent, guardian, or other obligated individual, verbally and
2456 in writing, of the requirement to pay child support in accordance with [
2457
2458 (c) may refer the establishment of a child support order to the office.
2459 (4) When a juvenile court chooses to refer a case to the office to determine support
2460 obligation amounts in accordance with [
2461 81, Chapter 6, Child Support, the juvenile court shall:
2462 (a) make the referral within three working days after the day on which the juvenile
2463 court holds the hearing described in Subsection (2)(a); and
2464 (b) inform the child's parent, guardian, or other obligated individual of:
2465 (i) the requirement to contact the office within 30 days after the day on which the
2466 juvenile court holds the hearing described in Subsection (2)(a); and
2467 (ii) the penalty described in Subsection (6) for failure to contact the office.
2468 (5) Liability for child support ordered under Subsection (3) shall accrue:
2469 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
2470 the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child
2471 support order for the child; or
2472 (b) beginning on the day the child is removed from the child's home, including time
2473 spent in detention or sheltered care, if the child is removed after having been returned to the
2474 child's home from state custody.
2475 (6) (a) If the child's parent, guardian, or other obligated individual contacts the office
2476 within 30 days after the day on which the court holds the hearing described in Subsection
2477 (2)(a), the child support order may not include a judgment for past due support for more than
2478 two months.
2479 (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
2480 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
2481 (3) if:
2482 (i) the court informs the child's parent, guardian, or other obligated individual, as
2483 described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to
2484 contact the office within 30 days after the day on which the court holds the hearing described in
2485 Subsection (2)(a); and
2486 (ii) the office took reasonable steps under the circumstances to contact the child's
2487 parent, guardian, or other obligated individual within 30 days after the last day on which the
2488 parent, guardian, or other obligated individual was required to contact the office to facilitate the
2489 establishment of a child support order.
2490 (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
2491 reasonable steps if the office:
2492 (i) has a signed, returned receipt for a certified letter mailed to the address of the child's
2493 parent, guardian, or other obligated individual regarding the requirement that a child support
2494 order be established; or
2495 (ii) has had a documented conversation, whether by telephone or in person, with the
2496 child's parent, guardian, or other obligated individual regarding the requirement that a child
2497 support order be established.
2498 (7) In collecting arrears, the office shall comply with Section 26B-9-219 in setting a
2499 payment schedule or demanding payment in full.
2500 (8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
2501 individual shall pay the child support to the office.
2502 (b) The clerk of the juvenile court, the office, or the department and the department's
2503 divisions shall have authority to receive periodic payments for the care and maintenance of the
2504 child, such as social security payments or railroad retirement payments made in the name of or
2505 for the benefit of the child.
2506 (9) An existing child support order payable to a parent or other individual shall be
2507 assigned to the department as provided in Section 26B-9-111.
2508 (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
2509 the juvenile court in an individual.
2510 (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
2511 court may order the child's parent, guardian, or other obligated individual to pay child support
2512 to the individual in whom custody is vested.
2513 (ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
2514 or other obligated individual, verbally and in writing, of the requirement to pay child support in
2515 accordance with [
2516 Support.
2517 (11) The juvenile court may not order an individual to pay child support for a child in
2518 state custody if:
2519 (a) the individual's only form of income is a government-issued disability benefit;
2520 (b) the benefit described in Subsection (11)(a) is issued because of the individual's
2521 disability, and not the child's disability; and
2522 (c) the individual provides the juvenile court and the office evidence that the individual
2523 meets the requirements of Subsections (11)(a) and (b).
2524 (12) (a) The child's parent or another obligated individual is not responsible for child
2525 support for the period of time that the child is removed from the child's home by the Division
2526 of Child and Family Services if:
2527 (i) the juvenile court finds that there were insufficient grounds for the removal of the
2528 child; and
2529 (ii) the child is returned to the home of the child's parent or guardian based on the
2530 finding described in Subsection (12)(a)(i).
2531 (b) If the juvenile court finds insufficient grounds for the removal of the child under
2532 Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
2533 that the child's parent or another obligated individual is responsible for child support beginning
2534 on the day on which it became improper to return the child to the home of the child's parent or
2535 guardian.
2536 (13) After the juvenile court or the office establishes an individual's child support
2537 obligation ordered under Subsection (3), the office shall waive the obligation without further
2538 order of the juvenile court if:
2539 (a) the individual's child support obligation is established [
2540
2541 Title 81, Chapter 6, Part 3, Child Support Tables; or
2542 (b) the individual's only source of income is a means-tested, income replacement
2543 payment of aid, including:
2544 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
2545 Program; or
2546 (ii) cash benefits received under General Assistance, social security income, or social
2547 security disability income.
2548 Section 50. Section 78B-3-416 is amended to read:
2549 78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
2550 limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
2551 fees.
2552 (1) (a) The division shall provide a hearing panel in alleged medical liability cases
2553 against health care providers as defined in Section 78B-3-403, except dentists or dental care
2554 providers.
2555 (b) (i) The division shall establish procedures for prelitigation consideration of medical
2556 liability claims for damages arising out of the provision of or alleged failure to provide health
2557 care.
2558 (ii) The division may establish rules necessary to administer the process and
2559 procedures related to prelitigation hearings and the conduct of prelitigation hearings in
2560 accordance with Sections 78B-3-416 through 78B-3-420.
2561 (c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
2562 4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
2563 litigation.
2564 (d) Proceedings conducted under authority of this section are confidential, privileged,
2565 and immune from civil process.
2566 (e) The division may not provide more than one hearing panel for each alleged medical
2567 liability case against a health care provider.
2568 (2) (a) The party initiating a medical liability action shall file a request for prelitigation
2569 panel review with the division within 60 days after the service of a statutory notice of intent to
2570 commence action under Section 78B-3-412.
2571 (b) The request shall include a copy of the notice of intent to commence action. The
2572 request shall be mailed to all health care providers named in the notice and request.
2573 (3) (a) As used in this Subsection (3):
2574 (i) "Court-appointed therapist" means a mental health therapist ordered by a court to
2575 provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
2576 (ii) "Domestic case" means a proceeding under:
2577 [
2578 [
2579 [
2580 [
2581
2582 [
2583 [
2584 Enforcement Act; [
2585 [
2586 (D) Title 81, Chapter 4, Dissolution of Marriage; or
2587 (E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
2588 (iii) "Mental health therapist" means the same as that term is defined in Section
2589 58-60-102.
2590 (b) If a court appoints a court-appointed therapist in a domestic case, a party to the
2591 domestic case may not file a request for a prelitigation panel review for a malpractice action
2592 against the court-appointed therapist during the pendency of the domestic case, unless:
2593 (i) the party has requested that the court release the court-appointed therapist from
2594 appointment; and
2595 (ii) the court finds good cause to release the court-appointed therapist from the
2596 appointment.
2597 (c) If a party is prohibited from filing a request for a prelitigation panel review under
2598 Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
2599 (i) the court releasing the court-appointed therapist from appointment as described in
2600 Subsection (3)(b); or
2601 (ii) the court entering a final order in the domestic case.
2602 (4) (a) The filing of a request for prelitigation panel review under this section tolls the
2603 applicable statute of limitations until the later of:
2604 (i) 60 days following the division's issuance of:
2605 (A) an opinion by the prelitigation panel; or
2606 (B) a certificate of compliance under Section 78B-3-418; or
2607 (ii) the expiration of the time for holding a hearing under Subsection (4)(b)(ii).
2608 (b) The division shall:
2609 (i) send any opinion issued by the panel to all parties by regular mail; and
2610 (ii) complete a prelitigation hearing under this section within:
2611 (A) 180 days after the filing of the request for prelitigation panel review; or
2612 (B) any longer period as agreed upon in writing by all parties to the review.
2613 (c) If the prelitigation hearing has not been completed within the time limits
2614 established in Subsection (4)(b)(ii), the claimant shall:
2615 (i) file an affidavit of merit under the provisions of Section 78B-3-423; or
2616 (ii) file an affidavit with the division within 180 days of the request for pre-litigation
2617 review, in accordance with Subsection (4)(d), alleging that the respondent has failed to
2618 reasonably cooperate in scheduling the hearing.
2619 (d) If the claimant files an affidavit under Subsection (4)(c)(ii):
2620 (i) within 15 days of the filing of the affidavit under Subsection (4)(c)(ii), the division
2621 shall determine whether either the respondent or the claimant failed to reasonably cooperate in
2622 the scheduling of a pre-litigation hearing; and
2623 (ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
2624 scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
2625 shall, issue a certificate of compliance for the claimant in accordance with Section 78B-3-418;
2626 or
2627 (B) if the division makes a determination other than the determination in Subsection
2628 (4)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 78B-3-423,
2629 within 30 days of the determination of the division under this Subsection (4).
2630 (e) (i) The claimant and any respondent may agree by written stipulation that no useful
2631 purpose would be served by convening a prelitigation panel under this section.
2632 (ii) When the stipulation is filed with the division, the division shall within 10 days
2633 after receipt issue a certificate of compliance under Section 78B-3-418, as it concerns the
2634 stipulating respondent, and stating that the claimant has complied with all conditions precedent
2635 to the commencement of litigation regarding the claim.
2636 (5) The division shall provide for and appoint an appropriate panel or panels to hear
2637 complaints of medical liability and damages, made by or on behalf of any patient who is an
2638 alleged victim of medical liability. The panels are composed of:
2639 (a) one member who is a resident lawyer currently licensed and in good standing to
2640 practice law in this state and who shall serve as chairman of the panel, who is appointed by the
2641 division from among qualified individuals who have registered with the division indicating a
2642 willingness to serve as panel members, and a willingness to comply with the rules of
2643 professional conduct governing lawyers in the state, and who has completed division training
2644 regarding conduct of panel hearings;
2645 (b) (i) one or more members who are licensed health care providers listed under
2646 Section 78B-3-403, who are practicing and knowledgeable in the same specialty as the
2647 proposed defendant, and who are appointed by the division in accordance with Subsection (6);
2648 or
2649 (ii) in claims against only a health care facility or the facility's employees, one member
2650 who is an individual currently serving in a health care facility administration position directly
2651 related to health care facility operations or conduct that includes responsibility for the area of
2652 practice that is the subject of the liability claim, and who is appointed by the division; and
2653 (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
2654 provider, and who is a responsible citizen of the state, selected and appointed by the division
2655 from among individuals who have completed division training with respect to panel hearings.
2656 (6) (a) Each person listed as a health care provider in Section 78B-3-403 and practicing
2657 under a license issued by the state, is obligated as a condition of holding that license to
2658 participate as a member of a medical liability prelitigation panel at reasonable times, places,
2659 and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
2660 division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
2661 (b) A licensee may be excused from appearance and participation as a panel member
2662 upon the division finding participation by the licensee will create an unreasonable burden or
2663 hardship upon the licensee.
2664 (c) A licensee whom the division finds failed to appear and participate as a panel
2665 member when so ordered, without adequate explanation or justification and without being
2666 excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
2667 (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
2668 participate as a panel member when so ordered, without adequate explanation or justification
2669 and without being excused for cause by the division, may be assessed an administrative fine not
2670 to exceed $5,000, and is guilty of unprofessional conduct.
2671 (e) All fines collected under Subsections (6)(c) and (d) shall be deposited into the
2672 Physicians Education Fund created in Section 58-67a-1.
2673 (f) The director of the division may collect a fine that is not paid by:
2674 (i) referring the matter to a collection agency; or
2675 (ii) bringing an action in the district court of the county where the person against whom
2676 the penalty is imposed resides or in the county where the office of the director is located.
2677 (g) A county attorney or the attorney general of the state shall provide legal assistance
2678 and advice to the director in an action to collect a fine.
2679 (h) A court shall award reasonable attorney fees and costs to the prevailing party in an
2680 action brought by the division to collect a fine.
2681 (7) Each person selected as a panel member shall certify, under oath, that he has no
2682 bias or conflict of interest with respect to any matter under consideration.
2683 (8) A member of the prelitigation hearing panel may not receive compensation or
2684 benefits for the member's service, but may receive per diem and travel expenses in accordance
2685 with:
2686 (a) Section 63A-3-106;
2687 (b) Section 63A-3-107; and
2688 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2689 63A-3-107.
2690 (9) (a) In addition to the actual cost of administering the licensure of health care
2691 providers, the division may set license fees of health care providers within the limits
2692 established by law equal to their proportionate costs of administering prelitigation panels.
2693 (b) The claimant bears none of the costs of administering the prelitigation panel except
2694 under Section 78B-3-420.
2695 Section 51. Section 78B-3-426 is amended to read:
2696 78B-3-426. Nonpatient plaintiffs.
2697 (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as
2698 defined in [
2699 (2) This section does not apply to a health care malpractice action brought or seeking
2700 recovery under Section [
2701 (3) To establish a malpractice action against a health care provider, a nonpatient
2702 plaintiff shall be required to show that:
2703 (a) the health care provider owes a duty to the nonpatient plaintiff;
2704 (b) the nonpatient plaintiff suffered a foreseeable injury;
2705 (c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the
2706 health care provider; and
2707 (d) the health care provider's act or omission was conduct that manifests a knowing and
2708 reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.
2709 Section 52. Section 78B-6-316 is amended to read:
2710 78B-6-316. Compensatory service for violation of parent-time order or failure to
2711 pay child support.
2712 (1) As used in this section, "obligor" means the same as that term is defined in Section
2713 81-6-101.
2714 [
2715 comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall
2716 order the parent to:
2717 (a) perform a minimum of 10 hours of compensatory service; and
2718 (b) participate in workshops, classes, or individual counseling to educate the parent
2719 about the importance of complying with the court order and providing a child a continuing
2720 relationship with both parents.
2721 [
2722 court-ordered education, there is a rebuttable presumption that the noncustodial parent be
2723 granted parent-time by the court to provide child care during the time the custodial parent is
2724 complying with compensatory service or education in order to recompense him for parent-time
2725 wrongfully denied by the custodial parent under the divorce decree.
2726 [
2727 undergo court-ordered education, the court shall attempt to schedule the compensatory service
2728 or education at times that will not interfere with the noncustodial parent's parent-time with the
2729 child.
2730 [
2731 expenses of workshops, classes, and individual counseling.
2732 [
2733
2734 with [
2735 court shall order the obligor to:
2736 (a) perform a minimum of 10 hours of compensatory service; and
2737 (b) participate in workshops, classes, or individual counseling to educate the obligor
2738 about the importance of complying with the court order and providing the children with a
2739 regular and stable source of support.
2740 [
2741 individual counseling ordered by the court.
2742 [
2743 court-ordered education, the court shall attempt to schedule the compensatory service or
2744 education at times that will not interfere with the obligor's parent-time with the child.
2745 [
2746 court from imposing other sanctions or prevent any person from bringing a cause of action
2747 allowed under state or federal law.
2748 [
2749 Account to the judiciary to defray the cost of enforcing and administering this section.
2750 Section 53. Section 78B-7-204 is amended to read:
2751 78B-7-204. Content of orders -- Modification of orders -- Penalties.
2752 (1) A child protective order or an ex parte child protective order may contain the
2753 following provisions the violation of which is a class A misdemeanor under Section 76-5-108:
2754 (a) enjoin the respondent from threatening to commit or committing abuse of the child;
2755 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
2756 communicating with the child, directly or indirectly;
2757 (c) prohibit the respondent from entering or remaining upon the residence, school, or
2758 place of employment of the child and the premises of any of these or any specified place
2759 frequented by the child;
2760 (d) upon finding that the respondent's use or possession of a weapon may pose a
2761 serious threat of harm to the child, prohibit the respondent from purchasing, using, or
2762 possessing a firearm or other specified weapon; and
2763 (e) determine ownership and possession of personal property and direct the appropriate
2764 law enforcement officer to attend and supervise the petitioner's or respondent's removal of
2765 personal property.
2766 (2) A child protective order or an ex parte child protective order may contain the
2767 following provisions the violation of which is contempt of court:
2768 (a) determine temporary custody of the child who is the subject of the petition;
2769 (b) determine parent-time with the child who is the subject of the petition, including
2770 denial of parent-time if necessary to protect the safety of the child, and require supervision of
2771 parent-time by a third party;
2772 (c) determine child support in accordance with [
2773
2774 (d) order any further relief the court considers necessary to provide for the safety and
2775 welfare of the child.
2776 (3) (a) If the child who is the subject of the child protective order attends the same
2777 school or place of worship as the respondent, or is employed at the same place of employment
2778 as the respondent, the court:
2779 (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
2780 the respondent's school, place of worship, or place of employment; and
2781 (ii) may enter an order governing the respondent's conduct at the respondent's school,
2782 place of worship, or place of employment.
2783 (b) A violation of an order under Subsection (3)(a) is contempt of court.
2784 (4) (a) A respondent may petition the court to modify or vacate a child protective order
2785 after notice and a hearing.
2786 (b) At the hearing described in Subsection (4)(a):
2787 (i) the respondent shall have the burden of proving by clear and convincing evidence
2788 that modification or vacation of the child protective order is in the best interest of the child; and
2789 (ii) the court shall consider:
2790 (A) the nature and duration of the abuse;
2791 (B) the pain and trauma inflicted on the child as a result of the abuse;
2792 (C) if the respondent is a parent of the child, any reunification services provided in
2793 accordance with Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; and
2794 (D) any other evidence the court finds relevant to the determination of the child's best
2795 interests, including recommendations by the other parent or a guardian of the child, or a mental
2796 health professional.
2797 (c) The child is not required to attend the hearing described in Subsection (4)(a).
2798 Section 54. Section 78B-15-102 is amended to read:
2799 78B-15-102. Definitions.
2800 As used in this chapter:
2801 (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
2802 father of a child.
2803 (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
2804 genetic father or a possible genetic father of a child, but whose paternity has not been
2805 determined.
2806 (3) (a) "Assisted reproduction" means a method of causing pregnancy other than sexual
2807 intercourse. [
2808 (b) "Assisted reproduction" includes:
2809 [
2810 [
2811 [
2812 [
2813 [
2814 (4) "Birth expenses" means all medical costs associated with the birth of a child,
2815 including the related expenses for the biological mother during her pregnancy and delivery.
2816 (5) "Birth mother" means the biological mother of a child.
2817 (6) "Child" means an individual of any age whose parentage may be determined under
2818 this chapter.
2819 (7) "Commence" means to file the initial pleading seeking an adjudication of parentage
2820 in the appropriate tribunal of this state.
2821 (8) "Declarant father" means a male who, along with the biological mother claims to be
2822 the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
2823 paternity.
2824 (9) "Determination of parentage" means the establishment of the parent-child
2825 relationship by the signing of a valid declaration of paternity under Part 3, Voluntary
2826 Declaration of Paternity Act, or adjudication by a tribunal.
2827 (10) (a) "Donor" means an individual who produces eggs or sperm used for assisted
2828 reproduction, whether or not for consideration. [
2829 (b) "Donor" does not include:
2830 [
2831 assisted reproduction by the wife;
2832 [
2833 as otherwise provided in Part 8, Gestational Agreement; or
2834 [
2835 Part 8, Gestational Agreement.
2836 (11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
2837 that an individual identifies as all or part of the individual's ancestry or that is so identified by
2838 other information.
2839 (12) "Financial support" means a base child support award as defined in Section
2840 [
2841 payments, and sum certain judgments for past-due support.
2842 (13) (a) "Genetic testing" means an analysis of genetic markers to exclude or identify a
2843 man as the father or a woman as the mother of a child. [
2844 (b) "Genetic testing" includes an analysis of one or a combination of the following:
2845 [
2846 [
2847 enzymes, serum proteins, or red-cell enzymes.
2848 (14) "Gestational mother" means an adult woman who gives birth to a child under a
2849 gestational agreement.
2850 (15) [
2851 (16) "Medical support" means a provision in a support order that requires the purchase
2852 and maintenance of appropriate insurance for health and dental expenses of dependent children,
2853 and assigns responsibility for uninsured medical expenses.
2854 (17) "Parent" means an individual who has established a parent-child relationship
2855 under Section 78B-15-201.
2856 (18) (a) "Parent-child relationship" means the legal relationship between a child and a
2857 parent of the child. [
2858 (b) "Parent-child relationship" includes the mother-child relationship and the
2859 father-child relationship.
2860 (19) "Paternity index" means the likelihood of paternity calculated by computing the
2861 ratio between:
2862 (a) the likelihood that the tested man is the father, based on the genetic markers of the
2863 tested man and child, conditioned on the hypothesis that the tested man is the father of the
2864 child; and
2865 (b) the likelihood that the tested man is not the father, based on the genetic markers of
2866 the tested man and child, conditioned on the hypothesis that the tested man is not the father of
2867 the child and that the father is of the same ethnic or racial group as the tested man.
2868 (20) "Presumed father" means a man who, by operation of law under Section
2869 78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as
2870 set forth in this chapter.
2871 (21) "Probability of paternity" means the measure, for the ethnic or racial group to
2872 which the alleged father belongs, of the probability that the man in question is the father of the
2873 child, compared with a random, unrelated man of the same ethnic or racial group, expressed as
2874 a percentage incorporating the paternity index and a prior probability.
2875 (22) "Record" means information that is inscribed on a tangible medium or that is
2876 stored in an electronic or other medium and is retrievable in perceivable form.
2877 (23) "Signatory" means an individual who authenticates a record and is bound by its
2878 terms.
2879 (24) "State" means a state of the United States, the District of Columbia, Puerto Rico,
2880 the United States Virgin Islands, any territory, Native American Tribe, or insular possession
2881 subject to the jurisdiction of the United States.
2882 (25) "Support-enforcement agency" means a public official or agency authorized under
2883 Title IV-D of the Social Security Act which has the authority to seek:
2884 (a) enforcement of support orders or laws relating to the duty of support;
2885 (b) establishment or modification of child support;
2886 (c) determination of parentage; or
2887 (d) location of child-support obligors and their income and assets.
2888 (26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
2889 authorized to establish, enforce, or modify support orders or to determine parentage.
2890 Section 55. Section 78B-15-113 is amended to read:
2891 78B-15-113. Parent-time rights of father.
2892 (1) If the tribunal determines that the alleged father is the father, [
2893 upon [
2894 accordance with [
2895 and Visitation, as [
2896 (2) Parent-time rights may not be granted to a father if the child has been subsequently
2897 adopted.
2898 Section 56. Section 78B-15-603 is amended to read:
2899 78B-15-603. Parties to proceeding.
2900 The following individuals shall be joined as parties in a proceeding to adjudicate
2901 parentage:
2902 (1) the mother of the child;
2903 (2) a man whose paternity of the child is to be adjudicated; and
2904 (3) the state [
2905 Section 57. Section 78B-15-610 is amended to read:
2906 78B-15-610. Joinder of judicial proceedings -- Court reliance of custody and
2907 parent-time standards.
2908 (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
2909 parentage may be joined with a proceeding for adoption, termination of parental rights, child
2910 custody or visitation, child support, divorce, annulment, legal separation or separate
2911 maintenance, probate or administration of an estate, or other appropriate proceeding.
2912 (2) A respondent may not join a proceeding described in Subsection (1) with a
2913 proceeding to adjudicate parentage brought under Title 78B, Chapter 14, Utah Uniform
2914 Interstate Family Support Act.
2915 (3) A court [
2916
2917 support in accordance with Title 81, Chapter 6, Child Support, and Title 81,Chapter 9,
2918 Custody, Parent-time, and Visitation.
2919 Section 58. Section 78B-15-623 is amended to read:
2920 78B-15-623. Binding effect of determination of parentage.
2921 (1) Except as otherwise provided in Subsection (2), a determination of parentage is
2922 binding on:
2923 (a) all signatories to a declaration or denial of paternity as provided in Part 3,
2924 Voluntary Declaration of Paternity Act; and
2925 (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy
2926 the jurisdictional requirements of Section 78B-14-201.
2927 (2) A child is not bound by a determination of parentage under this chapter unless:
2928 (a) the determination was based on an unrescinded declaration of paternity and the
2929 declaration is consistent with the results of genetic testing;
2930 (b) the adjudication of parentage was based on a finding consistent with the results of
2931 genetic testing and the consistency is declared in the determination or is otherwise shown; or
2932 (c) the child was a party or was represented in the proceeding determining parentage by
2933 a guardian ad litem.
2934 (3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
2935 adjudication of the parentage of a child if the question of paternity is raised and the tribunal
2936 adjudicates according to Part 6, Adjudication of Parentage, and the final order:
2937 (a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
2938 similar words indicating that the husband is the father of the child; or
2939 (b) provides for support of the child by the husband unless paternity is specifically
2940 disclaimed in the order.
2941 (4) The tribunal is not considered to have made an adjudication of the parentage of a
2942 child if the child was born at the time of entry of the order and other children are named as
2943 children of the marriage, but that child is specifically not named.
2944 (5) Once the paternity of a child has been adjudicated, an individual who was not a
2945 party to the paternity proceeding may not challenge the paternity, unless:
2946 (a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
2947 (b) the challenger can demonstrate by clear and convincing evidence that the challenger
2948 did not know about the adjudicatory proceeding or did not have a reasonable opportunity to
2949 know of the proceeding; and
2950 (c) there would be harm to the child to leave the order in place.
2951 (6) A party to an adjudication of paternity may challenge the adjudication only under
2952 law of this state relating to appeal, vacation of judgments, or other judicial review.
2953 (7) A party to an adjudication may not bring a challenge under Subsection (6) if the
2954 party committed the fraud.
2955 Section 59. Section 78B-20-403 is amended to read:
2956 78B-20-403. Visitation before termination of temporary grant of custodial
2957 responsibility.
2958 After a deploying parent returns from deployment until a temporary agreement or order
2959 for custodial responsibility established under Part 2, Agreement Addressing Custodial
2960 Responsibility During Deployment, or a provision of a court order specifying temporary
2961 custodial responsibility during deployment issued under Part 3, Judicial Procedure for Granting
2962 Custodial Responsibility During Deployment, or [
2963 Custody, Parent-time, and Visitation, is terminated, the court shall issue a temporary order
2964 granting the deploying parent reasonable contact with the child unless it is contrary to the best
2965 interest of the child, even if the time of contact exceeds the time the deploying parent spent
2966 with the child before deployment.
2967 Section 60. Section 78B-20-404 is amended to read:
2968 78B-20-404. Termination by operation of law of temporary grant of custodial
2969 responsibility established by court order.
2970 (1) If an agreement between the parties to terminate a court order for temporary
2971 custodial responsibility during deployment under Part 3, Judicial Procedure for Granting
2972 Custodial Responsibility During Deployment, or to terminate a provision of an order for
2973 temporary custodial responsibility during deployment entered under [
2974 Chapter 9, Custody, Parent-time, and Visitation, has not been filed, the temporary order
2975 terminates 30 days after the day on which the deploying parent gives notice to the other parent
2976 and any nonparent granted custodial responsibility that the deploying parent has returned from
2977 deployment.
2978 (2) A proceeding seeking to prevent termination of a temporary order for custodial
2979 responsibility is governed by the law of this state other than this chapter.
2980 Section 61. Section 80-2-906 is amended to read:
2981 80-2-906. Financial responsibility for child placed under Interstate Compact.
2982 (1) Financial responsibility for a child placed under the provisions of the Interstate
2983 Compact on the Placement of Children shall, in the first instance, be determined in accordance
2984 with the provisions of Article V of the compact.
2985 (2) In the event of partial or complete default of performance under the compact, the
2986 provisions of [
2987 Support, may also be invoked.
2988 Section 62. Section 81-1-101 is enacted to read:
2989
2990
2991
2992 81-1-101. Definitions for title.
2993 As used in this title:
2994 (1) "Child" means, except as provided in Section 81-6-101, a biological or adopted
2995 child of any age.
2996 (2) "Court" means:
2997 (a) a judge; or
2998 (b) a court commissioner if the court commissioner has authority to hear the matter
2999 under Section 78A-5-107 or the Utah Rules of Judicial Administration.
3000 (3) "Custodial parent" means:
3001 (a) a parent awarded primary physical custody of a minor child by a court order;
3002 (b) if both parents have joint physical custody:
3003 (i) the parent awarded more overnights each year by a court order; or
3004 (ii) the parent designated as the custodial parent by a court order; or
3005 (c) if there is no court order, the parent with whom the minor child resides more than
3006 one-half of the calendar year without regard to any temporary parent-time.
3007 (4) "Minor child" means, except as provided in Section 81-6-101, a child who is
3008 younger than 18 years old and is not emancipated.
3009 (5) "Noncustodial parent" means the parent who is not the custodial parent regardless
3010 of any designation of joint legal custody.
3011 (6) "Parent" means a parent with an established parent-child relationship as described
3012 in Section 78B-15-201.
3013 Section 63. Section 81-1-201 is enacted to read:
3014
3015 81-1-201. Definitions for part.
3016 As used in this part:
3017 (1) "Alimony" means the same as that term is defined in Section 81-4-101.
3018 (2) "Child support" means the same as that term is defined in Section 81-6-101.
3019 Section 64. Section 81-1-202 is enacted to read:
3020 81-1-202. Court records in a domestic relations action.
3021 (1) (a) In an action under this title, Title 78B, Chapter 13, Utah Uniform Child Custody
3022 Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family
3023 Support Act, or Title 78B, Chapter 15, Utah Uniform Parentage Act, a party may file a motion
3024 to have the records of the action other than the final judgment, order, or decree, classified as
3025 private.
3026 (b) If the court finds that there are substantial interests favoring restricting access that
3027 clearly outweigh the interests favoring access, the court may classify the records of the action,
3028 or any part of the records of the action, other than the final order, judgment, or decree, as
3029 private.
3030 (c) An order classifying part of the records of the action as private does not apply to
3031 subsequent filings.
3032 (d) The record of an action is private until the court determines it is possible to release
3033 the record without prejudice to the interests that justified the closure.
3034 (2) (a) Any interested person may petition the court to permit access to a record
3035 classified as private as described in Subsection (1).
3036 (b) The interested person described in Subsection (2)(a) shall serve the petition on the
3037 parties to the closure order.
3038 (3) A party shall place the social security number of any individual, who is the subject
3039 of an action under this title, in the records relating to the matter.
3040 Section 65. Section 81-1-203, which is renumbered from Section 30-3-3 is renumbered
3041 and amended to read:
3042 [
3043 -- Temporary support and maintenance.
3044 [
3045
3046
3047
3048 (1) (a) In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter
3049 7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody,
3050 parent-time, child support, alimony, or the division of property in a domestic case, the court
3051 may order a party to pay the costs, attorney fees, and witness fees, including expert witness
3052 fees, of the other party to enable the other party to prosecute or defend the action.
3053 (b) The order under Subsection (1)(a) may include a provision for costs of the action.
3054 (2) In [
3055 alimony, or division of property in a domestic case, the court may award costs and attorney fees
3056 upon determining that the party substantially prevailed upon the claim or defense.
3057 (3) The court, in [
3058 party if the court finds the party is [
3059 not awarding fees.
3060 [
3061 order a party to provide money, during the pendency of the action, for the separate support and
3062 maintenance of the other party and of [
3063 party.
3064 (5) The court may amend an order entered in accordance with this section before the
3065 entry of the final order or judgment or in the final order or judgment.
3066 [
3067
3068 Section 66. Section 81-1-204 is enacted to read:
3069 81-1-204. Continuing jurisdiction of a court in a domestic relations action.
3070 In an action under this title, the court has continuing jurisdiction after a decree or final
3071 order is entered to make subsequent changes to the order, or to enter a new order, regarding:
3072 (1) the distribution of the property and obligations for debts, as is reasonable and
3073 necessary, for an action described in Chapter 4, Dissolution of Marriage;
3074 (2) alimony in accordance with Section 81-4-503;
3075 (3) child support and medical expenses in accordance with Sections 81-6-208 and
3076 81-6-212; and
3077 (4) custody and parent-time in accordance with Section 81-9-208.
3078 Section 67. Section 81-2-101 is enacted to read:
3079
3080
3081 81-2-101. Definitions for chapter.
3082 Reserved.
3083 Section 68. Section 81-2-102, which is renumbered from Section 30-1-4.1 is
3084 renumbered and amended to read:
3085 [
3086 (1) (a) It is the policy of this state to recognize as marriage only the legal union of a
3087 man and a woman as provided in this chapter.
3088 (b) Except for the relationship of marriage between a man and a woman recognized
3089 pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law
3090 creating any legal status, rights, benefits, or duties that are substantially equivalent to those
3091 provided under Utah law to a man and a woman because they are married.
3092 (2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties
3093 that are enforceable independently of this section.
3094 Section 69. Section 81-2-201, which is renumbered from Section 30-1-36 is
3095 renumbered and amended to read:
3096
3097 [
3098 As used in this part:
3099 (1) [
3100 counseling, individual counseling, and couple counseling.
3101 (2) [
3102 (a) a lecture, class, seminar, or workshop provided by a person that meets the
3103 requirements of Subsection [
3104 (b) an online course approved by the Utah Marriage Commission as provided in
3105 Subsection [
3106 Section 70. Section 81-2-202, which is renumbered from Section 30-1-30 is
3107 renumbered and amended to read:
3108 [
3109 Applicability.
3110 It is the policy of the state to enhance the possibility of couples to achieve more stable,
3111 satisfying, and enduring marital and family relationships by providing opportunities for and
3112 encouraging the use of premarital counseling or education before securing a marriage license.
3113 Section 71. Section 81-2-203, which is renumbered from Section 30-1-31 is
3114 renumbered and amended to read:
3115 [
3116 terms, compensation, offices -- Common counseling board with adjacent county.
3117 [
3118 (1) A county is authorized to:
3119 (a) provide for premarital counseling; and [
3120 (b) require the use of premarital counseling as a condition precedent to the issuance of
3121 a marriage license under the provisions of this [
3122 (2) [
3123 members, four of whom shall be lay persons and three of whom shall be chosen from the
3124 professions of psychiatry, psychology, social work, marriage counseling, the clergy, law or
3125 medicine.
3126 (3) [
3127 followed by the premarital counseling board and provide for payment of compensation and
3128 expenses for members.
3129 (4) [
3130 the supervision of the premarital counseling board and provide office space, furnishings,
3131 equipment and supplies for [
3132 (5) A county may join with an adjacent county or counties in forming a common
3133 premarital counseling board and in establishing a common master plan for premarital
3134 counseling.
3135 Section 72. Section 81-2-204, which is renumbered from Section 30-1-32 is
3136 renumbered and amended to read:
3137 [
3138 (1) It shall be the function and duty of the premarital counseling board, after holding
3139 public hearings, to make, adopt, and certify to the county legislative body a master plan for
3140 premarital counseling of marriage license applicants within the purposes and objectives of this
3141 [
3142 (2) The master plan described in Subsection (1) shall include:
3143 (a) counseling procedures that:
3144 (i) will make applicants aware of problem areas in their proposed marriage;
3145 (ii) suggest ways of meeting problems; and
3146 (iii) will induce reconsideration or postponement when:
3147 (A) the applicants are not sufficiently matured or are not financially capable of meeting
3148 the responsibilities of marriage; or
3149 (B) are marrying for reasons not conducive to a sound lasting marriage; and
3150 (b) standards for evaluating premarital counseling received by the applicants, prior to
3151 their application for a marriage license, which would justify issuance of certificate without
3152 further counseling being given or required.
3153 (3) The premarital counseling board may, from time to time, amend or extend the plan
3154 described in Subsection (1).
3155 (4) The premarital counseling board may, subject to Subsection (5):
3156 (a) appoint a staff and employees as may be necessary for its work; and
3157 (b) contract with social service agencies or other consultants within the county or
3158 counties for services it requires.
3159 (5) Expenditures for the appointments and contracts described in Subsection (4) may
3160 not exceed the sums appropriated by the county legislative body plus sums placed at its
3161 disposal through gift or otherwise.
3162 Section 73. Section 81-2-205, which is renumbered from Section 30-1-33 is
3163 renumbered and amended to read:
3164 [
3165 to marriage license -- Exceptions.
3166 Whenever [
3167 premarital counseling no resident of the county may obtain a marriage license without
3168 conforming to the plan, except that:
3169 (1) [
3170 to secure the license and to marry notwithstanding [
3171 the required premarital counseling or [
3172 authorization from the premarital counseling board if [
3173 months from the date of application for issuance of the license[
3174 (2) [
3175 where both parties are at least 19 years [
3176 (3) [
3177 unless both applicants have physically resided in Utah for 60 days immediately preceding their
3178 application[
3179 (4) [
3180 by this part is considered fulfilled if the applicants present a certificate verified by a clergyman
3181 that the applicants have completed a course of premarital counseling approved by a church and
3182 given by or under the supervision of the clergyman.
3183 Section 74. Section 81-2-206, which is renumbered from Section 30-1-34 is
3184 renumbered and amended to read:
3185 [
3186 (1) The county clerk of a county that operates an online marriage application system
3187 and issues a marriage license to applicants who certify completion of premarital counseling or
3188 education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
3189 (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
3190 completion of premarital counseling or education in accordance with this Subsection (2).
3191 (b) To complete premarital counseling or education, the applicants:
3192 (i) shall obtain the premarital counseling or education from:
3193 (A) a licensed or ordained minister or the minister's designee who is trained by the
3194 minister or denomination to conduct premarital counseling or education;
3195 (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
3196 Practice Act;
3197 (C) an individual certified by a national organization recognized by the Utah Marriage
3198 Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as a family life
3199 educator;
3200 (D) a family and consumer sciences educator;
3201 (E) an individual who is an instructor approved by a premarital education curriculum
3202 that meets the requirements of Subsection (2)(b)(ii); or
3203 (F) an online course approved by the Utah Marriage Commission;
3204 (ii) shall receive premarital counseling or education that includes information on
3205 important factors associated with strong and healthy marriages, including:
3206 (A) commitment in marriage; and
3207 (B) effective communication and problem-solving skills, including avoiding violence
3208 and abuse in the relationship;
3209 (iii) shall complete at least three hours of premarital counseling or six hours of
3210 premarital education meeting the requirements of this Subsection (2); and
3211 (iv) shall complete the premarital counseling or education meeting the requirements of
3212 this Subsection (2) not more than one year before but at least 14 days before the day on which
3213 the marriage license is issued.
3214 (c) Although applicants are encouraged to take the premarital counseling or education
3215 together, each applicant may comply with the requirements of this Subsection (2) separately.
3216 (3) A provider of premarital counseling or education under this section is encouraged
3217 to use research-based relationship inventories.
3218 Section 75. Section 81-2-207, which is renumbered from Section 30-1-35 is
3219 renumbered and amended to read:
3220 [
3221 board -- Exemption from license requirements.
3222 For the purposes of this [
3223 or combination of counties may determine those persons who are to perform any services under
3224 this [
3225 the person's failure to hold any license for these services as may be required by the laws of the
3226 state.
3227 Section 76. Section 81-2-208, which is renumbered from Section 30-1-37 is
3228 renumbered and amended to read:
3229 [
3230 provisions.
3231 (1) Except for the information required or to be required on the marriage license
3232 application form, any information given by a marriage license applicant in compliance with this
3233 [
3234 (a) shall be confidential information [
3235 (b) may not be released by any person, board, commission, or other entity. [
3236 (2) Notwithstanding Subsection (1), the premarital counseling board or board of
3237 commissioners may use the information given by a marriage license applicant, without
3238 identification of individuals, to compile and release statistical data.
3239 Section 77. Section 81-2-209, which is renumbered from Section 30-1-38 is
3240 renumbered and amended to read:
3241 [
3242 Any county adopting a master plan under this act is authorized to charge, in addition to
3243 [
3244 counseling, to be paid by the applicants at the time [
3245 Section 78. Section 81-2-301 is enacted to read:
3246
3247 81-2-301. Definitions for part.
3248 As used in this part:
3249 (1) "County clerk" means:
3250 (a) the county clerk of the county; or
3251 (b) an employee or designee of the county clerk who is authorized to issue marriage
3252 licenses or solemnize marriages.
3253 (2) "Judge or magistrate of the United States" means:
3254 (a) a justice of the United States Supreme Court;
3255 (b) a judge of a court of appeals;
3256 (c) a judge of a district court;
3257 (d) a judge of any court created by an act of Congress, the judges of which are entitled
3258 to hold office during good behavior;
3259 (e) a judge of a bankruptcy court;
3260 (f) a judge of a tax court; or
3261 (g) a United States magistrate.
3262 (3) "Minor" means an individual who is 16 or 17 years old.
3263 (4) (a) "Native American spiritual advisor" means an individual who:
3264 (i) leads, instructs, or facilitates a Native American religious ceremony or service or
3265 provides religious counseling; and
3266 (ii) is recognized as a spiritual advisor by a federally recognized Native American tribe.
3267 (b) "Native American spiritual advisor" includes a sweat lodge leader, medicine
3268 person, traditional religious practitioner, or holy man or woman.
3269 Section 79. Section 81-2-302, which is renumbered from Section 30-1-7 is renumbered
3270 and amended to read:
3271 [
3272 (1) [
3273 license issued by the county clerk of any county of this state.
3274 (2) A license issued within this state by a county clerk may only be used within this
3275 state.
3276 (3) A license that is not used within 32 days after the day on which the licensed is
3277 issued is void.
3278 Section 80. Section 81-2-303, which is renumbered from Section 30-1-8 is renumbered
3279 and amended to read:
3280 [
3281 [
3282
3283 [
3284 with the county clerk's office, requiring the following information:
3285 (a) the full names of the applicants, including the maiden or bachelor name of each
3286 applicant;
3287 (b) the social security numbers of the applicants, unless an applicant has not been
3288 assigned a number;
3289 (c) the current address of each applicant;
3290 (d) the date and place of birth, including the town or city, county, state or country, if
3291 possible;
3292 (e) the names of the applicants' respective parents, including the maiden name of a
3293 mother; and
3294 (f) the birthplaces of the applicants' respective parents, including the town or city,
3295 county, state or country, if possible.
3296 [
3297 each minor with a standard petition on a form provided by the Judicial Council to be presented
3298 to the juvenile court to obtain the authorization required by Section [
3299 (b) The form described in Subsection [
3300 (i) all information described in Subsection [
3301 (ii) [
3302 guardian to indicate the parent or legal guardian's relationship to the minor in accordance with
3303 Subsection 81-2-304(1)(a);
3304 (iii) an affidavit for the parent or legal guardian to acknowledge the penalty described
3305 in Section [
3306 (iv) an affidavit for each applicant regarding the accuracy of the information contained
3307 in the marriage application signed under penalty of perjury; and
3308 (v) a place for the clerk to sign that indicates that the following have provided
3309 documentation to support the information contained in the form:
3310 (A) each applicant; and
3311 (B) the minor's parent or legal guardian.
3312 [
3313 may not be recorded on the marriage license[
3314 vital statistics files.
3315 (b) The [
3316 upon request, supply the social security numbers to the Office of Recovery Services [
3317
3318 (c) The Office of Recovery Services may not use a social security number obtained
3319 under the authority of this section for any reason other than the administration of child support
3320 services.
3321 (4) (a) A county clerk may not issue a marriage license until an affidavit is made before
3322 the clerk by a party applying for the marriage license that shows there is no lawful reason in the
3323 way of the marriage.
3324 (b) The county clerk shall file and preserve the affidavit under Subsection (4)(a).
3325 (c) A party who makes an affidavit described in Subsection (4)(a), or a subscribing
3326 witness to the affidavit who falsely swears in the affidavit, is guilty of perjury.
3327 (5) A county clerk who knowingly issues a marriage license for any prohibited
3328 marriage is guilty of a class A misdemeanor.
3329 Section 81. Section 81-2-304, which is renumbered from Section 30-1-9 is renumbered
3330 and amended to read:
3331 [
3332 Juvenile court authorization.
3333 [
3334
3335 [
3336
3337 applying for a license, a county clerk may not issue a marriage license without the signed
3338 consent of the minor's parent or legal guardian given in person to the clerk, except that:
3339 (i) if the parents of the minor are divorced, consent shall be given by the parent having
3340 legal custody of the minor as evidenced by an oath of affirmation to the clerk;
3341 (ii) if the parents of the minor are divorced and have been awarded joint custody of the
3342 minor, consent shall be given by the parent having physical custody of the minor the majority
3343 of the time as evidenced by an oath of affirmation to the clerk; or
3344 (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
3345 consent and provide proof of guardianship by court order as well as an oath of affirmation.
3346 (b) Each applicant, and [
3347 legal guardian if an applicant is a minor, shall appear in person before the county clerk and
3348 provide legal documentation to establish the following information:
3349 (i) the legal relationship between the minor and the minor's parent or legal guardian;
3350 (ii) the legal name and identity of the minor; and
3351 (iii) the birth date of each applicant.
3352 (c) An individual may present the following documents to satisfy a requirement
3353 described in Subsection [
3354 (i) for verifying the legal relationship between the minor and the minor's parent or legal
3355 guardian, one of the following:
3356 (A) the minor's certified birth certificate with the name of the parent, and an official
3357 translation if the birth certificate is in a language other than English;
3358 (B) a report of a birth abroad with the name of the minor and the parent;
3359 (C) a certified adoption decree with the name of the minor and the parent; or
3360 (D) a certified court order establishing custody or guardianship between the minor and
3361 the parent or legal guardian;
3362 (ii) for verifying the legal name and identity of the minor, one of the following:
3363 (A) an expired or current passport;
3364 (B) a driver's license;
3365 (C) a certificate of naturalization;
3366 (D) a military identification; or
3367 (E) a government employee identification card from a federal, state, or municipal
3368 government; and
3369 (iii) for verifying the birth date of each applicant, one of the following for each
3370 applicant:
3371 (A) a certified birth certificate;
3372 (B) a report of a birth abroad;
3373 (C) a certificate of naturalization;
3374 (D) a certificate of citizenship;
3375 (E) a passport;
3376 (F) a driver's license; or
3377 (G) a state identification card.
3378 (d) An individual may not use a temporary or altered document to satisfy a requirement
3379 described in Subsection [
3380 [
3381 written authorization to marry from:
3382 (i) a judge of the court exercising juvenile jurisdiction in the county where either party
3383 to the marriage resides; or
3384 (ii) a court commissioner as permitted by rule of the Judicial Council.
3385 (b) Before issuing written authorization for a minor to marry, the judge or court
3386 commissioner shall determine:
3387 (i) that the minor is entering into the marriage voluntarily; and
3388 (ii) the marriage is in the best [
3389 (c) The judge or court commissioner shall require that both parties to the marriage
3390 complete premarital counseling, except the requirement for premarital counseling may be
3391 waived if premarital counseling is not reasonably available.
3392 (d) The judge or court commissioner may require:
3393 (i) that the minor continue to attend school, unless excused under Section 53G-6-204;
3394 and
3395 (ii) any other conditions that the court deems reasonable under the circumstances.
3396 (e) The judge or court commissioner may not issue a written authorization to the minor
3397 if the age difference between both parties to the marriage is more than seven years.
3398 [
3399 record.
3400 (b) Any inquiry conducted by the judge or commissioner may be conducted in
3401 chambers.
3402 (4) (a) A parent or legal guardian who knowingly consents or allows a minor to enter
3403 into a marriage prohibited by law is guilty of a third degree felony.
3404 (b) An individual is guilty of a third degree felony if the individual:
3405 (i) knowingly, with or without a license, solemnizes the marriage of an individual who
3406 is younger than 18 years old and the marriage is prohibited by law;
3407 (ii) without a written authorization from the juvenile court, solemnizes a marriage to
3408 which a party is a minor;
3409 (iii) impersonates a parent or legal guardian of a minor to obtain a license for the minor
3410 to marry; or
3411 (iv) forges the name of a parent or legal guardian of a minor on any writing purporting
3412 to give consent to a marriage of a minor.
3413 Section 82. Section 81-2-305, which is renumbered from Section 30-1-6 is renumbered
3414 and amended to read:
3415 [
3416 [
3417 [
3418 [
3419 [
3420 [
3421 [
3422
3423 [
3424 [
3425 [
3426 [
3427 [
3428
3429 [
3430
3431 [
3432
3433 [
3434 (a) an individual 18 years old or older who is authorized by a religious denomination to
3435 solemnize a marriage;
3436 (b) a Native American spiritual advisor;
3437 (c) the governor;
3438 (d) the lieutenant governor;
3439 (e) the state attorney general;
3440 (f) the state treasurer;
3441 (g) the state auditor;
3442 (h) a mayor of a municipality or county executive;
3443 (i) a justice, judge, or commissioner of a court of record;
3444 (j) a judge of a court not of record of the state;
3445 (k) a judge or magistrate of the United States;
3446 (l) the county clerk of any county in the state or the county clerk's designee as
3447 authorized by Section 17-20-4;
3448 (m) a senator or representative of the Utah Legislature;
3449 (n) a member of the state's congressional delegation; or
3450 (o) a judge or magistrate who holds office in Utah when retired, under rules set by the
3451 Supreme Court.
3452 [
3453 marriage shall give to the couple married a certificate of marriage that shows the:
3454 (a) name of the county from which the license is issued; and
3455 (b) date of the license's issuance.
3456 [
3457 described in Subsection [
3458 [
3459 notwithstanding any other provision in law, no individual authorized under Subsection [
3460 to solemnize a marriage may delegate or deputize another individual to perform the function of
3461 solemnizing a marriage.
3462 (5) (a) Within 30 days after the day on which a marriage is solemnized, the individual
3463 solemnizing the marriage shall return the marriage license to the county clerk that issued the
3464 marriage license with a certificate of the marriage over the individual's signature stating the
3465 date and place of celebration and the names of two or more witnesses present at the marriage.
3466 (b) An individual described in Subsection (5)(a) who fails to return the license is guilty
3467 of an infraction.
3468 (6) (a) An individual is guilty of a third degree felony if the individual knowingly:
3469 (i) solemnizes a marriage without a valid marriage license; or
3470 (ii) solemnizes a marriage in violation of this section.
3471 (b) An individual is guilty of a class A misdemeanor if the individual knowingly, with
3472 or without a marriage license, solemnizes a marriage between two individuals who are 18 years
3473 old or older that is prohibited by law.
3474 Section 83. Section 81-2-306, which is renumbered from Section 30-1-12 is
3475 renumbered and amended to read:
3476 [
3477 as vital record.
3478 [
3479
3480 (1) (a) The county clerk shall:
3481 (i) file and preserve the marriage license returned by an individual under Subsection
3482 81-2-305(5) with the certificate of the marriage; and
3483 (ii) record the marriage license and certificate in a book kept for that purpose[
3484 electronic means.
3485 (b) The record shall be properly indexed in the names of the parties so married.
3486 (2) An individual may use a diacritical mark, as defined in Section 26B-8-103, on a
3487 marriage license.
3488 (3) A transcript shall be promptly certified and transmitted by the clerk to the state
3489 registrar of vital statistics.
3490 (4) The marriage license and the certificate of the individual officiating at the marriage
3491 are:
3492 (a) vital records as defined in Section 26B-8-101; and [
3493 (b) subject to the inspection requirements described in Section 26B-8-125.
3494 Section 84. Section 81-2-401 is enacted to read:
3495
3496 81-2-401. Definitions for part.
3497 Reserved.
3498 Section 85. Section 81-2-402, which is renumbered from Section 30-1-1 is renumbered
3499 and amended to read:
3500 [
3501 (1) The following marriages are incestuous and void from the beginning, regardless of
3502 whether the relationship is legally recognized:
3503 (a) [
3504 (b) [
3505 an ancestor and a descendant of any degree;
3506 (c) [
3507 between siblings of the half or whole blood;
3508 [
3509 [
3510 [
3511 (d) a marriage between an uncle and a niece or nephew;
3512 (e) a marriage between an aunt and a niece or nephew;
3513 [
3514 marriage between first cousins; or
3515 [
3516 between individuals related to each other within and not including the fifth degree of
3517 consanguinity computed according to the rules of the civil law[
3518
3519 (2) First cousins may marry under the following circumstances:
3520 (a) both parties are 65 years [
3521 (b) if both parties are 55 years [
3522 located in the district in which either party resides, that either party is unable to reproduce.
3523 Section 86. Section 81-2-403, which is renumbered from Section 30-1-2 is renumbered
3524 and amended to read:
3525 [
3526 (1) The following marriages are prohibited and declared void:
3527 (a) when there is a spouse living[
3528 divorced;
3529 (b) except as provided in Subsection (2), [
3530 marrying is under 18 years old; [
3531 (c) between a divorced individual and any individual other than the one from whom the
3532 divorce was secured until:
3533 (i) the divorce decree becomes absolute[
3534 (ii) if an appeal is taken, until after the affirmance of the divorce decree.
3535 (2) A marriage of an individual under 18 years old is not void if the individual:
3536 (a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile
3537 court authorization in accordance with Section [
3538 (b) lawfully marries before May 14, 2019.
3539 Section 87. Section 81-2-404, which is renumbered from Section 30-1-2.1 is
3540 renumbered and amended to read:
3541 [
3542 chronic epileptic fits who had not been sterilized.
3543 [
3544
3545
3546
3547 that was not valid or legal before May 14, 1963, on the basis that a party was subject to chronic
3548 epileptic fits and had not been sterilized is considered valid and legal in this state.
3549 Section 88. Section 81-2-405, which is renumbered from Section 30-1-2.2 is
3550 renumbered and amended to read:
3551 [
3552 ethnicity, or national origin of the parties.
3553 [
3554
3555
3556
3557
3558 before July 1, 1965, on the basis of the race, ethnicity, or national origin of those individuals is
3559 considered valid and legal in this state.
3560 Section 89. Section 81-2-406, which is renumbered from Section 30-1-2.3 is
3561 renumbered and amended to read:
3562 [
3563 immune deficiency syndrome or other sexually transmitted disease.
3564 [
3565
3566
3567
3568
3569 before October 21, 1993, on the basis that a party was afflicted with acquired immune
3570 deficiency syndrome, syphilis, or gonorrhea, is considered valid and legal in this state.
3571 Section 90. Section 81-2-407, which is renumbered from Section 30-1-4 is renumbered
3572 and amended to read:
3573 [
3574 A marriage solemnized in any other country, state, or territory, if valid where
3575 solemnized, is valid in this state, unless [
3576 (1) [
3577 Subsection [
3578 (2) the marriage is between parties who are related to each other within and including
3579 three degrees of consanguinity, except as provided in Subsection [
3580 Section 91. Section 81-2-408, which is renumbered from Section 30-1-4.5 is
3581 renumbered and amended to read:
3582 [
3583 an unauthorized individual.
3584 (1) A marriage [
3585 legal and valid if a court or administrative order establishes that the marriage arises out of a
3586 contract between [
3587 (a) are of legal age and capable of giving consent;
3588 (b) are legally capable of entering a solemnized marriage under the provisions of this
3589 chapter;
3590 (c) have cohabited;
3591 (d) mutually assume marital rights, duties, and obligations; and
3592 (e) who hold themselves out as and have acquired a uniform and general reputation as
3593 [
3594 (2) (a) A petition for an unsolemnized marriage shall be filed during the relationship
3595 described in Subsection (1), or within one year following the termination of that relationship.
3596 (b) Evidence of a marriage recognizable under this section may be:
3597 (i) manifested in any form[
3598 (ii) proved under the same general rules of evidence as facts in other cases.
3599 (3) (a) A marriage solemnized before an individual professing to have authority to
3600 perform marriages may not be invalidated for lack of authority if consummated in the belief of
3601 the parties or either party that the person had authority and that the parties have been lawfully
3602 married.
3603 (b) Subsection (3)(a) may not be construed to validate a marriage that is prohibited or
3604 void under Section 81-2-403.
3605 Section 92. Section 81-2-409, which is renumbered from Section 30-1-3 is renumbered
3606 and amended to read:
3607 [
3608 When a marriage is void under Subsection [
3609 entered into the marriage in good faith, a child of the marriage, who is born or conceived
3610 before the parties had actual knowledge that the marriage was void, shall be legally recognized
3611 as the child of the parties.
3612 Section 93. Section 81-3-101 is enacted to read:
3613
3614
3615 81-3-101. Definitions for part.
3616 Reserved.
3617 Section 94. Section 81-3-102, which is renumbered from Section 30-2-2 is renumbered
3618 and amended to read:
3619 [
3620 [
3621
3622 may contract, sue, or be sued, to the same extent and in the same manner as if the individual
3623 was unmarried.
3624 Section 95. Section 81-3-103, which is renumbered from Section 30-2-3 is renumbered
3625 and amended to read:
3626 [
3627 A conveyance, transfer, or lien executed by [
3628 in favor of the [
3629 persons.
3630 Section 96. Section 81-3-104, which is renumbered from Section 30-2-4 is renumbered
3631 and amended to read:
3632 [
3633 personal injury.
3634 (1) A [
3635 (a) receive the wages for [
3636 (b) maintain an action [
3637 in [
3638 (c) prosecute and defend all actions for the preservation and protection of [
3639 individual's rights and property as if unmarried.
3640 (2) [
3641 right of recovery:
3642 (a) on account of personal injury or wrong to [
3643 (b) for expenses connected [
3644 to the husband's wife.
3645 (3) (a) A wife may recover against a third person for [
3646 injury or wrong to the wife as if unmarried[
3647 (b) A recovery shall include expenses of medical treatment and other expenses paid or
3648 assumed by the husband.
3649 Section 97. Section 81-3-105, which is renumbered from Section 30-2-5 is renumbered
3650 and amended to read:
3651 [
3652 (1) [
3653 debts, obligations, or liabilities of the [
3654 (a) contracted or incurred before marriage;
3655 (b) contracted or incurred during marriage, except family expenses as provided in
3656 Section [
3657 (c) contracted or incurred after divorce or an order for separate maintenance under [
3658
3659
3660
3661
3662 the individual is personally liable for any support ordered by a court as described in Chapter 6,
3663 Child Support, or an administrative agency as described in Title 26B, Chapter 9, Recovery
3664 Services and Administration of Child Support; or
3665 (d) ordered by the court to be paid by the [
3666
3667 or 15-4-6.7.
3668 (2) [
3669 property, rents, or other income of [
3670
3671
3672 Section 98. Section 81-3-106, which is renumbered from Section 30-2-6 is renumbered
3673 and amended to read:
3674 [
3675 [
3676 control of property belonging to the [
3677 owner of the property may maintain an action therefor, or for any right growing out of the
3678 same, in the same manner and to the same extent as if [
3679 unmarried.
3680 Section 99. Section 81-3-107, which is renumbered from Section 30-2-7 is renumbered
3681 and amended to read:
3682 [
3683 [
3684
3685 (1) If a married individual is held liable in a civil action, the plaintiff may recover
3686 damages from the individual alone.
3687 (2) The spouse of the individual described in Subsection (1) may not be held liable [
3688
3689
3690 not exist.
3691 Section 100. Section 81-3-108, which is renumbered from Section 30-2-8 is
3692 renumbered and amended to read:
3693 [
3694 A [
3695 (1) constitute the [
3696
3697 of the individual and the individual's spouse or otherwise[
3698 (2) revoke the appointment the same as other persons.
3699 Section 101. Section 81-3-109, which is renumbered from Section 30-2-9 is
3700 renumbered and amended to read:
3701 [
3702 [
3703
3704
3705 (1) As used in this section:
3706 (a) "Family expenses" means expenses incurred that benefit and promote the family
3707 unit.
3708 (b) "Family expenses" do not include items purchased in accordance with a written
3709 contract or agreement during the marriage that do not relate to the expenses described in
3710 Subsection (1)(a).
3711 (2) (a) A married individual, and the married individual's property, is chargeable for
3712 family expenses and expenses for the education of a minor child.
3713 (b) A married individual may be sued separately or jointly with the individual's spouse
3714 for the expenses described in Subsection (2)(a).
3715 [
3716 agreement signed by [
3717 creditor or an assignee or successor in interest of the creditor is entitled to recover the
3718 contractually allowed amounts against both spouses, jointly and severally.
3719 [
3720 entered into by [
3721 [
3722
3723
3724
3725 (5) The provisions of Subsections [
3726 attorney's fees or collection fees as to the nonsigning spouse for purchases of:
3727 (a) food or clothing; or
3728 (b) home improvements or repairs over $5,000.
3729 Section 102. Section 81-3-110, which is renumbered from Section 30-2-10 is
3730 renumbered and amended to read:
3731 [
3732 [
3733 (1) A married individual may not remove the individual's spouse or minor child from
3734 the homestead without the consent of the [
3735 property shall in good faith provide another homestead suitable to the condition in life of the
3736 family[
3737 (2) If a married individual abandons the individual's spouse, the individual's spouse is
3738 entitled to the custody of [
3739
3740 Section 103. Section 81-3-111, which is renumbered from Section 30-2-11 is
3741 renumbered and amended to read:
3742 [
3743 (1) [
3744 (a) [
3745 an individual that substantially changes that [
3746
3747 (i) a partial or complete paralysis of one or more of the extremities;
3748 (ii) significant disfigurement; or
3749 (iii) incapability of the [
3750 individual performed before the injury[
3751 (b) [
3752 (i) established between [
3753 laws of this state; and
3754 (ii) existing at the time of the person's injury.
3755 (2) The spouse of [
3756 1997, may maintain an action against the third party to recover for loss of consortium.
3757 (3) A claim for loss of consortium begins on the date of injury to the spouse.
3758 (4) The statute of limitations applicable to the injured [
3759 apply to the spouse's claim of loss of consortium.
3760 [
3761 (a) made at the time the claim of the injured person is made and joinder of actions shall
3762 be compulsory; and
3763 (b) subject to the same defenses, limitations, immunities, and provisions applicable to
3764 the claims of the injured [
3765 [
3766 (a) shall be derivative from the cause of action existing [
3767 [
3768 (b) may not exist in cases where the injured [
3769 of action.
3770 [
3771 injured [
3772 Sections 78B-5-817 through 78B-5-823, for purposes of reducing or barring any recovery by
3773 the spouse for loss of consortium.
3774 [
3775 the injured [
3776 limit on noneconomic damages, including Section 78B-3-410.
3777 [
3778 required to pay, when combined with any award to the injured [
3779 governmental entity is required to pay, may not exceed the liability limit for one [
3780 individual in any one occurrence under Title 63G, Chapter 7, Governmental Immunity Act of
3781 Utah.
3782 Section 104. Section 81-3-201, which is renumbered from Section 30-8-2 is
3783 renumbered and amended to read:
3784
3785 [
3786 As used in this [
3787 (1) "Premarital agreement" means an agreement between prospective spouses made in
3788 contemplation of marriage and to be effective upon marriage.
3789 (2) "Property" means an interest, present or future, legal or equitable, vested or
3790 contingent, in real or personal property, including income and earnings.
3791 Section 105. Section 81-3-202, which is renumbered from Section 30-8-3 is
3792 renumbered and amended to read:
3793 [
3794 (1) A premarital agreement shall be in writing and signed by both parties.
3795 (2) [
3796 Section 106. Section 81-3-203, which is renumbered from Section 30-8-4 is
3797 renumbered and amended to read:
3798 [
3799 (1) Parties to a premarital agreement may contract with respect to:
3800 (a) the rights and obligations of each of the parties in any of the property of either or
3801 both of them whenever and wherever acquired or located;
3802 (b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend,
3803 assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and
3804 control property;
3805 (c) the disposition of property upon separation, marital dissolution, death, or the
3806 occurrence or nonoccurrence of any other event;
3807 (d) the modification or elimination of spousal support;
3808 (e) the ownership rights in and disposition of the death benefit from a life insurance
3809 policy;
3810 (f) the choice of law governing the construction of the agreement, except that a court
3811 [
3812 party, if it is fair and equitable; and
3813 (g) any other matter, including their personal rights and obligations, not in violation of
3814 public policy or a statute imposing a criminal penalty.
3815 (2) The right of a child, as defined in Section 81-6-101, to support, health and medical
3816 provider expenses, medical insurance, and child care coverage may not be affected by a
3817 premarital agreement.
3818 Section 107. Section 81-3-204, which is renumbered from Section 30-8-5 is
3819 renumbered and amended to read:
3820 [
3821 (1) A premarital agreement becomes effective upon marriage.
3822 (2) (a) After marriage, a premarital agreement may be amended or revoked only by a
3823 written agreement signed by the parties.
3824 (b) The amended agreement or the revocation is enforceable without consideration.
3825 Section 108. Section 81-3-205, which is renumbered from Section 30-8-6 is
3826 renumbered and amended to read:
3827 [
3828 (1) A premarital agreement is not enforceable if the party against whom enforcement is
3829 sought proves that:
3830 (a) that party did not execute the agreement voluntarily; or
3831 (b) the agreement was fraudulent when [
3832 execution of the agreement, that party:
3833 (i) was not provided a reasonable disclosure of the property or financial obligations of
3834 the other party insofar as was possible;
3835 (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the
3836 property or financial obligations of the other party beyond the disclosure provided; and
3837 (iii) did not have, or reasonably could not have had, an adequate knowledge of the
3838 property or financial obligations of the other party.
3839 (2) If a provision of a premarital agreement modifies or eliminates spousal support and
3840 that modification or elimination causes one party to the agreement to be eligible for support
3841 under a program of public assistance at the time of separation or marital dissolution, a court,
3842 notwithstanding the terms of the agreement, may require the other party to provide support to
3843 the extent necessary to avoid that eligibility.
3844 (3) An issue of fraud of a premarital agreement shall be decided by the court as a
3845 matter of law.
3846 Section 109. Section 81-3-206, which is renumbered from Section 30-8-7 is
3847 renumbered and amended to read:
3848 [
3849 If a marriage is determined to be void, an agreement that would otherwise have been a
3850 premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
3851 Section 110. Section 81-3-207, which is renumbered from Section 30-8-8 is
3852 renumbered and amended to read:
3853 [
3854 Any statute of limitations applicable to an action asserting a claim for relief under a
3855 premarital agreement is tolled during the marriage of the parties to the agreement.
3856 Section 111. Section 81-3-208, which is renumbered from Section 30-8-9 is
3857 renumbered and amended to read:
3858 [
3859 This [
3860 purpose to make uniform the law with respect to the subject of this [
3861 enacting [
3862 Section 112. Section 81-4-101 is enacted to read:
3863
3864
3865 81-4-101. Definitions for chapter.
3866 As used in this chapter:
3867 (1) "Alimony" means financial support made to a spouse or former spouse for the
3868 support and maintenance of that spouse.
3869 (2) "Child support" means the same as that term is defined in Section 81-6-101.
3870 Section 113. Section 81-4-102, which is renumbered from Section 30-1-17.4 is
3871 renumbered and amended to read:
3872 [
3873 Nothing [
3874 requesting an annulment or a divorce as alternative relief.
3875 Section 114. Section 81-4-103, which is renumbered from Section 30-4a-1 is
3876 renumbered and amended to read:
3877 [
3878 [
3879 giving of such notice as may be ordered, the court may enter an order nunc pro tunc in a matter
3880 relating to marriage, divorce, legal separation, or annulment of marriage.
3881 Section 115. Section 81-4-104, which is renumbered from Section 30-3-4.5 is
3882 renumbered and amended to read:
3883 [
3884 (1) [
3885 without filing a petition for divorce, by filing a petition for temporary separation and motion
3886 for temporary orders if:
3887 (a) the [
3888 whom the separation is sought; and
3889 (b) both parties are residents of the state for at least 90 days [
3890 before the day on which the action is filed.
3891 (2) The temporary orders are valid for one year [
3892 day on which the hearing for the order is held or until one of the following occurs:
3893 (a) a petition for divorce is filed and consolidated with the petition for temporary
3894 separation; or
3895 (b) the case is dismissed.
3896 (3) If a petition for divorce is filed and consolidated with the petition for temporary
3897 separation, orders entered in the temporary separation shall continue in the consolidated case.
3898 (4) (a) [
3899 orientation course described in Section [
3900 (i) 60 days of the filing of the petition, for the petitioner[
3901 (ii) 45 days of being served, for the respondent.
3902 (b) The clerk of the court shall provide notice to the petitioner of the requirement for
3903 the divorce orientation course.
3904 (c) The petition shall include information regarding the divorce orientation course
3905 when the petition is served on the respondent.
3906 (d) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil
3907 Procedure, a party may file, but the court may not hear, a motion for an order related to the
3908 petition for temporary separation, until the moving party completes the divorce orientation
3909 course.
3910 (e) The court may waive the requirement for the parties to attend the mandatory
3911 courses under this Subsection (4), on the court's own motion or on the motion of one of the
3912 parties, if the court determines course attendance and completion are not necessary,
3913 appropriate, feasible, or in the best interest of the parties.
3914 (5) The petitioner shall serve the petition for a temporary separation order in
3915 accordance with the Utah Rules of Civil Procedure.
3916 (6) If a party files for divorce within one year after the day on which the petition for
3917 temporary separation is filed, the filing fee for a petition for temporary separation shall be
3918 credited towards the filing fee for a divorce.
3919 [
3920
3921 [
3922
3923
3924
3925 Section 116. Section 81-4-105, which is renumbered from Section 30-3-11.4 is
3926 renumbered and amended to read:
3927 [
3928 (1) (a) There is established a mandatory divorce orientation course for all parties with
3929 [
3930
3931 (b) The purpose of the course is to educate parties about the divorce process and
3932 reasonable alternatives.
3933 [
3934
3935 [
3936
3937
3938
3939 [
3940
3941
3942 [
3943
3944 [
3945
3946
3947 [
3948 duration, and include:
3949 (a) options available as alternatives to divorce;
3950 (b) resources available from courts and administrative agencies for resolving custody
3951 and support issues without filing for divorce;
3952 (c) resources available to improve or strengthen the marriage;
3953 (d) a discussion of the positive and negative consequences of divorce;
3954 (e) a discussion of the process of divorce;
3955 (f) options available for proceeding with a divorce, including:
3956 (i) mediation;
3957 (ii) collaborative law; and
3958 (iii) litigation; and
3959 (g) a discussion of post-divorce resources.
3960 [
3961 divorcing parents required by Section [
3962 [
3963 pursuant to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
3964 (b) The contracts shall provide for the recoupment of administrative expenses through
3965 the costs charged to individual parties as described in Subsection (6).
3966 [
3967 online provider.
3968 [
3969 to the independent contractor providing the course at the time and place of the course.
3970 (b) A petitioner who attends a live instruction course within 30 days of filing may not
3971 be charged more than $15 for the course.
3972 (c) A respondent who attends a live instruction course within 30 days of being served
3973 with a petition for divorce or temporary separation order may not be charged more than $15 for
3974 the course.
3975 (d) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
3976 deposited in the Children's Legal Defense Account described in Section 51-9-408.
3977 (e) Each party who is unable to pay the costs of the course may attend the course
3978 without payment upon a prima facie showing of indigency as evidenced by an affidavit of
3979 indigency filed in the district court in accordance with Section 78A-2-302. [
3980
3981
3982 (f) A petitioner who is later determined not to meet the qualifications for indigency
3983 may be ordered to pay the costs of the course.
3984 [
3985
3986 (7) (a) The Administrative Office of the Courts shall reimburse an independent
3987 contractor that administers the mandatory orientation courts for the independent contractor's
3988 costs.
3989 (b) The Administrative Office of the Courts shall use appropriations from the
3990 Children's Legal Defense Account to pay the costs of an indigent [
3991
3992 in Subsection (6) to attend the mandatory orientation course under this section.
3993 [
3994 forms for divorce that inform the petitioner of the requirement of this section.
3995 [
3996 completion by the parties.
3997 [
3998 orientation requirement was not complied with[
3999 has complied.
4000 [
4001 (a) adopt a program to evaluate the effectiveness of the mandatory educational course
4002 [
4003 (b) provide progress reports to the Judiciary Interim Committee if requested.
4004 Section 117. Section 81-4-106, which is renumbered from Section 30-3-11.3 is
4005 renumbered and amended to read:
4006 [
4007 (1) (a) The Judicial Council shall approve and implement a mandatory educational
4008 course for divorcing parents in all judicial districts.
4009 (b) The mandatory educational course is designed to educate and sensitize divorcing
4010 parties to their [
4011 (2) The Judicial Council shall adopt rules to implement and administer this program.
4012 [
4013
4014
4015
4016 [
4017
4018
4019
4020 [
4021
4022 [
4023 (a) about divorce and its impacts on:
4024 (i) their [
4025 (ii) their family relationship; and
4026 (iii) their financial responsibilities for [
4027 (b) that domestic violence has a harmful effect on [
4028 relationships.
4029 [
4030 an online provider.
4031 (b) The online and video options must be formatted as interactive presentations that
4032 ensure active participation and learning by the parent.
4033 [
4034 [
4035 private or public contracts and organize the program in each of Utah's judicial districts.
4036 (b) The contracts shall provide for the recoupment of administrative expenses through
4037 the costs charged to individual parties[
4038 (7).
4039 [
4040 completion by the parties.
4041 [
4042 providing the course at the time and place of the course.
4043 (b) A fee of $8 shall be collected, as part of the course fee paid by each participant, and
4044 deposited in the Children's Legal Defense Account[
4045 [
4046 without payment upon a prima facie showing of indigency as evidenced by an affidavit of
4047 indigency filed in the district court in accordance with Section 78A-2-302. [
4048
4049
4050
4051 (d) Before a decree of divorce may be entered, the court shall make a final review and
4052 determination of indigency and may order the payment of the costs if so determined.
4053 [
4054
4055 (8) (a) The Administrative Office of the Courts shall reimburse an independent
4056 contractor that administers the mandatory educational course for the independent contractor's
4057 costs.
4058 (b) The Administrative Office of the Courts shall use appropriations from the
4059 Children's Legal Defense Account to pay the costs of an indigent parent who makes a showing
4060 as [
4061 educational course under this section.
4062 [
4063 (a) adopt a program to evaluate the effectiveness of the mandatory educational course[
4064
4065 (b) provide progress reports to the Judiciary Interim Committee if requested.
4066 Section 118. Section 81-4-201 is enacted to read:
4067
4068 81-4-201. Definitions for part.
4069 As used in this part:
4070 (1) "Petitioner" means an individual who brings a petition for separate maintenance.
4071 (2) "Respondent" means the individual against whom a petition for separate
4072 maintenance is brought.
4073 Section 119. Section 81-4-202, which is renumbered from Section 30-4-1 is
4074 renumbered and amended to read:
4075 [
4076 [
4077 (1) A married individual may bring a petition seeking separate maintenance from the
4078 married individual's spouse if:
4079 (a) the married individual's spouse is a resident of this state; and
4080 (b) the married individual's spouse:
4081 [
4082 [
4083 provide for and suitably maintain [
4084 [
4085
4086 deserts, neglects or refuses to provide support to the married individual; or
4087 [
4088
4089
4090
4091 without any fault to the married individual.
4092 (2) If a petition is filed under Subsection (1), the court shall allot, assign, set apart, and
4093 decree as alimony the use of the real and personal estate or earnings of the respondent as the
4094 court may determine is appropriate.
4095 (3) During the pendency of the action, the court may require the [
4096 respondent to pay a sum as provided in Section [
4097 Section 120. Section 81-4-203, which is renumbered from Section 30-4-2 is
4098 renumbered and amended to read:
4099 [
4100 [
4101
4102
4103 (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall
4104 bring an action under this part in any county in which the petitioner or respondent is found.
4105 (2) An action under this part shall proceed in accordance with the Utah Rules of Civil
4106 Procedure.
4107 Section 121. Section 81-4-204, which is renumbered from Section 30-4-3 is
4108 renumbered and amended to read:
4109 [
4110 debt division -- Support payments.
4111 (1) [
4112 by order or decree:
4113 (a) provide for the care, custody, and maintenance of [
4114 of the parties [
4115
4116 (b) (i) provide for support of [
4117 minor child remaining with that spouse;
4118 (ii) provide how and when support payments [
4119 (iii) provide that [
4120 secure payment of the support or maintenance obligation;
4121 (c) award to [
4122 other spouse or acquired by the spouses during the marriage; [
4123 (d) specify which party is responsible for the payment of joint debts, obligations, or
4124 liabilities of the parties contracted or incurred during marriage in accordance with Section
4125 15-4-6.5;
4126 (e) require the parties to notify respective creditors or obligees regarding the court's
4127 division of debts, obligations, or liabilities and regarding the parties' separate and current
4128 addresses in accordance with Section 15-4-6.5; or
4129 (f) provide for the enforcement of the orders described in Subsections (1)(d) and (e).
4130 [
4131 [
4132
4133 [
4134
4135
4136 [
4137 (2) [
4138 [
4139 (a) by sale of any property of the spouse [
4140 (b) by contempt proceedings [
4141 (c) as is otherwise necessary.
4142 (3) The court may:
4143 (a) change the support or maintenance of a party from time to time according to
4144 circumstances[
4145 (b) terminate altogether any obligation upon satisfactory proof of voluntary and
4146 permanent reconciliation.
4147 (4) An order or decree of support or maintenance [
4148 this part is valid only during the joint lives of [
4149 Section 122. Section 81-4-205, which is renumbered from Section 30-4-4 is
4150 renumbered and amended to read:
4151 [
4152 [
4153 (1) At the time of the filing of a petition described in Section 81-4-202, or at any time
4154 subsequent [
4155 court, and file with the county recorder of any county in the state in which the [
4156 party may own real estate, an order enjoining and restraining the [
4157 disposing of or encumbering the [
4158 the real estate.
4159 (2) The party shall describe the real estate with reasonable certainty[
4160
4161
4162 described in Subsection (1).
4163 (3) From the time in which a party receives a court order described in Subsection (1),
4164 the party has a lien in favor of the party to the extent of any judgment that is rendered in an
4165 action under this part.
4166 Section 123. Section 81-4-206, which is renumbered from Section 30-4-5 is
4167 renumbered and amended to read:
4168 [
4169 [
4170
4171
4172 an action for separate maintenance is imprisoned in the state prison for a sentence of one year
4173 or more and a suitable provision of support has not been made for the other party, the rights
4174 and remedies of this part shall be extended to the party that is not imprisoned.
4175 Section 124. Section 81-4-301 is enacted to read:
4176
4177 81-4-301. Definitions for part.
4178 As used in this part:
4179 (1) "Petitioner" means an individual who brings a petition for an annulment.
4180 (2) "Respondent" means the individual against whom a petition for an annulment is
4181 brought.
4182 Section 125. Section 81-4-302, which is renumbered from Section 30-1-17.1 is
4183 renumbered and amended to read:
4184 [
4185 [
4186 causes existing at the time of the marriage:
4187 [
4188 (1) when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity
4189 of Marriage; or
4190 (2) [
4191 Section 126. Section 81-4-303, which is renumbered from Section 30-1-17 is
4192 renumbered and amended to read:
4193 [
4194 of marriage.
4195 (1) (a) When there is doubt as to the validity of a marriage, [
4196
4197 petition for annulment to demand avoidance or affirmance of the marriage[
4198 (b) If one of the parties was under 18 years old at the time of the marriage, the other
4199 party, being of proper age at the time of the marriage, [
4200
4201 (2) A petitioner may bring a petition for annulment in any county where the petitioner
4202 or respondent is domiciled.
4203 (3) (a) If a petition for annulment is filed upon the ground that one or both of the
4204 parties were prohibited from marriage because of the age of the parties, the court may refuse to
4205 grant the annulment if the court finds that it is in the best interest of the parties, or a child of the
4206 parties, to refuse the annulment.
4207 (b) The refusal to annul under Subsection (3)(a) makes the marriage valid and
4208 subsisting for all purposes.
4209 (4) If the parties have accumulated any property or acquired any obligations subsequent
4210 to the marriage, if there is a genuine need arising from an economic change of circumstances
4211 due to the marriage, or if there is a minor child born or expected, the court may make
4212 temporary and final orders, and subsequently modify the orders, as may be equitable, in regards
4213 to:
4214 (a) the property and obligations of the parties;
4215 (b) the support and maintenance of the parties and a minor child of the parties; and
4216 (c) the custody and parent-time for a minor child of the parties.
4217 (5) [
4218
4219 (a) shall declare the marriage valid or annulled; and
4220 (b) is conclusive upon all persons concerned with the marriage.
4221 Section 127. Section 81-4-401 is enacted to read:
4222
4223 81-4-401. Definitions for part.
4224 As used in this part:
4225 (1) "Cohabitation" means the same as the term, "cohabit," is defined in Section
4226 81-4-501.
4227 (2) "Mandatory courses" means:
4228 (a) the mandatory divorce orientation course described in Section 81-4-105; and
4229 (b) the mandatory educational course for divorcing parents described in Section
4230 81-4-106.
4231 (3) "Petitioner" means the individual who brings a petition for divorce.
4232 (4) "Respondent" means the individual against whom a petition for divorce is brought.
4233 Section 128. Section 81-4-402 is enacted to read:
4234 81-4-402. Petition for divorce -- Divorce proceedings -- Temporary orders.
4235 (1) An individual may bring a petition for divorce if:
4236 (a) the individual or the individual's spouse is an actual and bona fide resident of the
4237 county where the petition is filed for at least 90 days before the day on which the petition is
4238 filed; or
4239 (b) the individual is a member of the armed forces of the United States and the
4240 individual is stationed under military orders in this state for at least 90 days before the day on
4241 which the petition is filed.
4242 (2) A divorce action shall be commenced and conducted in accordance with this
4243 chapter and the Utah Rules of Civil Procedure.
4244 (3) (a) The court may not enter a decree of divorce until 30 days after the day on which
4245 the petition is filed, unless the court finds that extraordinary circumstances exist.
4246 (b) The court may make interim orders as the court considers just and equitable before
4247 the expiration of the 30-day period described in Subsection (3)(a).
4248 (4) (a) Except as provided in Subsection (5), if the parties to the divorce action have a
4249 minor child, the parties shall attend the mandatory courses described in Sections 81-4-105 and
4250 81-4-106 within:
4251 (i) for the petitioner, 60 days after the day on which the petition is filed; and
4252 (ii) for the respondent, 30 days after the day on which the respondent is served.
4253 (b) If the parties to a divorce action do not have a minor child, the parties may choose
4254 to attend the mandatory divorce orientation course described in Section 81-4-105.
4255 (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
4256 mandatory courses.
4257 (d) A petition shall include information regarding the mandatory courses when the
4258 petition is served on the respondent.
4259 (e) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil
4260 Procedure, a party may file, but the court may not hear, a motion for an order related to the
4261 divorce until the moving party completes the mandatory courses.
4262 (5) (a) The court may waive the requirement for the parties to attend the mandatory
4263 courses under Subsection (4), on the court's own motion or on the motion of one of the parties,
4264 if the court determines course attendance and completion are not necessary, appropriate,
4265 feasible, or in the best interest of the parties.
4266 (b) If the requirement is waived, the court may permit the divorce action to proceed.
4267 (6) The use of counseling, mediation, and education services provided under this part
4268 may not be construed as condoning or promoting divorce.
4269 Section 129. Section 81-4-403, which is renumbered from Section 30-3-39 is
4270 renumbered and amended to read:
4271 [
4272 (1) There is established a mandatory domestic mediation program to help reduce the
4273 time and tensions associated with obtaining a divorce.
4274 (2) (a) If[
4275 remaining contested issues after the filing of a response to a petition for divorce, the parties
4276 shall participate in good faith in at least one session of mediation.
4277 (b) [
4278 preclude the entry of pretrial orders before mediation takes place.
4279 (3) The parties shall use a mediator qualified to mediate domestic disputes under
4280 criteria established by the Judicial Council in accordance with Section 78B-6-205.
4281 (4) Unless otherwise ordered by the court or the parties agree upon a different payment
4282 arrangement, the cost of mediation shall be divided equally between the parties.
4283 (5) The director of dispute resolution programs for the courts, the court, or the
4284 mediator may excuse either party from the requirement to mediate for good cause.
4285 (6) [
4286 with the Utah Rules of Court-Annexed Alternative Dispute Resolution.
4287 Section 130. Section 81-4-404, which is renumbered from Section 30-3-5.2 is
4288 renumbered and amended to read:
4289 [
4290 divorce proceeding -- Investigation.
4291 (1) When[
4292
4293 divorce proceeding, or a request for modification of a divorce decree, that implicates a party,
4294 the court, after making an inquiry, may order that an investigation be conducted by the Division
4295 of Child and Family Services [
4296 Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective
4297 Custody of a Child.
4298 (2) A final award of custody or parent-time may not be rendered until a report on that
4299 investigation, consistent with Section 80-2-1005, is received by the court.
4300 (3) [
4301 Services shall conduct an investigation described in Subsection (1) within 30 days of the court's
4302 notice and request for an investigation.
4303 (4) In reviewing [
4304 comply with Sections 78A-2-703, 78A-2-705, and 78B-15-612.
4305 Section 131. Section 81-4-405, which is renumbered from Section 30-3-1 is
4306 renumbered and amended to read:
4307 [
4308 [
4309
4310 [
4311
4312
4313
4314
4315
4316 [
4317 between the petitioner and the respondent on the grounds of:
4318 (a) impotency of the respondent at the time of marriage;
4319 (b) adultery committed by the respondent subsequent to marriage;
4320 (c) willful desertion of the petitioner by the respondent for more than one year;
4321 (d) willful neglect of the respondent to provide for the petitioner the common
4322 necessaries of life;
4323 (e) habitual drunkenness of the respondent;
4324 (f) conviction of the respondent for a felony;
4325 (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily
4326 injury or great mental distress to the petitioner;
4327 (h) irreconcilable differences of the marriage;
4328 (i) incurable insanity; or
4329 (j) when the [
4330 a decree of separate maintenance of any state for three consecutive years without cohabitation.
4331 [
4332 liability of either party under any provision for separate maintenance previously granted.
4333 [
4334 of a marriage contract between the petitioner and the respondent on the grounds of insanity
4335 unless:
4336 (i) the respondent has been adjudged insane by the appropriate authorities of this or
4337 another state prior to the commencement of the action; and
4338 (ii) the court finds by the testimony of competent witnesses that the insanity of the
4339 respondent is incurable.
4340 (b) The court shall appoint for the respondent a guardian ad litem who shall protect the
4341 interests of the respondent.
4342 (c) A copy of the summons and [
4343 (i) the respondent in person or by publication, as provided by the laws of this state in
4344 other actions for divorce, or upon [
4345 (ii) the county attorney for the county where the action is prosecuted.
4346 [
4347 (i) investigate the merits of the case [
4348 (ii) if the respondent resides out of this state, take depositions as necessary[
4349 (iii) attend the proceedings[
4350 (iv) make a defense as is just to protect the rights of the respondent and the interests of
4351 the state.
4352 [
4353
4354
4355 (e) The petitioner or respondent may[
4356 (i) if the respondent resides in this state, upon notice, have the respondent brought into
4357 the court at trial[
4358 (ii) have an examination of the respondent by two or more competent physicians[
4359 determine the mental condition of the respondent.
4360 (f) For [
4361 have leave from the court to enter any asylum or institution where the respondent may be
4362 confined.
4363 (g) The court shall apportion the costs of court in this action [
4364
4365 Section 132. Section 81-4-406 is enacted to read:
4366 81-4-406. Decree of divorce -- When decree becomes absolute -- Remarriage --
4367 Jurisdiction to modify a decree for a child born after the decree.
4368 (1) (a) The court shall enter a decree of divorce upon the evidence or the petitioner's
4369 affidavit in the case of default as described in Subsection (1)(b).
4370 (b) A court may not grant a divorce upon default, unless there is evidence to support a
4371 decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules
4372 of Civil Procedure.
4373 (2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a
4374 court may not grant a decree of divorce for parties with a minor child until:
4375 (a) both parties have attended the mandatory courses described in Sections 81-4-105
4376 and 81-4-106; and
4377 (b) both parties have presented a certificate of course completion for each course to the
4378 court.
4379 (3) In a decree of divorce, the court shall:
4380 (a) specify which party is responsible for the payment of joint debts, obligations, or
4381 liabilities of the parties contracted or incurred during marriage in accordance with Section
4382 15-4-6.5;
4383 (b) require the parties to notify respective creditors or obligees, regarding the court's
4384 division of debts, obligations, or liabilities and regarding the parties' separate and current
4385 addresses in accordance with Section 15-4-6.5;
4386 (c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);
4387 (d) if a party owns a life insurance policy or an annuity contract, include an
4388 acknowledgment by the court that the party:
4389 (i) has reviewed and updated, where appropriate, the list of beneficiaries;
4390 (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
4391 after the divorce becomes final; and
4392 (iii) understands that, if no changes are made to the policy or contract, the beneficiaries
4393 currently listed will receive any funds paid by the insurance company under the terms of the
4394 policy or contract; and
4395 (e) if the parties have a child as defined in Section 81-6-101, include an order for child
4396 support and medical expenses as described in Chapter 6, Child Support.
4397 (4) The court may include in the divorce decree any equitable orders relating to:
4398 (a) the parties, including any alimony to be awarded to a party in accordance with Part
4399 5, Spousal Support;
4400 (b) a child of the parties; and
4401 (c) any property, debts, or obligations.
4402 (5) A decree of divorce becomes absolute:
4403 (a) on the date it is signed by the court and entered by the clerk in the register of
4404 actions;
4405 (b) at the expiration of a period of time the court may specifically designate, unless an
4406 appeal or other proceedings for review are pending;
4407 (c) if an appeal is taken, when the decree is affirmed; or
4408 (d) when the court, before the decree becomes absolute, for sufficient cause otherwise
4409 orders.
4410 (6) The court, upon application or on the court's own motion for good cause shown,
4411 may waive, alter, or extend a designated period of time before the decree becomes absolute, but
4412 not to exceed six months from the signing and entry of the decree.
4413 (7) A party to a divorce proceeding may not marry another individual other than the
4414 other party for whom the divorce was granted until the party's divorce becomes absolute.
4415 (8) The court has jurisdiction to modify a decree of divorce to address child support,
4416 parent-time, and other matters related to a minor child born to the parties after the decree of
4417 divorce is entered.
4418 Section 133. Section 81-4-501 is enacted to read:
4419
4420 81-4-501. Definitions for part.
4421 As used in this part:
4422 (1) "Child support guidelines" means the same as that term is defined in Section
4423 81-6-101.
4424 (2) "Cohabit" means to live together, or to reside together on a regular basis, in the
4425 same residence and in a relationship of a romantic or sexual nature.
4426 (3) "Fault" means any of the following wrongful conduct during the marriage that
4427 substantially contributed to the breakup of the marriage:
4428 (a) engaging in sexual relations with an individual other than the party's spouse;
4429 (b) knowingly and intentionally causing or attempting to cause physical harm to the
4430 other party or a minor child;
4431 (c) knowingly and intentionally causing the other party or a minor child to reasonably
4432 fear life-threatening harm; or
4433 (d) substantially undermining the financial stability of the other party or the minor
4434 child.
4435 (4) "Length of the marriage" means, for purposes of alimony, the number of years from
4436 the day on which the parties are legally married to the day on which the petition for divorce is
4437 filed with the court.
4438 (5) "Payee" means the party who is or would receive alimony from the other party.
4439 (6) "Payor" means the party who is paying, or would pay, alimony to the other party.
4440 (7) "Temporary alimony" means money that the court orders a party to pay during the
4441 pendency of an action under this chapter for the support and maintenance of a party as
4442 described in Subsection 81-1-203(4).
4443 Section 134. Section 81-4-502 is enacted to read:
4444 81-4-502. Determination of alimony.
4445 (1) For a proceeding under Chapter 4, Dissolution of Marriage, or in a proceeding to
4446 modify alimony, the court shall consider at least the following factors in determining alimony:
4447 (a) the financial condition and needs of the payee;
4448 (b) the payee's earning capacity or ability to produce income, including the impact of
4449 diminished workplace experience resulting from primarily caring for a minor child of the
4450 payor;
4451 (c) the ability of the payor to provide support;
4452 (d) the length of the marriage;
4453 (e) whether the payee has custody of a minor child requiring support;
4454 (f) whether the payee worked in a business owned or operated by the payor; and
4455 (g) whether the payee directly contributed to any increase in the payor's skill by paying
4456 for education received by the payor or enabling the payor to attend school during the marriage.
4457 (2) (a) The court may consider the fault of the parties in determining whether to award
4458 alimony and the terms of the alimony.
4459 (b) The court may, when fault is at issue, close the proceedings and seal the court
4460 records.
4461 (3) (a) Except as otherwise provided by this section, the court shall consider the
4462 standard of living, existing at the time of separation, in determining alimony in accordance
4463 with this section.
4464 (b) In considering all relevant facts and equitable principles, the court may, in the
4465 court's discretion, base alimony on the standard of living that existed at the time of trial.
4466 (4) The court may, under appropriate circumstances, attempt to equalize the parties'
4467 respective standards of living.
4468 (5) (a) If the marriage is short in duration and a minor child has not been conceived or
4469 born during the marriage, the court may consider the standard of living that existed at the time
4470 of the marriage.
4471 (b) In determining alimony when a marriage of short duration dissolves and a minor
4472 child has not been conceived or born during the marriage, the court may consider restoring
4473 each party to the condition which existed at the time of the marriage.
4474 (6) (a) When a marriage of long duration dissolves on the threshold of a major change
4475 in the income of one of the parties due to the collective efforts of both parties, the court shall
4476 consider the change when dividing the marital property and in determining the amount of
4477 alimony.
4478 (b) If a party's earning capacity has been greatly enhanced through the efforts of both
4479 parties during the marriage, the court may make a compensating adjustment in dividing the
4480 marital property and awarding alimony.
4481 (7) (a) Except as provided in Subsection (7)(c), the court may not order alimony for a
4482 period of time longer than the length of the marriage.
4483 (b) If a party is ordered to pay temporary alimony during the pendency of a divorce
4484 action, the court shall count the period of time that the party pays temporary alimony towards
4485 the period of time for which the party is ordered to pay alimony.
4486 (c) At any time before the termination of alimony, the court may find extenuating
4487 circumstances or good cause that justify the payment of alimony for a longer period of time
4488 than the length of the marriage.
4489 Section 135. Section 81-4-503 is enacted to read:
4490 81-4-503. Modification of alimony after divorce decree.
4491 (1) The court has continuing jurisdiction to make substantive changes and new orders
4492 regarding alimony based on a substantial material change in circumstances not expressly stated
4493 in the divorce decree or in the findings that the court entered at the time of the divorce decree.
4494 (2) A party's retirement is a substantial material change in circumstances that is subject
4495 to a petition to modify alimony, unless the divorce decree, or the findings that the court entered
4496 at the time of the divorce decree, expressly states otherwise.
4497 (3) The court may not modify alimony or issue a new order for alimony to address
4498 needs of the recipient that did not exist at the time the decree was entered, unless the court
4499 finds extenuating circumstances that justify that action.
4500 (4) In modifying the amount of alimony, the court may not consider the income of any
4501 subsequent spouse of the payor, except that the court may consider:
4502 (a) the subsequent spouse's financial ability to share living expenses; or
4503 (b) the income of a subsequent spouse if the court finds that the payor's improper
4504 conduct justifies that consideration.
4505 Section 136. Section 81-4-504 is enacted to read:
4506 81-4-504. Termination of alimony.
4507 (1) (a) Except as provided in Subsection (1)(b), or unless a decree of divorce
4508 specifically provides otherwise, any order of the court that a payor pay alimony to a payee
4509 automatically terminates upon the remarriage or death of that payee.
4510 (b) If the remarriage of the payee is annulled and found to be void ab initio, the
4511 payment of alimony shall resume if the payor is made a party to the action of annulment and
4512 the payor's rights are determined.
4513 (2) If a payor establishes that a payee cohabits with another individual during the
4514 pendency of the divorce action, the court:
4515 (a) may not order the payor to pay temporary alimony to the payee; and
4516 (b) shall terminate any order that the payor pay temporary alimony to the payee.
4517 (3) (a) Subject to Subsection (3)(b), the court shall terminate an order that a payor pay
4518 alimony to a payee if the payor establishes that, after the order for alimony is issued, the payee
4519 cohabits with another individual even if the payee is not cohabiting with the individual when
4520 the payor files the motion to terminate alimony.
4521 (b) A payor may not seek termination of alimony under Subsection (3)(a) later than one
4522 year after the day on which the payor knew or should have known that the payee has cohabited
4523 with another individual.
4524 Section 137. Section 81-5-101 is enacted to read:
4525
4526 81-5-101. Reserved.
4527 Reserved.
4528 Section 138. Section 81-6-101, which is renumbered from Section 78B-12-102 is
4529 renumbered and amended to read:
4530
4531
4532 [
4533 As used in this chapter:
4534 [
4535
4536 [
4537 Department of Health and Human Services.
4538 [
4539
4540
4541 same as that term is defined in Section 26B-9-201.
4542 (3) "Alimony" means the same as that term is defined in Section 81-4-101.
4543 (4) "Base child support award" means the award that may be ordered and is calculated
4544 using the child support guidelines before additions for medical expenses and work-related child
4545 care costs.
4546 (5) "Base combined child support obligation" means the presumed amount of child
4547 support that the parents should provide for their child as described in Subsection 81-6-204(1).
4548 (6) "Base combined child support obligation table" means the appropriate table
4549 described in Sections 81-6-302 and 81-6-304.
4550 [
4551
4552
4553 [
4554
4555 (7) "Child" means:
4556 (a) a son or daughter [
4557 not otherwise emancipated, self-supporting, married, or a member of the armed forces of the
4558 United States;
4559 (b) a son or daughter [
4560 enrolled in high school during the normal and expected year of graduation and not otherwise
4561 emancipated, self-supporting, married, or a member of the armed forces of the United States; or
4562 (c) a son or daughter of any age who is incapacitated from earning a living and, if able
4563 to provide some financial resources to the family, is not able to support self by own means.
4564 (8) (a) "Child support" means a base child support award, or a monthly financial award
4565 for uninsured medical expenses, ordered by a tribunal for the support of a child[
4566 (b) "Child support" includes current periodic payments, arrearages that accrue under an
4567 order for current periodic payments, and sum certain judgments awarded for arrearages,
4568 medical expenses, and child care costs.
4569 (9) "Child support guidelines" means the calculation and application of child support
4570 as described in Part 2, Calculation and Adjustment of Child Support.
4571 [
4572 order [
4573
4574
4575 whether temporary, final, or subject to modification, that:
4576 (a) establishes or modifies child support;
4577 (b) reduces child support arrearages to judgment; or
4578 (c) establishes child support or registers a child support order under [
4579
4580 Support Act.
4581 (11) "Child support tables" means the tables described in Part 3, Child Support Tables.
4582 [
4583
4584 [
4585 [
4586
4587 (12) "Child support services" means the same as that term is defined in Section
4588 26B-9-101.
4589 (13) "Gross income" means the amount of income calculated for a parent as described
4590 in Section 81-6-203.
4591 [
4592 provided to a child through:
4593 (a) fee for service;
4594 (b) a health maintenance organization;
4595 (c) a preferred provider organization;
4596 (d) any other type of private health insurance; or
4597 (e) public health care coverage.
4598 [
4599 individual, regardless of source, whether denominated as wages, salary, commission, bonus,
4600 pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
4601 incentive pay.
4602 (b) "Income" includes:
4603 (i) all gain derived from capital assets, labor, or both, including profit gained through
4604 sale or conversion of capital assets;
4605 (ii) interest and dividends;
4606 (iii) periodic payments made under pension or retirement programs or insurance
4607 policies of any type;
4608 (iv) unemployment compensation benefits;
4609 (v) workers' compensation benefits; and
4610 (vi) disability benefits.
4611 [
4612
4613
4614 (17) "Low income table" means the appropriate table under Section 81-6-303 or
4615 81-6-305.
4616 [
4617 costs.
4618 (19) "Minor child" means a child who is younger than 18 years old.
4619 [
4620 comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of
4621 child support or public assistance.
4622 [
4623 [
4624 Health and Human Services.
4625 [
4626 [
4627 (a) the sum of a pregnant mother's:
4628 (i) health insurance premiums while pregnant that are not paid by an employer or
4629 government program; and
4630 (ii) medical costs related to the pregnancy, incurred after the date of conception and
4631 before the pregnancy ends; [
4632 (b) minus any portion of the amount described in Subsection [
4633 court determines is equitable based on the totality of the circumstances, not including any
4634 amount paid by the mother or father of the child.
4635 [
4636 of the children.
4637 [
4638 the District of Columbia, the Commonwealth of Puerto Rico, Native American [
4639 other comparable domestic or foreign jurisdiction.
4640 (26) "Support" means past-due, present, and future obligations to provide for the
4641 financial support, maintenance, or medical expenses of a child.
4642 (27) "Support order" means:
4643 (a) a child support order; or
4644 (b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
4645 modification, for alimony.
4646 [
4647 months in duration.
4648 [
4649
4650 [
4651 Services, Office of Recovery Services, or court or administrative agency of a state, territory,
4652 possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
4653 Native American Tribe, or other comparable domestic or foreign jurisdiction.
4654 [
4655 costs for up to a full-time work week or training schedule as necessitated by the employment or
4656 training of a parent [
4657 [
4658 calculating the base child support award.
4659 Section 139. Section 81-6-102 is enacted to read:
4660 81-6-102. Application of chapter.
4661 This chapter applies to any judicial or administrative order establishing or modifying an
4662 award of child support entered on or after July 1, 1989.
4663 Section 140. Section 81-6-103, which is renumbered from Section 78B-12-103 is
4664 renumbered and amended to read:
4665 [
4666 Appeals.
4667 [
4668 (1) A court has jurisdiction over a proceeding brought under this chapter in accordance
4669 with Title 78A, Judiciary and Judicial Administration.
4670 (2) An appeal may be taken from an order or judgment under this part as in other civil
4671 actions.
4672 Section 141. Section 81-6-104, which is renumbered from Section 78B-12-105 is
4673 renumbered and amended to read:
4674 [
4675 Support follows the child.
4676 (1) (a) Every child is presumed to be in need of the support of the [
4677
4678 (b) Every parent shall support their child.
4679 (c) Nothing in this chapter relieves a parent of the primary obligation of support for the
4680 parent's child.
4681 (2) Except as limited in a [
4682 court order under Section 81-6-208:
4683 (a) [
4684 medical and dental expenses[
4685 parents, regardless of the marital status of the parents[
4686 (b) [
4687 the expenses described in Subsection (2)(a) incurred on behalf of [
4688 child.
4689 (3) (a) A parent whose minor child has become a ward of this or any other state is not
4690 relieved of the primary obligation to support that child until the minor child is 18 years old or is
4691 legally married, regardless of any agreements or legal defenses that exist between the parents or
4692 other care providers.
4693 (b) Any state that provides support for a child shall have the right to reimbursement.
4694 (c) A third party has a right to recover support from a parent.
4695 (4) An obligation ordered for child support and medical expenses:
4696 (a) are for the use and benefit of the child; and
4697 (b) shall follow the child in a case in which a parent, or another person, is awarded sole
4698 physical custody of the child as described in Subsection 81-6-205(8).
4699 (5) The rights created in this chapter are in addition to and not in substitution to any
4700 other rights.
4701 Section 142. Section 81-6-105, which is renumbered from Section 78B-12-105.1 is
4702 renumbered and amended to read:
4703 [
4704 expenses.
4705 (1) Except as otherwise provided in this section, a biological father of a child has a
4706 duty to pay 50% of the mother's pregnancy expenses.
4707 (2) (a) If paternity is disputed, a biological father owes no duty under this section until
4708 the biological father's paternity is established.
4709 (b) Once paternity is established, the biological father is subject to Subsection (1).
4710 (3) (a) Any portion of a mother's pregnancy expenses paid by the mother or the
4711 biological father reduces that parent's 50% share under Subsection (1), not the total amount of
4712 pregnancy expenses.
4713 (b) Subsection (3)(a) applies regardless of when the mother or biological father pays
4714 the pregnancy expense.
4715 (4) If a mother receives an abortion, as defined in Section 76-7-301, without the
4716 biological father's consent, the biological father owes no duty under this section, unless:
4717 (a) the abortion is necessary to avert the death of the mother; or
4718 (b) the mother was pregnant as a result of:
4719 (i) rape, as described in Section 76-5-402;
4720 (ii) rape of a child, as described in Section 76-5-402.1; or
4721 (iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102.
4722 (5) Subsection (1) does not apply if a court apportions pregnancy expenses [
4723
4724 [
4725
4726 (6) (a) A person who seeks payment under this section for pregnancy expenses shall
4727 provide documentation of payments, medical expenses, and insurance premiums to the court.
4728 (b) The court shall order the payment of the expenses after a review of the
4729 documentation described in Subsection (6)(a).
4730 (7) Nothing in this section [
4731 bill a biological father for pregnancy expenses.
4732 Section 143. Section 81-6-106, which is renumbered from Section 78B-12-113 is
4733 renumbered and amended to read:
4734 [
4735 (1) (a) An obligor who is present in, or a resident of, this state has the duty to provide
4736 support to the child regardless of the presence or residence of the obligee.
4737 [
4738 obligor.
4739 (2) (a) The office may proceed pursuant to this [
4740 statute on behalf of:
4741 (i) the Department of Health and Human Services;
4742 (ii) any other department or agency of this state that provides public assistance, as
4743 defined by [
4744 assistance; or
4745 (iii) the obligee, to enforce the obligee's right of support against the obligor.
4746 (b) Whenever any court action is commenced by the office to enforce payment of the
4747 obligor's support obligation, the attorney general or the county attorney of the county of
4748 residence of the obligee shall represent the office.
4749 (c) The attorney general or the county attorney does not represent or have an
4750 attorney-client relationship with the obligee or the obligor in carrying out the duties under this
4751 chapter.
4752 [
4753 stipulation to the court, without complying with Subsection [
4754 effect of the action, pleading, or stipulation is to:
4755 (i) establish paternity;
4756 (ii) establish or modify a support obligation;
4757 (iii) change the court-ordered manner of payment of support;
4758 (iv) recover support due or owing; or
4759 (v) appeal issues regarding child support laws.
4760 (b) (i) When taking an action described in Subsection [
4761 an affidavit with the court at the time the action is commenced, the pleading is filed, or the
4762 stipulation is submitted stating whether child support services have been or are being provided
4763 under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child
4764 who is a subject of the action, pleading, or stipulation.
4765 (ii) If child support services have been or are being provided, under Part IV of the
4766 Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit
4767 and a copy of the pleading or stipulation to the child and family support division of the Office
4768 of the Attorney General[
4769 (iii) (A) If notice is not given in accordance with this Subsection [
4770 not bound by any decision, judgment, agreement, or compromise rendered in the action.
4771 (B) For purposes of appeals, service must be made on the Office of the Director for the
4772 Office of Recovery Services.
4773 (c) If [
4774 person shall join the office as a party to the action, or mail or deliver a written request to the
4775 child and family support division of the Office of the Attorney General, [
4776
4777 (d) A copy of [
4778 of service, shall be filed with the court.
4779 (e) The office shall be represented as provided in Subsection [
4780 [
4781
4782
4783 Section 144. Section 81-6-107, which is renumbered from Section 78B-12-201 is
4784 renumbered and amended to read:
4785 [
4786 Documentation.
4787 (1) In any matter in which child support is ordered, the moving party shall submit:
4788 (a) a completed [
4789 (b) the financial verification required by [
4790 81-6-203;
4791 (c) a written statement indicating whether or not the amount of child support requested
4792 is consistent with the child support guidelines; and
4793 (d) the information required under Subsection (3).
4794 (2) (a) If the documentation of income required under Subsection (1) is not available,
4795 the moving party may submit a verified representation of the other party's income [
4796
4797 (b) [
4798
4799 affidavit form.
4800 (c) The moving party may only offer the evidence described in Subsection (2)(a) after a
4801 copy is provided to the other party in accordance with Utah Rules of Civil Procedure or Title
4802 63G, Chapter 4, Administrative Procedures Act, in an administrative proceeding.
4803 (3) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
4804 modify, or enforce a child support order, each party shall:
4805 (i) file identifying information [
4806 (ii) update that information as changes occur with the court that conducted the
4807 proceeding.
4808 [
4809 number, driver's license number, residential and mailing addresses, telephone numbers, the
4810 name, address and telephone number of employers, and any other data required by the United
4811 States Secretary of Health and Human Services.
4812 [
4813 [
4814 [
4815
4816
4817 Section 145. Section 81-6-108, which is renumbered from Section 78B-12-109 is
4818 renumbered and amended to read:
4819 [
4820 (1) Waiver and estoppel shall apply only to the [
4821 no order already established by a tribunal if the [
4822 waives support specifically and in writing.
4823 (2) Waiver and estoppel may not be applied against any third party or public entity that
4824 may provide support for the child.
4825 (3) [
4826 action, may not rely on statements made by the [
4827 concerning child support unless the statements are reduced to writing and signed by both
4828 parties.
4829 Section 146. Section 81-6-109, which is renumbered from Section 78B-12-115 is
4830 renumbered and amended to read:
4831 [
4832 [
4833 (1) A law attaching a privilege against the disclosure of communications between
4834 [
4835 (2) Spouses are competent witnesses to testify to any relevant matter, including
4836 marriage and parentage.
4837 Section 147. Section 81-6-110, which is renumbered from Section 78B-12-114 is
4838 renumbered and amended to read:
4839 [
4840 (1) The county attorney's office shall provide assistance to an obligee desiring to
4841 proceed under this [
4842 (a) provide forms, approved by the Judicial Council [
4843 assignment if the obligee is not represented by legal counsel;
4844 (b) inform the obligee of the right to file [
4845 unable to bear the expenses of the action and assist the obligee with such filing;
4846 (c) advise the obligee of the available methods for service of process; and
4847 (d) assist the obligee in expeditiously scheduling a hearing before the court.
4848 (2) The county attorney's office may charge a fee not to exceed $25 for providing
4849 assistance to an obligee under Subsection (1).
4850 Section 148. Section 81-6-201 is enacted to read:
4851
4852 81-6-201. Definitions for part.
4853 Reserved.
4854 Section 149. Section 81-6-202, which is renumbered from Section 78B-12-210 is
4855 renumbered and amended to read:
4856 [
4857 Application of child support guidelines -- Requirements for child support order.
4858 [
4859
4860 (1) (a) If a prior child support order does not exist, a substantial change in
4861 circumstances has occurred, or a petition to modify a child support order as described in
4862 Section 81-6-212 is filed, the court determining the amount of prospective child support shall
4863 require each party to file a proposed award of child support using the child support guidelines
4864 before the court enters or modifies a child support order.
4865 (b) When no prior child support order exists, the court or administrative agency shall
4866 determine and assess all arrearages based upon the child support guidelines.
4867 (2) (a) The court or administrative agency shall apply the child support guidelines
4868 [
4869 temporary or permanent child support.
4870 (b) The rebuttable presumption means the provisions and considerations required by
4871 the child support guidelines, the award amounts resulting from the application of the child
4872 support guidelines, and the use of worksheets consistent with [
4873 guidelines are presumed to be correct, unless [
4874 support guidelines are rebutted in accordance with this section.
4875 (3) (a) A written finding or specific finding on the record supporting the conclusion
4876 that complying with a provision of the child support guidelines or ordering an award amount
4877 resulting from use of the child support guidelines would be unjust, inappropriate, or not in the
4878 best interest of a child in a particular case is sufficient to rebut the presumption in that case.
4879 (b) If an order rebuts the presumption through findings, [
4880 deviated order.
4881 (4) The following [
4882 guidelines, if:
4883 (a) the order includes a written finding that [
4884 support guidelines;
4885 (b) the [
4886 (i) the box checked for a deviation; and
4887 (ii) an explanation as to the reason; or
4888 (c) the deviation is made because there were more children than provided for in the
4889 [
4890 (5) If the amount in the order and the amount on the [
4891 $10 or more:
4892 (a) the order is considered deviated; and
4893 (b) the incomes listed on the worksheet may not be used in adjusting support for
4894 emancipation as described in Section 81-6-213.
4895 (6) If the court finds sufficient evidence to rebut the guidelines as described in
4896 Subsection (3), the court shall establish child support after considering all relevant factors,
4897 including:
4898 (a) the standard of living and situation of the parties;
4899 (b) the relative wealth and income of the parties;
4900 (c) the ability of the obligor to earn;
4901 (d) the ability of the obligee to earn;
4902 (e) the ability of an incapacitated adult child to earn, or other benefits received by the
4903 adult child or on the adult child's behalf including Supplemental Security Income;
4904 (f) the needs of the obligee, the obligor, and the child;
4905 (g) the ages of the parties; and
4906 (h) the responsibilities of the obligor and the obligee for the support of others.
4907 [
4908 who live in the home of that parent and are not children in common to both parties [
4909
4910 either party, may take into account the children under the child support guidelines in setting a
4911 base child support award[
4912 (b) Additional worksheets shall be prepared that [
4913 support award of the respective parents for the additional children.
4914 (c) [
4915 agency shall subtract the base child support award calculated under Subsection (7)(b) from the
4916 appropriate parent's income before determining the award in the [
4917 Subsection (7)(a).
4918 [
4919
4920
4921 children, who are born after the entry of the child support order and are not in common to both
4922 parties, to mitigate an increase in the award, but [
4923 administrative agency may not consider the children:
4924 (a) for the benefit of the obligee if the credit would increase the support obligation of
4925 the obligor from the most recent child support order; or
4926 (b) for the benefit of the obligor if the amount of support received by the obligee would
4927 be decreased from the most recent child support order.
4928 (9) A stipulated amount for child support or combined child support and alimony is
4929 adequate under the child support guidelines if the stipulated child support amount or combined
4930 amount equals or exceeds the base child support award required by the child support
4931 guidelines.
4932 (10) The court shall include the following provisions in a child support order:
4933 (a) a provision establishing the monthly amount of child support obligation for each
4934 parent in accordance with the child support guidelines;
4935 (b) a provision assigning responsibility for the payment of reasonable and necessary
4936 medical expenses for the child as described in Section 81-6-208;
4937 (c) a provision requiring the purchase and maintenance of appropriate health care
4938 insurance for the medical expenses of the child as described in Section 81-6-208 if health care
4939 insurance is or becomes available at a reasonable cost;
4940 (d) a provision regarding the child care expenses and costs as described in Section
4941 81-6-209;
4942 (e) a provision regarding each parent's right to claim a child as a tax exemption for
4943 federal and state income tax purposes in accordance with Section 81-6-210;
4944 (f) provisions for income withholding as a means of collecting child support, in
4945 accordance with Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title
4946 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases; and
4947 (g) a provision regarding a parent's opportunity to adjust a child support order as
4948 described in Section 81-6-212.
4949 (11) The office shall include the provisions described in Section 26B-9-224 in a child
4950 support order.
4951 [
4952
4953
4954 [
4955
4956 [
4957
4958 [
4959
4960 [
4961 [
4962 [
4963
4964 [
4965
4966 [
4967
4968
4969
4970 [
4971
4972 [
4973 [
4974 [
4975 [
4976 [
4977 [
4978
4979 [
4980
4981 [
4982 [
4983
4984
4985 [
4986
4987 [
4988 [
4989 [
4990
4991 Section 150. Section 81-6-203, which is renumbered from Section 78B-12-203 is
4992 renumbered and amended to read:
4993 [
4994 Imputing income to a parent.
4995 [
4996
4997
4998
4999
5000
5001
5002 (1) (a) Each parent shall provide verification of current income to the court or
5003 administrative agency.
5004 (b) Each parent shall provide year-to-date pay stubs or employer statements and
5005 complete copies of tax returns from at least the most recent year, unless the court finds the
5006 verification is not reasonably available.
5007 (c) Verification of income from records maintained by the Department of Workforce
5008 Services may be substituted for pay stubs, employer statements, and income tax returns.
5009 (2) (a) To calculate gross income of a parent, the court or administrative agency may
5010 include:
5011 (i) prospective income of the parent, including income from earned and nonearned
5012 sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone,
5013 prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous
5014 marriages, annuities, capital gains, Social Security benefits, worker compensation benefits,
5015 unemployment compensation, income replacement disability insurance benefits, and payments
5016 from nonmeans-tested government programs; and
5017 (ii) income imputed to the parent as described in Subsection (6).
5018 [
5019 full-time 40-hour job.
5020 (c) If and only if during the time before the original support order, the parent normally
5021 and consistently worked more than 40 hours at the parent's job, the court may consider this
5022 extra time as a pattern in calculating the parent's ability to provide child support.
5023 (3) (a) The court or administrative agency shall use historical and current earnings to
5024 determine whether an underemployment or overemployment situation exists.
5025 (b) The office may not treat incarceration of at least six months as voluntary
5026 unemployment in establishing or modifying a support order.
5027 [
5028 [
5029
5030 [
5031
5032
5033 [
5034 [
5035
5036 (4) (a) To calculate income from self-employment or operation of a business, the court
5037 or administrative agency:
5038 (i) shall calculate gross income from self-employment or operation of a business by
5039 subtracting necessary expenses required for self-employment or business operation from gross
5040 receipts[
5041 (ii) [
5042 business [
5043 parent to satisfy a child support award[
5044 (iii) [
5045 at a reasonable level [
5046 (b) Gross income determined under this Subsection (4) may differ from the amount of
5047 business income determined for tax purposes.
5048 [
5049
5050 [
5051
5052
5053
5054
5055 [
5056
5057 [
5058
5059 [
5060 [
5061 (5) When possible, the court or administrative agency shall determine the average
5062 monthly gross income for each parent by:
5063 (a) calculating the gross income of each parent on an annual basis; and
5064 (b) dividing the annual gross income for each parent by 12.
5065 (6) (a) The court or administrative agency may not impute income to a parent unless
5066 the parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a
5067 hearing is held and [
5068
5069 evidentiary basis for the imputation.
5070 (b) If income is imputed to a parent, [
5071 administrative agency shall base income upon employment potential and probable earnings
5072 considering, to the extent known:
5073 (i) employment opportunities;
5074 (ii) work history;
5075 (iii) occupation qualifications;
5076 (iv) educational attainment;
5077 (v) literacy;
5078 (vi) age;
5079 (vii) health;
5080 (viii) criminal record;
5081 (ix) other employment barriers and background factors; and
5082 (x) prevailing earnings and job availability for persons of similar backgrounds in the
5083 community.
5084 (c) If a parent has no recent work history or a parent's occupation is unknown, [
5085
5086 at the federal minimum wage for a 40-hour work week.
5087 (d) To impute a greater or lesser income, the [
5088
5089 specific findings of fact as to the evidentiary basis for the imputation.
5090 [
5091 impute income to a parent if any of the following conditions exist and the condition is not of a
5092 temporary nature:
5093 (i) the reasonable costs of child care for the parents' minor [
5094 equal the amount of income the custodial parent can earn;
5095 (ii) a parent is physically or mentally unable to earn minimum wage;
5096 (iii) a parent is engaged in career or occupational training to establish basic job skills;
5097 or
5098 (iv) unusual emotional or physical needs of a child require the custodial parent's
5099 presence in the home.
5100 (7) Notwithstanding Subsection (2), the court or administrative agency may not include
5101 the following sources of income when calculating the gross income of a parent:
5102 (a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
5103 Program;
5104 (b) benefits received under a housing subsidy program, the Job Training Partnership
5105 Act, Supplemental Security Income, Social Security Disability Insurance, Medicaid, SNAP
5106 benefits, or General Assistance;
5107 (c) other similar means-tested welfare benefits received by a parent;
5108 (d) the earned income of a child who is the subject of a child support award; or
5109 (e) except as otherwise provided in Subsection (8), the benefits to a child in the child's
5110 own right, such as Supplemental Security Income.
5111 (8) (a) The court or administrative agency shall credit, as child support, the amount of
5112 social security benefits received by a child due to the earnings of the parent on whose earning
5113 record the social security benefits are based by crediting the amount against the potential
5114 obligation of that parent.
5115 (b) The court or administrative agency may consider other unearned income of a child
5116 as income of a parent depending upon the circumstances of each case.
5117 [
5118
5119
5120 [
5121
5122
5123
5124 Section 151. Section 81-6-204 is enacted to read:
5125 81-6-204. General provisions for calculating child support -- Determination of
5126 base combined child support obligation.
5127 (1) To calculate child support, the court or administrative agency shall determine the
5128 base combined child support obligation for the parents by:
5129 (a) except as provided in Subsection (3), adjusting the average monthly gross income
5130 for each parent by subtracting any alimony previously ordered and paid and any child support
5131 previously ordered for that parent;
5132 (b) adjusting the average monthly gross income for each parent by subtracting any
5133 credits deemed appropriate under Subsections 81-6-202(7) and (8);
5134 (c) combining the adjusted average monthly gross incomes for both parents; and
5135 (d) locating the base combined child support obligation in the base combined child
5136 support obligation table by finding:
5137 (i) the combined adjusted average monthly gross incomes of the parents in the table;
5138 and
5139 (ii) the total number of children in common to the parents.
5140 (2) The court or administrative agency may only use the income of the parents of the
5141 child to determine the base child support award.
5142 (3) The court or administrative agency may not subtract any alimony ordered in the
5143 pending proceeding from the gross incomes of the parents as described in Subsection (1)(c).
5144 (4) If there is no amount listed for the base combined child support obligation in the
5145 base combined child support obligation table, the base combined support obligation for the
5146 parents is $0.
5147 (5) Upon determining the base combined child support obligation, the court or
5148 administrative agency shall make additional calculations as described in Section 81-6-205,
5149 81-6-206, or 81-6-207 to determine the base child support award.
5150 (6) (a) Except as provided in Subsection (6)(b), the court may consider any amount that
5151 an incapacitated adult child can contribute to the child's support and use the amount to justify a
5152 reduction in the amount of support ordered.
5153 (b) If the case described in Subsection (6)(a) involves more than one child, the
5154 reduction may not be greater than the effect of reducing the total number of children by one.
5155 (7) (a) The base combined child support obligation table provides combined child
5156 support obligations for up to six children.
5157 (b) If a case involves more than six children, the court may add additional amounts to
5158 the base child support obligation shown in the base combined child support obligation table.
5159 (c) Unless rebutted by Subsection 81-6-202(3), the court or administrative agency may
5160 not order an amount less than the amount that would be ordered for up to six children.
5161 (8) (a) If the combined adjusted gross income exceeds the highest level specified in the
5162 base combined child support obligation table, the court shall order an appropriate and just
5163 amount of child support on a case-by-case basis, except that the court may not order an amount
5164 that is less than the highest level specified in the table for the number of children due child
5165 support.
5166 (b) There is no maximum limit on the base child support award that a court may order
5167 using the child support tables.
5168 (9) The amount shown in a child support table is the child support amount for the total
5169 number of children not an amount per child.
5170 (10) For all worksheets, income and child support award figures are rounded to the
5171 nearest dollar.
5172 Section 152. Section 81-6-205 is enacted to read:
5173 81-6-205. Sole physical custody -- Obligation calculations -- Change in physical
5174 custody.
5175 (1) This section applies to a case in which a parent, or another person, is awarded sole
5176 physical custody of the children.
5177 (2) Except as provided in Subsections (3) and (4), the court or administrative agency
5178 shall determine the base child support award for each parent by:
5179 (a) dividing each parent's monthly adjusted gross income by the combined monthly
5180 adjusted gross income to determine each parent's percentage; and
5181 (b) multiplying each parent's percentage by the base combined child support obligation
5182 that is calculated as described in Subsection 81-6-204(1).
5183 (3) (a) If the base combined child support obligation is $0, the court or administrative
5184 agency shall establish the base child support award for each parent by:
5185 (i) determining the individual monthly adjusted gross income for the parent;
5186 (ii) locating the amount of the base child support award in the low income table by
5187 finding:
5188 (A) the monthly adjusted gross income for the parent in the low income table; and
5189 (B) the number of children in common with the parents.
5190 (b) The corresponding amount in the low income table is the base child support award
5191 for that parent.
5192 (4) (a) If a parent's individual monthly adjusted gross income is less than the highest
5193 amount of monthly adjusted gross income shown in the low income table, the court or
5194 administrative agency shall determine that the base child support award is the lesser of:
5195 (i) the amount calculated using the base combined child support obligation table as
5196 described in Subsection (2); and
5197 (ii) the amount calculated using the low income table as described in Subsection (3).
5198 (b) If the monthly adjusted gross income of a parent is found in an area of the low
5199 income table in which no amount is shown, the court or administrative agency shall determine
5200 the base child support award by using the amount listed in the base combined child support
5201 obligation table and calculated as described in Subsection (2).
5202 (5) A base child support award in a sole physical custody case may not be less than
5203 $30.
5204 (6) The amounts calculated under this section are rebuttable as described in Section
5205 81-6-202.
5206 (7) A parent without sole physical custody of the children is an obligor and is required
5207 to pay the amount of child support calculated under this section.
5208 (8) (a) When physical custody of a child changes after the original child support order,
5209 the parent without physical custody of the child is required to pay the amount of child support
5210 calculated under this section, without the need to modify the order, to:
5211 (i) the parent who has physical custody of the child;
5212 (ii) a relative to whom physical custody of the child has been voluntarily given; or
5213 (iii) the state when the child is residing outside of the home in the protective custody,
5214 temporary custody, or care of the state or a state-licensed facility for at least 30 days.
5215 (b) When physical custody of a child changes from the physical custody that is
5216 assumed in the original child support order calculated under this section, the modification of
5217 the child support order is not necessary even if only one parent is specifically ordered to pay in
5218 the child support order.
5219 Section 153. Section 81-6-206 is enacted to read:
5220 81-6-206. Joint physical custody -- Obligation calculations.
5221 (1) This section applies to a case in which the parents are awarded joint physical
5222 custody of the children.
5223 (2) If the base combined child support obligation that is calculated as described in
5224 Subsection 81-6-204(1) is $0, the base child support award for each parent is $0.
5225 (3) If the base combined child support obligation that is calculated as described in
5226 Subsection 81-6-204(1) is greater than $0, the court or administrative agency shall determine
5227 each parent's share of the base combined child support obligation by:
5228 (a) dividing each parent's monthly adjusted gross income by the combined monthly
5229 adjusted gross income to determine each parent's percentage; and
5230 (b) multiplying each parent's percentage by the base combined child support obligation.
5231 (4) The court or administrative agency shall determine the base child support award for
5232 the parent with the lesser number of overnights by:
5233 (a) multiplying the number of overnights over 110 and under 131 for that parent by
5234 .0027;
5235 (b) multiplying the number calculated under Subsection (4)(a) by the base combined
5236 child support obligation;
5237 (c) multiplying the number of overnights over 130 for that parent by .0084;
5238 (d) multiplying the number calculated under Subsection (4)(c) by the base combined
5239 child support obligation; and
5240 (e) subtracting the numbers calculated in Subsections (4)(b) and (4)(d) from that
5241 parent's share of the base combined child support obligation calculated under Subsection (3).
5242 (5) If the base child support award calculated under Subsection (4) is greater than $0,
5243 the parent with the lesser number of overnights is the obligor and is required to pay child
5244 support.
5245 (6) If the base child support award calculated under Subsection (4) is less than $0:
5246 (a) the parent with the lesser number of overnights is the obligee; and
5247 (b) the parent with the greater number of overnights is the obligor and is required to
5248 pay child support.
5249 (7) If the parents have an equal parent-time schedule under Section 81-9-305, the
5250 amount of time to be spent with the parent who has the lower monthly adjusted gross income is
5251 considered 183 overnights, regardless of whether the parent receives 182 overnights or 183
5252 overnights under the equal parent-time schedule.
5253 Section 154. Section 81-6-207 is enacted to read:
5254 81-6-207. Split physical custody -- Obligation calculations.
5255 (1) This section applies to a case in which the parents are awarded split physical
5256 custody of the children.
5257 (2) If the base combined child support obligation that is calculated as described in
5258 Subsection 81-6-204(1) is $0, the base child support award for each parent is $0.
5259 (3) If the base combined child support obligation that is calculated as described in
5260 Subsection 81-6-204(1) is greater than $0, the court shall determine the base child support
5261 award by:
5262 (a) dividing the number of children with each parent by the combined number of
5263 children to calculate each parent's percentage of children;
5264 (b) dividing each parent's monthly adjusted gross income by the combined monthly
5265 adjusted gross income to calculate each parent's percentage of the combined monthly adjusted
5266 gross income;
5267 (c) multiplying each parent's percentage of the combined monthly adjusted gross
5268 income by the base combined child support obligation to calculate each parent's share of the
5269 base combined child support obligation;
5270 (d) multiplying each parent's share of the base combined child support obligation by
5271 the other parent's percentage of children to determine the individual child support obligations
5272 for each parent; and
5273 (e) subtracting the lesser individual child support obligation from the higher individual
5274 child support obligation to reach the base child support award.
5275 (4) The parent with the higher individual child support obligation is the parent required
5276 to pay the base child support award calculated under Subsection (3).
5277 Section 155. Section 81-6-208, which is renumbered from Section 78B-12-212 is
5278 renumbered and amended to read:
5279 [
5280 medical expenses -- Determination of parental liability for medical expenses.
5281 (1) As used in this section, "health insurance" means the same as that term is defined in
5282 Section 31A-1-301.
5283 [
5284 modified in this state on or after May 3, 2023, shall require compliance with the requirements
5285 described in Subsection [
5286 [
5287 (a) [
5288 expenses of a child;
5289 (b) [
5290 a child if health insurance is available to the parents at a reasonable cost;
5291 (c) [
5292 which health[
5293
5294
5295 (d) [
5296 premium actually paid by a parent for the child's portion of health insurance; and
5297 (e) [
5298 parent to equally share all reasonable and necessary uninsured and unreimbursed medical and
5299 dental expenses incurred for a child, including co-payments, co-insurance, and deductibles.
5300 [
5301 Subsection [
5302 (a) the court makes specific findings establishing good cause for the deviation; or
5303 (b) subject to the court's approval, the parents agree which parent shall provide health
5304 insurance for the child.
5305 [
5306 court may consider:
5307 (a) the reasonableness of the cost;
5308 (b) the availability of a group insurance policy;
5309 (c) the coverage of the policy; or
5310 (d) the preference of the custodial parent.
5311 [
5312 requirements described in Subsection [
5313 (a) the parents are nonetheless subject to the requirements described in Subsection [
5314 (3), as applicable; and
5315 (b) for purposes of Subsection [
5316 whose birthday falls first in the calendar year is primary, and the health insurance plan of the
5317 parent whose birthday falls second in the calendar year is secondary.
5318 (7) (a) The provisions of an order under Subsection (3)(c) shall:
5319 (i) take effect if at any time a child is covered by both parents' health insurance plans;
5320 and
5321 (ii) include the following language: "If, at any point in time, a child is covered by the
5322 health insurance plans of both parents, the health insurance plan of (Parent's Name) shall be
5323 primary coverage for the child and the health insurance plan of (Other Parent's Name) shall be
5324 secondary coverage for the child. If a parent remarries and the child is not covered by that
5325 parent's health insurance plan but is covered by a step-parent's plan, the health insurance plan
5326 of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain the
5327 same designation as the primary or secondary plan of the child."
5328 (b) A court or administrative agency may not modify the language required by
5329 Subsection (7)(a)(ii).
5330 (c) Notwithstanding Subsection (7)(b), the court may allocate the payment of medical
5331 expenses including co-payments, deductibles, and co-insurance not covered by health insurance
5332 between the parents.
5333 (d) In designating primary coverage pursuant to Subsection (3)(c), the court may take
5334 into account:
5335 (i) the birth dates of the parents;
5336 (ii) a requirement in a court order, if any, for one of the parents to maintain health
5337 insurance coverage for a child;
5338 (iii) the parent with physical custody of the child; or
5339 (iv) any other factor the court considers relevant.
5340 [
5341 the base child support award or recover the other parent's share of the child's portion of the
5342 premium.
5343 (b) If the parent does not have health insurance but another member of the parent's
5344 household provides health insurance for the child, the parent may receive credit against the
5345 base child support award or recover the other parent's share of the child's portion of the
5346 premium.
5347 [
5348 actually paid.
5349 (b) The premium expense for a child shall be calculated by dividing the premium
5350 amount by the number of persons covered under the policy and multiplying the result by the
5351 number of children in the instant case.
5352 [
5353 provide verification of coverage to the other parent, or to the [
5354 office under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., upon initial
5355 enrollment of the child, and after initial enrollment on or before January 2 of each calendar
5356 year.
5357 (b) The parent shall notify the other parent, or the [
5358 under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., of any change of
5359 insurance carrier, premium, or benefits within 30 calendar days of the date the parent first knew
5360 or should have known of the change.
5361 [
5362 cost and payment of medical expenses to the other parent within 30 days of payment.
5363 [
5364 deny a parent incurring medical expenses [
5365 expenses or to recover the other parent's share of the expenses if that parent fails to comply
5366 with [
5367 (11) (a) The court or administrative agency may issue an order determining the amount
5368 of a parent's liability for medical expenses of a child when the parent:
5369 (i) is required by a prior court or administrative order to:
5370 (A) share those expenses with the other parent of the child; or
5371 (B) obtain insurance for medical expenses but fails to do so; or
5372 (ii) receives direct payment from an insurer under insurance coverage obtained after the
5373 prior court or administrative order was issued.
5374 (b) If the prior court or administrative order does not specify what proportions of the
5375 expenses are to be shared:
5376 (i) the court may determine the amount of liability as may be reasonable and necessary;
5377 and
5378 (ii) the administrative agency may determine the amount of liability in accordance with
5379 established rules.
5380 (c) This Subsection (11) applies to an order without regard to when the order was
5381 issued.
5382 Section 156. Section 81-6-209, which is renumbered from Section 78B-12-214 is
5383 renumbered and amended to read:
5384 [
5385 child care costs and expenses -- Actual expenses for child care.
5386 [
5387
5388 (1) The court or administrative agency shall require in a child support order that each
5389 parent share equally the reasonable work-related child care expenses of the parents.
5390 (2) (a) If an actual expense for child care is incurred, a parent shall begin paying [
5391 the parent's share on a monthly basis immediately upon presentation of proof of the child care
5392 expense[
5393 (b) If the child care expense ceases to be incurred, [
5394 making monthly payment of that expense, while [
5395 obtaining a modification of the child support order.
5396 [
5397 care expense shall provide written verification of the cost and identity of a child care provider
5398 to the other parent upon initial engagement of a provider and thereafter on the request of the
5399 other parent.
5400 (ii) In the absence of a court order to the contrary, the parent shall notify the other
5401 parent of any change of child care provider or the monthly expense of child care within 30
5402 calendar days [
5403 (3) [
5404 parent incurring child care expenses [
5405 or to recover the other parent's share of the expenses if the parent incurring the expenses fails to
5406 comply with Subsection [
5407 (4) (a) The court or administrative agency shall presume that child care costs should be
5408 included in a child support order if a parent, during extended parent-time, is working and
5409 actually incurring the child care costs.
5410 (b) The presumption under Subsection (4)(a) is rebutted if:
5411 (i) the obligor's base child support award, in combination with the award of medical
5412 expenses, exceeds 50% of the obligor's adjusted gross income; or
5413 (ii) by adding the child care costs, the obligor's child support obligation would exceed
5414 50% of the obligor's adjusted gross income.
5415 (5) (a) The court or administrative agency may award child care costs on a case-by-case
5416 basis if the child care costs are related to the career and occupational training of the custodial
5417 parent or the child care costs would be in the interest of justice.
5418 (b) The court or administrative agency may assign financial responsibility in a child
5419 support order for all or a portion of child care expenses incurred on behalf of a child due to the
5420 employment or training of the custodial parent.
5421 (6) (a) The court or administrative agency may impute a monthly obligation for child
5422 care costs when the court imputes income to a parent who is providing child care for the child
5423 so that the parties are not incurring child care costs for the child.
5424 (b) The court shall apply any monthly obligation imputed under Subsection (6)(a)
5425 towards any actual child care costs incurred within the same month for the child.
5426 Section 157. Section 81-6-210, which is renumbered from Section 78B-12-217 is
5427 renumbered and amended to read:
5428 [
5429 (1) [
5430 awarded the right to claim a child [
5431 state income tax purposes.
5432 (2) Unless the parties otherwise stipulate in writing, the court [
5433
5434 [
5435 consider:
5436 (a) as the primary factor, the relative contribution of each parent to the cost of raising
5437 the child; and
5438 (b) among other factors, the relative tax benefit to each parent.
5439 [
5440 may not award any exemption to [
5441 parent if the parent is not current in the parent's child support obligation[
5442 (b) If a parent is not current in the parent's child support obligation under Subsection
5443 (4)(a), the court [
5444 other parent.
5445 [
5446 tax benefit to that parent.
5447 Section 158. Section 81-6-211, which is renumbered from Section 78B-12-216 is
5448 renumbered and amended to read:
5449 [
5450 (1) The base child support award [
5451 (a) reduced by 50% for each child for time periods during which the child is with the
5452 noncustodial parent by order of the court or by written agreement of the parties for at least 25
5453 of any 30 consecutive days of extended parent-time; or
5454 (b) reduced by 25% for each child for time periods during which the child is with the
5455 noncustodial parent by order of the court[
5456 of any 30 consecutive days of extended parent-time.
5457 (2) If the [
5458 Chapter 3, Part 3, Family Employment Program, the administrative agency shall approve any
5459 agreement by the parties for reduction of child support during extended parent-time [
5460
5461 (3) [
5462 custodial parent [
5463 (4) For cases receiving [
5464
5465
5466
5467 noncustodial parent shall provide written documentation to the office of the extended
5468 parent-time schedule to receive the adjustment under Subsection (1), including the beginning
5469 and ending dates, [
5470 voluntary written agreement between the parties.
5471 (5) If the noncustodial parent complies with Subsection (4), owes no past-due support,
5472 and pays the full, unadjusted amount of current child support due for the month of scheduled
5473 extended parent-time and the following month, the [
5474 refund the difference from the child support due to the custodial parent or the state, between the
5475 full amount of current child support received during the month of extended parent-time and the
5476 adjusted amount of current child support due:
5477 (a) from current child support received in the month following the month of scheduled
5478 extended parent-time; or
5479 (b) from current child support received in the month following the month written
5480 documentation of the scheduled extended parent-time is provided to the office, whichever
5481 occurs later.
5482 (6) If the noncustodial parent complies with Subsection (4), owes past-due support, and
5483 pays the full, unadjusted amount of current child support due for the month of scheduled
5484 extended parent-time, the [
5485 the child support due to the custodial parent or the state, between the full amount of current
5486 child support received during the month of extended parent-time and the adjusted amount of
5487 current child support due, to the past-due support obligation in the case.
5488 (7) For cases not receiving [
5489
5490
5491
5492
5493
5494
5495 court or the parents shall resolve, without involvement by the office, any potential adjustment
5496 of the child support payment during the month of extended visitation or any refund that is due
5497 to the noncustodial parent from the custodial parent.
5498 (8) For purposes of this section, the per child amount to which the abatement applies
5499 [
5500 included in the award.
5501 (9) The reduction in this section does not apply to parents with joint physical custody
5502 obligations calculated in accordance with Section [
5503 Section 159. Section 81-6-212 is enacted to read:
5504 81-6-212. Modification of child support order -- Adjustment of child support.
5505 (1) The amount of prospective child support is equal to the amount granted by a prior
5506 child support order unless:
5507 (a) there is a substantial change of circumstances on the part of the obligor or obligee
5508 as described in this section; or
5509 (b) an adjustment is made as described in this section or Subsection 81-6-215(5).
5510 (2) If the prior child support order contains a stipulated provision for the automatic
5511 adjustment for prospective child support, the prospective child support is the amount as stated
5512 in the order, without a showing of a substantial change of circumstances, if the stipulated
5513 provision:
5514 (a) is clear and unambiguous;
5515 (b) is self-executing;
5516 (c) provides for child support that equals or exceeds the base child support award
5517 required by the child support guidelines; and
5518 (d) does not allow a decrease in child support as a result of the obligor's voluntary
5519 reduction of income.
5520 (3) (a) A parent, legal guardian, or the office may, at any time, petition the court to
5521 adjust the amount of a child support order if there has been a substantial change in
5522 circumstances.
5523 (b) A change in the child support tables is not a substantial change in circumstances for
5524 the purposes of Subsection (3)(a).
5525 (c) For purposes of this Subsection (3)(a), a substantial change in circumstances may
5526 include:
5527 (i) material changes in custody;
5528 (ii) material changes in the relative wealth or assets of the parties;
5529 (iii) material changes of 30% or more in the income of a parent;
5530 (iv) material changes in the employment potential and ability of a parent to earn;
5531 (v) material changes in the medical needs of the child; or
5532 (vi) material changes in the legal responsibilities of either parent for the support of
5533 others.
5534 (4) Upon receiving a petition under Subsection (3)(a), the court shall, taking into
5535 account the best interests of the child:
5536 (a) determine whether a substantial change has occurred;
5537 (b) if a substantial change has occurred, determine whether the change results in a
5538 difference of 15% or more between the obligor's ordered support amount and the obligor's
5539 support amount that would be required under the child support guidelines; and
5540 (c) adjust the obligor's ordered support amount to that which is provided for in the
5541 child support guidelines if:
5542 (i) there is a difference of 15% or more; and
5543 (ii) the difference is not of a temporary nature.
5544 (5) (a) If a child support order has not been issued or modified within the previous
5545 three years, a parent, legal guardian, or the office may move the court to adjust the amount of a
5546 child support order.
5547 (b) Upon receiving a motion under Subsection (5)(a), the court shall, taking into
5548 account the best interests of the child:
5549 (i) determine whether there is a difference between the obligor's ordered support
5550 amount and the obligor's support amount that would be required under the child support
5551 guidelines; and
5552 (ii) if there is a difference as described in Subsection (5)(b)(i), adjust the obligor's
5553 ordered support amount to the obligor's support amount provided in the child support
5554 guidelines if:
5555 (A) the difference is 10% or more;
5556 (B) the difference is not of a temporary nature; and
5557 (C) the order adjusting the obligor's ordered support amount does not deviate from the
5558 child support guidelines.
5559 (c) A showing of a substantial change in circumstances is not necessary for an
5560 adjustment under Subsection (4).
5561 Section 160. Section 81-6-213 is enacted to read:
5562 81-6-213. Adjustment to child support when child becomes emancipated.
5563 (1) Except as otherwise provided in the child support order, the base child support
5564 award is automatically adjusted to the base child support award for the remaining number of
5565 children due child support, without the need to modify the most recent child support order by a
5566 court, when a child:
5567 (a) becomes 18 years old or graduates from high school during the child's normal and
5568 expected year of graduation, whichever occurs later;
5569 (b) dies, marries, becomes a member of the armed forces of the United States; or
5570 (c) is emancipated in accordance with Title 80, Chapter 7, Emancipation.
5571 (2) The base child support award is adjusted as described in Subsection (1) by using
5572 the child support table that was used to establish the most recent child support order and by
5573 using the income of the parties as specified in the most recent child support order or the
5574 worksheets.
5575 (3) The base child support award may not be reduced by a per child amount derived
5576 from the base child support award originally ordered.
5577 (4) If the incomes of the parties are not specified in the most recent child support order
5578 or the worksheets, the information regarding the incomes is not consistent, or the order deviates
5579 from the child support guidelines, the base child support award is not automatically adjusted
5580 under Subsection (1) and the child support order will continue until modified by the issuing
5581 tribunal.
5582 (5) If the child support order is deviated and the parties subsequently obtain a court
5583 order that adjusts the amount of child support back to the date of the emancipation of the child,
5584 the office may not be required to repay any difference in the child support collected during the
5585 interim.
5586 Section 161. Section 81-6-214, which is renumbered from Section 78B-12-218 is
5587 renumbered and amended to read:
5588 [
5589 -- Accounting.
5590 (1) The court or administrative agency [
5591 for child support may, upon the petition of the obligor, order prospectively the obligee to
5592 furnish an accounting of amounts provided for the child's benefit to the obligor, including an
5593 accounting or receipts.
5594 (2) The court or administrative agency may prescribe the frequency and the form of the
5595 accounting [
5596 (3) The obligor may petition for the accounting only if current on all child support that
5597 has been ordered.
5598 Section 162. Section 81-6-301 is enacted to read:
5599
5600 81-6-301. Definitions for part.
5601 Reserved.
5602 Section 163. Section 81-6-302, which is renumbered from Section 78B-12-301 is
5603 renumbered and amended to read:
5604 [
5605 Both parents -- Child support orders entered before January 1, 2023.
5606 The table in this section [
5607 (1) establish a child support order entered for the first time on or after January 1, 2008,
5608 but before January 1, 2023;
5609 (2) modify a child support order entered for the first time on or after January 1, 2008,
5610 but before January 1, 2023;
5611 (3) modify a temporary judicial child support order established on or before December
5612 31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
5613 (4) modify a final child support order entered on or before December 31, 2007, if the
5614 modification is made on or after January 1, 2010, but before January 1, 2025.
| 5615 | Combined Monthly Adjusted Gross Income | Number of Children | ||||||
| 5616 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 5617 | From | To | ||||||
| 5618 | 726 - | 750 | 138 | 245 | 286 | 319 | 351 | 382 |
| 5619 | 751 - | 775 | 141 | 252 | 294 | 328 | 360 | 392 |
| 5620 | 776 - | 800 | 146 | 259 | 301 | 336 | 370 | 402 |
| 5621 | 801 - | 825 | 151 | 265 | 309 | 345 | 379 | 412 |
| 5622 | 826 - | 850 | 155 | 272 | 317 | 353 | 389 | 423 |
| 5623 | 851 - | 875 | 160 | 279 | 324 | 362 | 398 | 433 |
| 5624 | 876 - | 900 | 165 | 285 | 332 | 370 | 407 | 443 |
| 5625 | 901 - | 925 | 169 | 292 | 340 | 379 | 417 | 453 |
| 5626 | 926 - | 950 | 174 | 299 | 348 | 387 | 426 | 464 |
| 5627 | 951 - | 975 | 179 | 305 | 355 | 396 | 436 | 474 |
| 5628 | 976 - | 1,000 | 183 | 312 | 363 | 405 | 445 | 484 |
| 5629 | 1,001 - | 1,050 | 193 | 322 | 374 | 417 | 459 | 500 |
| 5630 | 1,051 - | 1,100 | 201 | 335 | 390 | 435 | 478 | 520 |
| 5631 | 1,101 - | 1,150 | 210 | 348 | 405 | 452 | 497 | 541 |
| 5632 | 1,151 - | 1,200 | 220 | 362 | 420 | 469 | 516 | 561 |
| 5633 | 1,201 - | 1,250 | 229 | 375 | 436 | 486 | 535 | 582 |
| 5634 | 1,251 - | 1,300 | 238 | 388 | 451 | 503 | 553 | 602 |
| 5635 | 1,301 - | 1,350 | 248 | 401 | 467 | 520 | 572 | 623 |
| 5636 | 1,351 - | 1,400 | 256 | 414 | 481 | 536 | 590 | 642 |
| 5637 | 1,401 - | 1,450 | 265 | 426 | 495 | 552 | 607 | 661 |
| 5638 | 1,451 - | 1,500 | 275 | 438 | 510 | 568 | 625 | 680 |
| 5639 | 1,501 - | 1,550 | 284 | 451 | 524 | 584 | 643 | 699 |
| 5640 | 1,551 - | 1,600 | 293 | 463 | 538 | 600 | 660 | 718 |
| 5641 | 1,601 - | 1,650 | 303 | 476 | 553 | 616 | 678 | 737 |
| 5642 | 1,651 - | 1,700 | 311 | 488 | 567 | 632 | 695 | 757 |
| 5643 | 1,701 - | 1,750 | 320 | 500 | 581 | 648 | 713 | 776 |
| 5644 | 1,751 - | 1,800 | 330 | 513 | 596 | 664 | 731 | 795 |
| 5645 | 1,801 - | 1,850 | 339 | 525 | 610 | 680 | 748 | 814 |
| 5646 | 1,851 - | 1,900 | 348 | 538 | 624 | 696 | 766 | 833 |
| 5647 | 1,901 - | 1,950 | 358 | 550 | 638 | 712 | 783 | 852 |
| 5648 | 1,951 - | 2,000 | 366 | 562 | 652 | 727 | 800 | 870 |
| 5649 | 2,001 - | 2,100 | 385 | 580 | 673 | 750 | 825 | 898 |
| 5650 | 2,101 - | 2,200 | 399 | 604 | 701 | 781 | 859 | 935 |
| 5651 | 2,201 - | 2,300 | 410 | 628 | 728 | 812 | 893 | 972 |
| 5652 | 2,301 - | 2,400 | 420 | 652 | 756 | 843 | 927 | 1,009 |
| 5653 | 2,401 - | 2,500 | 431 | 676 | 784 | 874 | 961 | 1,046 |
| 5654 | 2,501 - | 2,600 | 443 | 700 | 811 | 904 | 995 | 1,082 |
| 5655 | 2,601 - | 2,700 | 453 | 723 | 838 | 934 | 1,028 | 1,118 |
| 5656 | 2,701 - | 2,800 | 464 | 747 | 865 | 964 | 1,060 | 1,154 |
| 5657 | 2,801 - | 2,900 | 475 | 770 | 891 | 994 | 1,093 | 1,189 |
| 5658 | 2,901 - | 3,000 | 485 | 794 | 918 | 1,024 | 1,126 | 1,225 |
| 5659 | 3,001 - | 3,100 | 496 | 817 | 945 | 1,054 | 1,159 | 1,261 |
| 5660 | 3,101 - | 3,200 | 508 | 838 | 970 | 1,081 | 1,189 | 1,294 |
| 5661 | 3,201 - | 3,300 | 518 | 859 | 994 | 1,108 | 1,219 | 1,326 |
| 5662 | 3,301 - | 3,400 | 529 | 881 | 1,018 | 1,135 | 1,248 | 1,358 |
| 5663 | 3,401 - | 3,500 | 539 | 902 | 1,042 | 1,162 | 1,278 | 1,391 |
| 5664 | 3,501 - | 3,600 | 548 | 923 | 1,066 | 1,189 | 1,308 | 1,423 |
| 5665 | 3,601 - | 3,700 | 555 | 944 | 1,090 | 1,216 | 1,337 | 1,455 |
| 5666 | 3,701 - | 3,800 | 564 | 965 | 1,115 | 1,243 | 1,367 | 1,487 |
| 5667 | 3,801 - | 3,900 | 573 | 985 | 1,138 | 1,269 | 1,396 | 1,519 |
| 5668 | 3,901 - | 4,000 | 581 | 1,004 | 1,160 | 1,294 | 1,423 | 1,548 |
| 5669 | 4,001 - | 4,100 | 590 | 1,024 | 1,182 | 1,318 | 1,450 | 1,577 |
| 5670 | 4,101 - | 4,200 | 599 | 1,043 | 1,204 | 1,342 | 1,477 | 1,607 |
| 5671 | 4,201 - | 4,300 | 608 | 1,062 | 1,226 | 1,367 | 1,503 | 1,636 |
| 5672 | 4,301 - | 4,400 | 616 | 1,081 | 1,248 | 1,391 | 1,530 | 1,665 |
| 5673 | 4,401 - | 4,500 | 624 | 1,101 | 1,270 | 1,416 | 1,557 | 1,694 |
| 5674 | 4,501 - | 4,600 | 633 | 1,119 | 1,291 | 1,439 | 1,583 | 1,722 |
| 5675 | 4,601 - | 4,700 | 641 | 1,133 | 1,306 | 1,456 | 1,601 | 1,742 |
| 5676 | 4,701 - | 4,800 | 650 | 1,147 | 1,321 | 1,473 | 1,620 | 1,762 |
| 5677 | 4,801 - | 4,900 | 659 | 1,161 | 1,336 | 1,489 | 1,638 | 1,783 |
| 5678 | 4,901 - | 5,000 | 668 | 1,175 | 1,351 | 1,506 | 1,657 | 1,803 |
| 5679 | 5,001 - | 5,100 | 676 | 1,189 | 1,366 | 1,523 | 1,675 | 1,823 |
| 5680 | 5,101 - | 5,200 | 684 | 1,203 | 1,381 | 1,540 | 1,694 | 1,843 |
| 5681 | 5,201 - | 5,300 | 693 | 1,217 | 1,396 | 1,557 | 1,712 | 1,863 |
| 5682 | 5,301 - | 5,400 | 701 | 1,227 | 1,408 | 1,570 | 1,726 | 1,878 |
| 5683 | 5,401 - | 5,500 | 710 | 1,238 | 1,419 | 1,582 | 1,741 | 1,894 |
| 5684 | 5,501 - | 5,600 | 719 | 1,248 | 1,431 | 1,595 | 1,755 | 1,909 |
| 5685 | 5,601 - | 5,700 | 728 | 1,259 | 1,442 | 1,608 | 1,769 | 1,925 |
| 5686 | 5,701 - | 5,800 | 733 | 1,269 | 1,454 | 1,621 | 1,783 | 1,940 |
| 5687 | 5,801 - | 5,900 | 739 | 1,280 | 1,465 | 1,634 | 1,797 | 1,956 |
| 5688 | 5,901 - | 6,000 | 745 | 1,290 | 1,477 | 1,647 | 1,812 | 1,971 |
| 5689 | 6,001 - | 6,100 | 751 | 1,302 | 1,490 | 1,661 | 1,827 | 1,988 |
| 5690 | 6,101 - | 6,200 | 756 | 1,313 | 1,503 | 1,676 | 1,843 | 2,005 |
| 5691 | 6,201 - | 6,300 | 763 | 1,325 | 1,516 | 1,690 | 1,859 | 2,023 |
| 5692 | 6,301 - | 6,400 | 769 | 1,336 | 1,528 | 1,704 | 1,874 | 2,039 |
| 5693 | 6,401 - | 6,500 | 775 | 1,347 | 1,540 | 1,717 | 1,889 | 2,055 |
| 5694 | 6,501 - | 6,600 | 780 | 1,358 | 1,553 | 1,731 | 1,904 | 2,072 |
| 5695 | 6,601 - | 6,700 | 786 | 1,369 | 1,565 | 1,745 | 1,919 | 2,088 |
| 5696 | 6,701 - | 6,800 | 786 | 1,380 | 1,577 | 1,759 | 1,934 | 2,105 |
| 5697 | 6,801 - | 6,900 | 841 | 1,391 | 1,590 | 1,772 | 1,950 | 2,121 |
| 5698 | 6,901 - | 7,000 | 850 | 1,402 | 1,602 | 1,786 | 1,965 | 2,138 |
| 5699 | 7,001 - | 7,100 | 859 | 1,413 | 1,614 | 1,800 | 1,980 | 2,154 |
| 5700 | 7,101 - | 7,200 | 868 | 1,417 | 1,618 | 1,804 | 1,985 | 2,159 |
| 5701 | 7,201 - | 7,300 | 876 | 1,420 | 1,621 | 1,807 | 1,988 | 2,163 |
| 5702 | 7,301 - | 7,400 | 883 | 1,423 | 1,624 | 1,811 | 1,992 | 2,167 |
| 5703 | 7,401 - | 7,500 | 888 | 1,426 | 1,627 | 1,814 | 1,996 | 2,171 |
| 5704 | 7,501 - | 7,600 | 894 | 1,429 | 1,630 | 1,818 | 1,999 | 2,175 |
| 5705 | 7,601 - | 7,700 | 899 | 1,432 | 1,633 | 1,821 | 2,003 | 2,179 |
| 5706 | 7,701 - | 7,800 | 904 | 1,436 | 1,636 | 1,824 | 2,007 | 2,184 |
| 5707 | 7,801 - | 7,900 | 910 | 1,439 | 1,639 | 1,828 | 2,011 | 2,188 |
| 5708 | 7,901 - | 8,000 | 915 | 1,442 | 1,642 | 1,831 | 2,014 | 2,192 |
| 5709 | 8,001 - | 8,100 | 921 | 1,445 | 1,646 | 1,835 | 2,018 | 2,196 |
| 5710 | 8,101 - | 8,200 | 926 | 1,448 | 1,649 | 1,838 | 2,022 | 2,200 |
| 5711 | 8,201 - | 8,300 | 933 | 1,451 | 1,652 | 1,842 | 2,026 | 2,204 |
| 5712 | 8,301 - | 8,400 | 938 | 1,454 | 1,655 | 1,845 | 2,029 | 2,208 |
| 5713 | 8,401 - | 8,500 | 944 | 1,460 | 1,661 | 1,852 | 2,037 | 2,216 |
| 5714 | 8,501 - | 8,600 | 949 | 1,475 | 1,678 | 1,871 | 2,058 | 2,240 |
| 5715 | 8,601 - | 8,700 | 954 | 1,491 | 1,696 | 1,891 | 2,080 | 2,263 |
| 5716 | 8,701 - | 8,800 | 960 | 1,506 | 1,714 | 1,911 | 2,102 | 2,287 |
| 5717 | 8,801 - | 8,900 | 965 | 1,522 | 1,732 | 1,931 | 2,124 | 2,311 |
| 5718 | 8,901 - | 9,000 | 971 | 1,537 | 1,749 | 1,951 | 2,146 | 2,334 |
| 5719 | 9,001 - | 9,100 | 976 | 1,553 | 1,767 | 1,970 | 2,167 | 2,358 |
| 5720 | 9,101 - | 9,200 | 983 | 1,568 | 1,785 | 1,990 | 2,189 | 2,382 |
| 5721 | 9,201 - | 9,300 | 988 | 1,584 | 1,803 | 2,010 | 2,211 | 2,405 |
| 5722 | 9,301 - | 9,400 | 994 | 1,599 | 1,820 | 2,030 | 2,233 | 2,429 |
| 5723 | 9,401 - | 9,500 | 999 | 1,614 | 1,838 | 2,049 | 2,254 | 2,453 |
| 5724 | 9,501 - | 9,600 | 1,004 | 1,630 | 1,856 | 2,069 | 2,276 | 2,477 |
| 5725 | 9,601 - | 9,700 | 1,010 | 1,645 | 1,874 | 2,089 | 2,298 | 2,500 |
| 5726 | 9,701 - | 9,800 | 1,015 | 1,661 | 1,891 | 2,109 | 2,320 | 2,524 |
| 5727 | 9,801 - | 9,900 | 1,021 | 1,673 | 1,905 | 2,124 | 2,336 | 2,542 |
| 5728 | 9,901 - | 10,000 | 1,026 | 1,683 | 1,917 | 2,137 | 2,351 | 2,557 |
| 5729 | 10,001 - | 10,100 | 1,033 | 1,694 | 1,928 | 2,150 | 2,365 | 2,573 |
| 5730 | 10,101 - | 10,200 | 1,039 | 1,704 | 1,940 | 2,163 | 2,379 | 2,589 |
| 5731 | 10,201 - | 10,300 | 1,045 | 1,715 | 1,951 | 2,176 | 2,394 | 2,604 |
| 5732 | 10,301 - | 10,400 | 1,051 | 1,725 | 1,963 | 2,189 | 2,408 | 2,620 |
| 5733 | 10,401 - | 10,500 | 1,058 | 1,736 | 1,975 | 2,202 | 2,422 | 2,635 |
| 5734 | 10,501 - | 10,600 | 1,064 | 1,746 | 1,986 | 2,215 | 2,436 | 2,651 |
| 5735 | 10,601 - | 10,700 | 1,070 | 1,757 | 1,998 | 2,228 | 2,451 | 2,666 |
| 5736 | 10,701 - | 10,800 | 1,077 | 1,767 | 2,010 | 2,241 | 2,465 | 2,682 |
| 5737 | 10,801 - | 10,900 | 1,083 | 1,778 | 2,021 | 2,254 | 2,479 | 2,697 |
| 5738 | 10,901 - | 11,000 | 1,090 | 1,788 | 2,033 | 2,267 | 2,494 | 2,713 |
| 5739 | 11,001 - | 11,100 | 1,096 | 1,799 | 2,045 | 2,280 | 2,508 | 2,729 |
| 5740 | 11,101 - | 11,200 | 1,103 | 1,809 | 2,056 | 2,293 | 2,522 | 2,744 |
| 5741 | 11,201 - | 11,300 | 1,109 | 1,820 | 2,068 | 2,306 | 2,537 | 2,760 |
| 5742 | 11,301 - | 11,400 | 1,116 | 1,830 | 2,080 | 2,319 | 2,551 | 2,775 |
| 5743 | 11,401 - | 11,500 | 1,123 | 1,841 | 2,091 | 2,332 | 2,565 | 2,791 |
| 5744 | 11,501 - | 11,600 | 1,129 | 1,851 | 2,103 | 2,345 | 2,579 | 2,806 |
| 5745 | 11,601 - | 11,700 | 1,136 | 1,862 | 2,115 | 2,358 | 2,594 | 2,822 |
| 5746 | 11,701 - | 11,800 | 1,143 | 1,872 | 2,126 | 2,371 | 2,608 | 2,838 |
| 5747 | 11,801 - | 11,900 | 1,150 | 1,882 | 2,138 | 2,383 | 2,622 | 2,852 |
| 5748 | 11,901 - | 12,000 | 1,157 | 1,892 | 2,148 | 2,395 | 2,635 | 2,867 |
| 5749 | 12,001 - | 12,100 | 1,164 | 1,901 | 2,159 | 2,407 | 2,648 | 2,881 |
| 5750 | 12,101 - | 12,200 | 1,171 | 1,910 | 2,170 | 2,419 | 2,661 | 2,895 |
| 5751 | 12,201 - | 12,300 | 1,178 | 1,919 | 2,180 | 2,431 | 2,674 | 2,910 |
| 5752 | 12,301 - | 12,400 | 1,185 | 1,929 | 2,191 | 2,443 | 2,687 | 2,924 |
| 5753 | 12,401 - | 12,500 | 1,192 | 1,938 | 2,202 | 2,455 | 2,700 | 2,938 |
| 5754 | 12,501 - | 12,600 | 1,199 | 1,947 | 2,212 | 2,467 | 2,714 | 2,952 |
| 5755 | 12,601 - | 12,700 | 1,206 | 1,956 | 2,223 | 2,479 | 2,727 | 2,967 |
| 5756 | 12,701 - | 12,800 | 1,213 | 1,966 | 2,234 | 2,491 | 2,740 | 2,981 |
| 5757 | 12,801 - | 12,900 | 1,220 | 1,975 | 2,245 | 2,503 | 2,753 | 2,995 |
| 5758 | 12,901 - | 13,000 | 1,227 | 1,984 | 2,255 | 2,514 | 2,766 | 3,009 |
| 5759 | 13,001 - | 13,100 | 1,233 | 1,993 | 2,265 | 2,525 | 2,778 | 3,022 |
| 5760 | 13,101 - | 13,200 | 1,239 | 2,001 | 2,275 | 2,536 | 2,790 | 3,035 |
| 5761 | 13,201 - | 13,300 | 1,245 | 2,010 | 2,285 | 2,547 | 2,802 | 3,049 |
| 5762 | 13,301 - | 13,400 | 1,250 | 2,018 | 2,294 | 2,558 | 2,814 | 3,062 |
| 5763 | 13,401 - | 13,500 | 1,256 | 2,027 | 2,304 | 2,569 | 2,826 | 3,075 |
| 5764 | 13,501 - | 13,600 | 1,262 | 2,035 | 2,314 | 2,580 | 2,838 | 3,088 |
| 5765 | 13,601 - | 13,700 | 1,267 | 2,044 | 2,324 | 2,591 | 2,850 | 3,101 |
| 5766 | 13,701 - | 13,800 | 1,273 | 2,052 | 2,334 | 2,602 | 2,862 | 3,114 |
| 5767 | 13,801 - | 13,900 | 1,279 | 2,061 | 2,344 | 2,613 | 2,875 | 3,127 |
| 5768 | 13,901 - | 14,000 | 1,284 | 2,069 | 2,354 | 2,624 | 2,887 | 3,141 |
| 5769 | 14,001 - | 14,100 | 1,290 | 2,078 | 2,363 | 2,635 | 2,899 | 3,154 |
| 5770 | 14,101 - | 14,200 | 1,296 | 2,087 | 2,373 | 2,646 | 2,911 | 3,167 |
| 5771 | 14,201 - | 14,300 | 1,301 | 2,095 | 2,383 | 2,657 | 2,923 | 3,180 |
| 5772 | 14,301 - | 14,400 | 1,306 | 2,104 | 2,393 | 2,668 | 2,935 | 3,193 |
| 5773 | 14,401 - | 14,500 | 1,312 | 2,112 | 2,403 | 2,679 | 2,947 | 3,206 |
| 5774 | 14,501 - | 14,600 | 1,317 | 2,121 | 2,413 | 2,690 | 2,959 | 3,220 |
| 5775 | 14,601 - | 14,700 | 1,323 | 2,129 | 2,423 | 2,701 | 2,971 | 3,233 |
| 5776 | 14,701 - | 14,800 | 1,329 | 2,138 | 2,432 | 2,712 | 2,983 | 3,246 |
| 5777 | 14,801 - | 14,900 | 1,334 | 2,146 | 2,442 | 2,723 | 2,995 | 3,259 |
| 5778 | 14,901 - | 15,000 | 1,340 | 2,155 | 2,452 | 2,734 | 3,008 | 3,272 |
| 5779 | 15,001 - | 15,100 | 1,345 | 2,163 | 2,461 | 2,744 | 3,018 | 3,284 |
| 5780 | 15,101 - | 15,200 | 1,351 | 2,170 | 2,469 | 2,752 | 3,028 | 3,294 |
| 5781 | 15,201 - | 15,300 | 1,357 | 2,177 | 2,476 | 2,761 | 3,037 | 3,304 |
| 5782 | 15,301 - | 15,400 | 1,362 | 2,184 | 2,484 | 2,769 | 3,046 | 3,314 |
| 5783 | 15,401 - | 15,500 | 1,368 | 2,191 | 2,491 | 2,778 | 3,056 | 3,325 |
| 5784 | 15,501 - | 15,600 | 1,373 | 2,198 | 2,499 | 2,786 | 3,065 | 3,335 |
| 5785 | 15,601 - | 15,700 | 1,379 | 2,205 | 2,507 | 2,795 | 3,074 | 3,345 |
| 5786 | 15,701 - | 15,800 | 1,384 | 2,211 | 2,514 | 2,803 | 3,084 | 3,355 |
| 5787 | 15,801 - | 15,900 | 1,390 | 2,218 | 2,522 | 2,812 | 3,093 | 3,365 |
| 5788 | 15,901 - | 16,000 | 1,395 | 2,225 | 2,529 | 2,820 | 3,102 | 3,375 |
| 5789 | 16,001 - | 16,100 | 1,401 | 2,232 | 2,537 | 2,829 | 3,112 | 3,385 |
| 5790 | 16,101 - | 16,200 | 1,407 | 2,239 | 2,545 | 2,837 | 3,121 | 3,396 |
| 5791 | 16,201 - | 16,300 | 1,412 | 2,246 | 2,552 | 2,846 | 3,130 | 3,406 |
| 5792 | 16,301 - | 16,400 | 1,418 | 2,253 | 2,560 | 2,854 | 3,140 | 3,416 |
| 5793 | 16,401 - | 16,500 | 1,423 | 2,260 | 2,567 | 2,863 | 3,149 | 3,426 |
| 5794 | 16,501 - | 16,600 | 1,429 | 2,267 | 2,575 | 2,871 | 3,158 | 3,436 |
| 5795 | 16,601 - | 16,700 | 1,434 | 2,274 | 2,583 | 2,880 | 3,168 | 3,446 |
| 5796 | 16,701 - | 16,800 | 1,440 | 2,281 | 2,590 | 2,888 | 3,177 | 3,457 |
| 5797 | 16,801 - | 16,900 | 1,445 | 2,288 | 2,598 | 2,897 | 3,186 | 3,467 |
| 5798 | 16,901 - | 17,000 | 1,451 | 2,295 | 2,605 | 2,905 | 3,196 | 3,477 |
| 5799 | 17,001 - | 17,100 | 1,456 | 2,302 | 2,613 | 2,914 | 3,205 | 3,487 |
| 5800 | 17,101 - | 17,200 | 1,462 | 2,309 | 2,621 | 2,922 | 3,214 | 3,497 |
| 5801 | 17,201 - | 17,300 | 1,467 | 2,316 | 2,628 | 2,931 | 3,224 | 3,507 |
| 5802 | 17,301 - | 17,400 | 1,473 | 2,323 | 2,636 | 2,939 | 3,233 | 3,517 |
| 5803 | 17,401 - | 17,500 | 1,478 | 2,330 | 2,643 | 2,947 | 3,242 | 3,528 |
| 5804 | 17,501 - | 17,600 | 1,483 | 2,337 | 2,651 | 2,956 | 3,252 | 3,538 |
| 5805 | 17,601 - | 17,700 | 1,489 | 2,344 | 2,659 | 2,964 | 3,261 | 3,548 |
| 5806 | 17,701 - | 17,800 | 1,494 | 2,351 | 2,666 | 2,973 | 3,270 | 3,558 |
| 5807 | 17,801 - | 17,900 | 1,499 | 2,358 | 2,674 | 2,981 | 3,280 | 3,568 |
| 5808 | 17,901 - | 18,000 | 1,505 | 2,365 | 2,682 | 2,990 | 3,289 | 3,578 |
| 5809 | 18,001 - | 18,100 | 1,510 | 2,372 | 2,689 | 2,998 | 3,298 | 3,588 |
| 5810 | 18,101 - | 18,200 | 1,516 | 2,379 | 2,697 | 3,007 | 3,308 | 3,599 |
| 5811 | 18,201 - | 18,300 | 1,520 | 2,386 | 2,704 | 3,015 | 3,317 | 3,609 |
| 5812 | 18,301 - | 18,400 | 1,525 | 2,392 | 2,712 | 3,024 | 3,326 | 3,619 |
| 5813 | 18,401 - | 18,500 | 1,530 | 2,399 | 2,720 | 3,032 | 3,336 | 3,629 |
| 5814 | 18,501 - | 18,600 | 1,535 | 2,406 | 2,727 | 3,041 | 3,345 | 3,639 |
| 5815 | 18,601 - | 18,700 | 1,540 | 2,413 | 2,735 | 3,049 | 3,354 | 3,649 |
| 5816 | 18,701 - | 18,800 | 1,545 | 2,420 | 2,742 | 3,058 | 3,364 | 3,659 |
| 5817 | 18,801 - | 18,900 | 1,550 | 2,427 | 2,750 | 3,066 | 3,373 | 3,670 |
| 5818 | 18,901 - | 19,000 | 1,555 | 2,434 | 2,758 | 3,075 | 3,382 | 3,680 |
| 5819 | 19,001 - | 19,100 | 1,560 | 2,441 | 2,765 | 3,083 | 3,391 | 3,690 |
| 5820 | 19,101 - | 19,200 | 1,565 | 2,448 | 2,773 | 3,092 | 3,401 | 3,700 |
| 5821 | 19,201 - | 19,300 | 1,570 | 2,455 | 2,780 | 3,100 | 3,410 | 3,710 |
| 5822 | 19,301 - | 19,400 | 1,575 | 2,462 | 2,788 | 3,109 | 3,419 | 3,720 |
| 5823 | 19,401 - | 19,500 | 1,580 | 2,469 | 2,796 | 3,117 | 3,429 | 3,731 |
| 5824 | 19,501 - | 19,600 | 1,585 | 2,476 | 2,803 | 3,126 | 3,438 | 3,741 |
| 5825 | 19,601 - | 19,700 | 1,590 | 2,483 | 2,811 | 3,134 | 3,447 | 3,751 |
| 5826 | 19,701 - | 19,800 | 1,595 | 2,490 | 2,818 | 3,143 | 3,457 | 3,761 |
| 5827 | 19,801 - | 19,900 | 1,600 | 2,497 | 2,826 | 3,151 | 3,466 | 3,771 |
| 5828 | 19,901 - | 20,000 | 1,605 | 2,504 | 2,834 | 3,159 | 3,475 | 3,781 |
| 5829 | 20,001 - | 22,000 | 1,766 | 2,754 | 3,117 | 3,475 | 3,822 | 4,159 |
| 5830 | 22,001 - | 24,000 | 1,926 | 3,005 | 3,401 | 3,791 | 4,170 | 4,537 |
| 5831 | 24,001 - | 26,000 | 2,087 | 3,255 | 3,684 | 4,107 | 4,518 | 4,915 |
| 5832 | 26,001 - | 28,000 | 2,247 | 3,506 | 3,968 | 4,423 | 4,865 | 5,293 |
| 5833 | 28,001 - | 30,000 | 2,408 | 3,756 | 4,251 | 4,739 | 5,213 | 5,672 |
| 5834 | 30,001 - | 32,000 | 2,508 | 3,916 | 4,451 | 4,979 | 5,473 | 5,952 |
| 5835 | 32,001 - | 34,000 | 2,608 | 4,076 | 4,651 | 5,219 | 5,733 | 6,232 |
| 5836 | 34,001 - | 36,000 | 2,708 | 4,236 | 4,851 | 5,459 | 5,993 | 6,512 |
| 5837 | 36,001 - | 38,000 | 2,808 | 4,396 | 5,051 | 5,699 | 6,253 | 6,792 |
| 5838 | 38,001 - | 40,000 | 2,908 | 4,556 | 5,251 | 5,939 | 6,513 | 7,072 |
| 5839 | 40,001 - | 42,000 | 3,008 | 4,716 | 5,451 | 6,179 | 6,773 | 7,352 |
| 5840 | 42,001 - | 44,000 | 3,108 | 4,876 | 5,651 | 6,419 | 7,033 | 7,632 |
| 5841 | 44,001 - | 46,000 | 3,208 | 5,036 | 5,851 | 6,659 | 7,293 | 7,912 |
| 5842 | 46,001 - | 48,000 | 3,308 | 5,196 | 6,051 | 6,899 | 7,553 | 8,192 |
| 5843 | 48,001 - | 50,000 | 3,408 | 5,356 | 6,251 | 7,139 | 7,813 | 8,472 |
| 5844 | 50,001 - | 52,000 | 3,508 | 5,476 | 6,391 | 7,299 | 7,993 | 8,672 |
| 5845 | 52,001 - | 54,000 | 3,608 | 5,596 | 6,531 | 7,459 | 8,173 | 8,872 |
| 5846 | 54,001 - | 56,000 | 3,708 | 5,716 | 6,671 | 7,619 | 8,353 | 9,072 |
| 5847 | 56,001 - | 58,000 | 3,808 | 5,836 | 6,811 | 7,779 | 8,533 | 9,272 |
| 5848 | 58,001 - | 60,000 | 3,908 | 5,956 | 6,951 | 7,939 | 8,713 | 9,472 |
| 5849 | 60,001 - | 62,000 | 4,008 | 6,076 | 7,091 | 8,099 | 8,893 | 9,672 |
| 5850 | 62,001 - | 64,000 | 4,108 | 6,196 | 7,231 | 8,259 | 9,073 | 9,872 |
| 5851 | 64,001 - | 66,000 | 4,208 | 6,316 | 7,371 | 8,419 | 9,253 | 10,072 |
| 5852 | 66,001 - | 68,000 | 4,308 | 6,436 | 7,511 | 8,579 | 9,433 | 10,272 |
| 5853 | 68,001 - | 70,000 | 4,408 | 6,556 | 7,651 | 8,739 | 9,613 | 10,472 |
| 5854 | 70,001 - | 72,000 | 4,508 | 6,676 | 7,791 | 8,899 | 9,793 | 10,672 |
| 5855 | 72,001 - | 74,000 | 4,608 | 6,796 | 7,931 | 9,059 | 9,973 | 10,872 |
| 5856 | 74,001 - | 76,000 | 4,708 | 6,916 | 8,071 | 9,219 | 10,153 | 11,072 |
| 5857 | 76,001 - | 78,000 | 4,808 | 7,036 | 8,211 | 9,379 | 10,333 | 11,272 |
| 5858 | 78,001 - | 80,000 | 4,908 | 7,156 | 8,351 | 9,539 | 10,513 | 11,472 |
| 5859 | 80,001 - | 82,000 | 5,008 | 7,276 | 8,491 | 9,699 | 10,693 | 11,672 |
| 5860 | 82,001 - | 84,000 | 5,108 | 7,396 | 8,631 | 9,859 | 10,873 | 11,872 |
| 5861 | 84,001 - | 86,000 | 5,208 | 7,516 | 8,771 | 10,019 | 11,053 | 12,072 |
| 5862 | 86,001 - | 88,000 | 5,308 | 7,636 | 8,911 | 10,179 | 11,233 | 12,272 |
| 5863 | 88,001 - | 90,000 | 5,408 | 7,756 | 9,051 | 10,339 | 11,413 | 12,472 |
| 5864 | 90,001 - | 92,000 | 5,508 | 7,876 | 9,191 | 10,499 | 11,593 | 12,672 |
| 5865 | 92,001 - | 94,000 | 5,608 | 7,996 | 9,331 | 10,659 | 11,773 | 12,872 |
| 5866 | 94,001 - | 96,000 | 5,708 | 8,116 | 9,471 | 10,819 | 11,953 | 13,072 |
| 5867 | 96,001 - | 98,000 | 5,808 | 8,236 | 9,611 | 10,979 | 12,133 | 13,272 |
| 5868 | 98,001 - | 100,000 | 5,908 | 8,356 | 9,751 | 11,139 | 12,313 | 13,472 |
5869 Section 164. Section 81-6-303, which is renumbered from Section 78B-12-302 is
5870 renumbered and amended to read:
5871 [
5872 support orders entered before January 1, 2023.
5873 The table in this section [
5874 (1) establish a child support order entered for the first time on or after January 1, 2008,
5875 but before January 1, 2023;
5876 (2) modify a child support order entered for the first time on or after January 1, 2008,
5877 but before January 1, 2023;
5878 (3) modify a temporary judicial child support order established on or before December
5879 31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
5880 (4) modify a final child support order entered on or before December 31, 2007, if the
5881 modification is made on or after January 1, 2010, but before January 1, 2025.
| 5882 | Number of Children | |||||||
| 5883 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 5884 | From | |||||||
| 5885 | 0 - | 649 | 30 | 30 | 30 | 30 | 30 | 30 |
| 5886 | 650 - | 675 | 30 | 30 | 30 | 30 | 31 | 31 |
| 5887 | 676 - | 700 | 58 | 60 | 60 | 61 | 61 | 62 |
| 5888 | 701 - | 725 | 88 | 88 | 90 | 91 | 92 | 92 |
| 5889 | 726 - | 750 | 117 | 118 | 119 | 120 | 122 | 123 |
| 5890 | 751 - | 775 | 148 | 149 | 151 | 153 | 155 | |
| 5891 | 776 - | 800 | 178 | 179 | 182 | 183 | 186 | |
| 5892 | 801 - | 825 | 207 | 209 | 212 | 214 | 216 | |
| 5893 | 826 - | 850 | 236 | 239 | 242 | 244 | 247 | |
| 5894 | 851 - | 875 | 266 | 269 | 272 | 275 | 278 | |
| 5895 | 876 - | 900 | 299 | 303 | 305 | 309 | ||
| 5896 | 901 - | 925 | 329 | 333 | 337 | 339 | ||
| 5897 | 926 - | 950 | 363 | 366 | 370 | |||
| 5898 | 951 - | 975 | 393 | 398 | 402 | |||
| 5899 | 976 - | 1,000 | 428 | 433 | ||||
| 5900 | 1,001 - | 1,050 | 494 | |||||
5901 Section 165. Section 81-6-304, which is renumbered from Section 78B-12-303 is
5902 renumbered and amended to read:
5903 [
5904 Both parents -- Child support orders entered on or after January 1, 2023.
5905 The following table [
5906 (1) establish a child support order entered for the first time on or after January 1, 2023;
5907 (2) modify a child support order entered for the first time on or after January 1, 2023;
5908 (3) modify a temporary judicial child support order established on or before December
5909 31, 2022, if the new order is entered on or after January 1, 2023; or
5910 (4) modify a final child support order entered on or before December 31, 2022, if the
5911 modification is made on or after January 1, 2025.
| 5912 | Combined Monthly Adjusted Gross Income | Number of Children | ||||||
| 5913 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 5914 | From | To | ||||||
| 5915 | 1,951 - | 2,000 | 366 | |||||
| 5916 | 2,001 - | 2,100 | 385 | |||||
| 5917 | 2,101 - | 2,200 | 399 | |||||
| 5918 | 2,201 - | 2,300 | 410 | 628 | 728 | |||
| 5919 | 2,301 - | 2,400 | 420 | 652 | 756 | 843 | 927 | |
| 5920 | 2,401 - | 2,500 | 431 | 676 | 784 | 874 | 961 | 1,046 |
| 5921 | 2,501 - | 2,600 | 443 | 700 | 811 | 904 | 995 | 1,082 |
| 5922 | 2,601 - | 2,700 | 453 | 723 | 838 | 934 | 1,028 | 1,118 |
| 5923 | 2,701 - | 2,800 | 464 | 747 | 865 | 964 | 1,060 | 1,154 |
| 5924 | 2,801 - | 2,900 | 475 | 770 | 891 | 994 | 1,093 | 1,189 |
| 5925 | 2,901 - | 3,000 | 485 | 794 | 918 | 1,024 | 1,126 | 1,225 |
| 5926 | 3,001 - | 3,100 | 496 | 817 | 945 | 1,054 | 1,159 | 1,261 |
| 5927 | 3,101 - | 3,200 | 508 | 838 | 970 | 1,081 | 1,189 | 1,294 |
| 5928 | 3,201 - | 3,300 | 518 | 859 | 994 | 1,108 | 1,219 | 1,326 |
| 5929 | 3,301 - | 3,400 | 529 | 881 | 1,018 | 1,135 | 1,248 | 1,358 |
| 5930 | 3,401 - | 3,500 | 539 | 902 | 1,042 | 1,162 | 1,278 | 1,391 |
| 5931 | 3,501 - | 3,600 | 548 | 923 | 1,066 | 1,189 | 1,308 | 1,423 |
| 5932 | 3,601 - | 3,700 | 555 | 944 | 1,090 | 1,216 | 1,337 | 1,455 |
| 5933 | 3,701 - | 3,800 | 564 | 965 | 1,115 | 1,243 | 1,367 | 1,487 |
| 5934 | 3,801 - | 3,900 | 573 | 985 | 1,138 | 1,269 | 1,396 | 1,519 |
| 5935 | 3,901 - | 4,000 | 581 | 1,004 | 1,160 | 1,294 | 1,423 | 1,548 |
| 5936 | 4,001 - | 4,100 | 590 | 1,024 | 1,182 | 1,318 | 1,450 | 1,577 |
| 5937 | 4,101 - | 4,200 | 599 | 1,043 | 1,204 | 1,342 | 1,477 | 1,607 |
| 5938 | 4,201 - | 4,300 | 608 | 1,062 | 1,226 | 1,367 | 1,503 | 1,636 |
| 5939 | 4,301 - | 4,400 | 616 | 1,081 | 1,248 | 1,391 | 1,530 | 1,665 |
| 5940 | 4,401 - | 4,500 | 624 | 1,101 | 1,270 | 1,416 | 1,557 | 1,694 |
| 5941 | 4,501 - | 4,600 | 633 | 1,119 | 1,291 | 1,439 | 1,583 | 1,722 |
| 5942 | 4,601 - | 4,700 | 641 | 1,133 | 1,306 | 1,456 | 1,601 | 1,742 |
| 5943 | 4,701 - | 4,800 | 650 | 1,147 | 1,321 | 1,473 | 1,620 | 1,762 |
| 5944 | 4,801 - | 4,900 | 659 | 1,161 | 1,336 | 1,489 | 1,638 | 1,783 |
| 5945 | 4,901 - | 5,000 | 668 | 1,175 | 1,351 | 1,506 | 1,657 | 1,803 |
| 5946 | 5,001 - | 5,100 | 676 | 1,189 | 1,366 | 1,523 | 1,675 | 1,823 |
| 5947 | 5,101 - | 5,200 | 684 | 1,203 | 1,381 | 1,540 | 1,694 | 1,843 |
| 5948 | 5,201 - | 5,300 | 693 | 1,217 | 1,396 | 1,557 | 1,712 | 1,863 |
| 5949 | 5,301 - | 5,400 | 701 | 1,227 | 1,408 | 1,570 | 1,726 | 1,878 |
| 5950 | 5,401 - | 5,500 | 710 | 1,238 | 1,419 | 1,582 | 1,741 | 1,894 |
| 5951 | 5,501 - | 5,600 | 719 | 1,248 | 1,431 | 1,595 | 1,755 | 1,909 |
| 5952 | 5,601 - | 5,700 | 728 | 1,259 | 1,442 | 1,608 | 1,769 | 1,925 |
| 5953 | 5,701 - | 5,800 | 733 | 1,269 | 1,454 | 1,621 | 1,783 | 1,940 |
| 5954 | 5,801 - | 5,900 | 739 | 1,280 | 1,465 | 1,634 | 1,797 | 1,956 |
| 5955 | 5,901 - | 6,000 | 745 | 1,290 | 1,477 | 1,647 | 1,812 | 1,971 |
| 5956 | 6,001 - | 6,100 | 751 | 1,302 | 1,490 | 1,661 | 1,827 | 1,988 |
| 5957 | 6,101 - | 6,200 | 756 | 1,313 | 1,503 | 1,676 | 1,843 | 2,005 |
| 5958 | 6,201 - | 6,300 | 763 | 1,325 | 1,516 | 1,690 | 1,859 | 2,023 |
| 5959 | 6,301 - | 6,400 | 769 | 1,336 | 1,528 | 1,704 | 1,874 | 2,039 |
| 5960 | 6,401 - | 6,500 | 775 | 1,347 | 1,540 | 1,717 | 1,889 | 2,055 |
| 5961 | 6,501 - | 6,600 | 780 | 1,358 | 1,553 | 1,731 | 1,904 | 2,072 |
| 5962 | 6,601 - | 6,700 | 786 | 1,369 | 1,565 | 1,745 | 1,919 | 2,088 |
| 5963 | 6,701 - | 6,800 | 786 | 1,380 | 1,577 | 1,759 | 1,934 | 2,105 |
| 5964 | 6,801 - | 6,900 | 841 | 1,391 | 1,590 | 1,772 | 1,950 | 2,121 |
| 5965 | 6,901 - | 7,000 | 850 | 1,402 | 1,602 | 1,786 | 1,965 | 2,138 |
| 5966 | 7,001 - | 7,100 | 859 | 1,413 | 1,614 | 1,800 | 1,980 | 2,154 |
| 5967 | 7,101 - | 7,200 | 868 | 1,417 | 1,618 | 1,804 | 1,985 | 2,159 |
| 5968 | 7,201 - | 7,300 | 876 | 1,420 | 1,621 | 1,807 | 1,988 | 2,163 |
| 5969 | 7,301 - | 7,400 | 883 | 1,423 | 1,624 | 1,811 | 1,992 | 2,167 |
| 5970 | 7,401 - | 7,500 | 888 | 1,426 | 1,627 | 1,814 | 1,996 | 2,171 |
| 5971 | 7,501 - | 7,600 | 894 | 1,429 | 1,630 | 1,818 | 1,999 | 2,175 |
| 5972 | 7,601 - | 7,700 | 899 | 1,432 | 1,633 | 1,821 | 2,003 | 2,179 |
| 5973 | 7,701 - | 7,800 | 904 | 1,436 | 1,636 | 1,824 | 2,007 | 2,184 |
| 5974 | 7,801 - | 7,900 | 910 | 1,439 | 1,639 | 1,828 | 2,011 | 2,188 |
| 5975 | 7,901 - | 8,000 | 915 | 1,442 | 1,642 | 1,831 | 2,014 | 2,192 |
| 5976 | 8,001 - | 8,100 | 921 | 1,445 | 1,646 | 1,835 | 2,018 | 2,196 |
| 5977 | 8,101 - | 8,200 | 926 | 1,448 | 1,649 | 1,838 | 2,022 | 2,200 |
| 5978 | 8,201 - | 8,300 | 933 | 1,451 | 1,652 | 1,842 | 2,026 | 2,204 |
| 5979 | 8,301 - | 8,400 | 938 | 1,454 | 1,655 | 1,845 | 2,029 | 2,208 |
| 5980 | 8,401 - | 8,500 | 944 | 1,460 | 1,661 | 1,852 | 2,037 | 2,216 |
| 5981 | 8,501 - | 8,600 | 949 | 1,475 | 1,678 | 1,871 | 2,058 | 2,240 |
| 5982 | 8,601 - | 8,700 | 954 | 1,491 | 1,696 | 1,891 | 2,080 | 2,263 |
| 5983 | 8,701 - | 8,800 | 960 | 1,506 | 1,714 | 1,911 | 2,102 | 2,287 |
| 5984 | 8,801 - | 8,900 | 965 | 1,522 | 1,732 | 1,931 | 2,124 | 2,311 |
| 5985 | 8,901 - | 9,000 | 971 | 1,537 | 1,749 | 1,951 | 2,146 | 2,334 |
| 5986 | 9,001 - | 9,100 | 976 | 1,553 | 1,767 | 1,970 | 2,167 | 2,358 |
| 5987 | 9,101 - | 9,200 | 983 | 1,568 | 1,785 | 1,990 | 2,189 | 2,382 |
| 5988 | 9,201 - | 9,300 | 988 | 1,584 | 1,803 | 2,010 | 2,211 | 2,405 |
| 5989 | 9,301 - | 9,400 | 994 | 1,599 | 1,820 | 2,030 | 2,233 | 2,429 |
| 5990 | 9,401 - | 9,500 | 999 | 1,614 | 1,838 | 2,049 | 2,254 | 2,453 |
| 5991 | 9,501 - | 9,600 | 1,004 | 1,630 | 1,856 | 2,069 | 2,276 | 2,477 |
| 5992 | 9,601 - | 9,700 | 1,010 | 1,645 | 1,874 | 2,089 | 2,298 | 2,500 |
| 5993 | 9,701 - | 9,800 | 1,015 | 1,661 | 1,891 | 2,109 | 2,320 | 2,524 |
| 5994 | 9,801 - | 9,900 | 1,021 | 1,673 | 1,905 | 2,124 | 2,336 | 2,542 |
| 5995 | 9,901 - | 10,000 | 1,026 | 1,683 | 1,917 | 2,137 | 2,351 | 2,557 |
| 5996 | 10,001 - | 10,100 | 1,033 | 1,694 | 1,928 | 2,150 | 2,365 | 2,573 |
| 5997 | 10,101 - | 10,200 | 1,039 | 1,704 | 1,940 | 2,163 | 2,379 | 2,589 |
| 5998 | 10,201 - | 10,300 | 1,045 | 1,715 | 1,951 | 2,176 | 2,394 | 2,604 |
| 5999 | 10,301 - | 10,400 | 1,051 | 1,725 | 1,963 | 2,189 | 2,408 | 2,620 |
| 6000 | 10,401 - | 10,500 | 1,058 | 1,736 | 1,975 | 2,202 | 2,422 | 2,635 |
| 6001 | 10,501 - | 10,600 | 1,064 | 1,746 | 1,986 | 2,215 | 2,436 | 2,651 |
| 6002 | 10,601 - | 10,700 | 1,070 | 1,757 | 1,998 | 2,228 | 2,451 | 2,666 |
| 6003 | 10,701 - | 10,800 | 1,077 | 1,767 | 2,010 | 2,241 | 2,465 | 2,682 |
| 6004 | 10,801 - | 10,900 | 1,083 | 1,778 | 2,021 | 2,254 | 2,479 | 2,697 |
| 6005 | 10,901 - | 11,000 | 1,090 | 1,788 | 2,033 | 2,267 | 2,494 | 2,713 |
| 6006 | 11,001 - | 11,100 | 1,096 | 1,799 | 2,045 | 2,280 | 2,508 | 2,729 |
| 6007 | 11,101 - | 11,200 | 1,103 | 1,809 | 2,056 | 2,293 | 2,522 | 2,744 |
| 6008 | 11,201 - | 11,300 | 1,109 | 1,820 | 2,068 | 2,306 | 2,537 | 2,760 |
| 6009 | 11,301 - | 11,400 | 1,116 | 1,830 | 2,080 | 2,319 | 2,551 | 2,775 |
| 6010 | 11,401 - | 11,500 | 1,123 | 1,841 | 2,091 | 2,332 | 2,565 | 2,791 |
| 6011 | 11,501 - | 11,600 | 1,129 | 1,851 | 2,103 | 2,345 | 2,579 | 2,806 |
| 6012 | 11,601 - | 11,700 | 1,136 | 1,862 | 2,115 | 2,358 | 2,594 | 2,822 |
| 6013 | 11,701 - | 11,800 | 1,143 | 1,872 | 2,126 | 2,371 | 2,608 | 2,838 |
| 6014 | 11,801 - | 11,900 | 1,150 | 1,882 | 2,138 | 2,383 | 2,622 | 2,852 |
| 6015 | 11,901 - | 12,000 | 1,157 | 1,892 | 2,148 | 2,395 | 2,635 | 2,867 |
| 6016 | 12,001 - | 12,100 | 1,164 | 1,901 | 2,159 | 2,407 | 2,648 | 2,881 |
| 6017 | 12,101 - | 12,200 | 1,171 | 1,910 | 2,170 | 2,419 | 2,661 | 2,895 |
| 6018 | 12,201 - | 12,300 | 1,178 | 1,919 | 2,180 | 2,431 | 2,674 | 2,910 |
| 6019 | 12,301 - | 12,400 | 1,185 | 1,929 | 2,191 | 2,443 | 2,687 | 2,924 |
| 6020 | 12,401 - | 12,500 | 1,192 | 1,938 | 2,202 | 2,455 | 2,700 | 2,938 |
| 6021 | 12,501 - | 12,600 | 1,199 | 1,947 | 2,212 | 2,467 | 2,714 | 2,952 |
| 6022 | 12,601 - | 12,700 | 1,206 | 1,956 | 2,223 | 2,479 | 2,727 | 2,967 |
| 6023 | 12,701 - | 12,800 | 1,213 | 1,966 | 2,234 | 2,491 | 2,740 | 2,981 |
| 6024 | 12,801 - | 12,900 | 1,220 | 1,975 | 2,245 | 2,503 | 2,753 | 2,995 |
| 6025 | 12,901 - | 13,000 | 1,227 | 1,984 | 2,255 | 2,514 | 2,766 | 3,009 |
| 6026 | 13,001 - | 13,100 | 1,233 | 1,993 | 2,265 | 2,525 | 2,778 | 3,022 |
| 6027 | 13,101 - | 13,200 | 1,239 | 2,001 | 2,275 | 2,536 | 2,790 | 3,035 |
| 6028 | 13,201 - | 13,300 | 1,245 | 2,010 | 2,285 | 2,547 | 2,802 | 3,049 |
| 6029 | 13,301 - | 13,400 | 1,250 | 2,018 | 2,294 | 2,558 | 2,814 | 3,062 |
| 6030 | 13,401 - | 13,500 | 1,256 | 2,027 | 2,304 | 2,569 | 2,826 | 3,075 |
| 6031 | 13,501 - | 13,600 | 1,262 | 2,035 | 2,314 | 2,580 | 2,838 | 3,088 |
| 6032 | 13,601 - | 13,700 | 1,267 | 2,044 | 2,324 | 2,591 | 2,850 | 3,101 |
| 6033 | 13,701 - | 13,800 | 1,273 | 2,052 | 2,334 | 2,602 | 2,862 | 3,114 |
| 6034 | 13,801 - | 13,900 | 1,279 | 2,061 | 2,344 | 2,613 | 2,875 | 3,127 |
| 6035 | 13,901 - | 14,000 | 1,284 | 2,069 | 2,354 | 2,624 | 2,887 | 3,141 |
| 6036 | 14,001 - | 14,100 | 1,290 | 2,078 | 2,363 | 2,635 | 2,899 | 3,154 |
| 6037 | 14,101 - | 14,200 | 1,296 | 2,087 | 2,373 | 2,646 | 2,911 | 3,167 |
| 6038 | 14,201 - | 14,300 | 1,301 | 2,095 | 2,383 | 2,657 | 2,923 | 3,180 |
| 6039 | 14,301 - | 14,400 | 1,306 | 2,104 | 2,393 | 2,668 | 2,935 | 3,193 |
| 6040 | 14,401 - | 14,500 | 1,312 | 2,112 | 2,403 | 2,679 | 2,947 | 3,206 |
| 6041 | 14,501 - | 14,600 | 1,317 | 2,121 | 2,413 | 2,690 | 2,959 | 3,220 |
| 6042 | 14,601 - | 14,700 | 1,323 | 2,129 | 2,423 | 2,701 | 2,971 | 3,233 |
| 6043 | 14,701 - | 14,800 | 1,329 | 2,138 | 2,432 | 2,712 | 2,983 | 3,246 |
| 6044 | 14,801 - | 14,900 | 1,334 | 2,146 | 2,442 | 2,723 | 2,995 | 3,259 |
| 6045 | 14,901 - | 15,000 | 1,340 | 2,155 | 2,452 | 2,734 | 3,008 | 3,272 |
| 6046 | 15,001 - | 15,100 | 1,345 | 2,163 | 2,461 | 2,744 | 3,018 | 3,284 |
| 6047 | 15,101 - | 15,200 | 1,351 | 2,170 | 2,469 | 2,752 | 3,028 | 3,294 |
| 6048 | 15,201 - | 15,300 | 1,357 | 2,177 | 2,476 | 2,761 | 3,037 | 3,304 |
| 6049 | 15,301 - | 15,400 | 1,362 | 2,184 | 2,484 | 2,769 | 3,046 | 3,314 |
| 6050 | 15,401 - | 15,500 | 1,368 | 2,191 | 2,491 | 2,778 | 3,056 | 3,325 |
| 6051 | 15,501 - | 15,600 | 1,373 | 2,198 | 2,499 | 2,786 | 3,065 | 3,335 |
| 6052 | 15,601 - | 15,700 | 1,379 | 2,205 | 2,507 | 2,795 | 3,074 | 3,345 |
| 6053 | 15,701 - | 15,800 | 1,384 | 2,211 | 2,514 | 2,803 | 3,084 | 3,355 |
| 6054 | 15,801 - | 15,900 | 1,390 | 2,218 | 2,522 | 2,812 | 3,093 | 3,365 |
| 6055 | 15,901 - | 16,000 | 1,395 | 2,225 | 2,529 | 2,820 | 3,102 | 3,375 |
| 6056 | 16,001 - | 16,100 | 1,401 | 2,232 | 2,537 | 2,829 | 3,112 | 3,385 |
| 6057 | 16,101 - | 16,200 | 1,407 | 2,239 | 2,545 | 2,837 | 3,121 | 3,396 |
| 6058 | 16,201 - | 16,300 | 1,412 | 2,246 | 2,552 | 2,846 | 3,130 | 3,406 |
| 6059 | 16,301 - | 16,400 | 1,418 | 2,253 | 2,560 | 2,854 | 3,140 | 3,416 |
| 6060 | 16,401 - | 16,500 | 1,423 | 2,260 | 2,567 | 2,863 | 3,149 | 3,426 |
| 6061 | 16,501 - | 16,600 | 1,429 | 2,267 | 2,575 | 2,871 | 3,158 | 3,436 |
| 6062 | 16,601 - | 16,700 | 1,434 | 2,274 | 2,583 | 2,880 | 3,168 | 3,446 |
| 6063 | 16,701 - | 16,800 | 1,440 | 2,281 | 2,590 | 2,888 | 3,177 | 3,457 |
| 6064 | 16,801 - | 16,900 | 1,445 | 2,288 | 2,598 | 2,897 | 3,186 | 3,467 |
| 6065 | 16,901 - | 17,000 | 1,451 | 2,295 | 2,605 | 2,905 | 3,196 | 3,477 |
| 6066 | 17,001 - | 17,100 | 1,456 | 2,302 | 2,613 | 2,914 | 3,205 | 3,487 |
| 6067 | 17,101 - | 17,200 | 1,462 | 2,309 | 2,621 | 2,922 | 3,214 | 3,497 |
| 6068 | 17,201 - | 17,300 | 1,467 | 2,316 | 2,628 | 2,931 | 3,224 | 3,507 |
| 6069 | 17,301 - | 17,400 | 1,473 | 2,323 | 2,636 | 2,939 | 3,233 | 3,517 |
| 6070 | 17,401 - | 17,500 | 1,478 | 2,330 | 2,643 | 2,947 | 3,242 | 3,528 |
| 6071 | 17,501 - | 17,600 | 1,483 | 2,337 | 2,651 | 2,956 | 3,252 | 3,538 |
| 6072 | 17,601 - | 17,700 | 1,489 | 2,344 | 2,659 | 2,964 | 3,261 | 3,548 |
| 6073 | 17,701 - | 17,800 | 1,494 | 2,351 | 2,666 | 2,973 | 3,270 | 3,558 |
| 6074 | 17,801 - | 17,900 | 1,499 | 2,358 | 2,674 | 2,981 | 3,280 | 3,568 |
| 6075 | 17,901 - | 18,000 | 1,505 | 2,365 | 2,682 | 2,990 | 3,289 | 3,578 |
| 6076 | 18,001 - | 18,100 | 1,510 | 2,372 | 2,689 | 2,998 | 3,298 | 3,588 |
| 6077 | 18,101 - | 18,200 | 1,516 | 2,379 | 2,697 | 3,007 | 3,308 | 3,599 |
| 6078 | 18,201 - | 18,300 | 1,520 | 2,386 | 2,704 | 3,015 | 3,317 | 3,609 |
| 6079 | 18,301 - | 18,400 | 1,525 | 2,392 | 2,712 | 3,024 | 3,326 | 3,619 |
| 6080 | 18,401 - | 18,500 | 1,530 | 2,399 | 2,720 | 3,032 | 3,336 | 3,629 |
| 6081 | 18,501 - | 18,600 | 1,535 | 2,406 | 2,727 | 3,041 | 3,345 | 3,639 |
| 6082 | 18,601 - | 18,700 | 1,540 | 2,413 | 2,735 | 3,049 | 3,354 | 3,649 |
| 6083 | 18,701 - | 18,800 | 1,545 | 2,420 | 2,742 | 3,058 | 3,364 | 3,659 |
| 6084 | 18,801 - | 18,900 | 1,550 | 2,427 | 2,750 | 3,066 | 3,373 | 3,670 |
| 6085 | 18,901 - | 19,000 | 1,555 | 2,434 | 2,758 | 3,075 | 3,382 | 3,680 |
| 6086 | 19,001 - | 19,100 | 1,560 | 2,441 | 2,765 | 3,083 | 3,391 | 3,690 |
| 6087 | 19,101 - | 19,200 | 1,565 | 2,448 | 2,773 | 3,092 | 3,401 | 3,700 |
| 6088 | 19,201 - | 19,300 | 1,570 | 2,455 | 2,780 | 3,100 | 3,410 | 3,710 |
| 6089 | 19,301 - | 19,400 | 1,575 | 2,462 | 2,788 | 3,109 | 3,419 | 3,720 |
| 6090 | 19,401 - | 19,500 | 1,580 | 2,469 | 2,796 | 3,117 | 3,429 | 3,731 |
| 6091 | 19,501 - | 19,600 | 1,585 | 2,476 | 2,803 | 3,126 | 3,438 | 3,741 |
| 6092 | 19,601 - | 19,700 | 1,590 | 2,483 | 2,811 | 3,134 | 3,447 | 3,751 |
| 6093 | 19,701 - | 19,800 | 1,595 | 2,490 | 2,818 | 3,143 | 3,457 | 3,761 |
| 6094 | 19,801 - | 19,900 | 1,600 | 2,497 | 2,826 | 3,151 | 3,466 | 3,771 |
| 6095 | 19,901 - | 20,000 | 1,605 | 2,504 | 2,834 | 3,159 | 3,475 | 3,781 |
| 6096 | 20,001 - | 22,000 | 1,766 | 2,754 | 3,117 | 3,475 | 3,822 | 4,159 |
| 6097 | 22,001 - | 24,000 | 1,926 | 3,005 | 3,401 | 3,791 | 4,170 | 4,537 |
| 6098 | 24,001 - | 26,000 | 2,087 | 3,255 | 3,684 | 4,107 | 4,518 | 4,915 |
| 6099 | 26,001 - | 28,000 | 2,247 | 3,506 | 3,968 | 4,423 | 4,865 | 5,293 |
| 6100 | 28,001 - | 30,000 | 2,408 | 3,756 | 4,251 | 4,739 | 5,213 | 5,672 |
| 6101 | 30,001 - | 32,000 | 2,508 | 3,916 | 4,451 | 4,979 | 5,473 | 5,952 |
| 6102 | 32,001 - | 34,000 | 2,608 | 4,076 | 4,651 | 5,219 | 5,733 | 6,232 |
| 6103 | 34,001 - | 36,000 | 2,708 | 4,236 | 4,851 | 5,459 | 5,993 | 6,512 |
| 6104 | 36,001 - | 38,000 | 2,808 | 4,396 | 5,051 | 5,699 | 6,253 | 6,792 |
| 6105 | 38,001 - | 40,000 | 2,908 | 4,556 | 5,251 | 5,939 | 6,513 | 7,072 |
| 6106 | 40,001 - | 42,000 | 3,008 | 4,716 | 5,451 | 6,179 | 6,773 | 7,352 |
| 6107 | 42,001 - | 44,000 | 3,108 | 4,876 | 5,651 | 6,419 | 7,033 | 7,632 |
| 6108 | 44,001 - | 46,000 | 3,208 | 5,036 | 5,851 | 6,659 | 7,293 | 7,912 |
| 6109 | 46,001 - | 48,000 | 3,308 | 5,196 | 6,051 | 6,899 | 7,553 | 8,192 |
| 6110 | 48,001 - | 50,000 | 3,408 | 5,356 | 6,251 | 7,139 | 7,813 | 8,472 |
| 6111 | 50,001 - | 52,000 | 3,508 | 5,476 | 6,391 | 7,299 | 7,993 | 8,672 |
| 6112 | 52,001 - | 54,000 | 3,608 | 5,596 | 6,531 | 7,459 | 8,173 | 8,872 |
| 6113 | 54,001 - | 56,000 | 3,708 | 5,716 | 6,671 | 7,619 | 8,353 | 9,072 |
| 6114 | 56,001 - | 58,000 | 3,808 | 5,836 | 6,811 | 7,779 | 8,533 | 9,272 |
| 6115 | 58,001 - | 60,000 | 3,908 | 5,956 | 6,951 | 7,939 | 8,713 | 9,472 |
| 6116 | 60,001 - | 62,000 | 4,008 | 6,076 | 7,091 | 8,099 | 8,893 | 9,672 |
| 6117 | 62,001 - | 64,000 | 4,108 | 6,196 | 7,231 | 8,259 | 9,073 | 9,872 |
| 6118 | 64,001 - | 66,000 | 4,208 | 6,316 | 7,371 | 8,419 | 9,253 | 10,072 |
| 6119 | 66,001 - | 68,000 | 4,308 | 6,436 | 7,511 | 8,579 | 9,433 | 10,272 |
| 6120 | 68,001 - | 70,000 | 4,408 | 6,556 | 7,651 | 8,739 | 9,613 | 10,472 |
| 6121 | 70,001 - | 72,000 | 4,508 | 6,676 | 7,791 | 8,899 | 9,793 | 10,672 |
| 6122 | 72,001 - | 74,000 | 4,608 | 6,796 | 7,931 | 9,059 | 9,973 | 10,872 |
| 6123 | 74,001 - | 76,000 | 4,708 | 6,916 | 8,071 | 9,219 | 10,153 | 11,072 |
| 6124 | 76,001 - | 78,000 | 4,808 | 7,036 | 8,211 | 9,379 | 10,333 | 11,272 |
| 6125 | 78,001 - | 80,000 | 4,908 | 7,156 | 8,351 | 9,539 | 10,513 | 11,472 |
| 6126 | 80,001 - | 82,000 | 5,008 | 7,276 | 8,491 | 9,699 | 10,693 | 11,672 |
| 6127 | 82,001 - | 84,000 | 5,108 | 7,396 | 8,631 | 9,859 | 10,873 | 11,872 |
| 6128 | 84,001 - | 86,000 | 5,208 | 7,516 | 8,771 | 10,019 | 11,053 | 12,072 |
| 6129 | 86,001 - | 88,000 | 5,308 | 7,636 | 8,911 | 10,179 | 11,233 | 12,272 |
| 6130 | 88,001 - | 90,000 | 5,408 | 7,756 | 9,051 | 10,339 | 11,413 | 12,472 |
| 6131 | 90,001 - | 92,000 | 5,508 | 7,876 | 9,191 | 10,499 | 11,593 | 12,672 |
| 6132 | 92,001 - | 94,000 | 5,608 | 7,996 | 9,331 | 10,659 | 11,773 | 12,872 |
| 6133 | 94,001 - | 96,000 | 5,708 | 8,116 | 9,471 | 10,819 | 11,953 | 13,072 |
| 6134 | 96,001 - | 98,000 | 5,808 | 8,236 | 9,611 | 10,979 | 12,133 | 13,272 |
| 6135 | 98,001 - | 100,000 | 5,908 | 8,356 | 9,751 | 11,139 | 12,313 | 13,472 |
6136 Section 166. Section 81-6-305, which is renumbered from Section 78B-12-304 is
6137 renumbered and amended to read:
6138 [
6139 support orders entered on or after January 1, 2023.
6140 The following table [
6141 (1) establish a child support order entered for the first time on or after January 1, 2023;
6142 (2) modify a child support order entered for the first time on or after January 1, 2023;
6143 (3) modify a temporary judicial child support order established on or before December
6144 31, 2022, if the new order is entered on or after January 1, 2023; or
6145 (4) modify a final child support order entered on or before December 31, 2022, if the
6146 modification is made on or after January 1, 2025.
| 6147 | Individual Monthly Adjusted Gross Income | Number of Children | ||||||
| 6148 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 6149 | From | To | ||||||
| 6150 | 0 - | 50 | 30 | 30 | 30 | 30 | 30 | 30 |
| 6151 | 51 - | 100 | 30 | 40 | 50 | 50 | 50 | 50 |
| 6152 | 101 - | 150 | 30 | 50 | 75 | 75 | 75 | 75 |
| 6153 | 151 - | 750 | 30 | 55 | 75 | 90 | 100 | 105 |
| 6154 | 751 - | 1,256 | 60 | 111 | 151 | 181 | 201 | 211 |
| 6155 | 1,257 - | 1,270 | 75 | 138 | 189 | 226 | 251 | 264 |
| 6156 | 1,271 - | 1,280 | 76 | 140 | 191 | 229 | 254 | 267 |
| 6157 | 1,281 - | 1,290 | 77 | 141 | 192 | 231 | 256 | 269 |
| 6158 | 1,291 - | 1,300 | 77 | 142 | 194 | 232 | 258 | 271 |
| 6159 | 1,301 - | 1,310 | 78 | 143 | 195 | 234 | 260 | 273 |
| 6160 | 1,311 - | 1,320 | 79 | 144 | 197 | 236 | 262 | 275 |
| 6161 | 1,321 - | 1,330 | 79 | 145 | 198 | 238 | 264 | 277 |
| 6162 | 1,331 - | 1,340 | 80 | 146 | 200 | 240 | 266 | 280 |
| 6163 | 1,341 - | 1,350 | 80 | 148 | 201 | 241 | 268 | 282 |
| 6164 | 1,351 - | 1,360 | 95 | 162 | 216 | 257 | 284 | 297 |
| 6165 | 1,361 - | 1,370 | 95 | 163 | 218 | 259 | 286 | 299 |
| 6166 | 1,371 - | 1,380 | 96 | 165 | 219 | 260 | 288 | 302 |
| 6167 | 1,381 - | 1,390 | 97 | 166 | 221 | 262 | 290 | 304 |
| 6168 | 1,391 - | 1,400 | 97 | 167 | 223 | 264 | 292 | 306 |
| 6169 | 1,401 - | 1,410 | 98 | 168 | 224 | 266 | 294 | 308 |
| 6170 | 1,411 - | 1,420 | 113 | 183 | 240 | 282 | 310 | 325 |
| 6171 | 1,421 - | 1,430 | 114 | 185 | 242 | 284 | 313 | 327 |
| 6172 | 1,431 - | 1,440 | 114 | 186 | 243 | 286 | 315 | 329 |
| 6173 | 1,441 - | 1,450 | 115 | 187 | 245 | 288 | 317 | 331 |
| 6174 | 1,451 - | 1,460 | 116 | 189 | 247 | 290 | 319 | 334 |
| 6175 | 1,461 - | 1,470 | 131 | 205 | 263 | 307 | 336 | 351 |
| 6176 | 1,471 - | 1,480 | 132 | 206 | 265 | 309 | 338 | 353 |
| 6177 | 1,481 - | 1,490 | 133 | 207 | 267 | 311 | 341 | 355 |
| 6178 | 1,491 - | 1,500 | 134 | 209 | 268 | 313 | 343 | 358 |
| 6179 | 1,501 - | 1,510 | 135 | 210 | 270 | 315 | 345 | 360 |
| 6180 | 1,511 - | 1,520 | 151 | 227 | 287 | 332 | 363 | 378 |
| 6181 | 1,521 - | 1,530 | 152 | 228 | 289 | 335 | 365 | 380 |
| 6182 | 1,531 - | 1,540 | 153 | 230 | 291 | 337 | 367 | 383 |
| 6183 | 1,541 - | 1,550 | 154 | 231 | 293 | 339 | 370 | 385 |
| 6184 | 1,551 - | 1,560 | 155 | 233 | 295 | 341 | 372 | 388 |
| 6185 | 1,561 - | 1,570 | 172 | 250 | 312 | 359 | 390 | 406 |
| 6186 | 1,571 - | 1,580 | 173 | 251 | 314 | 361 | 393 | 408 |
| 6187 | 1,581 - | 1,590 | 174 | 253 | 316 | 364 | 395 | 411 |
| 6188 | 1,591 - | 1,600 | 175 | 255 | 318 | 366 | 398 | 414 |
| 6189 | 1,601 - | 1,610 | 176 | 256 | 320 | 368 | 400 | 416 |
| 6190 | 1,611 - | 1,620 | 193 | 274 | 338 | 387 | 419 | 435 |
| 6191 | 1,621 - | 1,630 | 195 | 276 | 340 | 389 | 421 | 438 |
| 6192 | 1,631 - | 1,640 | 196 | 277 | 343 | 391 | 424 | 440 |
| 6193 | 1,641 - | 1,650 | 197 | 279 | 345 | 394 | 427 | 443 |
| 6194 | 1,651 - | 1,660 | 198 | 281 | 347 | 396 | 429 | 446 |
| 6195 | 1,661 - | 1,670 | 216 | 299 | 365 | 415 | 448 | 465 |
| 6196 | 1,671 - | 1,680 | 217 | 301 | 368 | 418 | 451 | 468 |
| 6197 | 1,681 - | 1,690 | 219 | 303 | 370 | 420 | 454 | 471 |
| 6198 | 1,691 - | 1,700 | 220 | 304 | 372 | 423 | 457 | 473 |
| 6199 | 1,701 - | 1,710 | 221 | 306 | 374 | 425 | 459 | 476 |
| 6200 | 1,711 - | 1,720 | 240 | 325 | 394 | 445 | 479 | 496 |
| 6201 | 1,721 - | 1,730 | 241 | 327 | 396 | 447 | 482 | 499 |
| 6202 | 1,731 - | 1,740 | 242 | 329 | 398 | 450 | 485 | 502 |
| 6203 | 1,741 - | 1,750 | 244 | 331 | 400 | 453 | 487 | 505 |
| 6204 | 1,751 - | 1,760 | 245 | 333 | 403 | 455 | 490 | 508 |
| 6205 | 1,761 - | 1,770 | 264 | 352 | 423 | 475 | 511 | 528 |
| 6206 | 1,771 - | 1,780 | 266 | 354 | 425 | 478 | 514 | 531 |
| 6207 | 1,781 - | 1,790 | 267 | 356 | 427 | 481 | 516 | 534 |
| 6208 | 1,791 - | 1,800 | 269 | 358 | 430 | 484 | 519 | 537 |
| 6209 | 1,801 - | 1,810 | 270 | 360 | 432 | 486 | 522 | 540 |
| 6210 | 1,811 - | 1,820 | 290 | 380 | 453 | 507 | 543 | 561 |
| 6211 | 1,821 - | 1,830 | 291 | 382 | 455 | 510 | 546 | 565 |
| 6212 | 1,831 - | 1,840 | 293 | 385 | 458 | 513 | 549 | 568 |
| 6213 | 1,841 - | 1,850 | 295 | 387 | 460 | 515 | 552 | 571 |
| 6214 | 1,851 - | 1,860 | 296 | 389 | 463 | 518 | 555 | 574 |
| 6215 | 1,861 - | 1,870 | 316 | 409 | 484 | 540 | 577 | 596 |
| 6216 | 1,871 - | 1,880 | 318 | 412 | 486 | 543 | 580 | 599 |
| 6217 | 1,881 - | 1,890 | 320 | 414 | 489 | 545 | 583 | 602 |
| 6218 | 1,891 - | 1,900 | 321 | 416 | 492 | 548 | 586 | 605 |
| 6219 | 1,901 - | 1,910 | 323 | 418 | 494 | 551 | 589 | 608 |
| 6220 | 1,911 - | 1,920 | 344 | 440 | 516 | 573 | 612 | 631 |
| 6221 | 1,921 - | 1,930 | 346 | 442 | 519 | 576 | 615 | 634 |
| 6222 | 1,931 - | 1,940 | 348 | 444 | 521 | 579 | 618 | 637 |
| 6223 | 1,941 - | 1,950 | 349 | 446 | 524 | 582 | 621 | 641 |
| 6224 | 1,951 - | 1,960 | 351 | 449 | 527 | 585 | 624 | 644 |
| 6225 | 1,961 - | 1,970 | 471 | 549 | 608 | 647 | 667 | |
| 6226 | 1,971 - | 1,980 | 473 | 552 | 611 | 650 | 670 | |
| 6227 | 1,981 - | 1,990 | 475 | 555 | 614 | 654 | 674 | |
| 6228 | 1,991 - | 2,000 | 478 | 557 | 617 | 657 | 677 | |
| 6229 | 2,001 - | 2,050 | 480 | 560 | 620 | 660 | 680 | |
| 6230 | 2,051 - | 2,100 | 513 | 595 | 656 | 697 | 718 | |
| 6231 | 2,101 - | 2,150 | 546 | 630 | 693 | 735 | 756 | |
| 6232 | 2,151 - | 2,200 | 581 | 667 | 731 | 774 | 796 | |
| 6233 | 2,201 - | 2,250 | 616 | 704 | 770 | 814 | 836 | |
| 6234 | 2,251 - | 2,300 | 810 | 855 | 878 | |||
| 6235 | 2,301 - | 2,350 | 897 | 920 | ||||
| 6236 | 2,351 - | 2,400 | 964 | |||||
| 6237 | 2,401 - | 2,450 | 1,008 | |||||
6238 Section 167. Section 81-6-401 is enacted to read:
6239
6240 81-6-401. Definitions for part.
6241 As used in this part, "advisory committee" means the Child Support Guidelines
6242 Advisory Committee.
6243 Section 168. Section 81-6-402, which is renumbered from Section 78B-12-401 is
6244 renumbered and amended to read:
6245 [
6246 (1) (a) There is created the advisory committee known as the "Child Support
6247 Guidelines Advisory Committee."
6248 [
6249
6250 [
6251 follows:
6252 (i) one representative recommended by the Office of Recovery Services;
6253 (ii) one representative recommended by the Judicial Council;
6254 (iii) two representatives recommended by the Utah State Bar Association;
6255 (iv) two representatives of noncustodial parents;
6256 (v) two representatives of custodial parents;
6257 (vi) one representative with expertise in economics; and
6258 (vii) two representatives from diverse interests related to child support issues and who
6259 are not members of the Utah State Bar Association, as the governor may consider appropriate.
6260 (2) (a) The term of a member of the advisory committee is four years.
6261 (b) When a vacancy occurs in the membership for any reason, the governor shall
6262 appoint a replacement for the unexpired term of the member.
6263 (c) The governor may appoint a member of the advisory committee to more than one
6264 term.
6265 (3) (a) Six members of the advisory committee constitute a quorum.
6266 (b) The vote of a majority of a quorum present is an action of the advisory committee.
6267 (4) The advisory committee shall elect two members to serve as cochairs of the
6268 advisory committee for a term of one year.
6269 (5) The advisory committee shall meet at the time and place designated by the cochairs.
6270 Section 169. Section 81-6-403, which is renumbered from Section 78B-12-402 is
6271 renumbered and amended to read:
6272 [
6273 (1) The advisory committee shall review the child support guidelines to ensure the
6274 application of the guidelines results in the determination of appropriate child support award
6275 amounts.
6276 (2) The advisory committee shall submit, in accordance with Section 68-3-14, a written
6277 report to the [
6278 on or before October 1 of every fourth year subsequently.
6279 (3) The advisory committee's report shall include recommendations of the majority of
6280 the advisory committee, as well as specific recommendations of individual members of the
6281 advisory committee.
6282 (4) Staff for the advisory committee shall be provided from the existing budget of the
6283 Department of Health and Human Services.
6284 Section 170. Section 81-6-404, which is renumbered from Section 78B-12-403 is
6285 renumbered and amended to read:
6286 [
6287 A member may not receive compensation or benefits for the member's service, but may
6288 receive per diem and travel expenses in accordance with:
6289 (1) Section 63A-3-106;
6290 (2) Section 63A-3-107; and
6291 (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6292 63A-3-107.
6293 Section 171. Section 81-7-101 is enacted to read:
6294
6295
6296 81-7-101. Definitions for chapter.
6297 As used in this chapter:
6298 (1) "Alimony" means the same as that term is defined in Section 81-4-101.
6299 (2) "Child support" means the same as that term is defined in Section 81-6-101.
6300 (3) "Child support services" means the same as that term is defined in Section
6301 26B-9-101.
6302 (4) "Obligee" means the same as that term is defined in Section 81-6-101.
6303 (5) "Obligor" means the same as that term is defined in Section 81-6-101.
6304 (6) "Support order" means the same as that term is defined in Section 81-6-101.
6305 (7) "Tribunal" means the same as that term is defined in Section 81-6-101.
6306 Section 172. Section 81-7-102, which is renumbered from Section 78B-12-112 is
6307 renumbered and amended to read:
6308 [
6309 Judgment.
6310 (1) All monthly payments of child support [
6311 day of each month [
6312
6313
6314 and Administration of Child Support.
6315 (2) For purposes of child support services and income withholding [
6316 described in Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9,
6317 Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the
6318 1st day of the following month.
6319 (3) For purposes other than those specified in Subsection (1), [
6320 support is payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month,
6321 unless the order or decree provides for a different time for payment.
6322 [
6323 alimony under any support order[
6324 [
6325 (a) a judgment with the same attributes and effect of any judgment of a district court,
6326 except as provided in Subsection [
6327 (b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction;
6328 and
6329 (c) not subject to retroactive modification by this or any other jurisdiction, except as
6330 provided in Subsection [
6331 [
6332 support order may be modified with respect to any period during which a modification is
6333 pending, but only from the date of service of the pleading on:
6334 (i) the obligee[
6335 (ii) the obligor[
6336 (b) If the tribunal orders that the support order should be modified, the effective date of
6337 the modification shall be the month following service on the [
6338 affected.
6339 (c) Once the tribunal determines that a modification is appropriate, the tribunal shall
6340 order a judgment to be entered for any difference in the original order and the modified amount
6341 for the period from the service of the pleading until the final order of modification is entered.
6342 [
6343 enforceable as a lien against the real property interest of any third party relying on the public
6344 record, shall be docketed in the district court in accordance with Sections 78B-5-202 and
6345 26B-9-214.
6346 Section 173. Section 81-7-103, which is renumbered from Section 30-3-3.5 is
6347 renumbered and amended to read:
6348 [
6349 (1) As used in this section:
6350 (a) "Debtor" means a person obligated or allegedly obligated to pay a domestic
6351 relations debt.
6352 (b) "Domestic relations debt" means an obligation or alleged obligation to pay past due
6353 child support or alimony.
6354 (2) (a) A court shall order the amounts described in Subsection (2)(b) be paid, if:
6355 (i) the court issues a judgment requiring the payment of a domestic relations debt by
6356 the debtor;
6357 (ii) imposing a collection fee on the debtor or in relation to the domestic relations debt
6358 is not prohibited or otherwise restricted by another federal or state law; and
6359 (iii) the person owed the domestic relations debt has a contingency arrangement with
6360 an attorney to collect the domestic relations debt.
6361 (b) If the conditions of Subsection (2)(a) are met, a court shall order payment of:
6362 (i) the principal amount due;
6363 (ii) applicable interest;
6364 (iii) a collection fee equal to the amount provided in the contingency agreement, except
6365 that the collection fee may not exceed the lesser of:
6366 (A) the actual amount the person owed the domestic relations debt is required to pay
6367 for collection costs, regardless of whether that amount is a specific dollar amount or a
6368 percentage of the principal amount owed for the domestic relations debt; or
6369 (B) 40% of the principal amount owed to the person for the domestic relations debt;
6370 (iv) reasonable attorney fees; and
6371 (v) costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i).
6372 (3) The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred
6373 at the time the person owed a domestic relations debt enters into an agreement with an attorney
6374 to collect the domestic relations debt.
6375 (4) An obligation to pay a collection fee imposed under this section is in addition to
6376 any obligation to pay reasonable attorney fees that may exist.
6377 (5) The Office of Recovery Services may not collect an order issued pursuant to
6378 Subsection (2).
6379 Section 174. Section 81-8-101 is enacted to read:
6380
6381 81-8-101. Reserved.
6382 Reserved.
6383 Section 175. Section 81-9-101, which is renumbered from Section 30-3-10.1 is
6384 renumbered and amended to read:
6385
6386
6387 [
6388 As used in this chapter:
6389 (1) (a) "Custodial responsibility" includes all powers and duties relating to caretaking
6390 authority and decision-making authority for a minor child.
6391 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time,
6392 right to access, visitation, and authority to grant limited contact with a minor child.
6393 (2) "Domestic violence" means the same as that term is defined in Section 77-36-1.
6394 [
6395 [
6396
6397 [
6398
6399 [
6400
6401 [
6402
6403
6404 [
6405
6406 [
6407 [
6408
6409 [
6410
6411 [
6412 [
6413
6414 (3) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers
6415 of a parent by both parents, where specified.
6416 (4) "Joint physical custody" means the minor child stays with each parent overnight for
6417 more than 30% of the year and both parents contribute to the expenses of the minor child in
6418 addition to paying child support.
6419 (5) (a) "Parenting functions" means those aspects of the parent-child relationship in
6420 which the parent makes decisions and performs functions necessary for the care and growth of
6421 the minor child.
6422 (b) "Parenting functions" include:
6423 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor
6424 child;
6425 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical
6426 care, grooming, supervision, health care, day care, and engaging in other activities which are
6427 appropriate to the developmental level of the minor child and that are within the social and
6428 economic circumstances of the particular family;
6429 (iii) attending to adequate education for the minor child, including remedial or other
6430 education essential to the best interest of the minor child;
6431 (iv) assisting the minor child in developing and maintaining appropriate interpersonal
6432 relationships;
6433 (v) exercising appropriate judgment regarding the minor child's welfare, consistent
6434 with the minor child's developmental level and family social and economic circumstances; and
6435 (vi) providing for the financial support of the minor child.
6436 (6) (a) "Parenting plan" means a plan for parenting a minor child.
6437 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated
6438 in any final decree or decree of modification including an action for dissolution of marriage,
6439 annulment, legal separation, or paternity.
6440 [
6441 (8) "Supervised parent-time" means parent-time that requires the noncustodial parent to
6442 be accompanied during parent-time by an individual approved by the court.
6443 (9) "Surrogate care" means care by any individual other than the parent of the minor
6444 child.
6445 [
6446 (a) active and reserve components of the United States Armed Forces;
6447 (b) the United States Merchant Marine;
6448 (c) the commissioned corps of the United States Public Health Service;
6449 (d) the commissioned corps of the National Oceanic and Atmospheric Administration
6450 of the United States; or
6451 (e) the National Guard of a state.
6452 (11) "Uninterrupted time" means parent-time exercised by one parent without
6453 interruption at any time by the presence of the other parent.
6454 (12) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
6455 email, instant messaging, video conferencing, and other wired or wireless technologies over the
6456 Internet or other communication media, to supplement in-person visits between a noncustodial
6457 parent and a minor child or between a minor child and the custodial parent when the minor
6458 child is staying with the noncustodial parent.
6459 Section 176. Section 81-9-102, which is renumbered from Section 30-3-38 is
6460 renumbered and amended to read:
6461 [
6462 [
6463
6464 [
6465 (a) "Mediator" means a person who:
6466 (i) is qualified to mediate parent-time disputes under criteria established by the
6467 Administrative Office of the Courts; and
6468 (ii) agrees to follow billing guidelines established by the Administrative Office of the
6469 Courts and this section.
6470 (b) "Services to facilitate parent-time" or "services" means services designed to assist
6471 families in resolving parent-time problems through:
6472 (i) counseling;
6473 (ii) supervised parent-time;
6474 (iii) neutral drop-off and pick-up;
6475 (iv) educational classes; and
6476 (v) other related activities.
6477 (2) The Administrative Office of the Courts shall administer an Expedited Parent-time
6478 Enforcement Program in the third judicial district.
6479 (3) (a) If a parent files a motion in the third district court alleging that court-ordered
6480 parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
6481 shall refer the case to the administrator of this program for assignment to a mediator, unless a
6482 parent is incarcerated or otherwise unavailable.
6483 (b) Unless the court rules otherwise, a parent residing outside of the state is not
6484 unavailable.
6485 (c) The director of the program for the courts, the court, or the mediator may excuse
6486 either party from the requirement to mediate for good cause.
6487 [
6488 (i) meet with the parents to address parent-time issues within 15 days of the motion
6489 being filed;
6490 (ii) assess the situation;
6491 (iii) facilitate an agreement on parent-time between the parents; and
6492 (iv) determine whether a referral to a service provider under Subsection [
6493 is warranted.
6494 [
6495 provider designated by the Department of Health and Human Services for services to facilitate
6496 parent-time if:
6497 (i) the services may be of significant benefit to the parents; or
6498 (ii) (A) a mediated agreement between the parents is unlikely; and
6499 (B) the services may facilitate an agreement.
6500 [
6501 transfer the case to the administrator of the program for referral to the [
6502
6503 (i) a written agreement between the parents is reached; or
6504 (ii) the parents are unable to reach an agreement through mediation and:
6505 (A) the parents have received services to facilitate parent-time;
6506 (B) both parents object to receiving services to facilitate parent-time; or
6507 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
6508 [
6509
6510 (i) review the agreement of the parents and, if acceptable, sign it as an order;
6511 (ii) order the parents to receive services to facilitate parent-time;
6512 (iii) proceed with the case; or
6513 (iv) take other appropriate action.
6514 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
6515 minor child who is the subject of a parent-time order against the other parent or a member of
6516 the other parent's household to a mediator or service provider, the mediator or service provider
6517 shall immediately report that information to:
6518 (i) the [
6519 orders and take other appropriate action to resolve the allegation and protect the minor child;
6520 and
6521 (ii) the Division of Child and Family Services within the Department of Health and
6522 Human Services in the manner required by Title 80, Chapter 2, Part 6, Child Abuse and
6523 Neglect Reports.
6524 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
6525 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
6526 order of the court, be supervised until:
6527 (i) the allegation has been resolved; or
6528 (ii) a court orders otherwise.
6529 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
6530 mediate parent-time problems and a service provider may continue to provide services to
6531 facilitate parent-time unless otherwise ordered by a court.
6532 (5) (a) The Department of Health and Human Services may contract with one or more
6533 entities in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to provide:
6534 (i) services to facilitate parent-time;
6535 (ii) case management services; and
6536 (iii) administrative services.
6537 (b) An entity who contracts with the Department of Health and Human Services under
6538 Subsection (5)(a) shall:
6539 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
6540 (ii) agree to follow billing guidelines established by the Department of Health and
6541 Human Services and this section.
6542 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
6543 (i) reduced to a sum certain;
6544 (ii) divided equally between the parents; and
6545 (iii) charged against each parent taking into account the ability of that parent to pay
6546 under billing guidelines adopted in accordance with this section.
6547 (b) A [
6548 in Subsection (6)(a) if the parent:
6549 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
6550 or
6551 (ii) made an unfounded assertion or claim of physical or sexual abuse of a minor child.
6552 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
6553 parents at periodic intervals.
6554 (ii) Mediation and services to facilitate parent-time may only be terminated on the
6555 ground of nonpayment if both parents are delinquent.
6556 (7) (a) The Judicial Council may make rules to implement and administer the
6557 provisions of this program related to mediation.
6558 (b) The Department of Health and Human Services may make rules to implement and
6559 administer the provisions of this program related to services to facilitate parent-time.
6560 (8) (a) (i) The Administrative Office of the Courts shall adopt outcome measures to
6561 evaluate the effectiveness of the mediation component of this program.
6562 (ii) [
6563 provide progress reports to the Judiciary Interim Committee as requested by the committee.
6564 (b) (i) The Department of Health and Human Services shall adopt outcome measures to
6565 evaluate the effectiveness of the services component of this program.
6566 (ii) [
6567 Services shall provide progress reports to the Judiciary Interim Committee as requested by the
6568 committee.
6569 (c) The Administrative Office of the Courts and the Department of Health and Human
6570 Services may adopt joint outcome measures and file joint reports to satisfy the requirements of
6571 Subsections [
6572 (9) The Department of Health and Human Services shall, by following the procedures
6573 and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, apply for federal
6574 funds as available.
6575 Section 177. Section 81-9-201 is enacted to read:
6576
6577 81-9-201. Definitions for part.
6578 Reserved.
6579 Section 178. Section 81-9-202, which is renumbered from Section 30-3-33 is
6580 renumbered and amended to read:
6581 [
6582 arrangement.
6583 (1) In addition to the parent-time schedules provided in Sections [
6584
6585 [
6586 [
6587 parents [
6588 [
6589 stability of the minor child's life.
6590 [
6591 special consideration to make the minor child available to attend family functions including
6592 funerals, weddings, family reunions, religious holidays, important ceremonies, and other
6593 significant events in the life of the minor child or in the life of either parent which may
6594 inadvertently conflict with the parent-time schedule.
6595 [
6596 return of the [
6597 entered[
6598 (b) The court may change the responsibility described in Subsection (5)(a) at any time
6599 a subsequent modification is made to the parent-time order.
6600 [
6601 shall:
6602 (i) have the minor child ready for parent-time at the time the minor child is to be
6603 picked up [
6604 (ii) be present at the custodial home or [
6605 to receive the minor child at the time the minor child is returned.
6606 [
6607 parent shall:
6608 (i) be at the appointed place at the time the noncustodial parent is to receive the minor
6609 child[
6610 (ii) have the minor child ready to be picked up at the appointed time and place[
6611 have made reasonable alternate arrangements for the custodial parent to pick up the minor
6612 child.
6613 [
6614
6615 [
6616 (a) make alterations in the parent-time schedule to reasonably accommodate the work
6617 schedule of both parents [
6618 (b) increase the parent-time allowed to the noncustodial parent but may not diminish
6619 the standardized parent-time provided in Sections [
6620 81-9-304.
6621 [
6622 accommodate the distance between the parties and the expense of exercising parent-time.
6623 [
6624 parent may not withhold parent-time or child support due to the other parent's failure to comply
6625 with a court-ordered parent-time schedule.
6626 [
6627 of receiving notice of all significant school, social, sports, and community functions in which
6628 the minor child is participating or being honored[
6629 (b) The noncustodial parent [
6630 functions described in Subsection (10)(a).
6631 [
6632 including preschool and daycare reports and medical records [
6633
6634 (d) A parent shall immediately notify the other parent in the event of a medical
6635 emergency.
6636 [
6637 telephone number, email address, and other virtual parent-time access information within 24
6638 hours of any change.
6639 [
6640 reasonable and uncensored communications with the minor child, in the form of mail privileges
6641 and virtual parent-time if the equipment is reasonably available[
6642 (b) If the parents cannot agree on whether the equipment is reasonably available, the
6643 court shall decide whether the equipment for virtual parent-time is reasonably available[
6644 taking into consideration:
6645 [
6646 [
6647 and
6648 [
6649 [
6650 than surrogate care [
6651 (b) The court shall encourage the parties to cooperate in allowing the noncustodial
6652 parent, if willing and able to transport the [
6653 (c) Child care arrangements existing during the marriage are preferred as are child care
6654 arrangements with nominal or no charge.
6655 [
6656 (a) provide all surrogate care providers with the name, current address, and telephone
6657 number of the other parent [
6658 (b) provide the noncustodial parent with the name, current address, and telephone
6659 number of all surrogate care providers unless the court for good cause orders otherwise.
6660 [
6661 holidays celebrated by the parents[
6662 (b) The parent who celebrates a religious holiday that the other parent does not
6663 celebrate shall have the right to be together with the minor child on the religious holiday.
6664 [
6665 based on Sections [
6666 if an upward deviation for parent-time with all the minor children so that parent-time is
6667 uniform between school aged and nonschool aged children, is appropriate.
6668 [
6669 a uniformed service, the parents should resolve issues of custodial responsibility in the event of
6670 deployment as soon as practicable through reaching a voluntary agreement pursuant to Section
6671 78B-20-201 or through court order obtained pursuant to [
6672 (b) Servicemembers shall ensure their family care plan reflects orders and agreements
6673 entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents Custody,
6674 Parent-time, and Visitation Act.
6675 (18) (a) For emergency purposes, whenever the minor child travels with a parent, the
6676 parent shall provide the following information to the other parent:
6677 (i) an itinerary of travel dates;
6678 (ii) destinations;
6679 (iii) places where the minor child or traveling parent can be reached; and
6680 (iv) the name and telephone number of an available third person who would be
6681 knowledgeable of the minor child's location.
6682 (b) Unchaperoned travel of a minor child under the age of five years is not
6683 recommended.
6684 Section 179. Section 81-9-203, which is renumbered from Section 30-3-10.9 is
6685 renumbered and amended to read:
6686 [
6687 parenting plan.
6688 (1) In a custody or parent-time proceeding that is not a divorce action, the court may
6689 require the parents to attend the mandatory educational course described in Section 81-4-106.
6690 (2) (a) In a proceeding between parents regarding the custody or parent-time for a
6691 minor child, the parent shall file and serve a proposed parenting plan at the time of the filing of
6692 the parent's original petition or at the time of filing the parent's answer or counterclaim.
6693 (b) In a proceeding in which a parent seeks to modify custody provisions or a parenting
6694 plan, the parent shall file the proposed parenting plan with the petition to modify or the answer
6695 or counterclaim to the petition to modify.
6696 (c) A parent who desires joint legal custody shall file a proposed parenting plan in
6697 accordance with this section.
6698 (3) If a parent files a proposed parenting plan in compliance with this section, the
6699 parent may move the court for an order of default to adopt the plan if the other parent fails to
6700 file a proposed parenting plan as required by this section.
6701 (4) A parent may file and serve an amended proposed parenting plan according to the
6702 Utah Rules of Civil Procedure.
6703 (5) The parent submitting a proposed parenting plan shall attach a verified statement
6704 that the plan is proposed by that parent in good faith.
6705 (6) (a) Both parents may submit a parenting plan which has been agreed upon.
6706 (b) The parents shall attach a verified statement to the parenting plan that is signed by
6707 both parents.
6708 (7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad
6709 litem to represent the best interests of the minor child, who may, if necessary, file a separate
6710 parenting plan reflecting the best interests of the minor child.
6711 (8) (a) If a parent is a service member, the parenting plan shall be consistent with
6712 Subsection (16).
6713 (b) If a parent becomes a service member after a parenting plan is adopted, the parents
6714 shall amend the existing parenting plan as soon as practical to comply with Subsection (16).
6715 [
6716 (a) provide for the minor child's physical care;
6717 (b) maintain the minor child's emotional stability;
6718 (c) provide for the minor child's changing needs as the minor child grows and matures
6719 in a way that minimizes the need for future modifications to the parenting plan;
6720 (d) set forth the authority and responsibilities of each parent with respect to the minor
6721 child consistent with the definitions outlined in this chapter;
6722 (e) minimize the minor child's exposure to harmful parental conflict;
6723 (f) encourage the parents, where appropriate, to meet the responsibilities to their
6724 [
6725 judicial intervention; and
6726 (g) protect the best interests of the minor child.
6727 [
6728 (i) provisions for resolution of future disputes between the parents, allocation of
6729 decision-making authority, and residential provisions for the minor child[
6730 (ii) provisions addressing notice and parent-time responsibilities in the event of the
6731 relocation of [
6732
6733 (iii) a process for resolving disputes, unless precluded or limited by statute.
6734 [
6735
6736 (b) A dispute resolution process under Subsection (10)(a)(iii) may include:
6737 [
6738 [
6739 [
6740 [
6741 [
6742 [
6743 implementation of the plan, except those related to financial support, unless an emergency
6744 exists;
6745 [
6746 mediation and provided to each party;
6747 [
6748 copy of the arbitration award shall be provided to each party;
6749 [
6750 process without good reason, the court may award attorney fees and financial sanctions to the
6751 prevailing parent;
6752 [
6753 and
6754 [
6755 decree or order.
6756 [
6757 plan shall allocate decision-making authority to one or both parties regarding the minor child's
6758 education, healthcare, and religious upbringing.
6759 (b) The parties may incorporate an agreement related to the care and growth of the
6760 minor child in these specified areas or in other areas into the plan[
6761 consistent with parenting functions and the criteria outlined in Subsection [
6762
6763 (c) Regardless of the allocation of decision-making in the parenting plan, [
6764 parent may make emergency decisions affecting the health or safety of the minor child.
6765 [
6766 (i) the home residence for purposes of identifying the appropriate school or another
6767 specific plan that provides for where the minor child will attend school;
6768 (ii) which parent has authority to make education decisions for the minor child if the
6769 parents cannot agree; and
6770 (iii) whether one or both parents have access to the minor child during school and
6771 authority to check the minor child out of school.
6772 [
6773 provision is not included in the parenting plan:
6774 (i) a parent with sole physical custody shall make the decisions listed in Subsection
6775 [
6776 (ii) in the event of joint physical custody when one parent has custody a majority of the
6777 time[
6778 (A) the parent having the minor child the majority of the time shall make the decisions
6779 listed in Subsections [
6780 (B) both parents with joint physical custody shall have access to the minor child during
6781 school and authority to check the child out of school; or
6782 (iii) in the event of joint physical custody when the parents have custody an equal
6783 amount of time:
6784 (A) the court shall determine how the decisions listed in Subsections [
6785 (11)(d)(i) and (ii) are made; and
6786 (B) both parents with joint physical custody shall have access to the minor child during
6787 school and authority to check the minor child out of school.
6788 [
6789 the minor child while the minor child is residing with that parent.
6790 [
6791 parties shall make a good faith effort to resolve the issue through the dispute resolution
6792 process.
6793 [
6794 which parent's home [
6795 provisions for holidays, birthdays of family members, vacations, and other special occasions.
6796 [
6797 support order, the other parent's obligations under the parenting plan or the child support order
6798 are not affected.
6799 (b) Failure to comply with a provision of the parenting plan or a child support order
6800 may result in a finding of contempt of court.
6801 [
6802 member, the parenting plan shall contain provisions that address the foreseeable parenting and
6803 custodial issues likely to arise in the event of notification of deployment or other contingency,
6804 including long-term deployments, short-term deployments, death, incapacity, and
6805 noncombatant evacuation operations.
6806 (b) The provisions in the parenting plan described in Subsection [
6807 comport substantially with the requirements of an agreement made pursuant to Section
6808 78B-20-201.
6809 Section 180. Section 81-9-204, which is renumbered from Section 30-3-10 is
6810 renumbered and amended to read:
6811 [
6812 factors -- Evidence of domestic violence in a custody case -- Preferences.
6813 [
6814
6815
6816 (1) In a proceeding between parents in which the custody and parent-time of a minor
6817 child is at issue, the court shall consider the best interests of the minor child in determining any
6818 form of custody and parent-time.
6819 (2) The court shall determine whether an order for custody or parent-time is in the best
6820 interests of the minor child by a preponderance of the evidence.
6821 [
6822
6823
6824 shall consider the following factors for each parent:
6825 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
6826 abuse, involving the minor child, the parent, or a household member of the parent;
6827 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
6828 the developmental needs of the minor child, including the minor child's:
6829 (i) physical needs;
6830 (ii) emotional needs;
6831 (iii) educational needs;
6832 (iv) medical needs; and
6833 (v) any special needs;
6834 (c) the parent's capacity and willingness to function as a parent, including:
6835 (i) parenting skills;
6836 (ii) co-parenting skills, including:
6837 (A) ability to appropriately communicate with the other parent;
6838 (B) ability to encourage the sharing of love and affection; and
6839 (C) willingness to allow frequent and continuous contact between the minor child and
6840 the other parent, except that, if the court determines that the parent is acting to protect the
6841 minor child from domestic violence, neglect, or abuse, the parent's protective actions may be
6842 taken into consideration; and
6843 (iii) ability to provide personal care rather than surrogate care;
6844 (d) [
6845 character of the parent as described in Subsection (8);
6846 (e) the emotional stability of the parent;
6847 (f) the parent's inability to function as a parent because of drug abuse, excessive
6848 drinking, or other causes;
6849 (g) whether the parent has intentionally exposed the minor child to pornography or
6850 [
6851 to minors, as those terms are defined in Section 76-10-1201;
6852 (h) the parent's reasons for having relinquished custody or parent-time in the past;
6853 (i) duration and depth of desire for custody or parent-time;
6854 (j) the parent's religious compatibility with the minor child;
6855 (k) the parent's financial responsibility;
6856 (l) the minor child's interaction and relationship with step-parents, extended family
6857 members of other individuals who may significantly affect the minor child's best interests;
6858 (m) who has been the primary caretaker of the minor child;
6859 (n) previous parenting arrangements in which the minor child has been happy and
6860 well-adjusted in the home, school, and community;
6861 (o) the relative benefit of keeping siblings together;
6862 (p) the stated wishes and concerns of the minor child, taking into consideration the
6863 minor child's cognitive ability and emotional maturity;
6864 (q) the relative strength of the minor child's bond with the parent, meaning the depth,
6865 quality, and nature of the relationship between the parent and the minor child; and
6866 (r) any other factor the court finds relevant.
6867 [
6868
6869 [
6870
6871 [
6872
6873 [
6874
6875 [
6876
6877 [
6878
6879 [
6880
6881 [
6882 of fact determines that extenuating circumstances exist that would necessitate the testimony of
6883 the minor child be heard and there is no other reasonable method to present the minor child's
6884 testimony.
6885 (b) (i) The court may inquire [
6886 child's desires regarding future custody or parent-time schedules, but the expressed desires are
6887 not controlling and the court may determine the minor child's custody or parent-time otherwise.
6888 (ii) The desires of a minor child who is 14 years old or older shall be given added
6889 weight, but is not the single controlling factor.
6890 (c) (i) If an interview with a minor child is conducted by the court pursuant to
6891 Subsection [
6892 (ii) The prior consent of the parties may be obtained but is not necessary if the court
6893 finds that an interview with a minor child is the only method to ascertain the minor child's
6894 desires regarding custody.
6895 [
6896 discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding
6897 custody or determining whether a substantial change has occurred for the purpose of modifying
6898 an award of custody.
6899 (b) The court may not consider the disability of a parent as a factor in awarding custody
6900 or modifying an award of custody based on a determination of a substantial change in
6901 circumstances, unless the court makes specific findings that:
6902 (i) the disability significantly or substantially inhibits the parent's ability to provide for
6903 the physical and emotional needs of the minor child at issue; and
6904 (ii) the parent with a disability lacks sufficient human, monetary, or other resources
6905 available to supplement the parent's ability to provide for the physical and emotional needs of
6906 the minor child at issue.
6907 (c) Nothing in this section may be construed to apply to adoption proceedings under
6908 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
6909 [
6910 (a) a preference for either parent solely because of the gender of the parent[
6911 [
6912 for or against joint physical custody or sole physical custody, but allows the court and the
6913 family the widest discretion to choose a parenting plan that is in the best interest of the minor
6914 child.
6915 [
6916 of a deployment of [
6917 member and the service member has not yet been notified of deployment, the court shall
6918 resolve the issue based on the standards in Sections 78B-20-306 through 78B-20-309.
6919 [
6920 party under Subsection [
6921 not:
6922 (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
6923 dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
6924 accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies,
6925 Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection
6926 58-37-3.7(2) or (3) any differently than the court would consider or treat the lawful possession
6927 or use of any prescribed controlled substance; or
6928 (b) discriminate against a parent because of the parent's status as a:
6929 (i) cannabis production establishment agent, as that term is defined in Section
6930 4-41a-102;
6931 (ii) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
6932 (iii) medical cannabis courier agent, as that term is defined in Section 26B-4-201; or
6933 (iv) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
6934 Cannabinoid Research and Medical Cannabis.
6935 (9) (a) The court shall consider evidence of domestic violence if evidence of domestic
6936 violence is presented.
6937 (b) The court shall consider, as primary, the safety and well-being of the minor child
6938 and the parent who experiences domestic violence.
6939 (c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 6, Cohabitant
6940 Abuse Protective Orders, shall be considered evidence of real harm or substantiated potential
6941 harm to the minor child.
6942 (d) If a parent relocates because of an act of domestic violence or family violence by
6943 the other parent, the court shall make specific findings and orders with regards to the
6944 application of Section 81-9-209.
6945 (10) Absent a showing by a preponderance of evidence of real harm or substantiated
6946 potential harm to the minor child:
6947 (a) it is in the best interest of the minor child to have frequent, meaningful, and
6948 continuing access to each parent following separation or divorce;
6949 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing
6950 access with the parent's minor child consistent with the minor child's best interests; and
6951 (c) it is in the best interest of the minor child to have both parents actively involved in
6952 parenting the minor child.
6953 Section 181. Section 81-9-205, which is renumbered from Section 30-3-10.2 is
6954 renumbered and amended to read:
6955 [
6956 -- Order for joint custody.
6957 [
6958
6959
6960
6961 [
6962
6963
6964 (1) The court may order joint legal custody or joint physical custody or both joint legal
6965 custody and joint physical custody if:
6966 (a) one or both parents have filed a parenting plan as described in Section 81-9-203;
6967 and
6968 (b) the court determines that, by a preponderance of the evidence, joint legal custody or
6969 joint physical custody or both joint legal custody and joint physical custody is in the best
6970 interest of the minor child in accordance with Subsection (5) and Section 81-9-204.
6971 (2) (a) There is a rebuttable presumption that joint legal custody is in the best interest
6972 of the minor child, except in cases when there is:
6973 (i) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
6974 abuse involving the minor child, a parent, or a household member of the parent;
6975 (ii) special physical or mental needs of a parent or minor child, making joint legal
6976 custody unreasonable;
6977 (iii) physical distance between the residences of the parents, making joint decision
6978 making impractical in certain circumstances; or
6979 (iv) any other factor the court considers relevant, including the factors described in
6980 Subsection (5) and Section 81-9-204.
6981 (b) A presumption for joint legal custody may be rebutted by showing by a
6982 preponderance of the evidence that it is not in the best interest of the minor child.
6983 (3) (a) Joint legal custody does not affect the physical custody of the minor child
6984 except as specified in the order of joint legal custody.
6985 (b) Joint legal custody is not based on awarding equal or nearly equal periods of
6986 physical custody of and access to the minor child to each of the parents because the best
6987 interest of the minor child often requires that a primary physical residence for the minor child
6988 be designated.
6989 (c) In ordering joint legal custody, the court:
6990 (i) may include an award of exclusive authority by the court to one parent to make
6991 specific decisions regarding the minor child; and
6992 (ii) is not prohibited from specifying one parent as the primary caretaker and one home
6993 as the primary residence of the minor child.
6994 (4) (a) Joint physical custody may result in equal or nearly equal periods of physical
6995 custody of and access to the minor child by each of the parents to meet the best interest of the
6996 minor child.
6997 (b) Joint physical custody may require that a physical residence for the minor child be
6998 designated.
6999 (c) In ordering joint physical custody, the court is not prohibited from specifying one
7000 parent as the primary caretaker and one home as the primary residence of the minor child.
7001 (5) In addition to the factors described in Section 81-9-204, the court shall consider the
7002 following factors in determining whether joint legal custody, joint physical custody, or both
7003 joint legal custody and joint physical custody, is in the best interest of the minor child:
7004 (a) whether the physical, psychological, and emotional needs and development of the
7005 minor child will benefit from joint legal custody or joint physical custody or both joint legal
7006 custody and joint physical custody;
7007 (b) the ability of the parents to give first priority to the welfare of the minor child and
7008 reach shared decisions in the minor child's best interest;
7009 (c) co-parenting skills, including:
7010 (i) ability to appropriately communicate with the other parent;
7011 (ii) ability to encourage the sharing of love and affection; and
7012 (iii) willingness to allow frequent and continuous contact between the minor child and
7013 the other parent, except that, if the court determines that the parent is acting to protect the
7014 minor child from domestic violence, neglect, or abuse, the parent's protective actions may be
7015 taken into consideration; [
7016 (d) whether both parents participated in raising the minor child before the divorce;
7017 (e) the geographical proximity of the homes of the parents;
7018 (f) the preference of the minor child if the minor child is of sufficient age and capacity
7019 to reason so as to form an intelligent preference as to joint legal custody or joint physical
7020 custody or both joint legal custody and joint physical custody;
7021 (g) the maturity of the parents and their willingness and ability to protect the minor
7022 child from conflict that may arise between the parents;
7023 (h) the past and present ability of the parents to cooperate with each other and make
7024 decisions jointly; and
7025 (i) any other factor the court finds relevant.
7026 [
7027
7028 [
7029 may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment
7030 Support Act.
7031 (7) An order of joint legal custody or joint physical custody shall provide terms the
7032 court determines appropriate, which may include specifying:
7033 (a) the county of residence of the minor child, until altered by further order of the court,
7034 or the custodian who has the sole legal right to determine the residence of the minor child;
7035 (b) that the parents shall exchange information concerning the health, education, and
7036 welfare of the minor child, and where possible, confer before making decisions concerning any
7037 of these areas;
7038 (c) the rights and duties of each parent regarding the minor child's present and future
7039 physical care, support, and education;
7040 (d) provisions to minimize disruption of the minor child's attendance at school and
7041 other activities, the minor child's daily routine, and the minor child's association with friends;
7042 and
7043 (e) as necessary, the remaining parental rights, privileges, duties, and powers to be
7044 exercised by the parents solely, concurrently, or jointly.
7045 (8) An order of joint legal custody or joint physical custody shall require the parenting
7046 plan contain a dispute resolution procedure that the parties agree to use:
7047 (a) in accordance with Subsection 81-9-203(10); and
7048 (b) before seeking enforcement or modification of the terms and conditions of the order
7049 of joint legal custody or joint physical custody through litigation, except in emergency
7050 situations requiring ex parte orders to protect the minor child.
7051 (9) The court shall, where possible, include in the order the terms of the parenting plan
7052 provided in accordance with Section 81-9-203.
7053 (10) Any parental rights not specifically addressed by the court order may be exercised
7054 by the parent having physical custody of the minor child the majority of the time.
7055 (11) The appointment of joint legal or physical custodians does not impair or limit the
7056 authority of the court to order support of the minor child, including payments by one custodian
7057 to the other.
7058 (12) An order of joint legal custody, in itself, is not grounds for modifying a support
7059 order.
7060 [
7061 disputes by a dispute resolution method before seeking enforcement or modification of the
7062 terms and conditions of the order of joint legal custody or joint physical custody through
7063 litigation, except in emergency situations requiring ex parte orders to protect the minor child.
7064 Section 182. Section 81-9-206, which is renumbered from Section 30-3-34 is
7065 renumbered and amended to read:
7066 [
7067 factors.
7068 (1) If the parties are unable to agree on a parent-time schedule, the court may:
7069 (a) establish a parent-time schedule; or
7070 (b) order a parent-time schedule described in [
7071
7072 (2) [
7073
7074 presumption that the advisory guidelines described in Section 81-9-202 and the parent-time
7075 schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which
7076 the noncustodial parent and the minor child [
7077 (3) A court may consider the following when ordering a parent-time schedule:
7078 (a) whether parent-time would endanger the minor child's physical health or mental
7079 health, or significantly impair the minor child's emotional development;
7080 (b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
7081 abuse, involving the minor child, a parent, or a household member of the parent as described
7082 Subsection (4) and Section 81-9-204;
7083 (c) the distance between the residency of the minor child and the noncustodial parent;
7084 (d) a credible allegation of child abuse has been made;
7085 (e) the lack of demonstrated parenting skills without safeguards to ensure the minor
7086 child's well-being during parent-time;
7087 (f) the financial inability of the noncustodial parent to provide adequate food and
7088 shelter for the minor child during periods of parent-time;
7089 (g) the preference of the minor child if the court determines the minor child is of
7090 sufficient maturity;
7091 (h) the incarceration of the noncustodial parent in a county jail, secure youth
7092 corrections facility, or an adult corrections facility;
7093 (i) shared interests between the minor child and the noncustodial parent;
7094 (j) the involvement or lack of involvement of the noncustodial parent in the school,
7095 community, religious, or other related activities of the minor child;
7096 (k) the availability of the noncustodial parent to care for the minor child when the
7097 custodial parent is unavailable to do so because of work or other circumstances;
7098 (l) a substantial and chronic pattern of missing, canceling, or denying regularly
7099 scheduled parent-time;
7100 (m) the minimal duration of and lack of significant bonding in the parents' relationship
7101 before the conception of the minor child;
7102 (n) the parent-time schedule of siblings;
7103 (o) the lack of reasonable alternatives to the needs of a nursing minor child; and
7104 (p) any other criteria the court determines relevant to the best interests of the minor
7105 child.
7106 (4) The court shall enter the reasons underlying the court's order for parent-time that:
7107 (a) incorporates a parent-time schedule [
7108 described in Section 81-9-302 or 81-9-304; or
7109 (b) provides more or less parent-time than a parent-time schedule [
7110
7111 (5) A court may not order a parent-time schedule unless the court determines by a
7112 preponderance of the evidence that the parent-time schedule is in the best interest of the minor
7113 child.
7114 (6) Once the parent-time schedule has been established, the parties may not alter the
7115 parent-time schedule except by mutual consent of the parties or a court order.
7116 (7) (a) If the court orders parent-time and a protective order or stalking injunction is
7117 still in place, the court shall consider whether to order the parents to conduct parent-time
7118 pick-up and transfer through a third party.
7119 (b) The parent who is the stated victim in the protective order or stalking injunction
7120 may submit to the court, and the court shall consider, the name of a person considered suitable
7121 to act as the third party.
7122 (c) If the court orders the parents to conduct parent-time through a third party, the
7123 parenting plan shall specify the time, day, place, manner, and the third party to be used to
7124 implement the exchange.
7125 (8) If there is a protective order, stalking injunction, or the court finds that a parent has
7126 committed domestic violence, the court shall:
7127 (a) consider the impact of domestic violence in awarding parent-time; and
7128 (b) make specific findings regarding the award of parent-time.
7129 (9) Upon a specific finding by the court of the need for peace officer enforcement, the
7130 court may include a provision in an order for parent-time that authorizes a peace officer to
7131 enforce the order for parent-time.
7132 (10) When parent-time has not taken place for an extended period of time and the
7133 minor child lacks an appropriate bond with the noncustodial parent, both parents shall consider
7134 the possible adverse effects upon the minor child and gradually reintroduce an appropriate
7135 parent-time plan for the noncustodial parent.
7136 Section 183. Section 81-9-207, which is renumbered from Section 30-3-34.5 is
7137 renumbered and amended to read:
7138 [
7139 [
7140
7141
7142
7143
7144
7145
7146 (1) If it is necessary to protect a minor child and there is no less restrictive means
7147 reasonably available, a court may order supervised parent-time if the court finds evidence that
7148 the minor child would be subject to physical or emotional harm or child abuse, as described in
7149 Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114, from the noncustodial parent if left
7150 unsupervised with the noncustodial parent.
7151 (2) (a) A court that orders supervised parent-time shall give preference to persons
7152 suggested by the parties to supervise, including relatives.
7153 (b) If the court finds that the persons suggested by the parties are willing to supervise,
7154 and are capable of protecting the [
7155 child abuse, the court shall authorize the persons to supervise parent-time.
7156 [
7157 [
7158 services of a professional individual or agency to exercise their supervised parent-time.
7159 [
7160 (a) whether the cost of professional or agency services is likely to prevent the
7161 noncustodial parent from exercising parent-time; and
7162 (b) whether the requirement for supervised parent-time should expire after a set period
7163 of time.
7164 [
7165 goals and expectations for the noncustodial parent to accomplish before unsupervised
7166 parent-time may be granted.
7167 (b) The court shall schedule one or more follow-up hearings to revisit the issue of
7168 supervised parent-time.
7169 [
7170 for supervised parent-time if the noncustodial parent can demonstrate that the specific goals
7171 and expectations set by the court [
7172 accomplished.
7173 Section 184. Section 81-9-208, which is renumbered from Section 30-3-10.4 is
7174 renumbered and amended to read:
7175 [
7176 order -- Noncompliance with a parent-time order.
7177 (1) The court has continuing jurisdiction to make subsequent changes to modify:
7178 (a) custody of a minor child if there is a showing of a substantial and material change
7179 in circumstances since the entry of the order; and
7180 (b) parent-time for a minor child if there is a showing that there is a change in
7181 circumstances since the entry of the order.
7182 [
7183 custodians if they are not the parents, the court may, after a hearing, modify or terminate an
7184 order that established joint legal custody or joint physical custody if:
7185 (a) the verified petition or accompanying affidavit initially alleges that admissible
7186 evidence will show that there has been a substantial and material change in the circumstances
7187 of the minor child or one or both parents or joint legal or physical custodians [
7188
7189 (b) a modification of the terms and conditions of the order would be an improvement
7190 for and in the best interest of the minor child; and
7191 (c) (i) both parents have complied in good faith with the dispute resolution procedure
7192 in accordance with Subsection [
7193 (ii) if no dispute resolution procedure is contained in the order that established joint
7194 legal custody or joint physical custody, the court orders the parents to participate in a dispute
7195 resolution procedure in accordance with Subsection [
7196 parents certify that, in good faith, they have used a dispute resolution procedure to resolve their
7197 dispute.
7198 [
7199 either modifying or terminating the joint legal custody or joint physical custody order, the court
7200 shall, in addition to other factors the court considers relevant, consider the factors [
7201
7202 (b) A court order modifying or terminating an existing joint legal custody or joint
7203 physical custody order shall contain written findings that:
7204 (i) a [
7205 occurred; and
7206 (ii) a modification of the terms and conditions of the order would be an improvement
7207 for and in the best interest of the minor child.
7208 (c) The court shall give substantial weight to the existing joint legal custody or joint
7209 physical custody order when the minor child is thriving, happy, and well-adjusted.
7210 [
7211 legal custody or joint physical custody order, consider reasonable alternatives to preserve the
7212 existing order in accordance with [
7213 (5) The court may modify the terms and conditions of the existing order in accordance
7214 with [
7215 accordance with [
7216 [
7217 joint physical custody or both, or any other type of shared parenting arrangement, shall file and
7218 serve a proposed parenting plan with the petition to modify in accordance with Section
7219 [
7220 [
7221
7222
7223 [
7224 deployment of one or both parents who are service members, and the service member has not
7225 yet been notified of deployment, the court shall resolve the issue based on the standards in
7226 Sections 78B-20-306 through 78B-20-309.
7227 (8) If the court finds that an action to modify custody or parent-time is filed or
7228 answered frivolously and, in a manner, designed to harass the other party, the court shall assess
7229 attorney fees as costs against the offending party.
7230 (9) If a petition to modify custody or parent-time provisions of a court order is made
7231 and denied, the court shall order the petitioner to pay the reasonable attorney fees expended by
7232 the prevailing party in that action if the court determines that the petition was without merit and
7233 not asserted or defended against in good faith.
7234 (10) If a motion or petition alleges noncompliance with a parent-time order by a parent,
7235 or a visitation order by a grandparent or other member of the immediate family where a
7236 visitation or parent-time right has been previously granted by the court, the court:
7237 (a) may award to the prevailing party:
7238 (i) actual attorney fees incurred;
7239 (ii) the costs incurred by the prevailing party because of the other party's failure to
7240 provide or exercise court-ordered visitation or parent-time, including:
7241 (A) court costs;
7242 (B) child care expenses;
7243 (C) transportation expenses actually incurred;
7244 (D) lost wages, if ascertainable; or
7245 (E) counseling for a parent or a minor child if ordered or approved by the court; or
7246 (iii) any other appropriate equitable remedy; and
7247 (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
7248 parent-time is not in the best interest of the minor child.
7249 Section 185. Section 81-9-209, which is renumbered from Section 30-3-37 is
7250 renumbered and amended to read:
7251 [
7252 schedule.
7253 (1) [
7254 150 miles or more from the residence of the other parent.
7255 (2) The relocating parent shall provide [
7256
7257 parent intends to relocate.
7258 (3) The written notice of relocation under Subsection (2) shall contain statements
7259 affirming [
7260 (a) the parent-time provisions in Subsection [
7261 approved by both parties will be followed; and
7262 (b) [
7263 pursuant to court ordered parent-time arrangements[
7264 both parties.
7265 [
7266 schedule a hearing with notice to:
7267 (a) review the notice of relocation and [
7268
7269 (b) make appropriate orders regarding the parent-time schedule and costs for
7270 parent-time transportation.
7271 [
7272 if the relocation of a custodial parent is in the best interest of the minor child, consider any
7273 other factors that the court considers relevant to the determination.
7274 (6) If the court determines that relocation is not in the best interest of the minor child,
7275 and the custodial parent relocates, the court may order a change of custody.
7276 [
7277 child, the court shall determine the parent-time schedule and allocate the transportation costs
7278 that will be incurred for the minor child to visit the noncustodial parent.
7279 (b) In making [
7280 shall consider:
7281 [
7282 [
7283 [
7284 [
7285 (8) If a parent relocates because of an act of domestic violence or family violence by
7286 the other parent, the court shall make specific findings and orders with regard to the application
7287 of this section.
7288 [
7289
7290
7291 noncustodial parent is entitled to a minor child who is five to 18 years old:
7292 (a) in years ending in an odd number, the minor child shall spend the following
7293 holidays with the noncustodial parent:
7294 (i) Thanksgiving holiday beginning Wednesday until Sunday; and
7295 (ii) Spring break, if applicable, beginning the last day of school before the holiday until
7296 the day before school resumes;
7297 (b) in years ending in an even number, the minor child shall spend the following
7298 holidays with the noncustodial parent:
7299 (i) the entire winter school break period; and
7300 (ii) the Fall school break beginning the last day of school before the holiday until the
7301 day before school resumes;
7302 (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
7303 weeks[
7304
7305
7306 (d) one weekend per month, at the option and expense of the noncustodial parent.
7307 (10) For extended parent-time under Subsection (9)(c), the minor child should be
7308 returned to the custodial home no later than seven days before school begins, except that this
7309 week is counted when determining the amount of parent-time to be divided between the parents
7310 for the summer or off-track period.
7311 [
7312
7313 (b) The schedule shall take into consideration the following:
7314 [
7315 [
7316 [
7317 [
7318 [
7319 and
7320 [
7321 [
7322 following restrictions.
7323 (a) (i) If the noncustodial parent has not designated a specific weekend for parent-time,
7324 the noncustodial parent shall receive the last weekend of each month unless a holiday assigned
7325 to the custodial parent falls on that particular weekend.
7326 (ii) If a holiday assigned to the custodial parent falls on the last weekend of the month,
7327 the noncustodial parent [
7328 (b) If a noncustodial parent's extended parent-time or parent-time over a holiday
7329 extends into or through the first weekend of the next month, that weekend shall be considered
7330 the noncustodial parent's monthly weekend entitlement for that month.
7331 (c) If a minor child is out of school for teacher development days or snow days after
7332 the [
7333 holidays in Subsection [
7334 monthly weekend parent-time, those days shall be included in the weekend parent-time.
7335 [
7336 the noncustodial parent.
7337 [
7338 parent-time for the noncustodial parent during the school year, the court should consider
7339 awarding more time for the noncustodial parent during the summer time if it is in the best
7340 interests of the [
7341 [
7342 parent-time with the noncustodial parent for a minimum of 30 days during extended
7343 parent-time, unless the court finds it is not in the best [
7344 (b) If the court orders uninterrupted parent-time during a period not covered by this
7345 section, [
7346 travel expenses.
7347 [
7348 responsible for all the minor child's travel expenses relating to Subsections [
7349 (b) and 1/2 of the minor child's travel expenses relating to Subsection [
7350 the noncustodial parent is current on all support obligations.
7351 (b) If the noncustodial parent has been found in contempt for not being current on all
7352 support obligations, the noncustodial parent [
7353 travel expenses under Subsection [
7354 (c) [
7355 other for the minor child's travel expenses [
7356 documents detailing those expenses.
7357 [
7358 [
7359 [
7360 [
7361 Section 186. Section 81-9-301 is enacted to read:
7362
7363 81-9-301. Definitions for part.
7364 As used in this part:
7365 (1) "Juneteenth National Freedom Day" means the day on which the Juneteenth
7366 National Freedom Day holiday is celebrated in this state in accordance with Section
7367 63G-1-301.
7368 (2) "Weekends" include, for a parent-time schedule under Sections 81-9-302 and
7369 81-9-303, any snow days, teacher development days, or other days when school is not
7370 scheduled and that are contiguous to the weekend period.
7371 Section 187. Section 81-9-302, which is renumbered from Section 30-3-35 is
7372 renumbered and amended to read:
7373 [
7374 to 18 years old.
7375 [
7376 [
7377
7378
7379 [
7380
7381 [
7382 18 years old.
7383 [
7384 described in Subsection [
7385 parent-time to which the noncustodial parent is entitled to the minor child:
7386 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
7387 Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
7388 (ii) at the election of the noncustodial parent, one weekday to be specified by the
7389 noncustodial parent or the court:
7390 (A) beginning at the time that the minor child's school is regularly dismissed and
7391 ending at 8:30 p.m.; or
7392 (B) if school is not in session, the noncustodial parent is available to be with the minor
7393 child, and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
7394 ending at 8:30 p.m.;
7395 (b) (i) beginning on the first weekend after entry of the decree, alternating weekends
7396 beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
7397 (ii) at the election of the noncustodial parent and beginning on the first weekend after
7398 the entry of the decree, alternating weekends:
7399 (A) beginning at the time that the minor child's school is regularly dismissed on Friday
7400 and ending on Sunday at 7 p.m.; or
7401 (B) if school is not in session, the noncustodial parent is available to be with the minor
7402 child, and in accommodation with the custodial parent's work schedule, beginning on Friday at
7403 9 a.m. and ending on Sunday at 7 p.m.;
7404 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7405 schedule described in Subsection [
7406 (d) extended parent-time with the minor child when school is not in session for
7407 summer break in accordance with Subsection [
7408 [
7409 (2)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to
7410 four weeks of parent-time with the minor child, which may be consecutive, when school is not
7411 in session for summer break.
7412 (b) For the four weeks of extended parent-time for a noncustodial parent under
7413 Subsection [
7414 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
7415 noncustodial parent; and
7416 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
7417 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
7418 parent-time.
7419 (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
7420 two weeks, which may be consecutive, when school is not in session for summer break.
7421 [
7422 plans for the exercise of extended parent-time for summer break under Subsection [
7423 (b) For the notification requirement under Subsection [
7424 (i) in odd-numbered years:
7425 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
7426 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
7427 (ii) in even-numbered years:
7428 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
7429 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
7430 (c) (i) If a parent fails to provide a notification within the time periods described in
7431 Subsection [
7432 for the noncomplying parent.
7433 (ii) If both parents fail to provide notice within the time periods described in
7434 Subsection [
7435 summer break for the other parent.
7436 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
7437 Subsection [
7438 noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which
7439 the custodial parent receives notification of the noncustodial parent's plans for the exercise of
7440 interrupted extended parent-time.
7441 [
7442 of the divorce decree or court order, except that the election may be changed by mutual
7443 agreement, court order, or by the noncustodial parent in the event of a change in the minor
7444 child's schedule.
7445 (b) An election by either parent concerning parent-time shall be made a part of the
7446 decree and made a part of the parent-time order.
7447 [
7448 except that if a conflict arises in the parent-time schedule, the following order of precedence
7449 shall be applied when determining which parent is entitled to parent-time:
7450 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
7451 (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
7452 uninterrupted extended parent-time under Subsection [
7453 from that parent's residence during the uninterrupted extended parent-time;
7454 (iii) the holiday schedule for any holiday under Subsection [
7455 Father's Day, Mother's Day, or the minor child's birthday;
7456 (iv) extended parent-time under Subsection [
7457 (v) the schedule for weekday or weekend parent-time.
7458 (b) A parent exercising parent-time for the minor child's birthday may bring other
7459 siblings along for the minor child's birthday.
7460 [
7461 noncustodial parent, may pick up the minor child for parent-time if the custodial parent is
7462 aware of the identity of the individual and the noncustodial parent will be with the minor child
7463 by 7 p.m.
7464 [
7465 parent-time shall be responsible for the minor child's attendance at school for that school day.
7466 [
7467 schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the
7468 parent's half of the holiday, the minor children may remain together for the holiday period
7469 beginning the first evening that all minor children's schools are dismissed for the holiday and
7470 ending the evening before any minor child returns to school.
7471 [
7472 duration.
7473 (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
7474 reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
7475 (ii) If the parties cannot agree on whether the equipment is reasonably available, the
7476 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
7477 into consideration:
7478 (A) the best interests of the minor child;
7479 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
7480 (C) any other factors the court considers material.
7481 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
7482 [
7483 years old and both minor children are the [
7484 parents and the court should consider an upward deviation for parent-time with all the minor
7485 children so that parent-time is uniform based on a schedule under this section.
7486 [
7487 section.
| 7488 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 7489 | Dr. Martin Luther King Jr. Day | (1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Dr. Martin Luther King Jr. Day. | Odd years | Even years |
| 7490 | President's Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7491 | Spring Break | (1) Holiday begins at 6 p.m. on the day that school dismisses for spring break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7492 | Memorial Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Memorial Day. | Even years | Odd years |
| 7493 | Mother's Day | (1) Holiday begins on Mother's Day at 9 a.m. (2) Holiday ends on Mother's Day at 7 p.m. | All years if noncustodial parent is the mother or other parent granted the holiday in the order. | All years if custodial parent is the mother or other parent granted the holiday in the order. |
| 7494 | Father's Day | (1) Holiday begins on Father's Day at 9 a.m. (2) Holiday ends on Father's Day at 7 p.m. | All years if noncustodial parent is the father or other parent granted the holiday in the order. | All years if custodial parent is the father or other parent granted the holiday in the order. |
| 7495 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 7496 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 7497 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 7498 | Labor Day | (1) Holiday begins on Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Labor Day. | Odd years | Even years |
| 7499 | Columbus Day | (1) Holiday begins at 6 p.m. on the day before Columbus Day. (2) Holiday ends at 7 p.m. on Columbus Day. | Even years | Odd years |
| 7500 | Fall Break | (1) Holiday begins at 6 p.m. on the day school is dismissed for fall break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7501 | Halloween | (1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community: (a) at the time that school is dismissed; or (b) at 4 p.m. if there is no school. (2) Holiday ends at 9 p.m. on the same day the holiday begins. | Even years | Odd years |
| 7502 | Veterans Day | (1) Holiday begins at 6 p.m. on the day before Veterans Day. (2) Holiday ends at 7 p.m. on Veterans Day. | Odd years | Even years |
| 7503 | Thanksgiving | (1) Holiday begins on Wednesday at: (a) 6 p.m.; or (b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7504 | Winter Break (First Half) | (1) Holiday begins at: (a) 6 p.m. on the day on that school dismisses for winter break; or (b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday. (2) Holiday ends on December 27th at 7 p.m. | Odd years | Even years |
| 7505 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7506 | Day of Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 7507 | Day Before or After Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
7508 Section 188. Section 81-9-303, which is renumbered from Section 30-3-35.1 is
7509 renumbered and amended to read:
7510 [
7511 to 18 years old.
7512 [
7513 [
7514
7515
7516 [
7517
7518 [
7519 who is five to 18 years old.
7520 (b) For purposes of calculating child support, the optional parent-time schedule in this
7521 section is 145 overnights.
7522 (c) Any impact on child support shall be consistent with joint physical custody[
7523
7524 [
7525 this section as a minimum parent-time schedule when the parties agree or the noncustodial
7526 parent can demonstrate:
7527 (a) the noncustodial parent has been actively involved in the minor child's life;
7528 (b) the parties can communicate effectively regarding the minor child or the
7529 noncustodial parent has a plan to accomplish effective communications regarding the minor
7530 child;
7531 (c) the noncustodial parent has the ability to facilitate the increased parent-time;
7532 (d) the increased parent-time would be in the best interest of the minor child; and
7533 (e) any other factor the court considers relevant.
7534 [
7535 minor child's life, the court shall consider:
7536 (a) demonstrated responsibility in caring for the minor child;
7537 (b) involvement in childcare;
7538 (c) presence or volunteer efforts in the minor child's school and at extracurricular
7539 activities;
7540 (d) assistance with the minor child's homework;
7541 (e) involvement in preparation of meals, bath time, and bedtime for the minor child;
7542 (f) bonding with the minor child; and
7543 (g) any other factor the court considers relevant.
7544 [
7545 increased parent-time, the court shall consider:
7546 (a) the geographic distance between the residences of the parents and the distance
7547 between the parents' residences and the minor child's school;
7548 (b) the noncustodial parent's ability to assist with after school care;
7549 (c) the health of the minor child and the noncustodial parent in accordance with
7550 Subsection [
7551 (d) flexibility of employment or another schedule of the noncustodial parent;
7552 (e) ability to provide appropriate playtime with the minor child;
7553 (f) history and ability of the noncustodial parent to implement a flexible schedule for
7554 the minor child;
7555 (g) physical facilities of the noncustodial parent's residence; and
7556 (h) any other factor the court considers relevant.
7557 [
7558 schedule under this section, a parenting plan in compliance with [
7559
7560 parent-time schedule described in Subsection [
7561 [
7562 noncustodial parent is entitled to the minor child:
7563 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
7564 Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
7565 delivering the minor child to school or at 8 a.m. if there is no school; or
7566 (ii) at the election of the noncustodial parent, one weekday specified by the
7567 noncustodial parent or the court:
7568 (A) beginning at the time the minor child's school is regularly dismissed until the
7569 following day upon delivering the minor child to school or at 8 a.m. if there is no school; or
7570 (B) if there is no school, the noncustodial parent is available to be with the minor child,
7571 and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and
7572 ending on the following day upon delivering the minor child to school or at 8 a.m. if there is no
7573 school;
7574 (b) (i) beginning the first weekend after the entry of the decree, alternating weekends
7575 beginning at 6 p.m. on Friday and ending on Monday upon delivering the minor child to school
7576 or at 8 a.m. if there is no school; or
7577 (ii) at the election of the noncustodial parent, beginning the first weekend after the
7578 entry of the decree, alternating weekends:
7579 (A) beginning at the time the minor child's school is regularly dismissed on Friday and
7580 ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school;
7581 or
7582 (B) if there is no school, the noncustodial parent is available to be with the minor child,
7583 and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
7584 and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no
7585 school;
7586 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7587 schedule described in Subsection [
7588 (d) extended parent-time with the minor child when school is not in session for
7589 summer break in accordance with Subsection [
7590 [
7591 (6)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to
7592 four weeks of parent-time with the minor child, which may be consecutive, when school is not
7593 in session for summer break.
7594 (b) For the four weeks of extended parent-time for a noncustodial parent under
7595 Subsection [
7596 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
7597 noncustodial parent; and
7598 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
7599 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
7600 parent-time.
7601 (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
7602 two weeks, which may be consecutive, when school is not in session for summer break.
7603 [
7604 plans for the exercise of parent-time for summer break under Subsection [
7605 (b) For the notification requirement under Subsection [
7606 (i) in odd-numbered years:
7607 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
7608 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
7609 (ii) in even-numbered years:
7610 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
7611 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
7612 (c) (i) If a parent fails to provide a notification within the time periods described in
7613 Subsection [
7614 for the noncomplying parent.
7615 (ii) If both parents fail to provide notice within the time periods described in
7616 Subsection [
7617 summer break for the other parent.
7618 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
7619 Subsection [
7620 noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which
7621 the custodial parent receives notification of the noncustodial parent's plans for the exercise of
7622 interrupted extended parent-time.
7623 [
7624 entry of the divorce decree or court order, except that the election may be changed by mutual
7625 agreement, court order, or by the noncustodial parent in the event of a change in the minor
7626 child's schedule.
7627 (b) An election by either parent concerning parent-time shall be made a part of the
7628 decree and made a part of the parent-time order.
7629 [
7630 section, except that if a conflict arises in the parent-time schedule, the following order of
7631 precedence shall be applied when determining which parent is entitled to parent-time:
7632 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
7633 (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
7634 uninterrupted extended parent-time under Subsection [
7635 from that parent's residence during the uninterrupted extended parent-time;
7636 (iii) the holiday schedule for any holiday under Subsection [
7637 Father's Day, Mother's Day, or the minor child's birthday;
7638 (iv) extended parent-time under Subsection [
7639 (v) the schedule for weekday or weekend parent-time.
7640 (b) A parent exercising parent-time for the minor child's birthday may bring other
7641 siblings along for the minor child's birthday.
7642 [
7643 noncustodial parent, may pick up the minor child for parent-time if the custodial parent is
7644 aware of the identity of the individual and the noncustodial parent will be with the minor child
7645 by 7 p.m.
7646 [
7647 parent-time shall be responsible for the minor child's attendance at school for that school day.
7648 [
7649 schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the
7650 parent's half of the holiday, the minor children may remain together for the holiday period
7651 beginning the first evening that all minor children's schools are dismissed for the holiday and
7652 ending the evening before any minor child returns to school.
7653 [
7654 years old and both minor children are the [
7655 parents and the court should consider an upward deviation for parent-time with all the minor
7656 children so that parent-time is uniform based on a schedule under this section.
7657 [
7658 section.
| 7659 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 7660 | Dr. Martin Luther King Jr. Day | (1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering of the minor child to school on the day following Dr. Martin Luther King Jr. Day; or (b) at 8 a.m. on the day following Dr. Martin Luther King Jr. Day if there is no school. | Odd years | Even years |
| 7661 | President's Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the day following President's Day; or (b) at 8 a.m. on the day following President's Day if there is no school. | Even years | Odd years |
| 7662 | Spring Break | (1) Holiday begins at 6 p.m. on the day that school dismisses for spring break. (2) Holiday ends: (a) upon delivering the minor child to school on the day following the end of spring break; or (b) at 8 a.m. on the day following the end of spring break if there is no school. | Odd years | Even years |
| 7663 | Memorial Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the day following Memorial Day; or (b) at 8 a.m. on the day following Memorial Day if there is no school. | Even years | Odd years |
| 7664 | Mother's Day | (1) Holiday begins on Mother's Day at 9 a.m. (2) Holiday ends on Mother's Day at 7 p.m. | All years if noncustodial parent is the mother or other parent designated in the order. | All years if custodial parent is the mother or other parent designated in the order. |
| 7665 | Father's Day | (1) Holiday begins on Father's Day at 9 a.m. (2) Holiday ends on Father's Day at 7 p.m. | All years if noncustodial parent is the father or other parent designated in the order. | All years if custodial parent is the father or other parent designated in the order. |
| 7666 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 7667 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 7668 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 7669 | Labor Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the day following Labor Day; or (b) at 8 a.m. on the day following Labor Day if there is no school. | Odd years | Even years |
| 7670 | Columbus Day | (1) Holiday begins at 6 p.m. on the day before Columbus Day. (2) Holiday ends at 7 p.m. on Columbus Day. | Even years | Odd years |
| 7671 | Fall Break | (1) Holiday begins at 6 p.m. on the day school is dismissed for fall break. (2) Holiday ends: (a) upon delivering the minor child to school on the day following the end of fall break; or (b) at 8 a.m. on the day following the end of fall break if there is no school. | Odd years | Even years |
| 7672 | Halloween | (1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community: (a) at the time that school is dismissed; or (b) at 4 p.m. if there is no school. (2) Holiday ends at 9 p.m. on the same day the holiday begins. | Even years | Odd years |
| 7673 | Veterans Day | (1) Holiday begins at 6 p.m. on the day before Veterans Day. (2) Holiday ends at 7 p.m. on Veterans Day. | Odd years | Even years |
| 7674 | Thanksgiving | (1) Holiday begins on Wednesday at: (a) 6 p.m.; or (b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the Monday following Thanksgiving; or (b) at 8 a.m. on the Monday following Thanksgiving if there is no school. | Even years | Odd years |
| 7675 | Winter Break (First Half) | (1) Holiday begins at: (a) 6 p.m. on the day that school dismisses for winter break; or (b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday. (2) Holiday ends on December 27th at 7 p.m. | Odd years | Even years |
| 7676 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends upon delivering the minor child to school on the day that school resumes after the winter break. | Even years | Odd years |
| 7677 | Day of Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 7678 | Day Before or After Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
7679 Section 189. Section 81-9-304, which is renumbered from Section 30-3-35.5 is
7680 renumbered and amended to read:
7681 [
7682 under five years old.
7683 [
7684
7685
7686 [
7687 younger than five years old.
7688 [
7689 Subsections [
7690 the noncustodial parent is entitled to the minor child.
7691 [
7692 parent is entitled to:
7693 (a) three two-hour visits every week; and
7694 (b) two hours for each holiday granted to the noncustodial parent in the holiday
7695 schedule under Subsection [
7696 [
7697 months old, the noncustodial parent is entitled to:
7698 (a) three three-hour visits every week; and
7699 (b) two hours for each holiday granted to the noncustodial parent in the holiday
7700 schedule under Subsection [
7701 [
7702 old, the noncustodial parent is entitled to [
7703 (a) one eight-hour visit every week;
7704 (b) one three-hour visit every week; and
7705 (c) eight hours for each holiday granted to the noncustodial parent in accordance with
7706 the holiday schedule under Subsection [
7707 [
7708 old, the noncustodial parent is entitled to:
7709 (a) one three-hour visit every week;
7710 (b) one eight-hour visit on alternating weekends to be specified by the noncustodial
7711 parent or court;
7712 (c) an overnight visit on opposite weekends from Subsection [
7713 at 6 p.m. on Friday and ending at noon on Saturday; and
7714 (d) eight hours for each holiday granted to the noncustodial parent in the holiday
7715 schedule under Subsection [
7716 [
7717 old, the noncustodial parent is entitled to:
7718 (a) one weekday evening to be specified by the noncustodial parent or the court:
7719 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
7720 (ii) if the minor child is being cared for during the day outside the minor child's regular
7721 place of residence and with advance notice to the custodial parent, beginning at the time that
7722 the minor child is picked up from the caregiver and ending at 8:30 p.m.;
7723 (b) beginning on the first weekend after the entry of the decree, alternating weekends
7724 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
7725 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7726 schedule described in Subsection [
7727 (d) extended parent-time for two one-week periods, separated by at least four weeks, at
7728 the option of the noncustodial parent, as follows:
7729 (i) one week of uninterrupted parent-time for the noncustodial parent; and
7730 (ii) one week of interrupted parent-time where the custodial parent may have an equal
7731 amount of weekday parent-time as the noncustodial parent on the same day on which the
7732 noncustodial parent is granted weekday parent-time under Subsection [
7733 [
7734 old, the noncustodial parent is entitled to:
7735 (a) one weekday evening to be specified by the noncustodial parent or the court:
7736 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
7737 (ii) if the minor child is being cared for during the day outside the minor child's regular
7738 place of residence and with advance notice to the custodial parent, beginning at the time that
7739 the minor child is picked up from the caregiver and ending at 8:30 p.m.;
7740 (b) beginning on the first weekend after the entry of the decree, alternating weekends
7741 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
7742 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7743 schedule described in Subsection [
7744 (d) extended parent-time for two two-week periods, separated by at least four weeks, at
7745 the option of the noncustodial parent, as follows:
7746 (i) two weeks of uninterrupted parent-time, which may be consecutive, for the
7747 noncustodial parent; and
7748 (ii) two weeks of interrupted parent-time, which may be consecutive, where the
7749 custodial parent may have an equal amount of weekday parent-time as the noncustodial parent
7750 on the same day on which the noncustodial parent is granted weekday parent-time under
7751 Subsection [
7752 [
7753 old, the custodial parent is entitled to one week of uninterrupted extended parent-time.
7754 [
7755 parent shall have at least two times a week:
7756 (i) brief telephone contact at reasonable hours and for a reasonable duration; and
7757 (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
7758 at least 100 miles apart, at reasonable hours and for reasonable duration.
7759 (b) If the parties cannot agree on whether the equipment is reasonably available, the
7760 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
7761 into consideration:
7762 (i) the best interests of the minor child;
7763 (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
7764 (iii) any other factors the court considers material.
7765 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
7766 [
7767 agree otherwise, parent-time should take place in the home of the custodial parent, an
7768 established child-care setting, or other environment familiar to the minor child.
7769 [
7770 section, except that if a conflict arises in the parent-time schedule, the following order of
7771 precedence shall be applied when determining which parent is entitled to parent-time:
7772 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
7773 (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
7774 uninterrupted extended parent-time under Subsection [
7775 (9) and takes the minor child away from that parent's residence during the uninterrupted
7776 extended parent-time;
7777 (iii) the holiday schedule for any holiday under Subsection [
7778 Father's Day, Mother's Day, or the minor child's birthday;
7779 (iv) extended parent-time under Subsection [
7780 (9); and
7781 (v) the schedule for weekday or weekend parent-time.
7782 (b) A parent exercising parent-time for the minor child's birthday may bring other
7783 siblings along for the minor child's birthday.
7784 [
7785 parent-time shall be responsible for the minor child's attendance at school for that school day.
7786 [
7787 parent's plans for the exercise of extended parent-time under Subsection [
7788 (7)(d), (8)(d), or (9).
7789 [
7790 section.
| 7791 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 7792 | Dr. Martin Luther King Jr. Day | (1) Holiday begins on Friday at:(a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Dr. Martin Luther King Jr. Day. | Odd years | Even years |
| 7793 | President's Day | (1) Holiday begins on Friday at: (a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on President's Day. | Even years | Odd years |
| 7794 | Spring Break | (1) Holiday begins at 6 p.m. on the day that school dismisses for spring break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7795 | Memorial Day | (1) Holiday begins on Friday at: (a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Memorial Day. | Even years | Odd years |
| 7796 | Mother's Day | (1) Holiday begins on Mother's Day at 9 a.m. (2) Holiday ends on Mother's Day at 7 p.m. | All years if noncustodial parent is the mother or other parent designated in the order. | All years if custodial parent is the mother or other parent designated in the order. |
| 7797 | Father's Day | (1) Holiday begins on Father's Day at 9 a.m. (2) Holiday ends on Father's Day at 7 p.m. | All years if noncustodial parent is the father or other parent designated in the order. | All years if custodial parent is the father or other parent designated in the order. |
| 7798 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 7799 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 7800 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 7801 | Labor Day | (1) Holiday begins on Friday at: (a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Labor Day. | Odd years | Even years |
| 7802 | Columbus Day | (1) Holiday begins at 6 p.m. on the day before Columbus Day. (2) Holiday ends at 7 p.m. on Columbus Day. | Even years | Odd years |
| 7803 | Fall Break | (1) Holiday begins at 6 p.m. on the day school is dismissed for fall break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7804 | Halloween | (1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community: (a) at the time that school is dismissed; or (b) at 4 p.m. if there is no school. (2) Holiday ends at 9 p.m. on the same day the holiday begins. | Even years | Odd years |
| 7805 | Veterans Day | (1) Holiday begins at 6 p.m. on the day before Veterans Day. (2) Holiday ends at 7 p.m. on Veterans Day. | Odd years | Even years |
| 7806 | Thanksgiving | (1) Holiday begins at 6 p.m. on the day that school dismisses for Thanksgiving. (2) Holiday ends at 7 p.m. on day before school resumes. | Even years | Odd years |
| 7807 | Winter Break (First Half) | (1) Holiday begins at 6 p.m. on the day on that school dismisses for winter break. (2) Holiday ends on December 27th at 7 p.m. | Odd years | Even years |
| 7808 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7809 | Day of Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 7810 | Day Before or After Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
7811 Section 190. Section 81-9-305, which is renumbered from Section 30-3-35.2 is
7812 renumbered and amended to read:
7813 [
7814 (1) (a) A court may order the equal parent-time schedule described in this section if the
7815 court determines that:
7816 (i) the equal parent-time schedule is in the minor child's best interest;
7817 (ii) each parent has been actively involved in the minor child's life; and
7818 (iii) each parent can effectively facilitate the equal parent-time schedule.
7819 (b) To determine whether each parent has been actively involved in the minor child's
7820 life, the court shall consider:
7821 (i) each parent's demonstrated responsibility in caring for the minor child;
7822 (ii) each parent's involvement in child care;
7823 (iii) each parent's presence or volunteer efforts in the minor child's school and at
7824 extracurricular activities;
7825 (iv) each parent's assistance with the minor child's homework;
7826 (v) each parent's involvement in preparation of meals, bath time, and bedtime for the
7827 minor child;
7828 (vi) each parent's bond with the minor child; and
7829 (vii) any other factor the court considers relevant.
7830 (c) To determine whether each parent can effectively facilitate the equal parent-time
7831 schedule, the court shall consider:
7832 (i) the geographic distance between the residence of each parent and the distance
7833 between each residence and the minor child's school;
7834 (ii) each parent's ability to assist with the minor child's after school care;
7835 (iii) the health of the minor child and each parent, consistent with Subsection
7836 [
7837 (iv) the flexibility of each parent's employment or other schedule;
7838 (v) each parent's ability to provide appropriate playtime with the minor child;
7839 (vi) each parent's history and ability to implement a flexible schedule for the minor
7840 child;
7841 (vii) physical facilities of each parent's residence; and
7842 (viii) any other factor the court considers relevant.
7843 (2) (a) If the parties agree to or the court orders the equal parent-time schedule
7844 described in this section, a parenting plan in accordance with [
7845
7846 schedule.
7847 (b) An order under this section shall result in 182 overnights per year for one parent,
7848 and 183 overnights per year for the other parent.
7849 (c) Under the equal parent-time schedule, [
7850 to have the minor child the majority of the time for the purposes of Subsection [
7851
7852 (d) Child support for the equal parent-time schedule shall be consistent with Section
7853 [
7854 (e) [
7855 receives 183 overnights for parent-time.
7856 [
7857
7858
7859
7860 (3) (a) Unless the parents agree otherwise and subject to a holiday, the equal
7861 parent-time schedule is as follows:
7862 (i) one parent shall exercise parent-time starting Monday morning and ending
7863 Wednesday morning;
7864 (ii) the other parent shall exercise parent-time starting Wednesday morning and ending
7865 Friday morning; and
7866 (iii) each parent shall alternate weeks exercising parent-time starting Friday morning
7867 and ending Monday morning.
7868 (b) The child exchange shall take place:
7869 (i) at the time the minor child's school begins; or
7870 (ii) if school is not in session, at 9 a.m.
7871 (4) (a) The parents may create a holiday schedule.
7872 (b) If the parents are unable to create a holiday schedule under Subsection (4)(a), the
7873 court shall:
7874 (i) order the holiday schedule described in Section [
7875 and
7876 (ii) designate which parent shall exercise parent-time for each holiday described in
7877 Section [
7878 (5) (a) Each year, a parent may designate two consecutive weeks to exercise
7879 uninterrupted parent-time during the summer when school is not in session.
7880 (b) (i) One parent may make a designation at any time and the other parent may make a
7881 designation after May 1.
7882 (ii) A parent shall make a designation at least 30 days before the day on which the
7883 designated two-week period begins.
7884 (c) The court shall designate which parent may make the earlier designation described
7885 in Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make the
7886 earlier designation in an odd numbered year.
7887 (d) The two consecutive weeks described in Subsection (5)(a) take precedence over all
7888 holidays except for Mother's Day and Father's Day.
7889 Section 191. Section 81-9-401, which is renumbered from Section 30-5-1 is
7890 renumbered and amended to read:
7891
7892 [
7893 As used in this [
7894 (1) "District court" means the district court with proper jurisdiction over the
7895 [
7896 (2) "Grandchild" means the minor child with respect to whom a grandparent is seeking
7897 visitation rights under this [
7898 (3) "Grandparent" means an individual whose child, either by blood, marriage, or
7899 adoption, is the parent of the grandchild.
7900 (4) "Individual other than a parent" means an individual who is not a parent and is
7901 related to the minor child by marriage or blood, including:
7902 (a) siblings;
7903 (b) aunts;
7904 (c) uncles;
7905 (d) grandparents;
7906 (e) current or former step-parents; or
7907 (f) any of the individuals described in Subsections (4)(a) through (d) in a step
7908 relationship to the minor child.
7909 Section 192. Section 81-9-402, which is renumbered from Section 30-5a-103 is
7910 renumbered and amended to read:
7911 [
7912 parent -- Venue.
7913 (1) (a) In accordance with Section 80-2a-201, it is the public policy of this state that a
7914 parent retain the fundamental right and duty to exercise primary control over the care,
7915 supervision, upbringing, and education of [
7916 (b) There is a rebuttable presumption that a parent's decisions are in the minor child's
7917 best interests.
7918 (2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
7919 visitation rights to an individual other than a parent who, by clear and convincing evidence,
7920 establishes that:
7921 (a) the individual has intentionally assumed the role and obligations of a parent;
7922 (b) the individual and the minor child have formed a substantial emotional bond and
7923 created a parent-child type relationship;
7924 (c) the individual substantially contributed emotionally or financially to the minor
7925 child's well being;
7926 (d) the assumption of the parental role is not the result of a financially compensated
7927 surrogate care arrangement;
7928 (e) the continuation of the relationship between the individual and the minor child is in
7929 the minor child's best interest;
7930 (f) the loss or cessation of the relationship between the individual and the minor child
7931 would substantially harm the minor child; and
7932 (g) the parent:
7933 (i) is absent; or
7934 (ii) is found by a court to have abused or neglected the minor child.
7935 (3) [
7936
7937 Actions, or Section 78A-6-350, an individual shall file a verified petition, or a petition
7938 supported by an affidavit, for custodial or visitation rights to the minor child in the juvenile
7939 court if a matter is pending in the juvenile court, or in the district court in the county where the
7940 minor child:
7941 (a) currently resides; or
7942 (b) lived with a parent or an individual other than a parent who acted as a parent within
7943 six months before the commencement of the action.
7944 (4) [
7945 under this section in a pending divorce, parentage action, or other proceeding, including a
7946 proceeding in the juvenile court involving custody of or visitation with a minor child.
7947 (5) The petition shall include detailed facts supporting the petitioner's right to file the
7948 petition including the criteria set forth in Subsection (2) and residency information [
7949
7950 (6) [
7951 petition under this section against a parent who is actively serving outside the state in any
7952 branch of the military.
7953 (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
7954 the [
7955 (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
7956 (b) any individual who has court-ordered custody or visitation rights;
7957 (c) the minor child's guardian;
7958 (d) the guardian ad litem, if one has been appointed;
7959 (e) an individual or agency that has physical custody of the minor child or that claims
7960 to have custody or visitation rights; and
7961 (f) any other individual or agency that has previously appeared in any action regarding
7962 custody of or visitation with the minor child.
7963 (8) The court may order a custody evaluation to be conducted in any [
7964
7965 (9) The court may enter temporary orders in [
7966 proceeding brought under this section pending the entry of final orders.
7967 (10) Except as provided in Subsection (11), a court may not grant custody of a minor
7968 child under this section to an individual:
7969 (a) who is not the parent of the [
7970 (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
7971 contest to a felony or attempted felony involving conduct that constitutes any of the following:
7972 [
7973 76-5-114;
7974 [
7975 [
7976 [
7977 [
7978 [
7979 [
7980 [
7981 [
7982 sexual abuse of a child, as described in Section 76-5-404.3;
7983 [
7984 [
7985 76-5b-201.1; or
7986 [
7987 offense described in this Subsection (10).
7988 (11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
7989 listed in Subsection (10) that prevents a court from granting custody except as provided in this
7990 Subsection (11).
7991 (b) An individual described in Subsection (10) may only be considered for custody of a
7992 minor child if the following criteria are met by clear and convincing evidence:
7993 (i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
7994 (ii) at least 10 years have elapsed from the day on which the individual is successfully
7995 released from prison, jail, parole, or probation related to a disqualifying offense;
7996 (iii) during the 10 years before the day on which the individual files a petition with the
7997 court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
7998 an offense greater than an infraction or traffic violation that would likely impact the health,
7999 safety, or well-being of the minor child;
8000 (iv) the individual can provide evidence of successful treatment or rehabilitation
8001 directly related to the disqualifying offense;
8002 (v) the court determines that the risk related to the disqualifying offense is unlikely to
8003 cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at
8004 any time in the future when considering all of the following:
8005 (A) the minor child's age;
8006 (B) the minor child's gender;
8007 (C) the minor child's development;
8008 (D) the nature and seriousness of the disqualifying offense;
8009 (E) the preferences of a minor child who is 12 years old or older;
8010 (F) any available assessments, including custody evaluations, parenting assessments,
8011 psychological or mental health assessments, and bonding assessments; and
8012 (G) any other relevant information;
8013 (vi) the individual can provide evidence of the following:
8014 (A) the relationship with the minor child is of long duration;
8015 (B) that an emotional bond exists with the minor child; and
8016 (C) that custody by the individual who has committed the disqualifying offense ensures
8017 the best interests of the minor child are met;
8018 (vii) (A) there is no other responsible relative known to the court who has or likely
8019 could develop an emotional bond with the minor child and does not have a disqualifying
8020 offense; or
8021 (B) if there is a responsible relative known to the court that does not have a
8022 disqualifying offense, Subsection (11)(d) applies; and
8023 (viii) that the continuation of the relationship between the individual with the
8024 disqualifying offense and the minor child could not be sufficiently maintained through any type
8025 of visitation if custody were given to the relative with no disqualifying offense described in
8026 Subsection (11)(d).
8027 (c) The individual with the disqualifying offense bears the burden of proof regarding
8028 why placement with that individual is in the best interest of the minor child over another
8029 responsible relative or equally situated individual who does not have a disqualifying offense.
8030 (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
8031 to the court who does not have a disqualifying offense:
8032 (i) preference for custody is given to a relative who does not have a disqualifying
8033 offense; and
8034 (ii) before the court may place custody with the individual who has the disqualifying
8035 offense over another responsible, willing, and able relative:
8036 (A) an impartial custody evaluation shall be completed; and
8037 (B) a guardian ad litem shall be assigned.
8038 (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
8039 final decision on custody has not been made and to a case filed on or after March 25, 2017.
8040 Section 193. Section 81-9-403, which is renumbered from Section 30-5-2 is
8041 renumbered and amended to read:
8042 [
8043 (1) In accordance with the provisions and requirements of this section:
8044 (a) a grandparent has standing to bring an action requesting visitation in district court
8045 by petition; and
8046 (b) a grandparent may file a petition for visitation rights in the juvenile court or district
8047 court where a divorce proceeding or other proceeding involving custody and visitation issues is
8048 pending.
8049 (2) (a) In accordance with Section 80-2a-201, it is the public policy of this state that a
8050 parent retains the fundamental right and duty to exercise primary control over the care,
8051 supervision, upbringing, and education of [
8052 (b) A court shall presume that a parent's decision in regard to grandparent visitation is
8053 in the best interest of the parent's minor child.
8054 (3) A court may find the presumption in Subsection (2)(b) rebutted if the grandparent,
8055 by clear and convincing evidence, establishes that:
8056 (a) the grandparent has filled the role of custodian or caregiver to the grandchild that:
8057 (i) is in a manner akin to a parent; and
8058 (ii) the loss of the relationship between the grandparent and the grandchild would cause
8059 substantial harm to the grandchild; or
8060 (b) both parents are unfit or incompetent in a manner that causes potential harm to the
8061 grandchild.
8062 (4) (a) If the court finds the presumption in Subsection (2)(b) is rebutted, the court may
8063 consider whether grandparent visitation is in the best interest of the grandchild.
8064 (b) If the court considers whether grandparent visitation is in the best interest of the
8065 child, the court shall take into account the totality of the circumstances, including:
8066 (i) the reasonableness of the parent's decision to deny grandparent visitation;
8067 (ii) the age of the grandchild;
8068 (iii) the death or unavailability of a parent; and
8069 (iv) if the grandchild is 14 years old or older, the grandchild's desires regarding
8070 visitation after the court inquires of the grandchild.
8071 (5) If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent
8072 visitation is in the best interest of the grandchild, the court may issue an order for grandparent
8073 visitation.
8074 (6) [
8075 grandchild's stepparent does not diminish or alter visitation rights previously ordered under this
8076 section.
8077 (7) On the petition of a grandparent or the legal custodian of a grandchild the court
8078 may, after a hearing, modify an order regarding grandparent visitation if:
8079 (a) the circumstances of the grandchild, the grandparent, or the custodian have
8080 materially and substantially changed since the entry of the order to be modified, or the order
8081 has become unworkable or inappropriate under existing circumstances; and
8082 (b) the court determines that a modification is appropriate based upon the factors set
8083 forth in Subsections (3) and (4).
8084 (8) A grandparent may petition the court to remedy a parent's wrongful noncompliance
8085 with a visitation order.
8086 Section 194. Section 81-9-404, which is renumbered from Section 30-5a-104 is
8087 renumbered and amended to read:
8088 [
8089 This [
8090 visitation with, a minor child who has been relinquished for adoption, or adopted [
8091
8092 Section 195. Repealer.
8093 This bill repeals:
8094 Section 26B-9-227, Determination of parental liability.
8095 Section 30-1-5, Marriage solemnization -- Before unauthorized person -- Validity.
8096 Section 30-1-9.1, Parental consent to prohibited marriage of minor -- Penalty.
8097 Section 30-1-10, Affidavit before the clerk -- Penalty.
8098 Section 30-1-11, Return of license after ceremony -- Failure -- Penalty.
8099 Section 30-1-13, Solemnization without license -- Penalty.
8100 Section 30-1-14, Acting without authority -- Penalty.
8101 Section 30-1-15, Solemnization of prohibited marriage -- Penalty.
8102 Section 30-1-16, Misconduct of county clerk -- Penalty.
8103 Section 30-1-17.2, Action to determine validity of marriage -- Orders relating to
8104 parties, property, and children -- Presumption of paternity in marriage.
8105 Section 30-1-17.3, Age as basis of action to determine validity of marriage --
8106 Refusal to grant annulment.
8107 Section 30-3-2, Right of husband to divorce.
8108 Section 30-3-4, Pleadings -- Decree -- Use of affidavit -- Private records.
8109 Section 30-3-5, Disposition of property -- Maintenance and health care of parties
8110 and children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
8111 parent-time -- Alimony -- Nonmeritorious petition for modification.
8112 Section 30-3-5.1, Provision for income withholding in child support order.
8113 Section 30-3-5.4, Designation of primary and secondary health, dental, or hospital
8114 insurance coverage.
8115 Section 30-3-7, When decree becomes absolute.
8116 Section 30-3-8, Remarriage -- When unlawful.
8117 Section 30-3-10.3, Terms of joint legal or physical custody order.
8118 Section 30-3-10.5, Payments of support, maintenance, and alimony.
8119 Section 30-3-10.7, Parenting plan -- Definitions.
8120 Section 30-3-10.8, Parenting plan -- Filing -- Modifications.
8121 Section 30-3-10.10, Parenting plan -- Domestic violence.
8122 Section 30-3-10.17, Social security number in court records.
8123 Section 30-3-11.1, Family Court Act -- Purpose.
8124 Section 30-3-11.2, Appointment of counsel for child.
8125 Section 30-3-18, Waiting period for hearing after filing for divorce -- Exemption --
8126 Use of counseling and education services not to be construed as condonation or
8127 promotion.
8128 Section 30-3-32, Parent-time -- Definitions -- Considerations for parent-time --
8129 Relocation.
8130 Section 30-3-36, Special circumstances.
8131 Section 30-5a-101, Title.
8132 Section 30-5a-102, Definitions.
8133 Section 30-8-1, Title.
8134 Section 63I-1-230, Repeal dates: Title 30.
8135 Section 75-2b-101, Title.
8136 Section 78B-12-101, Title.
8137 Section 78B-12-104, Continuing jurisdiction.
8138 Section 78B-12-106, Ward of state -- Natural or adoptive parent has primary
8139 obligation to support -- Right of third party to recover support.
8140 Section 78B-12-107, Duty of obligor regardless of presence or residence of obligee.
8141 Section 78B-12-108, Support follows the child.
8142 Section 78B-12-110, Appeals.
8143 Section 78B-12-111, Court order -- Medical expenses of dependent children --
8144 Assigning responsibility for payment -- Insurance coverage -- Income withholding.
8145 Section 78B-12-116, Social Security number in court records.
8146 Section 78B-12-117, Rights are in addition to those presently existing.
8147 Section 78B-12-202, Determination of amount of support -- Rebuttable guidelines.
8148 Section 78B-12-204, Adjusted gross income.
8149 Section 78B-12-205, Calculation of obligations.
8150 Section 78B-12-206, Income in excess of tables.
8151 Section 78B-12-207, Obligation -- Adjusted gross income used.
8152 Section 78B-12-208, Joint physical custody -- Obligation calculations.
8153 Section 78B-12-209, Split custody -- Obligation calculations.
8154 Section 78B-12-211, Limitation on amount of support ordered.
8155 Section 78B-12-212.1, Pregnancy expenses.
8156 Section 78B-12-213, Determination of parental liability.
8157 Section 78B-12-215, Child care costs.
8158 Section 78B-12-219, Adjustment when child becomes emancipated.
8159 Section 196. Effective date.
8160 (1) Except as provided in Subsection (2), this bill takes effect on September 1, 2024.
8161 (2) The actions affecting Section 78A-5a-103 (Effective 10/01/24) take effect on
8162 October 1, 2024.