Senator Todd D. Weiler proposes the following substitute bill:


1     
DOMESTIC RELATIONS RECODIFICATION

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Brady Brammer

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          ▸     provides that a provision regarding a party's retirement being a substantial material
29     change in circumstances for purposes of modifying alimony applies to a divorce
30     decree regardless of the date which the divorce decree was entered;
31          ▸     clarifies provisions regarding child support, including:
32               •     the requirements for a child support order;
33               •     the general requirements for calculating child support; and
34               •     the requirements for calculating child support for a sole physical custody case, a
35     joint physical custody case, and a split physical custody case;
36          ▸     clarifies provisions regarding custody, parent-time, and visitation;
37          ▸     repeals statutes related to domestic relations, including a statute on the appointment
38     of counsel for a child; and
39          ▸     makes technical and conforming changes.
40     Money Appropriated in this Bill:
41          None
42     Other Special Clauses:
43          This bill provides a special effective date.
44          This bill provides coordination clauses.
45     Utah Code Sections Affected:
46     AMENDS:
47          15-4-1, as last amended by Laws of Utah 2023, Chapter 327
48          15-4-6.5, as last amended by Laws of Utah 2000, Chapter 252
49          15-4-6.7, as last amended by Laws of Utah 2023, Chapter 327
50          17-16-21, as last amended by Laws of Utah 2022, Chapter 335
51          23A-4-1102, as last amended by Laws of Utah 2023, Chapter 327 and renumbered and
52     amended by Laws of Utah 2023, Chapter 103
53          26B-1-202, as last amended by Laws of Utah 2023, Chapter 302
54          26B-5-316, as renumbered and amended by Laws of Utah 2023, Chapter 308
55          26B-6-411, as renumbered and amended by Laws of Utah 2023, Chapter 308
56          26B-8-101, as last amended by Laws of Utah 2023, Chapter 306 and last amended by

57     Coordination Clause, Laws of Utah 2023, Chapter 306
58          26B-9-101, as last amended by Laws of Utah 2023, Chapter 305
59          26B-9-104, as renumbered and amended by Laws of Utah 2023, Chapter 305
60          26B-9-201, as renumbered and amended by Laws of Utah 2023, Chapter 305
61          26B-9-202, as renumbered and amended by Laws of Utah 2023, Chapter 305
62          26B-9-210, as renumbered and amended by Laws of Utah 2023, Chapter 305
63          26B-9-211, as renumbered and amended by Laws of Utah 2023, Chapter 305
64          26B-9-212, as renumbered and amended by Laws of Utah 2023, Chapter 305
65          26B-9-213, as renumbered and amended by Laws of Utah 2023, Chapter 305
66          26B-9-214, as renumbered and amended by Laws of Utah 2023, Chapter 305
67          26B-9-217, as renumbered and amended by Laws of Utah 2023, Chapter 305
68          26B-9-220, as renumbered and amended by Laws of Utah 2023, Chapter 305
69          26B-9-221, as renumbered and amended by Laws of Utah 2023, Chapter 305
70          26B-9-224, as renumbered and amended by Laws of Utah 2023, Chapter 305
71          26B-9-225, as renumbered and amended by Laws of Utah 2023, Chapter 305
72          26B-9-226, as renumbered and amended by Laws of Utah 2023, Chapter 305
73          26B-9-230, as renumbered and amended by Laws of Utah 2023, Chapter 305
74          26B-9-301, as renumbered and amended by Laws of Utah 2023, Chapter 305
75          26B-9-303, as renumbered and amended by Laws of Utah 2023, Chapter 305
76          26B-9-304, as renumbered and amended by Laws of Utah 2023, Chapter 305
77          26B-9-403, as renumbered and amended by Laws of Utah 2023, Chapter 305
78          26B-9-405, as renumbered and amended by Laws of Utah 2023, Chapter 305
79          26B-9-501, as renumbered and amended by Laws of Utah 2023, Chapter 305
80          31A-22-610.5, as last amended by Laws of Utah 2023, Chapter 327
81          35A-3-307, as last amended by Laws of Utah 2015, Chapter 221
82          51-9-408, as last amended by Laws of Utah 2021, Chapter 262
83          58-60-112, as last amended by Laws of Utah 2023, Chapter 139
84          63G-20-201, as enacted by Laws of Utah 2015, Chapter 46
85          63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
86          63I-2-278, as last amended by Laws of Utah 2023, Chapters 33 and 250
87          63M-15-204, as enacted by Laws of Utah 2021, Chapter 91

88          76-8-1201, as last amended by Laws of Utah 2015, Chapter 221
89          77-36-1, as last amended by Laws of Utah 2022, Chapters 185 and 430
90          77-38-615, as last amended by Laws of Utah 2023, Chapter 237
91          78A-2-301, as last amended by Laws of Utah 2023, Chapter 330
92          78A-5a-103 (Effective 10/01/24), as enacted by Laws of Utah 2023, Chapter 394
93          78A-6-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
94          78A-6-104, as last amended by Laws of Utah 2022, Chapter 335
95          78A-6-356, as last amended by Laws of Utah 2023, Chapter 330
96          78B-3-416, as last amended by Laws of Utah 2023, Chapter 139
97          78B-3-426, as last amended by Laws of Utah 2018, Chapter 440
98          78B-6-316, as renumbered and amended by Laws of Utah 2008, Chapter 3
99          78B-7-204, as last amended by Laws of Utah 2021, Chapter 262
100          78B-15-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
101          78B-15-113, as renumbered and amended by Laws of Utah 2008, Chapter 3
102          78B-15-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
103          78B-15-610, as last amended by Laws of Utah 2019, Chapter 188
104          78B-15-623, as renumbered and amended by Laws of Utah 2008, Chapter 3
105          78B-20-403, as last amended by Laws of Utah 2017, Chapter 224
106          78B-20-404, as last amended by Laws of Utah 2017, Chapter 224
107          80-2-906, as renumbered and amended by Laws of Utah 2022, Chapter 334
108     ENACTS:
109          63I-1-281, Utah Code Annotated 1953
110          63I-2-281, Utah Code Annotated 1953
111          81-1-101, Utah Code Annotated 1953
112          81-1-201, Utah Code Annotated 1953
113          81-1-202, Utah Code Annotated 1953
114          81-1-204, Utah Code Annotated 1953
115          81-2-101, Utah Code Annotated 1953
116          81-2-301, Utah Code Annotated 1953
117          81-2-401, Utah Code Annotated 1953
118          81-3-101, Utah Code Annotated 1953

119          81-4-101, Utah Code Annotated 1953
120          81-4-201, Utah Code Annotated 1953
121          81-4-301, Utah Code Annotated 1953
122          81-4-401, Utah Code Annotated 1953
123          81-4-402, Utah Code Annotated 1953
124          81-4-406, Utah Code Annotated 1953
125          81-4-501, Utah Code Annotated 1953
126          81-4-502, Utah Code Annotated 1953
127          81-4-503, Utah Code Annotated 1953
128          81-4-504, Utah Code Annotated 1953
129          81-5-101, Utah Code Annotated 1953
130          81-6-102, Utah Code Annotated 1953
131          81-6-201, Utah Code Annotated 1953
132          81-6-204, Utah Code Annotated 1953
133          81-6-205, Utah Code Annotated 1953
134          81-6-206, Utah Code Annotated 1953
135          81-6-207, Utah Code Annotated 1953
136          81-6-212, Utah Code Annotated 1953
137          81-6-213, Utah Code Annotated 1953
138          81-6-301, Utah Code Annotated 1953
139          81-6-401, Utah Code Annotated 1953
140          81-7-101, Utah Code Annotated 1953
141          81-8-101, Utah Code Annotated 1953
142          81-9-201, Utah Code Annotated 1953
143          81-9-301, Utah Code Annotated 1953
144     RENUMBERS AND AMENDS:
145          81-1-203, (Renumbered from 30-3-3, as last amended by Laws of Utah 2020, Chapter
146     142)
147          81-2-102, (Renumbered from 30-1-4.1, as enacted by Laws of Utah 2004, Chapter 261)
148          81-2-201, (Renumbered from 30-1-36, as last amended by Laws of Utah 2018, Chapter
149     347)

150          81-2-202, (Renumbered from 30-1-30, as last amended by Laws of Utah 2018, Chapter
151     347)
152          81-2-203, (Renumbered from 30-1-31, as enacted by Laws of Utah 1971, Chapter 64)
153          81-2-204, (Renumbered from 30-1-32, as last amended by Laws of Utah 2011, Chapter
154     297)
155          81-2-205, (Renumbered from 30-1-33, as last amended by Laws of Utah 2011, Chapter
156     297)
157          81-2-206, (Renumbered from 30-1-34, as last amended by Laws of Utah 2021, Chapter
158     91)
159          81-2-207, (Renumbered from 30-1-35, as last amended by Laws of Utah 2011, Chapter
160     297)
161          81-2-208, (Renumbered from 30-1-37, as last amended by Laws of Utah 2011, Chapter
162     297)
163          81-2-209, (Renumbered from 30-1-38, as enacted by Laws of Utah 1971, Chapter 64)
164          81-2-302, (Renumbered from 30-1-7, as last amended by Laws of Utah 2021, Chapter
165     305)
166          81-2-303, (Renumbered from 30-1-8, as last amended by Laws of Utah 2021, Chapter
167     305)
168          81-2-304, (Renumbered from 30-1-9, as last amended by Laws of Utah 2021, Chapter
169     305)
170          81-2-305, (Renumbered from 30-1-6, as last amended by Laws of Utah 2022, Chapter
171     444)
172          81-2-306, (Renumbered from 30-1-12, as last amended by Laws of Utah 2023, Chapter
173     327)
174          81-2-402, (Renumbered from 30-1-1, as last amended by Laws of Utah 2022, Chapter
175     217)
176          81-2-403, (Renumbered from 30-1-2, as last amended by Laws of Utah 2019, Chapters
177     300 and 317)
178          81-2-404, (Renumbered from 30-1-2.1, as enacted by Laws of Utah 1963, Chapter 41)
179          81-2-405, (Renumbered from 30-1-2.2, as last amended by Laws of Utah 1995, Chapter
180     20)

181          81-2-406, (Renumbered from 30-1-2.3, as last amended by Laws of Utah 1995, Chapter
182     20)
183          81-2-407, (Renumbered from 30-1-4, as last amended by Laws of Utah 2019, Chapter
184     300)
185          81-2-408, (Renumbered from 30-1-4.5, as last amended by Laws of Utah 2021, Chapter
186     186)
187          81-2-409, (Renumbered from 30-1-3, as repealed and reenacted by Laws of Utah 2022,
188     Chapter 217)
189          81-3-102, (Renumbered from 30-2-2, Utah Code Annotated 1953)
190          81-3-103, (Renumbered from 30-2-3, Utah Code Annotated 1953)
191          81-3-104, (Renumbered from 30-2-4, Utah Code Annotated 1953)
192          81-3-105, (Renumbered from 30-2-5, as last amended by Laws of Utah 2023, Chapter
193     327)
194          81-3-106, (Renumbered from 30-2-6, Utah Code Annotated 1953)
195          81-3-107, (Renumbered from 30-2-7, as last amended by Laws of Utah 2011, Chapter
196     297)
197          81-3-108, (Renumbered from 30-2-8, Utah Code Annotated 1953)
198          81-3-109, (Renumbered from 30-2-9, as last amended by Laws of Utah 2015, Chapter
199     457)
200          81-3-110, (Renumbered from 30-2-10, as last amended by Laws of Utah 1977, Chapter
201     122)
202          81-3-111, (Renumbered from 30-2-11, as last amended by Laws of Utah 2008, Chapters
203     3 and 382)
204          81-3-201, (Renumbered from 30-8-2, as enacted by Laws of Utah 1994, Chapter 105)
205          81-3-202, (Renumbered from 30-8-3, as last amended by Laws of Utah 2011, Chapter
206     297)
207          81-3-203, (Renumbered from 30-8-4, as enacted by Laws of Utah 1994, Chapter 105)
208          81-3-204, (Renumbered from 30-8-5, as enacted by Laws of Utah 1994, Chapter 105)
209          81-3-205, (Renumbered from 30-8-6, as enacted by Laws of Utah 1994, Chapter 105)
210          81-3-206, (Renumbered from 30-8-7, as enacted by Laws of Utah 1994, Chapter 105)
211          81-3-207, (Renumbered from 30-8-8, as enacted by Laws of Utah 1994, Chapter 105)

212          81-3-208, (Renumbered from 30-8-9, as enacted by Laws of Utah 1994, Chapter 105)
213          81-4-102, (Renumbered from 30-1-17.4, as enacted by Laws of Utah 1971, Chapter 65)
214          81-4-103, (Renumbered from 30-4a-1, as enacted by Laws of Utah 1983, Chapter 118)
215          81-4-104, (Renumbered from 30-3-4.5, as last amended by Laws of Utah 2010, Chapter
216     34)
217          81-4-105, (Renumbered from 30-3-11.4, as last amended by Laws of Utah 2022,
218     Chapter 272)
219          81-4-106, (Renumbered from 30-3-11.3, as last amended by Laws of Utah 2022,
220     Chapter 272)
221          81-4-202, (Renumbered from 30-4-1, as last amended by Laws of Utah 1993, Chapter
222     137)
223          81-4-203, (Renumbered from 30-4-2, as last amended by Laws of Utah 1977, Chapter
224     122)
225          81-4-204, (Renumbered from 30-4-3, as last amended by Laws of Utah 1991, Chapter
226     257)
227          81-4-205, (Renumbered from 30-4-4, Utah Code Annotated 1953)
228          81-4-206, (Renumbered from 30-4-5, as last amended by Laws of Utah 1977, Chapter
229     122)
230          81-4-302, (Renumbered from 30-1-17.1, as enacted by Laws of Utah 1971, Chapter 65)
231          81-4-303, (Renumbered from 30-1-17, as last amended by Laws of Utah 2019, Chapter
232     300)
233          81-4-403, (Renumbered from 30-3-39, as last amended by Laws of Utah 2008, Chapter
234     3)
235          81-4-404, (Renumbered from 30-3-5.2, as last amended by Laws of Utah 2022, Chapter
236     335)
237          81-4-405, (Renumbered from 30-3-1, as last amended by Laws of Utah 1997, Chapter
238     47)
239          81-6-101, (Renumbered from 78B-12-102, as last amended by Laws of Utah 2023,
240     Chapters 330 and 333)
241          81-6-103, (Renumbered from 78B-12-103, as renumbered and amended by Laws of
242     Utah 2008, Chapter 3)

243          81-6-104, (Renumbered from 78B-12-105, as renumbered and amended by Laws of
244     Utah 2008, Chapter 3)
245          81-6-105, (Renumbered from 78B-12-105.1, as enacted by Laws of Utah 2021,
246     Chapters 111 and 111)
247          81-6-106, (Renumbered from 78B-12-113, as last amended by Laws of Utah 2023,
248     Chapter 330)
249          81-6-107, (Renumbered from 78B-12-201, as renumbered and amended by Laws of
250     Utah 2008, Chapter 3)
251          81-6-108, (Renumbered from 78B-12-109, as renumbered and amended by Laws of
252     Utah 2008, Chapter 3)
253          81-6-109, (Renumbered from 78B-12-115, as renumbered and amended by Laws of
254     Utah 2008, Chapter 3)
255          81-6-110, (Renumbered from 78B-12-114, as renumbered and amended by Laws of
256     Utah 2008, Chapter 3)
257          81-6-202, (Renumbered from 78B-12-210, as last amended by Laws of Utah 2022,
258     Chapter 470)
259          81-6-203, (Renumbered from 78B-12-203, as last amended by Laws of Utah 2017,
260     Chapter 368)
261          81-6-208, (Renumbered from 78B-12-212, as last amended by Laws of Utah 2023,
262     Chapter 333)
263          81-6-209, (Renumbered from 78B-12-214, as renumbered and amended by Laws of
264     Utah 2008, Chapter 3)
265          81-6-210, (Renumbered from 78B-12-217, as renumbered and amended by Laws of
266     Utah 2008, Chapter 3)
267          81-6-211, (Renumbered from 78B-12-216, as last amended by Laws of Utah 2023,
268     Chapter 330)
269          81-6-214, (Renumbered from 78B-12-218, as renumbered and amended by Laws of
270     Utah 2008, Chapter 3)
271          81-6-302, (Renumbered from 78B-12-301, as last amended by Laws of Utah 2022,
272     Chapter 470)
273          81-6-303, (Renumbered from 78B-12-302, as last amended by Laws of Utah 2022,

274     Chapter 470)
275          81-6-304, (Renumbered from 78B-12-303, as enacted by Laws of Utah 2022, Chapter
276     470)
277          81-6-305, (Renumbered from 78B-12-304, as enacted by Laws of Utah 2022, Chapter
278     470)
279          81-6-402, (Renumbered from 78B-12-401, as last amended by Laws of Utah 2018,
280     Chapter 21)
281          81-6-403, (Renumbered from 78B-12-402, as last amended by Laws of Utah 2023,
282     Chapter 330)
283          81-6-404, (Renumbered from 78B-12-403, as repealed and reenacted by Laws of Utah
284     2010, Chapter 286)
285          81-7-102, (Renumbered from 78B-12-112, as last amended by Laws of Utah 2023,
286     Chapter 330)
287          81-7-103, (Renumbered from 30-3-3.5, as enacted by Laws of Utah 2020, Chapter 182)
288          81-9-101, (Renumbered from 30-3-10.1, as last amended by Laws of Utah 2023,
289     Chapter 44)
290          81-9-102, (Renumbered from 30-3-38, as last amended by Laws of Utah 2023, Chapter
291     327)
292          81-9-202, (Renumbered from 30-3-33, as last amended by Laws of Utah 2017, Chapter
293     224)
294          81-9-203, (Renumbered from 30-3-10.9, as last amended by Laws of Utah 2018,
295     Chapter 37)
296          81-9-204, (Renumbered from 30-3-10, as last amended by Laws of Utah 2023, Chapters
297     44 and 327)
298          81-9-205, (Renumbered from 30-3-10.2, as last amended by Laws of Utah 2019,
299     Chapter 188)
300          81-9-206, (Renumbered from 30-3-34, as last amended by Laws of Utah 2021, Chapter
301     399)
302          81-9-207, (Renumbered from 30-3-34.5, as last amended by Laws of Utah 2022,
303     Chapter 430)
304          81-9-208, (Renumbered from 30-3-10.4, as last amended by Laws of Utah 2023,

305     Chapter 44)
306          81-9-209, (Renumbered from 30-3-37, as last amended by Laws of Utah 2020, Chapter
307     354)
308          81-9-302, (Renumbered from 30-3-35, as last amended by Laws of Utah 2023, Chapter
309     437)
310          81-9-303, (Renumbered from 30-3-35.1, as last amended by Laws of Utah 2023,
311     Chapter 437)
312          81-9-304, (Renumbered from 30-3-35.5, as last amended by Laws of Utah 2023,
313     Chapter 437)
314          81-9-305, (Renumbered from 30-3-35.2, as enacted by Laws of Utah 2021, Chapter
315     399)
316          81-9-401, (Renumbered from 30-5-1, as last amended by Laws of Utah 2020, Chapter
317     48)
318          81-9-402, (Renumbered from 30-5a-103, as last amended by Laws of Utah 2022,
319     Chapters 185, 335, and 430)
320          81-9-403, (Renumbered from 30-5-2, as last amended by Laws of Utah 2022, Chapter
321     335)
322          81-9-404, (Renumbered from 30-5a-104, as enacted by Laws of Utah 2009, Chapter
323     108)
324     REPEALS:
325          26B-9-227, as renumbered and amended by Laws of Utah 2023, Chapter 305
326          30-1-5, as last amended by Laws of Utah 2011, Chapter 297
327          30-1-9.1, as enacted by Laws of Utah 2001, Chapter 129
328          30-1-10, as last amended by Laws of Utah 2019, Chapter 317
329          30-1-11, as last amended by Laws of Utah 2019, Chapter 420
330          30-1-13, as last amended by Laws of Utah 2019, Chapter 300
331          30-1-14, as last amended by Laws of Utah 2019, Chapter 300
332          30-1-15, as last amended by Laws of Utah 2001, Chapter 129
333          30-1-16, as last amended by Laws of Utah 2013, Chapter 108
334          30-1-17.2, as last amended by Laws of Utah 2008, Chapter 3
335          30-1-17.3, as last amended by Laws of Utah 2019, Chapter 300

336          30-3-2, Utah Code Annotated 1953
337          30-3-4, as last amended by Laws of Utah 2018, Chapter 470
338          30-3-5, as last amended by Laws of Utah 2023, Chapters 327 and 418
339          30-3-5.1, as last amended by Laws of Utah 2023, Chapter 327
340          30-3-5.4, as last amended by Laws of Utah 2023, Chapters 327 and 333
341          30-3-7, as last amended by Laws of Utah 2012, Chapter 404
342          30-3-8, as last amended by Laws of Utah 1988, Chapter 154
343          30-3-10.3, as last amended by Laws of Utah 2012, Chapter 271
344          30-3-10.5, as last amended by Laws of Utah 2023, Chapter 327
345          30-3-10.7, as last amended by Laws of Utah 2006, Chapter 287
346          30-3-10.8, as last amended by Laws of Utah 2023, Chapter 44
347          30-3-10.10, as enacted by Laws of Utah 2006, Chapter 287
348          30-3-10.17, as enacted by Laws of Utah 1997, Chapter 232
349          30-3-11.1, as enacted by Laws of Utah 1969, Chapter 72
350          30-3-11.2, as enacted by Laws of Utah 1969, Chapter 72
351          30-3-18, as last amended by Laws of Utah 2018, Chapter 470
352          30-3-32, as last amended by Laws of Utah 2022, Chapter 471
353          30-3-36, as last amended by Laws of Utah 2001, Chapter 255
354          30-5a-101, as last amended by Laws of Utah 2020, Chapter 48
355          30-5a-102, as last amended by Laws of Utah 2020, Chapter 48
356          30-8-1, as enacted by Laws of Utah 1994, Chapter 105
357          63I-1-230, as last amended by Laws of Utah 2021, Chapter 91
358          75-2b-101, as enacted by Laws of Utah 2012, Chapter 132
359          78B-12-101, as renumbered and amended by Laws of Utah 2008, Chapter 3
360          78B-12-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
361          78B-12-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
362          78B-12-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
363          78B-12-108, as renumbered and amended by Laws of Utah 2008, Chapter 3
364          78B-12-110, as renumbered and amended by Laws of Utah 2008, Chapter 3
365          78B-12-111, as last amended by Laws of Utah 2023, Chapter 330
366          78B-12-116, as renumbered and amended by Laws of Utah 2008, Chapter 3

367          78B-12-117, as renumbered and amended by Laws of Utah 2008, Chapter 3
368          78B-12-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
369          78B-12-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
370          78B-12-205, as last amended by Laws of Utah 2022, Chapter 470
371          78B-12-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
372          78B-12-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
373          78B-12-208, as last amended by Laws of Utah 2021, Chapter 399
374          78B-12-209, as renumbered and amended by Laws of Utah 2008, Chapter 3
375          78B-12-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
376          78B-12-212.1, as enacted by Laws of Utah 2021, Chapters 111 and 111
377          78B-12-213, as renumbered and amended by Laws of Utah 2008, Chapter 3
378          78B-12-215, as last amended by Laws of Utah 2013, Chapter 467
379          78B-12-219, as last amended by Laws of Utah 2021, Chapter 262
380     Utah Code Sections Affected By Coordination Clause:
381          30-1-2.2, as last amended by Laws of Utah 1995, Chapter 20
382          30-1-2.4, Utah Code Annotated 1953
383          30-1-4.5, as last amended by Laws of Utah 2021, Chapter 186
384          30-1-6, as last amended by Laws of Utah 2022, Chapter 444
385          30-1-8, as last amended by Laws of Utah 2021, Chapter 305
386          30-3-4.5, as last amended by Laws of Utah 2010, Chapter 34
387          30-3-10, as last amended by Laws of Utah 2023, Chapters 44 and 327
388          30-3-10.4, as last amended by Laws of Utah 2023, Chapter 44
389          30-3-11.3, as last amended by Laws of Utah 2022, Chapter 272
390          30-3-11.4, as last amended by Laws of Utah 2022, Chapter 272
391          30-3-33, as last amended by Laws of Utah 2017, Chapter 224
392          51-9-408, as last amended by Laws of Utah 2021, Chapter 262
393          78B-15-610, as last amended by Laws of Utah 2019, Chapter 188
394          81-4-401, Utah Code Annotated 1953
395          81-4-402, Utah Code Annotated 1953
396     

397     Be it enacted by the Legislature of the state of Utah:

398          Section 1. Section 15-4-1 is amended to read:
399          15-4-1. Definitions.
400          As used in this chapter:
401          (1) "Administrative agency" means the same as that term is defined in Section
402     81-6-101.
403          (2) "Child" means the same as that term is defined in Section 81-6-101.
404          [(1)] (3) "Obligation" includes a liability in tort and contractual obligations.
405          [(2)] (4) "Obligee" includes a creditor and a person having a right based on a tort.
406          [(3)] (5) "Obligor" includes a debtor and a person liable for a tort.
407          [(4)] (6) (a) "School fee" means a charge, deposit, rent, or other mandatory payment
408     imposed by:
409          (i) a public school as defined in Section 26B-2-401; or
410          (ii) a private school that provides education to students in any grade from kindergarten
411     through grade 12.
412          (b) "School fee" includes:
413          (i) an admission fee;
414          (ii) a transportation charge; or
415          (iii) a charge, deposit, rent, or other mandatory payment imposed by a third party in
416     connection with an activity or function sponsored by a school described in Subsection [(4)(a).]
417     (6)(a).
418          [(5)] (7) "Several obligors" means obligors severally bound for the same performance.
419          [(6)] (8) "Waiver" means the act of not requiring an individual to pay an amount that
420     the individual otherwise owes.
421          Section 2. Section 15-4-6.5 is amended to read:
422          15-4-6.5. Divorce or separate maintenance of co-obligors.
423          (1) On the entering of a decree of divorce or separate maintenance of joint debtors in
424     contract, the claim of a creditor remains unchanged unless otherwise provided by the contract
425     or until a new contract is entered into between the creditor and the debtors individually.
426          (2) In addition to the creditor's duties as a secured party under Title 70A, Chapter 9a,
427     Uniform Commercial Code - Secured Transactions, and the creditor's duties as a trustee or
428     beneficiary of a trust deed under Title 57, Chapter 1, Conveyances, a creditor[, who has been

429     notified by service of a copy of a court order under Section 30-3-5 or 30-4-3 that the debtors
430     are divorced or living separately under an order for separate maintenance, and who has been
431     expressly advised of the separate, current addresses of the debtors either by the court order or
432     by other written notice,] shall provide to the debtors individually all statements, notices, and
433     other similar correspondence required by law or by the contract if:
434          (a) the creditor has been notified by service of a copy of a court order under Section
435     81-4-204 or 81-4-406 that the debtors are divorced or living separately under an order for
436     separate maintenance; and
437          (b) the creditor has been expressly advised of the separate and current addresses of the
438     debtors by the court order or by other written notice.
439          (3) (a) Except as provided in Subsection (3)(b), a creditor may:
440          (i) continue to make negative credit reports of joint debtors under Section 70C-7-107
441     [and may]; and
442          (ii) report the repayment practices or credit history of joint debtors under Title 7,
443     Chapter 14, Credit Information Exchange.
444          (b) [With respect to a debtor] If a debtor who is not ordered by the court under
445     [Sections 30-3-5 or 30-4-3] Section 81-4-204 or 81-4-406 to make payments on a joint
446     obligation, [no] the creditor may not make a negative credit report under Section 70C-7-107,
447     [and no] or a report of the debtor's repayment practices or credit history under Title 7, Chapter
448     14, Credit Information Exchange, [may be made] regarding the joint obligation after the
449     creditor is served notice of the court's order as required under Subsection (2), unless the
450     creditor has made a demand on the debtor for payment because of the failure to make payments
451     by the other debtor[,] who is ordered by the court to make the payments.
452          Section 3. Section 15-4-6.7 is amended to read:
453          15-4-6.7. Medical and miscellaneous expenses of a child -- Collection and billing
454     pursuant to court or administrative order of child support.
455          (1) When a court or an administrative agency enters an order that provides for the
456     payment of medical and dental expenses of a [minor child under Section 30-3-5, 30-4-3, or
457     78B-12-111, or an administrative order under Section 26B-9-224] child as described in Section
458     26B-9-224 or 81-6-202, a provider who receives a copy of the order:
459          (a) at or before the time the provider renders medical or dental services to the minor

460     child [shall], and upon request from [either] a parent, shall separately bill each parent for the
461     share of the medical and dental expenses that the parent is required to pay under the order; or
462          (b) within 30 days after the day on which the provider renders the medical or dental
463     service to the child, may not:
464          (i) make a claim for unpaid medical and dental expenses against a parent who has paid
465     in full the share of the medical and dental expenses that the parent is required to pay under the
466     order; or
467          (ii) make a negative credit report under Section 70C-7-107, or a report of the debtor's
468     repayment practices or credit history under Title 7, Chapter 14, Credit Information Exchange,
469     regarding a parent who has paid in full the share of the medical and dental expenses that the
470     parent is required to pay under the order.
471          (2) (a) When a court enters an order that provides for the payment of school fees of a
472     [minor child] [under Section 30-3-5 or 30-4-3] child in a separate maintenance action under
473     Section 81-4-204 or in a divorce action under Section 81-4-406:
474          (i) a provider, who receives a copy of the order before the day on which the provider
475     first issues a bill for a school fee [shall,] and upon request from [either] a parent, shall
476     separately bill each parent for the share of the school fee that the parent is required to pay under
477     the order;
478          (ii) a provider, who receives a copy of the order, regardless of whether the provider
479     receives the copy before, on, or after the day on which the provider first issues a bill for the
480     school fee, may not make a negative credit report under Section 70C-7-107, or report of the
481     debtor's repayment practices or credit history under Title 7, Chapter 14, Credit Information
482     Exchange, regarding a parent who has paid in full the share of the school fee that the parent is
483     required to pay under the order; and
484          (iii) each parent is liable only for the share of the school fee that the parent is required
485     to pay under the order.
486          (b) A provider may bill a parent for the parent's share of a [minor] child's school fee
487     under an order described in Subsection (2)(a) regardless of whether the provider grants the
488     other parent a waiver for all or a portion of the other parent's share of the [minor] child's school
489     fee.
490          Section 4. Section 17-16-21 is amended to read:

491          17-16-21. Fees of county officers.
492          (1) As used in this section, "county officer" means a county officer enumerated in
493     Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
494          (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
495          (i) a fee established by the county legislative body under Section 17-53-211; and
496          (ii) any other fee authorized or required by law.
497          (b) As long as the Children's Legal Defense Account is authorized by Section
498     51-9-408, the county clerk shall:
499          (i) assess $10 in addition to whatever fee for a marriage license is established under
500     authority of this section; and
501          (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
502     [in] into the Children's Legal Defense Account.
503          (c) (i) As long as the Division of Child and Family Services, created in Section
504     80-2-201, has the responsibility under Section 80-2-301 to provide services, including
505     temporary shelter, for victims of domestic violence, the county clerk shall:
506          (A) collect $10 in addition to whatever fee for a marriage license is established under
507     authority of this section and in addition to the amount described in Subsection (2)(b), if an
508     applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
509          (B) to the extent actually paid, transmit $10 from each marriage license fee to the
510     Division of Finance for distribution to the Division of Child and Family Services for the
511     operation of shelters for victims of domestic violence.
512          (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
513     to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
514          (B) An applicant for a marriage license may choose not to pay the additional $10
515     referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
516     marriage license.
517          (d) If a county operates an online marriage application system, the county clerk of that
518     county:
519          (i) may assess $20 in addition to the other fees for a marriage license established under
520     this section;
521          (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage

522     license fee to the state treasurer for deposit annually as follows:
523          (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in Title
524     63M, Chapter 15, Utah Marriage Commission, as dedicated credits for the operation of the
525     Utah Marriage Commission; and
526          (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
527          (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
528     Subsection (2)(d) if both individuals seeking the marriage license certify that they have
529     completed premarital counseling or education in accordance with Section [30-1-34] 81-2-206.
530          (3) This section does not apply to a fee currently being assessed by the state but
531     collected by a county officer.
532          Section 5. Section 23A-4-1102 is amended to read:
533          23A-4-1102. Issuance of license, permit, or tag prohibited for failure to pay child
534     support.
535          (1) As used in this section:
536          (a) "Child support" means the same as that term is defined in Section [26B-9-301]
537     26B-9-101.
538          (b) "Delinquent on a child support obligation" means that:
539          (i) an individual owes at least $2,500 on an arrearage obligation of child support based
540     on an administrative or judicial order;
541          (ii) the individual has not obtained a judicial order staying enforcement of the
542     individual's obligation on the amount in arrears; and
543          (iii) the office has obtained a statutory judgment lien pursuant to Section 26B-9-214.
544          (c) "Office" means the Office of Recovery Services created in Section 26B-9-103.
545          (d) "Wildlife license agent" means a person authorized under Section 23A-4-501 to sell
546     a license, permit, or tag in accordance with this chapter.
547          (2) (a) An individual who is delinquent on a child support obligation may not apply for,
548     obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
549     the Wildlife Board under this title, or by an order or proclamation.
550          (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
551     tag in violation of Subsection (2)(a) violates Section 23A-4-1101.
552          (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.

553          (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
554     violates Section 23A-5-309.
555          (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
556     until the office notifies the division that the individual who is delinquent on a child support
557     obligation has:
558          (i) paid the delinquency in full; or
559          (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
560     months with a payment schedule entered into with the office.
561          (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
562          (i) pay the current child support obligation in full each month; and
563          (ii) pays an additional amount as assessed by the office pursuant to Section 26B-9-219
564     towards the child support arrears.
565          (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
566     payment schedule described in Subsection (3)(b), the office may notify the division and the
567     individual is considered to be an individual who is delinquent on a child support obligation and
568     cannot obtain a new license, permit, or tag without complying with this Subsection (3).
569          (d) If an individual fails to comply with the payment schedule described in Subsection
570     (3)(b) for one month of the 12-month period because of a transition to new employment, the
571     individual may obtain a license, permit, or tag and is considered in compliance with this
572     Subsection (3) if the individual:
573          (i) provides the office with information regarding the individual's new employer within
574     30 days from the day on which the missed payment was due;
575          (ii) pays the missed payment within 30 days from the day on which the missed payment
576     was due; and
577          (iii) complies with the payment schedule for all other payments owed for child support
578     within the 12-month period.
579          (4) (a) The division or a wildlife license agent may not knowingly issue a license,
580     permit, or tag under this title to an individual identified by the office as delinquent on a child
581     support obligation until notified by the office that the individual has complied with Subsection
582     (3).
583          (b) The division is not required to hold or reserve a license, permit, or tag opportunity

584     withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
585     individual upon compliance with Subsection (3).
586          (c) The division may immediately reissue to another qualified person a license, permit,
587     or tag opportunity withheld from an individual identified by the office as delinquent on a child
588     support obligation pursuant to Subsection (4)(a).
589          (5) The office and division shall automate the process for the division or a wildlife
590     license agent to be notified whether an individual is delinquent on a child support obligation or
591     has complied with Subsection (3).
592          (6) The office is responsible to provide administrative or judicial review required
593     incident to the division issuing or denying a license, permit, or tag to an individual under
594     Subsection (4).
595          (7) The denial or withholding of a license, permit, or tag under this section is not a
596     suspension or revocation of license and permit privileges for purposes of:
597          (a) Section 23A-4-1106;
598          (b) Subsection 23A-5-311(1); and
599          (c) Section 23A-2-505.
600          (8) This section does not modify a court action to withhold, suspend, or revoke a
601     recreational license under Sections 26B-9-108 and 78B-6-315.
602          Section 6. Section 26B-1-202 is amended to read:
603          26B-1-202. Department authority and duties.
604          The department may, subject to applicable restrictions in state law and in addition to all
605     other authority and responsibility granted to the department by law:
606          (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
607     Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
608     desirable for providing health and social services to the people of this state;
609          (2) establish and manage client trust accounts in the department's institutions and
610     community programs, at the request of the client or the client's legal guardian or representative,
611     or in accordance with federal law;
612          (3) purchase, as authorized or required by law, services that the department is
613     responsible to provide for legally eligible persons;
614          (4) conduct adjudicative proceedings for clients and providers in accordance with the

615     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
616          (5) establish eligibility standards for the department's programs, not inconsistent with
617     state or federal law or regulations;
618          (6) take necessary steps, including legal action, to recover money or the monetary value
619     of services provided to a recipient who was not eligible;
620          (7) set and collect fees for the department's services;
621          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
622     or limited by law;
623          (9) acquire, manage, and dispose of any real or personal property needed or owned by
624     the department, not inconsistent with state law;
625          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
626     the proceeds thereof, may be credited to the program designated by the donor, and may be used
627     for the purposes requested by the donor, as long as the request conforms to state and federal
628     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
629     under guidelines established by the state treasurer;
630          (11) accept and employ volunteer labor or services; the department is authorized to
631     reimburse volunteers for necessary expenses, when the department considers that
632     reimbursement to be appropriate;
633          (12) carry out the responsibility assigned in the workforce services plan by the State
634     Workforce Development Board;
635          (13) carry out the responsibility assigned by Section [62A-5a-105] 26B-1-430 with
636     respect to coordination of services for students with a disability;
637          (14) provide training and educational opportunities for the department's staff;
638          (15) collect child support payments and any other money due to the department;
639          (16) apply the provisions of [Title 78B, Chapter 12, Utah Child Support Act] Title 81,
640     Chapter 6, Child Support, to parents whose child lives out of the home in a department licensed
641     or certified setting;
642          (17) establish policy and procedures, within appropriations authorized by the
643     Legislature, in cases where the Division of Child and Family Services or the Division of
644     Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
645     Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not

646     competent to proceed under Section 80-6-403, including:
647          (a) designation of interagency teams for each juvenile court district in the state;
648          (b) delineation of assessment criteria and procedures;
649          (c) minimum requirements, and timeframes, for the development and implementation
650     of a collaborative service plan for each minor placed in department custody; and
651          (d) provisions for submittal of the plan and periodic progress reports to the court;
652          (18) carry out the responsibilities assigned to the department by statute;
653          (19) examine and audit the expenditures of any public funds provided to a local
654     substance abuse authority, a local mental health authority, a local area agency on aging, and any
655     person, agency, or organization that contracts with or receives funds from those authorities or
656     agencies. Those local authorities, area agencies, and any person or entity that contracts with or
657     receives funds from those authorities or area agencies, shall provide the department with any
658     information the department considers necessary. The department is further authorized to issue
659     directives resulting from any examination or audit to a local authority, an area agency, and
660     persons or entities that contract with or receive funds from those authorities with regard to any
661     public funds. If the department determines that it is necessary to withhold funds from a local
662     mental health authority or local substance abuse authority based on failure to comply with state
663     or federal law, policy, or contract provisions, the department may take steps necessary to
664     ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
665     same as that term is defined in Section [62A-15-102] 26B-5-101;
666          (20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies
667     and persons to provide intercountry adoption services;
668          (21) within legislative appropriations, promote and develop a system of care and
669     stabilization services:
670          (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
671          (b) that encompasses the department, department contractors, and the divisions,
672     offices, or institutions within the department, to:
673          (i) navigate services, funding resources, and relationships to the benefit of the children
674     and families whom the department serves;
675          (ii) centralize department operations, including procurement and contracting;
676          (iii) develop policies that govern business operations and that facilitate a system of care

677     approach to service delivery;
678          (iv) allocate resources that may be used for the children and families served by the
679     department or the divisions, offices, or institutions within the department, subject to the
680     restrictions in Section 63J-1-206;
681          (v) create performance-based measures for the provision of services; and
682          (vi) centralize other business operations, including data matching and sharing among
683     the department's divisions, offices, and institutions;
684          (22) ensure that any training or certification required of a public official or public
685     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
686     22, State Training and Certification Requirements, if the training or certification is required:
687          (a) under this title;
688          (b) by the department; or
689          (c) by an agency or division within the department;
690          (23) enter into cooperative agreements with the Department of Environmental Quality
691     to delineate specific responsibilities to assure that assessment and management of risk to
692     human health from the environment are properly administered;
693          (24) consult with the Department of Environmental Quality and enter into cooperative
694     agreements, as needed, to ensure efficient use of resources and effective response to potential
695     health and safety threats from the environment, and to prevent gaps in protection from potential
696     risks from the environment to specific individuals or population groups;
697          (25) to the extent authorized under state law or required by federal law, promote and
698     protect the health and wellness of the people within the state;
699          (26) establish, maintain, and enforce rules authorized under state law or required by
700     federal law to promote and protect the public health or to prevent disease and illness;
701          (27) investigate the causes of epidemic, infectious, communicable, and other diseases
702     affecting the public health;
703          (28) provide for the detection and reporting of communicable, infectious, acute,
704     chronic, or any other disease or health hazard which the department considers to be dangerous,
705     important, or likely to affect the public health;
706          (29) collect and report information on causes of injury, sickness, death, and disability
707     and the risk factors that contribute to the causes of injury, sickness, death, and disability within

708     the state;
709          (30) collect, prepare, publish, and disseminate information to inform the public
710     concerning the health and wellness of the population, specific hazards, and risks that may affect
711     the health and wellness of the population and specific activities which may promote and protect
712     the health and wellness of the population;
713          (31) abate nuisances when necessary to eliminate sources of filth and infectious and
714     communicable diseases affecting the public health;
715          (32) make necessary sanitary and health investigations and inspections in cooperation
716     with local health departments as to any matters affecting the public health;
717          (33) establish laboratory services necessary to support public health programs and
718     medical services in the state;
719          (34) establish and enforce standards for laboratory services which are provided by any
720     laboratory in the state when the purpose of the services is to protect the public health;
721          (35) cooperate with the Labor Commission to conduct studies of occupational health
722     hazards and occupational diseases arising in and out of employment in industry, and make
723     recommendations for elimination or reduction of the hazards;
724          (36) cooperate with the local health departments, the Department of Corrections, the
725     Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
726     Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged
727     sexual offenders, convicted sexual offenders, and any victims of a sexual offense;
728          (37) investigate the causes of maternal and infant mortality;
729          (38) establish, maintain, and enforce a procedure requiring the blood of adult
730     pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
731     presence and concentration of alcohol, and provide the Commissioner of Public Safety with
732     monthly statistics reflecting the results of these examinations, with necessary safeguards so that
733     information derived from the examinations is not used for a purpose other than the compilation
734     of these statistics;
735          (39) establish qualifications for individuals permitted to draw blood under Subsection
736     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
737     issue permits to individuals the department finds qualified, which permits may be terminated or
738     revoked by the department;

739          (40) establish a uniform public health program throughout the state which includes
740     continuous service, employment of qualified employees, and a basic program of disease
741     control, vital and health statistics, sanitation, public health nursing, and other preventive health
742     programs necessary or desirable for the protection of public health;
743          (41) conduct health planning for the state;
744          (42) monitor the costs of health care in the state and foster price competition in the
745     health care delivery system;
746          (43) establish methods or measures for health care providers, public health entities, and
747     health care insurers to coordinate among themselves to verify the identity of the individuals the
748     providers serve;
749          (44) designate Alzheimer's disease and related dementia as a public health issue and,
750     within budgetary limitations, implement a state plan for Alzheimer's disease and related
751     dementia by incorporating the plan into the department's strategic planning and budgetary
752     process;
753          (45) coordinate with other state agencies and other organizations to implement the state
754     plan for Alzheimer's disease and related dementia;
755          (46) ensure that any training or certification required of a public official or public
756     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
757     22, State Training and Certification Requirements, if the training or certification is required by
758     the agency or under this title, Title 26, Utah Health Code, or [Title 62A, Utah Human Services
759     Code] Title 26B, Utah Health and Human Services Code;
760          (47) oversee public education vision screening as described in Section 53G-9-404; and
761          (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
762     Alert.
763          Section 7. Section 26B-5-316 is amended to read:
764          26B-5-316. Responsibility for cost of care.
765          (1) The division shall estimate and determine, as nearly as possible, the actual expense
766     per annum of caring for and maintaining a patient in the state hospital, and that amount or
767     portion of that amount shall be assessed to and paid by the applicant, patient, spouse, parents,
768     child or children who are of sufficient financial ability to do so, or by the guardian of the
769     patient who has funds of the patient that may be used for that purpose.

770          (2) In addition to the expenses described in Subsection (1), parents are responsible for
771     the support of their child while the child is in the care of the state hospital [pursuant to Title
772     78B, Chapter 12, Utah Child Support Act, and] in accordance with Title 26B, Chapter 9,
773     Recovery Services and Administration of Child Support, and Title 81, Chapter 6, Child
774     Support.
775          Section 8. Section 26B-6-411 is amended to read:
776          26B-6-411. Parent liable for cost and support of minor -- Guardian liable for
777     costs.
778          (1) Parents of a person who receives services or support from the division, who are
779     financially responsible, are liable for the cost of the actual care and maintenance of that person
780     and for the support of the child in accordance with [Title 78B, Chapter 12, Utah Child Support
781     Act] Title 81, Chapter 6, Child Support, and Chapter 9, Part 1, Office of Recovery Services,
782     until the person reaches 18 years old.
783          (2) A guardian of a person who receives services or support from the division is liable
784     for the cost of actual care and maintenance of that person, regardless of his age, where funds
785     are available in the guardianship estate established on his behalf for that purpose. However, if
786     the person who receives services is a beneficiary of a trust created in accordance with Section
787     26B-6-412, or if the guardianship estate meets the requirements of a trust described in that
788     section, the trust income prior to distribution to the beneficiary, and the trust principal are not
789     subject to payment for services or support for that person.
790          (3) If, at the time a person who receives services or support from the division is
791     discharged from a facility or program owned or operated by or under contract with the division,
792     or after the death and burial of a resident of the developmental center, there remains in the
793     custody of the division or the superintendent any money paid by a parent or guardian for the
794     support or maintenance of that person, it shall be repaid upon demand.
795          Section 9. Section 26B-8-101 is amended to read:
796          26B-8-101. Definitions.
797          As used in this part:
798          (1) "Adoption document" means an adoption-related document filed with the office, a
799     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
800     in support of a supplementary birth certificate.

801          (2) "Biological sex at birth" means an individual's sex, as being male or female,
802          according to distinct reproductive roles as manifested by sex and reproductive organ
803     anatomy, chromosomal makeup, and endogenous hormone profiles.
804          (3) "Certified nurse midwife" means an individual who:
805          (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a,
806     Nurse Midwife Practice Act; and
807          (b) has completed an education program regarding the completion of a certificate of
808     death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah
809     Administrative Rulemaking Act.
810          (4) "Custodial funeral service director" means a funeral service director who:
811          (a) is employed by a licensed funeral establishment; and
812          (b) has custody of a dead body.
813          (5) "Dead body" means a human body or parts of a human body from the condition of
814     which it reasonably may be concluded that death occurred.
815          (6) "Decedent" means the same as a dead body.
816          (7) "Dead fetus" means a product of human conception, other than those circumstances
817     described in Subsection 76-7-301(1):
818          (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
819     period began to the date of delivery; and
820          (b) that was not born alive.
821          (8) "Declarant father" means a male who claims to be the genetic father of a child, and,
822     along with the biological mother, signs a voluntary declaration of paternity to establish the
823     child's paternity.
824          (9) "Dispositioner" means:
825          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
826     having the right and duty to control the disposition of the decedent, if the person voluntarily
827     acts as the dispositioner; or
828          (b) the next of kin of the decedent, if:
829          (i) (A) a person has not been designated as described in Subsection (9)(a); or
830          (B) the person described in Subsection (9)(a) is unable or unwilling to exercise the
831     right and duty described in Subsection (9)(a); and

832          (ii) the next of kin voluntarily acts as the dispositioner.
833          (10) "Fetal remains" means:
834          (a) an aborted fetus as that term is defined in Section 26B-2-232; or
835          (b) a miscarried fetus as that term is defined in Section 26B-2-233.
836          (11) "File" means the submission of a completed certificate or other similar document,
837     record, or report as provided under this part for registration by the state registrar or a local
838     registrar.
839          (12) "Funeral service director" means the same as that term is defined in Section
840     58-9-102.
841          (13) "Health care facility" means the same as that term is defined in Section
842     26B-2-201.
843          (14) "Health care professional" means a physician, physician assistant, nurse
844     practitioner, or certified nurse midwife.
845          (15) "Intersex individual" means an individual who:
846          (a) is born with external biological sex characteristics that are irresolvably ambiguous;
847          (b) is born with 46, XX chromosomes with virilization;
848          (c) is born with 46, XY chromosomes with undervirilization;
849          (d) has both ovarian and testicular tissue; or
850          (e) has been diagnosed by a physician, based on genetic or biochemical testing, with
851          abnormal:
852          (i) sex chromosome structure;
853          (ii) sex steroid hormone production; or
854          (iii) sex steroid hormone action for a male or female.
855          (16) "Licensed funeral establishment" means:
856          (a) if located in Utah, a funeral service establishment, as that term is defined in Section
857     58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
858          (b) if located in a state, district, or territory of the United States other than Utah, a
859     funeral service establishment that complies with the licensing laws of the jurisdiction where the
860     establishment is located.
861          (17) "Live birth" means the birth of a child who shows evidence of life after the child is
862     entirely outside of the mother.

863          (18) "Local registrar" means a person appointed under Subsection 26B-8-102(3)(b).
864          (19) "Nurse practitioner" means an individual who:
865          (a) is licensed to practice as an advanced practice registered nurse under Title 58,
866     Chapter 31b, Nurse Practice Act; and
867          (b) has completed an education program regarding the completion of a certificate of
868     death developed by the department by administrative rule made in accordance with Title 63G,
869     Chapter 3, Utah Administrative Rulemaking Act.
870          (20) "Office" means the Office of Vital Records and Statistics within the department.
871          (21) "Physician" means a person licensed to practice as a physician or osteopath in this
872     state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
873     Osteopathic Medical Practice Act.
874          (22) "Physician assistant" means an individual who:
875          (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah
876     Physician Assistant Act; and
877          (b) has completed an education program regarding the completion of a certificate of
878     death developed by the department by administrative rule made in accordance with Title 63G,
879     Chapter 3, Utah Administrative Rulemaking Act.
880          (23) "Presumed father" means the same as that term is defined in Section 78B-15-102.
881          [(23) "Presumed father" means the father of a child conceived or born during a
882     marriage as defined in Section 30-1-17.2.]
883          (24) "Registration" or "register" means acceptance by the local or state registrar of a
884     certificate and incorporation of the certificate into the permanent records of the state.
885          (25) "State registrar" means the state registrar of vital records appointed under Section
886     26B-8-102.
887          (26) "Vital records" means:
888          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
889     dissolution of marriage, or annulment;
890          (b) amendments to any of the registered certificates or reports described in Subsection
891     (26)(a);
892          (c) an adoption document; and
893          (d) other similar documents.

894          (27) "Vital statistics" means the data derived from registered certificates and reports of
895     birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
896     marriage, or annulment.
897          Section 10. Section 26B-9-101 is amended to read:
898          26B-9-101. Definitions.
899          As used in this part:
900          (1) "Account" means a demand deposit account, checking or negotiable withdrawal
901     order account, savings account, time deposit account, or money-market mutual fund account.
902          (2) "Assistance" means public assistance.
903          [(3) "Cash medical support" means an obligation to equally share all reasonable and
904     necessary medical and dental expenses of children.]
905          [(4) "Child support" means the same as that term is defined in Section 26B-9-301.]
906          (3) "Child" means the same as that term is defined in Section 81-6-101.
907          (4) (a) "Child support" means a base child support award as defined in Section
908     81-6-101, or a financial award for uninsured monthly medical expenses, ordered by a tribunal
909     for the support of a child, including current periodic payments, all arrearages that accrue under
910     an order for current periodic payments, and sum certain judgments awarded for arrearages,
911     medical expenses, and child care costs.
912          (b) "Child support" includes obligations ordered by a tribunal for the support of a
913     spouse or former spouse with whom the child resides if the spousal support is collected with
914     the child support.
915          (5) "Child support services" means services provided pursuant to Part D of Title IV of
916     the Social Security Act, 42 U.S.C. Sec. 651, et seq.
917          (6) "Director" means the director of the Office of Recovery Services.
918          [(7) "Disposable earnings" means that part of the earnings of an individual remaining
919     after the deduction of all amounts required by law to be withheld.]
920          [(8)] (7) "Financial institution" means:
921          (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit
922     Insurance Act, 12 U.S.C. Sec. 1813(c);
923          (b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
924     U.S.C. Sec. 1813(u);

925          (c) any federal credit union or state credit union as defined in the Federal Credit Union
926     Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as
927     defined in 12 U.S.C. Sec. 1786(r);
928          (d) a broker-dealer as defined in Section 61-1-13; or
929          (e) any benefit association, insurance company, safe deposit company, money-market
930     mutual fund, or similar entity authorized to do business in the state.
931          [(9)] (8) "Financial record" means the same as that term is defined in the Right to
932     Financial Privacy Act of 1978, 12 U.S.C. Sec. 3401.
933          [(10)] (9) (a) "Income" means earnings, compensation, or other payment due to an
934     individual, regardless of source, whether denominated as wages, salary, commission, bonus,
935     pay, or contract payment, or denominated as advances on future wages, salary, commission,
936     bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
937     incentive pay.
938          (b) "Income" includes:
939          (i) all gain derived from capital assets, labor, or both, including profit gained through
940     sale or conversion of capital assets;
941          (ii) interest and dividends;
942          (iii) periodic payments made under pension or retirement programs or insurance
943     policies of any type;
944          (iv) unemployment compensation benefits;
945          (v) workers' compensation benefits; and
946          (vi) disability benefits.
947          [(11)] (10) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec.
948     651 et seq.
949          [(12)] (11) "IV-D child support services" means [the same as] child support services.
950          [(13)] (12) "New hire registry" means the centralized new hire registry created in
951     Section 35A-7-103.
952          [(14)] (13) "Obligee" means an individual, this state, another state, or other comparable
953     jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or
954     public assistance.
955          [(15)] (14) "Obligor" means a person, firm, corporation, or the estate of a decedent

956     owing money to this state, to an individual, to another state, or other comparable jurisdiction in
957     whose behalf this state is acting.
958          [(16)] (15) "Office" means the Office of Recovery Services.
959          [(17) "Provider" means a person or entity that receives compensation from any public
960     assistance program for goods or services provided to a public assistance recipient.]
961          [(18)] (16) "Public assistance" means:
962          (a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
963          (b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
964          (c) foster care maintenance payments under Part E of Title IV of the Social Security
965     Act, 42 U.S.C. Sec. 670, et seq.;
966          (d) SNAP benefits as defined in Section 35A-1-102; or
967          (e) any other public funds expended for the benefit of a person in need of financial,
968     medical, food, housing, or related assistance.
969          [(19)] (17) "State case registry" means the central, automated record system maintained
970     by the office and the central, automated district court record system maintained by the
971     Administrative Office of the Courts, that contains records which use standardized data
972     elements, such as names, Social Security numbers and other uniform identification numbers,
973     dates of birth, and case identification numbers, with respect to:
974          (a) each case in which services are being provided by the office under the state IV-D
975     child support services plan; and
976          (b) each support order established or modified in the state on or after October 1, 1998.
977          Section 11. Section 26B-9-104 is amended to read:
978          26B-9-104. Duties of the Office of Recovery Services.
979          (1) The office has the following duties:
980          (a) except as provided in Subsection (2), to provide child support services if:
981          (i) the office has received an application for child support services;
982          (ii) the state has provided public assistance; or
983          (iii) a child lives out of the home in the protective custody, temporary custody, or
984     custody or care of the state;
985          (b) for the purpose of collecting child support, to carry out the obligations of the
986     department contained in:

987          (i) this chapter;
988          [(ii) Title 78B, Chapter 12, Utah Child Support Act;]
989          [(iii)] (ii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; [and]
990          [(iv)] (iii) Title 78B, Chapter 15, Utah Uniform Parentage Act; and
991          (iv) Title 81, Chapter 6, Child Support;
992          (c) to collect money due the department which could act to offset expenditures by the
993     state;
994          (d) to cooperate with the federal government in programs designed to recover health
995     and social service funds;
996          (e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
997     and reimbursable expenses owed to the state or any of its political subdivisions, if the office
998     has contracted to provide collection services;
999          (f) to implement income withholding for collection of child support in accordance with
1000     Part 3, Income Withholding in IV-D Cases;
1001          (g) to enter into agreements with financial institutions doing business in the state to
1002     develop and operate, in coordination with such financial institutions, a data match system in the
1003     manner provided for in Section 26B-9-208;
1004          (h) to establish and maintain the state case registry in the manner required by the Social
1005     Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
1006          (i) the amount of monthly or other periodic support owed under the order, and other
1007     amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
1008     the order;
1009          (ii) any amount described in Subsection (1)(h)(i) that has been collected;
1010          (iii) the distribution of collected amounts;
1011          (iv) the birth date of any child for whom the order requires the provision of support;
1012     and
1013          (v) the amount of any lien imposed with respect to the order pursuant to this part;
1014          (i) to contract with the Department of Workforce Services to establish and maintain the
1015     new hire registry created under Section 35A-7-103;
1016          (j) to determine whether an individual who has applied for or is receiving cash
1017     assistance or Medicaid is cooperating in good faith with the office as required by Section

1018     26B-9-213;
1019          (k) to finance any costs incurred from collections, fees, General Fund appropriation,
1020     contracts, and federal financial participation; and
1021          (l) to provide notice to a noncustodial parent in accordance with Section 26B-9-207 of
1022     the opportunity to contest the accuracy of allegations by a custodial parent of nonpayment of
1023     past-due child support, prior to taking action against a noncustodial parent to collect the alleged
1024     past-due support.
1025          (2) The office may not provide child support services to the Division of Child and
1026     Family Services for a calendar month when the child to whom the child support services relate
1027     is:
1028          (a) in the custody of the Division of Child and Family Services; and
1029          (b) lives in the home of a custodial parent of the child for more than seven consecutive
1030     days, regardless of whether:
1031          (i) the greater than seven consecutive day period starts during one month and ends in
1032     the next month; and
1033          (ii) the child is living in the home on a trial basis.
1034          (3) The Division of Child and Family Services is not entitled to child support, for a
1035     child to whom the child support relates, for a calendar month when child support services may
1036     not be provided under Subsection (2).
1037          Section 12. Section 26B-9-201 is amended to read:
1038          26B-9-201. Definitions.
1039          As used in this part:
1040          (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
1041     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1042          (2) "Administrative order" means an order that has been issued by the office, the
1043     department, or an administrative agency of another state or other comparable jurisdiction with
1044     similar authority to that of the office.
1045          (3) "Arrears" means [the same as] support debt.
1046          (4) "Assistance" means public assistance as defined in Section 26B-9-101.
1047          [(5) "Business day" means a day on which state offices are open for regular business.]
1048          [(6) "Child" means:]

1049          [(a) a son or daughter under the age of 18 years who is not otherwise emancipated,
1050     self-supporting, married, or a member of the armed forces of the United States;]
1051          [(b) a son or daughter over the age of 18 years, while enrolled in high school during the
1052     normal and expected year of graduation and not otherwise emancipated, self-supporting,
1053     married, or a member of the armed forces of the United States; or]
1054          [(c) a son or daughter of any age who is incapacitated from earning a living and is
1055     without sufficient means].
1056          (5) "Cash medical support" means an obligation to equally share all reasonable and
1057     necessary medical and dental expenses of children.
1058          (6) "Child" means the same as that term is defined in Section 81-6-101.
1059          (7) "Child support" means the same as that term is defined in Section [26B-9-301]
1060     26B-9-101.
1061          (8) "Child support guidelines" means [guidelines as defined in Section 78B-12-102]
1062     the same as that term is defined in Section 81-6-101.
1063          (9) "Child support order" means [the same as that term is defined in Section
1064     26B-9-301.] a judgment, decree, or order, whether temporary, final, or subject to modification,
1065     issued by a tribunal for child support and related costs and fees, interest and penalties, income
1066     withholding, attorney fees, and other relief.
1067          (10) "Child support services" means the same as that term is defined in Section
1068     26B-9-101.
1069          (11) "Court order" means a judgment or order of a tribunal of appropriate jurisdiction
1070     of this state, another state, Native American tribe, the federal government, or any other
1071     comparable jurisdiction.
1072          (12) "Director" means the director of the Office of Recovery Services.
1073          (13) "Disposable earnings" means [the same as that term is defined in Section
1074     26B-9-101.] that part of the earnings of an individual remaining after the deduction of all
1075     amounts required by law to be withheld.
1076          [(14) "Guidelines" means the same as that term is defined in Section 78B-12-102.]
1077          [(15)] (14) "High-volume automated administrative enforcement" in interstate cases
1078     means, on the request of another state, the identification by the office, through automatic data
1079     matches with financial institutions and other entities where assets may be found, of assets

1080     owned by persons who owe child support in the requesting state, and the seizure of the assets
1081     by the office, through levy or other appropriate processes.
1082          [(16)] (15) "Income" means the same as that term is defined in Section 26B-9-101.
1083          [(17) "IV-D child support services" means the same as child support services.]
1084          (16) "IV-D services" means services provided pursuant to Part D of Title IV of the
1085     Social Security Act, 42 U.S.C. Sec. 651, et seq.
1086          [(18)] (17) "Notice of agency action" means the notice required to commence an
1087     adjudicative proceeding in accordance with Section 63G-4-201.
1088          [(19)] (18) "Obligee" means an individual, this state, another state, or other
1089     comparable jurisdiction to whom a duty of child support is owed, or who is entitled to
1090     reimbursement of child support or public assistance.
1091          [(20)] (19) "Obligor" means a person, firm, corporation, or the estate of a decedent
1092     owing a duty of support to this state, to an individual, to another state, or other corporate
1093     jurisdiction in whose behalf this state is acting.
1094          [(21)] (20) "Office" means the Office of Recovery Services.
1095          [(22)] (21) "Parent" means [a natural parent or an adoptive parent of a dependent child]
1096     the same as that term is defined in Section 81-1-101.
1097          [(23)] (22) "Past-due support" means [the same as] support debt.
1098          [(24)] (23) "Person" includes an individual, firm, corporation, association, political
1099     subdivision, department, or office.
1100          [(25)] (24) "Public assistance" means the same as that term is defined in Section
1101     26B-9-101.
1102          [(26)] (25) "Presiding officer" means a presiding officer described in Section
1103     63G-4-103.
1104          [(27)] (26) "Support" includes past-due, present, and future obligations established by:
1105          (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
1106     dental care of a [dependent] child; and
1107          (b) a tribunal for the financial support of a spouse or former spouse with whom the
1108     obligor's [dependent] child resides if the obligor also owes a child support obligation that is
1109     being enforced by the state.
1110          [(28)] (27) "Support debt" means the debt created by nonpayment of support.

1111          [(29)] (28) "Support order" means [the same as] a child support order.
1112          [(30)] (29) "Tribunal" means the district court, the department, the Office of Recovery
1113     Services, or court or administrative agency of any state, territory, possession of the United
1114     States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or
1115     other comparable domestic or foreign jurisdiction.
1116          Section 13. Section 26B-9-202 is amended to read:
1117          26B-9-202. Common-law and statutory remedies augmented by act -- Public
1118     policy.
1119          (1) The state of Utah, exercising its police and sovereign power, declares that the
1120     common-law and statutory remedies pertaining to family desertion and nonsupport of [minor
1121     dependent] children shall be augmented by this part, which is directed to the real and personal
1122     property resources of the responsible parents.
1123          (2) In order to render resources more immediately available to meet the needs of
1124     [minor] children, it is the legislative intent that the remedies provided in this part are in
1125     addition to, and not in lieu of, existing law.
1126          (3) It is declared to be the public policy of this state that this part be liberally construed
1127     and administered to the end that children shall be maintained from the resources of responsible
1128     parents, thereby relieving or avoiding, at least in part, the burden often borne by the general
1129     citizenry through public assistance programs.
1130          Section 14. Section 26B-9-210 is amended to read:
1131          26B-9-210. Issuance or modification of an order to collect support for persons not
1132     receiving public assistance.
1133          The office may proceed to issue or modify an order under Section 26B-9-206 and
1134     collect under this part even though public assistance is not being provided on behalf of a
1135     [dependent] child if the office provides support collection services in accordance with:
1136          (1) an application for services provided under Title IV-D of the federal Social Security
1137     Act;
1138          (2) the continued service provisions of Subsection 26B-9-213(5); or
1139          (3) the interstate provisions of Section 26B-9-209.
1140          Section 15. Section 26B-9-211 is amended to read:
1141          26B-9-211. Mandatory review and adjustment of child support orders for TANF

1142     recipients.
1143          If a child support order has not been issued, adjusted, or modified within the previous
1144     three years and the children who are the subject of the order currently receive TANF funds, the
1145     office shall review the order, and if appropriate, move the tribunal to adjust the amount of the
1146     order if there is a difference of 10% or more between the payor's ordered support amount and
1147     the payor's support amount required under the child support guidelines.
1148          Section 16. Section 26B-9-212 is amended to read:
1149          26B-9-212. Collection directly from responsible parent.
1150          (1) (a) The office may issue or modify an order under Section 26B-9-206 and collect
1151     under this part directly from a responsible parent if the procedural requirements of applicable
1152     law have been met and if public assistance is provided on behalf of that parent's [dependent]
1153     child.
1154          (b) The direct right to issue an order under this Subsection (1) is independent of and in
1155     addition to the right derived from that assigned under Section 35A-3-108.
1156          (2) An order issuing or modifying a support obligation under Subsection (1), issued
1157     while public assistance was being provided for a [dependent] child, remains in effect and may
1158     be enforced by the office under Section 26B-9-210 after provision of public assistance ceases.
1159          (3) (a) The office may issue or modify an administrative order, subject to the
1160     procedural requirements of applicable law, that requires that obligee to pay to the office
1161     assigned support that an obligee receives and retains in violation of Subsection 26B-9-213(4)
1162     and may reduce to judgment any unpaid balance due.
1163          (b) The office may collect the judgment debt in the same manner as it collects any
1164     judgment for past-due support owed by an obligor.
1165          (4) Notwithstanding any other provision of law, the Office of Recovery Services shall
1166     have full standing and authority to establish and enforce child support obligations against an
1167     alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of
1168     Recovery Services' authority against other mothers and fathers.
1169          Section 17. Section 26B-9-213 is amended to read:
1170          26B-9-213. Duties of obligee after assignment of support rights.
1171          (1) An obligee whose rights to support have been assigned under Section 35A-3-108 as
1172     a condition of eligibility for public assistance has the following duties:

1173          (a) Unless a good cause or other exception applies, the obligee shall, at the request of
1174     the office:
1175          (i) cooperate in good faith with the office by providing the name and other identifying
1176     information of the other parent of the obligee's child for the purpose of:
1177          (A) establishing paternity; or
1178          (B) establishing, modifying, or enforcing a child support order;
1179          (ii) supply additional necessary information and appear at interviews, hearings, and
1180     legal proceedings; and
1181          (iii) submit the obligee's child and himself to judicially or administratively ordered
1182     genetic testing.
1183          (b) The obligee may not commence an action against an obligor or file a pleading to
1184     collect or modify support without the office's written consent.
1185          (c) The obligee may not do anything to prejudice the rights of the office to establish
1186     paternity, enforce provisions requiring health insurance, or to establish and collect support.
1187          (d) The obligee may not agree to allow the obligor to change the court or
1188     administratively ordered manner or amount of payment of past, present, or future support
1189     without the office's written consent.
1190          (2) (a) The office shall determine and redetermine, when appropriate, whether an
1191     obligee has cooperated with the office as required by Subsection (1)(a).
1192          (b) If the office determines that an obligee has not cooperated as required by
1193     Subsection (1)(a), the office shall:
1194          (i) forward the determination and the basis for it to the Department of Workforce
1195     Services, which shall inform the department of the determination, for a determination of
1196     whether compliance by the obligee should be excused on the basis of good cause or other
1197     exception; and
1198          (ii) send to the obligee:
1199          (A) a copy of the notice; and
1200          (B) information that the obligee may, within 15 days of notice being sent:
1201          (I) contest the office's determination of noncooperation by filing a written request for
1202     an adjudicative proceeding with the office; or
1203          (II) assert that compliance should be excused on the basis of good cause or other

1204     exception by filing a written request for a good cause exception with the Department of
1205     Workforce Services.
1206          (3) The office's right to recover is not reduced or terminated if an obligee agrees to
1207     allow the obligor to change the court or administratively ordered manner or amount of payment
1208     of support regardless of whether that agreement is entered into before or after public assistance
1209     is furnished on behalf of a [dependent] child.
1210          (4) (a) If an obligee receives direct payment of assigned support from an obligor, the
1211     obligee shall immediately deliver that payment to the office.
1212          (b) (i) If an obligee agrees with an obligor to receive payment of support other than in
1213     the court or administratively ordered manner and receives payment as agreed with the obligor,
1214     the obligee shall immediately deliver the cash equivalent of the payment to the office.
1215          (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i)
1216     exceeds the amount of the court or administratively ordered support due, the office shall return
1217     the excess to the obligee.
1218          (5) (a) If public assistance furnished on behalf of a [dependent] child is terminated, the
1219     office may continue to provide paternity establishment and support collection services.
1220          (b) Unless the obligee notifies the office to discontinue these services, the obligee is
1221     considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who
1222     has applied for those services.
1223          Section 18. Section 26B-9-214 is amended to read:
1224          26B-9-214. Liens by operation of law and writs of garnishment.
1225          (1) Each payment or installment of child support is, on and after the date it is due, a
1226     judgment with the same attributes and effect of any judgment of a district court in accordance
1227     with Section [78B-12-112] 81-7-102 and for purposes of Section 78B-5-202.
1228          (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
1229     lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
1230     district court where the obligor's real property is located if the notice:
1231          (i) specifies the amount of past-due support; and
1232          (ii) complies with the procedural requirements of Section 78B-5-202.
1233          (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
1234     execute a judgment or final administrative order under this section against real or personal

1235     property in the obligor's possession.
1236          (3) (a) The office may issue a writ of garnishment against the obligor's personal
1237     property in the possession of a third party for a judgment under Subsection (1) or a final
1238     administrative order in the same manner and with the same effect as if the writ were issued on
1239     a judgment of a district court if:
1240          (i) the judgment or final administrative order is recorded on the office's automated case
1241     registry; and
1242          (ii) the writ is signed by the director or the director's designee and served by certified
1243     mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
1244          (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
1245     and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
1246     provided by Section 26B-9-217.
1247          Section 19. Section 26B-9-217 is amended to read:
1248          26B-9-217. Requirement to honor voluntary assignment of earnings -- Discharge
1249     of employee prohibited -- Liability for discharge -- Earnings subject to support lien or
1250     garnishment.
1251          (1) (a) Every person, firm, corporation, association, political subdivision, or
1252     department of the state shall honor, according to its terms, a duly executed voluntary
1253     assignment of earnings which is presented by the office as a plan to satisfy or retire a support
1254     debt or obligation.
1255          (b) The requirement to honor an assignment of earnings, and the assignment of
1256     earnings itself, are applicable whether the earnings are to be paid presently or in the future, and
1257     continue in effect until released in writing by the office.
1258          (c) Payment of money pursuant to an assignment of earnings presented by the office
1259     shall serve as full acquittance under any contract of employment, and the state shall defend the
1260     employer and hold the employer harmless for any action taken pursuant to the assignment of
1261     earnings.
1262          (d) The office shall be released from liability for improper receipt of money under an
1263     assignment of earnings upon return of any money so received.
1264          (2) An employer may not discharge or prejudice any employee because the employee's
1265     earnings have been subjected to support lien, wage assignment, or garnishment for any

1266     indebtedness under this part.
1267          (3) If an employer discharges an employee in violation of Subsection (2), the employer
1268     is liable to the employee for the damages the employee may suffer, and, additionally, to the
1269     office in an amount equal to the debt which is the basis of the assignment or garnishment, plus
1270     costs, interest, and attorney fees, or a maximum of $1,000, whichever is less.
1271          (4) The maximum part of the aggregate disposable earnings of an individual for any
1272     work pay period which may be subjected to a garnishment to enforce payment of a judicial or
1273     administrative judgment arising out of failure to support [dependent] children may not exceed
1274     50% of the individual's disposable earnings for the work pay period.
1275          (5) The support lien or garnishment shall continue to operate and require the employer
1276     to withhold the nonexempt portion of earnings at each succeeding earnings disbursement
1277     interval until released in writing by the court or office.
1278          Section 20. Section 26B-9-220 is amended to read:
1279          26B-9-220. Review and adjustment of child support order in three-year cycle --
1280     Substantial change in circumstances not required.
1281          (1) If a child support order has not been issued, modified, or reviewed within the
1282     previous three years, the office shall review a child support order, taking into account the best
1283     interests of the child involved, if:
1284          (a) requested by a parent or legal guardian involved in a case receiving IV-D services;
1285     or
1286          (b) there has been an assignment under Section 35A-3-108 and the office determines
1287     that a review is appropriate.
1288          (2) (a) If the office conducts a review under Subsection (1), the office shall determine
1289     if there is a difference of 10% or more between the amount ordered and the amount that would
1290     be required under the child support guidelines.
1291          (b) If there is such a difference and the difference is not of a temporary nature, the
1292     office shall:
1293          [(a)] (i) with respect to a child support order issued or modified by the office, adjust the
1294     amount to that which is provided for in the child support guidelines; or
1295          [(b)] (ii) with respect to a child support order issued or modified by a court, file [a
1296     petition] the appropriate pleading with the court to adjust the amount to that which is provided

1297     for in the child support guidelines.
1298          (3) The office may use automated methods to:
1299          (a) collect information and conduct reviews under Subsection (2); and
1300          (b) identify child support orders in which there is a difference of 10% or more between
1301     the amount of child support ordered and the amount that would be required under the child
1302     support guidelines for review under Subsection (1)(b).
1303          (4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
1304     provide notice of the request to the other parent within five days and in accordance with
1305     Section 26B-9-207.
1306          (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
1307     provide notice to the parties of:
1308          (i) a proposed adjustment under Subsection [(2)(a)] (2)(b)(i); or
1309          (ii) a proposed [petition] pleading to be filed in court under Subsection [(2)(b)]
1310     (2)(b)(ii).
1311          (5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
1312     guardian may respond to a request for review filed with the office.
1313          (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal
1314     guardian may contest a proposed adjustment or petition by requesting a review under
1315     Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
1316          (6) A showing of a substantial change in circumstances is not necessary for an
1317     adjustment under this section.
1318          Section 21. Section 26B-9-221 is amended to read:
1319          26B-9-221. Review and adjustment of support order for substantial change in
1320     circumstances outside three-year cycle.
1321          (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
1322     office, if there has been an assignment under Section 35A-3-108, may at any time request the
1323     office to review a child support order if there has been a substantial change in circumstances.
1324          (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
1325     include:
1326          (i) material changes in custody;
1327          (ii) material changes in the relative wealth or assets of the parties;

1328          (iii) material changes of 30% or more in the income of a parent;
1329          (iv) material changes in the ability of a parent to earn;
1330          (v) material changes in the medical needs of the child; and
1331          (vi) material changes in the legal responsibilities of either parent for the support of
1332     others.
1333          (2) (a) Upon receiving a request under Subsection (1), the office shall review the order,
1334     taking into account the best interests of the child involved, to determine whether the substantial
1335     change in circumstance has occurred, and if so, whether the change resulted in a difference of
1336     15% or more between the amount of child support ordered and the amount that would be
1337     required under the child support guidelines.
1338          (b) If there is such a difference and the difference is not of a temporary nature, the
1339     office shall:
1340          [(a)] (i) with respect to a support order issued or modified by the office, adjust the
1341     amount in accordance with the child support guidelines; or
1342          [(b)] (ii) with respect to a support order issued or modified by a court, file a petition
1343     with the court to adjust the amount in accordance with the child support guidelines.
1344          (3) The office may use automated methods to collect information for a review
1345     conducted under Subsection (2).
1346          (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
1347     provide notice of the request to the other parent within five days and in accordance with
1348     Section 26B-9-207.
1349          (b) If the office initiates and conducts a review under Subsection (1), the office shall
1350     provide notice of the request to any parent or legal guardian within five days and in accordance
1351     with Section 26B-9-207.
1352          (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
1353     may file a response to a request for review with the office.
1354          Section 22. Section 26B-9-224 is amended to read:
1355          26B-9-224. Medical and dental expenses of a child -- Health insurance for a child.
1356               (1) As used in this section, "health insurance" means the same as that term is
1357     defined in Section 31A-1-301.
1358          (2) In any action under this part, the office and the department in their orders shall

1359     include:
1360          [(1)] (a) [include] a provision assigning responsibility for cash medical support;
1361          [(2)] (b) [include] a provision requiring the purchase and maintenance of appropriate
1362     [medical, hospital, and dental care] health insurance for [those children] the child, if:
1363          [(a)] (i) insurance coverage is or becomes available at a reasonable cost; and
1364          [(b)] (ii) the insurance coverage is accessible to the [children] child; and
1365          [(3)] (c) [include] a designation of which [health, dental or hospital] health insurance
1366     plan[,] is primary and which is secondary in accordance with the provisions of Section
1367     [30-3-5.4] 81-6-208, which will take effect if at any time the [dependent children are] child is
1368     covered by both parents' [health, hospital, or dental] health insurance plans.
1369          Section 23. Section 26B-9-225 is amended to read:
1370          26B-9-225. Enrollment of child in accident and health insurance plan -- Order --
1371     Notice.
1372          (1) The office may issue a notice to existing and future employers or unions to enroll a
1373     [dependent] child in an accident and health insurance plan that is available through the
1374     [dependent] child's parent or legal guardian's employer or union, when the following conditions
1375     are satisfied:
1376          (a) the parent or legal guardian is already required to obtain insurance coverage for the
1377     child by a prior court or administrative order; and
1378          (b) the parent or legal guardian has failed to provide written proof to the office that:
1379          (i) the child has been enrolled in an accident and health insurance plan in accordance
1380     with the court or administrative order; or
1381          (ii) the coverage required by the order was not available at group rates through the
1382     employer or union 30 or more days prior to the date of the mailing of the notice to enroll.
1383          (2) The office shall provide concurrent notice to the parent or legal guardian in
1384     accordance with Section 26B-9-207 of:
1385          (a) the notice to enroll sent to the employer or union; and
1386          (b) the opportunity to contest the enrollment due to a mistake of fact by filing a written
1387     request for an adjudicative proceeding with the office within 15 days of the notice being sent.
1388          (3) A notice to enroll shall result in the enrollment of the child in the parent's accident
1389     and health insurance plan, unless the parent successfully contests the notice based on a mistake

1390     of fact.
1391          (4) A notice to enroll issued under this section may be considered a "qualified medical
1392     support order" for the purposes of enrolling a [dependent] child in a group accident and health
1393     insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
1394     of 1974.
1395          Section 24. Section 26B-9-226 is amended to read:
1396          26B-9-226. Compliance with order -- Enrollment of child for insurance.
1397          (1) An employer or union shall comply with a notice to enroll issued by the office
1398     under Section 26B-9-225 by enrolling the [dependent] child that is the subject of the notice in
1399     the:
1400          (a) accident and health insurance plan in which the parent or legal guardian is enrolled,
1401     if the plan satisfies the prior court or administrative order; or
1402          (b) least expensive plan, assuming equivalent benefits, offered by the employer or
1403     union that complies with the prior court or administrative order which provides coverage that is
1404     reasonably accessible to the [dependent] child.
1405          (2) The employer, union, or insurer may not refuse to enroll a [dependent] child
1406     pursuant to a notice to enroll because a parent or legal guardian has not signed an enrollment
1407     application.
1408          (3) Upon enrollment of the [dependent] child, the employer shall deduct the
1409     appropriate premiums from the parent or legal guardian's wages and remit [them] the premiums
1410     directly to the insurer.
1411          (4) The insurer shall provide proof of insurance to the office upon request.
1412          (5) The signature of the custodial parent of the insured [dependent] child is a valid
1413     authorization to the insurer for purposes of processing any insurance reimbursement claim.
1414          Section 25. Section 26B-9-230 is amended to read:
1415          26B-9-230. Right to judicial review.
1416          (1) (a) Within 30 days of notice of any administrative action on the part of the office to
1417     establish paternity or establish, modify or enforce a child support order, the obligor may file a
1418     petition for de novo review with the district court.
1419          (b) For purposes of Subsection (1)(a), notice includes:
1420          (i) notice actually received by the obligor in accordance with Section 26B-9-207;

1421          (ii) participation by the obligor in the proceedings related to the establishment of the
1422     paternity or the modification or enforcement of child support; or
1423          (iii) receiving a paycheck in which a reduction has been made for child support.
1424          (2) The petition shall name the office and all other appropriate parties as respondents
1425     and meet the form requirements specified in Section 63G-4-402.
1426          (3) A copy of the petition shall be served upon the Child and Family Support Division
1427     of the Office of Attorney General.
1428          (4) (a) If the petition is regarding the amount of the child support obligation established
1429     in accordance with [Title 78B, Chapter 12, Utah Child Support Act] Title 81, Chapter 6, Child
1430     Support, the court may issue a temporary order for child support until a final order is issued.
1431          (b) The petitioner may file an affidavit stating the amount of child support reasonably
1432     believed to be due and the court may issue a temporary order for that amount. The temporary
1433     order shall be valid for 60 days, unless extended by the court while the action is being pursued.
1434          (c) If the court upholds the amount of support established in Subsection (4)(a), the
1435     petitioner shall be ordered to make up the difference between the amount originally ordered in
1436     Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
1437          (d) This Subsection (4) does not apply to an action for the court-ordered modification
1438     of a judicial child support order.
1439          (5) (a) The court may, on its own initiative and based on the evidence before it,
1440     determine whether the petitioner violated [U.R. Civ. P.] Rule 11 of the Utah Rules of Civil
1441     Procedure by filing the action.
1442          (b) If the court determines that [U.R. Civ. P.] Rule 11 of the Utah Rules of Civil
1443     Procedure was violated, it shall, at a minimum, award to the office attorney fees and costs for
1444     the action.
1445          (6) Nothing in this section precludes the obligor from seeking administrative remedies
1446     as provided in this chapter.
1447          Section 26. Section 26B-9-301 is amended to read:
1448          26B-9-301. Definitions.
1449          As used in this part and Part 4, Income Withholding in Non IV-D Cases:
1450          (1) "Business day" means a day on which state offices are open for regular business.
1451          (2) "Child" means the same as that term is defined in Section [26B-9-201] 81-6-101.

1452          [(3) (a) "Child support" means a base child support award as defined in Section
1453     78B-12-102, or a financial award for uninsured monthly medical expenses, ordered by a
1454     tribunal for the support of a child, including current periodic payments, all arrearages which
1455     accrue under an order for current periodic payments, and sum certain judgments awarded for
1456     arrearages, medical expenses, and child care costs.]
1457          [(b) "Child support" includes obligations ordered by a tribunal for the support of a
1458     spouse or former spouse with whom the child resides if the spousal support is collected with
1459     the child support.]
1460          (3) "Child support" means the same as that term is defined in Section 26B-9-101.
1461          (4) "Child support order" means [a judgment, decree, or order, whether temporary,
1462     final, or subject to modification, issued by a tribunal for child support and related costs and
1463     fees, interest and penalties, income withholding, attorney fees, and other relief] the same as that
1464     term is defined in Section 26B-9-201.
1465          (5) "Child support services" means the same as that term is defined in Section
1466     26B-9-101.
1467          (6) ["Delinquent" or "delinquency"] "Delinquency" means that child support in an
1468     amount at least equal to current child support payable for one month is overdue.
1469          (7) "Delinquent" means delinquency.
1470          [(7)] (8) "Immediate income withholding" means income withholding without regard
1471     to whether a delinquency has occurred.
1472          [(8)] (9) "Income" means the same as that term is defined in Section 26B-9-101.
1473          (10) "IV-D services" means the same as that term is defined in Section 26B-9-201.
1474          [(9)] (11) "Jurisdiction" means a state or political subdivision of the United States, a
1475     territory or possession of the United States, the District of Columbia, the Commonwealth of
1476     Puerto Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
1477     subdivision.
1478          [(10)] (12) "Obligee" means the same as that term is defined in Section 26B-9-201.
1479          [(11)] (13) "Obligor" means the same as that term is defined in Section 26B-9-201.
1480          [(12)] (14) "Office" means the Office of Recovery Services.
1481          [(13)] (15) "Payor" means an employer or any person who is a source of income to an
1482     obligor.

1483          [(14) "Support order" means the same as child support order.]
1484          Section 27. Section 26B-9-303 is amended to read:
1485          26B-9-303. Provision for income withholding in child support order -- Immediate
1486     income withholding.
1487          (1) Whenever a child support order is issued or modified in this state the obligor's
1488     income is subject to immediate income withholding for the child support described in the order
1489     in accordance with the provisions of this chapter, unless:
1490          (a) the court or administrative body which entered the order finds that one of the
1491     parties has demonstrated good cause so as not to require immediate income withholding; or
1492          (b) a written agreement which provides an alternative payment arrangement is executed
1493     by the obligor and obligee, and reviewed and entered in the record by the court or
1494     administrative body.
1495          (2) (a) In every child support order issued or modified on or after January 1, 1994, the
1496     court or administrative body shall include a provision that the income of an obligor is subject to
1497     immediate income withholding in accordance with this chapter.
1498          (b) If for any reason other than the provisions of Subsection (1) that provision is not
1499     included in the child support order the obligor's income is nevertheless subject to immediate
1500     income withholding.
1501          (3) In determining ["good cause,"] good cause, the court or administrative body may, in
1502     addition to any other requirement it considers appropriate, consider whether the obligor has:
1503          (a) obtained a bond, deposited money in trust for the benefit of the [dependent
1504     children] children, or otherwise made arrangements sufficient to guarantee child support
1505     payments for at least two months;
1506          (b) arranged to deposit all child support payments into a checking account belonging to
1507     the obligee, or made arrangements insuring that a reliable and independent record of the date
1508     and place of child support payments will be maintained; or
1509          (c) arranged for electronic transfer of funds on a regular basis to meet court-ordered
1510     child support obligations.
1511          Section 28. Section 26B-9-304 is amended to read:
1512          26B-9-304. Office procedures for income withholding for orders issued or
1513     modified on or after October 13, 1990.

1514          (1) With regard to obligees or obligors who are receiving IV-D services, each child
1515     support order issued or modified on or after October 13, 1990, subjects the income of an
1516     obligor to immediate income withholding as of the effective date of the order, regardless of
1517     whether a delinquency occurs unless:
1518          (a) the court or administrative body that entered the order finds that one of the parties
1519     has demonstrated good cause not to require immediate income withholding; or
1520          (b) a written agreement that provides an alternative arrangement is executed by the
1521     obligor and obligee, and by the office, if there is an assignment under Section 35A-3-108, and
1522     reviewed and entered in the record by the court or administrative body.
1523          (2) For purposes of this section:
1524          (a) ["good cause"] good cause shall be based on, at a minimum:
1525          (i) a determination and explanation on the record by the court or administrative body
1526     that implementation of income withholding would not be in the best interest of the child; and
1527          (ii) proof of timely payment of any previously ordered support; and
1528          (b) in determining ["good cause,"] good cause, the court or administrative body may, in
1529     addition to any other requirement that it determines appropriate, consider whether the obligor
1530     has:
1531          (i) obtained a bond, deposited money in trust for the benefit of the [dependent children]
1532     children, or otherwise made arrangements sufficient to guarantee child support payments for at
1533     least two months; and
1534          (ii) arranged to deposit all child support payments into a checking account belonging to
1535     the obligee or made arrangements insuring that a reliable and independent record of the date
1536     and place of child support payments will be maintained.
1537          (3) An exception from immediate income withholding shall be:
1538          (a) included in the court or administrative agency's child support order; and
1539          (b) negated without further administrative or judicial action:
1540          (i) upon a delinquency;
1541          (ii) upon the obligor's request; or
1542          (iii) if the office, based on internal procedures and standards, or a party requests
1543     immediate income withholding for a case in which the parties have entered into an alternative
1544     arrangement to immediate income withholding pursuant to Subsection (1)(b).

1545          (4) If an exception to immediate income withholding has been ordered on the basis of
1546     good cause under Subsection (1)(a), the office may commence income withholding under this
1547     part:
1548          (a) in accordance with Subsection (3)(b); or
1549          (b) if the administrative or judicial body that found good cause determines that
1550     circumstances no longer support that finding.
1551          (5) (a) A party may contest income withholding due to a mistake of fact by filing a
1552     written objection with the office within 15 days of the commencement of income withholding
1553     under Subsection (4).
1554          (b) If a party contests income withholding under Subsection (5)(a), the office shall
1555     proceed with the objection as it would an objection filed under Section 26B-9-305.
1556          (6) Income withholding implemented under this section is subject to termination under
1557     Section 26B-9-308.
1558          (7) (a) Income withholding under the order may be effective until the obligor no longer
1559     owes child support to the obligee.
1560          (b) Appropriate income withholding procedures apply to existing and future payors and
1561     all withheld income shall be submitted to the office.
1562          Section 29. Section 26B-9-403 is amended to read:
1563          26B-9-403. Child support orders issued or modified on or after January 1, 1994 --
1564     Immediate income withholding.
1565          (1) With regard to obligees or obligors who are not receiving IV-D services, each child
1566     support order issued or modified on or after January 1, 1994, subjects the income of an obligor
1567     to immediate income withholding as of the effective date of the order, regardless of whether a
1568     delinquency occurs unless:
1569          (a) the court or administrative body that entered the order finds that one of the parties
1570     has demonstrated good cause so as not to require immediate income withholding; or
1571          (b) a written agreement which provides an alternative payment arrangement is executed
1572     by the obligor and obligee, and reviewed and entered in the record by the court or
1573     administrative body.
1574          (2) For purposes of this section:
1575          (a) an action on or after January 1, 1994, to reduce child support arrears to judgment,

1576     without a corresponding establishment of or modification to a base child support amount, is not
1577     sufficient to trigger immediate income withholding;
1578          (b) ["good cause"] good cause shall be based on, at a minimum:
1579          (i) a determination and explanation on the record by the court or administrative body
1580     that implementation of income withholding would not be in the best interest of the child; and
1581          (ii) proof of timely payment of any previously ordered support; and
1582          (c) in determining ["good cause,"] good cause, the court or administrative body may, in
1583     addition to any other requirement it considers appropriate, consider whether the obligor has:
1584          (i) obtained a bond, deposited money in trust for the benefit of the [dependent children]
1585     children, or otherwise made arrangements sufficient to guarantee child support payments for at
1586     least two months;
1587          (ii) arranged to deposit all child support payments into a checking account belonging to
1588     the obligee, or made arrangements insuring that a reliable and independent record of the date
1589     and place of child support payments will be maintained; or
1590          (iii) arranged for electronic transfer of funds on a regular basis to meet court-ordered
1591     child support obligations.
1592          (3) In cases where the court or administrative body that entered the order finds a
1593     demonstration of good cause or enters a written agreement that immediate income withholding
1594     is not required, in accordance with this section, any party may subsequently pursue income
1595     withholding on the earliest of the following dates:
1596          (a) the date payment of child support becomes delinquent;
1597          (b) the date the obligor requests;
1598          (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists;
1599     or
1600          (d) the date the court or administrative body so modifies that order.
1601          (4) The court shall include in every child support order issued or modified on or after
1602     January 1, 1994, a provision that the income of an obligor is subject to income withholding in
1603     accordance with this chapter; however, if for any reason that provision is not included in the
1604     child support order, the obligor's income is nevertheless subject to income withholding.
1605          (5) (a) In any action to establish or modify a child support order after July 1, 1997, the
1606     court, upon request by the obligee or obligor, shall commence immediate income withholding

1607     by ordering the clerk of the court or the requesting party to:
1608          (i) mail written notice to the payor at the payor's last-known address that contains the
1609     information required by Section 26B-9-407; and
1610          (ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a
1611     copy of the support order to the office.
1612          (b) If neither the obligee nor obligor requests commencement of income withholding
1613     under Subsection (5)(a), the court shall include in the order to establish or modify child support
1614     a provision that the obligor or obligee may commence income withholding by:
1615          (i) applying for IV-D services with the office; or
1616          (ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
1617     Section 26B-9-405.
1618          (c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with
1619     the requirements of Section 26B-9-408.
1620          Section 30. Section 26B-9-405 is amended to read:
1621          26B-9-405. Procedures for commencing income withholding.
1622          (1) If income withholding has not been commenced in connection with a child support
1623     order, an obligee or obligor may commence income withholding by:
1624          (a) applying for IV-D services from the office; or
1625          (b) filing an ex parte motion for income withholding with a district court of competent
1626     jurisdiction.
1627          (2) The office shall commence income withholding in accordance with Part 3, Income
1628     Withholding in IV-D Cases, upon receipt of an application for IV-D services under Subsection
1629     (1)(a).
1630          (3) A court shall grant an ex parte motion to commence income withholding filed
1631     under Subsection (1)(b) regardless of whether the child support order provided for income
1632     withholding, if the obligee provides competent evidence showing:
1633          (a) the child support order was issued or modified after January 1, 1994, and the
1634     obligee or obligor expresses a desire to commence income withholding;
1635          (b) the child support order was issued or modified after January 1, 1994, and the order
1636     contains a good cause exception to income withholding as provided for in Section 26B-9-403,
1637     and a delinquency has occurred; or

1638          (c) the child support order was issued or modified before January 1, 1994, and a
1639     delinquency has occurred.
1640          (4) If a court grants an ex parte motion under Subsection (3), the court shall order the
1641     clerk of the court or the requesting party to:
1642          (a) mail written notice to the payor at the payor's last-known address that contains the
1643     information required by Section 26B-9-407;
1644          (b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the
1645     nonrequesting party's address and a copy of the child support order and the notice to the payor
1646     to the office; and
1647          (c) if the obligee is the requesting party, send notice to the obligor under Section
1648     26B-9-207 that includes:
1649          (i) a copy of the notice sent to the payor; and
1650          (ii) information regarding:
1651          (A) the commencement of income withholding; and
1652          (B) the opportunity to contest the withholding or the amount withheld due to mistake
1653     of fact by filing an objection with the court within 20 days.
1654          (5) A payor who receives written notice under Subsection (4)(a) shall comply with the
1655     requirements of Section 26B-9-408.
1656          (6) If an obligor contests withholding, the court shall:
1657          (a) provide an opportunity for the obligor to present evidence supporting his claim of a
1658     mistake of fact;
1659          (b) decide whether income withholding should continue;
1660          (c) notify the parties of the decision; and
1661          (d) at the obligor's option, return or credit toward the most current and future support
1662     payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
1663          Section 31. Section 26B-9-501 is amended to read:
1664          26B-9-501. Definitions.
1665          As used in this part:
1666          (1) "Business day" means the same as that term is defined in Section 26B-9-301.
1667          [(1)] (2) "Child support" [is as defined in Section 26B-9-301] means the same as that
1668     term is defined in Section 26B-9-101.

1669          [(2)] (3) "Delinquent on a child support obligation" means that a person:
1670          (a) (i) made no payment for 60 days on a current child support obligation as set forth in
1671     an administrative or court order;
1672          (ii) after the 60-day period described in Subsection [(2)(a)(i)] (3)(a)(i), failed to make a
1673     good faith effort under the circumstances to make payment on the child support obligation in
1674     accordance with the order; and
1675          (iii) has not obtained a judicial order staying enforcement of the person's child support
1676     obligation, or the amount in arrears; or
1677          (b) (i) made no payment for 60 days on an arrearage obligation of child support as set
1678     forth in:
1679          (A) a payment schedule;
1680          (B) a written agreement with the office; or
1681          (C) an administrative or judicial order;
1682          (ii) after the 60-day period described in Subsection [(2)(b)(i)] (3)(b)(i), failed to make a
1683     good faith effort under the circumstances to make payment on the child support obligation in
1684     accordance with the payment schedule, agreement, or order; and
1685          (iii) has not obtained a judicial order staying enforcement of the person's child support
1686     obligation, or the amount in arrears.
1687          [(3)] (4) "Driver license" means a license, as defined in Section 53-3-102.
1688          [(4)] (5) "Driver License Division" means the Driver License Division of the
1689     Department of Public Safety created in Section 53-3-103.
1690          [(5)] (6) "Office" means the Office of Recovery Services.
1691          Section 32. Section 31A-22-610.5 is amended to read:
1692          31A-22-610.5. Dependent coverage.
1693          (1) As used in this section, "child" [has the same meaning as defined in Section
1694     78B-12-102] means the same as that term is defined in Section 81-6-101.
1695          (2) (a) Any individual or group accident and health insurance policy or managed care
1696     organization contract that provides coverage for a policyholder's or certificate holder's
1697     dependent:
1698          (i) may not terminate coverage of an unmarried dependent by reason of the dependent's
1699     age before the dependent's 26th birthday; and

1700          (ii) shall, upon application, provide coverage for all unmarried dependents up to age
1701     26.
1702          (b) The cost of coverage for unmarried dependents 19 to 26 years old shall be included
1703     in the premium on the same basis as other dependent coverage.
1704          (c) This section does not prohibit the employer from requiring the employee to pay all
1705     or part of the cost of coverage for unmarried dependents.
1706          (d) An individual or group health insurance policy or managed care organization shall
1707     continue in force coverage for a dependent through the last day of the month in which the
1708     dependent ceases to be a dependent:
1709          (i) if premiums are paid; and
1710          (ii) notwithstanding Sections 31A-22-618.6 and 31A-22-618.7.
1711          (3) (a) When a parent is required by a court or administrative order to provide health
1712     insurance coverage for a child, an accident and health insurer may not deny enrollment of a
1713     child under the accident and health insurance plan of the child's parent on the grounds the
1714     child:
1715          (i) was born out of wedlock and is entitled to coverage under Subsection (4);
1716          (ii) was born out of wedlock and the custodial parent seeks enrollment for the child
1717     under the custodial parent's policy;
1718          (iii) is not claimed as a dependent on the parent's federal tax return;
1719          (iv) does not reside with the parent; or
1720          (v) does not reside in the insurer's service area.
1721          (b) A child enrolled as required under Subsection (3)(a)(iv) is subject to the terms of
1722     the accident and health insurance plan contract pertaining to services received outside of an
1723     insurer's service area.
1724          (4) When a child has accident and health coverage through an insurer of a noncustodial
1725     parent, and when requested by the noncustodial or custodial parent, the insurer shall:
1726          (a) provide information to the custodial parent as necessary for the child to obtain
1727     benefits through that coverage, but the insurer or employer, or the agents or employees of either
1728     of them, are not civilly or criminally liable for providing information in compliance with this
1729     Subsection (4)(a), whether the information is provided pursuant to a verbal or written request;
1730          (b) permit the custodial parent or the service provider, with the custodial parent's

1731     approval, to submit claims for covered services without the approval of the noncustodial
1732     parent; and
1733          (c) make payments on claims submitted in accordance with Subsection (4)(b) directly
1734     to the custodial parent, the child who obtained benefits, the provider, or the state Medicaid
1735     agency.
1736          (5) When a parent is required by a court or administrative order to provide health
1737     coverage for a child, and the parent is eligible for family health coverage, the insurer shall:
1738          (a) permit the parent to enroll, under the family coverage, a child who is otherwise
1739     eligible for the coverage without regard to an enrollment season restrictions;
1740          (b) if the parent is enrolled but fails to make application to obtain coverage for the
1741     child, enroll the child under family coverage upon application of the child's other parent, the
1742     state agency administering the Medicaid program, or the state agency administering 42 U.S.C.
1743     [Sec.] Secs. 651 through 669, the child support enforcement program; and
1744          (c) (i) when the child is covered by an individual policy, not disenroll or eliminate
1745     coverage of the child unless the insurer is provided satisfactory written evidence that:
1746          (A) the court or administrative order is no longer in effect; or
1747          (B) the child is or will be enrolled in comparable accident and health coverage through
1748     another insurer which will take effect not later than the effective date of disenrollment; or
1749          (ii) when the child is covered by a group policy, not disenroll or eliminate coverage of
1750     the child unless the employer is provided with satisfactory written evidence, which evidence is
1751     also provided to the insurer, that Subsection (8)(c)(i), (ii), or (iii) has happened.
1752          (6) An insurer may not impose requirements on a state agency that has been assigned
1753     the rights of an individual eligible for medical assistance under Medicaid and covered for
1754     accident and health benefits from the insurer that are different from requirements applicable to
1755     an agent or assignee of any other individual so covered.
1756          (7) Insurers may not reduce their coverage of pediatric vaccines below the benefit level
1757     in effect on May 1, 1993.
1758          (8) When a parent is required by a court or administrative order to provide health
1759     coverage, which is available through an employer doing business in this state, the employer
1760     shall:
1761          (a) permit the parent to enroll under family coverage any child who is otherwise

1762     eligible for coverage without regard to any enrollment season restrictions;
1763          (b) if the parent is enrolled but fails to make application to obtain coverage of the child,
1764     enroll the child under family coverage upon application by the child's other parent, by the state
1765     agency administering the Medicaid program, or the state agency administering 42 U.S.C. Sec.
1766     651 through 669, the child support enforcement program;
1767          (c) not disenroll or eliminate coverage of the child unless the employer is provided
1768     satisfactory written evidence that:
1769          (i) the court order is no longer in effect;
1770          (ii) the child is or will be enrolled in comparable coverage which will take effect no
1771     later than the effective date of disenrollment; or
1772          (iii) the employer has eliminated family health coverage for all of its employees; and
1773          (d) withhold from the employee's compensation the employee's share, if any, of
1774     premiums for health coverage and to pay this amount to the insurer.
1775          (9) An order issued under Section 26B-9-225 may be considered a "qualified medical
1776     support order" for the purpose of enrolling a [dependent] child in a group accident and health
1777     insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
1778     of 1974.
1779          (10) This section does not affect any insurer's ability to require as a precondition of any
1780     child being covered under any policy of insurance that:
1781          (a) the parent continues to be eligible for coverage;
1782          (b) the child shall be identified to the insurer with adequate information to comply with
1783     this section; and
1784          (c) the premium shall be paid when due.
1785          (11) This section applies to employee welfare benefit plans as defined in Section
1786     26B-3-1001.
1787          (12) (a) A policy that provides coverage to a child of a group member may not deny
1788     eligibility for coverage to a child solely because:
1789          (i) the child does not reside with the insured; or
1790          (ii) the child is solely dependent on a former spouse of the insured rather than on the
1791     insured.
1792          (b) A child who does not reside with the insured may be excluded on the same basis as

1793     a child who resides with the insured.
1794          Section 33. Section 35A-3-307 is amended to read:
1795          35A-3-307. Cash assistance to a single minor parent.
1796          (1) The department may provide cash assistance to a single minor parent in accordance
1797     with this section.
1798          (2) A single minor parent who receives cash assistance under this part shall:
1799          (a) except as provided under Subsection (3), reside in a place of residence maintained
1800     by a parent, legal guardian, or other adult relative of the single minor parent;
1801          (b) participate in education for parenting and life skills;
1802          (c) participate in infant and child wellness programs approved by the department; and
1803          (d) for at least 20 hours per week:
1804          (i) if the single minor parent does not have a high school diploma, attend high school
1805     or an alternative to high school;
1806          (ii) participate in education or training; or
1807          (iii) participate in a combination of employment and education or training.
1808          (3) (a) If the department determines that the requirements of Subsection (2)(a) are not
1809     appropriate for a single minor parent, the department may assist the single minor parent to
1810     obtain suitable living arrangements, including an adult-supervised living arrangement.
1811          (b) The department may only provide cash assistance to a single minor parent who is
1812     exempt from the requirements of Subsection (2)(a) if the single minor parent resides in a living
1813     arrangement that is approved by the department.
1814          (c) The approval by the department of a living arrangement under Subsection (3)(b):
1815          (i) is a means of safeguarding the use of state and federal funds; and
1816          (ii) is not a certification or guarantee of the safety, quality, or condition of the living
1817     arrangements of the single minor parent.
1818          (4) (a) If a single minor parent resides with a parent, the department shall include the
1819     income of the parent of the single minor parent in determining the single minor parent's
1820     eligibility for services under this part.
1821          (b) If a single minor parent receives services under this chapter but does not reside with
1822     a parent, the department shall seek an order under [Title 78B, Chapter 12, Utah Child Support
1823     Act] Title 81, Chapter 6, Child Support, requiring the parent of the single minor parent to

1824     financially support the single minor parent.
1825          (5) The requirements of this section shall be included in a single minor parent's
1826     employment plan under Section 35A-3-304.
1827     The following section is affected by a coordination clause at the end of this bill.
1828          Section 34. Section 51-9-408 is amended to read:
1829          51-9-408. Children's Legal Defense Account.
1830          (1) There is created a restricted account within the General Fund known as the
1831     Children's Legal Defense Account.
1832          (2) The purpose of the Children's Legal Defense Account is to provide for programs
1833     that protect and defend the rights, safety, and quality of life of children.
1834          (3) (a) The Legislature shall appropriate money from the account for the administrative
1835     and related costs of the following programs:
1836          (i) implementing the [Mandatory Educational Course on Children's Needs for
1837     Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4,
1838     30-3-10.3, 30-3-11.3, and the Mediation Program - Child Custody or Parent-time] mandatory
1839     educational course described in Section 81-4-106 and the mediation program for child custody
1840     and parent-time;
1841          (ii) implementing the use of guardians ad litem in accordance with Sections
1842     78A-2-703, 78A-2-705, 78A-2-803, and 78B-3-102;
1843          (iii) the training of attorney guardians ad litem and volunteers as provided in Section
1844     78A-2-803;
1845          (iv) implementing and administering the Expedited Parent-time Enforcement Program
1846     as provided in Section [30-3-38] 81-9-102; and
1847          (v) implementing and administering the Divorce Education for Children Program.
1848          (b) The Children's Legal Defense Account may not be used to supplant funding for the
1849     guardian ad litem program under Section 78A-2-803.
1850          (4) The following withheld fees shall be allocated only to the Children's Legal Defense
1851     Account and used only for the purposes provided in Subsections (3)(a)(i) through (v):
1852          (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
1853     as provided in Section 17-16-21; and
1854          (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any

1855     complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
1856          (5) The Division of Finance shall allocate the money described in Subsection (4) from
1857     the General Fund to the Children's Legal Defense Account.
1858          (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
1859     of any fiscal year shall lapse into the General Fund.
1860          Section 35. Section 58-60-112 is amended to read:
1861          58-60-112. Reporting of unprofessional or unlawful conduct -- Immunity from
1862     liability -- Reporting conduct of court-appointed therapist.
1863          (1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section
1864     58-60-102 by a person licensed under this chapter or an individual not licensed under this
1865     chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary
1866     action by a licensed health care facility, professional practice group, or professional society, or
1867     that results in a significant adverse impact upon the public health, safety, or welfare, the
1868     following shall report the conduct in writing to the division within 10 days after learning of the
1869     disciplinary action or the conduct unless the individual or person knows it has been reported:
1870          (a) a licensed health care facility or organization in which an individual licensed under
1871     this chapter engages in practice;
1872          (b) an individual licensed under this chapter; and
1873          (c) a professional society or organization whose membership is individuals licensed
1874     under this chapter and which has the authority to discipline or expel a member for acts of
1875     unprofessional or unlawful conduct.
1876          (2) Any individual reporting acts of unprofessional or unlawful conduct by an
1877     individual licensed under this chapter is immune from liability arising out of the disclosure to
1878     the extent the individual furnishes the information in good faith and without malice.
1879          (3) (a) As used in this Subsection (3):
1880          (i) "Court-appointed therapist" means a mental health therapist ordered by a court to
1881     provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
1882          (ii) "Domestic case" means a proceeding under:
1883          [(A) Title 30, Chapter 3, Divorce;]
1884          [(B) Title 30, Chapter 4, Separate Maintenance;]
1885          [(C) Title 30, Chapter 5, Grandparents;]

1886          [(D) Title 30, Chapter 5a, Custody and Visitation for Individuals Other than Parents
1887     Act;]
1888          [(E)] (A) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
1889          [(F)] (B) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and
1890     Enforcement Act; [or]
1891          [(G)] (C) Title 78B, Chapter 15, Utah Uniform Parentage Act[.];
1892          (D) Title 81, Chapter 4, Dissolution of Marriage; or
1893          (E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
1894          (b) If a court appoints a court-appointed therapist in a domestic case, a party to the
1895     domestic case may not file a report against the court-appointed therapist for unlawful or
1896     unprofessional conduct during the pendency of the domestic case, unless:
1897          (i) the party has requested that the court release the court-appointed therapist from the
1898     appointment; and
1899          (ii) the court finds good cause to release the court-appointed therapist from the
1900     appointment.
1901          Section 36. Section 63G-20-201 is amended to read:
1902          63G-20-201. Provisions governing solemnizing or recognizing a marriage --
1903     Prohibition against employment actions.
1904          Notwithstanding any other provision of law, a state or local government or a state or
1905     local government official may not:
1906          (1) require a religious official, when acting as such, or religious organization to
1907     solemnize or recognize for ecclesiastical purposes a marriage that is contrary to that religious
1908     official's or religious organization's religious beliefs;
1909          (2) if the religious official or religious organization is authorized to solemnize a
1910     marriage by Section [30-1-6] 81-2-305, deny a religious official, when acting as such, or
1911     religious organization the authority to legally solemnize a legal marriage based on the religious
1912     official's or religious organization's refusal to solemnize any legal marriage that is contrary to
1913     the religious official's or religious organization's religious beliefs;
1914          (3) require a religious official, when acting as such, or religious organization to provide
1915     goods, accommodations, advantages, privileges, services, facilities, or grounds for activities
1916     connected with the solemnization or celebration of a marriage that is contrary to that religious

1917     official's or religious organization's religious beliefs; or
1918          (4) require a religious official, when acting as such, or religious organization to
1919     promote marriage through religious programs, counseling, courses, or retreats in a way that is
1920     contrary to that religious official's or religious organization's religious beliefs.
1921          Section 37. Section 63I-1-278 is amended to read:
1922          63I-1-278. Repeal dates: Title 78A and Title 78B.
1923          (1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing
1924     fees for petitions for expungement, are repealed on July 1, 2023.
1925          [(2) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
1926     repealed July 1, 2029.]
1927          [(3)] (2) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving
1928     a domestic violence offense from the justice court to the district court, is repealed on July 1,
1929     2024.
1930          (3) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
1931     repealed July 1, 2029.
1932          (4) Section 78B-4-518, regarding the limitation on employer liability for an employee
1933     convicted of an offense, is repealed on July 1, 2025.
1934          (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
1935     2026.
1936          [(6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
1937     Support Guidelines Advisory Committee, is repealed July 1, 2026.]
1938          [(7)] (6) Section 78B-22-805, regarding the Interdisciplinary Parental Representation
1939     Pilot Program, is repealed December 31, 2024.
1940          Section 38. Section 63I-1-281 is enacted to read:
1941          63I-1-281. Repeal dates: Title 81.
1942          Title 81, Chapter 6, Part 4, Child Support Guidelines Advisory Committee, is repealed
1943     July 1, 2026.
1944          Section 39. Section 63I-2-278 is amended to read:
1945          63I-2-278. Repeal dates: Title 78A and Title 78B.
1946          (1) Section 78A-2-804 is repealed on July 1, 2024.
1947          (2) Title 78A, Chapter 10, Judicial Selection Act, is repealed on July 1, 2023.

1948          (3) If Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from Unfiltered
1949     Devices, is not in effect before January 1, 2031, Title 78B, Chapter 6, Part 22, Cause of Action
1950     to Protect Minors from Unfiltered Devices, is repealed January 1, 2031.
1951          [(4) Sections 78B-12-301 and 78B-12-302 are repealed on January 1, 2025.]
1952          Section 40. Section 63I-2-281 is enacted to read:
1953          63I-2-281. Repeal dates: Title 81.
1954          Sections 81-6-302 and 81-6-303 are repealed on January 1, 2025.
1955          Section 41. Section 63M-15-204 is amended to read:
1956          63M-15-204. Commission duties.
1957          The commission shall:
1958          (1) promote coalitions and collaborative efforts to uphold and encourage a strong and
1959     healthy culture of strong and lasting marriages and stable families;
1960          (2) contribute to greater awareness of the importance of marriage in an effort to reduce
1961     divorce and unwed parenthood in the state;
1962          (3) promote public policies that support marriage;
1963          (4) promote programs and activities that educate individuals and couples on how to
1964     achieve strong, successful, and lasting marriages, including promoting and assisting in the
1965     offering of:
1966          (a) events;
1967          (b) classes and services, including those designed to promote strong, healthy, and
1968     lasting marriages and prevent domestic violence;
1969          (c) marriage and relationship education conferences for the public and professionals;
1970     and
1971          (d) enrichment seminars;
1972          (5) actively promote measures designed to maintain and strengthen marriage, family,
1973     and the relationships between spouses and parents and children;
1974          (6) support volunteerism and private financial contributions and grants in partnership
1975     with the commission and in support of the commission's purposes and activities for the benefit
1976     of the state as provided in this section;
1977          (7) regularly publicize information on premarital counseling and education services
1978     available in the state that comply with Section [30-1-34] 81-2-206;

1979          (8) approve an online course meeting the requirements of Section [30-1-34] 81-2-206;
1980     and
1981          (9) for purposes of Section [30-1-34] 81-2-206, recognize one or more national
1982     organizations that certify family life educators.
1983          Section 42. Section 76-8-1201 is amended to read:
1984          76-8-1201. Definitions.
1985          As used in this part:
1986          (1) "Client" means a person who receives or has received public assistance.
1987          (2) "Overpayment" has the same meaning as defined in Section 35A-3-102.
1988          (3) "Provider" [has the same meaning as defined in Section 26B-9-101] means a person
1989     or entity that receives compensation from any public assistance program for goods or services
1990     provided to a public assistance recipient.
1991          (4) "Public assistance" has the same meaning as defined in Section 35A-1-102.
1992          Section 43. Section 77-36-1 is amended to read:
1993          77-36-1. Definitions.
1994          As used in this chapter:
1995          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
1996          (2) "Department" means the Department of Public Safety.
1997          (3) "Divorced" means an individual who has obtained a divorce under [Title 30,
1998     Chapter 3, Divorce] Title 81, Chapter 4, Part 4, Divorce.
1999          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
2000     involving violence or physical harm or threat of violence or physical harm, or any attempt,
2001     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
2002     when committed by one cohabitant against another. "Domestic violence" or "domestic
2003     violence offense" includes commission or attempt to commit, any of the following offenses by
2004     one cohabitant against another:
2005          (a) aggravated assault, as described in Section 76-5-103;
2006          (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the
2007     intent to harass or threaten the other cohabitant;
2008          (c) assault, as described in Section 76-5-102;
2009          (d) criminal homicide, as described in Section 76-5-201;

2010          (e) harassment, as described in Section 76-5-106;
2011          (f) electronic communication harassment, as described in Section 76-9-201;
2012          (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
2013     76-5-301, 76-5-301.1, and 76-5-302;
2014          (h) mayhem, as described in Section 76-5-105;
2015          (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
2016     sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in
2017     Sections 76-5b-201 and 76-5b-201.1;
2018          (j) stalking, as described in Section 76-5-106.5;
2019          (k) unlawful detention or unlawful detention of a minor, as described in Section
2020     76-5-304;
2021          (l) violation of a protective order or ex parte protective order, as described in Section
2022     76-5-108;
2023          (m) any offense against property described in Title 76, Chapter 6, Part 1, Property
2024     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
2025     Part 3, Robbery;
2026          (n) possession of a deadly weapon with criminal intent, as described in Section
2027     76-10-507;
2028          (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
2029     person, building, or vehicle, as described in Section 76-10-508;
2030          (p) disorderly conduct, as defined in Section 76-9-102, if a conviction or adjudication
2031     of disorderly conduct is the result of a plea agreement in which the perpetrator was originally
2032     charged with a domestic violence offense otherwise described in this Subsection (4), except
2033     that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the
2034     manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of
2035     domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18
2036     U.S.C. Sec. 921 et seq.;
2037          (q) child abuse, as described in Section 76-5-114;
2038          (r) threatening use of a dangerous weapon, as described in Section 76-10-506;
2039          (s) threatening violence, as described in Section 76-5-107;
2040          (t) tampering with a witness, as described in Section 76-8-508;

2041          (u) retaliation against a witness or victim, as described in Section 76-8-508.3;
2042          (v) unlawful distribution of an intimate image, as described in Section 76-5b-203, or
2043     unlawful distribution of a counterfeit intimate image, as described in Section 76-5b-205;
2044          (w) sexual battery, as described in Section 76-9-702.1;
2045          (x) voyeurism, as described in Section 76-9-702.7;
2046          (y) damage to or interruption of a communication device, as described in Section
2047     76-6-108; or
2048          (z) an offense described in Subsection 78B-7-806(1).
2049          (5) "Jail release agreement" means the same as that term is defined in Section
2050     78B-7-801.
2051          (6) "Jail release court order" means the same as that term is defined in Section
2052     78B-7-801.
2053          (7) "Marital status" means married and living together, divorced, separated, or not
2054     married.
2055          (8) "Married and living together" means a couple whose marriage was solemnized
2056     under Section [30-1-4 or 30-1-6] 81-2-305 or 81-2-407 and who are living in the same
2057     residence.
2058          (9) "Not married" means any living arrangement other than married and living together,
2059     divorced, or separated.
2060          (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).
2061          (11) "Pretrial protective order" means a written order:
2062          (a) specifying and limiting the contact a person who has been charged with a domestic
2063     violence offense may have with an alleged victim or other specified individuals; and
2064          (b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803,
2065     pending trial in the criminal case.
2066          (12) "Sentencing protective order" means a written order of the court as part of
2067     sentencing in a domestic violence case that limits the contact an individual who is convicted or
2068     adjudicated of a domestic violence offense may have with a victim or other specified
2069     individuals under Section 78B-7-804.
2070          (13) "Separated" means a couple who have had their marriage solemnized under
2071     Section [30-1-4 or 30-1-6] 81-2-305 or 81-2-407 and who are not living in the same residence.

2072          (14) "Victim" means a cohabitant who has been subjected to domestic violence.
2073          Section 44. Section 77-38-615 is amended to read:
2074          77-38-615. Participation in the program -- Orders in relation to allocation of
2075     custody or parent-time.
2076          (1) A court may not consider a parent's participation in the program for the purpose of
2077     making an order allocating custody [under Section 30-3-10 or parent-time under Section
2078     30-3-32] or parent-time under Title 81, Chapter 9, Custody, Parent-time, and Visitation.
2079          (2) A court shall take practical measures to keep a program participant's actual address
2080     confidential when making an order allocating custody or parent-time.
2081          (3) Nothing in this part affects an order relating to the allocation of custody or
2082     parent-time in effect prior to or during a program participant's participation in the program.
2083          Section 45. Section 78A-2-301 is amended to read:
2084          78A-2-301. Civil fees of the courts of record -- Courts complex design.
2085          (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
2086     court of record not governed by another subsection is $375.
2087          (b) The fee for filing a complaint or petition is:
2088          (i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
2089     interest, and attorney fees is $2,000 or less;
2090          (ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
2091     interest, and attorney fees is greater than $2,000 and less than $10,000;
2092          (iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
2093          (iv) except as provided in Subsection (1)(b)(v), $325 if the petition is filed [under Title
2094     30, Chapter 3, Divorce, or Title 30, Chapter 4, Separate Maintenance;] for an action described
2095     in Title 81, Chapter 4, Dissolution of Marriage;
2096          (v) $35 for a [motion] petition for temporary separation [order filed under Section
2097     30-3-4.5] described in Section 81-4-104;
2098          (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
2099     Registry under Section 77-41-112; and
2100          (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
2101     adoptive child of the petitioner.
2102          (c) The fee for filing a small claims affidavit is:

2103          (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
2104     interest, and attorney fees is $2,000 or less;
2105          (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
2106     interest, and attorney fees is greater than $2,000, but less than $7,500; and
2107          (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
2108     interest, and attorney fees is $7,500 or more.
2109          (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
2110     complaint, or other claim for relief against an existing or joined party other than the original
2111     complaint or petition is:
2112          (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
2113     $2,000 or less;
2114          (ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
2115     greater than $2,000 and less than $10,000;
2116          (iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
2117     $10,000 or more, or the party seeks relief other than monetary damages; and
2118          (iv) $130 if the original petition is filed [under Title 30, Chapter 3, Divorce, or Title
2119     30, Chapter 4, Separate Maintenance] for an action described in Title 81, Chapter 4,
2120     Dissolution of Marriage.
2121          (e) The fee for filing a small claims counter affidavit is:
2122          (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
2123     $2,000 or less;
2124          (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
2125     greater than $2,000, but less than $7,500; and
2126          (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
2127     $7,500 or more.
2128          (f) The fee for depositing funds under Section 57-1-29 when not associated with an
2129     action already before the court is determined under Subsection (1)(b) based on the amount
2130     deposited.
2131          (g) The fee for filing a petition is:
2132          (i) $240 for trial de novo of an adjudication of the justice court or of the small claims
2133     department; and

2134          (ii) $80 for an appeal of a municipal administrative determination in accordance with
2135     Section 10-3-703.7.
2136          (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
2137     petition for writ of certiorari is $240.
2138          (i) The fee for filing a petition for expungement is $150.
2139          (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
2140     allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
2141     Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
2142     Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
2143     Act.
2144          (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
2145     allocated by the state treasurer to be deposited into the restricted account, Children's Legal
2146     Defense Account, as provided in Section 51-9-408.
2147          (iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
2148     and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
2149     in Section 78B-6-209.
2150          (iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
2151     (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
2152     deposited into the restricted account, Court Security Account, as provided in Section
2153     78A-2-602.
2154          (v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
2155     and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account,
2156     Court Security Account, as provided in Section 78A-2-602.
2157          (k) The fee for filing a judgment, order, or decree of a court of another state or of the
2158     United States is $35.
2159          (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
2160     50% of the fee for filing an original action seeking the same relief.
2161          (m) The fee for filing probate or child custody documents from another state is $35.
2162          (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
2163     State Tax Commission is $30.
2164          (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state

2165     or a judgment, order, or decree of an administrative agency, commission, board, council, or
2166     hearing officer of this state or of its political subdivisions other than the State Tax
2167     Commission, is $50.
2168          (o) The fee for filing a judgment by confession without action under Section
2169     78B-5-205 is $35.
2170          (p) The fee for filing an award of arbitration for confirmation, modification, or
2171     vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
2172     action before the court is $35.
2173          (q) The fee for filing a petition or counter-petition to modify a domestic relations order
2174     other than a protective order or stalking injunction is $100.
2175          (r) The fee for filing any accounting required by law is:
2176          (i) $15 for an estate valued at $50,000 or less;
2177          (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
2178          (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
2179          (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
2180          (v) $175 for an estate valued at more than $168,000.
2181          (s) The fee for filing a demand for a civil jury is $250.
2182          (t) The fee for filing a notice of deposition in this state concerning an action pending in
2183     another state under Utah Rules of Civil Procedure, Rule 30 is $35.
2184          (u) The fee for filing documents that require judicial approval but are not part of an
2185     action before the court is $35.
2186          (v) The fee for a petition to open a sealed record is $35.
2187          (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
2188     addition to any fee for a complaint or petition.
2189          (x) (i) The fee for a petition for authorization for a minor to marry required by Section
2190     [30-1-9] 81-2-304 is $5.
2191          (ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
2192     Emancipation, is $50.
2193          (y) The fee for a certificate issued under Section 26B-8-128 is $8.
2194          (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
2195     page.

2196          (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
2197     per page.
2198          (bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of
2199     documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
2200     Government Records Access and Management Act. Fees under Subsection (1)(bb) and (cc)
2201     shall be credited to the court as a reimbursement of expenditures.
2202          (cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
2203     the public to conduct a limited amount of searches on the Xchange database without having to
2204     pay a monthly subscription fee.
2205          (dd) There is no fee for services or the filing of documents not listed in this section or
2206     otherwise provided by law.
2207          (ee) Except as provided in this section, all fees collected under this section are paid to
2208     the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
2209     accepts the pleading for filing or performs the requested service.
2210          (ff) The filing fees under this section may not be charged to the state, the state's
2211     agencies, or political subdivisions filing or defending any action. In judgments awarded in
2212     favor of the state, its agencies, or political subdivisions, except the Office of Recovery
2213     Services, the court shall order the filing fees and collection costs to be paid by the judgment
2214     debtor. The sums collected under this Subsection (1)(ff) shall be applied to the fees after credit
2215     to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
2216          (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
2217     transfer all revenues representing the difference between the fees in effect after May 2, 1994,
2218     and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
2219     Construction and Management Capital Projects Fund.
2220          (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
2221     Construction and Management shall use up to $3,750,000 of the revenue deposited into the
2222     Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
2223     initiate the development of a courts complex in Salt Lake City.
2224          (B) If the Legislature approves funding for construction of a courts complex in Salt
2225     Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
2226     Management shall use the revenue deposited into the Capital Projects Fund under this

2227     Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
2228          (C) After the courts complex is completed and all bills connected with its construction
2229     have been paid, the Division of Facilities Construction and Management shall use any money
2230     remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
2231     District Court building.
2232          (iii) The Division of Facilities Construction and Management may enter into
2233     agreements and make expenditures related to this project before the receipt of revenues
2234     provided for under this Subsection (2)(a)(iii).
2235          (iv) The Division of Facilities Construction and Management shall:
2236          (A) make those expenditures from unexpended and unencumbered building funds
2237     already appropriated to the Capital Projects Fund; and
2238          (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
2239     under this Subsection (2).
2240          (b) After June 30, 1998, the state court administrator shall ensure that all revenues
2241     representing the difference between the fees in effect after May 2, 1994, and the fees in effect
2242     before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
2243     account.
2244          (c) The Division of Finance shall deposit all revenues received from the state court
2245     administrator into the restricted account created by this section.
2246          (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
2247     transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
2248     Vehicles, in a court of record to the Division of Facilities Construction and Management
2249     Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
2250     calculated on the balance of the fine or bail forfeiture paid.
2251          (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
2252     of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
2253     court of record to the Division of Finance for deposit in the restricted account created by this
2254     section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
2255     balance of the fine or bail forfeiture paid.
2256          (3) (a) There is created within the General Fund a restricted account known as the State
2257     Courts Complex Account.

2258          (b) The Legislature may appropriate money from the restricted account to the state
2259     court administrator for the following purposes only:
2260          (i) to repay costs associated with the construction of the court complex that were
2261     funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
2262          (ii) to cover operations and maintenance costs on the court complex.
2263          Section 46. Section 78A-5a-103 (Effective 10/01/24) is amended to read:
2264          78A-5a-103 (Effective 10/01/24). Concurrent jurisdiction of the Business and
2265     Chancery Court -- Exceptions.
2266          (1) The Business and Chancery Court has jurisdiction, concurrent with the district
2267     court, over an action:
2268          (a) seeking monetary damages of at least $300,000 or seeking solely equitable relief;
2269     and
2270          (b) (i) with a claim arising from:
2271          (A) a breach of a contract;
2272          (B) a breach of a fiduciary duty;
2273          (C) a dispute over the internal affairs or governance of a business organization;
2274          (D) the sale, merger, or dissolution of a business organization;
2275          (E) the sale of substantially all of the assets of a business organization;
2276          (F) the receivership or liquidation of a business organization;
2277          (G) a dispute over liability or indemnity between or among owners of the same
2278     business organization;
2279          (H) a dispute over liability or indemnity of an officer or owner of a business
2280     organization;
2281          (I) a tortious or unlawful act committed against a business organization, including an
2282     act of unfair competition, tortious interference, or misrepresentation or fraud;
2283          (J) a dispute between a business organization and an insurer regarding a commercial
2284     insurance policy;
2285          (K) a contract or transaction governed by Title 70A, Uniform Commercial Code;
2286          (L) the misappropriation of trade secrets under Title 13, Chapter 24, Uniform Trade
2287     Secrets Act;
2288          (M) the misappropriation of intellectual property;

2289          (N) a noncompete agreement, a nonsolicitation agreement, or a nondisclosure or
2290     confidentiality agreement, regardless of whether the agreement is oral or written;
2291          (O) a relationship between a franchisor and a franchisee;
2292          (P) the purchase or sale of a security or an allegation of security fraud;
2293          (Q) a dispute over a blockchain, blockchain technology, or a decentralized autonomous
2294     organization;
2295          (R) a violation of Title 76, Chapter 10, Part 31, Utah Antitrust Act; or
2296          (S) a contract with a forum selection clause for a chancery, business, or commercial
2297     court of this state or any other state;
2298          (ii) with a malpractice claim concerning services that a professional provided to a
2299     business organization; or
2300          (iii) that is a shareholder derivative action.
2301          (2) The Business and Chancery Court may exercise supplemental jurisdiction over all
2302     claims in an action that the Business and Chancery Court has jurisdiction under Subsection (1),
2303     except that the Business and Chancery Court may not exercise jurisdiction over:
2304          (a) any claim arising from:
2305          (i) a consumer contract;
2306          (ii) a personal injury, including any personal injury relating to or arising out of health
2307     care rendered or which should have been rendered by the health care provider;
2308          (iii) a wrongful termination of employment or a prohibited or discriminatory
2309     employment practice;
2310          (iv) a violation of Title 13, Chapter 7, Civil Rights;
2311          [(v) Title 30, Husband and Wife;]
2312          [(vi)] (v) Title 63G, Chapter 4, Administrative Procedures Act;
2313          [(vii)] (vi) Title 78B, Chapter 6, Part 1, Utah Adoption Act;
2314          [(viii)] (vii) Title 78B, Chapter 6, Part 5, Eminent Domain;
2315          [(ix)] (viii) Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer;
2316          [(x)] (ix) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
2317          [(xi) Title 78B, Chapter 12, Utah Child Support Act;]
2318          [(xii)] (x) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and
2319     Enforcement Act;

2320          [(xiii)] (xi) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act;
2321          [(xiv)] (xii) Title 78B, Chapter 15, Utah Uniform Parentage Act;
2322          [(xv)] (xiii) Title 78B, Chapter 16, Utah Uniform Child Abduction Prevention Act; [or]
2323          [(xvi)] (xiv) Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time,
2324     and Visitation Act; or
2325          (xv) Title 81, Utah Domestic Relations Code; or
2326          (b) any criminal matter, unless the criminal matter is an act or omission of contempt
2327     that occurs in an action before the Business and Chancery Court.
2328          Section 47. Section 78A-6-103 is amended to read:
2329          78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
2330     Findings -- Transfer of a case from another court.
2331          (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
2332     court has original jurisdiction over:
2333          (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
2334     state, or federal law, that was committed by a child;
2335          (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
2336     state, or federal law, that was committed by an individual:
2337          (i) who is under 21 years old at the time of all court proceedings; and
2338          (ii) who was under 18 years old at the time the offense was committed; and
2339          (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
2340     law, that was committed:
2341          (i) by an individual:
2342          (A) who was 18 years old and enrolled in high school at the time of the offense; and
2343          (B) who is under 21 years old at the time of all court proceedings; and
2344          (ii) on school property where the individual was enrolled:
2345          (A) when school was in session; or
2346          (B) during a school-sponsored activity, as defined in Subsection Section 53G-8-211.
2347          (2) The juvenile court has original jurisdiction over:
2348          (a) any proceeding concerning:
2349          (i) a child who is an abused child, neglected child, or dependent child;
2350          (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child

2351     Protective Orders;
2352          (iii) the appointment of a guardian of the individual or other guardian of a minor who
2353     comes within the court's jurisdiction under other provisions of this section;
2354          (iv) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
2355          (v) the termination of parental rights in accordance with Title 80, Chapter 4,
2356     Termination and Restoration of Parental Rights, including termination of residual parental
2357     rights and duties;
2358          (vi) the treatment or commitment of a minor who has an intellectual disability;
2359          (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
2360     accordance with Section [30-1-9] 81-2-304;
2361          (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
2362          (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
2363          (x) the treatment or commitment of a child with a mental illness;
2364          (xi) the commitment of a child to a secure drug or alcohol facility in accordance with
2365     Section 26B-5-204;
2366          (xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6,
2367     Part 4, Competency;
2368          (xiii) de novo review of final agency actions resulting from an informal adjudicative
2369     proceeding as provided in Section 63G-4-402;
2370          (xiv) adoptions conducted in accordance with the procedures described in Title 78B,
2371     Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
2372     terminating the rights of a parent and finds that adoption is in the best interest of the child;
2373          (xv) an ungovernable or runaway child who is referred to the juvenile court by the
2374     Division of Juvenile Justice and Youth Services if, despite earnest and persistent efforts by the
2375     Division of Juvenile Justice and Youth Services, the child has demonstrated that the child:
2376          (A) is beyond the control of the child's parent, guardian, or custodian to the extent that
2377     the child's behavior or condition endangers the child's own welfare or the welfare of others; or
2378          (B) has run away from home; and
2379          (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an
2380     adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
2381     comply with a promise to appear and bring a child to the juvenile court;

2382          (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
2383     Expungement; and
2384          (c) the extension of a nonjudicial adjustment under Section 80-6-304.
2385          (3) The juvenile court has original jurisdiction over a petition for special findings under
2386     Section 80-3-505.
2387          (4) It is not necessary for a minor to be adjudicated for an offense or violation of the
2388     law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
2389     (2)(a)(xvi), (b), or (c).
2390          (5) This section does not restrict the right of access to the juvenile court by private
2391     agencies or other persons.
2392          (6) The juvenile court has jurisdiction of all magistrate functions relative to cases
2393     arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
2394          (7) The juvenile court has jurisdiction to make a finding of substantiated,
2395     unsubstantiated, or without merit, in accordance with Section 80-3-404.
2396          (8) The juvenile court has jurisdiction over matters transferred to the juvenile court by
2397     another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
2398          Section 48. Section 78A-6-104 is amended to read:
2399          78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a
2400     protective order.
2401          (1) (a) The juvenile court has jurisdiction, concurrent with the district court:
2402          (i) to establish paternity, or to order testing for purposes of establishing paternity, for a
2403     child in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, when a
2404     proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency
2405     Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights, that
2406     involves the child;
2407          (ii) over a petition to modify a minor's birth certificate if the juvenile court has
2408     jurisdiction over the minor's case under Section 78A-6-103; and
2409          (iii) over questions of custody, support, and parent-time of a minor if the juvenile court
2410     has jurisdiction over the minor's case under Section 78A-6-103.
2411          (b) If the juvenile court obtains jurisdiction over a paternity action under Subsection
2412     (1)(a)(i), the juvenile court may:

2413          (i) retain jurisdiction over the paternity action until paternity of the child is adjudicated;
2414     or
2415          (ii) transfer jurisdiction over the paternity action to the district court.
2416          (2) (a) The juvenile court has jurisdiction, concurrent with the district court or the
2417     justice court otherwise having jurisdiction, over a criminal information filed under Part 4a,
2418     Adult Criminal Proceedings, for an adult alleged to have committed:
2419          (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to a
2420     minor;
2421          (ii) an offense under Section 53G-6-202, failure to comply with compulsory education
2422     requirements;
2423          (iii) an offense under Section 80-2-609, failure to report;
2424          (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
2425          (v) an offense under Section 76-10-2301, contributing to the delinquency of a minor; or
2426          (vi) an offense under Section 80-5-601, harboring a runaway.
2427          (b) It is not necessary for a minor to be adjudicated for an offense or violation of the
2428     law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
2429     (2)(a).
2430          (3) (a) When a support, custody, or parent-time award has been made by a district court
2431     in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
2432     continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
2433     child comes within the jurisdiction of the juvenile court under Section 78A-6-103.
2434          (b) (i) The juvenile court may, by order, change the custody subject to Subsection
2435     [30-3-10(6)] 81-9-204(5), support, parent-time, and visitation rights previously ordered in the
2436     district court as necessary to implement the order of the juvenile court for the safety and
2437     welfare of the child.
2438          (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long
2439     as the juvenile court continues to exercise jurisdiction.
2440          (c) If a copy of the findings and order of the juvenile court under this Subsection (3)
2441     are filed with the district court, the findings and order of the juvenile court are binding on the
2442     parties to the divorce action as though entered in the district court.
2443          (4) This section does not deprive the district court of jurisdiction to:

2444          (a) appoint a guardian for a child;
2445          (b) determine the support, custody, and parent-time of a child upon writ of habeas
2446     corpus; or
2447          (c) determine a question of support, custody, and parent-time that is incidental to the
2448     determination of an action in the district court.
2449          (5) A juvenile court may transfer a petition for a protective order for a child to the
2450     district court if the juvenile court has entered an ex parte protective order and finds that:
2451          (a) the petitioner and the respondent are the natural parent, adoptive parent, or step
2452     parent of the child who is the object of the petition;
2453          (b) the district court has a petition pending or an order related to custody or parent-time
2454     entered under [Title 30, Chapter 3, Divorce,] Title 78B, Chapter 7, Part 6, Cohabitant Abuse
2455     Protective Orders, [or] Title 78B, Chapter 15, Utah Uniform Parentage Act, or Title 81,
2456     Chapter 4, Part 4, Divorce, in which the petitioner and the respondent are parties; and
2457          (c) the best interests of the child will be better served in the district court.
2458          Section 49. Section 78A-6-356 is amended to read:
2459          78A-6-356. Child support obligation when custody of a child is vested in an
2460     individual or institution.
2461          (1) As used in this section:
2462          (a) "Office" means the Office of Recovery Services.
2463          (b) "State custody" means that a child is in the custody of a state department, division,
2464     or agency, including secure care.
2465          (2) Under this section, a juvenile court may not issue a child support order against an
2466     individual unless:
2467          (a) the individual is served with notice that specifies the date and time of a hearing to
2468     determine the financial support of a specified child;
2469          (b) the individual makes a voluntary appearance; or
2470          (c) the individual submits a waiver of service.
2471          (3) Except as provided in Subsection (11), when a juvenile court places a child in state
2472     custody or if the guardianship of the child has been granted to another party and an agreement
2473     for a guardianship subsidy has been signed by the guardian, the juvenile court:
2474          (a) shall order the child's parent, guardian, or other obligated individual to pay child

2475     support for each month the child is in state custody or cared for under a grant of guardianship;
2476          (b) shall inform the child's parent, guardian, or other obligated individual, verbally and
2477     in writing, of the requirement to pay child support in accordance with [Title 78B, Chapter 12,
2478     Utah Child Support Act] Title 81, Chapter 6, Child Support; and
2479          (c) may refer the establishment of a child support order to the office.
2480          (4) When a juvenile court chooses to refer a case to the office to determine support
2481     obligation amounts in accordance with [Title 78B, Chapter 12, Utah Child Support Act] Title
2482     81, Chapter 6, Child Support, the juvenile court shall:
2483          (a) make the referral within three working days after the day on which the juvenile
2484     court holds the hearing described in Subsection (2)(a); and
2485          (b) inform the child's parent, guardian, or other obligated individual of:
2486          (i) the requirement to contact the office within 30 days after the day on which the
2487     juvenile court holds the hearing described in Subsection (2)(a); and
2488          (ii) the penalty described in Subsection (6) for failure to contact the office.
2489          (5) Liability for child support ordered under Subsection (3) shall accrue:
2490          (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
2491     the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child
2492     support order for the child; or
2493          (b) beginning on the day the child is removed from the child's home, including time
2494     spent in detention or sheltered care, if the child is removed after having been returned to the
2495     child's home from state custody.
2496          (6) (a) If the child's parent, guardian, or other obligated individual contacts the office
2497     within 30 days after the day on which the court holds the hearing described in Subsection
2498     (2)(a), the child support order may not include a judgment for past due support for more than
2499     two months.
2500          (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
2501     liability of support to begin to accrue from the date of the proceeding referenced in Subsection
2502     (3) if:
2503          (i) the court informs the child's parent, guardian, or other obligated individual, as
2504     described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to
2505     contact the office within 30 days after the day on which the court holds the hearing described in

2506     Subsection (2)(a); and
2507          (ii) the office took reasonable steps under the circumstances to contact the child's
2508     parent, guardian, or other obligated individual within 30 days after the last day on which the
2509     parent, guardian, or other obligated individual was required to contact the office to facilitate the
2510     establishment of a child support order.
2511          (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
2512     reasonable steps if the office:
2513          (i) has a signed, returned receipt for a certified letter mailed to the address of the child's
2514     parent, guardian, or other obligated individual regarding the requirement that a child support
2515     order be established; or
2516          (ii) has had a documented conversation, whether by telephone or in person, with the
2517     child's parent, guardian, or other obligated individual regarding the requirement that a child
2518     support order be established.
2519          (7) In collecting arrears, the office shall comply with Section 26B-9-219 in setting a
2520     payment schedule or demanding payment in full.
2521          (8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
2522     individual shall pay the child support to the office.
2523          (b) The clerk of the juvenile court, the office, or the department and the department's
2524     divisions shall have authority to receive periodic payments for the care and maintenance of the
2525     child, such as social security payments or railroad retirement payments made in the name of or
2526     for the benefit of the child.
2527          (9) An existing child support order payable to a parent or other individual shall be
2528     assigned to the department as provided in Section 26B-9-111.
2529          (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
2530     the juvenile court in an individual.
2531          (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
2532     court may order the child's parent, guardian, or other obligated individual to pay child support
2533     to the individual in whom custody is vested.
2534          (ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
2535     or other obligated individual, verbally and in writing, of the requirement to pay child support in
2536     accordance with [Title 78B, Chapter 12, Utah Child Support Act] Title 81, Chapter 6, Child

2537     Support.
2538          (11) The juvenile court may not order an individual to pay child support for a child in
2539     state custody if:
2540          (a) the individual's only form of income is a government-issued disability benefit;
2541          (b) the benefit described in Subsection (11)(a) is issued because of the individual's
2542     disability, and not the child's disability; and
2543          (c) the individual provides the juvenile court and the office evidence that the individual
2544     meets the requirements of Subsections (11)(a) and (b).
2545          (12) (a) The child's parent or another obligated individual is not responsible for child
2546     support for the period of time that the child is removed from the child's home by the Division
2547     of Child and Family Services if:
2548          (i) the juvenile court finds that there were insufficient grounds for the removal of the
2549     child; and
2550          (ii) the child is returned to the home of the child's parent or guardian based on the
2551     finding described in Subsection (12)(a)(i).
2552          (b) If the juvenile court finds insufficient grounds for the removal of the child under
2553     Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
2554     that the child's parent or another obligated individual is responsible for child support beginning
2555     on the day on which it became improper to return the child to the home of the child's parent or
2556     guardian.
2557          (13) After the juvenile court or the office establishes an individual's child support
2558     obligation ordered under Subsection (3), the office shall waive the obligation without further
2559     order of the juvenile court if:
2560          (a) the individual's child support obligation is established [under the low income table
2561     in Section 78B-12-302 or 78B-12-304] in accordance with a low income table described in
2562     Title 81, Chapter 6, Part 3, Child Support Tables; or
2563          (b) the individual's only source of income is a means-tested, income replacement
2564     payment of aid, including:
2565          (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
2566     Program; or
2567          (ii) cash benefits received under General Assistance, social security income, or social

2568     security disability income.
2569          Section 50. Section 78B-3-416 is amended to read:
2570          78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
2571     limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
2572     fees.
2573          (1) (a) The division shall provide a hearing panel in alleged medical liability cases
2574     against health care providers as defined in Section 78B-3-403, except dentists or dental care
2575     providers.
2576          (b) (i) The division shall establish procedures for prelitigation consideration of medical
2577     liability claims for damages arising out of the provision of or alleged failure to provide health
2578     care.
2579          (ii) The division may establish rules necessary to administer the process and
2580     procedures related to prelitigation hearings and the conduct of prelitigation hearings in
2581     accordance with Sections 78B-3-416 through 78B-3-420.
2582          (c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
2583     4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
2584     litigation.
2585          (d) Proceedings conducted under authority of this section are confidential, privileged,
2586     and immune from civil process.
2587          (e) The division may not provide more than one hearing panel for each alleged medical
2588     liability case against a health care provider.
2589          (2) (a) The party initiating a medical liability action shall file a request for prelitigation
2590     panel review with the division within 60 days after the service of a statutory notice of intent to
2591     commence action under Section 78B-3-412.
2592          (b) The request shall include a copy of the notice of intent to commence action. The
2593     request shall be mailed to all health care providers named in the notice and request.
2594          (3) (a) As used in this Subsection (3):
2595          (i) "Court-appointed therapist" means a mental health therapist ordered by a court to
2596     provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
2597          (ii) "Domestic case" means a proceeding under:
2598          [(A) Title 30, Chapter 3, Divorce;]

2599          [(B) Title 30, Chapter 4, Separate Maintenance;]
2600          [(C) Title 30, Chapter 5, Grandparents;]
2601          [(D) Title 30, Chapter 5a, Custody and Visitation for Individuals Other than Parents
2602     Act;]
2603          [(E)] (A) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
2604          [(F)] (B) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and
2605     Enforcement Act; [or]
2606          [(G)] (C) Title 78B, Chapter 15, Utah Uniform Parentage Act[.];
2607          (D) Title 81, Chapter 4, Dissolution of Marriage; or
2608          (E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
2609          (iii) "Mental health therapist" means the same as that term is defined in Section
2610     58-60-102.
2611          (b) If a court appoints a court-appointed therapist in a domestic case, a party to the
2612     domestic case may not file a request for a prelitigation panel review for a malpractice action
2613     against the court-appointed therapist during the pendency of the domestic case, unless:
2614          (i) the party has requested that the court release the court-appointed therapist from
2615     appointment; and
2616          (ii) the court finds good cause to release the court-appointed therapist from the
2617     appointment.
2618          (c) If a party is prohibited from filing a request for a prelitigation panel review under
2619     Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
2620          (i) the court releasing the court-appointed therapist from appointment as described in
2621     Subsection (3)(b); or
2622          (ii) the court entering a final order in the domestic case.
2623          (4) (a) The filing of a request for prelitigation panel review under this section tolls the
2624     applicable statute of limitations until the later of:
2625          (i) 60 days following the division's issuance of:
2626          (A) an opinion by the prelitigation panel; or
2627          (B) a certificate of compliance under Section 78B-3-418; or
2628          (ii) the expiration of the time for holding a hearing under Subsection (4)(b)(ii).
2629          (b) The division shall:

2630          (i) send any opinion issued by the panel to all parties by regular mail; and
2631          (ii) complete a prelitigation hearing under this section within:
2632          (A) 180 days after the filing of the request for prelitigation panel review; or
2633          (B) any longer period as agreed upon in writing by all parties to the review.
2634          (c) If the prelitigation hearing has not been completed within the time limits
2635     established in Subsection (4)(b)(ii), the claimant shall:
2636          (i) file an affidavit of merit under the provisions of Section 78B-3-423; or
2637          (ii) file an affidavit with the division within 180 days of the request for pre-litigation
2638     review, in accordance with Subsection (4)(d), alleging that the respondent has failed to
2639     reasonably cooperate in scheduling the hearing.
2640          (d) If the claimant files an affidavit under Subsection (4)(c)(ii):
2641          (i) within 15 days of the filing of the affidavit under Subsection (4)(c)(ii), the division
2642     shall determine whether either the respondent or the claimant failed to reasonably cooperate in
2643     the scheduling of a pre-litigation hearing; and
2644          (ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
2645     scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
2646     shall, issue a certificate of compliance for the claimant in accordance with Section 78B-3-418;
2647     or
2648          (B) if the division makes a determination other than the determination in Subsection
2649     (4)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 78B-3-423,
2650     within 30 days of the determination of the division under this Subsection (4).
2651          (e) (i) The claimant and any respondent may agree by written stipulation that no useful
2652     purpose would be served by convening a prelitigation panel under this section.
2653          (ii) When the stipulation is filed with the division, the division shall within 10 days
2654     after receipt issue a certificate of compliance under Section 78B-3-418, as it concerns the
2655     stipulating respondent, and stating that the claimant has complied with all conditions precedent
2656     to the commencement of litigation regarding the claim.
2657          (5) The division shall provide for and appoint an appropriate panel or panels to hear
2658     complaints of medical liability and damages, made by or on behalf of any patient who is an
2659     alleged victim of medical liability. The panels are composed of:
2660          (a) one member who is a resident lawyer currently licensed and in good standing to

2661     practice law in this state and who shall serve as chairman of the panel, who is appointed by the
2662     division from among qualified individuals who have registered with the division indicating a
2663     willingness to serve as panel members, and a willingness to comply with the rules of
2664     professional conduct governing lawyers in the state, and who has completed division training
2665     regarding conduct of panel hearings;
2666          (b) (i) one or more members who are licensed health care providers listed under
2667     Section 78B-3-403, who are practicing and knowledgeable in the same specialty as the
2668     proposed defendant, and who are appointed by the division in accordance with Subsection (6);
2669     or
2670          (ii) in claims against only a health care facility or the facility's employees, one member
2671     who is an individual currently serving in a health care facility administration position directly
2672     related to health care facility operations or conduct that includes responsibility for the area of
2673     practice that is the subject of the liability claim, and who is appointed by the division; and
2674          (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
2675     provider, and who is a responsible citizen of the state, selected and appointed by the division
2676     from among individuals who have completed division training with respect to panel hearings.
2677          (6) (a) Each person listed as a health care provider in Section 78B-3-403 and practicing
2678     under a license issued by the state, is obligated as a condition of holding that license to
2679     participate as a member of a medical liability prelitigation panel at reasonable times, places,
2680     and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
2681     division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
2682          (b) A licensee may be excused from appearance and participation as a panel member
2683     upon the division finding participation by the licensee will create an unreasonable burden or
2684     hardship upon the licensee.
2685          (c) A licensee whom the division finds failed to appear and participate as a panel
2686     member when so ordered, without adequate explanation or justification and without being
2687     excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
2688          (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
2689     participate as a panel member when so ordered, without adequate explanation or justification
2690     and without being excused for cause by the division, may be assessed an administrative fine not
2691     to exceed $5,000, and is guilty of unprofessional conduct.

2692          (e) All fines collected under Subsections (6)(c) and (d) shall be deposited into the
2693     Physicians Education Fund created in Section 58-67a-1.
2694          (f) The director of the division may collect a fine that is not paid by:
2695          (i) referring the matter to a collection agency; or
2696          (ii) bringing an action in the district court of the county where the person against whom
2697     the penalty is imposed resides or in the county where the office of the director is located.
2698          (g) A county attorney or the attorney general of the state shall provide legal assistance
2699     and advice to the director in an action to collect a fine.
2700          (h) A court shall award reasonable attorney fees and costs to the prevailing party in an
2701     action brought by the division to collect a fine.
2702          (7) Each person selected as a panel member shall certify, under oath, that he has no
2703     bias or conflict of interest with respect to any matter under consideration.
2704          (8) A member of the prelitigation hearing panel may not receive compensation or
2705     benefits for the member's service, but may receive per diem and travel expenses in accordance
2706     with:
2707          (a) Section 63A-3-106;
2708          (b) Section 63A-3-107; and
2709          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2710     63A-3-107.
2711          (9) (a) In addition to the actual cost of administering the licensure of health care
2712     providers, the division may set license fees of health care providers within the limits
2713     established by law equal to their proportionate costs of administering prelitigation panels.
2714          (b) The claimant bears none of the costs of administering the prelitigation panel except
2715     under Section 78B-3-420.
2716          Section 51. Section 78B-3-426 is amended to read:
2717          78B-3-426. Nonpatient plaintiffs.
2718          (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as
2719     defined in [Subsection 78B-3-403(23)] Section 78B-3-403.
2720          (2) This section does not apply to a health care malpractice action brought or seeking
2721     recovery under Section [30-2-11,] 78B-3-106, 78B-3-107, [or] 78B-3-502, or 81-3-111.
2722          (3) To establish a malpractice action against a health care provider, a nonpatient

2723     plaintiff shall be required to show that:
2724          (a) the health care provider owes a duty to the nonpatient plaintiff;
2725          (b) the nonpatient plaintiff suffered a foreseeable injury;
2726          (c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the
2727     health care provider; and
2728          (d) the health care provider's act or omission was conduct that manifests a knowing and
2729     reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.
2730          Section 52. Section 78B-6-316 is amended to read:
2731          78B-6-316. Compensatory service for violation of parent-time order or failure to
2732     pay child support.
2733          (1) As used in this section, "obligor" means the same as that term is defined in Section
2734     81-6-101.
2735          [(1)] (2) If a court finds by a preponderance of the evidence that a parent has refused to
2736     comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall
2737     order the parent to:
2738          (a) perform a minimum of 10 hours of compensatory service; and
2739          (b) participate in workshops, classes, or individual counseling to educate the parent
2740     about the importance of complying with the court order and providing a child a continuing
2741     relationship with both parents.
2742          [(2)] (3) If a custodial parent is ordered to perform compensatory service or undergo
2743     court-ordered education, there is a rebuttable presumption that the noncustodial parent be
2744     granted parent-time by the court to provide child care during the time the custodial parent is
2745     complying with compensatory service or education in order to recompense him for parent-time
2746     wrongfully denied by the custodial parent under the divorce decree.
2747          [(3)] (4) If a noncustodial parent is ordered to perform compensatory service or
2748     undergo court-ordered education, the court shall attempt to schedule the compensatory service
2749     or education at times that will not interfere with the noncustodial parent's parent-time with the
2750     child.
2751          [(4)] (5) The person ordered to participate in court-ordered education is responsible for
2752     expenses of workshops, classes, and individual counseling.
2753          [(5)] (6) If a court finds by a preponderance of the evidence that an obligor[, as defined

2754     in Section 78B-12-102,] has refused to pay child support as ordered by a court in accordance
2755     with [Title 78B, Chapter 12, Utah Child Support Act] Title 81, Chapter 6, Child Support, the
2756     court shall order the obligor to:
2757          (a) perform a minimum of 10 hours of compensatory service; and
2758          (b) participate in workshops, classes, or individual counseling to educate the obligor
2759     about the importance of complying with the court order and providing the children with a
2760     regular and stable source of support.
2761          [(6)] (7) The obligor is responsible for the expenses of workshops, classes, and
2762     individual counseling ordered by the court.
2763          [(7)] (8) If a court orders an obligor to perform compensatory service or undergo
2764     court-ordered education, the court shall attempt to schedule the compensatory service or
2765     education at times that will not interfere with the obligor's parent-time with the child.
2766          [(8)] (9) The sanctions that the court shall impose under this section do not prevent the
2767     court from imposing other sanctions or prevent any person from bringing a cause of action
2768     allowed under state or federal law.
2769          [(9)] (10) The Legislature shall allocate the money from the Children's Legal Defense
2770     Account to the judiciary to defray the cost of enforcing and administering this section.
2771          Section 53. Section 78B-7-204 is amended to read:
2772          78B-7-204. Content of orders -- Modification of orders -- Penalties.
2773          (1) A child protective order or an ex parte child protective order may contain the
2774     following provisions the violation of which is a class A misdemeanor under Section 76-5-108:
2775          (a) enjoin the respondent from threatening to commit or committing abuse of the child;
2776          (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
2777     communicating with the child, directly or indirectly;
2778          (c) prohibit the respondent from entering or remaining upon the residence, school, or
2779     place of employment of the child and the premises of any of these or any specified place
2780     frequented by the child;
2781          (d) upon finding that the respondent's use or possession of a weapon may pose a
2782     serious threat of harm to the child, prohibit the respondent from purchasing, using, or
2783     possessing a firearm or other specified weapon; and
2784          (e) determine ownership and possession of personal property and direct the appropriate

2785     law enforcement officer to attend and supervise the petitioner's or respondent's removal of
2786     personal property.
2787          (2) A child protective order or an ex parte child protective order may contain the
2788     following provisions the violation of which is contempt of court:
2789          (a) determine temporary custody of the child who is the subject of the petition;
2790          (b) determine parent-time with the child who is the subject of the petition, including
2791     denial of parent-time if necessary to protect the safety of the child, and require supervision of
2792     parent-time by a third party;
2793          (c) determine child support in accordance with [Title 78B, Chapter 12, Utah Child
2794     Support Act] Title 81, Chapter 6, Child Support; and
2795          (d) order any further relief the court considers necessary to provide for the safety and
2796     welfare of the child.
2797          (3) (a) If the child who is the subject of the child protective order attends the same
2798     school or place of worship as the respondent, or is employed at the same place of employment
2799     as the respondent, the court:
2800          (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
2801     the respondent's school, place of worship, or place of employment; and
2802          (ii) may enter an order governing the respondent's conduct at the respondent's school,
2803     place of worship, or place of employment.
2804          (b) A violation of an order under Subsection (3)(a) is contempt of court.
2805          (4) (a) A respondent may petition the court to modify or vacate a child protective order
2806     after notice and a hearing.
2807          (b) At the hearing described in Subsection (4)(a):
2808          (i) the respondent shall have the burden of proving by clear and convincing evidence
2809     that modification or vacation of the child protective order is in the best interest of the child; and
2810          (ii) the court shall consider:
2811          (A) the nature and duration of the abuse;
2812          (B) the pain and trauma inflicted on the child as a result of the abuse;
2813          (C) if the respondent is a parent of the child, any reunification services provided in
2814     accordance with Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; and
2815          (D) any other evidence the court finds relevant to the determination of the child's best

2816     interests, including recommendations by the other parent or a guardian of the child, or a mental
2817     health professional.
2818          (c) The child is not required to attend the hearing described in Subsection (4)(a).
2819          Section 54. Section 78B-15-102 is amended to read:
2820          78B-15-102. Definitions.
2821          As used in this chapter:
2822          (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
2823     father of a child.
2824          (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
2825     genetic father or a possible genetic father of a child, but whose paternity has not been
2826     determined.
2827          (3) (a) "Assisted reproduction" means a method of causing pregnancy other than sexual
2828     intercourse. [The term includes:]
2829          (b) "Assisted reproduction" includes:
2830          [(a)] (i) intrauterine insemination;
2831          [(b)] (ii) donation of eggs;
2832          [(c)] (iii) donation of embryos;
2833          [(d)] (iv) in vitro fertilization and transfer of embryos; and
2834          [(e)] (v) intracytoplasmic sperm injection.
2835          (4) "Birth expenses" means all medical costs associated with the birth of a child,
2836     including the related expenses for the biological mother during her pregnancy and delivery.
2837          (5) "Birth mother" means the biological mother of a child.
2838          (6) "Child" means an individual of any age whose parentage may be determined under
2839     this chapter.
2840          (7) "Commence" means to file the initial pleading seeking an adjudication of parentage
2841     in the appropriate tribunal of this state.
2842          (8) "Declarant father" means a male who, along with the biological mother claims to be
2843     the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
2844     paternity.
2845          (9) "Determination of parentage" means the establishment of the parent-child
2846     relationship by the signing of a valid declaration of paternity under Part 3, Voluntary

2847     Declaration of Paternity Act, or adjudication by a tribunal.
2848          (10) (a) "Donor" means an individual who produces eggs or sperm used for assisted
2849     reproduction, whether or not for consideration. [The term does not include:]
2850          (b) "Donor" does not include:
2851          [(a)] (i) a husband who provides sperm, or a wife who provides eggs, to be used for
2852     assisted reproduction by the wife;
2853          [(b)] (ii) a woman who gives birth to a child by means of assisted reproduction, except
2854     as otherwise provided in Part 8, Gestational Agreement; or
2855          [(c)] (iii) a parent under Part 7, Assisted Reproduction, or an intended parent under
2856     Part 8, Gestational Agreement.
2857          (11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
2858     that an individual identifies as all or part of the individual's ancestry or that is so identified by
2859     other information.
2860          (12) "Financial support" means a base child support award as defined in Section
2861     [78B-12-102] 81-6-101, all past-due support which accrues under an order for current periodic
2862     payments, and sum certain judgments for past-due support.
2863          (13) (a) "Genetic testing" means an analysis of genetic markers to exclude or identify a
2864     man as the father or a woman as the mother of a child. [The term]
2865          (b) "Genetic testing" includes an analysis of one or a combination of the following:
2866          [(a)] (i) deoxyribonucleic acid; or
2867          [(b)] (ii) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum
2868     enzymes, serum proteins, or red-cell enzymes.
2869          (14) "Gestational mother" means an adult woman who gives birth to a child under a
2870     gestational agreement.
2871          (15) ["Man," as defined in this chapter,] "Man" means a male individual of any age.
2872          (16) "Medical support" means a provision in a support order that requires the purchase
2873     and maintenance of appropriate insurance for health and dental expenses of dependent children,
2874     and assigns responsibility for uninsured medical expenses.
2875          (17) "Parent" means an individual who has established a parent-child relationship
2876     under Section 78B-15-201.
2877          (18) (a) "Parent-child relationship" means the legal relationship between a child and a

2878     parent of the child. [The term]
2879          (b) "Parent-child relationship" includes the mother-child relationship and the
2880     father-child relationship.
2881          (19) "Paternity index" means the likelihood of paternity calculated by computing the
2882     ratio between:
2883          (a) the likelihood that the tested man is the father, based on the genetic markers of the
2884     tested man and child, conditioned on the hypothesis that the tested man is the father of the
2885     child; and
2886          (b) the likelihood that the tested man is not the father, based on the genetic markers of
2887     the tested man and child, conditioned on the hypothesis that the tested man is not the father of
2888     the child and that the father is of the same ethnic or racial group as the tested man.
2889          (20) "Presumed father" means a man who, by operation of law under Section
2890     78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as
2891     set forth in this chapter.
2892          (21) "Probability of paternity" means the measure, for the ethnic or racial group to
2893     which the alleged father belongs, of the probability that the man in question is the father of the
2894     child, compared with a random, unrelated man of the same ethnic or racial group, expressed as
2895     a percentage incorporating the paternity index and a prior probability.
2896          (22) "Record" means information that is inscribed on a tangible medium or that is
2897     stored in an electronic or other medium and is retrievable in perceivable form.
2898          (23) "Signatory" means an individual who authenticates a record and is bound by its
2899     terms.
2900          (24) "State" means a state of the United States, the District of Columbia, Puerto Rico,
2901     the United States Virgin Islands, any territory, Native American Tribe, or insular possession
2902     subject to the jurisdiction of the United States.
2903          (25) "Support-enforcement agency" means a public official or agency authorized under
2904     Title IV-D of the Social Security Act which has the authority to seek:
2905          (a) enforcement of support orders or laws relating to the duty of support;
2906          (b) establishment or modification of child support;
2907          (c) determination of parentage; or
2908          (d) location of child-support obligors and their income and assets.

2909          (26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
2910     authorized to establish, enforce, or modify support orders or to determine parentage.
2911          Section 55. Section 78B-15-113 is amended to read:
2912          78B-15-113. Parent-time rights of father.
2913          (1) If the tribunal determines that the alleged father is the father, [it] the tribunal may
2914     upon [its] the tribunal's own motion or upon motion of the father, order parent-time rights in
2915     accordance with [Sections 30-3-32 through 30-3-37] Title 81, Chapter 9, Custody, Parent-time,
2916     and Visitation, as [it] the tribunal considers appropriate under the circumstances.
2917          (2) Parent-time rights may not be granted to a father if the child has been subsequently
2918     adopted.
2919          Section 56. Section 78B-15-603 is amended to read:
2920          78B-15-603. Parties to proceeding.
2921          The following individuals shall be joined as parties in a proceeding to adjudicate
2922     parentage:
2923          (1) the mother of the child;
2924          (2) a man whose paternity of the child is to be adjudicated; and
2925          (3) the state [pursuant to Section 78B-12-113] in accordance with Section 81-6-106.
2926     The following section is affected by a coordination clause at the end of this bill.
2927          Section 57. Section 78B-15-610 is amended to read:
2928          78B-15-610. Joinder of judicial proceedings -- Court reliance of custody and
2929     parent-time standards.
2930          (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
2931     parentage may be joined with a proceeding for adoption, termination of parental rights, child
2932     custody or visitation, child support, divorce, annulment, legal separation or separate
2933     maintenance, probate or administration of an estate, or other appropriate proceeding.
2934          (2) A respondent may not join a proceeding described in Subsection (1) with a
2935     proceeding to adjudicate parentage brought under Title 78B, Chapter 14, Utah Uniform
2936     Interstate Family Support Act.
2937          (3) A court [may rely on Title 30, Chapter 3, Divorce, in determining issues related to
2938     custody or parent-time] may determine issues of custody, parent-time, visitation, and child
2939     support in accordance with Title 81, Chapter 6, Child Support, and Title 81, Chapter 9,

2940     Custody, Parent-time, and Visitation.
2941          Section 58. Section 78B-15-623 is amended to read:
2942          78B-15-623. Binding effect of determination of parentage.
2943          (1) Except as otherwise provided in Subsection (2), a determination of parentage is
2944     binding on:
2945          (a) all signatories to a declaration or denial of paternity as provided in Part 3,
2946     Voluntary Declaration of Paternity Act; and
2947          (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy
2948     the jurisdictional requirements of Section 78B-14-201.
2949          (2) A child is not bound by a determination of parentage under this chapter unless:
2950          (a) the determination was based on an unrescinded declaration of paternity and the
2951     declaration is consistent with the results of genetic testing;
2952          (b) the adjudication of parentage was based on a finding consistent with the results of
2953     genetic testing and the consistency is declared in the determination or is otherwise shown; or
2954          (c) the child was a party or was represented in the proceeding determining parentage by
2955     a guardian ad litem.
2956          (3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
2957     adjudication of the parentage of a child if the question of paternity is raised and the tribunal
2958     adjudicates according to Part 6, Adjudication of Parentage, and the final order:
2959          (a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
2960     similar words indicating that the husband is the father of the child; or
2961          (b) provides for support of the child by the husband unless paternity is specifically
2962     disclaimed in the order.
2963          (4) The tribunal is not considered to have made an adjudication of the parentage of a
2964     child if the child was born at the time of entry of the order and other children are named as
2965     children of the marriage, but that child is specifically not named.
2966          (5) Once the paternity of a child has been adjudicated, an individual who was not a
2967     party to the paternity proceeding may not challenge the paternity, unless:
2968          (a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
2969          (b) the challenger can demonstrate by clear and convincing evidence that the challenger
2970     did not know about the adjudicatory proceeding or did not have a reasonable opportunity to

2971     know of the proceeding; and
2972          (c) there would be harm to the child to leave the order in place.
2973          (6) A party to an adjudication of paternity may challenge the adjudication only under
2974     law of this state relating to appeal, vacation of judgments, or other judicial review.
2975          (7) A party to an adjudication may not bring a challenge under Subsection (6) if the
2976     party committed the fraud.
2977          Section 59. Section 78B-20-403 is amended to read:
2978          78B-20-403. Visitation before termination of temporary grant of custodial
2979     responsibility.
2980          After a deploying parent returns from deployment until a temporary agreement or order
2981     for custodial responsibility established under Part 2, Agreement Addressing Custodial
2982     Responsibility During Deployment, or a provision of a court order specifying temporary
2983     custodial responsibility during deployment issued under Part 3, Judicial Procedure for Granting
2984     Custodial Responsibility During Deployment, or [Section 30-3-10] Title 81, Chapter 9,
2985     Custody, Parent-time, and Visitation, is terminated, the court shall issue a temporary order
2986     granting the deploying parent reasonable contact with the child unless it is contrary to the best
2987     interest of the child, even if the time of contact exceeds the time the deploying parent spent
2988     with the child before deployment.
2989          Section 60. Section 78B-20-404 is amended to read:
2990          78B-20-404. Termination by operation of law of temporary grant of custodial
2991     responsibility established by court order.
2992          (1) If an agreement between the parties to terminate a court order for temporary
2993     custodial responsibility during deployment under Part 3, Judicial Procedure for Granting
2994     Custodial Responsibility During Deployment, or to terminate a provision of an order for
2995     temporary custodial responsibility during deployment entered under [Section 30-3-10] Title 81,
2996     Chapter 9, Custody, Parent-time, and Visitation, has not been filed, the temporary order
2997     terminates 30 days after the day on which the deploying parent gives notice to the other parent
2998     and any nonparent granted custodial responsibility that the deploying parent has returned from
2999     deployment.
3000          (2) A proceeding seeking to prevent termination of a temporary order for custodial
3001     responsibility is governed by the law of this state other than this chapter.

3002          Section 61. Section 80-2-906 is amended to read:
3003          80-2-906. Financial responsibility for child placed under Interstate Compact.
3004          (1) Financial responsibility for a child placed under the provisions of the Interstate
3005     Compact on the Placement of Children shall, in the first instance, be determined in accordance
3006     with the provisions of Article V of the compact.
3007          (2) In the event of partial or complete default of performance under the compact, the
3008     provisions of [Title 78B, Chapter 12, Utah Child Support Act] Title 81, Chapter 6, Child
3009     Support, may also be invoked.
3010          Section 62. Section 81-1-101 is enacted to read:
3011     
TITLE 81. UTAH DOMESTIC RELATIONS CODE

3012     
CHAPTER 1. GENERAL PROVISIONS

3013     
Part 1. General Provisions

3014          81-1-101. Definitions for title.
3015          As used in this title:
3016          (1) "Child" means, except as provided in Section 81-6-101, a biological or adopted
3017     child of any age.
3018          (2) "Court" means:
3019          (a) a judge; or
3020          (b) a court commissioner if the court commissioner has authority to hear the matter
3021     under Section 78A-5-107 or the Utah Rules of Judicial Administration.
3022          (3) "Custodial parent" means:
3023          (a) a parent awarded primary physical custody of a minor child by a court order;
3024          (b) if both parents have joint physical custody:
3025          (i) the parent awarded more overnights each year by a court order; or
3026          (ii) the parent designated as the custodial parent by a court order; or
3027          (c) if there is no court order, the parent with whom the minor child resides more than
3028     one-half of the calendar year without regard to any temporary parent-time.
3029          (4) "Minor child" means, except as provided in Section 81-6-101, a child who is
3030     younger than 18 years old and is not emancipated.
3031          (5) "Noncustodial parent" means the parent who is not the custodial parent regardless
3032     of any designation of joint legal custody.

3033          (6) "Parent" means a parent with an established parent-child relationship as described
3034     in Section 78B-15-201.
3035          Section 63. Section 81-1-201 is enacted to read:
3036     
Part 2. Domestic Relations Proceedings

3037          81-1-201. Definitions for part.
3038          As used in this part:
3039          (1) "Alimony" means the same as that term is defined in Section 81-4-101.
3040          (2) "Child support" means the same as that term is defined in Section 81-6-101.
3041          Section 64. Section 81-1-202 is enacted to read:
3042          81-1-202. Court records in a domestic relations action.
3043          (1) (a) In an action under this title, Title 78B, Chapter 13, Utah Uniform Child Custody
3044     Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family
3045     Support Act, or Title 78B, Chapter 15, Utah Uniform Parentage Act, a party may file a motion
3046     to have the records of the action other than the final judgment, order, or decree, classified as
3047     private.
3048          (b) If the court finds that there are substantial interests favoring restricting access that
3049     clearly outweigh the interests favoring access, the court may classify the records of the action,
3050     or any part of the records of the action, other than the final order, judgment, or decree, as
3051     private.
3052          (c) An order classifying part of the records of the action as private does not apply to
3053     subsequent filings.
3054          (d) The record of an action is private until the court determines it is possible to release
3055     the record without prejudice to the interests that justified the closure.
3056          (2) (a) Any interested person may petition the court to permit access to a record
3057     classified as private as described in Subsection (1).
3058          (b) The interested person described in Subsection (2)(a) shall serve the petition on the
3059     parties to the closure order.
3060          (3) A party shall place the social security number of any individual, who is the subject
3061     of an action under this title, in the records relating to the matter.
3062     The following section is affected by a coordination clause at the end of this bill.
3063          Section 65. Section 81-1-203, which is renumbered from Section 30-3-3 is renumbered

3064     and amended to read:
3065          [30-3-3].      81-1-203. Award of costs and attorney and witness fees --
3066     Temporary support and maintenance.
3067          [(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate
3068     Maintenance, or Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and in any
3069     action to establish an order of custody, parent-time, child support, alimony, or division of
3070     property in a domestic case]
3071          (1) (a) In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter
3072     7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody,
3073     parent-time, child support, alimony, or the division of property in a domestic case, the court
3074     may order a party to pay the costs, attorney fees, and witness fees, including expert witness
3075     fees, of the other party to enable the other party to prosecute or defend the action.
3076          (b) The order under Subsection (1)(a) may include a provision for costs of the action.
3077          (2) In [any] an action to enforce an order of custody, parent-time, child support,
3078     alimony, or division of property in a domestic case, the court may award costs and attorney fees
3079     upon determining that the party substantially prevailed upon the claim or defense.
3080          (3) The court, in [its] the court's discretion, may award no fees or limited fees against a
3081     party if the court finds the party is [impecunious] indigent or enters in the record the reason for
3082     not awarding fees.
3083          [(3)] (4) In [any action listed in] an action described in Subsection (1), the court may
3084     order a party to provide money, during the pendency of the action, for the separate support and
3085     maintenance of the other party and of [any children] a minor child in the custody of the other
3086     party.
3087          (5) The court may amend an order entered in accordance with this section before the
3088     entry of the final order or judgment or in the final order or judgment.
3089          [(4) Orders entered under this section prior to entry of the final order or judgment may
3090     be amended during the course of the action or in the final order or judgment.]
3091          Section 66. Section 81-1-204 is enacted to read:
3092          81-1-204. Continuing jurisdiction of a court in a domestic relations action.
3093          In an action under this title, the court has continuing jurisdiction after a decree or final
3094     order is entered to make subsequent changes to the order, or to enter a new order, including an

3095     order regarding:
3096          (1) the distribution of the property and obligations for debts, as is reasonable and
3097     necessary, for an action described in Chapter 4, Dissolution of Marriage;
3098          (2) alimony in accordance with Section 81-4-503;
3099          (3) child support and medical expenses in accordance with Sections 81-6-208 and
3100     81-6-212; and
3101          (4) custody and parent-time in accordance with Section 81-9-208.
3102          Section 67. Section 81-2-101 is enacted to read:
3103     
CHAPTER 2. MARRIAGE

3104     
Part 1. General Provisions

3105          81-2-101. Definitions for chapter.
3106          Reserved.
3107          Section 68. Section 81-2-102, which is renumbered from Section 30-1-4.1 is
3108     renumbered and amended to read:
3109          [30-1-4.1].      81-2-102. Marriage recognition policy.
3110          (1) (a) It is the policy of this state to recognize as marriage only the legal union of a
3111     man and a woman as provided in this chapter.
3112          (b) Except for the relationship of marriage between a man and a woman recognized
3113     pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law
3114     creating any legal status, rights, benefits, or duties that are substantially equivalent to those
3115     provided under Utah law to a man and a woman because they are married.
3116          (2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties
3117     that are enforceable independently of this section.
3118          Section 69. Section 81-2-201, which is renumbered from Section 30-1-36 is
3119     renumbered and amended to read:
3120     
Part 2. Premarital Counseling

3121          [30-1-36].      81-2-201. Definitions for part.
3122          As used in this part:
3123          (1) [Premarital counseling may include] "Premarital counseling" includes group
3124     counseling, individual counseling, and couple counseling.
3125          (2) [Premarital education may include] "Premarital education" includes:

3126          (a) a lecture, class, seminar, or workshop provided by a person that meets the
3127     requirements of Subsection [30-1-34(2)(b)(i)] 81-2-206(2)(b)(i); or
3128          (b) an online course approved by the Utah Marriage Commission as provided in
3129     Subsection [30-1-34(2)(b)(i)(F)] 81-2-206(2)(b)(i)(F).
3130          Section 70. Section 81-2-202, which is renumbered from Section 30-1-30 is
3131     renumbered and amended to read:
3132          [30-1-30].      81-2-202. Premarital counseling or education -- State policy --
3133     Applicability.
3134          It is the policy of the state to enhance the possibility of couples to achieve more stable,
3135     satisfying, and enduring marital and family relationships by providing opportunities for and
3136     encouraging the use of premarital counseling or education before securing a marriage license.
3137          Section 71. Section 81-2-203, which is renumbered from Section 30-1-31 is
3138     renumbered and amended to read:
3139          [30-1-31].      81-2-203. Premarital counseling board in county -- Appointment,
3140     terms, compensation, offices -- Common counseling board with adjacent county.
3141          [The boards of commissioners of the respective counties in this state are]
3142          (1) A county is authorized to:
3143          (a) provide for premarital counseling; and [to]
3144          (b) require the use of premarital counseling as a condition precedent to the issuance of
3145     a marriage license under the provisions of this [act] part.
3146          (2) [They] The county may appoint a premarital counseling board consisting of seven
3147     members, four of whom shall be lay persons and three of whom shall be chosen from the
3148     professions of psychiatry, psychology, social work, marriage counseling, the clergy, law or
3149     medicine.
3150          (3) [They] The county may designate the terms of office and the procedures to be
3151     followed by the premarital counseling board and provide for payment of compensation and
3152     expenses for members.
3153          (4) [They] The county may pay the salaries and expenses of a counseling staff under
3154     the supervision of the premarital counseling board and provide office space, furnishings,
3155     equipment and supplies for [their] the board's use.
     

3156     (5) A county may join with an adjacent county or counties in forming a common premarital
3157     counseling board and in establishing a common master plan for premarital counseling.
3158          Section 72. Section 81-2-204, which is renumbered from Section 30-1-32 is
3159     renumbered and amended to read:
3160          [30-1-32].      81-2-204. Master plan for counseling.
3161          (1) It shall be the function and duty of the premarital counseling board, after holding
3162     public hearings, to make, adopt, and certify to the county legislative body a master plan for
3163     premarital counseling of marriage license applicants within the purposes and objectives of this
3164     [act] part.
3165          (2) The master plan described in Subsection (1) shall include:
3166          (a) counseling procedures that:
3167          (i) will make applicants aware of problem areas in their proposed marriage;
3168          (ii) suggest ways of meeting problems; and
3169          (iii) will induce reconsideration or postponement when:
3170          (A) the applicants are not sufficiently matured or are not financially capable of meeting
3171     the responsibilities of marriage; or
3172          (B) are marrying for reasons not conducive to a sound lasting marriage; and
3173          (b) standards for evaluating premarital counseling received by the applicants, prior to
3174     their application for a marriage license, which would justify issuance of certificate without
3175     further counseling being given or required.
3176          (3) The premarital counseling board may, from time to time, amend or extend the plan
3177     described in Subsection (1).
3178          (4) The premarital counseling board may, subject to Subsection (5):
3179          (a) appoint a staff and employees as may be necessary for its work; and
3180          (b) contract with social service agencies or other consultants within the county or
3181     counties for services it requires.
3182          (5) Expenditures for the appointments and contracts described in Subsection (4) may
3183     not exceed the sums appropriated by the county legislative body plus sums placed at its
3184     disposal through gift or otherwise.
3185          Section 73. Section 81-2-205, which is renumbered from Section 30-1-33 is
3186     renumbered and amended to read:

3187          [30-1-33].      81-2-205. Conformity to master plan for counseling as prerequisite
3188     to marriage license -- Exceptions.
3189          Whenever [the board of commissioners of] a county has adopted a master plan for
3190     premarital counseling no resident of the county may obtain a marriage license without
3191     conforming to the plan, except that:
3192          (1) [Any person] an individual who applies for a marriage license shall have the right
3193     to secure the license and to marry notwithstanding [their] the individual's failure to conform to
3194     the required premarital counseling or [their] the individual's failure to obtain a certificate of
3195     authorization from the premarital counseling board if [they wait] the individual waits six
3196     months from the date of application for issuance of the license[.];
3197          (2) [This chapter] this part does not apply to any application for a marriage license
3198     where both parties are at least 19 years [of age] old and neither has been previously divorced[.];
3199          (3) [This chapter] this part does not apply to any application for a marriage license
3200     unless both applicants have physically resided in Utah for 60 days immediately preceding their
3201     application[.]; or
3202          (4) [Premarital counseling required by this act shall be] premarital counseling required
3203     by this part is considered fulfilled if the applicants present a certificate verified by a clergyman
3204     that the applicants have completed a course of premarital counseling approved by a church and
3205     given by or under the supervision of the clergyman.
3206          Section 74. Section 81-2-206, which is renumbered from Section 30-1-34 is
3207     renumbered and amended to read:
3208          [30-1-34].      81-2-206. Completion of counseling or education.
3209          (1) The county clerk of a county that operates an online marriage application system
3210     and issues a marriage license to applicants who certify completion of premarital counseling or
3211     education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
3212          (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
3213     completion of premarital counseling or education in accordance with this Subsection (2).
3214          (b) To complete premarital counseling or education, the applicants:
3215          (i) shall obtain the premarital counseling or education from:
3216          (A) a licensed or ordained minister or the minister's designee who is trained by the
3217     minister or denomination to conduct premarital counseling or education;

3218          (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
3219     Practice Act;
3220          (C) an individual certified by a national organization recognized by the Utah Marriage
3221     Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as a family life
3222     educator;
3223          (D) a family and consumer sciences educator;
3224          (E) an individual who is an instructor approved by a premarital education curriculum
3225     that meets the requirements of Subsection (2)(b)(ii); or
3226          (F) an online course approved by the Utah Marriage Commission;
3227          (ii) shall receive premarital counseling or education that includes information on
3228     important factors associated with strong and healthy marriages, including:
3229          (A) commitment in marriage; and
3230          (B) effective communication and problem-solving skills, including avoiding violence
3231     and abuse in the relationship;
3232          (iii) shall complete at least three hours of premarital counseling or six hours of
3233     premarital education meeting the requirements of this Subsection (2); and
3234          (iv) shall complete the premarital counseling or education meeting the requirements of
3235     this Subsection (2) not more than one year before but at least 14 days before the day on which
3236     the marriage license is issued.
3237          (c) Although applicants are encouraged to take the premarital counseling or education
3238     together, each applicant may comply with the requirements of this Subsection (2) separately.
3239          (3) A provider of premarital counseling or education under this section is encouraged
3240     to use research-based relationship inventories.
3241          Section 75. Section 81-2-207, which is renumbered from Section 30-1-35 is
3242     renumbered and amended to read:
3243          [30-1-35].      81-2-207. Persons performing counseling services designated by
3244     board -- Exemption from license requirements.
3245          For the purposes of this [chapter] part, the premarital counseling board of each county
3246     or combination of counties may determine those persons who are to perform any services under
3247     this [chapter] part and any person so acting is not subject to prosecution or other sanctions for
3248     the person's failure to hold any license for these services as may be required by the laws of the

3249     state.
3250          Section 76. Section 81-2-208, which is renumbered from Section 30-1-37 is
3251     renumbered and amended to read:
3252          [30-1-37].      81-2-208. Confidentiality of information obtained under counseling
3253     provisions.
3254          (1) Except for the information required or to be required on the marriage license
3255     application form, any information given by a marriage license applicant in compliance with this
3256     [chapter] part:
3257          (a) shall be confidential information [and]; and
3258          (b) may not be released by any person, board, commission, or other entity. [However,]
3259          (2) Notwithstanding Subsection (1), the premarital counseling board or board of
3260     commissioners may use the information given by a marriage license applicant, without
3261     identification of individuals, to compile and release statistical data.
3262          Section 77. Section 81-2-209, which is renumbered from Section 30-1-38 is
3263     renumbered and amended to read:
3264          [30-1-38].      81-2-209. Fee for counseling.
3265          Any county adopting a master plan under this act is authorized to charge, in addition to
3266     [its] the county's ordinary marriage license application fees, not more than $10 for premarital
3267     counseling, to be paid by the applicants at the time [they] the applicants make application.
3268          Section 78. Section 81-2-301 is enacted to read:
3269     
Part 3. Marriage License and Solemnization

3270          81-2-301. Definitions for part.
3271          As used in this part:
3272          (1) "County clerk" means:
3273          (a) the county clerk of the county; or
3274          (b) an employee or designee of the county clerk who is authorized to issue marriage
3275     licenses or solemnize marriages.
3276          (2) "Judge or magistrate of the United States" means:
3277          (a) a justice of the United States Supreme Court;
3278          (b) a judge of a court of appeals;
3279          (c) a judge of a district court;

3280          (d) a judge of any court created by an act of Congress, the judges of which are entitled
3281     to hold office during good behavior;
3282          (e) a judge of a bankruptcy court;
3283          (f) a judge of a tax court; or
3284          (g) a United States magistrate.
3285          (3) "Minor" means an individual who is 16 or 17 years old.
3286          (4) (a) "Native American spiritual advisor" means an individual who:
3287          (i) leads, instructs, or facilitates a Native American religious ceremony or service or
3288     provides religious counseling; and
3289          (ii) is recognized as a spiritual advisor by a federally recognized Native American tribe.
3290          (b) "Native American spiritual advisor" includes a sweat lodge leader, medicine
3291     person, traditional religious practitioner, or holy man or woman.
3292          Section 79. Section 81-2-302, which is renumbered from Section 30-1-7 is renumbered
3293     and amended to read:
3294          [30-1-7].      81-2-302. Marriage licenses -- Use within state -- Expiration.
3295          (1) [No marriage may be] A marriage may not be solemnized in this state without a
3296     license issued by the county clerk of any county of this state.
3297          (2) A license issued within this state by a county clerk may only be used within this
3298     state.
3299          (3) A license that is not used within 32 days after the day on which the licensed is
3300     issued is void.
3301     The following section is affected by a coordination clause at the end of this bill.
3302          Section 80. Section 81-2-303, which is renumbered from Section 30-1-8 is renumbered
3303     and amended to read:
3304          [30-1-8].      81-2-303. Application for marriage license -- Contents.
3305          [(1) As used in this section, "minor" means the same as that term is defined in Section
3306     30-1-9.]
3307          [(2)] (1) A county clerk may issue a marriage license only after an application is filed
3308     with the county clerk's office, requiring the following information:
3309          (a) the full names of the applicants, including the maiden or bachelor name of each
3310     applicant;

3311          (b) the social security numbers of the applicants, unless an applicant has not been
3312     assigned a number;
3313          (c) the current address of each applicant;
3314          (d) the date and place of birth, including the town or city, county, state or country, if
3315     possible;
3316          (e) the names of the applicants' respective parents, including the maiden name of a
3317     mother; and
3318          (f) the birthplaces of the applicants' respective parents, including the town or city,
3319     county, state or country, if possible.
3320          [(3)] (2) (a) If one or both of the applicants is a minor, the county clerk shall provide
3321     each minor with a standard petition on a form provided by the Judicial Council to be presented
3322     to the juvenile court to obtain the authorization required by Section [30-1-9] 81-2-304.
3323          (b) The form described in Subsection [(3)(a)] (2)(a) shall include:
3324          (i) all information described in Subsection [(2)] (1);
3325          (ii) [in accordance with Subsection 30-1-9(2)(a),] a place for the parent or legal
3326     guardian to indicate the parent or legal guardian's relationship to the minor in accordance with
3327     Subsection 81-2-304(1)(a);
3328          (iii) an affidavit for the parent or legal guardian to acknowledge the penalty described
3329     in Section [30-1-9.1] 81-2-304 signed under penalty of perjury;
3330          (iv) an affidavit for each applicant regarding the accuracy of the information contained
3331     in the marriage application signed under penalty of perjury; and
3332          (v) a place for the clerk to sign that indicates that the following have provided
3333     documentation to support the information contained in the form:
3334          (A) each applicant; and
3335          (B) the minor's parent or legal guardian.
3336          [(4)] (3) (a) The social security numbers obtained under the authority of this section
3337     may not be recorded on the marriage license[,] and are not open to inspection as a part of the
3338     vital statistics files.
3339          (b) The [Department of Health,] Bureau of Vital Records and Health Statistics shall,
3340     upon request, supply the social security numbers to the Office of Recovery Services [within the
3341     Department of Human Services].

3342          (c) The Office of Recovery Services may not use a social security number obtained
3343     under the authority of this section for any reason other than the administration of child support
3344     services.
3345          (4) (a) A county clerk may not issue a marriage license until an affidavit is made before
3346     the clerk by a party applying for the marriage license that shows there is no lawful reason in the
3347     way of the marriage.
3348          (b) The county clerk shall file and preserve the affidavit under Subsection (4)(a).
3349          (c) A party who makes an affidavit described in Subsection (4)(a), or a subscribing
3350     witness to the affidavit who falsely swears in the affidavit, is guilty of perjury.
3351          (5) A county clerk who knowingly issues a marriage license for any prohibited
3352     marriage is guilty of a class A misdemeanor.
3353          Section 81. Section 81-2-304, which is renumbered from Section 30-1-9 is renumbered
3354     and amended to read:
3355          [30-1-9].      81-2-304. Marriage of a minor -- Consent of parent or guardian --
3356     Juvenile court authorization.
3357          [(1) For purposes of this section, "minor" means an individual that is 16 or 17 years
3358     old.]
3359          [(2)] (1) (a) If [at the time of applying for a license the applicant is a minor, and not
3360     before the minor is married, a license may not be issued] an applicant is a minor at the time of
3361     applying for a license, a county clerk may not issue a marriage license without the signed
3362     consent of the minor's parent or legal guardian given in person to the clerk, except that:
3363          (i) if the parents of the minor are divorced, consent shall be given by the parent having
3364     legal custody of the minor as evidenced by an oath of affirmation to the clerk;
3365          (ii) if the parents of the minor are divorced and have been awarded joint custody of the
3366     minor, consent shall be given by the parent having physical custody of the minor the majority
3367     of the time as evidenced by an oath of affirmation to the clerk; or
3368          (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
3369     consent and provide proof of guardianship by court order as well as an oath of affirmation.
3370          (b) Each applicant, and [if an applicant is a minor,] the minor's consenting parent or
3371     legal guardian if an applicant is a minor, shall appear in person before the county clerk and
3372     provide legal documentation to establish the following information:

3373          (i) the legal relationship between the minor and the minor's parent or legal guardian;
3374          (ii) the legal name and identity of the minor; and
3375          (iii) the birth date of each applicant.
3376          (c) An individual may present the following documents to satisfy a requirement
3377     described in Subsection [(2)(b)] (1)(b):
3378          (i) for verifying the legal relationship between the minor and the minor's parent or legal
3379     guardian, one of the following:
3380          (A) the minor's certified birth certificate with the name of the parent, and an official
3381     translation if the birth certificate is in a language other than English;
3382          (B) a report of a birth abroad with the name of the minor and the parent;
3383          (C) a certified adoption decree with the name of the minor and the parent; or
3384          (D) a certified court order establishing custody or guardianship between the minor and
3385     the parent or legal guardian;
3386          (ii) for verifying the legal name and identity of the minor, one of the following:
3387          (A) an expired or current passport;
3388          (B) a driver's license;
3389          (C) a certificate of naturalization;
3390          (D) a military identification; or
3391          (E) a government employee identification card from a federal, state, or municipal
3392     government; and
3393          (iii) for verifying the birth date of each applicant, one of the following for each
3394     applicant:
3395          (A) a certified birth certificate;
3396          (B) a report of a birth abroad;
3397          (C) a certificate of naturalization;
3398          (D) a certificate of citizenship;
3399          (E) a passport;
3400          (F) a driver's license; or
3401          (G) a state identification card.
3402          (d) An individual may not use a temporary or altered document to satisfy a requirement
3403     described in Subsection [(2)(b)] (1)(b).

3404          [(3)] (2) (a) The minor and the parent or legal guardian of the minor shall obtain a
3405     written authorization to marry from:
3406          (i) a judge of the court exercising juvenile jurisdiction in the county where either party
3407     to the marriage resides; or
3408          (ii) a court commissioner as permitted by rule of the Judicial Council.
3409          (b) Before issuing written authorization for a minor to marry, the judge or court
3410     commissioner shall determine:
3411          (i) that the minor is entering into the marriage voluntarily; and
3412          (ii) the marriage is in the best [interests] interest of the minor under the circumstances.
3413          (c) The judge or court commissioner shall require that both parties to the marriage
3414     complete premarital counseling, except the requirement for premarital counseling may be
3415     waived if premarital counseling is not reasonably available.
3416          (d) The judge or court commissioner may require:
3417          (i) that the minor continue to attend school, unless excused under Section 53G-6-204;
3418     and
3419          (ii) any other conditions that the court deems reasonable under the circumstances.
3420          (e) The judge or court commissioner may not issue a written authorization to the minor
3421     if the age difference between both parties to the marriage is more than seven years.
3422          [(4)] (3) (a) The determination required in Subsection [(3)] (2) shall be made on the
3423     record.
3424          (b) Any inquiry conducted by the judge or commissioner may be conducted in
3425     chambers.
3426          (4) (a) A parent or legal guardian who knowingly consents or allows a minor to enter
3427     into a marriage prohibited by law is guilty of a third degree felony.
3428          (b) An individual is guilty of a third degree felony if the individual:
3429          (i) knowingly, with or without a license, solemnizes the marriage of an individual who
3430     is younger than 18 years old and the marriage is prohibited by law;
3431          (ii) without a written authorization from the juvenile court, solemnizes a marriage to
3432     which a party is a minor;
3433          (iii) impersonates a parent or legal guardian of a minor to obtain a license for the minor
3434     to marry; or

3435          (iv) forges the name of a parent or legal guardian of a minor on any writing purporting
3436     to give consent to a marriage of a minor.
3437     The following section is affected by a coordination clause at the end of this bill.
3438          Section 82. Section 81-2-305, which is renumbered from Section 30-1-6 is renumbered
3439     and amended to read:
3440          [30-1-6].      81-2-305. Who may solemnize marriages -- Certificate.
3441          [(1) As used in this section:]
3442          [(a) "Judge or magistrate of the United States" means:]
3443          [(i) a justice of the United States Supreme Court;]
3444          [(ii) a judge of a court of appeals;]
3445          [(iii) a judge of a district court;]
3446          [(iv) a judge of any court created by an act of Congress, the judges of which are
3447     entitled to hold office during good behavior;]
3448          [(v) a judge of a bankruptcy court;]
3449          [(vi) a judge of a tax court; or]
3450          [(vii) a United States magistrate.]
3451          [(b) (i) "Native American spiritual advisor" means an individual who:]
3452          [(A) leads, instructs, or facilitates a Native American religious ceremony or service or
3453     provides religious counseling; and]
3454          [(B) is recognized as a spiritual advisor by a federally recognized Native American
3455     tribe.]
3456          [(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
3457     person, traditional religious practitioner, or holy man or woman.]
3458          [(2)] (1) The following individuals may solemnize a marriage:
3459          (a) an individual 18 years old or older who is authorized by a religious denomination to
3460     solemnize a marriage;
3461          (b) a Native American spiritual advisor;
3462          (c) the governor;
3463          (d) the lieutenant governor;
3464          (e) the state attorney general;
3465          (f) the state treasurer;

3466          (g) the state auditor;
3467          (h) a mayor of a municipality or county executive;
3468          (i) a justice, judge, or commissioner of a court of record;
3469          (j) a judge of a court not of record of the state;
3470          (k) a judge or magistrate of the United States;
3471          (l) the county clerk of any county in the state or the county clerk's designee as
3472     authorized by Section 17-20-4;
3473          (m) a senator or representative of the Utah Legislature;
3474          (n) a member of the state's congressional delegation; or
3475          (o) a judge or magistrate who holds office in Utah when retired, under rules set by the
3476     Supreme Court.
3477          [(3)] (2) An individual authorized under Subsection [(2)] (1) who solemnizes a
3478     marriage shall give to the couple married a certificate of marriage that shows the:
3479          (a) name of the county from which the license is issued; and
3480          (b) date of the license's issuance.
3481          [(4)] (3) Except for an individual described in Subsection [(2)(l)] (1)(l), an individual
3482     described in Subsection [(2)] (1) has discretion to solemnize a marriage.
3483          [(5)] (4) Except as provided in Section 17-20-4 and Subsection [(2)(l)] (1)(l), and
3484     notwithstanding any other provision in law, no individual authorized under Subsection [(2)] (1)
3485     to solemnize a marriage may delegate or deputize another individual to perform the function of
3486     solemnizing a marriage.
3487          (5) (a) Within 30 days after the day on which a marriage is solemnized, the individual
3488     solemnizing the marriage shall return the marriage license to the county clerk that issued the
3489     marriage license with a certificate of the marriage over the individual's signature stating the
3490     date and place of solemnization and the names of two or more witnesses present at the
3491     marriage.
3492          (b) An individual described in Subsection (5)(a) who fails to return the license is guilty
3493     of an infraction.
3494          (6) (a) An individual is guilty of a third degree felony if the individual knowingly:
3495          (i) solemnizes a marriage without a valid marriage license; or
3496          (ii) solemnizes a marriage in violation of this section.

3497          (b) An individual is guilty of a class A misdemeanor if the individual knowingly, with
3498     or without a marriage license, solemnizes a marriage between two individuals who are 18 years
3499     old or older that is prohibited by law.
3500          Section 83. Section 81-2-306, which is renumbered from Section 30-1-12 is
3501     renumbered and amended to read:
3502          [30-1-12].      81-2-306. County clerk to file license and certificate -- Designation
3503     as vital record.
3504          [(1) (a) The license, together with the certificate of the individual officiating at the
3505     marriage, shall be filed and preserved by the clerk, and shall be recorded by the clerk]
3506          (1) (a) The county clerk shall:
3507          (i) file and preserve the marriage license returned by an individual under Subsection
3508     81-2-305(5) with the certificate of the marriage; and
3509          (ii) record the marriage license and certificate in a book kept for that purpose[,] or by
3510     electronic means.
3511          (b) The record shall be properly indexed in the names of the parties so married.
3512          (2) An individual may use a diacritical mark, as defined in Section 26B-8-103, on a
3513     marriage license.
3514          (3) A transcript shall be promptly certified and transmitted by the clerk to the state
3515     registrar of vital statistics.
3516          (4) The marriage license and the certificate of the individual officiating at the marriage
3517     are:
3518          (a) vital records as defined in Section 26B-8-101; and [are]
3519          (b) subject to the inspection requirements described in Section 26B-8-125.
3520          Section 84. Section 81-2-401 is enacted to read:
3521     
Part 4. Validity of Marriage

3522          81-2-401. Definitions for part.
3523          Reserved.
3524          Section 85. Section 81-2-402, which is renumbered from Section 30-1-1 is renumbered
3525     and amended to read:
3526          [30-1-1].      81-2-402. Incestuous marriages void.
3527          (1) The following marriages are incestuous and void from the beginning, regardless of

3528     whether the relationship is legally recognized:
3529          (a) [marriages between parents and children] a marriage between a parent and a child;
3530          (b) [marriages between ancestors and descendants of every degree] a marriage between
3531     an ancestor and a descendant of any degree;
3532          (c) [marriages between siblings of the half as well as the whole blood] a marriage
3533     between siblings of the half or whole blood;
3534          [(d) marriages between:]
3535          [(i) uncles and nieces or nephews; or]
3536          [(ii) aunts and nieces or nephews;]
3537          (d) a marriage between an uncle and a niece or nephew;
3538          (e) a marriage between an aunt and a niece or nephew;
3539          [(e)] (f) [marriages between first cousins,] except as provided in Subsection (2), a
3540     marriage between first cousins; or
3541          [(f)] (g) [marriages between any] except as provided in Subsection (2), a marriage
3542     between individuals related to each other within and not including the fifth degree of
3543     consanguinity computed according to the rules of the civil law[, except as provided in
3544     Subsection (2)].
3545          (2) First cousins may marry under the following circumstances:
3546          (a) both parties are 65 years [of age] old or older; or
3547          (b) if both parties are 55 years [of age] old or older, upon a finding by the district court,
3548     located in the district in which either party resides, that either party is unable to reproduce.
3549          Section 86. Section 81-2-403, which is renumbered from Section 30-1-2 is renumbered
3550     and amended to read:
3551          [30-1-2].      81-2-403. Marriages prohibited and void.
3552          (1) The following marriages are prohibited and declared void:
3553          (a) when there is a spouse living[,] from whom the individual marrying has not been
3554     divorced;
3555          (b) except as provided in Subsection (2), [when an applicant is] the individual
3556     marrying is under 18 years old; [and] or
3557          (c) between a divorced individual and any individual other than the one from whom the
3558     divorce was secured until:

3559          (i) the divorce decree becomes absolute[, and,]; and
3560          (ii) if an appeal is taken, until after the affirmance of the divorce decree.
3561          (2) A marriage of an individual under 18 years old is not void if the individual:
3562          (a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile
3563     court authorization in accordance with Section [30-1-9] 81-2-304; or
3564          (b) lawfully marries before May 14, 2019.
3565          Section 87. Section 81-2-404, which is renumbered from Section 30-1-2.1 is
3566     renumbered and amended to read:
3567          [30-1-2.1].      81-2-404. Validation of a marriage to an individual subject to
3568     chronic epileptic fits who had not been sterilized.
3569          [All marriages, otherwise valid and legal, contracted prior to the effective date of this
3570     act, to which either party was subject to chronic epileptic fits and who had not been sterilized,
3571     as provided by law, are hereby validated and legalized in all respects as though such marriages
3572     had been duly and legally contracted in the first instance.] A marriage between two individuals
3573     that was not valid or legal before May 14, 1963, on the basis that a party was subject to chronic
3574     epileptic fits and had not been sterilized is considered valid and legal in this state.
3575     The following section is affected by a coordination clause at the end of this bill.
3576          Section 88. Section 81-2-405, which is renumbered from Section 30-1-2.2 is
3577     renumbered and amended to read:
3578          [30-1-2.2].      81-2-405. Validation of a marriage on the basis of the race,
3579     ethnicity, or national origin of the parties.
3580          [All interracial marriages, otherwise valid and legal, contracted prior to July 1, 1965, to
3581     which one of the parties of the marriage was subject to disability to marry on account of
3582     Subsection 30-1-2(5) or (6), as those subsections existed prior to May 14, 1963, are hereby
3583     valid and made lawful in all respects as though such marriages had been duly and legally
3584     contracted in the first instance.] A marriage between two individuals that was not valid or legal
3585     before July 1, 1965, on the basis of the race, ethnicity, or national origin of those individuals is
3586     considered valid and legal in this state.
3587          Section 89. Section 81-2-406, which is renumbered from Section 30-1-2.3 is
3588     renumbered and amended to read:
3589          [30-1-2.3].      81-2-406. Validation of a marriage to an individual with acquired

3590     immune deficiency syndrome or other sexually transmitted disease.
3591          [Each marriage contracted prior to October 21, 1993, is valid and legal but for the
3592     prohibition described in Laws of Utah 1991, Chapter 117, Section 1, Subsection 30-1-2(1)
3593     regarding persons afflicted with acquired immune deficiency syndrome, syphilis, or gonorrhea,
3594     is hereby valid and made lawful in all respects as though that marriage had been legally
3595     contracted in the first instance.] A marriage between two individuals that was not valid or legal
3596     before October 21, 1993, on the basis that a party was afflicted with acquired immune
3597     deficiency syndrome, syphilis, or gonorrhea, is considered valid and legal in this state.
3598          Section 90. Section 81-2-407, which is renumbered from Section 30-1-4 is renumbered
3599     and amended to read:
3600          [30-1-4].      81-2-407. Validity of a foreign marriage -- Exceptions.
3601          A marriage solemnized in any other country, state, or territory, if valid where
3602     solemnized, is valid in this state, unless [it is a marriage]:
3603          (1) [that] the marriage would be prohibited and declared void in this state[,] under
3604     Subsection [30-1-2(1) (a)] 81-2-403(1)(a); or
3605          (2) the marriage is between parties who are related to each other within and including
3606     three degrees of consanguinity, except as provided in Subsection [30-1-1(2)] 81-2-402(2).
3607     The following section is affected by a coordination clause at the end of this bill.
3608          Section 91. Section 81-2-408, which is renumbered from Section 30-1-4.5 is
3609     renumbered and amended to read:
3610          [30-1-4.5].      81-2-408. Validity of marriage not solemnized or solemnized before
3611     an unauthorized individual.
3612          (1) A marriage [which] that is not solemnized according to this chapter [shall be] is
3613     legal and valid if a court or administrative order establishes that the marriage arises out of a
3614     contract between [a man and a woman] two individuals who:
3615          (a) are of legal age and capable of giving consent;
3616          (b) are legally capable of entering a solemnized marriage under the provisions of this
3617     chapter;
3618          (c) have cohabited;
3619          (d) mutually assume marital rights, duties, and obligations; and
3620          (e) who hold themselves out as and have acquired a uniform and general reputation as

3621     [husband and wife] spouses.
3622          (2) (a) A petition for an unsolemnized marriage shall be filed during the relationship
3623     described in Subsection (1), or within one year following the termination of that relationship.
3624          (b) Evidence of a marriage recognizable under this section may be:
3625          (i) manifested in any form[, and may be]; and
3626          (ii) proved under the same general rules of evidence as facts in other cases.
3627          (3) (a) A marriage solemnized before an individual professing to have authority to
3628     perform marriages may not be invalidated for lack of authority if consummated in the belief of
3629     the parties or either party that the person had authority and that the parties have been lawfully
3630     married.
3631          (b) Subsection (3)(a) may not be construed to validate a marriage that is prohibited or
3632     void under Section 81-2-403.
3633          Section 92. Section 81-2-409, which is renumbered from Section 30-1-3 is renumbered
3634     and amended to read:
3635          [30-1-3].      81-2-409. Legal recognition of a child when marriage is void.
3636          When a marriage is void under Subsection [30-1-2(1)(a)] 81-2-403(1)(a) and the parties
3637     entered into the marriage in good faith, a child of the marriage, who is born or conceived
3638     before the parties had actual knowledge that the marriage was void, shall be legally recognized
3639     as the child of the parties.
3640          Section 93. Section 81-3-101 is enacted to read:
3641     
CHAPTER 3. RIGHTS AND OBLIGATIONS DURING MARRIAGE

3642     
Part 1. Property Rights

3643          81-3-101. Definitions for part.
3644          Reserved.
3645          Section 94. Section 81-3-102, which is renumbered from Section 30-2-2 is renumbered
3646     and amended to read:
3647          [30-2-2].      81-3-102. Married individual's right to contract, sue, and be sued.
3648          [Contracts may be made by a wife, and liabilities incurred and enforced by or against
3649     her, to the same extent and in the same manner as if she were unmarried.] A married individual
3650     may contract, sue, or be sued, to the same extent and in the same manner as if the individual
3651     was unmarried.

3652          Section 95. Section 81-3-103, which is renumbered from Section 30-2-3 is renumbered
3653     and amended to read:
3654          [30-2-3].      81-3-103. Conveyances between spouses.
3655          A conveyance, transfer, or lien executed by [either husband or wife] an individual, to or
3656     in favor of the [other shall be] individual's spouse is valid to the same extent as between other
3657     persons.
3658          Section 96. Section 81-3-104, which is renumbered from Section 30-2-4 is renumbered
3659     and amended to read:
3660          [30-2-4].      81-3-104. Married individual's right to wages -- Actions for
3661     personal injury.
3662          (1) A [wife] married individual may:
3663          (a) receive the wages for [her] the individual's personal labor[,] as if unmarried;
3664          (b) maintain an action [therefor in her] in the individual's own name and hold the same
3665     in [her] the individual's own right[, and may] as if unmarried; and
3666          (c) prosecute and defend all actions for the preservation and protection of [her] the
3667     individual's rights and property as if unmarried.
3668          (2) [There shall be no right of recovery by the husband] A husband does not have a
3669     right of recovery:
3670          (a) on account of personal injury or wrong to [his wife, or] the husband's wife; or
3671          (b) for expenses connected [therewith, but the wife] with the personal injury or wrong
3672     to the husband's wife.
3673          (3) (a) A wife may recover against a third person for [such injury or wrong] a personal
3674     injury or wrong to the wife as if unmarried[, and such].
3675          (b) A recovery shall include expenses of medical treatment and other expenses paid or
3676     assumed by the husband.
3677          Section 97. Section 81-3-105, which is renumbered from Section 30-2-5 is renumbered
3678     and amended to read:
3679          [30-2-5].      81-3-105. Separate debts.
3680          (1) [Neither spouse is] A married individual is not personally liable for the separate
3681     debts, obligations, or liabilities of the [other] individual's spouse that are:
3682          (a) contracted or incurred before marriage;

3683          (b) contracted or incurred during marriage, except family expenses as provided in
3684     Section [30-2-9] 81-3-109;
3685          (c) contracted or incurred after divorce or an order for separate maintenance under [this
3686     title, except the spouse is personally liable for that portion of the expenses incurred on behalf
3687     of a minor child for reasonable and necessary medical and dental expenses, and other similar
3688     necessities as provided in a court order under Section 30-3-5, 30-4-3, or 78B-12-212, or an
3689     administrative order under Section 26B-9-224] Chapter 4, Dissolution of Marriage, except that
3690     the individual is personally liable for any support ordered by a court as described in Chapter 6,
3691     Child Support, or an administrative agency as described in Title 26B, Chapter 9, Recovery
3692     Services and Administration of Child Support; or
3693          (d) ordered by the court to be paid by the [other] individual's spouse under [Section
3694     30-3-5 or 30-4-3] Chapter 4, Dissolution of Marriage, and not in conflict with Section 15-4-6.5
3695     or 15-4-6.7.
3696          (2) [The] A creditor of a married individual may not reach the wages, earnings,
3697     property, rents, or other income of [one spouse may not be reached by a creditor of the other
3698     spouse] the individual's spouse to satisfy a debt, obligation, or liability [of the other spouse, as
3699     described] of the individual under Subsection (1).
3700          Section 98. Section 81-3-106, which is renumbered from Section 30-2-6 is renumbered
3701     and amended to read:
3702          [30-2-6].      81-3-106. Actions based on property rights.
3703          [Should the husband or wife obtain] If a married individual obtains possession or
3704     control of property belonging to the [other] individual's spouse before or after marriage, the
3705     owner of the property may maintain an action therefor, or for any right growing out of the
3706     same, in the same manner and to the same extent as if [they were] the individual was
3707     unmarried.
3708          Section 99. Section 81-3-107, which is renumbered from Section 30-2-7 is renumbered
3709     and amended to read:
3710          [30-2-7].      81-3-107. Liability for spouse's torts.
3711          [For civil injuries committed by a married woman damages may be recovered from her
3712     alone, and her husband]
3713          (1) If a married individual is held liable in a civil action, the plaintiff may recover

3714     damages from the individual alone.
3715          (2) The spouse of the individual described in Subsection (1) may not be held liable [for
3716     those civil injuries] in the civil action, except in [cases where he would be jointly liable with
3717     her] an action where the spouse would be jointly liable with the individual if the marriage did
3718     not exist.
3719          Section 100. Section 81-3-108, which is renumbered from Section 30-2-8 is
3720     renumbered and amended to read:
3721          [30-2-8].      81-3-108. Agency between spouses.
3722          A [husband or wife] married individual may:
3723          (1) constitute the [other his or her] attorney in fact to control and dispose of [his or her
3724     property for their mutual benefit] the property of the individual's spouse for the mutual benefit
3725     of the individual and the individual's spouse or otherwise[, and may]; and
3726          (2) revoke the appointment the same as other persons.
3727          Section 101. Section 81-3-109, which is renumbered from Section 30-2-9 is
3728     renumbered and amended to read:
3729          [30-2-9].      81-3-109. Family expenses -- Joint and several liability.
3730          [(1) The expenses of the family and the education of the children are chargeable upon
3731     the property of both spouses or of either of them separately, for which expenses they may be
3732     sued jointly or separately.]
3733          (1) As used in this section:
3734          (a) "Family expenses" means expenses incurred that benefit and promote the family
3735     unit.
3736          (b) "Family expenses" do not include items purchased in accordance with a written
3737     contract or agreement during the marriage that do not relate to the expenses described in
3738     Subsection (1)(a).
3739          (2) (a) A married individual, and the married individual's property, is chargeable for
3740     family expenses and expenses for the education of a minor child.
3741          (b) A married individual may be sued separately or jointly with the individual's spouse
3742     for the expenses described in Subsection (2)(a).
3743          [(2)] (3) For the expenses described in Subsection [(1),] (2), where there is a written
3744     agreement signed by [either] a spouse that allows for the recovery of agreed upon amounts, a

3745     creditor or an assignee or successor in interest of the creditor is entitled to recover the
3746     contractually allowed amounts against both spouses, jointly and severally.
3747          [(3)] (4) Subsection [(2)] (3) applies to all contracts and agreements under this section
3748     entered into by [either] a spouse during the time the parties are married and living together.
3749          [(4) For the purposes of this section, family expenses are considered expenses incurred
3750     that benefit and promote the family unit. Items purchased pursuant to a written contract or
3751     agreement during the marriage that do not relate to family expenses are not covered by this
3752     section.]
3753          (5) The provisions of Subsections [(2) and (3)] (3) and (4) do not create a right to
3754     attorney's fees or collection fees as to the nonsigning spouse for purchases of:
3755          (a) food or clothing; or
3756          (b) home improvements or repairs over $5,000.
3757          Section 102. Section 81-3-110, which is renumbered from Section 30-2-10 is
3758     renumbered and amended to read:
3759          [30-2-10].      81-3-110. Homestead rights -- Custody of a minor child.
3760          [Neither the husband nor wife can remove the other or their children]
3761          (1) A married individual may not remove the individual's spouse or minor child from
3762     the homestead without the consent of the [other] individual's spouse, unless the owner of the
3763     property shall in good faith provide another homestead suitable to the condition in life of the
3764     family[; and if a husband or wife abandons his or her spouse, that spouse].
3765          (2) If a married individual abandons the individual's spouse, the individual's spouse is
3766     entitled to the custody of [the minor children] a minor child, unless a court [of competent
3767     jurisdiction shall otherwise direct] with jurisdiction orders otherwise.
3768          Section 103. Section 81-3-111, which is renumbered from Section 30-2-11 is
3769     renumbered and amended to read:
3770          [30-2-11].      81-3-111. Action for consortium due to personal injury.
3771          (1) [For purposes of] As used in this section:
3772          (a) ["injury"] "Injury" or "injured" means a significant permanent injury to [a person]
3773     an individual that substantially changes that [person's] individual's lifestyle [and includes the
3774     following], including:
3775          (i) a partial or complete paralysis of one or more of the extremities;

3776          (ii) significant disfigurement; or
3777          (iii) incapability of the [person] individual of performing the types of jobs the [person]
3778     individual performed before the injury[; and].
3779          (b) ["spouse"] "Spouse" means the legal relationship:
3780          (i) established between [a man and a woman] two individuals as recognized by the
3781     laws of this state; and
3782          (ii) existing at the time of the person's injury.
3783          (2) The spouse of [a person] an individual injured by a third party on or after May 4,
3784     1997, may maintain an action against the third party to recover for loss of consortium.
3785          (3) A claim for loss of consortium begins on the date of injury to the spouse.
3786          (4) The statute of limitations applicable to the injured [person] individual shall also
3787     apply to the spouse's claim of loss of consortium.
3788          [(4)] (5) A claim for the spouse's loss of consortium shall be:
3789          (a) made at the time the claim of the injured person is made and joinder of actions shall
3790     be compulsory; and
3791          (b) subject to the same defenses, limitations, immunities, and provisions applicable to
3792     the claims of the injured [person] individual.
3793          [(5)] (6) The spouse's action for loss of consortium:
3794          (a) shall be derivative from the cause of action existing [in] on behalf of the injured
3795     [person] individual; and
3796          (b) may not exist in cases where the injured [person] individual would not have a cause
3797     of action.
3798          [(6)] (7) Fault of the spouse of the injured [person] individual, as well as fault of the
3799     injured [person] individual, shall be compared with the fault of all other parties, pursuant to
3800     Sections 78B-5-817 through 78B-5-823, for purposes of reducing or barring any recovery by
3801     the spouse for loss of consortium.
3802          [(7)] (8) Damages awarded for loss of consortium, when combined with any award to
3803     the injured [person] individual for general damages, may not exceed any applicable statutory
3804     limit on noneconomic damages, including Section 78B-3-410.
3805          [(8)] (9) Damages awarded for loss of consortium which a governmental entity is
3806     required to pay, when combined with any award to the injured [person] individual which a

3807     governmental entity is required to pay, may not exceed the liability limit for one [person]
3808     individual in any one occurrence under Title 63G, Chapter 7, Governmental Immunity Act of
3809     Utah.
3810          Section 104. Section 81-3-201, which is renumbered from Section 30-8-2 is
3811     renumbered and amended to read:
3812     
Part 2. Uniform Premarital Agreement Act

3813          [30-8-2].      81-3-201. Definitions for part.
3814          As used in this [chapter] part:
3815          (1) "Premarital agreement" means an agreement between prospective spouses made in
3816     contemplation of marriage and to be effective upon marriage.
3817          (2) "Property" means an interest, present or future, legal or equitable, vested or
3818     contingent, in real or personal property, including income and earnings.
3819          Section 105. Section 81-3-202, which is renumbered from Section 30-8-3 is
3820     renumbered and amended to read:
3821          [30-8-3].      81-3-202. Writing -- Signature required.
3822               (1) A premarital agreement shall be in writing and signed by both parties.
3823          (2) [It] A premarital agreement is enforceable without consideration.
3824          Section 106. Section 81-3-203, which is renumbered from Section 30-8-4 is
3825     renumbered and amended to read:
3826          [30-8-4].      81-3-203. Content.
3827          (1) Parties to a premarital agreement may contract with respect to:
3828          (a) the rights and obligations of each of the parties in any of the property of either or
3829     both of them whenever and wherever acquired or located;
3830          (b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend,
3831     assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and
3832     control property;
3833          (c) the disposition of property upon separation, marital dissolution, death, or the
3834     occurrence or nonoccurrence of any other event;
3835          (d) the modification or elimination of spousal support;
3836          (e) the ownership rights in and disposition of the death benefit from a life insurance
3837     policy;

3838          (f) the choice of law governing the construction of the agreement, except that a court
3839     [of competent jurisdiction] with jurisdiction may apply the law of the legal domicile of either
3840     party, if it is fair and equitable; and
3841          (g) any other matter, including their personal rights and obligations, not in violation of
3842     public policy or a statute imposing a criminal penalty.
3843          (2) The right of a child, as defined in Section 81-6-101, to support, health and medical
3844     provider expenses, medical insurance, and child care coverage may not be affected by a
3845     premarital agreement.
3846          Section 107. Section 81-3-204, which is renumbered from Section 30-8-5 is
3847     renumbered and amended to read:
3848          [30-8-5].      81-3-204. Effect of marriage -- Amendment -- Revocation.
3849          (1) A premarital agreement becomes effective upon marriage.
3850          (2) (a) After marriage, a premarital agreement may be amended or revoked only by a
3851     written agreement signed by the parties.
3852          (b) The amended agreement or the revocation is enforceable without consideration.
3853          Section 108. Section 81-3-205, which is renumbered from Section 30-8-6 is
3854     renumbered and amended to read:
3855          [30-8-6].      81-3-205. Enforcement.
3856          (1) A premarital agreement is not enforceable if the party against whom enforcement is
3857     sought proves that:
3858          (a) that party did not execute the agreement voluntarily; or
3859          (b) the agreement was fraudulent when [it] the agreement was executed and, before
3860     execution of the agreement, that party:
3861          (i) was not provided a reasonable disclosure of the property or financial obligations of
3862     the other party insofar as was possible;
3863          (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the
3864     property or financial obligations of the other party beyond the disclosure provided; and
3865          (iii) did not have, or reasonably could not have had, an adequate knowledge of the
3866     property or financial obligations of the other party.
3867          (2) If a provision of a premarital agreement modifies or eliminates spousal support and
3868     that modification or elimination causes one party to the agreement to be eligible for support

3869     under a program of public assistance at the time of separation or marital dissolution, a court,
3870     notwithstanding the terms of the agreement, may require the other party to provide support to
3871     the extent necessary to avoid that eligibility.
3872          (3) An issue of fraud of a premarital agreement shall be decided by the court as a
3873     matter of law.
3874          Section 109. Section 81-3-206, which is renumbered from Section 30-8-7 is
3875     renumbered and amended to read:
3876          [30-8-7].      81-3-206. Enforcement -- Void marriage.
3877          If a marriage is determined to be void, an agreement that would otherwise have been a
3878     premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
3879          Section 110. Section 81-3-207, which is renumbered from Section 30-8-8 is
3880     renumbered and amended to read:
3881          [30-8-8].      81-3-207. Limitations of actions.
3882          Any statute of limitations applicable to an action asserting a claim for relief under a
3883     premarital agreement is tolled during the marriage of the parties to the agreement.
3884          Section 111. Section 81-3-208, which is renumbered from Section 30-8-9 is
3885     renumbered and amended to read:
3886          [30-8-9].      81-3-208. Application and construction.
3887          This [act] part shall be applied and construed to effectuate [its] the part's general
3888     purpose to make uniform the law with respect to the subject of this [act] part among states
3889     enacting [it] this uniform law.
3890          Section 112. Section 81-4-101 is enacted to read:
3891     
CHAPTER 4. DISSOLUTION OF MARRIAGE

3892     
Part 1. General Provisions

3893          81-4-101. Definitions for chapter.
3894          As used in this chapter:
3895          (1) "Alimony" means financial support made to a spouse or former spouse for the
3896     support and maintenance of that spouse.
3897          (2) "Child support" means the same as that term is defined in Section 81-6-101.
3898          Section 113. Section 81-4-102, which is renumbered from Section 30-1-17.4 is
3899     renumbered and amended to read:

3900          [30-1-17.4].      81-4-102. Action for annulment or divorce as alternative relief.
3901          Nothing [herein] in this chapter shall be construed to prevent the filing of an action
3902     requesting an annulment or a divorce as alternative relief.
3903          Section 114. Section 81-4-103, which is renumbered from Section 30-4a-1 is
3904     renumbered and amended to read:
3905          [30-4a-1].      81-4-103. Nunc pro tunc order by court.
3906          [A court having jurisdiction may, upon its] Upon a court's finding of good cause and
3907     giving of such notice as may be ordered, the court may enter an order nunc pro tunc in a matter
3908     relating to marriage, divorce, legal separation, or annulment of marriage.
3909     The following section is affected by a coordination clause at the end of this bill.
3910          Section 115. Section 81-4-104, which is renumbered from Section 30-3-4.5 is
3911     renumbered and amended to read:
3912          [30-3-4.5].      81-4-104. Temporary separation order.
3913          (1) [A petitioner] An individual may file an action for a temporary separation order,
3914     without filing a petition for divorce, by filing a petition for temporary separation and motion
3915     for temporary orders if:
3916          (a) the [petitioner] individual is lawfully married to the [respondent] individual from
3917     whom the separation is sought; and
3918          (b) both parties are residents of the state for at least 90 days [prior to the date of filing]
3919     before the day on which the action is filed.
3920          (2) The temporary orders are valid for one year [from the date of the hearing,] after the
3921     day on which the hearing for the order is held or until one of the following occurs:
3922          (a) a petition for divorce is filed and consolidated with the petition for temporary
3923     separation; or
3924          (b) the case is dismissed.
3925          (3) If a petition for divorce is filed and consolidated with the petition for temporary
3926     separation, orders entered in the temporary separation shall continue in the consolidated case.
3927          (4) (a) [Both] If the parties have a minor child, the parties shall attend the divorce
3928     orientation course described in Section [30-3-11.4] 81-4-105 within:
3929          (i) 60 days of the filing of the petition, for the petitioner[, and within];and
3930          (ii) 45 days of being served, for the respondent.

3931          (b) The clerk of the court shall provide notice to the petitioner of the requirement for
3932     the divorce orientation course.
3933          (c) The petition shall include information regarding the divorce orientation course
3934     when the petition is served on the respondent.
3935          (d) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil
3936     Procedure, a party may file, but the court may not hear, a motion for an order related to the
3937     petition for temporary separation, until the moving party completes the divorce orientation
3938     course.
3939          (e) The court may waive the requirement for the parties to attend the mandatory
3940     courses under this Subsection (4), on the court's own motion or on the motion of one of the
3941     parties, if the court determines course attendance and completion are not necessary,
3942     appropriate, feasible, or in the best interest of the parties.
3943          (5) The petitioner shall serve the petition for a temporary separation order in
3944     accordance with the Utah Rules of Civil Procedure.
3945          (6) If a party files for divorce within one year after the day on which the petition for
3946     temporary separation is filed, the filing fee for a petition for temporary separation shall be
3947     credited towards the filing fee for a divorce.
3948          [(5) Service shall be made upon respondent, together with a 20-day summons, in
3949     accordance with the rules of civil procedure.]
3950          [(6) The fee for filing the petition for temporary separation orders is $35. If either
3951     party files a petition for divorce within one year from the date of filing the petition for
3952     temporary separation, the separation filing fee shall be credited towards the filing fee for the
3953     divorce.]
3954     The following section is affected by a coordination clause at the end of this bill.
3955          Section 116. Section 81-4-105, which is renumbered from Section 30-3-11.4 is
3956     renumbered and amended to read:
3957          [30-3-11.4].      81-4-105. Mandatory orientation course for divorcing parties.
3958          (1) (a) There is established a mandatory divorce orientation course for all parties with
3959     [minor children] a minor child who file a petition for temporary separation or for a divorce. [A
3960     couple with no minor children is not required, but may choose to attend the course.]
3961          (b) The purpose of the course is to educate parties about the divorce process and

3962     reasonable alternatives.
3963          [(2) A petitioner shall attend a divorce orientation course no more than 60 days after
3964     filing a petition for divorce.]
3965          [(3) (a) With the exception of a temporary restraining order pursuant to Rule 65, Utah
3966     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
3967     related to the divorce or petition for temporary separation, until the moving party completes the
3968     divorce orientation course.]
3969          [(b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
3970     course before a divorce decree may be entered, unless waived by the court under Section
3971     30-3-4.]
3972          [(4) The respondent shall attend the divorce orientation course no more than 30 days
3973     after being served with a petition for divorce.]
3974          [(5) The clerk of the court shall provide notice to a petitioner of the requirement for the
3975     course, and information regarding the course shall be included with the petition or motion,
3976     when served on the respondent.]
3977          [(6)] (2) The divorce orientation course shall be neutral, unbiased, at least one hour in
3978     duration, and include:
3979          (a) options available as alternatives to divorce;
3980          (b) resources available from courts and administrative agencies for resolving custody
3981     and support issues without filing for divorce;
3982          (c) resources available to improve or strengthen the marriage;
3983          (d) a discussion of the positive and negative consequences of divorce;
3984          (e) a discussion of the process of divorce;
3985          (f) options available for proceeding with a divorce, including:
3986          (i) mediation;
3987          (ii) collaborative law; and
3988          (iii) litigation; and
3989          (g) a discussion of post-divorce resources.
3990          [(7)] (3) The course may be provided in conjunction with the mandatory course for
3991     divorcing parents required by Section [30-3-11.3] 81-4-106.
3992          [(8)] (4) (a) The Administrative Office of the Courts shall administer the course

3993     pursuant to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
3994          (b) The contracts shall provide for the recoupment of administrative expenses through
3995     the costs charged to individual parties as described in Subsection (6).
3996          [(9)] (5) The course may be through live instruction, video instruction, or through an
3997     online provider.
3998          [(10)] (6) (a) A participant shall pay the costs of the course, which may not exceed $30,
3999     to the independent contractor providing the course at the time and place of the course.
4000          (b) A petitioner who attends a live instruction course within 30 days of filing may not
4001     be charged more than $15 for the course.
4002          (c) A respondent who attends a live instruction course within 30 days of being served
4003     with a petition for divorce or temporary separation order may not be charged more than $15 for
4004     the course.
4005          (d) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
4006     deposited in the Children's Legal Defense Account described in Section 51-9-408.
4007          (e) Each party who is unable to pay the costs of the course may attend the course
4008     without payment upon a prima facie showing of indigency as evidenced by an affidavit of
4009     indigency filed in the district court in accordance with Section 78A-2-302. [The independent
4010     contractor shall be reimbursed for the independent contractor's costs by the Administrative
4011     Office of the Courts.]
4012          (f) A petitioner who is later determined not to meet the qualifications for indigency
4013     may be ordered to pay the costs of the course.
4014          [(11) Appropriations from the General Fund to the Administrative Office of the Courts
4015     for the divorce orientation course shall be used]
4016          (7) (a) The Administrative Office of the Courts shall reimburse an independent
4017     contractor that administers the mandatory orientation courts for the independent contractor's
4018     costs.
4019          (b) The Administrative Office of the Courts shall use appropriations from the
4020     Children's Legal Defense Account to pay the costs of an indigent [petitioner who is determined
4021     to be indigent as provided in Subsection (10)(e)] individual who makes a showing as described
4022     in Subsection (6) to attend the mandatory orientation course under this section.
4023          [(12)] (8) The Online Court Assistance Program shall include instructions with the

4024     forms for divorce that inform the petitioner of the requirement of this section.
4025          [(13)] (9) A certificate of completion constitutes evidence to the court of course
4026     completion by the parties.
4027          [(14)] (10) It [shall be] is an affirmative defense in all divorce actions that the divorce
4028     orientation requirement was not complied with[,] and the action may not continue until a party
4029     has complied.
4030          [(15)] (11) The Administrative Office of the Courts shall:
4031          (a) adopt a program to evaluate the effectiveness of the mandatory educational course[.
4032     Progress reports shall be provided if requested by the Judiciary Interim Committee.]; and
4033          (b) provide progress reports to the Judiciary Interim Committee if requested.
4034     The following section is affected by a coordination clause at the end of this bill.
4035          Section 117. Section 81-4-106, which is renumbered from Section 30-3-11.3 is
4036     renumbered and amended to read:
4037          [30-3-11.3].      81-4-106. Mandatory educational course for divorcing parents.
4038          (1) (a) The Judicial Council shall approve and implement a mandatory educational
4039     course for divorcing parents in all judicial districts.
4040          (b) The mandatory educational course is designed to educate and sensitize divorcing
4041     parties to their [children's] minor child's needs both during and after the divorce process.
4042          (2) The Judicial Council shall adopt rules to implement and administer this program.
4043          [(3) (a) As a prerequisite to receiving a divorce decree, both parties are required to
4044     attend a mandatory course on their children's needs after filing a complaint for divorce and
4045     receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived,
4046     the court may permit the divorce action to proceed.]
4047          [(b) With the exception of a temporary restraining order pursuant to Rule 65, Utah
4048     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
4049     related to the divorce until the moving party completes the mandatory educational course for
4050     divorcing parents required by this section.]
4051          [(4) The court may require unmarried parents to attend this educational course when
4052     those parents are involved in a visitation or custody proceeding before the court.]
4053          [(5)] (3) The mandatory educational course shall instruct both parties:
4054          (a) about divorce and its impacts on:

4055          (i) their [child or children] minor child;
4056          (ii) their family relationship; and
4057          (iii) their financial responsibilities for [their child or children] their minor child; and
4058          (b) that domestic violence has a harmful effect on [children] a minor child and family
4059     relationships.
4060          [(6)] (4) (a) The course may be provided through live instruction, video instruction, or
4061     an online provider.
4062          (b) The online and video options must be formatted as interactive presentations that
4063     ensure active participation and learning by the parent.
4064          [(7)] (5) (a) The Administrative Office of the Courts shall administer the course
4065     [pursuant to] in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through
4066     private or public contracts and organize the program in each of Utah's judicial districts.
4067          (b) The contracts shall provide for the recoupment of administrative expenses through
4068     the costs charged to individual parties[, pursuant to Subsection (9)] as described in Subsection
4069     (7).
4070          [(8)] (6) A certificate of completion constitutes evidence to the court of course
4071     completion by the parties.
4072          [(9)] (7) (a) Each party shall pay the costs of the course to the independent contractor
4073     providing the course at the time and place of the course.
4074          (b) A fee of $8 shall be collected, as part of the course fee paid by each participant, and
4075     deposited in the Children's Legal Defense Account[,] described in Section 51-9-408.
4076          [(b)] (c) Each party who is unable to pay the costs of the course may attend the course
4077     without payment upon a prima facie showing of indigency as evidenced by an affidavit of
4078     indigency filed in the district court in accordance with Section 78A-2-302. [In those situations,
4079     the independent contractor shall be reimbursed for the independent contractor's costs from the
4080     appropriation to the Administrative Office of the Courts for "Mandatory Educational Course
4081     for Divorcing Parents Program."]
4082          (d) Before a decree of divorce may be entered, the court shall make a final review and
4083     determination of indigency and may order the payment of the costs if so determined.
4084          [(10) Appropriations from the General Fund to the Administrative Office of the Courts
4085     for the "Mandatory Educational Course for Divorcing Parents Program" shall be used]

4086          (8) (a) The Administrative Office of the Courts shall reimburse an independent
4087     contractor that administers the mandatory educational course for the independent contractor's
4088     costs.
4089          (b) The Administrative Office of the Courts shall use appropriations from the
4090     Children's Legal Defense Account to pay the costs of an indigent parent who makes a showing
4091     as [provided in Subsection (9)(b)] described in Subsection (7) to attend the mandatory
4092     educational course under this section.
4093          [(11)] (9) The Administrative Office of the Courts shall:
4094          (a) adopt a program to evaluate the effectiveness of the mandatory educational course[.
4095     Progress reports shall be provided if requested by the Judiciary Interim Committee.]; and
4096          (b) provide progress reports to the Judiciary Interim Committee if requested.
4097          Section 118. Section 81-4-201 is enacted to read:
4098     
Part 2. Separate Maintenance

4099          81-4-201. Definitions for part.
4100          As used in this part:
4101          (1) "Petitioner" means an individual who brings a petition for separate maintenance.
4102          (2) "Respondent" means the individual against whom a petition for separate
4103     maintenance is brought.
4104          Section 119. Section 81-4-202, which is renumbered from Section 30-4-1 is
4105     renumbered and amended to read:
4106          [30-4-1].      81-4-202. Petition for separate maintenance -- Grounds.
4107          [Whenever a resident of this state:]
4108          (1) A married individual may bring a petition seeking separate maintenance from the
4109     married individual's spouse if:
4110          (a) the married individual, or the married individual's spouse, is a resident of this state;
4111     and
4112          (b) the married individual's spouse:
4113          [(1)] (i) deserts [a spouse] the married individual without good and sufficient cause;
4114          [(2)] (ii) being of sufficient ability to provide support, neglects or refuses to properly
4115     provide for and suitably maintain [that spouse] the married individual;
4116          [(3)] (iii) [having property within this state and the spouse being a resident of this state,

4117     so deserts or neglects or refuses to provide such support] has property within this state and
4118     deserts, neglects or refuses to provide support to the married individual; or
4119          [(4)] (iv) [where a married person without that person's fault lives separate and apart
4120     from that spouse, the district court shall, on the filing of a complaint, allot, assign, set apart and
4121     decree as alimony the use of the real and personal estate or earnings of the deserting spouse as
4122     the court may determine appropriate] lives separate and apart from the married individual
4123     without any fault to the married individual.
4124          (2) If a petition is filed under Subsection (1), the court shall allot, assign, set apart, and
4125     decree as alimony the use of the real and personal estate or earnings of the respondent as the
4126     court may determine is appropriate.
4127          (3) During the pendency of the action, the court may require the [deserting spouse]
4128     respondent to pay a sum as provided in Section [30-3-3] 81-1-203.
4129          Section 120. Section 81-4-203, which is renumbered from Section 30-4-2 is
4130     renumbered and amended to read:
4131          [30-4-2].      81-4-203. Venue -- Procedure.
4132          [In all actions brought hereunder the proceedings and practice shall be the same as near
4133     as may be as in actions for divorce; but the action may be brought in any county where the wife
4134     or the husband may be found.]
4135          (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall
4136     bring an action under this part in any county in which the petitioner or respondent is found.
4137          (2) An action under this part shall proceed in accordance with the Utah Rules of Civil
4138     Procedure.
4139          Section 121. Section 81-4-204, which is renumbered from Section 30-4-3 is
4140     renumbered and amended to read:
4141          [30-4-3].      81-4-204. Custody and maintenance of children -- Property and
4142     debt division -- Support payments.
4143          (1) [In all actions brought under this chapter] In an action under this part, the court may
4144     by order or decree:
4145          (a) provide for the care, custody, and maintenance of [the minor children] a minor child
4146     of the parties [and may determine with which of the parties the children or any of them shall
4147     remain];

4148          (b) (i) provide for support of [either] a spouse and the support of [the minor children] a
4149     minor child remaining with that spouse;
4150          (ii) provide how and when support payments [shall be] are made; and
4151          (iii) provide that [either] a spouse have a lien upon the property of the other spouse to
4152     secure payment of the support or maintenance obligation;
4153          (c) award to [either] a spouse the possession of any real or personal property of the
4154     other spouse or acquired by the spouses during the marriage; [or]
4155          (d) specify which party is responsible for the payment of joint debts, obligations, or
4156     liabilities of the parties contracted or incurred during marriage in accordance with Section
4157     15-4-6.5;
4158          (e) require the parties to notify respective creditors or obligees regarding the court's
4159     division of debts, obligations, or liabilities and regarding the parties' separate and current
4160     addresses in accordance with Section 15-4-6.5; or
4161          (f) provide for the enforcement of the orders described in Subsections (1)(a) and (e).
4162          [(d) pursuant to Section 15-4-6.5:]
4163          [(i) specify which party is responsible for the payment of joint debts, obligations, or
4164     liabilities contracted or incurred by the parties during the marriage;]
4165          [(ii) require the parties to notify respective creditors or obligees regarding the court's
4166     division of debts, obligations, and liabilities and regarding the parties' separate, current
4167     addresses; and]
4168          [(iii) provide for the enforcement of these orders.]
4169          (2) [The orders and decrees] A court may enforce an order or decree under this section
4170     [may be enforced]:
4171          (a) by sale of any property of the spouse [or by];
4172          (b) by contempt proceedings [or otherwise as may be necessary.]; or
4173          (c) as is otherwise necessary.
4174          (3) The court may:
4175          (a) change the support or maintenance of a party from time to time according to
4176     circumstances[, and may]; or
4177          (b) terminate altogether any obligation upon satisfactory proof of voluntary and
4178     permanent reconciliation.

4179          (4) An order or decree of support or maintenance [shall in every case be] described in
4180     this part is valid only during the joint lives of [the husband and wife] the parties.
4181          Section 122. Section 81-4-205, which is renumbered from Section 30-4-4 is
4182     renumbered and amended to read:
4183          [30-4-4].      81-4-205. Restraining disposal of property.
4184          [At the time of filing the complaint mentioned in Section 30-4-1]
4185          (1) At the time of the filing of a petition described in Section 81-4-202, or at any time
4186     subsequent [thereto, the plaintiff] to the filing of the petition, a party may procure from the
4187     court, and file with the county recorder of any county in the state in which the [defendant] other
4188     party may own real estate, an order enjoining and restraining the [defendant] other party from
4189     disposing of or encumbering the [same] real estate or any portion [thereof, describing such] of
4190     the real estate.
4191          (2) The party shall describe the real estate with reasonable certainty[, and from the time
4192     of filing such order the property described therein shall be charged with a lien in favor of the
4193     plaintiff to the extent of any judgment which may be rendered in the action.] in a filing
4194     described in Subsection (1).
4195          (3) From the time in which a party receives a court order described in Subsection (1),
4196     the party has a lien in favor of the party to the extent of any judgment that is rendered in an
4197     action under this part.
4198          Section 123. Section 81-4-206, which is renumbered from Section 30-4-5 is
4199     renumbered and amended to read:
4200          [30-4-5].      81-4-206. Rights and remedies -- Imprisonment of spouse.
4201          [Like rights and remedies shall be extended to either husband or wife on the
4202     imprisonment of the other in the state prison under a sentence of one year or more when
4203     suitable provision has not been made for the support of the one not so imprisoned.] If a party to
4204     an action for separate maintenance is imprisoned in the state prison for a sentence of one year
4205     or more and a suitable provision of support has not been made for the other party, the rights
4206     and remedies of this part shall be extended to the party that is not imprisoned.
4207          Section 124. Section 81-4-301 is enacted to read:
4208     
Part 3. Annulment

4209          81-4-301. Definitions for part.

4210          As used in this part:
4211          (1) "Petitioner" means an individual who brings a petition for an annulment.
4212          (2) "Respondent" means the individual against whom a petition for an annulment is
4213     brought.
4214          Section 125. Section 81-4-302, which is renumbered from Section 30-1-17.1 is
4215     renumbered and amended to read:
4216          [30-1-17.1].      81-4-302. Annulment -- Grounds.
4217          [A marriage may be annulled] A court may annul a marriage for any of the following
4218     causes existing at the time of the marriage:
4219          [(1) When the marriage is prohibited or void under Title 30, Chapter 1, Marriage.]
4220          (1) when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity
4221     of Marriage; or
4222          (2) [Upon] upon grounds existing at common law.
4223          Section 126. Section 81-4-303, which is renumbered from Section 30-1-17 is
4224     renumbered and amended to read:
4225          [30-1-17].      81-4-303. Petition for annulment -- Venue -- Judgment on validity
4226     of marriage.
4227          (1) (a) When there is doubt as to the validity of a marriage, [either party may, in a court
4228     of equity in a county where either party is domiciled,] a party to the marriage may bring a
4229     petition for annulment to demand avoidance or affirmance of the marriage[, but when].
4230          (b) If one of the parties was under 18 years old at the time of the marriage, the other
4231     party, being of proper age at the time of the marriage, [does not have a proceeding for that
4232     cause] may not bring a petition for annulment against the party who was under 18 years old.
4233          (2) A petitioner may bring a petition for annulment in any county where the petitioner
4234     or respondent is domiciled.
4235          (3) (a) If a petition for annulment is filed upon the ground that one or both of the
4236     parties were prohibited from marriage because of the age of the parties, the court may refuse to
4237     grant the annulment if the court finds that it is in the best interest of the parties, or a child of the
4238     parties, to refuse the annulment.
4239          (b) The refusal to annul under Subsection (3)(a) makes the marriage valid and
4240     subsisting for all purposes.

4241          (4) If the parties have accumulated any property or acquired any obligations subsequent
4242     to the marriage, if there is a genuine need arising from an economic change of circumstances
4243     due to the marriage, or if there is a child born or expected, the court may make temporary and
4244     final orders, and subsequently modify the orders, as may be equitable, in regards to:
4245          (a) the property and obligations of the parties;
4246          (b) the support and maintenance of the parties and a child, as defined in Section
4247     81-6-101, of the parties; and
4248          (c) the custody and parent-time for a minor child of the parties.
4249          (5) [The judgment in the action shall either declare the marriage valid or annulled and
4250     shall be conclusive] A judgment in an action under this part:
4251          (a) shall declare the marriage valid or annulled; and
4252          (b) is conclusive upon all persons concerned with the marriage.
4253     The following section is affected by a coordination clause at the end of this bill.
4254          Section 127. Section 81-4-401 is enacted to read:
4255     
Part 4. Divorce

4256          81-4-401. Definitions for part.
4257          As used in this part:
4258          (1) "Cohabitation" means the same as the term, "cohabit," is defined in Section
4259     81-4-501.
4260          (2) "Mandatory courses" means:
4261          (a) the mandatory divorce orientation course described in Section 81-4-105; and
4262          (b) the mandatory educational course for divorcing parents described in Section
4263     81-4-106.
4264          (3) "Petitioner" means the individual who brings a petition for divorce.
4265          (4) "Respondent" means the individual against whom a petition for divorce is brought.
4266     The following section is affected by a coordination clause at the end of this bill.
4267          Section 128. Section 81-4-402 is enacted to read:
4268          81-4-402. Petition for divorce -- Divorce proceedings -- Temporary orders.
4269          (1) An individual may bring a petition for divorce if:
4270          (a) the individual or the individual's spouse is an actual and bona fide resident of the
4271     county where the petition is filed for at least 90 days before the day on which the petition is

4272     filed; or
4273          (b) the individual is a member of the armed forces of the United States and the
4274     individual is stationed under military orders in this state for at least 90 days before the day on
4275     which the petition is filed.
4276          (2) A divorce action shall be commenced and conducted in accordance with this
4277     chapter and the Utah Rules of Civil Procedure.
4278          (3) (a) The court may not enter a decree of divorce until 30 days after the day on which
4279     the petition is filed, unless the court finds that extraordinary circumstances exist.
4280          (b) The court may make interim orders as the court considers just and equitable before
4281     the expiration of the 30-day period described in Subsection (3)(a).
4282          (4) (a) Except as provided in Subsection (5), if the parties to the divorce action have a
4283     minor child, the parties shall attend the mandatory courses described in Sections 81-4-105 and
4284     81-4-106 within:
4285          (i) for the petitioner, 60 days after the day on which the petition is filed; and
4286          (ii) for the respondent, 30 days after the day on which the respondent is served.
4287          (b) If the parties to a divorce action do not have a minor child, the parties may choose
4288     to attend the mandatory divorce orientation course described in Section 81-4-105.
4289          (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
4290     mandatory courses.
4291          (d) A petition shall include information regarding the mandatory courses when the
4292     petition is served on the respondent.
4293          (e) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil
4294     Procedure, a party may file, but the court may not hear, a motion for an order related to the
4295     divorce until the moving party completes the mandatory courses.
4296          (5) (a) The court may waive the requirement for the parties to attend the mandatory
4297     courses under Subsection (4), on the court's own motion or on the motion of one of the parties,
4298     if the court determines course attendance and completion are not necessary, appropriate,
4299     feasible, or in the best interest of the parties.
4300          (b) If the requirement is waived, the court may permit the divorce action to proceed.
4301          (6) The use of counseling, mediation, and education services provided under this part
4302     may not be construed as condoning or promoting divorce.

4303          Section 129. Section 81-4-403, which is renumbered from Section 30-3-39 is
4304     renumbered and amended to read:
4305          [30-3-39].      81-4-403. Mediation requirement.
4306          (1) There is established a mandatory domestic mediation program to help reduce the
4307     time and tensions associated with obtaining a divorce.
4308          (2) (a) If[, after the filing of an answer to a complaint of divorce,] there are any
4309     remaining contested issues after the filing of a response to a petition for divorce, the parties
4310     shall participate in good faith in at least one session of mediation.
4311          (b) [This requirement] The requirement described in Subsection (2)(a) does not
4312     preclude the entry of pretrial orders before mediation takes place.
4313          (3) The parties shall use a mediator qualified to mediate domestic disputes under
4314     criteria established by the Judicial Council in accordance with Section 78B-6-205.
4315          (4) Unless otherwise ordered by the court or the parties agree upon a different payment
4316     arrangement, the cost of mediation shall be divided equally between the parties.
4317          (5) The director of dispute resolution programs for the courts, the court, or the
4318     mediator may excuse either party from the requirement to mediate for good cause.
4319          (6) [Mediation] A mediation described in this section shall be conducted in accordance
4320     with the Utah Rules of Court-Annexed Alternative Dispute Resolution.
4321          Section 130. Section 81-4-404, which is renumbered from Section 30-3-5.2 is
4322     renumbered and amended to read:
4323          [30-3-5.2].      81-4-404. Allegations of child abuse or child sexual abuse in a
4324     divorce proceeding -- Investigation.
4325          (1) When[, in any divorce proceeding or upon a request for modification of a divorce
4326     decree,] an allegation of child abuse or child sexual abuse is made[, implicating either] in a
4327     divorce proceeding, or a request for modification of a divorce decree, that implicates a party,
4328     the court, after making an inquiry, may order that an investigation be conducted by the Division
4329     of Child and Family Services [within the Department of Human Services] in accordance with
4330     Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective
4331     Custody of a Child.
4332          (2) A final award of custody or parent-time may not be rendered until a report on that
4333     investigation, consistent with Section 80-2-1005, is received by the court.

4334          (3) [That investigation shall be conducted by the] The Division of Child and Family
4335     Services shall conduct an investigation described in Subsection (1) within 30 days of the court's
4336     notice and request for an investigation.
4337          (4) In reviewing [this report] a report described in Subsection (2), the court shall
4338     comply with Sections 78A-2-703, 78A-2-705, and 78B-15-612.
4339          Section 131. Section 81-4-405, which is renumbered from Section 30-3-1 is
4340     renumbered and amended to read:
4341          [30-3-1].      81-4-405. Grounds for divorce.
4342          [(1) Proceedings in divorce are commenced and conducted as provided by law for
4343     proceedings in civil causes, except as provided in this chapter.]
4344          [(2) The court may decree a dissolution of the marriage contract between the petitioner
4345     and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or
4346     respondent has been an actual and bona fide resident of this state and of the county where the
4347     action is brought, or if members of the armed forces of the United States who are not legal
4348     residents of this state, where the petitioner has been stationed in this state under military orders,
4349     for three months next prior to the commencement of the action.]
4350          [(3)] (1) [Grounds for divorce] A court may order the dissolution of a marriage contract
4351     between the petitioner and the respondent on the grounds of:
4352          (a) impotency of the respondent at the time of marriage;
4353          (b) adultery committed by the respondent subsequent to marriage;
4354          (c) willful desertion of the petitioner by the respondent for more than one year;
4355          (d) willful neglect of the respondent to provide for the petitioner the common
4356     necessaries of life;
4357          (e) habitual drunkenness of the respondent;
4358          (f) conviction of the respondent for a felony;
4359          (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily
4360     injury or great mental distress to the petitioner;
4361          (h) irreconcilable differences of the marriage;
4362          (i) incurable insanity; or
4363          (j) when the [husband and wife] petitioner and respondent have lived separately under
4364     a decree of separate maintenance of any state for three consecutive years without cohabitation.

4365          [(4)] (2) A decree of divorce granted under Subsection [(3)(j)] (1)(j) does not affect the
4366     liability of either party under any provision for separate maintenance previously granted.
4367          [(5)] (3) (a) A [divorce may not be granted on the] court may not order the dissolution
4368     of a marriage contract between the petitioner and the respondent on the grounds of insanity
4369     unless:
4370          (i) the respondent has been adjudged insane by the appropriate authorities of this or
4371     another state prior to the commencement of the action; and
4372          (ii) the court finds by the testimony of competent witnesses that the insanity of the
4373     respondent is incurable.
4374          (b) The court shall appoint for the respondent a guardian ad litem who shall protect the
4375     interests of the respondent.
4376          (c) A copy of the summons and [complaint] petition shall be served on:
4377          (i) the respondent in person or by publication, as provided by the laws of this state in
4378     other actions for divorce, or upon [his] the respondent's guardian ad litem[, and upon]; and
4379          (ii) the county attorney for the county where the action is prosecuted.
4380          [(c)] (d) The county attorney shall:
4381          (i) investigate the merits of the case [and];
4382          (ii) if the respondent resides out of this state, take depositions as necessary[,];
4383          (iii) attend the proceedings[,]; and
4384          (iv) make a defense as is just to protect the rights of the respondent and the interests of
4385     the state.
4386          [(d) In all actions the court and judge have jurisdiction over the payment of alimony,
4387     the distribution of property, and the custody and maintenance of minor children, as the courts
4388     and judges possess in other actions for divorce.]
4389          (e) The petitioner or respondent may[,]:
4390          (i) if the respondent resides in this state, upon notice, have the respondent brought into
4391     the court at trial[, or]; or
4392          (ii) have an examination of the respondent by two or more competent physicians[,] to
4393     determine the mental condition of the respondent.
4394          (f) For [this purpose either] the purpose described in Subsection (3)(e), a party may
4395     have leave from the court to enter any asylum or institution where the respondent may be

4396     confined.
4397          (g) The court shall apportion the costs of court in this action [shall be apportioned by
4398     the court].
4399          Section 132. Section 81-4-406 is enacted to read:
4400          81-4-406. Decree of divorce -- When decree becomes absolute -- Remarriage --
4401     Jurisdiction to modify a decree for a child born after the decree.
4402          (1) (a) The court shall enter a decree of divorce upon the evidence or the petitioner's
4403     affidavit in the case of default as described in Subsection (1)(b).
4404          (b) A court may not grant a divorce upon default, unless there is evidence to support a
4405     decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules
4406     of Civil Procedure.
4407          (2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a
4408     court may not grant a decree of divorce for parties with a minor child until:
4409          (a) both parties have attended the mandatory courses described in Sections 81-4-105
4410     and 81-4-106; and
4411          (b) both parties have presented a certificate of course completion for each course to the
4412     court.
4413          (3) In a decree of divorce, the court shall:
4414          (a) specify which party is responsible for the payment of joint debts, obligations, or
4415     liabilities of the parties contracted or incurred during marriage in accordance with Section
4416     15-4-6.5;
4417          (b) require the parties to notify respective creditors or obligees, regarding the court's
4418     division of debts, obligations, or liabilities and regarding the parties' separate and current
4419     addresses in accordance with Section 15-4-6.5;
4420          (c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);
4421          (d) if a party owns a life insurance policy or an annuity contract, include an
4422     acknowledgment by the court that the party:
4423          (i) has reviewed and updated, where appropriate, the list of beneficiaries;
4424          (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
4425     after the divorce becomes final; and
4426          (iii) understands that, if no changes are made to the policy or contract, the beneficiaries

4427     currently listed will receive any funds paid by the insurance company under the terms of the
4428     policy or contract; and
4429          (e) if the parties have a child as defined in Section 81-6-101, include an order for child
4430     support and medical expenses as described in Chapter 6, Child Support.
4431          (4) The court may include in the divorce decree any equitable orders relating to:
4432          (a) the parties, including any alimony to be awarded to a party in accordance with Part
4433     5, Spousal Support;
4434          (b) a child of the parties; and
4435          (c) any property, debts, or obligations.
4436          (5) A decree of divorce becomes absolute:
4437          (a) on the date it is signed by the court and entered by the clerk in the register of
4438     actions;
4439          (b) at the expiration of a period of time the court may specifically designate, unless an
4440     appeal or other proceedings for review are pending;
4441          (c) if an appeal is taken, when the decree is affirmed; or
4442          (d) when the court, before the decree becomes absolute, for sufficient cause otherwise
4443     orders.
4444          (6) The court, upon application or on the court's own motion for good cause shown,
4445     may waive, alter, or extend a designated period of time before the decree becomes absolute, but
4446     not to exceed six months from the signing and entry of the decree.
4447          (7) A party to a divorce proceeding may not marry another individual other than the
4448     other party for whom the divorce was granted until the party's divorce becomes absolute.
4449          (8) The court has jurisdiction to modify a decree of divorce to address child support,
4450     parent-time, and other matters related to a minor child born to the parties after the decree of
4451     divorce is entered.
4452          Section 133. Section 81-4-501 is enacted to read:
4453     
Part 5. Spousal Support

4454          81-4-501. Definitions for part.
4455          As used in this part:
4456          (1) "Child support guidelines" means the same as that term is defined in Section
4457     81-6-101.

4458          (2) "Cohabit" means to live together, or to reside together on a regular basis, in the
4459     same residence and in a relationship of a romantic or sexual nature.
4460          (3) "Fault" means any of the following wrongful conduct during the marriage that
4461     substantially contributed to the breakup of the marriage:
4462          (a) engaging in sexual relations with an individual other than the party's spouse;
4463          (b) knowingly and intentionally causing or attempting to cause physical harm to the
4464     other party or a minor child;
4465          (c) knowingly and intentionally causing the other party or a minor child to reasonably
4466     fear life-threatening harm; or
4467          (d) substantially undermining the financial stability of the other party or the minor
4468     child.
4469          (4) "Length of the marriage" means, for purposes of alimony, the number of years from
4470     the day on which the parties are legally married to the day on which the petition for divorce is
4471     filed with the court.
4472          (5) "Payee" means the party who is or would receive alimony from the other party.
4473          (6) "Payor" means the party who is paying, or would pay, alimony to the other party.
4474          (7) "Temporary alimony" means money that the court orders a party to pay during the
4475     pendency of an action under this chapter for the support and maintenance of a party as
4476     described in Subsection 81-1-203(4).
4477          Section 134. Section 81-4-502 is enacted to read:
4478          81-4-502. Determination of alimony.
4479          (1) For a proceeding under Chapter 4, Dissolution of Marriage, or in a proceeding to
4480     modify alimony, the court shall consider at least the following factors in determining alimony:
4481          (a) the financial condition and needs of the payee;
4482          (b) the payee's earning capacity or ability to produce income, including the impact of
4483     diminished workplace experience resulting from primarily caring for a minor child of the
4484     payor;
4485          (c) the ability of the payor to provide support;
4486          (d) the length of the marriage;
4487          (e) whether the payee has custody of a minor child requiring support;
4488          (f) whether the payee worked in a business owned or operated by the payor; and

4489          (g) whether the payee directly contributed to any increase in the payor's skill by paying
4490     for education received by the payor or enabling the payor to attend school during the marriage.
4491          (2) (a) The court may consider the fault of the parties in determining whether to award
4492     alimony and the terms of the alimony.
4493          (b) The court may, when fault is at issue, close the proceedings and seal the court
4494     records.
4495          (3) (a) Except as otherwise provided by this section, the court shall consider the
4496     standard of living, existing at the time of separation, in determining alimony in accordance
4497     with this section.
4498          (b) In considering all relevant facts and equitable principles, the court may, in the
4499     court's discretion, base alimony on the standard of living that existed at the time of trial.
4500          (4) The court may, under appropriate circumstances, attempt to equalize the parties'
4501     respective standards of living.
4502          (5) (a) If the marriage is short in duration and a minor child has not been conceived or
4503     born during the marriage, the court may consider the standard of living that existed at the time
4504     of the marriage.
4505          (b) In determining alimony when a marriage of short duration dissolves and a minor
4506     child has not been conceived or born during the marriage, the court may consider restoring
4507     each party to the condition which existed at the time of the marriage.
4508          (6) (a) When a marriage of long duration dissolves on the threshold of a major change
4509     in the income of one of the parties due to the collective efforts of both parties, the court shall
4510     consider the change when dividing the marital property and in determining the amount of
4511     alimony.
4512          (b) If a party's earning capacity has been greatly enhanced through the efforts of both
4513     parties during the marriage, the court may make a compensating adjustment in dividing the
4514     marital property and awarding alimony.
4515          (7) (a) Except as provided in Subsection (7)(c), the court may not order alimony for a
4516     period of time longer than the length of the marriage.
4517          (b) If a party is ordered to pay temporary alimony during the pendency of a divorce
4518     action, the court shall count the period of time that the party pays temporary alimony towards
4519     the period of time for which the party is ordered to pay alimony.

4520          (c) At any time before the termination of alimony, the court may find extenuating
4521     circumstances or good cause that justify the payment of alimony for a longer period of time
4522     than the length of the marriage.
4523          Section 135. Section 81-4-503 is enacted to read:
4524          81-4-503. Modification of alimony after divorce decree.
4525          (1) The court has continuing jurisdiction to make substantive changes and new orders
4526     regarding alimony based on a substantial material change in circumstances not expressly stated
4527     in the divorce decree or in the findings that the court entered at the time of the divorce decree.
4528          (2) (a) A party's retirement is a substantial material change in circumstances that is
4529     subject to a petition to modify alimony, unless the divorce decree, or the findings that the court
4530     entered at the time of the divorce decree, expressly states otherwise.
4531          (b) Subsection (2)(a) applies to a divorce decree regardless of the date on which the
4532     divorce decree was entered.
4533          (3) The court may not modify alimony or issue a new order for alimony to address
4534     needs of the recipient that did not exist at the time the decree was entered, unless the court
4535     finds extenuating circumstances that justify that action.
4536          (4) In modifying the amount of alimony, the court may not consider the income of any
4537     subsequent spouse of the payor, except that the court may consider:
4538          (a) the subsequent spouse's financial ability to share living expenses; or
4539          (b) the income of a subsequent spouse if the court finds that the payor's improper
4540     conduct justifies that consideration.
4541          Section 136. Section 81-4-504 is enacted to read:
4542          81-4-504. Termination of alimony.
4543          (1) (a) Except as provided in Subsection (1)(b), or unless a decree of divorce
4544     specifically provides otherwise, any order of the court that a payor pay alimony to a payee
4545     automatically terminates upon the remarriage or death of that payee.
4546          (b) If the remarriage of the payee is annulled and found to be void ab initio, the
4547     payment of alimony shall resume if the payor is made a party to the action of annulment and
4548     the payor's rights are determined.
4549          (2) If a payor establishes that a payee cohabits with another individual during the
4550     pendency of the divorce action, the court:

4551          (a) may not order the payor to pay temporary alimony to the payee; and
4552          (b) shall terminate any order that the payor pay temporary alimony to the payee.
4553          (3) (a) Subject to Subsection (3)(b), the court shall terminate an order that a payor pay
4554     alimony to a payee if the payor establishes that, after the order for alimony is issued, the payee
4555     cohabits with another individual even if the payee is not cohabiting with the individual when
4556     the payor files the motion to terminate alimony.
4557          (b) A payor may not seek termination of alimony under Subsection (3)(a) later than one
4558     year after the day on which the payor knew or should have known that the payee has cohabited
4559     with another individual.
4560          Section 137. Section 81-5-101 is enacted to read:
4561     
CHAPTER 5. UNIFORM PARENTAGE ACT

4562          81-5-101. Reserved.
4563          Reserved.
4564          Section 138. Section 81-6-101, which is renumbered from Section 78B-12-102 is
4565     renumbered and amended to read:
4566     
CHAPTER 6. CHILD SUPPORT

4567     
Part 1. General Provisions

4568          [78B-12-102].      81-6-101. Definitions for chapter.
4569          As used in this chapter:
4570          [(1) "Adjusted gross income" means income calculated under Subsection
4571     78B-12-204(1).]
4572          [(2)] (1) "Administrative agency" means the Office of Recovery Services or the
4573     Department of Health and Human Services.
4574          [(3)] (2) "Administrative order" means [an order that has been issued by the Office of
4575     Recovery Services, the Department of Health and Human Services, or an administrative agency
4576     of another state or other comparable jurisdiction with similar authority to that of the office.] the
4577     same as that term is defined in Section 26B-9-201.
4578          (3) "Alimony" means the same as that term is defined in Section 81-4-101.
4579          (4) "Base child support award" means the award that may be ordered and is calculated
4580     using the child support guidelines before additions for medical expenses and work-related child
4581     care costs.

4582          (5) "Base combined child support obligation" means the presumed amount of child
4583     support that the parents should provide for their child as described in Subsection 81-6-204(1).
4584          (6) "Base combined child support obligation table" means the appropriate table
4585     described in Sections 81-6-302 and 81-6-304.
4586          [(5) "Base combined child support obligation table," "child support table," "base child
4587     support obligation table," "low income table," or "table" means the appropriate table in Part 3,
4588     Tables.]
4589          [(6) "Cash medical support" means an obligation to equally share all reasonable and
4590     necessary medical and dental expenses of children.]
4591          (7) "Child" means:
4592          (a) a son or daughter [under the age of 18 years] who is under 18 years old and who is
4593     not otherwise emancipated, self-supporting, married, or a member of the armed forces of the
4594     United States;
4595          (b) a son or daughter [over the age of 18 years,] who is 18 years old or older while
4596     enrolled in high school during the normal and expected year of graduation and not otherwise
4597     emancipated, self-supporting, married, or a member of the armed forces of the United States; or
4598          (c) a son or daughter of any age who is incapacitated from earning a living and, if able
4599     to provide some financial resources to the family, is not able to support self by own means.
4600          (8) (a) "Child support" means a base child support award, or a monthly financial award
4601     for uninsured medical expenses, ordered by a tribunal for the support of a child[, including].
4602          (b) "Child support" includes current periodic payments, arrearages that accrue under an
4603     order for current periodic payments, and sum certain judgments awarded for arrearages,
4604     medical expenses, and child care costs.
4605          (9) "Child support guidelines" means the calculation and application of child support
4606     as described in Part 2, Calculation and Adjustment of Child Support.
4607          [(9)] (10) "Child support order" [or "support order"] means a judgment, decree, or
4608     order [of] issued by a tribunal [whether interlocutory or final, whether or not prospectively or
4609     retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal
4610     separation, separate maintenance, paternity, guardianship, civil protection, or otherwise]
4611     whether temporary, final, or subject to modification, that:
4612          (a) establishes or modifies child support;

4613          (b) reduces child support arrearages to judgment; or
4614          (c) establishes child support or registers a child support order under [Chapter 14, Utah
4615     Uniform Interstate Family Support Act] Title 78B, Chapter 14, Utah Uniform Interstate Family
4616     Support Act.
4617          (11) "Child support tables" means the tables described in Part 3, Child Support Tables.
4618          [(10) "Child support services" or "IV-D child support services" means services
4619     provided pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.]
4620          [(11) "Court" means the district court or juvenile court.]
4621          [(12) "Guidelines" means the directions for the calculation and application of child
4622     support in Part 2, Calculation and Adjustment.]
4623          (12) "Child support services" means the same as that term is defined in Section
4624     26B-9-101.
4625          (13) "Gross income" means the amount of income calculated for a parent as described
4626     in Section 81-6-203.
4627          [(13)] (14) "Health care coverage" means coverage under which medical services are
4628     provided to a child through:
4629          (a) fee for service;
4630          (b) a health maintenance organization;
4631          (c) a preferred provider organization;
4632          (d) any other type of private health insurance; or
4633          (e) public health care coverage.
4634          [(14)] (15) (a) "Income" means earnings, compensation, or other payment due to an
4635     individual, regardless of source, whether denominated as wages, salary, commission, bonus,
4636     pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
4637     incentive pay.
4638          (b) "Income" includes:
4639          (i) all gain derived from capital assets, labor, or both, including profit gained through
4640     sale or conversion of capital assets;
4641          (ii) interest and dividends;
4642          (iii) periodic payments made under pension or retirement programs or insurance
4643     policies of any type;

4644          (iv) unemployment compensation benefits;
4645          (v) workers' compensation benefits; and
4646          (vi) disability benefits.
4647          [(15)] (16) "Joint physical custody" means the [child stays with each parent overnight
4648     for more than 30% of the year, and both parents contribute to the expenses of the child in
4649     addition to paying child support] same as that term is defined in Section 81-9-101.
4650          (17) "Low income table" means the appropriate table under Section 81-6-303 or
4651     81-6-305.
4652          [(16)] (18) "Medical expenses" means health and dental expenses and related insurance
4653     costs.
4654          (19) "Minor child" means a child who is younger than 18 years old.
4655          [(17)] (20) "Obligee" means an individual, this state, another state, or another
4656     comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of
4657     child support or public assistance.
4658          [(18)] (21) "Obligor" means a person owing a duty of support.
4659          [(19)] (22) "Office" means the Office of Recovery Services within the Department of
4660     Health and Human Services.
4661          [(20) "Parent" includes a natural parent, or an adoptive parent.]
4662          [(21)] (23) "Pregnancy expenses" means an amount equal to:
4663          (a) the sum of a pregnant mother's:
4664          (i) health insurance premiums while pregnant that are not paid by an employer or
4665     government program; and
4666          (ii) medical costs related to the pregnancy, incurred after the date of conception and
4667     before the pregnancy ends; [minus] and
4668          (b) minus any portion of the amount described in Subsection [(21)(a)] (23)(a) that a
4669     court determines is equitable based on the totality of the circumstances, not including any
4670     amount paid by the mother or father of the child.
4671          [(22)] (24) "Split custody" means that each parent has physical custody of at least one
4672     of the children.
4673          [(23)] (25) "State" [includes] means a state, territory, possession of the United States,
4674     the District of Columbia, the Commonwealth of Puerto Rico, Native American [Tribe] tribe, or

4675     other comparable domestic or foreign jurisdiction.
4676          (26) "Support" means past-due, present, and future obligations to provide for the
4677     financial support, maintenance, or medical expenses of a child.
4678          (27) "Support order" means:
4679          (a) a child support order; or
4680          (b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
4681     modification, for alimony.
4682          [(24)] (28) "Temporary" means a period of time that is projected to be less than 12
4683     months in duration.
4684          [(25)] (29) "Third party" means an agency or a person other than [the biological or
4685     adoptive parent] a parent or a child who provides care, maintenance, and support to a child.
4686          [(26)] (30) "Tribunal" means the district court, the Department of Health and Human
4687     Services, Office of Recovery Services, or court or administrative agency of a state, territory,
4688     possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
4689     Native American [Tribe] tribe, or other comparable domestic or foreign jurisdiction.
4690          [(27)] (31) "Work-related child care [costs] expenses" means reasonable child care
4691     costs for up to a full-time work week or training schedule as necessitated by the employment or
4692     training of a parent [under Section 78B-12-215].
4693          [(28)] (32) ["Worksheets" means the forms] "Worksheet" means a form used to aid in
4694     calculating the base child support award.
4695          Section 139. Section 81-6-102 is enacted to read:
4696          81-6-102. Application of chapter.
4697          This chapter applies to any judicial or administrative order establishing or modifying an
4698     award of child support entered on or after July 1, 1989.
4699          Section 140. Section 81-6-103, which is renumbered from Section 78B-12-103 is
4700     renumbered and amended to read:
4701          [78B-12-103].      81-6-103. Jurisdiction over a child support proceeding --
4702     Appeals.
4703          [The district court shall have jurisdiction of all proceedings brought under this chapter.]
4704          (1) A court has jurisdiction over a proceeding brought under this chapter in accordance
4705     with Title 78A, Judiciary and Judicial Administration.

4706          (2) An appeal may be taken from an order or judgment under this part as in other civil
4707     actions.
4708          Section 141. Section 81-6-104, which is renumbered from Section 78B-12-105 is
4709     renumbered and amended to read:
4710          [78B-12-105].      81-6-104. Duty of parents to provide support for a child --
4711     Support follows the child.
4712          (1) (a) Every child is presumed to be in need of the support of the [child's mother and
4713     father. Every mother and father shall support their children.] child's parents.
4714          (b) Every parent shall support their child.
4715          (c) Nothing in this chapter relieves a parent of the primary obligation of support for the
4716     parent's child.
4717          (2) Except as limited in a [court order under Section 30-3-5, 30-4-3, or 78B-12-212]
4718     court order under Section 81-6-208:
4719          (a) [The] the expenses incurred on behalf of a minor child for reasonable and necessary
4720     medical and dental expenses[,] and other necessities are chargeable upon the property of both
4721     parents, regardless of the marital status of the parents[.]; and
4722          (b) [Either or both parents may be sued by a creditor] a creditor may sue a parent for
4723     the expenses described in Subsection (2)(a) incurred on behalf of [minor children] a minor
4724     child.
4725          (3) (a) A parent whose minor child has become a ward of this or any other state is not
4726     relieved of the primary obligation to support that child until the minor child is 18 years old or is
4727     legally married, regardless of any agreements or legal defenses that exist between the parents or
4728     other care providers.
4729          (b) Any state that provides support for a child shall have the right to reimbursement.
4730          (c) A third party has a right to recover support from a parent.
4731          (4) An obligation ordered for child support and medical expenses:
4732          (a) are for the use and benefit of the child; and
4733          (b) shall follow the child in a case in which a parent, or another person, is awarded sole
4734     physical custody of the child as described in Subsection 81-6-205(8).
4735          (5) The rights created in this chapter are in addition to and not in substitution to any
4736     other rights.

4737          Section 142. Section 81-6-105, which is renumbered from Section 78B-12-105.1 is
4738     renumbered and amended to read:
4739          [78B-12-105.1].      81-6-105. Duty of biological father to share pregnancy
4740     expenses.
4741          (1) Except as otherwise provided in this section, a biological father of a child has a
4742     duty to pay 50% of the mother's pregnancy expenses.
4743          (2) (a) If paternity is disputed, a biological father owes no duty under this section until
4744     the biological father's paternity is established.
4745          (b) Once paternity is established, the biological father is subject to Subsection (1).
4746          (3) (a) Any portion of a mother's pregnancy expenses paid by the mother or the
4747     biological father reduces that parent's 50% share under Subsection (1), not the total amount of
4748     pregnancy expenses.
4749          (b) Subsection (3)(a) applies regardless of when the mother or biological father pays
4750     the pregnancy expense.
4751          (4) If a mother receives an abortion, as defined in Section 76-7-301, without the
4752     biological father's consent, the biological father owes no duty under this section, unless:
4753          (a) the abortion is necessary to avert the death of the mother; or
4754          (b) the mother was pregnant as a result of:
4755          (i) rape, as described in Section 76-5-402;
4756          (ii) rape of a child, as described in Section 76-5-402.1; or
4757          (iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102.
4758          (5) Subsection (1) does not apply if a court apportions pregnancy expenses [under
4759     Section 30-3-5] in a divorce decree under Section 81-4-406.
4760          [(6) A person may seek payment under Subsection (1) in accordance with Section
4761     78B-12-113.]
4762          (6) (a) A person who seeks payment under this section for pregnancy expenses shall
4763     provide documentation of payments, medical expenses, and insurance premiums to the court.
4764          (b) The court shall order the payment of the expenses after a review of the
4765     documentation described in Subsection (6)(a).
4766          (7) Nothing in this section [or Section 78B-12-212.1] requires a person to separately
4767     bill a biological father for pregnancy expenses.

4768          Section 143. Section 81-6-106, which is renumbered from Section 78B-12-113 is
4769     renumbered and amended to read:
4770          [78B-12-113].      81-6-106. Duty of obligor -- Enforcement of right of support.
4771          (1) (a) An obligor who is present in, or a resident of, this state has the duty to provide
4772     support to the child regardless of the presence or residence of the obligee.
4773          [(1)]
4774          [(a)] (b) The obligee may enforce [his] the obligee's right of support against the
4775     obligor.
4776          (2) (a) The office may proceed pursuant to this [chapter] part or any other applicable
4777     statute on behalf of:
4778          (i) the Department of Health and Human Services;
4779          (ii) any other department or agency of this state that provides public assistance, as
4780     defined by [Subsection 26B-9-201(4)] Section 26B-9-101, to enforce the right to recover public
4781     assistance; or
4782          (iii) the obligee, to enforce the obligee's right of support against the obligor.
4783          (b) Whenever any court action is commenced by the office to enforce payment of the
4784     obligor's support obligation, the attorney general or the county attorney of the county of
4785     residence of the obligee shall represent the office.
4786          (c) The attorney general or the county attorney does not represent or have an
4787     attorney-client relationship with the obligee or the obligor in carrying out the duties under this
4788     chapter.
4789          [(2)] (3) (a) A person may not commence an action, file a pleading, or submit a written
4790     stipulation to the court, without complying with Subsection [(2)(b)] (3)(b), if the purpose or
4791     effect of the action, pleading, or stipulation is to:
4792          (i) establish paternity;
4793          (ii) establish or modify a support obligation;
4794          (iii) change the court-ordered manner of payment of support;
4795          (iv) recover support due or owing; or
4796          (v) appeal issues regarding child support laws.
4797          (b) (i) When taking an action described in Subsection [(2)(a)] (3)(a), a person must file
4798     an affidavit with the court at the time the action is commenced, the pleading is filed, or the

4799     stipulation is submitted stating whether child support services have been or are being provided
4800     under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child
4801     who is a subject of the action, pleading, or stipulation.
4802          (ii) If child support services have been or are being provided, under Part IV of the
4803     Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit
4804     and a copy of the pleading or stipulation to the child and family support division of the Office
4805     of the Attorney General[, Child Support Division].
4806          (iii) (A) If notice is not given in accordance with this Subsection [(2)] (3), the office is
4807     not bound by any decision, judgment, agreement, or compromise rendered in the action.
4808          (B) For purposes of appeals, service must be made on the Office of the Director for the
4809     Office of Recovery Services.
4810          (c) If [IV-D services] child support services have been or are being provided, that
4811     person shall join the office as a party to the action, or mail or deliver a written request to the
4812     child and family support division of the Office of the Attorney General, [Child Support
4813     Division] asking the office to join as a party to the action.
4814          (d) A copy of [that request] the request described in Subsection (3)(c), along with proof
4815     of service, shall be filed with the court.
4816          (e) The office shall be represented as provided in Subsection [(1)(b)] (2)(b).
4817          [(3) Neither the attorney general nor the county attorney represents or has an
4818     attorney-client relationship with the obligee or the obligor in carrying out the duties under this
4819     chapter.]
4820          Section 144. Section 81-6-107, which is renumbered from Section 78B-12-201 is
4821     renumbered and amended to read:
4822          [78B-12-201].      81-6-107. Procedure for child support proceeding --
4823     Documentation.
4824          (1) In any matter in which child support is ordered, the moving party shall submit:
4825          (a) a completed [child support] worksheet;
4826          (b) the financial verification required by [Subsection 78B-12-203(5)] Section
4827     81-6-203;
4828          (c) a written statement indicating whether or not the amount of child support requested
4829     is consistent with the child support guidelines; and

4830          (d) the information required under Subsection (3).
4831          (2) (a) If the documentation of income required under Subsection (1) is not available,
4832     the moving party may submit a verified representation of the other party's income [by the
4833     moving party,] based on the best evidence available[, may be submitted].
4834          (b) [The evidence shall be in affidavit form and may only be offered after a copy has
4835     been provided] The moving party shall provide the evidence described in Subsection (2)(a) in
4836     affidavit form.
4837          (c) The moving party may only offer the evidence described in Subsection (2)(a) after a
4838     copy is provided to the other party in accordance with Utah Rules of Civil Procedure or Title
4839     63G, Chapter 4, Administrative Procedures Act, in an administrative proceeding.
4840          (3) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
4841     modify, or enforce a child support order, each party shall:
4842          (i) file identifying information [and shall]; and
4843          (ii) update that information as changes occur with the court that conducted the
4844     proceeding.
4845          [(a)] (b) The required identifying information shall include the person's social security
4846     number, driver's license number, residential and mailing addresses, telephone numbers, the
4847     name, address and telephone number of employers, and any other data required by the United
4848     States Secretary of Health and Human Services.
4849          [(b)] (c) [Attorneys] An attorney representing the office in child support services cases
4850     [are] is not required to file the identifying information required by Subsection [(3)(a).] (3)(b).
4851          [(4) A stipulated amount for child support or combined child support and alimony is
4852     adequate under the guidelines if the stipulated child support amount or combined amount
4853     equals or exceeds the base child support award required by the guidelines.]
4854          Section 145. Section 81-6-108, which is renumbered from Section 78B-12-109 is
4855     renumbered and amended to read:
4856          [78B-12-109].      81-6-108. Waiver and estoppel.
4857          (1) Waiver and estoppel shall apply only to the [custodial parent] obligee when there is
4858     no order already established by a tribunal if the [custodial parent] obligee freely and voluntarily
4859     waives support specifically and in writing.
4860          (2) Waiver and estoppel may not be applied against any third party or public entity that

4861     may provide support for the child.
4862          (3) [A noncustodial parent] An obligor, or alleged biological father in a paternity
4863     action, may not rely on statements made by the [custodial parent of the child] obligee
4864     concerning child support unless the statements are reduced to writing and signed by both
4865     parties.
4866          Section 146. Section 81-6-109, which is renumbered from Section 78B-12-115 is
4867     renumbered and amended to read:
4868          [78B-12-115].      81-6-109. Spousal privilege -- Competency of spouses.
4869          [Laws]
4870          (1) A law attaching a privilege against the disclosure of communications between
4871     [husband and wife] spouses are inapplicable under this chapter.
4872          (2) Spouses are competent witnesses to testify to any relevant matter, including
4873     marriage and parentage.
4874          Section 147. Section 81-6-110, which is renumbered from Section 78B-12-114 is
4875     renumbered and amended to read:
4876          [78B-12-114].      81-6-110. County attorney to assist obligee.
4877          (1) The county attorney's office shall provide assistance to an obligee desiring to
4878     proceed under this [chapter] part in the following manner:
4879          (a) provide forms, approved by the Judicial Council [of Utah], for an order of wage
4880     assignment if the obligee is not represented by legal counsel;
4881          (b) inform the obligee of the right to file [impecuniously] indigently if the obligee is
4882     unable to bear the expenses of the action and assist the obligee with such filing;
4883          (c) advise the obligee of the available methods for service of process; and
4884          (d) assist the obligee in expeditiously scheduling a hearing before the court.
4885          (2) The county attorney's office may charge a fee not to exceed $25 for providing
4886     assistance to an obligee under Subsection (1).
4887          Section 148. Section 81-6-201 is enacted to read:
4888     
Part 2. Calculation and Adjustment of Child Support

4889          81-6-201. Definitions for part.
4890          Reserved.
4891          Section 149. Section 81-6-202, which is renumbered from Section 78B-12-210 is

4892     renumbered and amended to read:
4893          [78B-12-210].      81-6-202. Determination of amount of child support --
4894     Application of child support guidelines -- Requirements for child support order.
4895          [(1) The guidelines in this chapter apply to any judicial or administrative order
4896     establishing or modifying an award of child support entered on or after July 1, 1989.]
4897          (1) (a) If a prior child support order does not exist, a substantial change in
4898     circumstances has occurred, or a petition to modify a child support order as described in
4899     Section 81-6-212 is filed, the court determining the amount of prospective child support shall
4900     require each party to file a proposed award of child support using the child support guidelines
4901     before the court enters or modifies a child support order.
4902          (b) When no prior child support order exists, the court or administrative agency shall
4903     determine and assess all arrearages based upon the child support guidelines.
4904          (2) (a) The court or administrative agency shall apply the child support guidelines
4905     [shall be applied] as a rebuttable presumption in establishing or modifying the amount of
4906     temporary or permanent child support.
4907          (b) The rebuttable presumption means the provisions and considerations required by
4908     the child support guidelines, the award amounts resulting from the application of the child
4909     support guidelines, and the use of worksheets consistent with [these] the child support
4910     guidelines are presumed to be correct, unless [rebutted under the provisions of] the child
4911     support guidelines are rebutted in accordance with this section.
4912          (3) (a) A written finding or specific finding on the record supporting the conclusion
4913     that complying with a provision of the child support guidelines or ordering an award amount
4914     resulting from use of the child support guidelines would be unjust, inappropriate, or not in the
4915     best interest of a child in a particular case is sufficient to rebut the presumption in that case.
4916          (b) If an order rebuts the presumption through findings, [it] the order is considered a
4917     deviated order.
4918          (4) The following [shall be] are considered deviations from the child support
4919     guidelines, if:
4920          (a) the order includes a written finding that [it] the order is a deviation from the child
4921     support guidelines;
4922          (b) the [guidelines] worksheet has:

4923          (i) the box checked for a deviation; and
4924          (ii) an explanation as to the reason; or
4925          (c) the deviation is made because there were more children than provided for in the
4926     [guidelines table] child support tables.
4927          (5) If the amount in the order and the amount on the [guidelines] worksheet differ by
4928     $10 or more:
4929          (a) the order is considered deviated; and
4930          (b) the incomes listed on the worksheet may not be used in adjusting support for
4931     emancipation as described in Section 81-6-213.
4932          (6) If the court finds sufficient evidence to rebut the guidelines as described in
4933     Subsection (3), the court shall establish child support after considering all relevant factors,
4934     including:
4935          (a) the standard of living and situation of the parties;
4936          (b) the relative wealth and income of the parties;
4937          (c) the ability of the obligor to earn;
4938          (d) the ability of the obligee to earn;
4939          (e) the ability of an incapacitated adult child to earn, or other benefits received by the
4940     adult child or on the adult child's behalf including Supplemental Security Income;
4941          (f) the needs of the obligee, the obligor, and the child;
4942          (g) the ages of the parties; and
4943          (h) the responsibilities of the obligor and the obligee for the support of others.
4944          [(6)] (7) (a) [Natural or adoptive children of either] If there are children of either parent
4945     who live in the home of that parent and are not children in common to both parties [may at the
4946     option of either party be taken into account], the court or administrative agency, at the option of
4947     either party, may take into account the children under the child support guidelines in setting a
4948     base child support award[, as provided] as described in Subsection [(7)] (8).
4949          (b) Additional worksheets shall be prepared that [compute] calculate the base child
4950     support award of the respective parents for the additional children.
4951          (c) [The base child support award shall then be subtracted] The court or administrative
4952     agency shall subtract the base child support award calculated under Subsection (7)(b) from the
4953     appropriate parent's income before determining the award in the [instant case] case described in

4954     Subsection (7)(a).
4955          [(7)] (8) In a proceeding to adjust or modify [an existing award, consideration of
4956     natural or adoptive children born after entry of the order and who are not in common to both
4957     parties may be applied] a child support order, the court or administrative agency may consider
4958     children, who are born after the entry of the child support order and are not in common to both
4959     parties, to mitigate an increase in the award, but [may not be applied] the court or
4960     administrative agency may not consider the children:
4961          (a) for the benefit of the obligee if the credit would increase the support obligation of
4962     the obligor from the most recent child support order; or
4963          (b) for the benefit of the obligor if the amount of support received by the obligee would
4964     be decreased from the most recent child support order.
4965          (9) A stipulated amount for child support or combined child support and alimony is
4966     adequate under the child support guidelines if the stipulated child support amount or combined
4967     amount equals or exceeds the base child support award required by the child support
4968     guidelines.
4969          (10) The court shall include the following provisions in a child support order:
4970          (a) a provision establishing the monthly amount of child support obligation for each
4971     parent in accordance with the child support guidelines;
4972          (b) a provision assigning responsibility for the payment of reasonable and necessary
4973     medical expenses for the child as described in Section 81-6-208;
4974          (c) a provision requiring the purchase and maintenance of appropriate health care
4975     insurance for the medical expenses of the child as described in Section 81-6-208 if health care
4976     insurance is or becomes available at a reasonable cost;
4977          (d) a provision regarding the child care expenses and costs as described in Section
4978     81-6-209;
4979          (e) a provision regarding each parent's right to claim a child as a tax exemption for
4980     federal and state income tax purposes in accordance with Section 81-6-210;
4981          (f) provisions for income withholding as a means of collecting child support, in
4982     accordance with Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title
4983     26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases; and
4984          (g) a provision regarding a parent's opportunity to adjust a child support order as

4985     described in Section 81-6-212.
4986          (11) The office shall include the provisions described in Section 26B-9-224 in a child
4987     support order.
4988          [(8) (a) If a child support order has not been issued or modified within the previous
4989     three years, a parent, legal guardian, or the office may move the court to adjust the amount of a
4990     child support order.]
4991          [(b) Upon receiving a motion under Subsection (8)(a), the court shall, taking into
4992     account the best interests of the child:]
4993          [(i) determine whether there is a difference between the payor's ordered support
4994     amount and the payor's support amount that would be required under the guidelines; and]
4995          [(ii) if there is a difference as described in Subsection (8)(b)(i), adjust the payor's
4996     ordered support amount to the payor's support amount provided in the guidelines if:]
4997          [(A) the difference is 10% or more;]
4998          [(B) the difference is not of a temporary nature; and]
4999          [(C) the order adjusting the payor's ordered support amount does not deviate from the
5000     guidelines.]
5001          [(c) A showing of a substantial change in circumstances is not necessary for an
5002     adjustment under this Subsection (8).]
5003          [(9) (a) A parent, legal guardian, or the office may at any time petition the court to
5004     adjust the amount of a child support order if there has been a substantial change in
5005     circumstances. A change in the base combined child support obligation table is not a
5006     substantial change in circumstances for the purposes of this Subsection (9).]
5007          [(b) For purposes of this Subsection (9), a substantial change in circumstances may
5008     include:]
5009          [(i) material changes in custody;]
5010          [(ii) material changes in the relative wealth or assets of the parties;]
5011          [(iii) material changes of 30% or more in the income of a parent;]
5012          [(iv) material changes in the employment potential and ability of a parent to earn;]
5013          [(v) material changes in the medical needs of the child; or]
5014          [(vi) material changes in the legal responsibilities of either parent for the support of
5015     others.]

5016          [(c) Upon receiving a petition under Subsection (9)(a), the court shall, taking into
5017     account the best interests of the child:]
5018          [(i) determine whether a substantial change has occurred;]
5019          [(ii) if a substantial change has occurred, determine whether the change results in a
5020     difference of 15% or more between the payor's ordered support amount and the payor's support
5021     amount that would be required under the guidelines; and]
5022          [(iii) adjust the payor's ordered support amount to that which is provided for in the
5023     guidelines if:]
5024          [(A) there is a difference of 15% or more; and]
5025          [(B) the difference is not of a temporary nature.]
5026          [(10) Notice of the opportunity to adjust a support order under Subsections (8) and (9)
5027     shall be included in each child support order.]
5028          Section 150. Section 81-6-203, which is renumbered from Section 78B-12-203 is
5029     renumbered and amended to read:
5030          [78B-12-203].      81-6-203. Determination of gross income for child support --
5031     Imputing income to a parent.
5032          [(1) As used in the guidelines, "gross income" includes prospective income from any
5033     source, including earned and nonearned income sources which may include salaries, wages,
5034     commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay,
5035     pensions, interest, trust income, alimony from previous marriages, annuities, capital gains,
5036     Social Security benefits, workers' compensation benefits, unemployment compensation,
5037     income replacement disability insurance benefits, and payments from "nonmeans-tested"
5038     government programs.]
5039          (1) (a) Each parent shall provide verification of current income to the court or
5040     administrative agency.
5041          (b) Each parent shall provide year-to-date pay stubs or employer statements and
5042     complete copies of tax returns from at least the most recent year, unless the court finds the
5043     verification is not reasonably available.
5044          (c) Verification of income from records maintained by the Department of Workforce
5045     Services may be substituted for pay stubs, employer statements, and income tax returns.
5046          (2) (a) To calculate gross income of a parent, the court or administrative agency may

5047     include:
5048          (i) prospective income of the parent, including income from earned and nonearned
5049     sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone,
5050     prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous
5051     marriages, annuities, capital gains, Social Security benefits, worker compensation benefits,
5052     unemployment compensation, income replacement disability insurance benefits, and payments
5053     from nonmeans-tested government programs; and
5054          (ii) income imputed to the parent as described in Subsection (6).
5055          [(2)] (b) Income from earned income sources is limited to the equivalent of one
5056     full-time 40-hour job.
5057          (c) If and only if during the time before the original support order, the parent normally
5058     and consistently worked more than 40 hours at the parent's job, the court may consider this
5059     extra time as a pattern in calculating the parent's ability to provide child support.
5060          (3) (a) The court or administrative agency shall use historical and current earnings to
5061     determine whether an underemployment or overemployment situation exists.
5062          (b) The office may not treat incarceration of at least six months as voluntary
5063     unemployment in establishing or modifying a support order.
5064          [(3) Notwithstanding Subsection (1), specifically excluded from gross income are:]
5065          [(a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
5066     Program;]
5067          [(b) benefits received under a housing subsidy program, the Job Training Partnership
5068     Act, Supplemental Security Income, Social Security Disability Insurance, Medicaid, SNAP
5069     benefits, or General Assistance; and]
5070          [(c) other similar means-tested welfare benefits received by a parent.]
5071          (4) [(a) Gross income from self-employment or operation of a business shall be
5072     calculated]
5073          (a) To calculate income from self-employment or operation of a business, the court or
5074     administrative agency:
5075          (i) shall calculate gross income from self-employment or operation of a business by
5076     subtracting necessary expenses required for self-employment or business operation from gross
5077     receipts[.];

5078          (ii) [The] shall review income and expenses from self-employment or operation of a
5079     business [shall be reviewed] to determine an appropriate level of gross income available to the
5080     parent to satisfy a child support award[.]; and
5081          (iii) [Only] may only deduct those expenses necessary to allow the business to operate
5082     at a reasonable level [may be deducted] from gross receipts.
5083          (b) Gross income determined under this Subsection (4) may differ from the amount of
5084     business income determined for tax purposes.
5085          [(5) (a) When possible, gross income should first be computed on an annual basis and
5086     then recalculated to determine the average gross monthly income.]
5087          [(b) Each parent shall provide verification of current income. Each parent shall
5088     provide year-to-date pay stubs or employer statements and complete copies of tax returns from
5089     at least the most recent year unless the court finds the verification is not reasonably available.
5090     Verification of income from records maintained by the Department of Workforce Services may
5091     be substituted for pay stubs, employer statements, and income tax returns.]
5092          [(c) Historical and current earnings shall be used to determine whether an
5093     underemployment or overemployment situation exists.]
5094          [(6) Incarceration of at least six months may not be treated as voluntary unemployment
5095     by the office in establishing or modifying a support order.]
5096          [(7) Gross income includes income imputed to the parent under Subsection (8).]
5097          [(8) (a) Income may not be imputed]
5098          (5) When possible, the court or administrative agency shall determine the average
5099     monthly gross income for each parent by:
5100          (a) calculating the gross income of each parent on an annual basis; and
5101          (b) dividing the annual gross income for each parent by 12.
5102          (6) (a) The court or administrative agency may not impute income to a parent unless
5103     the parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a
5104     hearing is held and [the judge in a judicial proceeding or the presiding officer in an
5105     administrative proceeding] the court or administrative agency enters findings of fact as to the
5106     evidentiary basis for the imputation.
5107          (b) If income is imputed to a parent, [the income shall be based] the court or
5108     administrative agency shall base income upon employment potential and probable earnings

5109     considering, to the extent known:
5110          (i) employment opportunities;
5111          (ii) work history;
5112          (iii) occupation qualifications;
5113          (iv) educational attainment;
5114          (v) literacy;
5115          (vi) age;
5116          (vii) health;
5117          (viii) criminal record;
5118          (ix) other employment barriers and background factors; and
5119          (x) prevailing earnings and job availability for persons of similar backgrounds in the
5120     community.
5121          (c) If a parent has no recent work history or a parent's occupation is unknown, [that
5122     parent may be imputed] the court or administrative agency may impute an income to that parent
5123     at the federal minimum wage for a 40-hour work week.
5124          (d) To impute a greater or lesser income, the [judge in a judicial proceeding or the
5125     presiding officer in an administrative proceeding] court or administrative agency shall enter
5126     specific findings of fact as to the evidentiary basis for the imputation.
5127          [(d)] (e) [Income may not be imputed] The court or administrative agency may not
5128     impute income to a parent if any of the following conditions exist and the condition is not of a
5129     temporary nature:
5130          (i) the reasonable costs of child care for the parents' minor [children] child approach or
5131     equal the amount of income the custodial parent can earn;
5132          (ii) a parent is physically or mentally unable to earn minimum wage;
5133          (iii) a parent is engaged in career or occupational training to establish basic job skills;
5134     or
5135          (iv) unusual emotional or physical needs of a child require the custodial parent's
5136     presence in the home.
5137          (7) Notwithstanding Subsection (2), the court or administrative agency may not include
5138     the following sources of income when calculating the gross income of a parent:
5139          (a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment

5140     Program;
5141          (b) benefits received under a housing subsidy program, the Job Training Partnership
5142     Act, Supplemental Security Income, Social Security Disability Insurance, Medicaid, SNAP
5143     benefits, or General Assistance;
5144          (c) other similar means-tested welfare benefits received by a parent;
5145          (d) the earned income of a child who is the subject of a child support award; or
5146          (e) except as otherwise provided in Subsection (8), the benefits to a child in the child's
5147     own right, such as Supplemental Security Income.
5148          (8) (a) The court or administrative agency shall credit, as child support, the amount of
5149     social security benefits received by a child due to the earnings of the parent on whose earning
5150     record the social security benefits are based by crediting the amount against the potential
5151     obligation of that parent.
5152          (b) The court or administrative agency may consider other unearned income of a child
5153     as income of a parent depending upon the circumstances of each case.
5154          [(9) (a) Gross income may not include the earnings of a minor child who is the subject
5155     of a child support award nor benefits to a minor child in the child's own right such as
5156     Supplemental Security Income.]
5157          [(b) Social security benefits received by a child due to the earnings of a parent shall be
5158     credited as child support to the parent upon whose earning record it is based, by crediting the
5159     amount against the potential obligation of that parent. Other unearned income of a child may
5160     be considered as income to a parent depending upon the circumstances of each case.]
5161          Section 151. Section 81-6-204 is enacted to read:
5162          81-6-204. General provisions for calculating child support -- Determination of
5163     base combined child support obligation.
5164          (1) To calculate child support, the court or administrative agency shall determine the
5165     base combined child support obligation for the parents by:
5166          (a) except as provided in Subsection (3), adjusting the average monthly gross income
5167     for each parent by subtracting any alimony previously ordered and paid and any child support
5168     previously ordered for that parent;
5169          (b) adjusting the average monthly gross income for each parent by subtracting any
5170     credits deemed appropriate under Subsections 81-6-202(7) and (8);

5171          (c) combining the adjusted average monthly gross incomes for both parents; and
5172          (d) locating the base combined child support obligation in the base combined child
5173     support obligation table by finding:
5174          (i) the combined adjusted average monthly gross incomes of the parents in the table;
5175     and
5176          (ii) the total number of children in common to the parents.
5177          (2) The court or administrative agency may only use the income of the parents of the
5178     child to determine the base child support award.
5179          (3) The court or administrative agency may not subtract any alimony ordered in the
5180     pending proceeding from the gross incomes of the parents as described in Subsection (1)(a).
5181          (4) If there is no amount listed for the base combined child support obligation in the
5182     base combined child support obligation table, the base combined support obligation for the
5183     parents is $0.
5184          (5) Upon determining the base combined child support obligation, the court or
5185     administrative agency shall make additional calculations as described in Section 81-6-205,
5186     81-6-206, or 81-6-207 to determine the base child support award.
5187          (6) (a) Except as provided in Subsection (6)(b), the court may consider any amount that
5188     an incapacitated adult child can contribute to the child's support and use the amount to justify a
5189     reduction in the amount of support ordered.
5190          (b) If the case described in Subsection (6)(a) involves more than one child, the
5191     reduction may not be greater than the effect of reducing the total number of children by one.
5192          (7) (a) The base combined child support obligation table provides combined child
5193     support obligations for up to six children.
5194          (b) If a case involves more than six children, the court may add additional amounts to
5195     the base child support obligation shown in the base combined child support obligation table.
5196          (c) Unless rebutted by Subsection 81-6-202(3), the court or administrative agency may
5197     not order an amount less than the amount that would be ordered for up to six children.
5198          (8) (a) If the combined adjusted gross income exceeds the highest level specified in the
5199     base combined child support obligation table, the court shall order an appropriate and just
5200     amount of child support on a case-by-case basis, except that the court may not order an amount
5201     that is less than the highest level specified in the table for the number of children due child

5202     support.
5203          (b) There is no maximum limit on the base child support award that a court may order
5204     using the child support tables.
5205          (9) The amount shown in a child support table is the child support amount for the total
5206     number of children not an amount per child.
5207          (10) For all worksheets, income and child support award figures are rounded to the
5208     nearest dollar.
5209          Section 152. Section 81-6-205 is enacted to read:
5210          81-6-205. Sole physical custody -- Obligation calculations -- Change in physical
5211     custody.
5212          (1) This section applies to a case in which a parent, or another person, is awarded sole
5213     physical custody of the children.
5214          (2) Except as provided in Subsections (3) and (4), the court or administrative agency
5215     shall determine the base child support award for each parent by:
5216          (a) dividing each parent's monthly adjusted gross income by the combined monthly
5217     adjusted gross income to determine each parent's percentage; and
5218          (b) multiplying each parent's percentage by the base combined child support obligation
5219     that is calculated as described in Subsection 81-6-204(1).
5220          (3) (a) If the base combined child support obligation is $0, the court or administrative
5221     agency shall establish the base child support award for each parent by:
5222          (i) determining the individual monthly adjusted gross income for the parent;
5223          (ii) locating the amount of the base child support award in the low income table by
5224     finding:
5225          (A) the monthly adjusted gross income for the parent in the low income table; and
5226          (B) the number of children in common with the parents.
5227          (b) The corresponding amount in the low income table is the base child support award
5228     for that parent.
5229          (4) (a) If a parent's individual monthly adjusted gross income is less than the highest
5230     amount of monthly adjusted gross income shown in the low income table, the court or
5231     administrative agency shall determine that the base child support award is the lesser of:
5232          (i) the amount calculated using the base combined child support obligation table as

5233     described in Subsection (2); and
5234          (ii) the amount calculated using the low income table as described in Subsection (3).
5235          (b) If the monthly adjusted gross income of a parent is found in an area of the low
5236     income table in which no amount is shown, the court or administrative agency shall determine
5237     the base child support award by using the amount listed in the base combined child support
5238     obligation table and calculated as described in Subsection (2).
5239          (5) A base child support award in a sole physical custody case may not be less than
5240     $30.
5241          (6) The amounts calculated under this section are rebuttable as described in Section
5242     81-6-202.
5243          (7) A parent without sole physical custody of the children is an obligor and is required
5244     to pay the amount of child support calculated under this section.
5245          (8) (a) When physical custody of a child changes after the original child support order,
5246     the parent without physical custody of the child is required to pay the amount of child support
5247     calculated under this section, without the need to modify the order, to:
5248          (i) the parent who has physical custody of the child;
5249          (ii) a relative to whom physical custody of the child has been voluntarily given; or
5250          (iii) the state when the child is residing outside of the home in the protective custody,
5251     temporary custody, or care of the state or a state-licensed facility for at least 30 days.
5252          (b) When physical custody of a child changes from the physical custody that is
5253     assumed in the original child support order calculated under this section, the modification of
5254     the child support order is not necessary even if only one parent is specifically ordered to pay in
5255     the child support order.
5256          Section 153. Section 81-6-206 is enacted to read:
5257          81-6-206. Joint physical custody -- Obligation calculations.
5258          (1) This section applies to a case in which the parents are awarded joint physical
5259     custody of the children.
5260          (2) If the base combined child support obligation that is calculated as described in
5261     Subsection 81-6-204(1) is $0, the base child support award for each parent is $0.
5262          (3) If the base combined child support obligation that is calculated as described in
5263     Subsection 81-6-204(1) is greater than $0, the court or administrative agency shall determine

5264     each parent's share of the base combined child support obligation by:
5265          (a) dividing each parent's monthly adjusted gross income by the combined monthly
5266     adjusted gross income to determine each parent's percentage; and
5267          (b) multiplying each parent's percentage by the base combined child support obligation.
5268          (4) The court or administrative agency shall determine the base child support award for
5269     the parent with the lesser number of overnights by:
5270          (a) multiplying the number of overnights over 110 and under 131 for that parent by
5271     .0027;
5272          (b) multiplying the number calculated under Subsection (4)(a) by the base combined
5273     child support obligation;
5274          (c) multiplying the number of overnights over 130 for that parent by .0084;
5275          (d) multiplying the number calculated under Subsection (4)(c) by the base combined
5276     child support obligation; and
5277          (e) subtracting the numbers calculated in Subsections (4)(b) and (4)(d) from that
5278     parent's share of the base combined child support obligation calculated under Subsection (3).
5279          (5) If the base child support award calculated under Subsection (4) is greater than $0,
5280     the parent with the lesser number of overnights is the obligor and is required to pay child
5281     support.
5282          (6) If the base child support award calculated under Subsection (4) is less than $0:
5283          (a) the parent with the lesser number of overnights is the obligee; and
5284          (b) the parent with the greater number of overnights is the obligor and is required to
5285     pay child support.
5286          (7) If the parents have an equal parent-time schedule under Section 81-9-305, the
5287     amount of time to be spent with the parent who has the lower monthly adjusted gross income is
5288     considered 183 overnights, regardless of whether the parent receives 182 overnights or 183
5289     overnights under the equal parent-time schedule.
5290          Section 154. Section 81-6-207 is enacted to read:
5291          81-6-207. Split physical custody -- Obligation calculations.
5292          (1) This section applies to a case in which the parents are awarded split physical
5293     custody of the children.
5294          (2) If the base combined child support obligation that is calculated as described in

5295     Subsection 81-6-204(1) is $0, the base child support award for each parent is $0.
5296          (3) If the base combined child support obligation that is calculated as described in
5297     Subsection 81-6-204(1) is greater than $0, the court shall determine the base child support
5298     award by:
5299          (a) dividing the number of children with each parent by the combined number of
5300     children to calculate each parent's percentage of children;
5301          (b) dividing each parent's monthly adjusted gross income by the combined monthly
5302     adjusted gross income to calculate each parent's percentage of the combined monthly adjusted
5303     gross income;
5304          (c) multiplying each parent's percentage of the combined monthly adjusted gross
5305     income by the base combined child support obligation to calculate each parent's share of the
5306     base combined child support obligation;
5307          (d) multiplying each parent's share of the base combined child support obligation by
5308     the other parent's percentage of children to determine the individual child support obligations
5309     for each parent; and
5310          (e) subtracting the lesser individual child support obligation from the higher individual
5311     child support obligation to reach the base child support award.
5312          (4) The parent with the higher individual child support obligation is the parent required
5313     to pay the base child support award calculated under Subsection (3).
5314          Section 155. Section 81-6-208, which is renumbered from Section 78B-12-212 is
5315     renumbered and amended to read:
5316          [78B-12-212].      81-6-208. Requirements for a child support order regarding
5317     medical expenses -- Determination of parental liability for medical expenses.
5318          (1) As used in this section, "health insurance" means the same as that term is defined in
5319     Section 31A-1-301.
5320          [(1)] (2) Except as provided in Subsection [(3)] (4), a child support order issued or
5321     modified in this state on or after May 3, 2023, shall require compliance with the requirements
5322     described in Subsection [(2)] (3) as of the effective date of the child support order.
5323          [(2)] (3) A child support order shall:
5324          (a) [order that] require the parents provide health care coverage for the medical
5325     expenses of a child;

5326          (b) [order that] require the parents provide health insurance for the medical expenses of
5327     a child if health insurance is available to the parents at a reasonable cost;
5328          (c) [in accordance with Subsection 30-3-5(3)(b)(ii) and Section 30-3-5.4,] designate
5329     which health[, hospital, or dental] insurance plan is primary and which health[, hospital, or
5330     dental] insurance plan is secondary if, at any time, a child is covered by both parents' health[,
5331     hospital, or dental] insurance plans as described in Subsection (7);
5332          (d) [require] require each parent to share equally the out-of-pocket costs of the
5333     premium actually paid by a parent for the child's portion of health insurance; and
5334          (e) [in accordance with Subsection 30-3-5(3)(a),] include a provision that requires each
5335     parent to equally share all reasonable and necessary uninsured and unreimbursed medical and
5336     dental expenses incurred for a child, including co-payments, co-insurance, and deductibles.
5337          [(3)] (4) [A court] The court may deviate from the requirements described in
5338     Subsection [(2)] (3) if:
5339          (a) the court makes specific findings establishing good cause for the deviation; or
5340          (b) subject to the court's approval, the parents agree which parent shall provide health
5341     insurance for the child.
5342          [(4)] (5) In determining whether to take the action described in Subsection [(3)] (4), the
5343     court may consider:
5344          (a) the reasonableness of the cost;
5345          (b) the availability of a group insurance policy;
5346          (c) the coverage of the policy; or
5347          (d) the preference of the custodial parent.
5348          [(5)] (6) Subject to Subsection [(3)] (4), if a child support order does not contain the
5349     requirements described in Subsection [(2)] (3):
5350          (a) the parents are nonetheless subject to the requirements described in Subsection [(2)]
5351     (3), as applicable; and
5352          (b) for purposes of Subsection [(2)(c)] (3)(c), the health insurance plan of the parent
5353     whose birthday falls first in the calendar year is primary, and the health insurance plan of the
5354     parent whose birthday falls second in the calendar year is secondary.
5355          (7) (a) The provisions of an order under Subsection (3)(c) shall:
5356          (i) take effect if at any time a child is covered by both parents' health insurance plans;

5357     and
5358          (ii) include the following language: "If, at any point in time, a child is covered by the
5359     health insurance plans of both parents, the health insurance plan of (Parent's Name) shall be
5360     primary coverage for the child and the health insurance plan of (Other Parent's Name) shall be
5361     secondary coverage for the child. If a parent remarries and the child is not covered by that
5362     parent's health insurance plan but is covered by a step-parent's plan, the health insurance plan
5363     of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain the
5364     same designation as the primary or secondary plan of the child."
5365          (b) A court or administrative agency may not modify the language required by
5366     Subsection (7)(a)(ii).
5367          (c) Notwithstanding Subsection (7)(b), the court may allocate the payment of medical
5368     expenses including co-payments, deductibles, and co-insurance not covered by health insurance
5369     between the parents.
5370          (d) In designating primary coverage pursuant to Subsection (3)(c), the court may take
5371     into account:
5372          (i) the birth dates of the parents;
5373          (ii) a requirement in a court order, if any, for one of the parents to maintain health
5374     insurance coverage for a child;
5375          (iii) the parent with physical custody of the child; or
5376          (iv) any other factor the court considers relevant.
5377          [(6) (a)] (8) (a) The parent who provides health insurance may receive credit against
5378     the base child support award or recover the other parent's share of the child's portion of the
5379     premium.
5380          (b) If the parent does not have health insurance but another member of the parent's
5381     household provides health insurance for the child, the parent may receive credit against the
5382     base child support award or recover the other parent's share of the child's portion of the
5383     premium.
5384          [(7) (a)] (9) (a) The child's portion of the premium is a per capita share of the premium
5385     actually paid.
5386          (b) The premium expense for a child shall be calculated by dividing the premium
5387     amount by the number of persons covered under the policy and multiplying the result by the

5388     number of children in the instant case.
5389          [(8) (a)] (10) (a) The parent maintaining health care coverage or insurance shall
5390     provide verification of coverage to the other parent, or to the [Office of Recovery Services]
5391     office under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., upon initial
5392     enrollment of the child, and after initial enrollment on or before January 2 of each calendar
5393     year.
5394          (b) The parent shall notify the other parent, or the [Office of Recovery Services] office
5395     under Title IV of the Social Security Act, 42 U.S.C. Sec. 601 et seq., of any change of
5396     insurance carrier, premium, or benefits within 30 calendar days of the date the parent first knew
5397     or should have known of the change.
5398          [(9)] (c) A parent who incurs medical expenses shall provide written verification of the
5399     cost and payment of medical expenses to the other parent within 30 days of payment.
5400          [(10)] (d) [In addition to any other sanctions provided by the court, a] The court may
5401     deny a parent incurring medical expenses [may be denied] the right to receive credit for the
5402     expenses or to recover the other parent's share of the expenses if that parent fails to comply
5403     with [Subsections (8) and (9)] this Subsection (10).
5404          (11) (a) The court or administrative agency may issue an order determining the amount
5405     of a parent's liability for medical expenses of a child when the parent:
5406          (i) is required by a prior court or administrative order to:
5407          (A) share those expenses with the other parent of the child; or
5408          (B) obtain insurance for medical expenses but fails to do so; or
5409          (ii) receives direct payment from an insurer under insurance coverage obtained after the
5410     prior court or administrative order was issued.
5411          (b) If the prior court or administrative order does not specify what proportions of the
5412     expenses are to be shared:
5413          (i) the court may determine the amount of liability as may be reasonable and necessary;
5414     and
5415          (ii) the administrative agency may determine the amount of liability in accordance with
5416     established rules.
5417          (c) This Subsection (11) applies to an order without regard to when the order was
5418     issued.

5419          Section 156. Section 81-6-209, which is renumbered from Section 78B-12-214 is
5420     renumbered and amended to read:
5421          [78B-12-214].      81-6-209. Requirements for a child support order regarding
5422     child care costs and expenses -- Actual expenses for child care.
5423          [(1) The child support order shall require that each parent share equally the reasonable
5424     work-related child care expenses of the parents.]
5425          (1) The court or administrative agency shall require in a child support order that each
5426     parent share equally the reasonable work-related child care expenses of the parents.
5427          (2) (a) If an actual expense for child care is incurred, a parent shall begin paying [his]
5428     the parent's share on a monthly basis immediately upon presentation of proof of the child care
5429     expense[, but if].
5430          (b) If the child care expense ceases to be incurred, [that] the parent may suspend
5431     making monthly payment of that expense, while [it] the expense is not being incurred, without
5432     obtaining a modification of the child support order.
5433          [(b)] (c) (i) In the absence of a court order to the contrary, a parent who incurs child
5434     care expense shall provide written verification of the cost and identity of a child care provider
5435     to the other parent upon initial engagement of a provider and thereafter on the request of the
5436     other parent.
5437          (ii) In the absence of a court order to the contrary, the parent shall notify the other
5438     parent of any change of child care provider or the monthly expense of child care within 30
5439     calendar days [of the date of the change] after the day on which the change occurred.
5440          (3) [In addition to any other sanctions provided by the court, a] The court may deny a
5441     parent incurring child care expenses [may be denied] the right to receive credit for the expenses
5442     or to recover the other parent's share of the expenses if the parent incurring the expenses fails to
5443     comply with Subsection [(2)(b)] (2)(c).
5444          (4) (a) The court or administrative agency shall presume that child care costs should be
5445     included in a child support order if a parent, during extended parent-time, is working and
5446     actually incurring the child care costs.
5447          (b) The presumption under Subsection (4)(a) is rebutted if:
5448          (i) the obligor's base child support award, in combination with the award of medical
5449     expenses, exceeds 50% of the obligor's adjusted gross income; or

5450          (ii) by adding the child care costs, the obligor's child support obligation would exceed
5451     50% of the obligor's adjusted gross income.
5452          (5) (a) The court or administrative agency may award child care costs on a case-by-case
5453     basis if the child care costs are related to the career and occupational training of the custodial
5454     parent or the child care costs would be in the interest of justice.
5455          (b) The court or administrative agency may assign financial responsibility in a child
5456     support order for all or a portion of child care expenses incurred on behalf of a child due to the
5457     employment or training of the custodial parent.
5458          (6) (a) The court or administrative agency may impute a monthly obligation for child
5459     care costs when the court imputes income to a parent who is providing child care for the child
5460     so that the parties are not incurring child care costs for the child.
5461          (b) The court shall apply any monthly obligation imputed under Subsection (6)(a)
5462     towards any actual child care costs incurred within the same month for the child.
5463          Section 157. Section 81-6-210, which is renumbered from Section 78B-12-217 is
5464     renumbered and amended to read:
5465          [78B-12-217].      81-6-210. Award of tax exemption for a child.
5466          (1) [No presumption exists] There is no presumption as to which parent should be
5467     awarded the right to claim a child [or children as exemptions] as an exemption for federal and
5468     state income tax purposes.
5469          (2) Unless the parties otherwise stipulate in writing, the court [or administrative
5470     agency] shall award in any final order the exemption on a case-by-case basis.
5471          [(2)] (3) In awarding the exemption, the court [or administrative agency] shall
5472     consider:
5473          (a) as the primary factor, the relative contribution of each parent to the cost of raising
5474     the child; and
5475          (b) among other factors, the relative tax benefit to each parent.
5476          [(3)] (4) (a) Notwithstanding Subsection [(2)] (3), the court [or administrative agency]
5477     may not award any exemption to [the noncustodial parent if that parent is not current in his] a
5478     parent if the parent is not current in the parent's child support obligation[, in which case].
5479          (b) If a parent is not current in the parent's child support obligation under Subsection
5480     (4)(a), the court [or administrative agency] may award an exemption to the [custodial parent]

5481     other parent.
5482          [(4)] (5) An exemption may not be awarded to a parent unless the award will result in a
5483     tax benefit to that parent.
5484          Section 158. Section 81-6-211, which is renumbered from Section 78B-12-216 is
5485     renumbered and amended to read:
5486          [78B-12-216].      81-6-211. Reduction for extended parent-time.
5487          (1) The base child support award [shall be] is:
5488          (a) reduced by 50% for each child for time periods during which the child is with the
5489     noncustodial parent by order of the court or by written agreement of the parties for at least 25
5490     of any 30 consecutive days of extended parent-time; or
5491          (b) reduced by 25% for each child for time periods during which the child is with the
5492     noncustodial parent by order of the court[,] or by written agreement of the parties for at least 12
5493     of any 30 consecutive days of extended parent-time.
5494          (2) If the [dependent] child is a client of cash assistance provided under Title 35A,
5495     Chapter 3, Part 3, Family Employment Program, the administrative agency shall approve any
5496     agreement by the parties for reduction of child support during extended parent-time [shall be
5497     approved by the administrative agency].
5498          (3) [Normal] For purposes of this section, normal parent-time and holiday visits to the
5499     custodial parent [shall not be] are not considered extended parent-time.
5500          (4) For cases receiving [IV-D] child support services in accordance with [Title 26B,
5501     Chapter 9, Part 1, Office of Recovery Services, Title 26B, Chapter 9, Part 2, Child Support
5502     Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, to receive the
5503     adjustment] Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the
5504     noncustodial parent shall provide written documentation to the office of the extended
5505     parent-time schedule to receive the adjustment under Subsection (1), including the beginning
5506     and ending dates, [to the Office of Recovery Services] in the form of [either] a court order or a
5507     voluntary written agreement between the parties.
5508          (5) If the noncustodial parent complies with Subsection (4), owes no past-due support,
5509     and pays the full, unadjusted amount of current child support due for the month of scheduled
5510     extended parent-time and the following month, the [Office of Recovery Services] office shall
5511     refund the difference from the child support due to the custodial parent or the state, between the

5512     full amount of current child support received during the month of extended parent-time and the
5513     adjusted amount of current child support due:
5514          (a) from current child support received in the month following the month of scheduled
5515     extended parent-time; or
5516          (b) from current child support received in the month following the month written
5517     documentation of the scheduled extended parent-time is provided to the office, whichever
5518     occurs later.
5519          (6) If the noncustodial parent complies with Subsection (4), owes past-due support, and
5520     pays the full, unadjusted amount of current child support due for the month of scheduled
5521     extended parent-time, the [Office of Recovery Services] office shall apply the difference, from
5522     the child support due to the custodial parent or the state, between the full amount of current
5523     child support received during the month of extended parent-time and the adjusted amount of
5524     current child support due, to the past-due support obligation in the case.
5525          (7) For cases not receiving [IV-D] child support services in accordance with [Title
5526     26B, Chapter 9, Part 1, Office of Recovery Services, Title 26B, Chapter 9, Part 2, Child
5527     Support Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, any
5528     potential adjustment of the support payment during the month of extended visitation or any
5529     refund that may be due to the noncustodial parent from the custodial parent, shall be resolved
5530     between the parents or through the court without involvement by the Office of Recovery
5531     Services] Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the
5532     court or the parents shall resolve, without involvement by the office, any potential adjustment
5533     of the child support payment during the month of extended visitation or any refund that is due
5534     to the noncustodial parent from the custodial parent.
5535          (8) For purposes of this section, the per child amount to which the abatement applies
5536     [shall be] is calculated by dividing the base child support award by the number of children
5537     included in the award.
5538          (9) The reduction in this section does not apply to parents with joint physical custody
5539     obligations calculated in accordance with Section [78B-12-208] 81-6-206.
5540          Section 159. Section 81-6-212 is enacted to read:
5541          81-6-212. Modification of child support order -- Adjustment of child support.
5542          (1) The amount of prospective child support is equal to the amount granted by a prior

5543     child support order unless:
5544          (a) there is a substantial change of circumstances on the part of the obligor or obligee
5545     as described in this section; or
5546          (b) an adjustment is made as described in this section or Section 81-6-213.
5547          (2) If the prior child support order contains a stipulated provision for the automatic
5548     adjustment for prospective child support, the prospective child support is the amount as stated
5549     in the order, without a showing of a substantial change of circumstances, if the stipulated
5550     provision:
5551          (a) is clear and unambiguous;
5552          (b) is self-executing;
5553          (c) provides for child support that equals or exceeds the base child support award
5554     required by the child support guidelines; and
5555          (d) does not allow a decrease in child support as a result of the obligor's voluntary
5556     reduction of income.
5557          (3) (a) A parent, legal guardian, or the office may, at any time, petition the court to
5558     adjust the amount of a child support order if there has been a substantial change in
5559     circumstances.
5560          (b) A change in the child support tables is not a substantial change in circumstances for
5561     the purposes of Subsection (3)(a).
5562          (c) For purposes of this Subsection (3)(a), a substantial change in circumstances may
5563     include:
5564          (i) material changes in custody;
5565          (ii) material changes in the relative wealth or assets of the parties;
5566          (iii) material changes of 30% or more in the income of a parent;
5567          (iv) material changes in the employment potential and ability of a parent to earn;
5568          (v) material changes in the medical needs of the child; or
5569          (vi) material changes in the legal responsibilities of either parent for the support of
5570     others.
5571          (4) Upon receiving a petition under Subsection (3)(a), the court shall, taking into
5572     account the best interests of the child:
5573          (a) determine whether a substantial change has occurred;

5574          (b) if a substantial change has occurred, determine whether the change results in a
5575     difference of 15% or more between the obligor's ordered support amount and the obligor's
5576     support amount that would be required under the child support guidelines; and
5577          (c) adjust the obligor's ordered support amount to that which is provided for in the
5578     child support guidelines if:
5579          (i) there is a difference of 15% or more; and
5580          (ii) the difference is not of a temporary nature.
5581          (5) (a) If a child support order has not been issued or modified within the previous
5582     three years, a parent, legal guardian, or the office may move the court to adjust the amount of a
5583     child support order.
5584          (b) Upon receiving a motion under Subsection (5)(a), the court shall, taking into
5585     account the best interests of the child:
5586          (i) determine whether there is a difference between the obligor's ordered support
5587     amount and the obligor's support amount that would be required under the child support
5588     guidelines; and
5589          (ii) if there is a difference as described in Subsection (5)(b)(i), adjust the obligor's
5590     ordered support amount to the obligor's support amount provided in the child support
5591     guidelines if:
5592          (A) the difference is 10% or more;
5593          (B) the difference is not of a temporary nature; and
5594          (C) the order adjusting the obligor's ordered support amount does not deviate from the
5595     child support guidelines.
5596          (c) A showing of a substantial change in circumstances is not necessary for an
5597     adjustment under this Subsection (5).
5598          Section 160. Section 81-6-213 is enacted to read:
5599          81-6-213. Adjustment to child support when child becomes emancipated.
5600          (1) Except as otherwise provided in the child support order, the base child support
5601     award is automatically adjusted to the base child support award for the remaining number of
5602     children due child support, without the need to modify the most recent child support order by a
5603     court, when a child:
5604          (a) becomes 18 years old or graduates from high school during the child's normal and

5605     expected year of graduation, whichever occurs later;
5606          (b) dies, marries, becomes a member of the armed forces of the United States; or
5607          (c) is emancipated in accordance with Title 80, Chapter 7, Emancipation.
5608          (2) The base child support award is adjusted as described in Subsection (1) by using
5609     the child support table that was used to establish the most recent child support order and by
5610     using the income of the parties as specified in the most recent child support order or the
5611     worksheets.
5612          (3) The base child support award may not be reduced by a per child amount derived
5613     from the base child support award originally ordered.
5614          (4) If the incomes of the parties are not specified in the most recent child support order
5615     or the worksheets, the information regarding the incomes is not consistent, or the order deviates
5616     from the child support guidelines, the base child support award is not automatically adjusted
5617     under Subsection (1) and the child support order will continue until modified by the issuing
5618     tribunal.
5619          (5) If the child support order is deviated and the parties subsequently obtain a court
5620     order that adjusts the amount of child support back to the date of the emancipation of the child,
5621     the office may not be required to repay any difference in the child support collected during the
5622     interim.
5623          Section 161. Section 81-6-214, which is renumbered from Section 78B-12-218 is
5624     renumbered and amended to read:
5625          [78B-12-218].      81-6-214. Accountability of support provided to benefit child
5626     -- Accounting.
5627          (1) The court or administrative agency [which] that issues the initial or modified order
5628     for child support may, upon the petition of the obligor, order prospectively the obligee to
5629     furnish an accounting of amounts provided for the child's benefit to the obligor, including an
5630     accounting or receipts.
5631          (2) The court or administrative agency may prescribe the frequency and the form of the
5632     accounting [which shall include], including receipts [and an accounting].
5633          (3) The obligor may petition for the accounting only if current on all child support that
5634     has been ordered.
5635          Section 162. Section 81-6-301 is enacted to read:

5636     
Part 3. Child Support Tables

5637          81-6-301. Definitions for part.
5638          Reserved.
5639          Section 163. Section 81-6-302, which is renumbered from Section 78B-12-301 is
5640     renumbered and amended to read:
5641          78B-12-301.      81-6-302. Base combined child support obligation table --
5642     Both parents -- Child support orders entered before January 1, 2023.
5643          The table in this section [shall be] is used to:
5644          (1) establish a child support order entered for the first time on or after January 1, 2008,
5645     but before January 1, 2023;
5646          (2) modify a child support order entered for the first time on or after January 1, 2008,
5647     but before January 1, 2023;
5648          (3) modify a temporary judicial child support order established on or before December
5649     31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
5650          (4) modify a final child support order entered on or before December 31, 2007, if the
5651     modification is made on or after January 1, 2010, but before January 1, 2025.
5652      Combined Monthly
Adjusted Gross
Income

Number of Children
5653      123456
5654      FromTo
5655      726 -750138 245286 319351382
5656      751 -775141 252294 328360392
5657      776 -800146 259301 336370402
5658      801 -825151 265309 345379412
5659      826 -850155 272317 353389423
5660      851 -875160 279324 362398433
5661      876 -900165 285332 370407443
5662      901 -925169 292340 379417453
5663      926 -950174 299348 387426464
5664      951 -975179 305355 396436474
5665      976 -1,000183 312363 405445484
5666      1,001 -1,050193 322374 417459500
5667      1,051 -1,100201 335390 435478520
5668      1,101 -1,150210 348405 452497541
5669      1,151 -1,200220 362420 469516561
5670      1,201 -1,250229 375436 486535582
5671      1,251 -1,300238 388451 503553602
5672      1,301 -1,350248 401467 520572623
5673      1,351 -1,400256 414481 536590642
5674      1,401 -1,450265 426495 552607661
5675      1,451 -1,500275 438510 568625680
5676      1,501 -1,550284 451524 584643699
5677      1,551 -1,600293 463538 600660718
5678      1,601 -1,650303 476553 616678737
5679      1,651 -1,700311 488567 632695757
5680      1,701 -1,750320 500581 648713776
5681      1,751 -1,800330 513596 664731795
5682      1,801 -1,850339 525610 680748814
5683      1,851 -1,900348 538624 696766833
5684      1,901 -1,950358 550638 712783852
5685      1,951 -2,000366 562652 727800870
5686      2,001 -2,100385 580673 750825898
5687      2,101 -2,200399 604701 781859935
5688      2,201 -2,300410 628728 812893972
5689      2,301 -2,400420 652756 8439271,009
5690      2,401 -2,500431 676784 8749611,046
5691      2,501 -2,600443 700811 9049951,082
5692      2,601 -2,700453 723838 9341,0281,118
5693      2,701 -2,800464 747865 9641,0601,154
5694      2,801 -2,900475 770891 9941,0931,189
5695      2,901 -3,000485 7949181,0241,1261,225
5696      3,001 -3,100496 8179451,0541,1591,261
5697      3,101 -3,200508 8389701,0811,1891,294
5698      3,201 -3,300518 8599941,1081,2191,326
5699      3,301 -3,400529 881 1,0181,1351,2481,358
5700      3,401 -3,500539 902 1,0421,1621,2781,391
5701      3,501 -3,600548 923 1,0661,1891,3081,423
5702      3,601 -3,700555 944 1,0901,2161,3371,455
5703      3,701 -3,800564 965 1,1151,2431,3671,487
5704      3,801 -3,900573 985 1,1381,2691,3961,519
5705      3,901 -4,0005811,004 1,1601,2941,4231,548
5706      4,001 -4,1005901,024 1,1821,3181,4501,577
5707      4,101 -4,2005991,043 1,2041,3421,4771,607
5708      4,201 -4,3006081,062 1,2261,3671,5031,636
5709      4,301 -4,4006161,081 1,2481,3911,5301,665
5710      4,401 -4,5006241,101 1,2701,4161,5571,694
5711      4,501 -4,6006331,119 1,2911,4391,5831,722
5712      4,601 -4,7006411,133 1,3061,4561,6011,742
5713      4,701 -4,8006501,147 1,3211,4731,6201,762
5714      4,801 -4,9006591,161 1,3361,4891,6381,783
5715      4,901 -5,0006681,175 1,3511,5061,6571,803
5716      5,001 -5,1006761,189 1,3661,5231,6751,823
5717      5,101 -5,2006841,203 1,3811,5401,6941,843
5718      5,201 -5,3006931,217 1,3961,5571,7121,863
5719      5,301 -5,4007011,227 1,4081,5701,7261,878
5720      5,401 -5,5007101,238 1,4191,5821,7411,894
5721      5,501 -5,6007191,248 1,4311,5951,7551,909
5722      5,601 -5,7007281,259 1,4421,6081,7691,925
5723      5,701 -5,8007331,269 1,4541,6211,7831,940
5724      5,801 -5,9007391,280 1,4651,6341,7971,956
5725      5,901 -6,0007451,290 1,4771,6471,8121,971
5726      6,001 -6,1007511,302 1,4901,6611,8271,988
5727      6,101 -6,2007561,313 1,5031,6761,8432,005
5728      6,201 -6,3007631,325 1,5161,6901,8592,023
5729      6,301 -6,4007691,336 1,5281,7041,8742,039
5730      6,401 -6,5007751,347 1,5401,7171,8892,055
5731      6,501 -6,6007801,358 1,5531,7311,9042,072
5732      6,601 -6,7007861,369 1,5651,7451,9192,088
5733      6,701 -6,8007861,380 1,5771,7591,9342,105
5734      6,801 -6,9008411,391 1,5901,7721,9502,121
5735      6,901 -7,0008501,402 1,6021,7861,9652,138
5736      7,001 -7,1008591,413 1,6141,8001,9802,154
5737      7,101 -7,2008681,417 1,6181,8041,9852,159
5738      7,201 -7,3008761,420 1,6211,8071,9882,163
5739      7,301 -7,4008831,423 1,6241,8111,9922,167
5740      7,401 -7,5008881,426 1,6271,8141,9962,171
5741      7,501 -7,6008941,429 1,6301,8181,9992,175
5742      7,601 -7,7008991,432 1,6331,8212,0032,179
5743      7,701 -7,8009041,436 1,6361,8242,0072,184
5744      7,801 -7,9009101,439 1,6391,8282,0112,188
5745      7,901 -8,0009151,442 1,6421,8312,0142,192
5746      8,001 -8,1009211,445 1,6461,8352,0182,196
5747      8,101 -8,2009261,448 1,6491,8382,0222,200
5748      8,201 -8,3009331,451 1,6521,8422,0262,204
5749      8,301 -8,4009381,454 1,6551,8452,0292,208
5750      8,401 -8,5009441,460 1,6611,8522,0372,216
5751      8,501 -8,6009491,475 1,6781,8712,0582,240
5752      8,601 -8,7009541,491 1,6961,8912,0802,263
5753      8,701 -8,8009601,506 1,7141,9112,1022,287
5754      8,801 -8,9009651,522 1,7321,9312,1242,311
5755      8,901 -9,0009711,537 1,7491,9512,1462,334
5756      9,001 -9,1009761,553 1,7671,9702,1672,358
5757      9,101 -9,2009831,568 1,7851,9902,1892,382
5758      9,201 -9,3009881,584 1,8032,0102,2112,405
5759      9,301 -9,4009941,599 1,8202,0302,2332,429
5760      9,401 -9,5009991,614 1,8382,0492,2542,453
5761      9,501 -9,6001,0041,630 1,8562,0692,2762,477
5762      9,601 -9,7001,0101,645 1,8742,0892,2982,500
5763      9,701 -9,8001,0151,661 1,8912,1092,3202,524
5764      9,801 -9,9001,0211,673 1,9052,1242,3362,542
5765      9,901 - 10,0001,0261,683 1,9172,1372,3512,557
5766      10,001 - 10,1001,0331,694 1,9282,1502,3652,573
5767      10,101 - 10,2001,0391,704 1,9402,1632,3792,589
5768      10,201 - 10,3001,0451,715 1,9512,1762,3942,604
5769      10,301 - 10,4001,0511,725 1,9632,1892,4082,620
5770      10,401 - 10,5001,0581,736 1,9752,2022,4222,635
5771      10,501 - 10,6001,0641,746 1,9862,2152,4362,651
5772      10,601 - 10,7001,0701,757 1,9982,2282,4512,666
5773      10,701 - 10,8001,0771,767 2,0102,2412,4652,682
5774      10,801 - 10,9001,0831,778 2,0212,2542,4792,697
5775      10,901 - 11,0001,0901,788 2,0332,2672,4942,713
5776      11,001 - 11,1001,0961,799 2,0452,2802,5082,729
5777      11,101 - 11,2001,1031,809 2,0562,2932,5222,744
5778      11,201 - 11,3001,1091,820 2,0682,3062,5372,760
5779      11,301 - 11,4001,1161,830 2,0802,3192,5512,775
5780      11,401 - 11,5001,1231,841 2,0912,3322,5652,791
5781      11,501 - 11,6001,1291,851 2,1032,3452,5792,806
5782      11,601 - 11,7001,1361,862 2,1152,3582,5942,822
5783      11,701 - 11,8001,1431,872 2,1262,3712,6082,838
5784      11,801 - 11,9001,1501,882 2,1382,3832,6222,852
5785      11,901 - 12,0001,1571,892 2,1482,3952,6352,867
5786      12,001 - 12,1001,1641,901 2,1592,4072,6482,881
5787      12,101 - 12,2001,1711,910 2,1702,4192,6612,895
5788      12,201 - 12,3001,1781,919 2,1802,4312,6742,910
5789      12,301 - 12,4001,1851,929 2,1912,4432,6872,924
5790      12,401 - 12,5001,1921,938 2,2022,4552,7002,938
5791      12,501 - 12,6001,1991,947 2,2122,4672,7142,952
5792      12,601 - 12,7001,2061,956 2,2232,4792,7272,967
5793      12,701 - 12,8001,2131,966 2,2342,4912,7402,981
5794      12,801 - 12,9001,2201,975 2,2452,5032,7532,995
5795      12,901 - 13,0001,2271,984 2,2552,5142,7663,009
5796      13,001 - 13,1001,2331,993 2,2652,5252,7783,022
5797      13,101 - 13,2001,2392,001 2,2752,5362,7903,035
5798      13,201 - 13,3001,2452,010 2,2852,5472,8023,049
5799      13,301 - 13,4001,2502,018 2,2942,5582,8143,062
5800      13,401 - 13,5001,2562,027 2,3042,5692,8263,075
5801      13,501 - 13,6001,2622,035 2,3142,5802,8383,088
5802      13,601 - 13,7001,2672,044 2,3242,5912,8503,101
5803      13,701 - 13,8001,2732,052 2,3342,6022,8623,114
5804      13,801 - 13,9001,2792,061 2,3442,6132,8753,127
5805      13,901 - 14,0001,2842,069 2,3542,6242,8873,141
5806      14,001 - 14,1001,2902,078 2,3632,6352,8993,154
5807      14,101 - 14,2001,2962,087 2,3732,6462,9113,167
5808      14,201 - 14,3001,3012,095 2,3832,6572,9233,180
5809      14,301 - 14,4001,3062,104 2,3932,6682,9353,193
5810      14,401 - 14,5001,3122,112 2,4032,6792,9473,206
5811      14,501 - 14,6001,3172,121 2,4132,6902,9593,220
5812      14,601 - 14,7001,3232,129 2,4232,7012,9713,233
5813      14,701 - 14,8001,3292,138 2,4322,7122,9833,246
5814      14,801 - 14,9001,3342,146 2,4422,7232,9953,259
5815      14,901 - 15,0001,3402,155 2,4522,7343,0083,272
5816      15,001 - 15,1001,3452,163 2,4612,7443,0183,284
5817      15,101 - 15,2001,3512,170 2,4692,7523,0283,294
5818      15,201 - 15,3001,3572,177 2,4762,7613,0373,304
5819      15,301 - 15,4001,3622,184 2,4842,7693,0463,314
5820      15,401 - 15,5001,3682,191 2,4912,7783,0563,325
5821      15,501 - 15,6001,3732,198 2,4992,7863,0653,335
5822      15,601 - 15,7001,3792,205 2,5072,7953,0743,345
5823      15,701 - 15,8001,3842,211 2,5142,8033,0843,355
5824      15,801 - 15,9001,3902,218 2,5222,8123,0933,365
5825      15,901 - 16,0001,3952,225 2,5292,8203,1023,375
5826      16,001 - 16,1001,4012,232 2,5372,8293,1123,385
5827      16,101 - 16,2001,4072,239 2,5452,8373,1213,396
5828      16,201 - 16,3001,4122,246 2,5522,8463,1303,406
5829      16,301 - 16,4001,4182,253 2,5602,8543,1403,416
5830      16,401 - 16,5001,4232,260 2,5672,8633,1493,426
5831      16,501 - 16,6001,4292,267 2,5752,8713,1583,436
5832      16,601 - 16,7001,4342,274 2,5832,8803,1683,446
5833      16,701 - 16,8001,4402,281 2,5902,8883,1773,457
5834      16,801 - 16,9001,4452,288 2,5982,8973,1863,467
5835      16,901 - 17,0001,4512,295 2,6052,9053,1963,477
5836      17,001 - 17,1001,4562,302 2,6132,9143,2053,487
5837      17,101 - 17,2001,4622,309 2,6212,9223,2143,497
5838      17,201 - 17,3001,4672,316 2,6282,9313,2243,507
5839      17,301 - 17,4001,4732,323 2,6362,9393,2333,517
5840      17,401 - 17,5001,4782,330 2,6432,9473,2423,528
5841      17,501 - 17,6001,4832,337 2,6512,9563,2523,538
5842      17,601 - 17,7001,4892,344 2,6592,9643,2613,548
5843      17,701 - 17,8001,4942,351 2,6662,9733,2703,558
5844      17,801 - 17,9001,4992,358 2,6742,9813,2803,568
5845      17,901 - 18,0001,5052,365 2,6822,9903,2893,578
5846      18,001 - 18,1001,5102,372 2,6892,9983,2983,588
5847      18,101 - 18,2001,5162,379 2,6973,0073,3083,599
5848      18,201 - 18,3001,5202,386 2,7043,0153,3173,609
5849      18,301 - 18,4001,5252,392 2,7123,0243,3263,619
5850      18,401 - 18,5001,5302,399 2,7203,0323,3363,629
5851      18,501 - 18,6001,5352,406 2,7273,0413,3453,639
5852      18,601 - 18,7001,5402,413 2,7353,0493,3543,649
5853      18,701 - 18,8001,5452,420 2,7423,0583,3643,659
5854      18,801 - 18,9001,5502,427 2,7503,0663,3733,670
5855      18,901 - 19,0001,5552,434 2,7583,0753,3823,680
5856      19,001 - 19,1001,5602,441 2,7653,0833,3913,690
5857      19,101 - 19,2001,5652,448 2,7733,0923,4013,700
5858      19,201 - 19,3001,5702,455 2,7803,1003,4103,710
5859      19,301 - 19,4001,5752,462 2,7883,1093,4193,720
5860      19,401 - 19,5001,5802,469 2,7963,1173,4293,731
5861      19,501 - 19,6001,5852,476 2,8033,1263,4383,741
5862      19,601 - 19,7001,5902,483 2,8113,1343,4473,751
5863      19,701 - 19,8001,5952,490 2,8183,1433,4573,761
5864      19,801 - 19,9001,6002,497 2,8263,1513,4663,771
5865      19,901 - 20,0001,6052,504 2,8343,1593,4753,781
5866      20,001 - 22,000 1,7662,754 3,1173,4753,8224,159
5867      22,001 - 24,000 1,9263,005 3,4013,7914,1704,537
5868      24,001 - 26,000 2,0873,255 3,6844,1074,5184,915
5869      26,001 - 28,000 2,2473,506 3,9684,4234,8655,293
5870      28,001 - 30,000 2,4083,756 4,2514,7395,2135,672
5871      30,001 - 32,000 2,5083,916 4,4514,9795,4735,952
5872      32,001 - 34,000 2,6084,076 4,6515,2195,7336,232
5873      34,001 - 36,000 2,7084,236 4,8515,4595,9936,512
5874      36,001 - 38,000 2,8084,396 5,0515,6996,2536,792
5875      38,001 - 40,000 2,9084,556 5,2515,9396,5137,072
5876      40,001 - 42,000 3,0084,716 5,4516,1796,7737,352
5877      42,001 - 44,000 3,1084,876 5,6516,4197,0337,632
5878      44,001 - 46,000 3,2085,036 5,8516,6597,2937,912
5879      46,001 - 48,000 3,3085,196 6,0516,8997,5538,192
5880      48,001 - 50,000 3,4085,356 6,2517,1397,8138,472
5881      50,001 - 52,000 3,5085,476 6,3917,2997,9938,672
5882      52,001 - 54,000 3,6085,596 6,5317,4598,1738,872
5883      54,001 - 56,000 3,7085,716 6,6717,6198,3539,072
5884      56,001 - 58,000 3,8085,836 6,8117,7798,5339,272
5885      58,001 - 60,000 3,9085,956 6,9517,9398,7139,472
5886      60,001 - 62,000 4,0086,076 7,0918,0998,8939,672
5887      62,001 - 64,000 4,1086,196 7,2318,2599,0739,872
5888      64,001 - 66,000 4,2086,316 7,3718,4199,25310,072
5889      66,001 - 68,000 4,3086,436 7,5118,5799,43310,272
5890      68,001 - 70,000 4,4086,556 7,6518,7399,61310,472
5891      70,001 - 72,000 4,5086,676 7,7918,8999,79310,672
5892      72,001 - 74,000 4,6086,796 7,9319,0599,97310,872
5893      74,001 - 76,000 4,7086,916 8,0719,219 10,15311,072
5894      76,001 - 78,000 4,8087,036 8,2119,379 10,33311,272
5895      78,001 - 80,000 4,9087,156 8,3519,539 10,51311,472
5896      80,001 - 82,000 5,0087,276 8,4919,699 10,69311,672
5897      82,001 - 84,000 5,1087,396 8,6319,859 10,87311,872
5898      84,001 - 86,000 5,2087,516 8,77110,019 11,05312,072
5899      86,001 - 88,000 5,3087,636 8,91110,179 11,23312,272
5900      88,001 - 90,000 5,4087,756 9,05110,339 11,41312,472
5901      90,001 - 92,000 5,5087,876 9,19110,499 11,59312,672
5902      92,001 - 94,000 5,6087,996 9,33110,659 11,77312,872
5903      94,001 - 96,000 5,7088,116 9,47110,819 11,95313,072
5904      96,001 - 98,000 5,8088,236 9,61110,979 12,13313,272
5905      98,001 - 100,000 5,9088,356 9,75111,139 12,31313,472

5906          Section 164. Section 81-6-303, which is renumbered from Section 78B-12-302 is
5907     renumbered and amended to read:
5908          [78B-12-302].      81-6-303. Low income table -- Obligor parent only -- Child
5909     support orders entered before January 1, 2023.
5910          The table in this section [shall be] is used to:
5911          (1) establish a child support order entered for the first time on or after January 1, 2008,
5912     but before January 1, 2023;
5913          (2) modify a child support order entered for the first time on or after January 1, 2008,
5914     but before January 1, 2023;
5915          (3) modify a temporary judicial child support order established on or before December

5916     31, 2007, if the new order is entered on or after January 1, 2008, but before January 1, 2023; or
5917          (4) modify a final child support order entered on or before December 31, 2007, if the
5918     modification is made on or after January 1, 2010, but before January 1, 2025.
5919     
Individual
Monthly

Adjusted Gross

Income
Number of Children
5920      123456
5921      From
To
5922      0 -649303030303030
5923      650 -675303030303131
5924      676 -700586060616162
5925      701 -725888890919292
5926      726 -750117118119120122123
5927      751 -775148149151153155
5928      776 -800178179182183186
5929      801 -825207209212214216
5930      826 -850236239242244247
5931      851 -875266269272275278
5932      876 -900299303305309
5933      901 -925329333337339
5934      926 -950363366370
5935      951 -975393398402
5936      976 -1,000428433
5937      1,001 -1,050494

5938          Section 165. Section 81-6-304, which is renumbered from Section 78B-12-303 is
5939     renumbered and amended to read:
5940          [78B-12-303].      81-6-304. Based combined child support obligation table --
5941     Both parents -- Child support orders entered on or after January 1, 2023.

5942          The following table [shall be] is used to:
5943          (1) establish a child support order entered for the first time on or after January 1, 2023;
5944          (2) modify a child support order entered for the first time on or after January 1, 2023;
5945          (3) modify a temporary judicial child support order established on or before December
5946     31, 2022, if the new order is entered on or after January 1, 2023; or
5947          (4) modify a final child support order entered on or before December 31, 2022, if the
5948     modification is made on or after January 1, 2025.
5949      Combined Monthly
Adjusted Gross
Income
Number of Children
5950      123456
5951      FromTo
5952      1,951 -2,000366
5953      2,001 -2,100385
5954      2,101 -2,200399
5955      2,201 -2,300410 628728
5956      2,301 -2,400420 652756 843927
5957      2,401 -2,500431 676784 8749611,046
5958      2,501 -2,600443 700811 9049951,082
5959      2,601 -2,700453 723838 9341,0281,118
5960      2,701 -2,800464 747865 9641,0601,154
5961      2,801 -2,900475 770891 9941,0931,189
5962      2,901 -3,000485 7949181,0241,1261,225
5963      3,001 -3,100496 8179451,0541,1591,261
5964      3,101 -3,200508 8389701,0811,1891,294
5965      3,201 -3,300518 8599941,1081,2191,326
5966      3,301 -3,400529 881 1,0181,1351,2481,358
5967      3,401 -3,500539 902 1,0421,1621,2781,391
5968      3,501 -3,600548 923 1,0661,1891,3081,423
5969      3,601 -3,700555 944 1,0901,2161,3371,455
5970      3,701 -3,800564 965 1,1151,2431,3671,487
5971      3,801 -3,900573 985 1,1381,2691,3961,519
5972      3,901 -4,0005811,004 1,1601,2941,4231,548
5973      4,001 -4,1005901,024 1,1821,3181,4501,577
5974      4,101 -4,2005991,043 1,2041,3421,4771,607
5975      4,201 -4,3006081,062 1,2261,3671,5031,636
5976      4,301 -4,4006161,081 1,2481,3911,5301,665
5977      4,401 -4,5006241,101 1,2701,4161,5571,694
5978      4,501 -4,6006331,119 1,2911,4391,5831,722
5979      4,601 -4,7006411,133 1,3061,4561,6011,742
5980      4,701 -4,8006501,147 1,3211,4731,6201,762
5981      4,801 -4,9006591,161 1,3361,4891,6381,783
5982      4,901 -5,0006681,175 1,3511,5061,6571,803
5983      5,001 -5,1006761,189 1,3661,5231,6751,823
5984      5,101 -5,2006841,203 1,3811,5401,6941,843
5985      5,201 -5,3006931,217 1,3961,5571,7121,863
5986      5,301 -5,4007011,227 1,4081,5701,7261,878
5987      5,401 -5,5007101,238 1,4191,5821,7411,894
5988      5,501 -5,6007191,248 1,4311,5951,7551,909
5989      5,601 -5,7007281,259 1,4421,6081,7691,925
5990      5,701 -5,8007331,269 1,4541,6211,7831,940
5991      5,801 -5,9007391,280 1,4651,6341,7971,956
5992      5,901 -6,0007451,290 1,4771,6471,8121,971
5993      6,001 -6,1007511,302 1,4901,6611,8271,988
5994      6,101 -6,2007561,313 1,5031,6761,8432,005
5995      6,201 -6,3007631,325 1,5161,6901,8592,023
5996      6,301 -6,4007691,336 1,5281,7041,8742,039
5997      6,401 -6,5007751,347 1,5401,7171,8892,055
5998      6,501 -6,6007801,358 1,5531,7311,9042,072
5999      6,601 -6,7007861,369 1,5651,7451,9192,088
6000      6,701 -6,8007861,380 1,5771,7591,9342,105
6001      6,801 -6,9008411,391 1,5901,7721,9502,121
6002      6,901 -7,0008501,402 1,6021,7861,9652,138
6003      7,001 -7,1008591,413 1,6141,8001,9802,154
6004      7,101 -7,2008681,417 1,6181,8041,9852,159
6005      7,201 -7,3008761,420 1,6211,8071,9882,163
6006      7,301 -7,4008831,423 1,6241,8111,9922,167
6007      7,401 -7,5008881,426 1,6271,8141,9962,171
6008      7,501 -7,6008941,429 1,6301,8181,9992,175
6009      7,601 -7,7008991,432 1,6331,8212,0032,179
6010      7,701 -7,8009041,436 1,6361,8242,0072,184
6011      7,801 -7,9009101,439 1,6391,8282,0112,188
6012      7,901 -8,0009151,442 1,6421,8312,0142,192
6013      8,001 -8,1009211,445 1,6461,8352,0182,196
6014      8,101 -8,2009261,448 1,6491,8382,0222,200
6015      8,201 -8,3009331,451 1,6521,8422,0262,204
6016      8,301 -8,4009381,454 1,6551,8452,0292,208
6017      8,401 -8,5009441,460 1,6611,8522,0372,216
6018      8,501 -8,6009491,475 1,6781,8712,0582,240
6019      8,601 -8,7009541,491 1,6961,8912,0802,263
6020      8,701 -8,8009601,506 1,7141,9112,1022,287
6021      8,801 -8,9009651,522 1,7321,9312,1242,311
6022      8,901 -9,0009711,537 1,7491,9512,1462,334
6023      9,001 -9,1009761,553 1,7671,9702,1672,358
6024      9,101 -9,2009831,568 1,7851,9902,1892,382
6025      9,201 -9,3009881,584 1,8032,0102,2112,405
6026      9,301 -9,4009941,599 1,8202,0302,2332,429
6027      9,401 -9,5009991,614 1,8382,0492,2542,453
6028      9,501 -9,6001,0041,630 1,8562,0692,2762,477
6029      9,601 -9,7001,0101,645 1,8742,0892,2982,500
6030      9,701 -9,8001,0151,661 1,8912,1092,3202,524
6031      9,801 -9,9001,0211,673 1,9052,1242,3362,542
6032      9,901 - 10,0001,0261,683 1,9172,1372,3512,557
6033      10,001 - 10,1001,0331,694 1,9282,1502,3652,573
6034      10,101 - 10,2001,0391,704 1,9402,1632,3792,589
6035      10,201 - 10,3001,0451,715 1,9512,1762,3942,604
6036      10,301 - 10,4001,0511,725 1,9632,1892,4082,620
6037      10,401 - 10,5001,0581,736 1,9752,2022,4222,635
6038      10,501 - 10,6001,0641,746 1,9862,2152,4362,651
6039      10,601 - 10,7001,0701,757 1,9982,2282,4512,666
6040      10,701 - 10,8001,0771,767 2,0102,2412,4652,682
6041      10,801 - 10,9001,0831,778 2,0212,2542,4792,697
6042      10,901 - 11,0001,0901,788 2,0332,2672,4942,713
6043      11,001 - 11,1001,0961,799 2,0452,2802,5082,729
6044      11,101 - 11,2001,1031,809 2,0562,2932,5222,744
6045      11,201 - 11,3001,1091,820 2,0682,3062,5372,760
6046      11,301 - 11,4001,1161,830 2,0802,3192,5512,775
6047      11,401 - 11,5001,1231,841 2,0912,3322,5652,791
6048      11,501 - 11,6001,1291,851 2,1032,3452,5792,806
6049      11,601 - 11,7001,1361,862 2,1152,3582,5942,822
6050      11,701 - 11,8001,1431,872 2,1262,3712,6082,838
6051      11,801 - 11,9001,1501,882 2,1382,3832,6222,852
6052      11,901 - 12,0001,1571,892 2,1482,3952,6352,867
6053      12,001 - 12,1001,1641,901 2,1592,4072,6482,881
6054      12,101 - 12,2001,1711,910 2,1702,4192,6612,895
6055      12,201 - 12,3001,1781,919 2,1802,4312,6742,910
6056      12,301 - 12,4001,1851,929 2,1912,4432,6872,924
6057      12,401 - 12,5001,1921,938 2,2022,4552,7002,938
6058      12,501 - 12,6001,1991,947 2,2122,4672,7142,952
6059      12,601 - 12,7001,2061,956 2,2232,4792,7272,967
6060      12,701 - 12,8001,2131,966 2,2342,4912,7402,981
6061      12,801 -