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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 [
405 [
406 [
407 [
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 [
417 (6)(a).
418 [
419 [
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[
429
430
431
432
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 [
442 (ii) report the repayment practices or credit history of joint debtors under Title 7,
443 Chapter 14, Credit Information Exchange.
444 (b) [
445 [
446 obligation, [
447 [
448 14, Credit Information Exchange, [
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[
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 [
457
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
759
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 [
772
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 [
781
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 [
882
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 [
904
905 [
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 [
919
920 [
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 [
932 Financial Privacy Act of 1978, 12 U.S.C. Sec. 3401.
933 [
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 [
948 651 et seq.
949 [
950 [
951 Section 35A-7-103.
952 [
953 jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or
954 public assistance.
955 [
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 [
959 [
960
961 [
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 [
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 [
989 [
990 [
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 [
1046 (4) "Assistance" means public assistance as defined in Section 26B-9-101.
1047 [
1048 [
1049 [
1050
1051 [
1052
1053
1054 [
1055
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 [
1060 26B-9-101.
1061 (8) "Child support guidelines" means [
1062 the same as that term is defined in Section 81-6-101.
1063 (9) "Child support order" means [
1064
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 [
1074
1075 amounts required by law to be withheld.
1076 [
1077 [
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 [
1083 [
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 [
1087 adjudicative proceeding in accordance with Section 63G-4-201.
1088 [
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 [
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 [
1095 [
1096 the same as that term is defined in Section 81-1-101.
1097 [
1098 [
1099 subdivision, department, or office.
1100 [
1101 26B-9-101.
1102 [
1103 63G-4-103.
1104 [
1105 (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
1106 dental care of a [
1107 (b) a tribunal for the financial support of a spouse or former spouse with whom the
1108 obligor's [
1109 being enforced by the state.
1110 [
1111 [
1112 [
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 [
1121
1122 property resources of the responsible parents.
1123 (2) In order to render resources more immediately available to meet the needs of
1124 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
1294 amount to that which is provided for in the child support guidelines; or
1295 [
1296
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 [
1309 (ii) a proposed [
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 [
1341 amount in accordance with the child support guidelines; or
1342 [
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 [
1361 [
1362 [
1363 [
1364 [
1365 [
1366 plan[
1367 [
1368 covered by both parents' [
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 [
1374 [
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 [
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 [
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 [
1405 (2) The employer, union, or insurer may not refuse to enroll a [
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 [
1409 appropriate premiums from the parent or legal guardian's wages and remit [
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 [
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 [
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 [
1441 Procedure by filing the action.
1442 (b) If the court determines that [
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 [
1452 [
1453
1454
1455
1456
1457 [
1458
1459
1460 (3) "Child support" means the same as that term is defined in Section 26B-9-101.
1461 (4) "Child support order" means [
1462
1463
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) [
1468 amount at least equal to current child support payable for one month is overdue.
1469 (7) "Delinquent" means delinquency.
1470 [
1471 to whether a delinquency has occurred.
1472 [
1473 (10) "IV-D services" means the same as that term is defined in Section 26B-9-201.
1474 [
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 [
1479 [
1480 [
1481 [
1482 obligor.
1483 [
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 [
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 [
1504
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) [
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 [
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 [
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) [
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 [
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 [
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 [
1668 term is defined in Section 26B-9-101.
1669 [
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 [
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 [
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 [
1688 [
1689 Department of Public Safety created in Section 53-3-103.
1690 [
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" [
1694
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 [
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 [
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 [
1823
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 [
1837
1838
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 [
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 [
1884 [
1885 [
1886 [
1887
1888 [
1889 [
1890 Enforcement Act; [
1891 [
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 [
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 [
1926
1927 [
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 [
1937
1938 [
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 [
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 [
1979 (8) approve an online course meeting the requirements of Section [
1980 and
1981 (9) for purposes of Section [
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" [
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 [
1998
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 [
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 [
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 [
2078
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 [
2094
2095 in Title 81, Chapter 4, Dissolution of Marriage;
2096 (v) $35 for a [
2097
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 [
2119
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 [
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 [
2312 [
2313 [
2314 [
2315 [
2316 [
2317 [
2318 [
2319 Enforcement Act;
2320 [
2321 [
2322 [
2323 [
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 [
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 [
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 [
2455 Protective Orders, [
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 [
2478
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 [
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 [
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 [
2561
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 [
2599 [
2600 [
2601 [
2602
2603 [
2604 [
2605 Enforcement Act; [
2606 [
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 [
2720 (2) This section does not apply to a health care malpractice action brought or seeking
2721 recovery under Section [
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 [
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 [
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 [
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 [
2752 expenses of workshops, classes, and individual counseling.
2753 [
2754
2755 with [
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 [
2762 individual counseling ordered by the court.
2763 [
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 [
2767 court from imposing other sanctions or prevent any person from bringing a cause of action
2768 allowed under state or federal law.
2769 [
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 [
2794
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. [
2829 (b) "Assisted reproduction" includes:
2830 [
2831 [
2832 [
2833 [
2834 [
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. [
2850 (b) "Donor" does not include:
2851 [
2852 assisted reproduction by the wife;
2853 [
2854 as otherwise provided in Part 8, Gestational Agreement; or
2855 [
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 [
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. [
2865 (b) "Genetic testing" includes an analysis of one or a combination of the following:
2866 [
2867 [
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) [
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. [
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, [
2914 upon [
2915 accordance with [
2916 and Visitation, as [
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 [
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 [
2938
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 [
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 [
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 [
3009 Support, may also be invoked.
3010 Section 62. Section 81-1-101 is enacted to read:
3011
3012
3013
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
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 [
3066 Temporary support and maintenance.
3067 [
3068
3069
3070
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 [
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 [
3081 party if the court finds the party is [
3082 not awarding fees.
3083 [
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 [
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 [
3090
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
3104
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 [
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
3121 [
3122 As used in this part:
3123 (1) [
3124 counseling, individual counseling, and couple counseling.
3125 (2) [
3126 (a) a lecture, class, seminar, or workshop provided by a person that meets the
3127 requirements of Subsection [
3128 (b) an online course approved by the Utah Marriage Commission as provided in
3129 Subsection [
3130 Section 70. Section 81-2-202, which is renumbered from Section 30-1-30 is
3131 renumbered and amended to read:
3132 [
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 [
3140 terms, compensation, offices -- Common counseling board with adjacent county.
3141 [
3142 (1) A county is authorized to:
3143 (a) provide for premarital counseling; and [
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 [
3146 (2) [
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) [
3151 followed by the premarital counseling board and provide for payment of compensation and
3152 expenses for members.
3153 (4) [
3154 the supervision of the premarital counseling board and provide office space, furnishings,
3155 equipment and supplies for [
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 [
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 [
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 [
3188 to marriage license -- Exceptions.
3189 Whenever [
3190 premarital counseling no resident of the county may obtain a marriage license without
3191 conforming to the plan, except that:
3192 (1) [
3193 to secure the license and to marry notwithstanding [
3194 the required premarital counseling or [
3195 authorization from the premarital counseling board if [
3196 months from the date of application for issuance of the license[
3197 (2) [
3198 where both parties are at least 19 years [
3199 (3) [
3200 unless both applicants have physically resided in Utah for 60 days immediately preceding their
3201 application[
3202 (4) [
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 [
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 [
3244 board -- Exemption from license requirements.
3245 For the purposes of this [
3246 or combination of counties may determine those persons who are to perform any services under
3247 this [
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 [
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 [
3257 (a) shall be confidential information [
3258 (b) may not be released by any person, board, commission, or other entity. [
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 [
3265 Any county adopting a master plan under this act is authorized to charge, in addition to
3266 [
3267 counseling, to be paid by the applicants at the time [
3268 Section 78. Section 81-2-301 is enacted to read:
3269
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 [
3295 (1) [
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 [
3305 [
3306
3307 [
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 [
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 [
3323 (b) The form described in Subsection [
3324 (i) all information described in Subsection [
3325 (ii) [
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 [
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 [
3337 may not be recorded on the marriage license[
3338 vital statistics files.
3339 (b) The [
3340 upon request, supply the social security numbers to the Office of Recovery Services [
3341
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 [
3356 Juvenile court authorization.
3357 [
3358
3359 [
3360
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 [
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 [
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 [
3404 [
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 [
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 [
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 [
3441 [
3442 [
3443 [
3444 [
3445 [
3446 [
3447
3448 [
3449 [
3450 [
3451 [
3452 [
3453
3454 [
3455
3456 [
3457
3458 [
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 [
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 [
3482 described in Subsection [
3483 [
3484 notwithstanding any other provision in law, no individual authorized under Subsection [
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 [
3503 as vital record.
3504 [
3505
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[
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 [
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
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 [
3527 (1) The following marriages are incestuous and void from the beginning, regardless of
3528 whether the relationship is legally recognized:
3529 (a) [
3530 (b) [
3531 an ancestor and a descendant of any degree;
3532 (c) [
3533 between siblings of the half or whole blood;
3534 [
3535 [
3536 [
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 [
3540 marriage between first cousins; or
3541 [
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[
3544
3545 (2) First cousins may marry under the following circumstances:
3546 (a) both parties are 65 years [
3547 (b) if both parties are 55 years [
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 [
3552 (1) The following marriages are prohibited and declared void:
3553 (a) when there is a spouse living[
3554 divorced;
3555 (b) except as provided in Subsection (2), [
3556 marrying is under 18 years old; [
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[
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 [
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 [
3568 chronic epileptic fits who had not been sterilized.
3569 [
3570
3571
3572
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 [
3579 ethnicity, or national origin of the parties.
3580 [
3581
3582
3583
3584
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 [
3590 immune deficiency syndrome or other sexually transmitted disease.
3591 [
3592
3593
3594
3595
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 [
3601 A marriage solemnized in any other country, state, or territory, if valid where
3602 solemnized, is valid in this state, unless [
3603 (1) [
3604 Subsection [
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 [
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 [
3611 an unauthorized individual.
3612 (1) A marriage [
3613 legal and valid if a court or administrative order establishes that the marriage arises out of a
3614 contract between [
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 [
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[
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 [
3636 When a marriage is void under Subsection [
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
3642
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 [
3648 [
3649
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 [
3655 A conveyance, transfer, or lien executed by [
3656 in favor of the [
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 [
3661 personal injury.
3662 (1) A [
3663 (a) receive the wages for [
3664 (b) maintain an action [
3665 in [
3666 (c) prosecute and defend all actions for the preservation and protection of [
3667 individual's rights and property as if unmarried.
3668 (2) [
3669 right of recovery:
3670 (a) on account of personal injury or wrong to [
3671 (b) for expenses connected [
3672 to the husband's wife.
3673 (3) (a) A wife may recover against a third person for [
3674 injury or wrong to the wife as if unmarried[
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 [
3680 (1) [
3681 debts, obligations, or liabilities of the [
3682 (a) contracted or incurred before marriage;
3683 (b) contracted or incurred during marriage, except family expenses as provided in
3684 Section [
3685 (c) contracted or incurred after divorce or an order for separate maintenance under [
3686
3687
3688
3689
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 [
3694
3695 or 15-4-6.7.
3696 (2) [
3697 property, rents, or other income of [
3698
3699
3700 Section 98. Section 81-3-106, which is renumbered from Section 30-2-6 is renumbered
3701 and amended to read:
3702 [
3703 [
3704 control of property belonging to 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 [
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 [
3711 [
3712
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 [
3716
3717
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 [
3722 A [
3723 (1) constitute the [
3724
3725 of the individual and the individual's spouse or otherwise[
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 [
3730 [
3731
3732
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 [
3744 agreement signed by [
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 [
3748 entered into by [
3749 [
3750
3751
3752
3753 (5) The provisions of Subsections [
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 [
3760 [
3761 (1) A married individual may not remove the individual's spouse or minor child from
3762 the homestead without the consent of the [
3763 property shall in good faith provide another homestead suitable to the condition in life of the
3764 family[
3765 (2) If a married individual abandons the individual's spouse, the individual's spouse is
3766 entitled to the custody of [
3767
3768 Section 103. Section 81-3-111, which is renumbered from Section 30-2-11 is
3769 renumbered and amended to read:
3770 [
3771 (1) [
3772 (a) [
3773 an individual that substantially changes that [
3774
3775 (i) a partial or complete paralysis of one or more of the extremities;
3776 (ii) significant disfigurement; or
3777 (iii) incapability of the [
3778 individual performed before the injury[
3779 (b) [
3780 (i) established between [
3781 laws of this state; and
3782 (ii) existing at the time of the person's injury.
3783 (2) The spouse of [
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 [
3787 apply to the spouse's claim of loss of consortium.
3788 [
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 [
3793 [
3794 (a) shall be derivative from the cause of action existing [
3795 [
3796 (b) may not exist in cases where the injured [
3797 of action.
3798 [
3799 injured [
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 [
3803 the injured [
3804 limit on noneconomic damages, including Section 78B-3-410.
3805 [
3806 required to pay, when combined with any award to the injured [
3807 governmental entity is required to pay, may not exceed the liability limit for one [
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
3813 [
3814 As used in this [
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 [
3822 (1) A premarital agreement shall be in writing and signed by both parties.
3823 (2) [
3824 Section 106. Section 81-3-203, which is renumbered from Section 30-8-4 is
3825 renumbered and amended to read:
3826 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
3887 This [
3888 purpose to make uniform the law with respect to the subject of this [
3889 enacting [
3890 Section 112. Section 81-4-101 is enacted to read:
3891
3892
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 [
3901 Nothing [
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 [
3906 [
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 [
3913 (1) [
3914 without filing a petition for divorce, by filing a petition for temporary separation and motion
3915 for temporary orders if:
3916 (a) the [
3917 whom the separation is sought; and
3918 (b) both parties are residents of the state for at least 90 days [
3919 before the day on which the action is filed.
3920 (2) The temporary orders are valid for one year [
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) [
3928 orientation course described in Section [
3929 (i) 60 days of the filing of the petition, for the petitioner[
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 [
3949
3950 [
3951
3952
3953
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 [
3958 (1) (a) There is established a mandatory divorce orientation course for all parties with
3959 [
3960
3961 (b) The purpose of the course is to educate parties about the divorce process and
3962 reasonable alternatives.
3963 [
3964
3965 [
3966
3967
3968
3969 [
3970
3971
3972 [
3973
3974 [
3975
3976
3977 [
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 [
3991 divorcing parents required by Section [
3992 [
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 [
3997 online provider.
3998 [
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. [
4010
4011
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 [
4015
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 [
4021
4022 in Subsection (6) to attend the mandatory orientation course under this section.
4023 [
4024 forms for divorce that inform the petitioner of the requirement of this section.
4025 [
4026 completion by the parties.
4027 [
4028 orientation requirement was not complied with[
4029 has complied.
4030 [
4031 (a) adopt a program to evaluate the effectiveness of the mandatory educational course[
4032
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 [
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 [
4042 (2) The Judicial Council shall adopt rules to implement and administer this program.
4043 [
4044
4045
4046
4047 [
4048
4049
4050
4051 [
4052
4053 [
4054 (a) about divorce and its impacts on:
4055 (i) their [
4056 (ii) their family relationship; and
4057 (iii) their financial responsibilities for [
4058 (b) that domestic violence has a harmful effect on [
4059 relationships.
4060 [
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 [
4065 [
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[
4069 (7).
4070 [
4071 completion by the parties.
4072 [
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[
4076 [
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. [
4079
4080
4081
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 [
4085
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 [
4092 educational course under this section.
4093 [
4094 (a) adopt a program to evaluate the effectiveness of the mandatory educational course[
4095
4096 (b) provide progress reports to the Judiciary Interim Committee if requested.
4097 Section 118. Section 81-4-201 is enacted to read:
4098
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 [
4107 [
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 [
4114 [
4115 provide for and suitably maintain [
4116 [
4117
4118 deserts, neglects or refuses to provide support to the married individual; or
4119 [
4120
4121
4122
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 [
4128 respondent to pay a sum as provided in Section [
4129 Section 120. Section 81-4-203, which is renumbered from Section 30-4-2 is
4130 renumbered and amended to read:
4131 [
4132 [
4133
4134
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 [
4142 debt division -- Support payments.
4143 (1) [
4144 by order or decree:
4145 (a) provide for the care, custody, and maintenance of [
4146 of the parties [
4147
4148 (b) (i) provide for support of [
4149 minor child remaining with that spouse;
4150 (ii) provide how and when support payments [
4151 (iii) provide that [
4152 secure payment of the support or maintenance obligation;
4153 (c) award to [
4154 other spouse or acquired by the spouses during the marriage; [
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 [
4163 [
4164
4165 [
4166
4167
4168 [
4169 (2) [
4170 [
4171 (a) by sale of any property of the spouse [
4172 (b) by contempt proceedings [
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[
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 [
4180 this part is valid only during the joint lives of [
4181 Section 122. Section 81-4-205, which is renumbered from Section 30-4-4 is
4182 renumbered and amended to read:
4183 [
4184 [
4185 (1) At the time of the filing of a petition described in Section 81-4-202, or at any time
4186 subsequent [
4187 court, and file with the county recorder of any county in the state in which the [
4188 party may own real estate, an order enjoining and restraining the [
4189 disposing of or encumbering the [
4190 the real estate.
4191 (2) The party shall describe the real estate with reasonable certainty[
4192
4193
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 [
4201 [
4202
4203
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
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 [
4217 [
4218 causes existing at the time of the marriage:
4219 [
4220 (1) when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity
4221 of Marriage; or
4222 (2) [
4223 Section 126. Section 81-4-303, which is renumbered from Section 30-1-17 is
4224 renumbered and amended to read:
4225 [
4226 of marriage.
4227 (1) (a) When there is doubt as to the validity of a marriage, [
4228
4229 petition for annulment to demand avoidance or affirmance of the marriage[
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, [
4232
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) [
4250
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
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 [
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[
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) [
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) [
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 [
4324 divorce proceeding -- Investigation.
4325 (1) When[
4326
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 [
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) [
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 [
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 [
4342 [
4343
4344 [
4345
4346
4347
4348
4349
4350 [
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 [
4364 a decree of separate maintenance of any state for three consecutive years without cohabitation.
4365 [
4366 liability of either party under any provision for separate maintenance previously granted.
4367 [
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 [
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 [
4379 (ii) the county attorney for the county where the action is prosecuted.
4380 [
4381 (i) investigate the merits of the case [
4382 (ii) if the respondent resides out of this state, take depositions as necessary[
4383 (iii) attend the proceedings[
4384 (iv) make a defense as is just to protect the rights of the respondent and the interests of
4385 the state.
4386 [
4387
4388
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[
4392 (ii) have an examination of the respondent by two or more competent physicians[
4393 determine the mental condition of the respondent.
4394 (f) For [
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 [
4398
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
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
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
4567
4568 [
4569 As used in this chapter:
4570 [
4571
4572 [
4573 Department of Health and Human Services.
4574 [
4575
4576
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 [
4587
4588
4589 [
4590
4591 (7) "Child" means:
4592 (a) a son or daughter [
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 [
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[
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 [
4608 order [
4609
4610
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 [
4615
4616 Support Act.
4617 (11) "Child support tables" means the tables described in Part 3, Child Support Tables.
4618 [
4619
4620 [
4621 [
4622
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 [
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 [
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 [
4648
4649
4650 (17) "Low income table" means the appropriate table under Section 81-6-303 or
4651 81-6-305.
4652 [
4653 costs.
4654 (19) "Minor child" means a child who is younger than 18 years old.
4655 [
4656 comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of
4657 child support or public assistance.
4658 [
4659 [
4660 Health and Human Services.
4661 [
4662 [
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; [
4668 (b) minus any portion of the amount described in Subsection [
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 [
4672 of the children.
4673 [
4674 the District of Columbia, the Commonwealth of Puerto Rico, Native American [
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 [
4683 months in duration.
4684 [
4685
4686 [
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 [
4690 [
4691 costs for up to a full-time work week or training schedule as necessitated by the employment or
4692 training of a parent [
4693 [
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 [
4702 Appeals.
4703 [
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 [
4711 Support follows the child.
4712 (1) (a) Every child is presumed to be in need of the support of the [
4713
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 [
4718 court order under Section 81-6-208:
4719 (a) [
4720 medical and dental expenses[
4721 parents, regardless of the marital status of the parents[
4722 (b) [
4723 the expenses described in Subsection (2)(a) incurred on behalf of [
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 [
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 [
4759
4760 [
4761
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 [
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 [
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 [
4774 [
4775 obligor.
4776 (2) (a) The office may proceed pursuant to this [
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 [
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 [
4790 stipulation to the court, without complying with Subsection [
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 [
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[
4806 (iii) (A) If notice is not given in accordance with this Subsection [
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 [
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, [
4813
4814 (d) A copy of [
4815 of service, shall be filed with the court.
4816 (e) The office shall be represented as provided in Subsection [
4817 [
4818
4819
4820 Section 144. Section 81-6-107, which is renumbered from Section 78B-12-201 is
4821 renumbered and amended to read:
4822 [
4823 Documentation.
4824 (1) In any matter in which child support is ordered, the moving party shall submit:
4825 (a) a completed [
4826 (b) the financial verification required by [
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 [
4833
4834 (b) [
4835
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 [
4843 (ii) update that information as changes occur with the court that conducted the
4844 proceeding.
4845 [
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 [
4850 [
4851 [
4852
4853
4854 Section 145. Section 81-6-108, which is renumbered from Section 78B-12-109 is
4855 renumbered and amended to read:
4856 [
4857 (1) Waiver and estoppel shall apply only to the [
4858 no order already established by a tribunal if the [
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) [
4863 action, may not rely on statements made by the [
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 [
4869 [
4870 (1) A law attaching a privilege against the disclosure of communications between
4871 [
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 [
4877 (1) The county attorney's office shall provide assistance to an obligee desiring to
4878 proceed under this [
4879 (a) provide forms, approved by the Judicial Council [
4880 assignment if the obligee is not represented by legal counsel;
4881 (b) inform the obligee of the right to file [
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
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 [
4894 Application of child support guidelines -- Requirements for child support order.
4895 [
4896
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 [
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 [
4910 guidelines are presumed to be correct, unless [
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, [
4917 deviated order.
4918 (4) The following [
4919 guidelines, if:
4920 (a) the order includes a written finding that [
4921 support guidelines;
4922 (b) the [
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 [
4927 (5) If the amount in the order and the amount on the [
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 [
4945 who live in the home of that parent and are not children in common to both parties [
4946
4947 either party, may take into account the children under the child support guidelines in setting a
4948 base child support award[
4949 (b) Additional worksheets shall be prepared that [
4950 support award of the respective parents for the additional children.
4951 (c) [
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 [
4954 Subsection (7)(a).
4955 [
4956
4957
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 [
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 [
4989
4990
4991 [
4992
4993 [
4994
4995 [
4996
4997 [
4998 [
4999 [
5000
5001 [
5002
5003 [
5004
5005
5006
5007 [
5008
5009 [
5010 [
5011 [
5012 [
5013 [
5014 [
5015
5016 [
5017
5018 [
5019 [
5020
5021
5022 [
5023
5024 [
5025 [
5026 [
5027
5028 Section 150. Section 81-6-203, which is renumbered from Section 78B-12-203 is
5029 renumbered and amended to read:
5030 [
5031 Imputing income to a parent.
5032 [
5033
5034
5035
5036
5037
5038
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 [
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 [
5065 [
5066
5067 [
5068
5069
5070 [
5071 (4) [
5072
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) [
5079 business [
5080 parent to satisfy a child support award[
5081 (iii) [
5082 at a reasonable level [
5083 (b) Gross income determined under this Subsection (4) may differ from the amount of
5084 business income determined for tax purposes.
5085 [
5086
5087 [
5088
5089
5090
5091
5092 [
5093
5094 [
5095
5096 [
5097 [
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 [
5105
5106 evidentiary basis for the imputation.
5107 (b) If income is imputed to a parent, [
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, [
5122
5123 at the federal minimum wage for a 40-hour work week.
5124 (d) To impute a greater or lesser income, the [
5125
5126 specific findings of fact as to the evidentiary basis for the imputation.
5127 [
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 [
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 [
5155
5156
5157 [
5158
5159
5160
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 [
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 [
5321 modified in this state on or after May 3, 2023, shall require compliance with the requirements
5322 described in Subsection [
5323 [
5324 (a) [
5325 expenses of a child;
5326 (b) [
5327 a child if health insurance is available to the parents at a reasonable cost;
5328 (c) [
5329 which health[
5330
5331
5332 (d) [
5333 premium actually paid by a parent for the child's portion of health insurance; and
5334 (e) [
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 [
5338 Subsection [
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 [
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 [
5349 requirements described in Subsection [
5350 (a) the parents are nonetheless subject to the requirements described in Subsection [
5351 (3), as applicable; and
5352 (b) for purposes of Subsection [
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 [
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 [
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 [
5390 provide verification of coverage to the other parent, or to the [
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 [
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 [
5399 cost and payment of medical expenses to the other parent within 30 days of payment.
5400 [
5401 deny a parent incurring medical expenses [
5402 expenses or to recover the other parent's share of the expenses if that parent fails to comply
5403 with [
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 [
5422 child care costs and expenses -- Actual expenses for child care.
5423 [
5424
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 [
5428 the parent's share on a monthly basis immediately upon presentation of proof of the child care
5429 expense[
5430 (b) If the child care expense ceases to be incurred, [
5431 making monthly payment of that expense, while [
5432 obtaining a modification of the child support order.
5433 [
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 [
5440 (3) [
5441 parent incurring child care 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 [
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 [
5466 (1) [
5467 awarded the right to claim a child [
5468 state income tax purposes.
5469 (2) Unless the parties otherwise stipulate in writing, the court [
5470
5471 [
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 [
5477 may not award any exemption to [
5478 parent if the parent is not current in the parent's child support obligation[
5479 (b) If a parent is not current in the parent's child support obligation under Subsection
5480 (4)(a), the court [
5481 other parent.
5482 [
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 [
5487 (1) The base child support award [
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[
5493 of any 30 consecutive days of extended parent-time.
5494 (2) If the [
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 [
5497
5498 (3) [
5499 custodial parent [
5500 (4) For cases receiving [
5501
5502
5503
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, [
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 [
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 [
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 [
5526
5527
5528
5529
5530
5531
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 [
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 [
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 [
5626 -- Accounting.
5627 (1) The court or administrative agency [
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 [
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
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 [
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 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 5654 | From | To | ||||||
| 5655 | 726 - | 750 | 138 | 245 | 286 | 319 | 351 | 382 |
| 5656 | 751 - | 775 | 141 | 252 | 294 | 328 | 360 | 392 |
| 5657 | 776 - | 800 | 146 | 259 | 301 | 336 | 370 | 402 |
| 5658 | 801 - | 825 | 151 | 265 | 309 | 345 | 379 | 412 |
| 5659 | 826 - | 850 | 155 | 272 | 317 | 353 | 389 | 423 |
| 5660 | 851 - | 875 | 160 | 279 | 324 | 362 | 398 | 433 |
| 5661 | 876 - | 900 | 165 | 285 | 332 | 370 | 407 | 443 |
| 5662 | 901 - | 925 | 169 | 292 | 340 | 379 | 417 | 453 |
| 5663 | 926 - | 950 | 174 | 299 | 348 | 387 | 426 | 464 |
| 5664 | 951 - | 975 | 179 | 305 | 355 | 396 | 436 | 474 |
| 5665 | 976 - | 1,000 | 183 | 312 | 363 | 405 | 445 | 484 |
| 5666 | 1,001 - | 1,050 | 193 | 322 | 374 | 417 | 459 | 500 |
| 5667 | 1,051 - | 1,100 | 201 | 335 | 390 | 435 | 478 | 520 |
| 5668 | 1,101 - | 1,150 | 210 | 348 | 405 | 452 | 497 | 541 |
| 5669 | 1,151 - | 1,200 | 220 | 362 | 420 | 469 | 516 | 561 |
| 5670 | 1,201 - | 1,250 | 229 | 375 | 436 | 486 | 535 | 582 |
| 5671 | 1,251 - | 1,300 | 238 | 388 | 451 | 503 | 553 | 602 |
| 5672 | 1,301 - | 1,350 | 248 | 401 | 467 | 520 | 572 | 623 |
| 5673 | 1,351 - | 1,400 | 256 | 414 | 481 | 536 | 590 | 642 |
| 5674 | 1,401 - | 1,450 | 265 | 426 | 495 | 552 | 607 | 661 |
| 5675 | 1,451 - | 1,500 | 275 | 438 | 510 | 568 | 625 | 680 |
| 5676 | 1,501 - | 1,550 | 284 | 451 | 524 | 584 | 643 | 699 |
| 5677 | 1,551 - | 1,600 | 293 | 463 | 538 | 600 | 660 | 718 |
| 5678 | 1,601 - | 1,650 | 303 | 476 | 553 | 616 | 678 | 737 |
| 5679 | 1,651 - | 1,700 | 311 | 488 | 567 | 632 | 695 | 757 |
| 5680 | 1,701 - | 1,750 | 320 | 500 | 581 | 648 | 713 | 776 |
| 5681 | 1,751 - | 1,800 | 330 | 513 | 596 | 664 | 731 | 795 |
| 5682 | 1,801 - | 1,850 | 339 | 525 | 610 | 680 | 748 | 814 |
| 5683 | 1,851 - | 1,900 | 348 | 538 | 624 | 696 | 766 | 833 |
| 5684 | 1,901 - | 1,950 | 358 | 550 | 638 | 712 | 783 | 852 |
| 5685 | 1,951 - | 2,000 | 366 | 562 | 652 | 727 | 800 | 870 |
| 5686 | 2,001 - | 2,100 | 385 | 580 | 673 | 750 | 825 | 898 |
| 5687 | 2,101 - | 2,200 | 399 | 604 | 701 | 781 | 859 | 935 |
| 5688 | 2,201 - | 2,300 | 410 | 628 | 728 | 812 | 893 | 972 |
| 5689 | 2,301 - | 2,400 | 420 | 652 | 756 | 843 | 927 | 1,009 |
| 5690 | 2,401 - | 2,500 | 431 | 676 | 784 | 874 | 961 | 1,046 |
| 5691 | 2,501 - | 2,600 | 443 | 700 | 811 | 904 | 995 | 1,082 |
| 5692 | 2,601 - | 2,700 | 453 | 723 | 838 | 934 | 1,028 | 1,118 |
| 5693 | 2,701 - | 2,800 | 464 | 747 | 865 | 964 | 1,060 | 1,154 |
| 5694 | 2,801 - | 2,900 | 475 | 770 | 891 | 994 | 1,093 | 1,189 |
| 5695 | 2,901 - | 3,000 | 485 | 794 | 918 | 1,024 | 1,126 | 1,225 |
| 5696 | 3,001 - | 3,100 | 496 | 817 | 945 | 1,054 | 1,159 | 1,261 |
| 5697 | 3,101 - | 3,200 | 508 | 838 | 970 | 1,081 | 1,189 | 1,294 |
| 5698 | 3,201 - | 3,300 | 518 | 859 | 994 | 1,108 | 1,219 | 1,326 |
| 5699 | 3,301 - | 3,400 | 529 | 881 | 1,018 | 1,135 | 1,248 | 1,358 |
| 5700 | 3,401 - | 3,500 | 539 | 902 | 1,042 | 1,162 | 1,278 | 1,391 |
| 5701 | 3,501 - | 3,600 | 548 | 923 | 1,066 | 1,189 | 1,308 | 1,423 |
| 5702 | 3,601 - | 3,700 | 555 | 944 | 1,090 | 1,216 | 1,337 | 1,455 |
| 5703 | 3,701 - | 3,800 | 564 | 965 | 1,115 | 1,243 | 1,367 | 1,487 |
| 5704 | 3,801 - | 3,900 | 573 | 985 | 1,138 | 1,269 | 1,396 | 1,519 |
| 5705 | 3,901 - | 4,000 | 581 | 1,004 | 1,160 | 1,294 | 1,423 | 1,548 |
| 5706 | 4,001 - | 4,100 | 590 | 1,024 | 1,182 | 1,318 | 1,450 | 1,577 |
| 5707 | 4,101 - | 4,200 | 599 | 1,043 | 1,204 | 1,342 | 1,477 | 1,607 |
| 5708 | 4,201 - | 4,300 | 608 | 1,062 | 1,226 | 1,367 | 1,503 | 1,636 |
| 5709 | 4,301 - | 4,400 | 616 | 1,081 | 1,248 | 1,391 | 1,530 | 1,665 |
| 5710 | 4,401 - | 4,500 | 624 | 1,101 | 1,270 | 1,416 | 1,557 | 1,694 |
| 5711 | 4,501 - | 4,600 | 633 | 1,119 | 1,291 | 1,439 | 1,583 | 1,722 |
| 5712 | 4,601 - | 4,700 | 641 | 1,133 | 1,306 | 1,456 | 1,601 | 1,742 |
| 5713 | 4,701 - | 4,800 | 650 | 1,147 | 1,321 | 1,473 | 1,620 | 1,762 |
| 5714 | 4,801 - | 4,900 | 659 | 1,161 | 1,336 | 1,489 | 1,638 | 1,783 |
| 5715 | 4,901 - | 5,000 | 668 | 1,175 | 1,351 | 1,506 | 1,657 | 1,803 |
| 5716 | 5,001 - | 5,100 | 676 | 1,189 | 1,366 | 1,523 | 1,675 | 1,823 |
| 5717 | 5,101 - | 5,200 | 684 | 1,203 | 1,381 | 1,540 | 1,694 | 1,843 |
| 5718 | 5,201 - | 5,300 | 693 | 1,217 | 1,396 | 1,557 | 1,712 | 1,863 |
| 5719 | 5,301 - | 5,400 | 701 | 1,227 | 1,408 | 1,570 | 1,726 | 1,878 |
| 5720 | 5,401 - | 5,500 | 710 | 1,238 | 1,419 | 1,582 | 1,741 | 1,894 |
| 5721 | 5,501 - | 5,600 | 719 | 1,248 | 1,431 | 1,595 | 1,755 | 1,909 |
| 5722 | 5,601 - | 5,700 | 728 | 1,259 | 1,442 | 1,608 | 1,769 | 1,925 |
| 5723 | 5,701 - | 5,800 | 733 | 1,269 | 1,454 | 1,621 | 1,783 | 1,940 |
| 5724 | 5,801 - | 5,900 | 739 | 1,280 | 1,465 | 1,634 | 1,797 | 1,956 |
| 5725 | 5,901 - | 6,000 | 745 | 1,290 | 1,477 | 1,647 | 1,812 | 1,971 |
| 5726 | 6,001 - | 6,100 | 751 | 1,302 | 1,490 | 1,661 | 1,827 | 1,988 |
| 5727 | 6,101 - | 6,200 | 756 | 1,313 | 1,503 | 1,676 | 1,843 | 2,005 |
| 5728 | 6,201 - | 6,300 | 763 | 1,325 | 1,516 | 1,690 | 1,859 | 2,023 |
| 5729 | 6,301 - | 6,400 | 769 | 1,336 | 1,528 | 1,704 | 1,874 | 2,039 |
| 5730 | 6,401 - | 6,500 | 775 | 1,347 | 1,540 | 1,717 | 1,889 | 2,055 |
| 5731 | 6,501 - | 6,600 | 780 | 1,358 | 1,553 | 1,731 | 1,904 | 2,072 |
| 5732 | 6,601 - | 6,700 | 786 | 1,369 | 1,565 | 1,745 | 1,919 | 2,088 |
| 5733 | 6,701 - | 6,800 | 786 | 1,380 | 1,577 | 1,759 | 1,934 | 2,105 |
| 5734 | 6,801 - | 6,900 | 841 | 1,391 | 1,590 | 1,772 | 1,950 | 2,121 |
| 5735 | 6,901 - | 7,000 | 850 | 1,402 | 1,602 | 1,786 | 1,965 | 2,138 |
| 5736 | 7,001 - | 7,100 | 859 | 1,413 | 1,614 | 1,800 | 1,980 | 2,154 |
| 5737 | 7,101 - | 7,200 | 868 | 1,417 | 1,618 | 1,804 | 1,985 | 2,159 |
| 5738 | 7,201 - | 7,300 | 876 | 1,420 | 1,621 | 1,807 | 1,988 | 2,163 |
| 5739 | 7,301 - | 7,400 | 883 | 1,423 | 1,624 | 1,811 | 1,992 | 2,167 |
| 5740 | 7,401 - | 7,500 | 888 | 1,426 | 1,627 | 1,814 | 1,996 | 2,171 |
| 5741 | 7,501 - | 7,600 | 894 | 1,429 | 1,630 | 1,818 | 1,999 | 2,175 |
| 5742 | 7,601 - | 7,700 | 899 | 1,432 | 1,633 | 1,821 | 2,003 | 2,179 |
| 5743 | 7,701 - | 7,800 | 904 | 1,436 | 1,636 | 1,824 | 2,007 | 2,184 |
| 5744 | 7,801 - | 7,900 | 910 | 1,439 | 1,639 | 1,828 | 2,011 | 2,188 |
| 5745 | 7,901 - | 8,000 | 915 | 1,442 | 1,642 | 1,831 | 2,014 | 2,192 |
| 5746 | 8,001 - | 8,100 | 921 | 1,445 | 1,646 | 1,835 | 2,018 | 2,196 |
| 5747 | 8,101 - | 8,200 | 926 | 1,448 | 1,649 | 1,838 | 2,022 | 2,200 |
| 5748 | 8,201 - | 8,300 | 933 | 1,451 | 1,652 | 1,842 | 2,026 | 2,204 |
| 5749 | 8,301 - | 8,400 | 938 | 1,454 | 1,655 | 1,845 | 2,029 | 2,208 |
| 5750 | 8,401 - | 8,500 | 944 | 1,460 | 1,661 | 1,852 | 2,037 | 2,216 |
| 5751 | 8,501 - | 8,600 | 949 | 1,475 | 1,678 | 1,871 | 2,058 | 2,240 |
| 5752 | 8,601 - | 8,700 | 954 | 1,491 | 1,696 | 1,891 | 2,080 | 2,263 |
| 5753 | 8,701 - | 8,800 | 960 | 1,506 | 1,714 | 1,911 | 2,102 | 2,287 |
| 5754 | 8,801 - | 8,900 | 965 | 1,522 | 1,732 | 1,931 | 2,124 | 2,311 |
| 5755 | 8,901 - | 9,000 | 971 | 1,537 | 1,749 | 1,951 | 2,146 | 2,334 |
| 5756 | 9,001 - | 9,100 | 976 | 1,553 | 1,767 | 1,970 | 2,167 | 2,358 |
| 5757 | 9,101 - | 9,200 | 983 | 1,568 | 1,785 | 1,990 | 2,189 | 2,382 |
| 5758 | 9,201 - | 9,300 | 988 | 1,584 | 1,803 | 2,010 | 2,211 | 2,405 |
| 5759 | 9,301 - | 9,400 | 994 | 1,599 | 1,820 | 2,030 | 2,233 | 2,429 |
| 5760 | 9,401 - | 9,500 | 999 | 1,614 | 1,838 | 2,049 | 2,254 | 2,453 |
| 5761 | 9,501 - | 9,600 | 1,004 | 1,630 | 1,856 | 2,069 | 2,276 | 2,477 |
| 5762 | 9,601 - | 9,700 | 1,010 | 1,645 | 1,874 | 2,089 | 2,298 | 2,500 |
| 5763 | 9,701 - | 9,800 | 1,015 | 1,661 | 1,891 | 2,109 | 2,320 | 2,524 |
| 5764 | 9,801 - | 9,900 | 1,021 | 1,673 | 1,905 | 2,124 | 2,336 | 2,542 |
| 5765 | 9,901 - | 10,000 | 1,026 | 1,683 | 1,917 | 2,137 | 2,351 | 2,557 |
| 5766 | 10,001 - | 10,100 | 1,033 | 1,694 | 1,928 | 2,150 | 2,365 | 2,573 |
| 5767 | 10,101 - | 10,200 | 1,039 | 1,704 | 1,940 | 2,163 | 2,379 | 2,589 |
| 5768 | 10,201 - | 10,300 | 1,045 | 1,715 | 1,951 | 2,176 | 2,394 | 2,604 |
| 5769 | 10,301 - | 10,400 | 1,051 | 1,725 | 1,963 | 2,189 | 2,408 | 2,620 |
| 5770 | 10,401 - | 10,500 | 1,058 | 1,736 | 1,975 | 2,202 | 2,422 | 2,635 |
| 5771 | 10,501 - | 10,600 | 1,064 | 1,746 | 1,986 | 2,215 | 2,436 | 2,651 |
| 5772 | 10,601 - | 10,700 | 1,070 | 1,757 | 1,998 | 2,228 | 2,451 | 2,666 |
| 5773 | 10,701 - | 10,800 | 1,077 | 1,767 | 2,010 | 2,241 | 2,465 | 2,682 |
| 5774 | 10,801 - | 10,900 | 1,083 | 1,778 | 2,021 | 2,254 | 2,479 | 2,697 |
| 5775 | 10,901 - | 11,000 | 1,090 | 1,788 | 2,033 | 2,267 | 2,494 | 2,713 |
| 5776 | 11,001 - | 11,100 | 1,096 | 1,799 | 2,045 | 2,280 | 2,508 | 2,729 |
| 5777 | 11,101 - | 11,200 | 1,103 | 1,809 | 2,056 | 2,293 | 2,522 | 2,744 |
| 5778 | 11,201 - | 11,300 | 1,109 | 1,820 | 2,068 | 2,306 | 2,537 | 2,760 |
| 5779 | 11,301 - | 11,400 | 1,116 | 1,830 | 2,080 | 2,319 | 2,551 | 2,775 |
| 5780 | 11,401 - | 11,500 | 1,123 | 1,841 | 2,091 | 2,332 | 2,565 | 2,791 |
| 5781 | 11,501 - | 11,600 | 1,129 | 1,851 | 2,103 | 2,345 | 2,579 | 2,806 |
| 5782 | 11,601 - | 11,700 | 1,136 | 1,862 | 2,115 | 2,358 | 2,594 | 2,822 |
| 5783 | 11,701 - | 11,800 | 1,143 | 1,872 | 2,126 | 2,371 | 2,608 | 2,838 |
| 5784 | 11,801 - | 11,900 | 1,150 | 1,882 | 2,138 | 2,383 | 2,622 | 2,852 |
| 5785 | 11,901 - | 12,000 | 1,157 | 1,892 | 2,148 | 2,395 | 2,635 | 2,867 |
| 5786 | 12,001 - | 12,100 | 1,164 | 1,901 | 2,159 | 2,407 | 2,648 | 2,881 |
| 5787 | 12,101 - | 12,200 | 1,171 | 1,910 | 2,170 | 2,419 | 2,661 | 2,895 |
| 5788 | 12,201 - | 12,300 | 1,178 | 1,919 | 2,180 | 2,431 | 2,674 | 2,910 |
| 5789 | 12,301 - | 12,400 | 1,185 | 1,929 | 2,191 | 2,443 | 2,687 | 2,924 |
| 5790 | 12,401 - | 12,500 | 1,192 | 1,938 | 2,202 | 2,455 | 2,700 | 2,938 |
| 5791 | 12,501 - | 12,600 | 1,199 | 1,947 | 2,212 | 2,467 | 2,714 | 2,952 |
| 5792 | 12,601 - | 12,700 | 1,206 | 1,956 | 2,223 | 2,479 | 2,727 | 2,967 |
| 5793 | 12,701 - | 12,800 | 1,213 | 1,966 | 2,234 | 2,491 | 2,740 | 2,981 |
| 5794 | 12,801 - | 12,900 | 1,220 | 1,975 | 2,245 | 2,503 | 2,753 | 2,995 |
| 5795 | 12,901 - | 13,000 | 1,227 | 1,984 | 2,255 | 2,514 | 2,766 | 3,009 |
| 5796 | 13,001 - | 13,100 | 1,233 | 1,993 | 2,265 | 2,525 | 2,778 | 3,022 |
| 5797 | 13,101 - | 13,200 | 1,239 | 2,001 | 2,275 | 2,536 | 2,790 | 3,035 |
| 5798 | 13,201 - | 13,300 | 1,245 | 2,010 | 2,285 | 2,547 | 2,802 | 3,049 |
| 5799 | 13,301 - | 13,400 | 1,250 | 2,018 | 2,294 | 2,558 | 2,814 | 3,062 |
| 5800 | 13,401 - | 13,500 | 1,256 | 2,027 | 2,304 | 2,569 | 2,826 | 3,075 |
| 5801 | 13,501 - | 13,600 | 1,262 | 2,035 | 2,314 | 2,580 | 2,838 | 3,088 |
| 5802 | 13,601 - | 13,700 | 1,267 | 2,044 | 2,324 | 2,591 | 2,850 | 3,101 |
| 5803 | 13,701 - | 13,800 | 1,273 | 2,052 | 2,334 | 2,602 | 2,862 | 3,114 |
| 5804 | 13,801 - | 13,900 | 1,279 | 2,061 | 2,344 | 2,613 | 2,875 | 3,127 |
| 5805 | 13,901 - | 14,000 | 1,284 | 2,069 | 2,354 | 2,624 | 2,887 | 3,141 |
| 5806 | 14,001 - | 14,100 | 1,290 | 2,078 | 2,363 | 2,635 | 2,899 | 3,154 |
| 5807 | 14,101 - | 14,200 | 1,296 | 2,087 | 2,373 | 2,646 | 2,911 | 3,167 |
| 5808 | 14,201 - | 14,300 | 1,301 | 2,095 | 2,383 | 2,657 | 2,923 | 3,180 |
| 5809 | 14,301 - | 14,400 | 1,306 | 2,104 | 2,393 | 2,668 | 2,935 | 3,193 |
| 5810 | 14,401 - | 14,500 | 1,312 | 2,112 | 2,403 | 2,679 | 2,947 | 3,206 |
| 5811 | 14,501 - | 14,600 | 1,317 | 2,121 | 2,413 | 2,690 | 2,959 | 3,220 |
| 5812 | 14,601 - | 14,700 | 1,323 | 2,129 | 2,423 | 2,701 | 2,971 | 3,233 |
| 5813 | 14,701 - | 14,800 | 1,329 | 2,138 | 2,432 | 2,712 | 2,983 | 3,246 |
| 5814 | 14,801 - | 14,900 | 1,334 | 2,146 | 2,442 | 2,723 | 2,995 | 3,259 |
| 5815 | 14,901 - | 15,000 | 1,340 | 2,155 | 2,452 | 2,734 | 3,008 | 3,272 |
| 5816 | 15,001 - | 15,100 | 1,345 | 2,163 | 2,461 | 2,744 | 3,018 | 3,284 |
| 5817 | 15,101 - | 15,200 | 1,351 | 2,170 | 2,469 | 2,752 | 3,028 | 3,294 |
| 5818 | 15,201 - | 15,300 | 1,357 | 2,177 | 2,476 | 2,761 | 3,037 | 3,304 |
| 5819 | 15,301 - | 15,400 | 1,362 | 2,184 | 2,484 | 2,769 | 3,046 | 3,314 |
| 5820 | 15,401 - | 15,500 | 1,368 | 2,191 | 2,491 | 2,778 | 3,056 | 3,325 |
| 5821 | 15,501 - | 15,600 | 1,373 | 2,198 | 2,499 | 2,786 | 3,065 | 3,335 |
| 5822 | 15,601 - | 15,700 | 1,379 | 2,205 | 2,507 | 2,795 | 3,074 | 3,345 |
| 5823 | 15,701 - | 15,800 | 1,384 | 2,211 | 2,514 | 2,803 | 3,084 | 3,355 |
| 5824 | 15,801 - | 15,900 | 1,390 | 2,218 | 2,522 | 2,812 | 3,093 | 3,365 |
| 5825 | 15,901 - | 16,000 | 1,395 | 2,225 | 2,529 | 2,820 | 3,102 | 3,375 |
| 5826 | 16,001 - | 16,100 | 1,401 | 2,232 | 2,537 | 2,829 | 3,112 | 3,385 |
| 5827 | 16,101 - | 16,200 | 1,407 | 2,239 | 2,545 | 2,837 | 3,121 | 3,396 |
| 5828 | 16,201 - | 16,300 | 1,412 | 2,246 | 2,552 | 2,846 | 3,130 | 3,406 |
| 5829 | 16,301 - | 16,400 | 1,418 | 2,253 | 2,560 | 2,854 | 3,140 | 3,416 |
| 5830 | 16,401 - | 16,500 | 1,423 | 2,260 | 2,567 | 2,863 | 3,149 | 3,426 |
| 5831 | 16,501 - | 16,600 | 1,429 | 2,267 | 2,575 | 2,871 | 3,158 | 3,436 |
| 5832 | 16,601 - | 16,700 | 1,434 | 2,274 | 2,583 | 2,880 | 3,168 | 3,446 |
| 5833 | 16,701 - | 16,800 | 1,440 | 2,281 | 2,590 | 2,888 | 3,177 | 3,457 |
| 5834 | 16,801 - | 16,900 | 1,445 | 2,288 | 2,598 | 2,897 | 3,186 | 3,467 |
| 5835 | 16,901 - | 17,000 | 1,451 | 2,295 | 2,605 | 2,905 | 3,196 | 3,477 |
| 5836 | 17,001 - | 17,100 | 1,456 | 2,302 | 2,613 | 2,914 | 3,205 | 3,487 |
| 5837 | 17,101 - | 17,200 | 1,462 | 2,309 | 2,621 | 2,922 | 3,214 | 3,497 |
| 5838 | 17,201 - | 17,300 | 1,467 | 2,316 | 2,628 | 2,931 | 3,224 | 3,507 |
| 5839 | 17,301 - | 17,400 | 1,473 | 2,323 | 2,636 | 2,939 | 3,233 | 3,517 |
| 5840 | 17,401 - | 17,500 | 1,478 | 2,330 | 2,643 | 2,947 | 3,242 | 3,528 |
| 5841 | 17,501 - | 17,600 | 1,483 | 2,337 | 2,651 | 2,956 | 3,252 | 3,538 |
| 5842 | 17,601 - | 17,700 | 1,489 | 2,344 | 2,659 | 2,964 | 3,261 | 3,548 |
| 5843 | 17,701 - | 17,800 | 1,494 | 2,351 | 2,666 | 2,973 | 3,270 | 3,558 |
| 5844 | 17,801 - | 17,900 | 1,499 | 2,358 | 2,674 | 2,981 | 3,280 | 3,568 |
| 5845 | 17,901 - | 18,000 | 1,505 | 2,365 | 2,682 | 2,990 | 3,289 | 3,578 |
| 5846 | 18,001 - | 18,100 | 1,510 | 2,372 | 2,689 | 2,998 | 3,298 | 3,588 |
| 5847 | 18,101 - | 18,200 | 1,516 | 2,379 | 2,697 | 3,007 | 3,308 | 3,599 |
| 5848 | 18,201 - | 18,300 | 1,520 | 2,386 | 2,704 | 3,015 | 3,317 | 3,609 |
| 5849 | 18,301 - | 18,400 | 1,525 | 2,392 | 2,712 | 3,024 | 3,326 | 3,619 |
| 5850 | 18,401 - | 18,500 | 1,530 | 2,399 | 2,720 | 3,032 | 3,336 | 3,629 |
| 5851 | 18,501 - | 18,600 | 1,535 | 2,406 | 2,727 | 3,041 | 3,345 | 3,639 |
| 5852 | 18,601 - | 18,700 | 1,540 | 2,413 | 2,735 | 3,049 | 3,354 | 3,649 |
| 5853 | 18,701 - | 18,800 | 1,545 | 2,420 | 2,742 | 3,058 | 3,364 | 3,659 |
| 5854 | 18,801 - | 18,900 | 1,550 | 2,427 | 2,750 | 3,066 | 3,373 | 3,670 |
| 5855 | 18,901 - | 19,000 | 1,555 | 2,434 | 2,758 | 3,075 | 3,382 | 3,680 |
| 5856 | 19,001 - | 19,100 | 1,560 | 2,441 | 2,765 | 3,083 | 3,391 | 3,690 |
| 5857 | 19,101 - | 19,200 | 1,565 | 2,448 | 2,773 | 3,092 | 3,401 | 3,700 |
| 5858 | 19,201 - | 19,300 | 1,570 | 2,455 | 2,780 | 3,100 | 3,410 | 3,710 |
| 5859 | 19,301 - | 19,400 | 1,575 | 2,462 | 2,788 | 3,109 | 3,419 | 3,720 |
| 5860 | 19,401 - | 19,500 | 1,580 | 2,469 | 2,796 | 3,117 | 3,429 | 3,731 |
| 5861 | 19,501 - | 19,600 | 1,585 | 2,476 | 2,803 | 3,126 | 3,438 | 3,741 |
| 5862 | 19,601 - | 19,700 | 1,590 | 2,483 | 2,811 | 3,134 | 3,447 | 3,751 |
| 5863 | 19,701 - | 19,800 | 1,595 | 2,490 | 2,818 | 3,143 | 3,457 | 3,761 |
| 5864 | 19,801 - | 19,900 | 1,600 | 2,497 | 2,826 | 3,151 | 3,466 | 3,771 |
| 5865 | 19,901 - | 20,000 | 1,605 | 2,504 | 2,834 | 3,159 | 3,475 | 3,781 |
| 5866 | 20,001 - | 22,000 | 1,766 | 2,754 | 3,117 | 3,475 | 3,822 | 4,159 |
| 5867 | 22,001 - | 24,000 | 1,926 | 3,005 | 3,401 | 3,791 | 4,170 | 4,537 |
| 5868 | 24,001 - | 26,000 | 2,087 | 3,255 | 3,684 | 4,107 | 4,518 | 4,915 |
| 5869 | 26,001 - | 28,000 | 2,247 | 3,506 | 3,968 | 4,423 | 4,865 | 5,293 |
| 5870 | 28,001 - | 30,000 | 2,408 | 3,756 | 4,251 | 4,739 | 5,213 | 5,672 |
| 5871 | 30,001 - | 32,000 | 2,508 | 3,916 | 4,451 | 4,979 | 5,473 | 5,952 |
| 5872 | 32,001 - | 34,000 | 2,608 | 4,076 | 4,651 | 5,219 | 5,733 | 6,232 |
| 5873 | 34,001 - | 36,000 | 2,708 | 4,236 | 4,851 | 5,459 | 5,993 | 6,512 |
| 5874 | 36,001 - | 38,000 | 2,808 | 4,396 | 5,051 | 5,699 | 6,253 | 6,792 |
| 5875 | 38,001 - | 40,000 | 2,908 | 4,556 | 5,251 | 5,939 | 6,513 | 7,072 |
| 5876 | 40,001 - | 42,000 | 3,008 | 4,716 | 5,451 | 6,179 | 6,773 | 7,352 |
| 5877 | 42,001 - | 44,000 | 3,108 | 4,876 | 5,651 | 6,419 | 7,033 | 7,632 |
| 5878 | 44,001 - | 46,000 | 3,208 | 5,036 | 5,851 | 6,659 | 7,293 | 7,912 |
| 5879 | 46,001 - | 48,000 | 3,308 | 5,196 | 6,051 | 6,899 | 7,553 | 8,192 |
| 5880 | 48,001 - | 50,000 | 3,408 | 5,356 | 6,251 | 7,139 | 7,813 | 8,472 |
| 5881 | 50,001 - | 52,000 | 3,508 | 5,476 | 6,391 | 7,299 | 7,993 | 8,672 |
| 5882 | 52,001 - | 54,000 | 3,608 | 5,596 | 6,531 | 7,459 | 8,173 | 8,872 |
| 5883 | 54,001 - | 56,000 | 3,708 | 5,716 | 6,671 | 7,619 | 8,353 | 9,072 |
| 5884 | 56,001 - | 58,000 | 3,808 | 5,836 | 6,811 | 7,779 | 8,533 | 9,272 |
| 5885 | 58,001 - | 60,000 | 3,908 | 5,956 | 6,951 | 7,939 | 8,713 | 9,472 |
| 5886 | 60,001 - | 62,000 | 4,008 | 6,076 | 7,091 | 8,099 | 8,893 | 9,672 |
| 5887 | 62,001 - | 64,000 | 4,108 | 6,196 | 7,231 | 8,259 | 9,073 | 9,872 |
| 5888 | 64,001 - | 66,000 | 4,208 | 6,316 | 7,371 | 8,419 | 9,253 | 10,072 |
| 5889 | 66,001 - | 68,000 | 4,308 | 6,436 | 7,511 | 8,579 | 9,433 | 10,272 |
| 5890 | 68,001 - | 70,000 | 4,408 | 6,556 | 7,651 | 8,739 | 9,613 | 10,472 |
| 5891 | 70,001 - | 72,000 | 4,508 | 6,676 | 7,791 | 8,899 | 9,793 | 10,672 |
| 5892 | 72,001 - | 74,000 | 4,608 | 6,796 | 7,931 | 9,059 | 9,973 | 10,872 |
| 5893 | 74,001 - | 76,000 | 4,708 | 6,916 | 8,071 | 9,219 | 10,153 | 11,072 |
| 5894 | 76,001 - | 78,000 | 4,808 | 7,036 | 8,211 | 9,379 | 10,333 | 11,272 |
| 5895 | 78,001 - | 80,000 | 4,908 | 7,156 | 8,351 | 9,539 | 10,513 | 11,472 |
| 5896 | 80,001 - | 82,000 | 5,008 | 7,276 | 8,491 | 9,699 | 10,693 | 11,672 |
| 5897 | 82,001 - | 84,000 | 5,108 | 7,396 | 8,631 | 9,859 | 10,873 | 11,872 |
| 5898 | 84,001 - | 86,000 | 5,208 | 7,516 | 8,771 | 10,019 | 11,053 | 12,072 |
| 5899 | 86,001 - | 88,000 | 5,308 | 7,636 | 8,911 | 10,179 | 11,233 | 12,272 |
| 5900 | 88,001 - | 90,000 | 5,408 | 7,756 | 9,051 | 10,339 | 11,413 | 12,472 |
| 5901 | 90,001 - | 92,000 | 5,508 | 7,876 | 9,191 | 10,499 | 11,593 | 12,672 |
| 5902 | 92,001 - | 94,000 | 5,608 | 7,996 | 9,331 | 10,659 | 11,773 | 12,872 |
| 5903 | 94,001 - | 96,000 | 5,708 | 8,116 | 9,471 | 10,819 | 11,953 | 13,072 |
| 5904 | 96,001 - | 98,000 | 5,808 | 8,236 | 9,611 | 10,979 | 12,133 | 13,272 |
| 5905 | 98,001 - | 100,000 | 5,908 | 8,356 | 9,751 | 11,139 | 12,313 | 13,472 |
5906 Section 164. Section 81-6-303, which is renumbered from Section 78B-12-302 is
5907 renumbered and amended to read:
5908 [
5909 support orders entered before January 1, 2023.
5910 The table in this section [
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 | Number of Children | |||||||
| 5920 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 5921 | From | |||||||
| 5922 | 0 - | 649 | 30 | 30 | 30 | 30 | 30 | 30 |
| 5923 | 650 - | 675 | 30 | 30 | 30 | 30 | 31 | 31 |
| 5924 | 676 - | 700 | 58 | 60 | 60 | 61 | 61 | 62 |
| 5925 | 701 - | 725 | 88 | 88 | 90 | 91 | 92 | 92 |
| 5926 | 726 - | 750 | 117 | 118 | 119 | 120 | 122 | 123 |
| 5927 | 751 - | 775 | 148 | 149 | 151 | 153 | 155 | |
| 5928 | 776 - | 800 | 178 | 179 | 182 | 183 | 186 | |
| 5929 | 801 - | 825 | 207 | 209 | 212 | 214 | 216 | |
| 5930 | 826 - | 850 | 236 | 239 | 242 | 244 | 247 | |
| 5931 | 851 - | 875 | 266 | 269 | 272 | 275 | 278 | |
| 5932 | 876 - | 900 | 299 | 303 | 305 | 309 | ||
| 5933 | 901 - | 925 | 329 | 333 | 337 | 339 | ||
| 5934 | 926 - | 950 | 363 | 366 | 370 | |||
| 5935 | 951 - | 975 | 393 | 398 | 402 | |||
| 5936 | 976 - | 1,000 | 428 | 433 | ||||
| 5937 | 1,001 - | 1,050 | 494 | |||||
5938 Section 165. Section 81-6-304, which is renumbered from Section 78B-12-303 is
5939 renumbered and amended to read:
5940 [
5941 Both parents -- Child support orders entered on or after January 1, 2023.
5942 The following table [
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 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 5951 | From | To | ||||||
| 5952 | 1,951 - | 2,000 | 366 | |||||
| 5953 | 2,001 - | 2,100 | 385 | |||||
| 5954 | 2,101 - | 2,200 | 399 | |||||
| 5955 | 2,201 - | 2,300 | 410 | 628 | 728 | |||
| 5956 | 2,301 - | 2,400 | 420 | 652 | 756 | 843 | 927 | |
| 5957 | 2,401 - | 2,500 | 431 | 676 | 784 | 874 | 961 | 1,046 |
| 5958 | 2,501 - | 2,600 | 443 | 700 | 811 | 904 | 995 | 1,082 |
| 5959 | 2,601 - | 2,700 | 453 | 723 | 838 | 934 | 1,028 | 1,118 |
| 5960 | 2,701 - | 2,800 | 464 | 747 | 865 | 964 | 1,060 | 1,154 |
| 5961 | 2,801 - | 2,900 | 475 | 770 | 891 | 994 | 1,093 | 1,189 |
| 5962 | 2,901 - | 3,000 | 485 | 794 | 918 | 1,024 | 1,126 | 1,225 |
| 5963 | 3,001 - | 3,100 | 496 | 817 | 945 | 1,054 | 1,159 | 1,261 |
| 5964 | 3,101 - | 3,200 | 508 | 838 | 970 | 1,081 | 1,189 | 1,294 |
| 5965 | 3,201 - | 3,300 | 518 | 859 | 994 | 1,108 | 1,219 | 1,326 |
| 5966 | 3,301 - | 3,400 | 529 | 881 | 1,018 | 1,135 | 1,248 | 1,358 |
| 5967 | 3,401 - | 3,500 | 539 | 902 | 1,042 | 1,162 | 1,278 | 1,391 |
| 5968 | 3,501 - | 3,600 | 548 | 923 | 1,066 | 1,189 | 1,308 | 1,423 |
| 5969 | 3,601 - | 3,700 | 555 | 944 | 1,090 | 1,216 | 1,337 | 1,455 |
| 5970 | 3,701 - | 3,800 | 564 | 965 | 1,115 | 1,243 | 1,367 | 1,487 |
| 5971 | 3,801 - | 3,900 | 573 | 985 | 1,138 | 1,269 | 1,396 | 1,519 |
| 5972 | 3,901 - | 4,000 | 581 | 1,004 | 1,160 | 1,294 | 1,423 | 1,548 |
| 5973 | 4,001 - | 4,100 | 590 | 1,024 | 1,182 | 1,318 | 1,450 | 1,577 |
| 5974 | 4,101 - | 4,200 | 599 | 1,043 | 1,204 | 1,342 | 1,477 | 1,607 |
| 5975 | 4,201 - | 4,300 | 608 | 1,062 | 1,226 | 1,367 | 1,503 | 1,636 |
| 5976 | 4,301 - | 4,400 | 616 | 1,081 | 1,248 | 1,391 | 1,530 | 1,665 |
| 5977 | 4,401 - | 4,500 | 624 | 1,101 | 1,270 | 1,416 | 1,557 | 1,694 |
| 5978 | 4,501 - | 4,600 | 633 | 1,119 | 1,291 | 1,439 | 1,583 | 1,722 |
| 5979 | 4,601 - | 4,700 | 641 | 1,133 | 1,306 | 1,456 | 1,601 | 1,742 |
| 5980 | 4,701 - | 4,800 | 650 | 1,147 | 1,321 | 1,473 | 1,620 | 1,762 |
| 5981 | 4,801 - | 4,900 | 659 | 1,161 | 1,336 | 1,489 | 1,638 | 1,783 |
| 5982 | 4,901 - | 5,000 | 668 | 1,175 | 1,351 | 1,506 | 1,657 | 1,803 |
| 5983 | 5,001 - | 5,100 | 676 | 1,189 | 1,366 | 1,523 | 1,675 | 1,823 |
| 5984 | 5,101 - | 5,200 | 684 | 1,203 | 1,381 | 1,540 | 1,694 | 1,843 |
| 5985 | 5,201 - | 5,300 | 693 | 1,217 | 1,396 | 1,557 | 1,712 | 1,863 |
| 5986 | 5,301 - | 5,400 | 701 | 1,227 | 1,408 | 1,570 | 1,726 | 1,878 |
| 5987 | 5,401 - | 5,500 | 710 | 1,238 | 1,419 | 1,582 | 1,741 | 1,894 |
| 5988 | 5,501 - | 5,600 | 719 | 1,248 | 1,431 | 1,595 | 1,755 | 1,909 |
| 5989 | 5,601 - | 5,700 | 728 | 1,259 | 1,442 | 1,608 | 1,769 | 1,925 |
| 5990 | 5,701 - | 5,800 | 733 | 1,269 | 1,454 | 1,621 | 1,783 | 1,940 |
| 5991 | 5,801 - | 5,900 | 739 | 1,280 | 1,465 | 1,634 | 1,797 | 1,956 |
| 5992 | 5,901 - | 6,000 | 745 | 1,290 | 1,477 | 1,647 | 1,812 | 1,971 |
| 5993 | 6,001 - | 6,100 | 751 | 1,302 | 1,490 | 1,661 | 1,827 | 1,988 |
| 5994 | 6,101 - | 6,200 | 756 | 1,313 | 1,503 | 1,676 | 1,843 | 2,005 |
| 5995 | 6,201 - | 6,300 | 763 | 1,325 | 1,516 | 1,690 | 1,859 | 2,023 |
| 5996 | 6,301 - | 6,400 | 769 | 1,336 | 1,528 | 1,704 | 1,874 | 2,039 |
| 5997 | 6,401 - | 6,500 | 775 | 1,347 | 1,540 | 1,717 | 1,889 | 2,055 |
| 5998 | 6,501 - | 6,600 | 780 | 1,358 | 1,553 | 1,731 | 1,904 | 2,072 |
| 5999 | 6,601 - | 6,700 | 786 | 1,369 | 1,565 | 1,745 | 1,919 | 2,088 |
| 6000 | 6,701 - | 6,800 | 786 | 1,380 | 1,577 | 1,759 | 1,934 | 2,105 |
| 6001 | 6,801 - | 6,900 | 841 | 1,391 | 1,590 | 1,772 | 1,950 | 2,121 |
| 6002 | 6,901 - | 7,000 | 850 | 1,402 | 1,602 | 1,786 | 1,965 | 2,138 |
| 6003 | 7,001 - | 7,100 | 859 | 1,413 | 1,614 | 1,800 | 1,980 | 2,154 |
| 6004 | 7,101 - | 7,200 | 868 | 1,417 | 1,618 | 1,804 | 1,985 | 2,159 |
| 6005 | 7,201 - | 7,300 | 876 | 1,420 | 1,621 | 1,807 | 1,988 | 2,163 |
| 6006 | 7,301 - | 7,400 | 883 | 1,423 | 1,624 | 1,811 | 1,992 | 2,167 |
| 6007 | 7,401 - | 7,500 | 888 | 1,426 | 1,627 | 1,814 | 1,996 | 2,171 |
| 6008 | 7,501 - | 7,600 | 894 | 1,429 | 1,630 | 1,818 | 1,999 | 2,175 |
| 6009 | 7,601 - | 7,700 | 899 | 1,432 | 1,633 | 1,821 | 2,003 | 2,179 |
| 6010 | 7,701 - | 7,800 | 904 | 1,436 | 1,636 | 1,824 | 2,007 | 2,184 |
| 6011 | 7,801 - | 7,900 | 910 | 1,439 | 1,639 | 1,828 | 2,011 | 2,188 |
| 6012 | 7,901 - | 8,000 | 915 | 1,442 | 1,642 | 1,831 | 2,014 | 2,192 |
| 6013 | 8,001 - | 8,100 | 921 | 1,445 | 1,646 | 1,835 | 2,018 | 2,196 |
| 6014 | 8,101 - | 8,200 | 926 | 1,448 | 1,649 | 1,838 | 2,022 | 2,200 |
| 6015 | 8,201 - | 8,300 | 933 | 1,451 | 1,652 | 1,842 | 2,026 | 2,204 |
| 6016 | 8,301 - | 8,400 | 938 | 1,454 | 1,655 | 1,845 | 2,029 | 2,208 |
| 6017 | 8,401 - | 8,500 | 944 | 1,460 | 1,661 | 1,852 | 2,037 | 2,216 |
| 6018 | 8,501 - | 8,600 | 949 | 1,475 | 1,678 | 1,871 | 2,058 | 2,240 |
| 6019 | 8,601 - | 8,700 | 954 | 1,491 | 1,696 | 1,891 | 2,080 | 2,263 |
| 6020 | 8,701 - | 8,800 | 960 | 1,506 | 1,714 | 1,911 | 2,102 | 2,287 |
| 6021 | 8,801 - | 8,900 | 965 | 1,522 | 1,732 | 1,931 | 2,124 | 2,311 |
| 6022 | 8,901 - | 9,000 | 971 | 1,537 | 1,749 | 1,951 | 2,146 | 2,334 |
| 6023 | 9,001 - | 9,100 | 976 | 1,553 | 1,767 | 1,970 | 2,167 | 2,358 |
| 6024 | 9,101 - | 9,200 | 983 | 1,568 | 1,785 | 1,990 | 2,189 | 2,382 |
| 6025 | 9,201 - | 9,300 | 988 | 1,584 | 1,803 | 2,010 | 2,211 | 2,405 |
| 6026 | 9,301 - | 9,400 | 994 | 1,599 | 1,820 | 2,030 | 2,233 | 2,429 |
| 6027 | 9,401 - | 9,500 | 999 | 1,614 | 1,838 | 2,049 | 2,254 | 2,453 |
| 6028 | 9,501 - | 9,600 | 1,004 | 1,630 | 1,856 | 2,069 | 2,276 | 2,477 |
| 6029 | 9,601 - | 9,700 | 1,010 | 1,645 | 1,874 | 2,089 | 2,298 | 2,500 |
| 6030 | 9,701 - | 9,800 | 1,015 | 1,661 | 1,891 | 2,109 | 2,320 | 2,524 |
| 6031 | 9,801 - | 9,900 | 1,021 | 1,673 | 1,905 | 2,124 | 2,336 | 2,542 |
| 6032 | 9,901 - | 10,000 | 1,026 | 1,683 | 1,917 | 2,137 | 2,351 | 2,557 |
| 6033 | 10,001 - | 10,100 | 1,033 | 1,694 | 1,928 | 2,150 | 2,365 | 2,573 |
| 6034 | 10,101 - | 10,200 | 1,039 | 1,704 | 1,940 | 2,163 | 2,379 | 2,589 |
| 6035 | 10,201 - | 10,300 | 1,045 | 1,715 | 1,951 | 2,176 | 2,394 | 2,604 |
| 6036 | 10,301 - | 10,400 | 1,051 | 1,725 | 1,963 | 2,189 | 2,408 | 2,620 |
| 6037 | 10,401 - | 10,500 | 1,058 | 1,736 | 1,975 | 2,202 | 2,422 | 2,635 |
| 6038 | 10,501 - | 10,600 | 1,064 | 1,746 | 1,986 | 2,215 | 2,436 | 2,651 |
| 6039 | 10,601 - | 10,700 | 1,070 | 1,757 | 1,998 | 2,228 | 2,451 | 2,666 |
| 6040 | 10,701 - | 10,800 | 1,077 | 1,767 | 2,010 | 2,241 | 2,465 | 2,682 |
| 6041 | 10,801 - | 10,900 | 1,083 | 1,778 | 2,021 | 2,254 | 2,479 | 2,697 |
| 6042 | 10,901 - | 11,000 | 1,090 | 1,788 | 2,033 | 2,267 | 2,494 | 2,713 |
| 6043 | 11,001 - | 11,100 | 1,096 | 1,799 | 2,045 | 2,280 | 2,508 | 2,729 |
| 6044 | 11,101 - | 11,200 | 1,103 | 1,809 | 2,056 | 2,293 | 2,522 | 2,744 |
| 6045 | 11,201 - | 11,300 | 1,109 | 1,820 | 2,068 | 2,306 | 2,537 | 2,760 |
| 6046 | 11,301 - | 11,400 | 1,116 | 1,830 | 2,080 | 2,319 | 2,551 | 2,775 |
| 6047 | 11,401 - | 11,500 | 1,123 | 1,841 | 2,091 | 2,332 | 2,565 | 2,791 |
| 6048 | 11,501 - | 11,600 | 1,129 | 1,851 | 2,103 | 2,345 | 2,579 | 2,806 |
| 6049 | 11,601 - | 11,700 | 1,136 | 1,862 | 2,115 | 2,358 | 2,594 | 2,822 |
| 6050 | 11,701 - | 11,800 | 1,143 | 1,872 | 2,126 | 2,371 | 2,608 | 2,838 |
| 6051 | 11,801 - | 11,900 | 1,150 | 1,882 | 2,138 | 2,383 | 2,622 | 2,852 |
| 6052 | 11,901 - | 12,000 | 1,157 | 1,892 | 2,148 | 2,395 | 2,635 | 2,867 |
| 6053 | 12,001 - | 12,100 | 1,164 | 1,901 | 2,159 | 2,407 | 2,648 | 2,881 |
| 6054 | 12,101 - | 12,200 | 1,171 | 1,910 | 2,170 | 2,419 | 2,661 | 2,895 |
| 6055 | 12,201 - | 12,300 | 1,178 | 1,919 | 2,180 | 2,431 | 2,674 | 2,910 |
| 6056 | 12,301 - | 12,400 | 1,185 | 1,929 | 2,191 | 2,443 | 2,687 | 2,924 |
| 6057 | 12,401 - | 12,500 | 1,192 | 1,938 | 2,202 | 2,455 | 2,700 | 2,938 |
| 6058 | 12,501 - | 12,600 | 1,199 | 1,947 | 2,212 | 2,467 | 2,714 | 2,952 |
| 6059 | 12,601 - | 12,700 | 1,206 | 1,956 | 2,223 | 2,479 | 2,727 | 2,967 |
| 6060 | 12,701 - | 12,800 | 1,213 | 1,966 | 2,234 | 2,491 | 2,740 | 2,981 |
| 6061 | 12,801 - | 12,900 | 1,220 | 1,975 | 2,245 | 2,503 | 2,753 | 2,995 |
| 6062 | 12,901 - | 13,000 | 1,227 | 1,984 | 2,255 | 2,514 | 2,766 | 3,009 |
| 6063 | 13,001 - | 13,100 | 1,233 | 1,993 | 2,265 | 2,525 | 2,778 | 3,022 |
| 6064 | 13,101 - | 13,200 | 1,239 | 2,001 | 2,275 | 2,536 | 2,790 | 3,035 |
| 6065 | 13,201 - | 13,300 | 1,245 | 2,010 | 2,285 | 2,547 | 2,802 | 3,049 |
| 6066 | 13,301 - | 13,400 | 1,250 | 2,018 | 2,294 | 2,558 | 2,814 | 3,062 |
| 6067 | 13,401 - | 13,500 | 1,256 | 2,027 | 2,304 | 2,569 | 2,826 | 3,075 |
| 6068 | 13,501 - | 13,600 | 1,262 | 2,035 | 2,314 | 2,580 | 2,838 | 3,088 |
| 6069 | 13,601 - | 13,700 | 1,267 | 2,044 | 2,324 | 2,591 | 2,850 | 3,101 |
| 6070 | 13,701 - | 13,800 | 1,273 | 2,052 | 2,334 | 2,602 | 2,862 | 3,114 |
| 6071 | 13,801 - | 13,900 | 1,279 | 2,061 | 2,344 | 2,613 | 2,875 | 3,127 |
| 6072 | 13,901 - | 14,000 | 1,284 | 2,069 | 2,354 | 2,624 | 2,887 | 3,141 |
| 6073 | 14,001 - | 14,100 | 1,290 | 2,078 | 2,363 | 2,635 | 2,899 | 3,154 |
| 6074 | 14,101 - | 14,200 | 1,296 | 2,087 | 2,373 | 2,646 | 2,911 | 3,167 |
| 6075 | 14,201 - | 14,300 | 1,301 | 2,095 | 2,383 | 2,657 | 2,923 | 3,180 |
| 6076 | 14,301 - | 14,400 | 1,306 | 2,104 | 2,393 | 2,668 | 2,935 | 3,193 |
| 6077 | 14,401 - | 14,500 | 1,312 | 2,112 | 2,403 | 2,679 | 2,947 | 3,206 |
| 6078 | 14,501 - | 14,600 | 1,317 | 2,121 | 2,413 | 2,690 | 2,959 | 3,220 |
| 6079 | 14,601 - | 14,700 | 1,323 | 2,129 | 2,423 | 2,701 | 2,971 | 3,233 |
| 6080 | 14,701 - | 14,800 | 1,329 | 2,138 | 2,432 | 2,712 | 2,983 | 3,246 |
| 6081 | 14,801 - | 14,900 | 1,334 | 2,146 | 2,442 | 2,723 | 2,995 | 3,259 |
| 6082 | 14,901 - | 15,000 | 1,340 | 2,155 | 2,452 | 2,734 | 3,008 | 3,272 |
| 6083 | 15,001 - | 15,100 | 1,345 | 2,163 | 2,461 | 2,744 | 3,018 | 3,284 |
| 6084 | 15,101 - | 15,200 | 1,351 | 2,170 | 2,469 | 2,752 | 3,028 | 3,294 |
| 6085 | 15,201 - | 15,300 | 1,357 | 2,177 | 2,476 | 2,761 | 3,037 | 3,304 |
| 6086 | 15,301 - | 15,400 | 1,362 | 2,184 | 2,484 | 2,769 | 3,046 | 3,314 |
| 6087 | 15,401 - | 15,500 | 1,368 | 2,191 | 2,491 | 2,778 | 3,056 | 3,325 |
| 6088 | 15,501 - | 15,600 | 1,373 | 2,198 | 2,499 | 2,786 | 3,065 | 3,335 |
| 6089 | 15,601 - | 15,700 | 1,379 | 2,205 | 2,507 | 2,795 | 3,074 | 3,345 |
| 6090 | 15,701 - | 15,800 | 1,384 | 2,211 | 2,514 | 2,803 | 3,084 | 3,355 |
| 6091 | 15,801 - | 15,900 | 1,390 | 2,218 | 2,522 | 2,812 | 3,093 | 3,365 |
| 6092 | 15,901 - | 16,000 | 1,395 | 2,225 | 2,529 | 2,820 | 3,102 | 3,375 |
| 6093 | 16,001 - | 16,100 | 1,401 | 2,232 | 2,537 | 2,829 | 3,112 | 3,385 |
| 6094 | 16,101 - | 16,200 | 1,407 | 2,239 | 2,545 | 2,837 | 3,121 | 3,396 |
| 6095 | 16,201 - | 16,300 | 1,412 | 2,246 | 2,552 | 2,846 | 3,130 | 3,406 |
| 6096 | 16,301 - | 16,400 | 1,418 | 2,253 | 2,560 | 2,854 | 3,140 | 3,416 |
| 6097 | 16,401 - | 16,500 | 1,423 | 2,260 | 2,567 | 2,863 | 3,149 | 3,426 |
| 6098 | 16,501 - | 16,600 | 1,429 | 2,267 | 2,575 | 2,871 | 3,158 | 3,436 |
| 6099 | 16,601 - | 16,700 | 1,434 | 2,274 | 2,583 | 2,880 | 3,168 | 3,446 |
| 6100 | 16,701 - | 16,800 | 1,440 | 2,281 | 2,590 | 2,888 | 3,177 | 3,457 |
| 6101 | 16,801 - | 16,900 | 1,445 | 2,288 | 2,598 | 2,897 | 3,186 | 3,467 |
| 6102 | 16,901 - | 17,000 | 1,451 | 2,295 | 2,605 | 2,905 | 3,196 | 3,477 |
| 6103 | 17,001 - | 17,100 | 1,456 | 2,302 | 2,613 | 2,914 | 3,205 | 3,487 |
| 6104 | 17,101 - | 17,200 | 1,462 | 2,309 | 2,621 | 2,922 | 3,214 | 3,497 |
| 6105 | 17,201 - | 17,300 | 1,467 | 2,316 | 2,628 | 2,931 | 3,224 | 3,507 |
| 6106 | 17,301 - | 17,400 | 1,473 | 2,323 | 2,636 | 2,939 | 3,233 | 3,517 |
| 6107 | 17,401 - | 17,500 | 1,478 | 2,330 | 2,643 | 2,947 | 3,242 | 3,528 |
| 6108 | 17,501 - | 17,600 | 1,483 | 2,337 | 2,651 | 2,956 | 3,252 | 3,538 |
| 6109 | 17,601 - | 17,700 | 1,489 | 2,344 | 2,659 | 2,964 | 3,261 | 3,548 |
| 6110 | 17,701 - | 17,800 | 1,494 | 2,351 | 2,666 | 2,973 | 3,270 | 3,558 |
| 6111 | 17,801 - | 17,900 | 1,499 | 2,358 | 2,674 | 2,981 | 3,280 | 3,568 |
| 6112 | 17,901 - | 18,000 | 1,505 | 2,365 | 2,682 | 2,990 | 3,289 | 3,578 |
| 6113 | 18,001 - | 18,100 | 1,510 | 2,372 | 2,689 | 2,998 | 3,298 | 3,588 |
| 6114 | 18,101 - | 18,200 | 1,516 | 2,379 | 2,697 | 3,007 | 3,308 | 3,599 |
| 6115 | 18,201 - | 18,300 | 1,520 | 2,386 | 2,704 | 3,015 | 3,317 | 3,609 |
| 6116 | 18,301 - | 18,400 | 1,525 | 2,392 | 2,712 | 3,024 | 3,326 | 3,619 |
| 6117 | 18,401 - | 18,500 | 1,530 | 2,399 | 2,720 | 3,032 | 3,336 | 3,629 |
| 6118 | 18,501 - | 18,600 | 1,535 | 2,406 | 2,727 | 3,041 | 3,345 | 3,639 |
| 6119 | 18,601 - | 18,700 | 1,540 | 2,413 | 2,735 | 3,049 | 3,354 | 3,649 |
| 6120 | 18,701 - | 18,800 | 1,545 | 2,420 | 2,742 | 3,058 | 3,364 | 3,659 |
| 6121 | 18,801 - | 18,900 | 1,550 | 2,427 | 2,750 | 3,066 | 3,373 | 3,670 |
| 6122 | 18,901 - | 19,000 | 1,555 | 2,434 | 2,758 | 3,075 | 3,382 | 3,680 |
| 6123 | 19,001 - | 19,100 | 1,560 | 2,441 | 2,765 | 3,083 | 3,391 | 3,690 |
| 6124 | 19,101 - | 19,200 | 1,565 | 2,448 | 2,773 | 3,092 | 3,401 | 3,700 |
| 6125 | 19,201 - | 19,300 | 1,570 | 2,455 | 2,780 | 3,100 | 3,410 | 3,710 |
| 6126 | 19,301 - | 19,400 | 1,575 | 2,462 | 2,788 | 3,109 | 3,419 | 3,720 |
| 6127 | 19,401 - | 19,500 | 1,580 | 2,469 | 2,796 | 3,117 | 3,429 | 3,731 |
| 6128 | 19,501 - | 19,600 | 1,585 | 2,476 | 2,803 | 3,126 | 3,438 | 3,741 |
| 6129 | 19,601 - | 19,700 | 1,590 | 2,483 | 2,811 | 3,134 | 3,447 | 3,751 |
| 6130 | 19,701 - | 19,800 | 1,595 | 2,490 | 2,818 | 3,143 | 3,457 | 3,761 |
| 6131 | 19,801 - | 19,900 | 1,600 | 2,497 | 2,826 | 3,151 | 3,466 | 3,771 |
| 6132 | 19,901 - | 20,000 | 1,605 | 2,504 | 2,834 | 3,159 | 3,475 | 3,781 |
| 6133 | 20,001 - | 22,000 | 1,766 | 2,754 | 3,117 | 3,475 | 3,822 | 4,159 |
| 6134 | 22,001 - | 24,000 | 1,926 | 3,005 | 3,401 | 3,791 | 4,170 | 4,537 |
| 6135 | 24,001 - | 26,000 | 2,087 | 3,255 | 3,684 | 4,107 | 4,518 | 4,915 |
| 6136 | 26,001 - | 28,000 | 2,247 | 3,506 | 3,968 | 4,423 | 4,865 | 5,293 |
| 6137 | 28,001 - | 30,000 | 2,408 | 3,756 | 4,251 | 4,739 | 5,213 | 5,672 |
| 6138 | 30,001 - | 32,000 | 2,508 | 3,916 | 4,451 | 4,979 | 5,473 | 5,952 |
| 6139 | 32,001 - | 34,000 | 2,608 | 4,076 | 4,651 | 5,219 | 5,733 | 6,232 |
| 6140 | 34,001 - | 36,000 | 2,708 | 4,236 | 4,851 | 5,459 | 5,993 | 6,512 |
| 6141 | 36,001 - | 38,000 | 2,808 | 4,396 | 5,051 | 5,699 | 6,253 | 6,792 |
| 6142 | 38,001 - | 40,000 | 2,908 | 4,556 | 5,251 | 5,939 | 6,513 | 7,072 |
| 6143 | 40,001 - | 42,000 | 3,008 | 4,716 | 5,451 | 6,179 | 6,773 | 7,352 |
| 6144 | 42,001 - | 44,000 | 3,108 | 4,876 | 5,651 | 6,419 | 7,033 | 7,632 |
| 6145 | 44,001 - | 46,000 | 3,208 | 5,036 | 5,851 | 6,659 | 7,293 | 7,912 |
| 6146 | 46,001 - | 48,000 | 3,308 | 5,196 | 6,051 | 6,899 | 7,553 | 8,192 |
| 6147 | 48,001 - | 50,000 | 3,408 | 5,356 | 6,251 | 7,139 | 7,813 | 8,472 |
| 6148 | 50,001 - | 52,000 | 3,508 | 5,476 | 6,391 | 7,299 | 7,993 | 8,672 |
| 6149 | 52,001 - | 54,000 | 3,608 | 5,596 | 6,531 | 7,459 | 8,173 | 8,872 |
| 6150 | 54,001 - | 56,000 | 3,708 | 5,716 | 6,671 | 7,619 | 8,353 | 9,072 |
| 6151 | 56,001 - | 58,000 | 3,808 | 5,836 | 6,811 | 7,779 | 8,533 | 9,272 |
| 6152 | 58,001 - | 60,000 | 3,908 | 5,956 | 6,951 | 7,939 | 8,713 | 9,472 |
| 6153 | 60,001 - | 62,000 | 4,008 | 6,076 | 7,091 | 8,099 | 8,893 | 9,672 |
| 6154 | 62,001 - | 64,000 | 4,108 | 6,196 | 7,231 | 8,259 | 9,073 | 9,872 |
| 6155 | 64,001 - | 66,000 | 4,208 | 6,316 | 7,371 | 8,419 | 9,253 | 10,072 |
| 6156 | 66,001 - | 68,000 | 4,308 | 6,436 | 7,511 | 8,579 | 9,433 | 10,272 |
| 6157 | 68,001 - | 70,000 | 4,408 | 6,556 | 7,651 | 8,739 | 9,613 | 10,472 |
| 6158 | 70,001 - | 72,000 | 4,508 | 6,676 | 7,791 | 8,899 | 9,793 | 10,672 |
| 6159 | 72,001 - | 74,000 | 4,608 | 6,796 | 7,931 | 9,059 | 9,973 | 10,872 |
| 6160 | 74,001 - | 76,000 | 4,708 | 6,916 | 8,071 | 9,219 | 10,153 | 11,072 |
| 6161 | 76,001 - | 78,000 | 4,808 | 7,036 | 8,211 | 9,379 | 10,333 | 11,272 |
| 6162 | 78,001 - | 80,000 | 4,908 | 7,156 | 8,351 | 9,539 | 10,513 | 11,472 |
| 6163 | 80,001 - | 82,000 | 5,008 | 7,276 | 8,491 | 9,699 | 10,693 | 11,672 |
| 6164 | 82,001 - | 84,000 | 5,108 | 7,396 | 8,631 | 9,859 | 10,873 | 11,872 |
| 6165 | 84,001 - | 86,000 | 5,208 | 7,516 | 8,771 | 10,019 | 11,053 | 12,072 |
| 6166 | 86,001 - | 88,000 | 5,308 | 7,636 | 8,911 | 10,179 | 11,233 | 12,272 |
| 6167 | 88,001 - | 90,000 | 5,408 | 7,756 | 9,051 | 10,339 | 11,413 | 12,472 |
| 6168 | 90,001 - | 92,000 | 5,508 | 7,876 | 9,191 | 10,499 | 11,593 | 12,672 |
| 6169 | 92,001 - | 94,000 | 5,608 | 7,996 | 9,331 | 10,659 | 11,773 | 12,872 |
| 6170 | 94,001 - | 96,000 | 5,708 | 8,116 | 9,471 | 10,819 | 11,953 | 13,072 |
| 6171 | 96,001 - | 98,000 | 5,808 | 8,236 | 9,611 | 10,979 | 12,133 | 13,272 |
| 6172 | 98,001 - | 100,000 | 5,908 | 8,356 | 9,751 | 11,139 | 12,313 | 13,472 |
6173 Section 166. Section 81-6-305, which is renumbered from Section 78B-12-304 is
6174 renumbered and amended to read:
6175 [
6176 support orders entered on or after January 1, 2023.
6177 The following table [
6178 (1) establish a child support order entered for the first time on or after January 1, 2023;
6179 (2) modify a child support order entered for the first time on or after January 1, 2023;
6180 (3) modify a temporary judicial child support order established on or before December
6181 31, 2022, if the new order is entered on or after January 1, 2023; or
6182 (4) modify a final child support order entered on or before December 31, 2022, if the
6183 modification is made on or after January 1, 2025.
| 6184 | Individual Monthly Adjusted Gross Income | Number of Children | ||||||
| 6185 | 1 | 2 | 3 | 4 | 5 | 6 | ||
| 6186 | From | To | ||||||
| 6187 | 0 - | 50 | 30 | 30 | 30 | 30 | 30 | 30 |
| 6188 | 51 - | 100 | 30 | 40 | 50 | 50 | 50 | 50 |
| 6189 | 101 - | 150 | 30 | 50 | 75 | 75 | 75 | 75 |
| 6190 | 151 - | 750 | 30 | 55 | 75 | 90 | 100 | 105 |
| 6191 | 751 - | 1,256 | 60 | 111 | 151 | 181 | 201 | 211 |
| 6192 | 1,257 - | 1,270 | 75 | 138 | 189 | 226 | 251 | 264 |
| 6193 | 1,271 - | 1,280 | 76 | 140 | 191 | 229 | 254 | 267 |
| 6194 | 1,281 - | 1,290 | 77 | 141 | 192 | 231 | 256 | 269 |
| 6195 | 1,291 - | 1,300 | 77 | 142 | 194 | 232 | 258 | 271 |
| 6196 | 1,301 - | 1,310 | 78 | 143 | 195 | 234 | 260 | 273 |
| 6197 | 1,311 - | 1,320 | 79 | 144 | 197 | 236 | 262 | 275 |
| 6198 | 1,321 - | 1,330 | 79 | 145 | 198 | 238 | 264 | 277 |
| 6199 | 1,331 - | 1,340 | 80 | 146 | 200 | 240 | 266 | 280 |
| 6200 | 1,341 - | 1,350 | 80 | 148 | 201 | 241 | 268 | 282 |
| 6201 | 1,351 - | 1,360 | 95 | 162 | 216 | 257 | 284 | 297 |
| 6202 | 1,361 - | 1,370 | 95 | 163 | 218 | 259 | 286 | 299 |
| 6203 | 1,371 - | 1,380 | 96 | 165 | 219 | 260 | 288 | 302 |
| 6204 | 1,381 - | 1,390 | 97 | 166 | 221 | 262 | 290 | 304 |
| 6205 | 1,391 - | 1,400 | 97 | 167 | 223 | 264 | 292 | 306 |
| 6206 | 1,401 - | 1,410 | 98 | 168 | 224 | 266 | 294 | 308 |
| 6207 | 1,411 - | 1,420 | 113 | 183 | 240 | 282 | 310 | 325 |
| 6208 | 1,421 - | 1,430 | 114 | 185 | 242 | 284 | 313 | 327 |
| 6209 | 1,431 - | 1,440 | 114 | 186 | 243 | 286 | 315 | 329 |
| 6210 | 1,441 - | 1,450 | 115 | 187 | 245 | 288 | 317 | 331 |
| 6211 | 1,451 - | 1,460 | 116 | 189 | 247 | 290 | 319 | 334 |
| 6212 | 1,461 - | 1,470 | 131 | 205 | 263 | 307 | 336 | 351 |
| 6213 | 1,471 - | 1,480 | 132 | 206 | 265 | 309 | 338 | 353 |
| 6214 | 1,481 - | 1,490 | 133 | 207 | 267 | 311 | 341 | 355 |
| 6215 | 1,491 - | 1,500 | 134 | 209 | 268 | 313 | 343 | 358 |
| 6216 | 1,501 - | 1,510 | 135 | 210 | 270 | 315 | 345 | 360 |
| 6217 | 1,511 - | 1,520 | 151 | 227 | 287 | 332 | 363 | 378 |
| 6218 | 1,521 - | 1,530 | 152 | 228 | 289 | 335 | 365 | 380 |
| 6219 | 1,531 - | 1,540 | 153 | 230 | 291 | 337 | 367 | 383 |
| 6220 | 1,541 - | 1,550 | 154 | 231 | 293 | 339 | 370 | 385 |
| 6221 | 1,551 - | 1,560 | 155 | 233 | 295 | 341 | 372 | 388 |
| 6222 | 1,561 - | 1,570 | 172 | 250 | 312 | 359 | 390 | 406 |
| 6223 | 1,571 - | 1,580 | 173 | 251 | 314 | 361 | 393 | 408 |
| 6224 | 1,581 - | 1,590 | 174 | 253 | 316 | 364 | 395 | 411 |
| 6225 | 1,591 - | 1,600 | 175 | 255 | 318 | 366 | 398 | 414 |
| 6226 | 1,601 - | 1,610 | 176 | 256 | 320 | 368 | 400 | 416 |
| 6227 | 1,611 - | 1,620 | 193 | 274 | 338 | 387 | 419 | 435 |
| 6228 | 1,621 - | 1,630 | 195 | 276 | 340 | 389 | 421 | 438 |
| 6229 | 1,631 - | 1,640 | 196 | 277 | 343 | 391 | 424 | 440 |
| 6230 | 1,641 - | 1,650 | 197 | 279 | 345 | 394 | 427 | 443 |
| 6231 | 1,651 - | 1,660 | 198 | 281 | 347 | 396 | 429 | 446 |
| 6232 | 1,661 - | 1,670 | 216 | 299 | 365 | 415 | 448 | 465 |
| 6233 | 1,671 - | 1,680 | 217 | 301 | 368 | 418 | 451 | 468 |
| 6234 | 1,681 - | 1,690 | 219 | 303 | 370 | 420 | 454 | 471 |
| 6235 | 1,691 - | 1,700 | 220 | 304 | 372 | 423 | 457 | 473 |
| 6236 | 1,701 - | 1,710 | 221 | 306 | 374 | 425 | 459 | 476 |
| 6237 | 1,711 - | 1,720 | 240 | 325 | 394 | 445 | 479 | 496 |
| 6238 | 1,721 - | 1,730 | 241 | 327 | 396 | 447 | 482 | 499 |
| 6239 | 1,731 - | 1,740 | 242 | 329 | 398 | 450 | 485 | 502 |
| 6240 | 1,741 - | 1,750 | 244 | 331 | 400 | 453 | 487 | 505 |
| 6241 | 1,751 - | 1,760 | 245 | 333 | 403 | 455 | 490 | 508 |
| 6242 | 1,761 - | 1,770 | 264 | 352 | 423 | 475 | 511 | 528 |
| 6243 | 1,771 - | 1,780 | 266 | 354 | 425 | 478 | 514 | 531 |
| 6244 | 1,781 - | 1,790 | 267 | 356 | 427 | 481 | 516 | 534 |
| 6245 | 1,791 - | 1,800 | 269 | 358 | 430 | 484 | 519 | 537 |
| 6246 | 1,801 - | 1,810 | 270 | 360 | 432 | 486 | 522 | 540 |
| 6247 | 1,811 - | 1,820 | 290 | 380 | 453 | 507 | 543 | 561 |
| 6248 | 1,821 - | 1,830 | 291 | 382 | 455 | 510 | 546 | 565 |
| 6249 | 1,831 - | 1,840 | 293 | 385 | 458 | 513 | 549 | 568 |
| 6250 | 1,841 - | 1,850 | 295 | 387 | 460 | 515 | 552 | 571 |
| 6251 | 1,851 - | 1,860 | 296 | 389 | 463 | 518 | 555 | 574 |
| 6252 | 1,861 - | 1,870 | 316 | 409 | 484 | 540 | 577 | 596 |
| 6253 | 1,871 - | 1,880 | 318 | 412 | 486 | 543 | 580 | 599 |
| 6254 | 1,881 - | 1,890 | 320 | 414 | 489 | 545 | 583 | 602 |
| 6255 | 1,891 - | 1,900 | 321 | 416 | 492 | 548 | 586 | 605 |
| 6256 | 1,901 - | 1,910 | 323 | 418 | 494 | 551 | 589 | 608 |
| 6257 | 1,911 - | 1,920 | 344 | 440 | 516 | 573 | 612 | 631 |
| 6258 | 1,921 - | 1,930 | 346 | 442 | 519 | 576 | 615 | 634 |
| 6259 | 1,931 - | 1,940 | 348 | 444 | 521 | 579 | 618 | 637 |
| 6260 | 1,941 - | 1,950 | 349 | 446 | 524 | 582 | 621 | 641 |
| 6261 | 1,951 - | 1,960 | 351 | 449 | 527 | 585 | 624 | 644 |
| 6262 | 1,961 - | 1,970 | 471 | 549 | 608 | 647 | 667 | |
| 6263 | 1,971 - | 1,980 | 473 | 552 | 611 | 650 | 670 | |
| 6264 | 1,981 - | 1,990 | 475 | 555 | 614 | 654 | 674 | |
| 6265 | 1,991 - | 2,000 | 478 | 557 | 617 | 657 | 677 | |
| 6266 | 2,001 - | 2,050 | 480 | 560 | 620 | 660 | 680 | |
| 6267 | 2,051 - | 2,100 | 513 | 595 | 656 | 697 | 718 | |
| 6268 | 2,101 - | 2,150 | 546 | 630 | 693 | 735 | 756 | |
| 6269 | 2,151 - | 2,200 | 581 | 667 | 731 | 774 | 796 | |
| 6270 | 2,201 - | 2,250 | 616 | 704 | 770 | 814 | 836 | |
| 6271 | 2,251 - | 2,300 | 810 | 855 | 878 | |||
| 6272 | 2,301 - | 2,350 | 897 | 920 | ||||
| 6273 | 2,351 - | 2,400 | 964 | |||||
| 6274 | 2,401 - | 2,450 | 1,008 | |||||
6275 Section 167. Section 81-6-401 is enacted to read:
6276
6277 81-6-401. Definitions for part.
6278 As used in this part, "advisory committee" means the Child Support Guidelines Advisory
6279 Committee.
6280 Section 168. Section 81-6-402, which is renumbered from Section 78B-12-401 is
6281 renumbered and amended to read:
6282 [
6283 (1) (a) There is created the advisory committee known as the "Child Support
6284 Guidelines Advisory Committee."
6285 [
6286
6287 [
6288 follows:
6289 (i) one representative recommended by the Office of Recovery Services;
6290 (ii) one representative recommended by the Judicial Council;
6291 (iii) two representatives recommended by the Utah State Bar Association;
6292 (iv) two representatives of noncustodial parents;
6293 (v) two representatives of custodial parents;
6294 (vi) one representative with expertise in economics; and
6295 (vii) two representatives from diverse interests related to child support issues and who
6296 are not members of the Utah State Bar Association, as the governor may consider appropriate.
6297 (2) (a) The term of a member of the advisory committee is four years.
6298 (b) When a vacancy occurs in the membership for any reason, the governor shall
6299 appoint a replacement for the unexpired term of the member.
6300 (c) The governor may appoint a member of the advisory committee to more than one
6301 term.
6302 (3) (a) Six members of the advisory committee constitute a quorum.
6303 (b) The vote of a majority of a quorum present is an action of the advisory committee.
6304 (4) The advisory committee shall elect two members to serve as cochairs of the
6305 advisory committee for a term of one year.
6306 (5) The advisory committee shall meet at the time and place designated by the cochairs.
6307 Section 169. Section 81-6-403, which is renumbered from Section 78B-12-402 is
6308 renumbered and amended to read:
6309 [
6310 (1) The advisory committee shall review the child support guidelines to ensure the
6311 application of the guidelines results in the determination of appropriate child support award
6312 amounts.
6313 (2) The advisory committee shall submit, in accordance with Section 68-3-14, a written
6314 report to the [
6315 on or before October 1 of every fourth year subsequently.
6316 (3) The advisory committee's report shall include recommendations of the majority of
6317 the advisory committee, as well as specific recommendations of individual members of the
6318 advisory committee.
6319 (4) Staff for the advisory committee shall be provided from the existing budget of the
6320 Department of Health and Human Services.
6321 Section 170. Section 81-6-404, which is renumbered from Section 78B-12-403 is
6322 renumbered and amended to read:
6323 [
6324 A member may not receive compensation or benefits for the member's service, but may
6325 receive per diem and travel expenses in accordance with:
6326 (1) Section 63A-3-106;
6327 (2) Section 63A-3-107; and
6328 (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6329 63A-3-107.
6330 Section 171. Section 81-7-101 is enacted to read:
6331
6332
6333 81-7-101. Definitions for chapter.
6334 As used in this chapter:
6335 (1) "Alimony" means the same as that term is defined in Section 81-4-101.
6336 (2) "Child support" means the same as that term is defined in Section 81-6-101.
6337 (3) "Child support services" means the same as that term is defined in Section
6338 26B-9-101.
6339 (4) "Obligee" means the same as that term is defined in Section 81-6-101.
6340 (5) "Obligor" means the same as that term is defined in Section 81-6-101.
6341 (6) "Support order" means the same as that term is defined in Section 81-6-101.
6342 (7) "Tribunal" means the same as that term is defined in Section 81-6-101.
6343 Section 172. Section 81-7-102, which is renumbered from Section 78B-12-112 is
6344 renumbered and amended to read:
6345 [
6346 Judgment.
6347 (1) All monthly payments of child support [
6348 day of each month [
6349
6350
6351 and Administration of Child Support.
6352 (2) For purposes of child support services and income withholding [
6353 described in Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9,
6354 Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the
6355 1st day of the following month.
6356 (3) For purposes other than those specified in Subsection (1), [
6357 support is payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month,
6358 unless the order or decree provides for a different time for payment.
6359 [
6360 alimony under any support order[
6361 [
6362 (a) a judgment with the same attributes and effect of any judgment of a district court,
6363 except as provided in Subsection [
6364 (b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction;
6365 and
6366 (c) not subject to retroactive modification by this or any other jurisdiction, except as
6367 provided in Subsection [
6368 [
6369 support order may be modified with respect to any period during which a modification is
6370 pending, but only from the date of service of the pleading on:
6371 (i) the obligee[
6372 (ii) the obligor[
6373 (b) If the tribunal orders that the support order should be modified, the effective date of
6374 the modification shall be the month following service on the [
6375 affected.
6376 (c) Once the tribunal determines that a modification is appropriate, the tribunal shall
6377 order a judgment to be entered for any difference in the original order and the modified amount
6378 for the period from the service of the pleading until the final order of modification is entered.
6379 [
6380 enforceable as a lien against the real property interest of any third party relying on the public
6381 record, shall be docketed in the district court in accordance with Sections 78B-5-202 and
6382 26B-9-214.
6383 Section 173. Section 81-7-103, which is renumbered from Section 30-3-3.5 is
6384 renumbered and amended to read:
6385 [
6386 (1) As used in this section:
6387 (a) "Debtor" means a person obligated or allegedly obligated to pay a domestic
6388 relations debt.
6389 (b) "Domestic relations debt" means an obligation or alleged obligation to pay past due
6390 child support or alimony.
6391 (2) (a) A court shall order the amounts described in Subsection (2)(b) be paid, if:
6392 (i) the court issues a judgment requiring the payment of a domestic relations debt by
6393 the debtor;
6394 (ii) imposing a collection fee on the debtor or in relation to the domestic relations debt
6395 is not prohibited or otherwise restricted by another federal or state law; and
6396 (iii) the person owed the domestic relations debt has a contingency arrangement with
6397 an attorney to collect the domestic relations debt.
6398 (b) If the conditions of Subsection (2)(a) are met, a court shall order payment of:
6399 (i) the principal amount due;
6400 (ii) applicable interest;
6401 (iii) a collection fee equal to the amount provided in the contingency agreement, except
6402 that the collection fee may not exceed the lesser of:
6403 (A) the actual amount the person owed the domestic relations debt is required to pay
6404 for collection costs, regardless of whether that amount is a specific dollar amount or a
6405 percentage of the principal amount owed for the domestic relations debt; or
6406 (B) 40% of the principal amount owed to the person for the domestic relations debt;
6407 (iv) reasonable attorney fees; and
6408 (v) costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i).
6409 (3) The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred
6410 at the time the person owed a domestic relations debt enters into an agreement with an attorney
6411 to collect the domestic relations debt.
6412 (4) An obligation to pay a collection fee imposed under this section is in addition to
6413 any obligation to pay reasonable attorney fees that may exist.
6414 (5) The Office of Recovery Services may not collect an order issued pursuant to
6415 Subsection (2).
6416 Section 174. Section 81-8-101 is enacted to read:
6417
6418 81-8-101. Reserved.
6419 Reserved.
6420 Section 175. Section 81-9-101, which is renumbered from Section 30-3-10.1 is
6421 renumbered and amended to read:
6422
6423
6424 [
6425 As used in this chapter:
6426 (1) (a) "Custodial responsibility" [
6427 caretaking authority and decision-making authority for a minor child.
6428 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time,
6429 right to access, visitation, and authority to grant limited contact with a minor child.
6430 (2) "Domestic violence" means the same as that term is defined in Section 77-36-1.
6431 [
6432 [
6433
6434 [
6435
6436 [
6437
6438 [
6439
6440
6441 [
6442
6443 [
6444 [
6445
6446 [
6447
6448 [
6449 [
6450
6451 (3) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers
6452 of a parent by both parents, where specified.
6453 (4) "Joint physical custody" means the minor child stays with each parent overnight for
6454 more than 30% of the year and both parents contribute to the expenses of the minor child in
6455 addition to paying child support.
6456 (5) (a) "Parenting functions" means those aspects of the parent-child relationship in
6457 which the parent makes decisions and performs functions necessary for the care and growth of
6458 the minor child.
6459 (b) "Parenting functions" include:
6460 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor
6461 child;
6462 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical
6463 care, grooming, supervision, health care, day care, and engaging in other activities which are
6464 appropriate to the developmental level of the minor child and that are within the social and
6465 economic circumstances of the particular family;
6466 (iii) attending to adequate education for the minor child, including remedial or other
6467 education essential to the best interest of the minor child;
6468 (iv) assisting the minor child in developing and maintaining appropriate interpersonal
6469 relationships;
6470 (v) exercising appropriate judgment regarding the minor child's welfare, consistent
6471 with the minor child's developmental level and family social and economic circumstances; and
6472 (vi) providing for the financial support of the minor child.
6473 (6) (a) "Parenting plan" means a plan for parenting a minor child.
6474 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated
6475 in any final decree or decree of modification including an action for dissolution of marriage,
6476 annulment, legal separation, or paternity.
6477 [
6478 (8) "Supervised parent-time" means parent-time that requires the noncustodial parent to
6479 be accompanied during parent-time by an individual approved by the court.
6480 (9) "Surrogate care" means care by any individual other than the parent of the minor
6481 child.
6482 [
6483 (a) active and reserve components of the United States Armed Forces;
6484 (b) the United States Merchant Marine;
6485 (c) the commissioned corps of the United States Public Health Service;
6486 (d) the commissioned corps of the National Oceanic and Atmospheric Administration
6487 of the United States; or
6488 (e) the National Guard of a state.
6489 (11) "Uninterrupted time" means parent-time exercised by one parent without
6490 interruption at any time by the presence of the other parent.
6491 (12) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
6492 email, instant messaging, video conferencing, and other wired or wireless technologies over the
6493 Internet or other communication media, to supplement in-person visits between a noncustodial
6494 parent and a minor child or between a minor child and the custodial parent when the minor
6495 child is staying with the noncustodial parent.
6496 Section 176. Section 81-9-102, which is renumbered from Section 30-3-38 is
6497 renumbered and amended to read:
6498 [
6499 [
6500
6501 [
6502 (a) "Mediator" means a person who:
6503 (i) is qualified to mediate parent-time disputes under criteria established by the
6504 Administrative Office of the Courts; and
6505 (ii) agrees to follow billing guidelines established by the Administrative Office of the
6506 Courts and this section.
6507 (b) "Services to facilitate parent-time" or "services" means services designed to assist
6508 families in resolving parent-time problems through:
6509 (i) counseling;
6510 (ii) supervised parent-time;
6511 (iii) neutral drop-off and pick-up;
6512 (iv) educational classes; and
6513 (v) other related activities.
6514 (2) The Administrative Office of the Courts shall administer an Expedited Parent-time
6515 Enforcement Program in the third judicial district.
6516 (3) (a) If a parent files a motion in the third district court alleging that court-ordered
6517 parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
6518 shall refer the case to the administrator of this program for assignment to a mediator, unless a
6519 parent is incarcerated or otherwise unavailable.
6520 (b) Unless the court rules otherwise, a parent residing outside of the state is not
6521 unavailable.
6522 (c) The director of the program for the courts, the court, or the mediator may excuse
6523 either party from the requirement to mediate for good cause.
6524 [
6525 (i) meet with the parents to address parent-time issues within 15 days of the motion
6526 being filed;
6527 (ii) assess the situation;
6528 (iii) facilitate an agreement on parent-time between the parents; and
6529 (iv) determine whether a referral to a service provider under Subsection [
6530 is warranted.
6531 [
6532 provider designated by the Department of Health and Human Services for services to facilitate
6533 parent-time if:
6534 (i) the services may be of significant benefit to the parents; or
6535 (ii) (A) a mediated agreement between the parents is unlikely; and
6536 (B) the services may facilitate an agreement.
6537 [
6538 transfer the case to the administrator of the program for referral to the [
6539
6540 (i) a written agreement between the parents is reached; or
6541 (ii) the parents are unable to reach an agreement through mediation and:
6542 (A) the parents have received services to facilitate parent-time;
6543 (B) both parents object to receiving services to facilitate parent-time; or
6544 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
6545 [
6546
6547 (i) review the agreement of the parents and, if acceptable, sign it as an order;
6548 (ii) order the parents to receive services to facilitate parent-time;
6549 (iii) proceed with the case; or
6550 (iv) take other appropriate action.
6551 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
6552 minor child who is the subject of a parent-time order against the other parent or a member of
6553 the other parent's household to a mediator or service provider, the mediator or service provider
6554 shall immediately report that information to:
6555 (i) the [
6556 take other appropriate action to resolve the allegation and protect the minor child; and
6557 (ii) the Division of Child and Family Services within the Department of Health and
6558 Human Services in the manner required by Title 80, Chapter 2, Part 6, Child Abuse and
6559 Neglect Reports.
6560 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
6561 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
6562 order of the court, be supervised until:
6563 (i) the allegation has been resolved; or
6564 (ii) a court orders otherwise.
6565 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
6566 mediate parent-time problems and a service provider may continue to provide services to
6567 facilitate parent-time unless otherwise ordered by a court.
6568 (5) (a) The Department of Health and Human Services may contract with one or more
6569 entities in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to provide:
6570 (i) services to facilitate parent-time;
6571 (ii) case management services; and
6572 (iii) administrative services.
6573 (b) An entity who contracts with the Department of Health and Human Services under
6574 Subsection (5)(a) shall:
6575 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
6576 (ii) agree to follow billing guidelines established by the Department of Health and
6577 Human Services and this section.
6578 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
6579 (i) reduced to a sum certain;
6580 (ii) divided equally between the parents; and
6581 (iii) charged against each parent taking into account the ability of that parent to pay
6582 under billing guidelines adopted in accordance with this section.
6583 (b) A [
6584 in Subsection (6)(a) if the parent:
6585 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
6586 or
6587 (ii) made an unfounded assertion or claim of physical or sexual abuse of a minor child.
6588 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
6589 parents at periodic intervals.
6590 (ii) Mediation and services to facilitate parent-time may only be terminated on the
6591 ground of nonpayment if both parents are delinquent.
6592 (7) (a) The Judicial Council may make rules to implement and administer the
6593 provisions of this program related to mediation.
6594 (b) The Department of Health and Human Services may make rules to implement and
6595 administer the provisions of this program related to services to facilitate parent-time.
6596 (8) (a) (i) The Administrative Office of the Courts shall adopt outcome measures to
6597 evaluate the effectiveness of the mediation component of this program.
6598 (ii) [
6599 provide progress reports to the Judiciary Interim Committee as requested by the committee.
6600 (b) (i) The Department of Health and Human Services shall adopt outcome measures to
6601 evaluate the effectiveness of the services component of this program.
6602 (ii) [
6603 Services shall provide progress reports to the Judiciary Interim Committee as requested by the
6604 committee.
6605 (c) The Administrative Office of the Courts and the Department of Health and Human
6606 Services may adopt joint outcome measures and file joint reports to satisfy the requirements of
6607 Subsections [
6608 (9) The Department of Health and Human Services shall, by following the procedures
6609 and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, apply for federal
6610 funds as available.
6611 Section 177. Section 81-9-201 is enacted to read:
6612
6613 81-9-201. Definitions for part.
6614 Reserved.
6615 Section 178. Section 81-9-202, which is renumbered from Section 30-3-33 is
6616 renumbered and amended to read:
6617 [
6618 arrangement.
6619 (1) In addition to the parent-time schedules provided in Sections [
6620
6621 [
6622 [
6623 parents [
6624 [
6625 stability of the minor child's life.
6626 [
6627 special consideration to make the minor child available to attend family functions including
6628 funerals, weddings, family reunions, religious holidays, important ceremonies, and other
6629 significant events in the life of the minor child or in the life of either parent which may
6630 inadvertently conflict with the parent-time schedule.
6631 [
6632 return of the [
6633 entered[
6634 (b) The court may change the responsibility described in Subsection (5)(a) at any time
6635 a subsequent modification is made to the parent-time order.
6636 [
6637 shall:
6638 (i) have the minor child ready for parent-time at the time the minor child is to be
6639 picked up [
6640 (ii) be present at the custodial home or [
6641 to receive the minor child at the time the minor child is returned.
6642 [
6643 parent shall:
6644 (i) be at the appointed place at the time the noncustodial parent is to receive the minor
6645 child[
6646 (ii) have the minor child ready to be picked up at the appointed time and place[
6647 have made reasonable alternate arrangements for the custodial parent to pick up the minor
6648 child.
6649 [
6650
6651 [
6652 (a) make alterations in the parent-time schedule to reasonably accommodate the work
6653 schedule of both parents [
6654 (b) increase the parent-time allowed to the noncustodial parent but may not diminish
6655 the standardized parent-time provided in Sections [
6656 81-9-304.
6657 [
6658 accommodate the distance between the parties and the expense of exercising parent-time.
6659 [
6660 parent may not withhold parent-time or child support due to the other parent's failure to comply
6661 with a court-ordered parent-time schedule.
6662 [
6663 of receiving notice of all significant school, social, sports, and community functions in which
6664 the minor child is participating or being honored[
6665 (b) The noncustodial parent [
6666 functions described in Subsection (10)(a).
6667 [
6668 including preschool and daycare reports and medical records [
6669
6670 (d) A parent shall immediately notify the other parent in the event of a medical
6671 emergency.
6672 [
6673 telephone number, email address, and other virtual parent-time access information within 24
6674 hours of any change.
6675 [
6676 reasonable and uncensored communications with the minor child, in the form of mail privileges
6677 and virtual parent-time if the equipment is reasonably available[
6678 (b) If the parents cannot agree on whether the equipment is reasonably available, the
6679 court shall decide whether the equipment for virtual parent-time is reasonably available[
6680 taking into consideration:
6681 [
6682 [
6683 and
6684 [
6685 [
6686 than surrogate care [
6687 (b) The court shall encourage the parties to cooperate in allowing the noncustodial
6688 parent, if willing and able to transport the [
6689 (c) Child care arrangements existing during the marriage are preferred as are child care
6690 arrangements with nominal or no charge.
6691 [
6692 (a) provide all surrogate care providers with the name, current address, and telephone
6693 number of the other parent [
6694 (b) provide the noncustodial parent with the name, current address, and telephone
6695 number of all surrogate care providers unless the court for good cause orders otherwise.
6696 [
6697 holidays celebrated by the parents[
6698 (b) The parent who celebrates a religious holiday that the other parent does not
6699 celebrate shall have the right to be together with the minor child on the religious holiday.
6700 [
6701 based on Sections [
6702 if an upward deviation for parent-time with all the minor children so that parent-time is
6703 uniform between school aged and nonschool aged children, is appropriate.
6704 [
6705 a uniformed service, the parents should resolve issues of custodial responsibility in the event of
6706 deployment as soon as practicable through reaching a voluntary agreement pursuant to Section
6707 78B-20-201 or through court order obtained pursuant to [
6708 (b) Servicemembers shall ensure their family care plan reflects orders and agreements
6709 entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents Custody,
6710 Parent-time, and Visitation Act.
6711 (18) (a) For emergency purposes, whenever the minor child travels with a parent, the
6712 parent shall provide the following information to the other parent:
6713 (i) an itinerary of travel dates;
6714 (ii) destinations;
6715 (iii) places where the minor child or traveling parent can be reached; and
6716 (iv) the name and telephone number of an available third person who would be
6717 knowledgeable of the minor child's location.
6718 (b) Unchaperoned travel of a minor child under the age of five years is not
6719 recommended.
6720 Section 179. Section 81-9-203, which is renumbered from Section 30-3-10.9 is
6721 renumbered and amended to read:
6722 [
6723 parenting plan.
6724 (1) In a custody or parent-time proceeding that is not a divorce action, the court may
6725 require the parents to attend the mandatory educational course described in Section 81-4-106.
6726 (2) (a) In a proceeding between parents regarding the custody or parent-time for a
6727 minor child, the parent shall file and serve a proposed parenting plan at the time of the filing of
6728 the parent's original petition or at the time of filing the parent's answer or counterclaim.
6729 (b) In a proceeding in which a parent seeks to modify custody provisions or a parenting
6730 plan, the parent shall file the proposed parenting plan with the petition to modify or the answer
6731 or counterclaim to the petition to modify.
6732 (c) A parent who desires joint legal custody shall file a proposed parenting plan in
6733 accordance with this section.
6734 (3) If a parent files a proposed parenting plan in compliance with this section, the
6735 parent may move the court for an order of default to adopt the plan if the other parent fails to
6736 file a proposed parenting plan as required by this section.
6737 (4) A parent may file and serve an amended proposed parenting plan according to the
6738 Utah Rules of Civil Procedure.
6739 (5) The parent submitting a proposed parenting plan shall attach a verified statement
6740 that the plan is proposed by that parent in good faith.
6741 (6) (a) Both parents may submit a parenting plan which has been agreed upon.
6742 (b) The parents shall attach a verified statement to the parenting plan that is signed by
6743 both parents.
6744 (7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad
6745 litem to represent the best interests of the minor child, who may, if necessary, file a separate
6746 parenting plan reflecting the best interests of the minor child.
6747 (8) (a) If a parent is a service member, the parenting plan shall be consistent with
6748 Subsection (16).
6749 (b) If a parent becomes a service member after a parenting plan is adopted, the parents
6750 shall amend the existing parenting plan as soon as practical to comply with Subsection (16).
6751 [
6752 (a) provide for the minor child's physical care;
6753 (b) maintain the minor child's emotional stability;
6754 (c) provide for the minor child's changing needs as the minor child grows and matures
6755 in a way that minimizes the need for future modifications to the parenting plan;
6756 (d) set forth the authority and responsibilities of each parent with respect to the minor
6757 child consistent with the definitions outlined in this chapter;
6758 (e) minimize the minor child's exposure to harmful parental conflict;
6759 (f) encourage the parents, where appropriate, to meet the responsibilities to their
6760 [
6761 judicial intervention; and
6762 (g) protect the best interests of the minor child.
6763 [
6764 (i) provisions for resolution of future disputes between the parents, allocation of
6765 decision-making authority, and residential provisions for the minor child[
6766 (ii) provisions addressing notice and parent-time responsibilities in the event of the
6767 relocation of [
6768
6769 (iii) a process for resolving disputes, unless precluded or limited by statute.
6770 [
6771
6772 (b) A dispute resolution process under Subsection (10)(a)(iii) may include:
6773 [
6774 [
6775 [
6776 [
6777 [
6778 [
6779 implementation of the plan, except those related to financial support, unless an emergency
6780 exists;
6781 [
6782 mediation and provided to each party;
6783 [
6784 copy of the arbitration award shall be provided to each party;
6785 [
6786 process without good reason, the court may award attorney fees and financial sanctions to the
6787 prevailing parent;
6788 [
6789 and
6790 [
6791 decree or order.
6792 [
6793 plan shall allocate decision-making authority to one or both parties regarding the minor child's
6794 education, healthcare, and religious upbringing.
6795 (b) The parties may incorporate an agreement related to the care and growth of the
6796 minor child in these specified areas or in other areas into the plan[
6797 consistent with parenting functions and the criteria outlined in Subsection [
6798
6799 (c) Regardless of the allocation of decision-making in the parenting plan, [
6800 parent may make emergency decisions affecting the health or safety of the minor child.
6801 [
6802 (i) the home residence for purposes of identifying the appropriate school or another
6803 specific plan that provides for where the minor child will attend school;
6804 (ii) which parent has authority to make education decisions for the minor child if the
6805 parents cannot agree; and
6806 (iii) whether one or both parents have access to the minor child during school and
6807 authority to check the minor child out of school.
6808 [
6809 provision is not included in the parenting plan:
6810 (i) a parent with sole physical custody shall make the decisions listed in Subsection
6811 [
6812 (ii) in the event of joint physical custody when one parent has custody a majority of the
6813 time[
6814 (A) the parent having the minor child the majority of the time shall make the decisions
6815 listed in Subsections [
6816 (B) both parents with joint physical custody shall have access to the minor child during
6817 school and authority to check the child out of school; or
6818 (iii) in the event of joint physical custody when the parents have custody an equal
6819 amount of time:
6820 (A) the court shall determine how the decisions listed in Subsections [
6821 (11)(d)(i) and (ii) are made; and
6822 (B) both parents with joint physical custody shall have access to the minor child during
6823 school and authority to check the minor child out of school.
6824 [
6825 the minor child while the minor child is residing with that parent.
6826 [
6827 parties shall make a good faith effort to resolve the issue through the dispute resolution
6828 process.
6829 [
6830 which parent's home [
6831 provisions for holidays, birthdays of family members, vacations, and other special occasions.
6832 [
6833 support order, the other parent's obligations under the parenting plan or the child support order
6834 are not affected.
6835 (b) Failure to comply with a provision of the parenting plan or a child support order
6836 may result in a finding of contempt of court.
6837 [
6838 member, the parenting plan shall contain provisions that address the foreseeable parenting and
6839 custodial issues likely to arise in the event of notification of deployment or other contingency,
6840 including long-term deployments, short-term deployments, death, incapacity, and
6841 noncombatant evacuation operations.
6842 (b) The provisions in the parenting plan described in Subsection [
6843 comport substantially with the requirements of an agreement made pursuant to Section
6844 78B-20-201.
6845 The following section is affected by a coordination clause at the end of this bill.
6846 Section 180. Section 81-9-204, which is renumbered from Section 30-3-10 is
6847 renumbered and amended to read:
6848 [
6849 factors -- Preferences.
6850 [
6851
6852
6853 (1) In a proceeding between parents in which the custody and parent-time of a minor
6854 child is at issue, the court shall consider the best interests of the minor child.
6855 (2) The court shall determine whether an order for custody or parent-time is in the best
6856 interests of the minor child by a preponderance of the evidence.
6857 [
6858
6859
6860 the best interests of the minor child, the court may consider the following factors for each
6861 parent:
6862 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
6863 abuse, involving the minor child, the parent, or a household member of the parent;
6864 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
6865 the developmental needs of the minor child, including the minor child's:
6866 (i) physical needs;
6867 (ii) emotional needs;
6868 (iii) educational needs;
6869 (iv) medical needs; and
6870 (v) any special needs;
6871 (c) the parent's capacity and willingness to function as a parent, including:
6872 (i) parenting skills;
6873 (ii) co-parenting skills, including:
6874 (A) ability to appropriately communicate with the other parent;
6875 (B) ability to encourage the sharing of love and affection; and
6876 (C) willingness to allow frequent and continuous contact between the minor child and
6877 the other parent, except that, if the court determines that the parent is acting to protect the
6878 minor child from domestic violence, neglect, or abuse, the parent's protective actions may be
6879 taken into consideration; and
6880 (iii) ability to provide personal care rather than surrogate care;
6881 (d) [
6882 character of the parent as described in Subsection (8);
6883 (e) the emotional stability of the parent;
6884 (f) the parent's inability to function as a parent because of drug abuse, excessive
6885 drinking, or other causes;
6886 (g) whether the parent has intentionally exposed the minor child to pornography or
6887 [
6888 to minors, as those terms are defined in Section 76-10-1201;
6889 (h) the parent's reasons for having relinquished custody or parent-time in the past;
6890 (i) duration and depth of desire for custody or parent-time;
6891 (j) the parent's religious compatibility with the minor child;
6892 (k) the parent's financial responsibility;
6893 (l) the minor child's interaction and relationship with step-parents, extended family
6894 members of other individuals who may significantly affect the minor child's best interests;
6895 (m) who has been the primary caretaker of the minor child;
6896 (n) previous parenting arrangements in which the minor child has been happy and
6897 well-adjusted in the home, school, and community;
6898 (o) the relative benefit of keeping siblings together;
6899 (p) the stated wishes and concerns of the minor child, taking into consideration the
6900 minor child's cognitive ability and emotional maturity;
6901 (q) the relative strength of the minor child's bond with the parent, meaning the depth,
6902 quality, and nature of the relationship between the parent and the minor child; and
6903 (r) any other factor the court finds relevant.
6904 [
6905
6906 [
6907
6908 [
6909
6910 [
6911
6912 [
6913
6914 [
6915
6916 [
6917
6918 [
6919 of fact determines that extenuating circumstances exist that would necessitate the testimony of
6920 the minor child be heard and there is no other reasonable method to present the minor child's
6921 testimony.
6922 (b) (i) The court may inquire [
6923 child's desires regarding future custody or parent-time schedules, but the expressed desires are
6924 not controlling and the court may determine the minor child's custody or parent-time otherwise.
6925 (ii) The desires of a minor child who is 14 years old or older shall be given added
6926 weight, but is not the single controlling factor.
6927 (c) (i) If an interview with a minor child is conducted by the court [
6928 accordance with Subsection [
6929 court in camera.
6930 (ii) The prior consent of the parties may be obtained but is not necessary if the court
6931 finds that an interview with a minor child is the only method to ascertain the minor child's
6932 desires regarding custody.
6933 [
6934 discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding
6935 custody or determining whether a substantial change has occurred for the purpose of modifying
6936 an award of custody.
6937 (b) The court may not consider the disability of a parent as a factor in awarding custody
6938 or modifying an award of custody based on a determination of a substantial change in
6939 circumstances, unless the court makes specific findings that:
6940 (i) the disability significantly or substantially inhibits the parent's ability to provide for
6941 the physical and emotional needs of the minor child at issue; and
6942 (ii) the parent with a disability lacks sufficient human, monetary, or other resources
6943 available to supplement the parent's ability to provide for the physical and emotional needs of
6944 the minor child at issue.
6945 (c) Nothing in this section may be construed to apply to adoption proceedings under
6946 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
6947 [
6948 (a) a preference for either parent solely because of the gender of the parent[
6949 [
6950 for or against joint physical custody or sole physical custody, but allows the court and the
6951 family the widest discretion to choose a parenting plan that is in the best interest of the minor
6952 child.
6953 [
6954 of a deployment of [
6955 member and the service member has not yet been notified of deployment, the court shall
6956 resolve the issue based on the standards in Sections 78B-20-306 through 78B-20-309.
6957 [
6958 party under Subsection [
6959 not:
6960 (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
6961 dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
6962 accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies,
6963 Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection
6964 58-37-3.7(2) or (3) any differently than the court would consider or treat the lawful possession
6965 or use of any prescribed controlled substance; or
6966 (b) discriminate against a parent because of the parent's status as a:
6967 (i) cannabis production establishment agent, as that term is defined in Section
6968 4-41a-102;
6969 (ii) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
6970 (iii) medical cannabis courier agent, as that term is defined in Section 26B-4-201; or
6971 (iv) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
6972 Cannabinoid Research and Medical Cannabis.
6973 (9) (a) The court shall consider evidence of domestic violence if evidence of domestic
6974 violence is presented.
6975 (b) The court shall consider as primary, the safety and well-being of the minor child
6976 and the parent who experiences domestic violence.
6977 (c) A court shall consider an order issued by a court in accordance with Title 78B,
6978 Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or
6979 substantiated potential harm to the minor child.
6980 (d) If a parent relocates because of an act of domestic violence or family violence by
6981 the other parent, the court shall make specific findings and orders with regards to the
6982 application of Section 81-9-209.
6983 (10) Absent a showing by a preponderance of evidence of real harm or substantiated
6984 potential harm to the minor child:
6985 (a) it is in the best interest of the minor child to have frequent, meaningful, and
6986 continuing access to each parent following separation or divorce;
6987 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing
6988 access with the parent's minor child consistent with the minor child's best interests; and
6989 (c) it is in the best interest of the minor child to have both parents actively involved in
6990 parenting the minor child.
6991 Section 181. Section 81-9-205, which is renumbered from Section 30-3-10.2 is
6992 renumbered and amended to read:
6993 [
6994 -- Order for joint custody.
6995 [
6996
6997
6998
6999 [
7000
7001
7002 (1) The court may order joint legal custody or joint physical custody or both joint legal
7003 custody and joint physical custody if:
7004 (a) one or both parents have filed a parenting plan as described in Section 81-9-203;
7005 and
7006 (b) the court determines that, by a preponderance of the evidence, joint legal custody or
7007 joint physical custody or both joint legal custody and joint physical custody is in the best
7008 interest of the minor child in accordance with Subsection (5) and Section 81-9-204.
7009 (2) (a) There is a rebuttable presumption that joint legal custody is in the best interest
7010 of the minor child, except in cases when there is:
7011 (i) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
7012 abuse involving the minor child, a parent, or a household member of the parent;
7013 (ii) special physical or mental needs of a parent or minor child, making joint legal
7014 custody unreasonable;
7015 (iii) physical distance between the residences of the parents, making joint decision
7016 making impractical in certain circumstances; or
7017 (iv) any other factor the court considers relevant, including the factors described in
7018 Subsection (5) and Section 81-9-204.
7019 (b) A presumption for joint legal custody may be rebutted by showing by a
7020 preponderance of the evidence that it is not in the best interest of the minor child.
7021 (3) (a) Joint legal custody does not affect the physical custody of the minor child
7022 except as specified in the order of joint legal custody.
7023 (b) Joint legal custody is not based on awarding equal or nearly equal periods of
7024 physical custody of and access to the minor child to each of the parents because the best
7025 interest of the minor child often requires that a primary physical residence for the minor child
7026 be designated.
7027 (c) In ordering joint legal custody, the court:
7028 (i) may include an award of exclusive authority by the court to one parent to make
7029 specific decisions regarding the minor child; and
7030 (ii) is not prohibited from specifying one parent as the primary caretaker and one home
7031 as the primary residence of the minor child.
7032 (4) (a) Joint physical custody may result in equal or nearly equal periods of physical
7033 custody of and access to the minor child by each of the parents to meet the best interest of the
7034 minor child.
7035 (b) Joint physical custody may require that a physical residence for the minor child be
7036 designated.
7037 (c) In ordering joint physical custody, the court is not prohibited from specifying one
7038 parent as the primary caretaker and one home as the primary residence of the minor child.
7039 (5) In addition to the factors described in Section 81-9-204, the court shall consider the
7040 following factors in determining whether joint legal custody, joint physical custody, or both
7041 joint legal custody and joint physical custody, is in the best interest of the minor child:
7042 (a) whether the physical, psychological, and emotional needs and development of the
7043 minor child will benefit from joint legal custody or joint physical custody or both joint legal
7044 custody and joint physical custody;
7045 (b) the ability of the parents to give first priority to the welfare of the minor child and
7046 reach shared decisions in the minor child's best interest;
7047 (c) co-parenting skills, including:
7048 (i) ability to appropriately communicate with the other parent;
7049 (ii) ability to encourage the sharing of love and affection; and
7050 (iii) willingness to allow frequent and continuous contact between the minor child and
7051 the other parent, except that, if the court determines that the parent is acting to protect the
7052 minor child from domestic violence, neglect, or abuse, the parent's protective actions may be
7053 taken into consideration; [
7054 (d) whether both parents participated in raising the minor child before the divorce;
7055 (e) the geographical proximity of the homes of the parents;
7056 (f) the preference of the minor child if the minor child is of sufficient age and capacity
7057 to reason so as to form an intelligent preference as to joint legal custody or joint physical
7058 custody or both joint legal custody and joint physical custody;
7059 (g) the maturity of the parents and their willingness and ability to protect the minor
7060 child from conflict that may arise between the parents;
7061 (h) the past and present ability of the parents to cooperate with each other and make
7062 decisions jointly; and
7063 (i) any other factor the court finds relevant.
7064 [
7065
7066 [
7067 may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment
7068 Support Act.
7069 (7) An order of joint legal custody or joint physical custody shall provide terms the
7070 court determines appropriate, which may include specifying:
7071 (a) the county of residence of the minor child, until altered by further order of the court,
7072 or the custodian who has the sole legal right to determine the residence of the minor child;
7073 (b) that the parents shall exchange information concerning the health, education, and
7074 welfare of the minor child, and where possible, confer before making decisions concerning any
7075 of these areas;
7076 (c) the rights and duties of each parent regarding the minor child's present and future
7077 physical care, support, and education;
7078 (d) provisions to minimize disruption of the minor child's attendance at school and
7079 other activities, the minor child's daily routine, and the minor child's association with friends;
7080 and
7081 (e) as necessary, the remaining parental rights, privileges, duties, and powers to be
7082 exercised by the parents solely, concurrently, or jointly.
7083 (8) An order of joint legal custody or joint physical custody shall require the parenting
7084 plan contain a dispute resolution procedure that the parties agree to use:
7085 (a) in accordance with Subsection 81-9-203(10); and
7086 (b) before seeking enforcement or modification of the terms and conditions of the order
7087 of joint legal custody or joint physical custody through litigation, except in emergency
7088 situations requiring ex parte orders to protect the minor child.
7089 (9) The court shall, where possible, include in the order the terms of the parenting plan
7090 provided in accordance with Section 81-9-203.
7091 (10) Any parental rights not specifically addressed by the court order may be exercised
7092 by the parent having physical custody of the minor child the majority of the time.
7093 (11) The appointment of joint legal or physical custodians does not impair or limit the
7094 authority of the court to order support of the child, as defined in Section 81-6-101, including
7095 payments by one custodian to the other.
7096 (12) An order of joint legal custody, in itself, is not grounds for modifying a support
7097 order.
7098 [
7099 disputes by a dispute resolution method before seeking enforcement or modification of the
7100 terms and conditions of the order of joint legal custody or joint physical custody through
7101 litigation, except in emergency situations requiring ex parte orders to protect the minor child.
7102 Section 182. Section 81-9-206, which is renumbered from Section 30-3-34 is
7103 renumbered and amended to read:
7104 [
7105 factors.
7106 (1) If the parties are unable to agree on a parent-time schedule, the court may:
7107 (a) establish a parent-time schedule; or
7108 (b) order a parent-time schedule described in [
7109
7110 (2) [
7111
7112 presumption that the advisory guidelines described in Section 81-9-202 and the parent-time
7113 schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which
7114 the noncustodial parent and the minor child [
7115 (3) A court may consider the following when ordering a parent-time schedule:
7116 (a) whether parent-time would endanger the minor child's physical health or mental
7117 health, or significantly impair the minor child's emotional development;
7118 (b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
7119 abuse, involving the minor child, a parent, or a household member of the parent as described
7120 Subsection (4) and Section 81-9-204;
7121 (c) the distance between the residency of the minor child and the noncustodial parent;
7122 (d) a credible allegation of child abuse has been made;
7123 (e) the lack of demonstrated parenting skills without safeguards to ensure the minor
7124 child's well-being during parent-time;
7125 (f) the financial inability of the noncustodial parent to provide adequate food and
7126 shelter for the minor child during periods of parent-time;
7127 (g) the preference of the minor child if the court determines the minor child is of
7128 sufficient maturity;
7129 (h) the incarceration of the noncustodial parent in a county jail, secure youth
7130 corrections facility, or an adult corrections facility;
7131 (i) shared interests between the minor child and the noncustodial parent;
7132 (j) the involvement or lack of involvement of the noncustodial parent in the school,
7133 community, religious, or other related activities of the minor child;
7134 (k) the availability of the noncustodial parent to care for the minor child when the
7135 custodial parent is unavailable to do so because of work or other circumstances;
7136 (l) a substantial and chronic pattern of missing, canceling, or denying regularly
7137 scheduled parent-time;
7138 (m) the minimal duration of and lack of significant bonding in the parents' relationship
7139 before the conception of the minor child;
7140 (n) the parent-time schedule of siblings;
7141 (o) the lack of reasonable alternatives to the needs of a nursing minor child; and
7142 (p) any other criteria the court determines relevant to the best interests of the minor
7143 child.
7144 (4) The court shall enter the reasons underlying the court's order for parent-time that:
7145 (a) incorporates a parent-time schedule [
7146 described in Section 81-9-302 or 81-9-304; or
7147 (b) provides more or less parent-time than a parent-time schedule [
7148
7149 (5) A court may not order a parent-time schedule unless the court determines by a
7150 preponderance of the evidence that the parent-time schedule is in the best interest of the minor
7151 child.
7152 (6) Once the parent-time schedule has been established, the parties may not alter the
7153 parent-time schedule except by mutual consent of the parties or a court order.
7154 (7) (a) If the court orders parent-time and a protective order or stalking injunction is
7155 still in place, the court shall consider whether to order the parents to conduct parent-time
7156 pick-up and transfer through a third party.
7157 (b) The parent who is the stated victim in the protective order or stalking injunction
7158 may submit to the court, and the court shall consider, the name of a person considered suitable
7159 to act as the third party.
7160 (c) If the court orders the parents to conduct parent-time through a third party, the
7161 parenting plan shall specify the time, day, place, manner, and the third party to be used to
7162 implement the exchange.
7163 (8) If there is a protective order, stalking injunction, or the court finds that a parent has
7164 committed domestic violence, the court shall:
7165 (a) consider the impact of domestic violence in awarding parent-time; and
7166 (b) make specific findings regarding the award of parent-time.
7167 (9) Upon a specific finding by the court of the need for peace officer enforcement, the
7168 court may include a provision in an order for parent-time that authorizes a peace officer to
7169 enforce the order for parent-time.
7170 (10) When parent-time has not taken place for an extended period of time and the
7171 minor child lacks an appropriate bond with the noncustodial parent, both parents shall consider
7172 the possible adverse effects upon the minor child and gradually reintroduce an appropriate
7173 parent-time plan for the noncustodial parent.
7174 Section 183. Section 81-9-207, which is renumbered from Section 30-3-34.5 is
7175 renumbered and amended to read:
7176 [
7177 [
7178
7179
7180
7181
7182
7183
7184 (1) If it is necessary to protect a minor child and there is no less restrictive means
7185 reasonably available, a court may order supervised parent-time if the court finds evidence that
7186 the minor child would be subject to physical or emotional harm or child abuse, as described in
7187 Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114, from the noncustodial parent if left
7188 unsupervised with the noncustodial parent.
7189 (2) (a) A court that orders supervised parent-time shall give preference to persons
7190 suggested by the parties to supervise, including relatives.
7191 (b) If the court finds that the persons suggested by the parties are willing to supervise,
7192 and are capable of protecting the [
7193 child abuse, the court shall authorize the persons to supervise parent-time.
7194 [
7195 [
7196 services of a professional individual or agency to exercise their supervised parent-time.
7197 [
7198 (a) whether the cost of professional or agency services is likely to prevent the
7199 noncustodial parent from exercising parent-time; and
7200 (b) whether the requirement for supervised parent-time should expire after a set period
7201 of time.
7202 [
7203 goals and expectations for the noncustodial parent to accomplish before unsupervised
7204 parent-time may be granted.
7205 (b) The court shall schedule one or more follow-up hearings to revisit the issue of
7206 supervised parent-time.
7207 [
7208 for supervised parent-time if the noncustodial parent can demonstrate that the specific goals
7209 and expectations set by the court [
7210 accomplished.
7211 The following section is affected by a coordination clause at the end of this bill.
7212 Section 184. Section 81-9-208, which is renumbered from Section 30-3-10.4 is
7213 renumbered and amended to read:
7214 [
7215 order -- Noncompliance with a parent-time order.
7216 (1) The court has continuing jurisdiction to make subsequent changes to modify:
7217 (a) custody of a minor child if there is a showing of a substantial and material change
7218 in circumstances since the entry of the order; and
7219 (b) parent-time for a minor child if there is a showing that there is a change in
7220 circumstances since the entry of the order.
7221 [
7222 custodians if they are not the parents, the court may, after a hearing, modify or terminate an
7223 order that established joint legal custody or joint physical custody if:
7224 (a) the verified petition or accompanying affidavit initially alleges that admissible
7225 evidence will show that there has been a substantial and material change in the circumstances
7226 of the minor child or one or both parents or joint legal or physical custodians [
7227
7228 (b) a modification of the terms and conditions of the order would be an improvement
7229 for and in the best interest of the minor child; and
7230 (c) (i) both parents have complied in good faith with the dispute resolution procedure
7231 in accordance with Subsection [
7232 (ii) if no dispute resolution procedure is contained in the order that established joint
7233 legal custody or joint physical custody, the court orders the parents to participate in a dispute
7234 resolution procedure in accordance with Subsection [
7235 parents certify that, in good faith, they have used a dispute resolution procedure to resolve their
7236 dispute.
7237 [
7238 either modifying or terminating the joint legal custody or joint physical custody order, the court
7239 shall, in addition to other factors the court considers relevant, consider the factors [
7240
7241 (b) A court order modifying or terminating an existing joint legal custody or joint
7242 physical custody order shall contain written findings that:
7243 (i) a [
7244 occurred; and
7245 (ii) a modification of the terms and conditions of the order would be an improvement
7246 for and in the best interest of the minor child.
7247 (c) The court shall give substantial weight to the existing joint legal custody or joint
7248 physical custody order when the minor child is thriving, happy, and well-adjusted.
7249 [
7250 legal custody or joint physical custody order, consider reasonable alternatives to preserve the
7251 existing order in accordance with [
7252 (5) The court may modify the terms and conditions of the existing order in accordance
7253 with [
7254 accordance with [
7255 [
7256 joint physical custody or both, or any other type of shared parenting arrangement, shall file and
7257 serve a proposed parenting plan with the petition to modify in accordance with Section
7258 [
7259 [
7260
7261
7262 [
7263 deployment of one or both parents who are service members, and the service member has not
7264 yet been notified of deployment, the court shall resolve the issue based on the standards in
7265 Sections 78B-20-306 through 78B-20-309.
7266 (8) If the court finds that an action to modify custody or parent-time is filed or
7267 answered frivolously and, in a manner, designed to harass the other party, the court shall assess
7268 attorney fees as costs against the offending party.
7269 (9) If a petition to modify custody or parent-time provisions of a court order is made
7270 and denied, the court shall order the petitioner to pay the reasonable attorney fees expended by
7271 the prevailing party in that action if the court determines that the petition was without merit and
7272 not asserted or defended against in good faith.
7273 (10) If a motion or petition alleges noncompliance with a parent-time order by a parent,
7274 or a visitation order by a grandparent or other member of the immediate family where a
7275 visitation or parent-time right has been previously granted by the court, the court:
7276 (a) may award to the prevailing party:
7277 (i) actual attorney fees incurred;
7278 (ii) the costs incurred by the prevailing party because of the other party's failure to
7279 provide or exercise court-ordered visitation or parent-time, including:
7280 (A) court costs;
7281 (B) child care expenses;
7282 (C) transportation expenses actually incurred;
7283 (D) lost wages, if ascertainable; or
7284 (E) counseling for a parent or a minor child if ordered or approved by the court; or
7285 (iii) any other appropriate equitable remedy; and
7286 (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
7287 parent-time is not in the best interest of the minor child.
7288 Section 185. Section 81-9-209, which is renumbered from Section 30-3-37 is
7289 renumbered and amended to read:
7290 [
7291 schedule.
7292 (1) [
7293 150 miles or more from the residence of the other parent.
7294 (2) The relocating parent shall provide [
7295
7296 parent intends to relocate.
7297 (3) The written notice of relocation under Subsection (2) shall contain statements
7298 affirming [
7299 (a) the parent-time provisions in Subsection [
7300 approved by both parties will be followed; and
7301 (b) [
7302 pursuant to court ordered parent-time arrangements[
7303 both parties.
7304 [
7305 schedule a hearing with notice to:
7306 (a) review the notice of relocation and [
7307
7308 (b) make appropriate orders regarding the parent-time schedule and costs for
7309 parent-time transportation.
7310 [
7311 if the relocation of a custodial parent is in the best interest of the minor child, consider any
7312 other factors that the court considers relevant to the determination.
7313 (6) If the court determines that relocation is not in the best interest of the minor child,
7314 and the custodial parent relocates, the court may order a change of custody.
7315 [
7316 child, the court shall determine the parent-time schedule and allocate the transportation costs
7317 that will be incurred for the minor child to visit the noncustodial parent.
7318 (b) In making [
7319 shall consider:
7320 [
7321 [
7322 [
7323 [
7324 (8) If a parent relocates because of an act of domestic violence or family violence by
7325 the other parent, the court shall make specific findings and orders with regard to the application
7326 of this section.
7327 [
7328
7329
7330 noncustodial parent is entitled to a minor child who is five to 18 years old:
7331 (a) in years ending in an odd number, the minor child shall spend the following
7332 holidays with the noncustodial parent:
7333 (i) Thanksgiving holiday beginning Wednesday until Sunday; and
7334 (ii) Spring break, if applicable, beginning the last day of school before the holiday until
7335 the day before school resumes;
7336 (b) in years ending in an even number, the minor child shall spend the following
7337 holidays with the noncustodial parent:
7338 (i) the entire winter school break period; and
7339 (ii) the Fall school break beginning the last day of school before the holiday until the
7340 day before school resumes;
7341 (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
7342 weeks[
7343
7344
7345 (d) one weekend per month, at the option and expense of the noncustodial parent.
7346 (10) For extended parent-time under Subsection (9)(c), the minor child should be
7347 returned to the custodial home no later than seven days before school begins, except that this
7348 week is counted when determining the amount of parent-time to be divided between the parents
7349 for the summer or off-track period.
7350 [
7351
7352 (b) The schedule shall take into consideration the following:
7353 [
7354 [
7355 [
7356 [
7357 [
7358 and
7359 [
7360 [
7361 following restrictions.
7362 (a) (i) If the noncustodial parent has not designated a specific weekend for parent-time,
7363 the noncustodial parent shall receive the last weekend of each month unless a holiday assigned
7364 to the custodial parent falls on that particular weekend.
7365 (ii) If a holiday assigned to the custodial parent falls on the last weekend of the month,
7366 the noncustodial parent [
7367 (b) If a noncustodial parent's extended parent-time or parent-time over a holiday
7368 extends into or through the first weekend of the next month, that weekend shall be considered
7369 the noncustodial parent's monthly weekend entitlement for that month.
7370 (c) If a minor child is out of school for teacher development days or snow days after
7371 the [
7372 holidays in Subsection [
7373 monthly weekend parent-time, those days shall be included in the weekend parent-time.
7374 [
7375 the noncustodial parent.
7376 [
7377 parent-time for the noncustodial parent during the school year, the court should consider
7378 awarding more time for the noncustodial parent during the summer time if it is in the best
7379 interests of the [
7380 [
7381 parent-time with the noncustodial parent for a minimum of 30 days during extended
7382 parent-time, unless the court finds it is not in the best [
7383 (b) If the court orders uninterrupted parent-time during a period not covered by this
7384 section, [
7385 travel expenses.
7386 [
7387 responsible for all the minor child's travel expenses relating to Subsections [
7388 (b) and 1/2 of the minor child's travel expenses relating to Subsection [
7389 the noncustodial parent is current on all support obligations.
7390 (b) If the noncustodial parent has been found in contempt for not being current on all
7391 support obligations, the noncustodial parent [
7392 travel expenses under Subsection [
7393 (c) [
7394 other for the minor child's travel expenses [
7395 documents detailing those expenses.
7396 [
7397 [
7398 [
7399 [
7400 Section 186. Section 81-9-301 is enacted to read:
7401
7402 81-9-301. Definitions for part.
7403 As used in this part:
7404 (1) "Juneteenth National Freedom Day" means the day on which the Juneteenth
7405 National Freedom Day holiday is celebrated in this state in accordance with Section
7406 63G-1-301.
7407 (2) "Weekends" include, for a parent-time schedule under Sections 81-9-302 and
7408 81-9-303, any snow days, teacher development days, or other days when school is not
7409 scheduled and that are contiguous to the weekend period.
7410 Section 187. Section 81-9-302, which is renumbered from Section 30-3-35 is
7411 renumbered and amended to read:
7412 [
7413 to 18 years old.
7414 [
7415 [
7416
7417
7418 [
7419
7420 [
7421 18 years old.
7422 [
7423 described in Subsection [
7424 parent-time to which the noncustodial parent is entitled to the minor child:
7425 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
7426 Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
7427 (ii) at the election of the noncustodial parent, one weekday to be specified by the
7428 noncustodial parent or the court:
7429 (A) beginning at the time that the minor child's school is regularly dismissed and
7430 ending at 8:30 p.m.; or
7431 (B) if school is not in session, the noncustodial parent is available to be with the minor
7432 child, and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
7433 ending at 8:30 p.m.;
7434 (b) (i) beginning on the first weekend after entry of the decree, alternating weekends
7435 beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
7436 (ii) at the election of the noncustodial parent and beginning on the first weekend after
7437 the entry of the decree, alternating weekends:
7438 (A) beginning at the time that the minor child's school is regularly dismissed on Friday
7439 and ending on Sunday at 7 p.m.; or
7440 (B) if school is not in session, the noncustodial parent is available to be with the minor
7441 child, and in accommodation with the custodial parent's work schedule, beginning on Friday at
7442 9 a.m. and ending on Sunday at 7 p.m.;
7443 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7444 schedule described in Subsection [
7445 (d) extended parent-time with the minor child when school is not in session for
7446 summer break in accordance with Subsection [
7447 [
7448 (2)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to
7449 four weeks of parent-time with the minor child, which may be consecutive, when school is not
7450 in session for summer break.
7451 (b) For the four weeks of extended parent-time for a noncustodial parent under
7452 Subsection [
7453 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
7454 noncustodial parent; and
7455 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
7456 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
7457 parent-time.
7458 (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
7459 two weeks, which may be consecutive, when school is not in session for summer break.
7460 [
7461 plans for the exercise of extended parent-time for summer break under Subsection [
7462 (b) For the notification requirement under Subsection [
7463 (i) in odd-numbered years:
7464 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
7465 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
7466 (ii) in even-numbered years:
7467 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
7468 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
7469 (c) (i) If a parent fails to provide a notification within the time periods described in
7470 Subsection [
7471 for the noncomplying parent.
7472 (ii) If both parents fail to provide notice within the time periods described in
7473 Subsection [
7474 summer break for the other parent.
7475 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
7476 Subsection [
7477 noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which
7478 the custodial parent receives notification of the noncustodial parent's plans for the exercise of
7479 interrupted extended parent-time.
7480 [
7481 of the divorce decree or court order, except that the election may be changed by mutual
7482 agreement, court order, or by the noncustodial parent in the event of a change in the minor
7483 child's schedule.
7484 (b) An election by either parent concerning parent-time shall be made a part of the
7485 decree and made a part of the parent-time order.
7486 [
7487 except that if a conflict arises in the parent-time schedule, the following order of precedence
7488 shall be applied when determining which parent is entitled to parent-time:
7489 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
7490 (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
7491 uninterrupted extended parent-time under Subsection [
7492 from that parent's residence during the uninterrupted extended parent-time;
7493 (iii) the holiday schedule for any holiday under Subsection [
7494 Father's Day, Mother's Day, or the minor child's birthday;
7495 (iv) extended parent-time under Subsection [
7496 (v) the schedule for weekday or weekend parent-time.
7497 (b) A parent exercising parent-time for the minor child's birthday may bring other
7498 siblings along for the minor child's birthday.
7499 [
7500 noncustodial parent, may pick up the minor child for parent-time if the custodial parent is
7501 aware of the identity of the individual and the noncustodial parent will be with the minor child
7502 by 7 p.m.
7503 [
7504 parent-time shall be responsible for the minor child's attendance at school for that school day.
7505 [
7506 schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the
7507 parent's half of the holiday, the minor children may remain together for the holiday period
7508 beginning the first evening that all minor children's schools are dismissed for the holiday and
7509 ending the evening before any minor child returns to school.
7510 [
7511 duration.
7512 (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
7513 reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
7514 (ii) If the parties cannot agree on whether the equipment is reasonably available, the
7515 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
7516 into consideration:
7517 (A) the best interests of the minor child;
7518 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
7519 (C) any other factors the court considers material.
7520 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
7521 [
7522 years old and both minor children are the [
7523 parents and the court should consider an upward deviation for parent-time with all the minor
7524 children so that parent-time is uniform based on a schedule under this section.
7525 [
7526 section.
| 7527 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 7528 | Dr. Martin Luther King Jr. Day | (1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Dr. Martin Luther King Jr. Day. | Odd years | Even years |
| 7529 | President's Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7530 | Spring Break | (1) Holiday begins at 6 p.m. on the day that school dismisses for spring break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7531 | Memorial Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Memorial Day. | Even years | Odd years |
| 7532 | Mother's Day | (1) Holiday begins on Mother's Day at 9 a.m. (2) Holiday ends on Mother's Day at 7 p.m. | All years if noncustodial parent is the mother or other parent granted the holiday in the order. | All years if custodial parent is the mother or other parent granted the holiday in the order. |
| 7533 | Father's Day | (1) Holiday begins on Father's Day at 9 a.m. (2) Holiday ends on Father's Day at 7 p.m. | All years if noncustodial parent is the father or other parent granted the holiday in the order. | All years if custodial parent is the father or other parent granted the holiday in the order. |
| 7534 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 7535 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 7536 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 7537 | Labor Day | (1) Holiday begins on Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Labor Day. | Odd years | Even years |
| 7538 | Columbus Day | (1) Holiday begins at 6 p.m. on the day before Columbus Day. (2) Holiday ends at 7 p.m. on Columbus Day. | Even years | Odd years |
| 7539 | Fall Break | (1) Holiday begins at 6 p.m. on the day school is dismissed for fall break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7540 | Halloween | (1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community: (a) at the time that school is dismissed; or (b) at 4 p.m. if there is no school. (2) Holiday ends at 9 p.m. on the same day the holiday begins. | Even years | Odd years |
| 7541 | Veterans Day | (1) Holiday begins at 6 p.m. on the day before Veterans Day. (2) Holiday ends at 7 p.m. on Veterans Day. | Odd years | Even years |
| 7542 | Thanksgiving | (1) Holiday begins on Wednesday at: (a) 6 p.m.; or (b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7543 | Winter Break (First Half) | (1) Holiday begins at: (a) 6 p.m. on the day on that school dismisses for winter break; or (b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday. (2) Holiday ends on December 27th at 7 p.m. | Odd years | Even years |
| 7544 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7545 | Day of Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 7546 | Day Before or After Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
7547 Section 188. Section 81-9-303, which is renumbered from Section 30-3-35.1 is
7548 renumbered and amended to read:
7549 [
7550 to 18 years old.
7551 [
7552 [
7553
7554
7555 [
7556
7557 [
7558 who is five to 18 years old.
7559 (b) For purposes of calculating child support, the optional parent-time schedule in this
7560 section is 145 overnights.
7561 (c) Any impact on child support shall be consistent with joint physical custody[
7562
7563 [
7564 this section as a minimum parent-time schedule when the parties agree or the noncustodial
7565 parent can demonstrate:
7566 (a) the noncustodial parent has been actively involved in the minor child's life;
7567 (b) the parties can communicate effectively regarding the minor child or the
7568 noncustodial parent has a plan to accomplish effective communications regarding the minor
7569 child;
7570 (c) the noncustodial parent has the ability to facilitate the increased parent-time;
7571 (d) the increased parent-time would be in the best interest of the minor child; and
7572 (e) any other factor the court considers relevant.
7573 [
7574 minor child's life, the court shall consider:
7575 (a) demonstrated responsibility in caring for the minor child;
7576 (b) involvement in childcare;
7577 (c) presence or volunteer efforts in the minor child's school and at extracurricular
7578 activities;
7579 (d) assistance with the minor child's homework;
7580 (e) involvement in preparation of meals, bath time, and bedtime for the minor child;
7581 (f) bonding with the minor child; and
7582 (g) any other factor the court considers relevant.
7583 [
7584 increased parent-time, the court shall consider:
7585 (a) the geographic distance between the residences of the parents and the distance
7586 between the parents' residences and the minor child's school;
7587 (b) the noncustodial parent's ability to assist with after school care;
7588 (c) the health of the minor child and the noncustodial parent in accordance with
7589 Subsection [
7590 (d) flexibility of employment or another schedule of the noncustodial parent;
7591 (e) ability to provide appropriate playtime with the minor child;
7592 (f) history and ability of the noncustodial parent to implement a flexible schedule for
7593 the minor child;
7594 (g) physical facilities of the noncustodial parent's residence; and
7595 (h) any other factor the court considers relevant.
7596 [
7597 schedule under this section, a parenting plan in compliance with [
7598
7599 parent-time schedule described in Subsection [
7600 [
7601 noncustodial parent is entitled to the minor child:
7602 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
7603 Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
7604 delivering the minor child to school or at 8 a.m. if there is no school; or
7605 (ii) at the election of the noncustodial parent, one weekday specified by the
7606 noncustodial parent or the court:
7607 (A) beginning at the time the minor child's school is regularly dismissed until the
7608 following day upon delivering the minor child to school or at 8 a.m. if there is no school; or
7609 (B) if there is no school, the noncustodial parent is available to be with the minor child,
7610 and in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and
7611 ending on the following day upon delivering the minor child to school or at 8 a.m. if there is no
7612 school;
7613 (b) (i) beginning the first weekend after the entry of the decree, alternating weekends
7614 beginning at 6 p.m. on Friday and ending on Monday upon delivering the minor child to school
7615 or at 8 a.m. if there is no school; or
7616 (ii) at the election of the noncustodial parent, beginning the first weekend after the
7617 entry of the decree, alternating weekends:
7618 (A) beginning at the time the minor child's school is regularly dismissed on Friday and
7619 ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no school;
7620 or
7621 (B) if there is no school, the noncustodial parent is available to be with the minor child,
7622 and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
7623 and ending on Monday upon delivering the minor child to school or at 8 a.m. if there is no
7624 school;
7625 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7626 schedule described in Subsection [
7627 (d) extended parent-time with the minor child when school is not in session for
7628 summer break in accordance with Subsection [
7629 [
7630 (6)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to
7631 four weeks of parent-time with the minor child, which may be consecutive, when school is not
7632 in session for summer break.
7633 (b) For the four weeks of extended parent-time for a noncustodial parent under
7634 Subsection [
7635 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
7636 noncustodial parent; and
7637 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
7638 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
7639 parent-time.
7640 (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
7641 two weeks, which may be consecutive, when school is not in session for summer break.
7642 [
7643 plans for the exercise of parent-time for summer break under Subsection [
7644 (b) For the notification requirement under Subsection [
7645 (i) in odd-numbered years:
7646 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
7647 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
7648 (ii) in even-numbered years:
7649 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
7650 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
7651 (c) (i) If a parent fails to provide a notification within the time periods described in
7652 Subsection [
7653 for the noncomplying parent.
7654 (ii) If both parents fail to provide notice within the time periods described in
7655 Subsection [
7656 summer break for the other parent.
7657 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
7658 Subsection [
7659 noncustodial parent of the intent to interrupt parent-time within 10 days after the day on which
7660 the custodial parent receives notification of the noncustodial parent's plans for the exercise of
7661 interrupted extended parent-time.
7662 [
7663 entry of the divorce decree or court order, except that the election may be changed by mutual
7664 agreement, court order, or by the noncustodial parent in the event of a change in the minor
7665 child's schedule.
7666 (b) An election by either parent concerning parent-time shall be made a part of the
7667 decree and made a part of the parent-time order.
7668 [
7669 section, except that if a conflict arises in the parent-time schedule, the following order of
7670 precedence shall be applied when determining which parent is entitled to parent-time:
7671 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
7672 (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
7673 uninterrupted extended parent-time under Subsection [
7674 from that parent's residence during the uninterrupted extended parent-time;
7675 (iii) the holiday schedule for any holiday under Subsection [
7676 Father's Day, Mother's Day, or the minor child's birthday;
7677 (iv) extended parent-time under Subsection [
7678 (v) the schedule for weekday or weekend parent-time.
7679 (b) A parent exercising parent-time for the minor child's birthday may bring other
7680 siblings along for the minor child's birthday.
7681 [
7682 noncustodial parent, may pick up the minor child for parent-time if the custodial parent is
7683 aware of the identity of the individual and the noncustodial parent will be with the minor child
7684 by 7 p.m.
7685 [
7686 parent-time shall be responsible for the minor child's attendance at school for that school day.
7687 [
7688 schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the
7689 parent's half of the holiday, the minor children may remain together for the holiday period
7690 beginning the first evening that all minor children's schools are dismissed for the holiday and
7691 ending the evening before any minor child returns to school.
7692 [
7693 years old and both minor children are the [
7694 parents and the court should consider an upward deviation for parent-time with all the minor
7695 children so that parent-time is uniform based on a schedule under this section.
7696 [
7697 section.
| 7698 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 7699 | Dr. Martin Luther King Jr. Day | (1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering of the minor child to school on the day following Dr. Martin Luther King Jr. Day; or (b) at 8 a.m. on the day following Dr. Martin Luther King Jr. Day if there is no school. | Odd years | Even years |
| 7700 | President's Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the day following President's Day; or (b) at 8 a.m. on the day following President's Day if there is no school. | Even years | Odd years |
| 7701 | Spring Break | (1) Holiday begins at 6 p.m. on the day that school dismisses for spring break. (2) Holiday ends: (a) upon delivering the minor child to school on the day following the end of spring break; or (b) at 8 a.m. on the day following the end of spring break if there is no school. | Odd years | Even years |
| 7702 | Memorial Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the day following Memorial Day; or (b) at 8 a.m. on the day following Memorial Day if there is no school. | Even years | Odd years |
| 7703 | Mother's Day | (1) Holiday begins on Mother's Day at 9 a.m. (2) Holiday ends on Mother's Day at 7 p.m. | All years if noncustodial parent is the mother or other parent designated in the order. | All years if custodial parent is the mother or other parent designated in the order. |
| 7704 | Father's Day | (1) Holiday begins on Father's Day at 9 a.m. (2) Holiday ends on Father's Day at 7 p.m. | All years if noncustodial parent is the father or other parent designated in the order. | All years if custodial parent is the father or other parent designated in the order. |
| 7705 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 7706 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 7707 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 7708 | Labor Day | (1) Holiday begins Friday at: (a) 9 a.m. if school is not in session and the parent can be with the minor child; (b) the time that school is regularly dismissed; or (c) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the day following Labor Day; or (b) at 8 a.m. on the day following Labor Day if there is no school. | Odd years | Even years |
| 7709 | Columbus Day | (1) Holiday begins at 6 p.m. on the day before Columbus Day. (2) Holiday ends at 7 p.m. on Columbus Day. | Even years | Odd years |
| 7710 | Fall Break | (1) Holiday begins at 6 p.m. on the day school is dismissed for fall break. (2) Holiday ends: (a) upon delivering the minor child to school on the day following the end of fall break; or (b) at 8 a.m. on the day following the end of fall break if there is no school. | Odd years | Even years |
| 7711 | Halloween | (1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community: (a) at the time that school is dismissed; or (b) at 4 p.m. if there is no school. (2) Holiday ends at 9 p.m. on the same day the holiday begins. | Even years | Odd years |
| 7712 | Veterans Day | (1) Holiday begins at 6 p.m. on the day before Veterans Day. (2) Holiday ends at 7 p.m. on Veterans Day. | Odd years | Even years |
| 7713 | Thanksgiving | (1) Holiday begins on Wednesday at: (a) 6 p.m.; or (b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday. (2) Holiday ends: (a) upon delivering the minor child to school on the Monday following Thanksgiving; or (b) at 8 a.m. on the Monday following Thanksgiving if there is no school. | Even years | Odd years |
| 7714 | Winter Break (First Half) | (1) Holiday begins at: (a) 6 p.m. on the day that school dismisses for winter break; or (b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday. (2) Holiday ends on December 27th at 7 p.m. | Odd years | Even years |
| 7715 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends upon delivering the minor child to school on the day that school resumes after the winter break. | Even years | Odd years |
| 7716 | Day of Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 7717 | Day Before or After Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
7718 Section 189. Section 81-9-304, which is renumbered from Section 30-3-35.5 is
7719 renumbered and amended to read:
7720 [
7721 under five years old.
7722 [
7723
7724
7725 [
7726 younger than five years old.
7727 [
7728 Subsections [
7729 the noncustodial parent is entitled to the minor child.
7730 [
7731 parent is entitled to:
7732 (a) three two-hour visits every week; and
7733 (b) two hours for each holiday granted to the noncustodial parent in the holiday
7734 schedule under Subsection [
7735 [
7736 months old, the noncustodial parent is entitled to:
7737 (a) three three-hour visits every week; and
7738 (b) two hours for each holiday granted to the noncustodial parent in the holiday
7739 schedule under Subsection [
7740 [
7741 old, the noncustodial parent is entitled to [
7742 (a) one eight-hour visit every week;
7743 (b) one three-hour visit every week; and
7744 (c) eight hours for each holiday granted to the noncustodial parent in accordance with
7745 the holiday schedule under Subsection [
7746 [
7747 old, the noncustodial parent is entitled to:
7748 (a) one three-hour visit every week;
7749 (b) one eight-hour visit on alternating weekends to be specified by the noncustodial
7750 parent or court;
7751 (c) an overnight visit on opposite weekends from Subsection [
7752 at 6 p.m. on Friday and ending at noon on Saturday; and
7753 (d) eight hours for each holiday granted to the noncustodial parent in the holiday
7754 schedule under Subsection [
7755 [
7756 old, the noncustodial parent is entitled to:
7757 (a) one weekday evening to be specified by the noncustodial parent or the court:
7758 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
7759 (ii) if the minor child is being cared for during the day outside the minor child's regular
7760 place of residence and with advance notice to the custodial parent, beginning at the time that
7761 the minor child is picked up from the caregiver and ending at 8:30 p.m.;
7762 (b) beginning on the first weekend after the entry of the decree, alternating weekends
7763 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
7764 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7765 schedule described in Subsection [
7766 (d) extended parent-time for two one-week periods, separated by at least four weeks, at
7767 the option of the noncustodial parent, as follows:
7768 (i) one week of uninterrupted parent-time for the noncustodial parent; and
7769 (ii) one week of interrupted parent-time where the custodial parent may have an equal
7770 amount of weekday parent-time as the noncustodial parent on the same day on which the
7771 noncustodial parent is granted weekday parent-time under Subsection [
7772 [
7773 old, the noncustodial parent is entitled to:
7774 (a) one weekday evening to be specified by the noncustodial parent or the court:
7775 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
7776 (ii) if the minor child is being cared for during the day outside the minor child's regular
7777 place of residence and with advance notice to the custodial parent, beginning at the time that
7778 the minor child is picked up from the caregiver and ending at 8:30 p.m.;
7779 (b) beginning on the first weekend after the entry of the decree, alternating weekends
7780 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
7781 (c) each holiday granted to the noncustodial parent in accordance with the holiday
7782 schedule described in Subsection [
7783 (d) extended parent-time for two two-week periods, separated by at least four weeks, at
7784 the option of the noncustodial parent, as follows:
7785 (i) two weeks of uninterrupted parent-time, which may be consecutive, for the
7786 noncustodial parent; and
7787 (ii) two weeks of interrupted parent-time, which may be consecutive, where the
7788 custodial parent may have an equal amount of weekday parent-time as the noncustodial parent
7789 on the same day on which the noncustodial parent is granted weekday parent-time under
7790 Subsection [
7791 [
7792 old, the custodial parent is entitled to one week of uninterrupted extended parent-time.
7793 [
7794 parent shall have at least two times a week:
7795 (i) brief telephone contact at reasonable hours and for a reasonable duration; and
7796 (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
7797 at least 100 miles apart, at reasonable hours and for reasonable duration.
7798 (b) If the parties cannot agree on whether the equipment is reasonably available, the
7799 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
7800 into consideration:
7801 (i) the best interests of the minor child;
7802 (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
7803 (iii) any other factors the court considers material.
7804 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
7805 [
7806 agree otherwise, parent-time should take place in the home of the custodial parent, an
7807 established child-care setting, or other environment familiar to the minor child.
7808 [
7809 section, except that if a conflict arises in the parent-time schedule, the following order of
7810 precedence shall be applied when determining which parent is entitled to parent-time:
7811 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
7812 (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
7813 uninterrupted extended parent-time under Subsection [
7814 (9) and takes the minor child away from that parent's residence during the uninterrupted
7815 extended parent-time;
7816 (iii) the holiday schedule for any holiday under Subsection [
7817 Father's Day, Mother's Day, or the minor child's birthday;
7818 (iv) extended parent-time under Subsection [
7819 (9); and
7820 (v) the schedule for weekday or weekend parent-time.
7821 (b) A parent exercising parent-time for the minor child's birthday may bring other
7822 siblings along for the minor child's birthday.
7823 [
7824 parent-time shall be responsible for the minor child's attendance at school for that school day.
7825 [
7826 parent's plans for the exercise of extended parent-time under Subsection [
7827 (7)(d), (8)(d), or (9).
7828 [
7829 section.
| 7830 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 7831 | Dr. Martin Luther King Jr. Day | (1) Holiday begins on Friday at:(a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Dr. Martin Luther King Jr. Day. | Odd years | Even years |
| 7832 | President's Day | (1) Holiday begins on Friday at: (a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on President's Day. | Even years | Odd years |
| 7833 | Spring Break | (1) Holiday begins at 6 p.m. on the day that school dismisses for spring break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7834 | Memorial Day | (1) Holiday begins on Friday at: (a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Memorial Day. | Even years | Odd years |
| 7835 | Mother's Day | (1) Holiday begins on Mother's Day at 9 a.m. (2) Holiday ends on Mother's Day at 7 p.m. | All years if noncustodial parent is the mother or other parent designated in the order. | All years if custodial parent is the mother or other parent designated in the order. |
| 7836 | Father's Day | (1) Holiday begins on Father's Day at 9 a.m. (2) Holiday ends on Father's Day at 7 p.m. | All years if noncustodial parent is the father or other parent designated in the order. | All years if custodial parent is the father or other parent designated in the order. |
| 7837 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 7838 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 7839 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 7840 | Labor Day | (1) Holiday begins on Friday at: (a) 9 a.m. if the parent is available to be with the minor child; or (b) 6 p.m. at the election of the parent granted the holiday. (2) Holiday ends at 7 p.m. on Labor Day. | Odd years | Even years |
| 7841 | Columbus Day | (1) Holiday begins at 6 p.m. on the day before Columbus Day. (2) Holiday ends at 7 p.m. on Columbus Day. | Even years | Odd years |
| 7842 | Fall Break | (1) Holiday begins at 6 p.m. on the day school is dismissed for fall break. (2) Holiday ends at 7 p.m. on the day before school resumes. | Odd years | Even years |
| 7843 | Halloween | (1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community: (a) at the time that school is dismissed; or (b) at 4 p.m. if there is no school. (2) Holiday ends at 9 p.m. on the same day the holiday begins. | Even years | Odd years |
| 7844 | Veterans Day | (1) Holiday begins at 6 p.m. on the day before Veterans Day. (2) Holiday ends at 7 p.m. on Veterans Day. | Odd years | Even years |
| 7845 | Thanksgiving | (1) Holiday begins at 6 p.m. on the day that school dismisses for Thanksgiving. (2) Holiday ends at 7 p.m. on day before school resumes. | Even years | Odd years |
| 7846 | Winter Break (First Half) | (1) Holiday begins at 6 p.m. on the day on that school dismisses for winter break. (2) Holiday ends on December 27th at 7 p.m. | Odd years | Even years |
| 7847 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends at 7 p.m. on the day before school resumes. | Even years | Odd years |
| 7848 | Day of Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 7849 | Day Before or After Minor Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
7850 Section 190. Section 81-9-305, which is renumbered from Section 30-3-35.2 is
7851 renumbered and amended to read:
7852 [
7853 (1) (a) A court may order the equal parent-time schedule described in this section if the
7854 court determines that:
7855 (i) the equal parent-time schedule is in the minor child's best interest;
7856 (ii) each parent has been actively involved in the minor child's life; and
7857 (iii) each parent can effectively facilitate the equal parent-time schedule.
7858 (b) To determine whether each parent has been actively involved in the minor child's
7859 life, the court shall consider:
7860 (i) each parent's demonstrated responsibility in caring for the minor child;
7861 (ii) each parent's involvement in child care;
7862 (iii) each parent's presence or volunteer efforts in the minor child's school and at
7863 extracurricular activities;
7864 (iv) each parent's assistance with the minor child's homework;
7865 (v) each parent's involvement in preparation of meals, bath time, and bedtime for the
7866 minor child;
7867 (vi) each parent's bond with the minor child; and
7868 (vii) any other factor the court considers relevant.
7869 (c) To determine whether each parent can effectively facilitate the equal parent-time
7870 schedule, the court shall consider:
7871 (i) the geographic distance between the residence of each parent and the distance
7872 between each residence and the minor child's school;
7873 (ii) each parent's ability to assist with the minor child's after school care;
7874 (iii) the health of the minor child and each parent, consistent with Subsection
7875 [
7876 (iv) the flexibility of each parent's employment or other schedule;
7877 (v) each parent's ability to provide appropriate playtime with the minor child;
7878 (vi) each parent's history and ability to implement a flexible schedule for the minor
7879 child;
7880 (vii) physical facilities of each parent's residence; and
7881 (viii) any other factor the court considers relevant.
7882 (2) (a) If the parties agree to or the court orders the equal parent-time schedule
7883 described in this section, a parenting plan in accordance with [
7884
7885 schedule.
7886 (b) An order under this section shall result in 182 overnights per year for one parent,
7887 and 183 overnights per year for the other parent.
7888 (c) Under the equal parent-time schedule, [
7889 to have the minor child the majority of the time for the purposes of Subsection [
7890
7891 (d) Child support for the equal parent-time schedule shall be consistent with Section
7892 [
7893 (e) [
7894 receives 183 overnights for parent-time.
7895 [
7896
7897
7898
7899 (3) (a) Unless the parents agree otherwise and subject to a holiday, the equal
7900 parent-time schedule is as follows:
7901 (i) one parent shall exercise parent-time starting Monday morning and ending [
7902 ]Wednesday morning;
7903 (ii) the other parent shall exercise parent-time starting Wednesday morning and ending
7904 Friday morning; and
7905 (iii) each parent shall alternate weeks exercising parent-time starting Friday morning
7906 and ending Monday morning.
7907 (b) The child exchange shall take place:
7908 (i) at the time the minor child's school begins; or
7909 (ii) if school is not in session, at 9 a.m.
7910 (4) (a) The parents may create a holiday schedule.
7911 (b) If the parents are unable to create a holiday schedule under Subsection (4)(a), the
7912 court shall:
7913 (i) order the holiday schedule described in Section [
7914 and
7915 (ii) designate which parent shall exercise parent-time for each holiday described in
7916 Section [
7917 (5) (a) Each year, a parent may designate two consecutive weeks to exercise
7918 uninterrupted parent-time during the summer when school is not in session.
7919 (b) (i) One parent may make a designation at any time and the other parent may make a
7920 designation after May 1.
7921 (ii) A parent shall make a designation at least 30 days before the day on which the
7922 designated two-week period begins.
7923 (c) The court shall designate which parent may make the earlier designation described
7924 in Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make the
7925 earlier designation in an odd numbered year.
7926 (d) The two consecutive weeks described in Subsection (5)(a) take precedence over all
7927 holidays except for Mother's Day and Father's Day.
7928 Section 191. Section 81-9-401, which is renumbered from Section 30-5-1 is
7929 renumbered and amended to read:
7930
7931 [
7932 As used in this [
7933 (1) "District court" means the district court with proper jurisdiction over the
7934 [
7935 (2) "Grandchild" means the minor child with respect to whom a grandparent is seeking
7936 visitation rights under this [
7937 (3) "Grandparent" means an individual whose child, either by blood, marriage, or
7938 adoption, is the parent of the grandchild.
7939 (4) "Individual other than a parent" means an individual who is not a parent and is
7940 related to the minor child by marriage or blood, including:
7941 (a) siblings;
7942 (b) aunts;
7943 (c) uncles;
7944 (d) grandparents;
7945 (e) current or former step-parents; or
7946 (f) any of the individuals described in Subsections (4)(a) through (d) in a step
7947 relationship to the minor child.
7948 Section 192. Section 81-9-402, which is renumbered from Section 30-5a-103 is
7949 renumbered and amended to read:
7950 [
7951 parent -- Venue.
7952 (1) (a) In accordance with Section 80-2a-201, it is the public policy of this state that a
7953 parent retain the fundamental right and duty to exercise primary control over the care,
7954 supervision, upbringing, and education of [
7955 (b) There is a rebuttable presumption that a parent's decisions are in the minor child's
7956 best interests.
7957 (2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
7958 visitation rights to an individual other than a parent who, by clear and convincing evidence,
7959 establishes that:
7960 (a) the individual has intentionally assumed the role and obligations of a parent;
7961 (b) the individual and the minor child have formed a substantial emotional bond and
7962 created a parent-child type relationship;
7963 (c) the individual substantially contributed emotionally or financially to the minor
7964 child's well being;
7965 (d) the assumption of the parental role is not the result of a financially compensated
7966 surrogate care arrangement;
7967 (e) the continuation of the relationship between the individual and the minor child is in
7968 the minor child's best interest;
7969 (f) the loss or cessation of the relationship between the individual and the minor child
7970 would substantially harm the minor child; and
7971 (g) the parent:
7972 (i) is absent; or
7973 (ii) is found by a court to have abused or neglected the minor child.
7974 (3) [
7975
7976 Actions, or Section 78A-6-350, an individual shall file a verified petition, or a petition
7977 supported by an affidavit, for custodial or visitation rights to the minor child in the juvenile
7978 court if a matter is pending in the juvenile court, or in the district court in the county where the
7979 minor child:
7980 (a) currently resides; or
7981 (b) lived with a parent or an individual other than a parent who acted as a parent within
7982 six months before the commencement of the action.
7983 (4) [
7984 under this section in a pending divorce, parentage action, or other proceeding, including a
7985 proceeding in the juvenile court involving custody of or visitation with a minor child.
7986 (5) The petition shall include detailed facts supporting the petitioner's right to file the
7987 petition including the criteria set forth in Subsection (2) and residency information [
7988
7989 (6) [
7990 petition under this section against a parent who is actively serving outside the state in any
7991 branch of the military.
7992 (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
7993 the [
7994 (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
7995 (b) any individual who has court-ordered custody or visitation rights;
7996 (c) the minor child's guardian;
7997 (d) the guardian ad litem, if one has been appointed;
7998 (e) an individual or agency that has physical custody of the minor child or that claims
7999 to have custody or visitation rights; and
8000 (f) any other individual or agency that has previously appeared in any action regarding
8001 custody of or visitation with the minor child.
8002 (8) The court may order a custody evaluation to be conducted in any [
8003
8004 (9) The court may enter temporary orders in [
8005 proceeding brought under this section pending the entry of final orders.
8006 (10) Except as provided in Subsection (11), a court may not grant custody of a minor
8007 child under this section to an individual:
8008 (a) who is not the parent of the [
8009 (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
8010 contest to a felony or attempted felony involving conduct that constitutes any of the following:
8011 [
8012 76-5-114;
8013 [
8014 [
8015 [
8016 [
8017 [
8018 [
8019 [
8020 [
8021 sexual abuse of a child, as described in Section 76-5-404.3;
8022 [
8023 [
8024 76-5b-201.1; or
8025 [
8026 offense described in this Subsection (10).
8027 (11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
8028 listed in Subsection (10) that prevents a court from granting custody except as provided in this
8029 Subsection (11).
8030 (b) An individual described in Subsection (10) may only be considered for custody of a
8031 minor child if the following criteria are met by clear and convincing evidence:
8032 (i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
8033 (ii) at least 10 years have elapsed from the day on which the individual is successfully
8034 released from prison, jail, parole, or probation related to a disqualifying offense;
8035 (iii) during the 10 years before the day on which the individual files a petition with the
8036 court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
8037 an offense greater than an infraction or traffic violation that would likely impact the health,
8038 safety, or well-being of the minor child;
8039 (iv) the individual can provide evidence of successful treatment or rehabilitation
8040 directly related to the disqualifying offense;
8041 (v) the court determines that the risk related to the disqualifying offense is unlikely to
8042 cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at
8043 any time in the future when considering all of the following:
8044 (A) the minor child's age;
8045 (B) the minor child's gender;
8046 (C) the minor child's development;
8047 (D) the nature and seriousness of the disqualifying offense;
8048 (E) the preferences of a minor child who is 12 years old or older;
8049 (F) any available assessments, including custody evaluations, parenting assessments,
8050 psychological or mental health assessments, and bonding assessments; and
8051 (G) any other relevant information;
8052 (vi) the individual can provide evidence of the following:
8053 (A) the relationship with the minor child is of long duration;
8054 (B) that an emotional bond exists with the minor child; and
8055 (C) that custody by the individual who has committed the disqualifying offense ensures
8056 the best interests of the minor child are met;
8057 (vii) (A) there is no other responsible relative known to the court who has or likely
8058 could develop an emotional bond with the minor child and does not have a disqualifying
8059 offense; or
8060 (B) if there is a responsible relative known to the court that does not have a
8061 disqualifying offense, Subsection (11)(d) applies; and
8062 (viii) that the continuation of the relationship between the individual with the
8063 disqualifying offense and the minor child could not be sufficiently maintained through any type
8064 of visitation if custody were given to the relative with no disqualifying offense described in
8065 Subsection (11)(d).
8066 (c) The individual with the disqualifying offense bears the burden of proof regarding
8067 why placement with that individual is in the best interest of the minor child over another
8068 responsible relative or equally situated individual who does not have a disqualifying offense.
8069 (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
8070 to the court who does not have a disqualifying offense:
8071 (i) preference for custody is given to a relative who does not have a disqualifying
8072 offense; and
8073 (ii) before the court may place custody with the individual who has the disqualifying
8074 offense over another responsible, willing, and able relative:
8075 (A) an impartial custody evaluation shall be completed; and
8076 (B) a guardian ad litem shall be assigned.
8077 (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
8078 final decision on custody has not been made and to a case filed on or after March 25, 2017.
8079 Section 193. Section 81-9-403, which is renumbered from Section 30-5-2 is
8080 renumbered and amended to read:
8081 [
8082 (1) In accordance with the provisions and requirements of this section:
8083 (a) a grandparent has standing to bring an action requesting visitation in district court
8084 by petition; and
8085 (b) a grandparent may file a petition for visitation rights in the juvenile court or district
8086 court where a divorce proceeding or other proceeding involving custody and visitation issues is
8087 pending.
8088 (2) (a) In accordance with Section 80-2a-201, it is the public policy of this state that a
8089 parent retains the fundamental right and duty to exercise primary control over the care,
8090 supervision, upbringing, and education of [
8091 (b) A court shall presume that a parent's decision in regard to grandparent visitation is
8092 in the best interest of the parent's minor child.
8093 (3) A court may find the presumption in Subsection (2)(b) rebutted if the grandparent,
8094 by clear and convincing evidence, establishes that:
8095 (a) the grandparent has filled the role of custodian or caregiver to the grandchild that:
8096 (i) is in a manner akin to a parent; and
8097 (ii) the loss of the relationship between the grandparent and the grandchild would cause
8098 substantial harm to the grandchild; or
8099 (b) both parents are unfit or incompetent in a manner that causes potential harm to the
8100 grandchild.
8101 (4) (a) If the court finds the presumption in Subsection (2)(b) is rebutted, the court may
8102 consider whether grandparent visitation is in the best interest of the grandchild.
8103 (b) If the court considers whether grandparent visitation is in the best interest of the
8104 child, the court shall take into account the totality of the circumstances, including:
8105 (i) the reasonableness of the parent's decision to deny grandparent visitation;
8106 (ii) the age of the grandchild;
8107 (iii) the death or unavailability of a parent; and
8108 (iv) if the grandchild is 14 years old or older, the grandchild's desires regarding
8109 visitation after the court inquires of the grandchild.
8110 (5) If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent
8111 visitation is in the best interest of the grandchild, the court may issue an order for grandparent
8112 visitation.
8113 (6) [
8114 grandchild's stepparent does not diminish or alter visitation rights previously ordered under this
8115 section.
8116 (7) On the petition of a grandparent or the legal custodian of a grandchild the court
8117 may, after a hearing, modify an order regarding grandparent visitation if:
8118 (a) the circumstances of the grandchild, the grandparent, or the custodian have
8119 materially and substantially changed since the entry of the order to be modified, or the order
8120 has become unworkable or inappropriate under existing circumstances; and
8121 (b) the court determines that a modification is appropriate based upon the factors set
8122 forth in Subsections (3) and (4).
8123 (8) A grandparent may petition the court to remedy a parent's wrongful noncompliance
8124 with a visitation order.
8125 Section 194. Section 81-9-404, which is renumbered from Section 30-5a-104 is
8126 renumbered and amended to read:
8127 [
8128 This [
8129 visitation with, a minor child who has been relinquished for adoption, or adopted [
8130
8131 Section 195. Repealer.
8132 This bill repeals:
8133 Section 26B-9-227, Determination of parental liability.
8134 Section 30-1-5, Marriage solemnization -- Before unauthorized person -- Validity.
8135 Section 30-1-9.1, Parental consent to prohibited marriage of minor -- Penalty.
8136 Section 30-1-10, Affidavit before the clerk -- Penalty.
8137 Section 30-1-11, Return of license after ceremony -- Failure -- Penalty.
8138 Section 30-1-13, Solemnization without license -- Penalty.
8139 Section 30-1-14, Acting without authority -- Penalty.
8140 Section 30-1-15, Solemnization of prohibited marriage -- Penalty.
8141 Section 30-1-16, Misconduct of county clerk -- Penalty.
8142 Section 30-1-17.2, Action to determine validity of marriage -- Orders relating to
8143 parties, property, and children -- Presumption of paternity in marriage.
8144 Section 30-1-17.3, Age as basis of action to determine validity of marriage --
8145 Refusal to grant annulment.
8146 Section 30-3-2, Right of husband to divorce.
8147 Section 30-3-4, Pleadings -- Decree -- Use of affidavit -- Private records.
8148 Section 30-3-5, Disposition of property -- Maintenance and health care of parties
8149 and children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
8150 parent-time -- Alimony -- Nonmeritorious petition for modification.
8151 Section 30-3-5.1, Provision for income withholding in child support order.
8152 Section 30-3-5.4, Designation of primary and secondary health, dental, or hospital
8153 insurance coverage.
8154 Section 30-3-7, When decree becomes absolute.
8155 Section 30-3-8, Remarriage -- When unlawful.
8156 Section 30-3-10.3, Terms of joint legal or physical custody order.
8157 Section 30-3-10.5, Payments of support, maintenance, and alimony.
8158 Section 30-3-10.7, Parenting plan -- Definitions.
8159 Section 30-3-10.8, Parenting plan -- Filing -- Modifications.
8160 Section 30-3-10.10, Parenting plan -- Domestic violence.
8161 Section 30-3-10.17, Social security number in court records.
8162 Section 30-3-11.1, Family Court Act -- Purpose.
8163 Section 30-3-11.2, Appointment of counsel for child.
8164 Section 30-3-18, Waiting period for hearing after filing for divorce -- Exemption --
8165 Use of counseling and education services not to be construed as condonation or
8166 promotion.
8167 Section 30-3-32, Parent-time -- Definitions -- Considerations for parent-time --
8168 Relocation.
8169 Section 30-3-36, Special circumstances.
8170 Section 30-5a-101, Title.
8171 Section 30-5a-102, Definitions.
8172 Section 30-8-1, Title.
8173 Section 63I-1-230, Repeal dates: Title 30.
8174 Section 75-2b-101, Title.
8175 Section 78B-12-101, Title.
8176 Section 78B-12-104, Continuing jurisdiction.
8177 Section 78B-12-106, Ward of state -- Natural or adoptive parent has primary
8178 obligation to support -- Right of third party to recover support.
8179 Section 78B-12-107, Duty of obligor regardless of presence or residence of obligee.
8180 Section 78B-12-108, Support follows the child.
8181 Section 78B-12-110, Appeals.
8182 Section 78B-12-111, Court order -- Medical expenses of dependent children --
8183 Assigning responsibility for payment -- Insurance coverage -- Income withholding.
8184 Section 78B-12-116, Social Security number in court records.
8185 Section 78B-12-117, Rights are in addition to those presently existing.
8186 Section 78B-12-202, Determination of amount of support -- Rebuttable guidelines.
8187 Section 78B-12-204, Adjusted gross income.
8188 Section 78B-12-205, Calculation of obligations.
8189 Section 78B-12-206, Income in excess of tables.
8190 Section 78B-12-207, Obligation -- Adjusted gross income used.
8191 Section 78B-12-208, Joint physical custody -- Obligation calculations.
8192 Section 78B-12-209, Split custody -- Obligation calculations.
8193 Section 78B-12-211, Limitation on amount of support ordered.
8194 Section 78B-12-212.1, Pregnancy expenses.
8195 Section 78B-12-213, Determination of parental liability.
8196 Section 78B-12-215, Child care costs.
8197 Section 78B-12-219, Adjustment when child becomes emancipated.
8198 Section 196. Effective date.
8199 (1) Except as provided in Subsection (2), this bill takes effect on September 1, 2024.
8200 (2) The actions affecting Section 78A-5a-103 (Effective 10/01/24) take effect on
8201 October 1, 2024.
8202 Section 197. Coordinating S.B. 95 with H.B. 134.
8203 If S.B. 95, Domestic Relations Recodification, and H.B. 134, Marriage Modifications,
8204 both pass and become law, the Legislature intends that, on September 1, 2024:
8205 (1) Section 30-1-2.2 be repealed; and
8206 (2) Section 30-1-2.4 enacted in H.B.134 be renumbered to Section 81-2-405.
8207 Section 198. Coordinating S.B. 95 with H.B. 140.
8208 If S.B. 95, Domestic Relations Recodification, and H.B. 140, Amendments to Custody
8209 and Parent-time, both pass and become law, the Legislature intends that, on September 1, 2024:
8210 (1) all references to the term "child" in Subsection 30-3-33(18) in H.B. 140 change to
8211 "minor child"; and
8212 (2) Subsections 30-3-10.4(1) and (2) in H.B. 140 be amended to read:
8213 "(1) The court has continuing jurisdiction to make subsequent changes to modify:
8214 (a) custody of a minor child if there is a showing of a substantial and material change
8215 in circumstances since the entry of the order; and
8216 (b) parent-time for a minor child if there is a showing that there is a change in
8217 circumstances since the entry of the order.
8218 (2) A substantial and material change in circumstances under Subsection (1)(a)
8219 includes a showing by a parent that the other parent:
8220 (a) resides with an individual or provides an individual with access to the minor child;
8221 and
8222 (b) knows that the individual:
8223 (i) is required to register as a sex offender or a kidnap offender for an offense against a
8224 minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
8225 (ii) is required to register as a child abuse offender under Title 77, Chapter 43, Child
8226 Abuse Offender Registry; or
8227 (iii) has been convicted of:
8228 (A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-114,
8229 or 76-5-208;
8230 (B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
8231 Offenses;
8232 (C) an offense for kidnapping or human trafficking of a minor child under Title 76,
8233 Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
8234 (D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
8235 Sexual Exploitation Act; or
8236 (E) an offense that is substantially similar to an offense under Subsections
8237 (2)(b)(iii)(A) through (D).".
8238 Section 199. Coordinating S.B. 95 with H.B. 157.
8239 If S.B. 95, Domestic Relations Recodification, and H.B. 157, Child Custody Factor
8240 Amendments, both pass and become law, the Legislature intends that, on September 1, 2024,
8241 all references to "child" in Subsection 30-3-10(10)(b) in H.B. 157 change to "minor child."
8242 Section 200. Coordinating S.B. 95 with H.B. 328.
8243 If S.B. 95, Domestic Relations Recodification, and H.B. 328, Victims of Sexual
8244 Offenses Amendments, both pass and become law, the Legislature intends that, on September
8245 1, 2024, all references to "child" in Subsections 30-3-10(11) and 30-3-10(12) in H.B. 328
8246 change to "minor child."
8247 Section 201. Coordinating S.B. 95 with H.B. 337.
8248 If S.B. 95, Domestic Relations Recodification, and H.B. 337, Amendments to
8249 Mandatory Courses for Family Law Actions, both pass and become law, the Legislature intends
8250 that, on September 1, 2024:
8251 (1) the changes to Subsection 81-9-208(2)(c)(i) in S.B. 95 supersede the changes to
8252 Subsection 30-3-10.4(1)(c)(i) in H.B. 337;
8253 (2) Section 30-3-11.3 be renumbered to Section 81-9-103 and be amended to read:
8254 "[
8255 or parentage action.
8256 (1) The Judicial Council shall approve and implement:
8257 (a) a mandatory parenting course [
8258
8259
8260 issues of child custody and parent-time; and
8261 (b) a mandatory parenting course in all judicial districts for unmarried parties in a
8262 parentage action determining issues of child custody and parent-time.
8263 (2) The Judicial Council shall adopt rules to implement and administer [
8264 the mandatory parenting courses described in Subsection (1).
8265 [
8266
8267
8268
8269 [
8270
8271
8272
8273 [
8274
8275 [
8276 courses shall educate and sensitize parties to the needs of the parties' minor child during and
8277 after the court process, including instructing the parties:
8278 (a) about [
8279 on:
8280 (i) [
8281 (ii) [
8282 (iii) [
8283 responsibilities of the parties to the minor child; and
8284 (b) that domestic violence has a harmful effect on [
8285 relationships.
8286 [
8287 live instruction, video instruction, or an online provider.
8288 (b) The online and video options under Subsection (4)(a) must be formatted as
8289 interactive presentations that ensure active participation and learning by the [
8290 [
8291
8292 Procurement Code, through private or public contracts and organize the program in each of
8293 Utah's judicial districts.
8294 (b) The contracts shall provide for the recoupment of administrative expenses through
8295 the costs charged to individual parties[
8296 (7).
8297 [
8298 completion of a parenting course under this section by the parties.
8299 [
8300 independent contractor providing the course at the time and place of the course.
8301 (b) A fee of $8 shall be collected, as part of [
8302 each participant, and deposited in the Children's Legal Defense Account, described in Section
8303 51-9-408.
8304 [
8305 may attend the parenting course, without payment, upon a prima facie showing of indigency as
8306 evidenced by an affidavit of indigency filed in the [
8307 78A-2-302. [
8308
8309
8310
8311
8312 (d) The Administrative Office of the Courts shall use appropriations from the
8313 Children's Legal Defense Account to reimburse an independent contractor for the costs of a
8314 party who is unable to pay for a parenting course under Subsection (7)(c).
8315 [
8316
8317
8318 [
8319 (a) adopt a program to evaluate the effectiveness of [
8320
8321 mandatory parenting courses; and
8322 (b) provide progress reports to the Judiciary Interim Committee if requested.";
8323 (3) Section 30-3-11.4 be renumbered to Section 81-4-105, except the changes within
8324 Section 30-3-11.4 in H.B. 337 supersede the changes within Section 30-3-11.4 in S.B. 95;
8325 (4) Subsection 81-4-401(2) enacted in S.B. 95 be amended to read:
8326 "(2) "Mandatory courses" means:
8327 (a) the mandatory divorce orientation course described in Section 81-4-105; and
8328 (b) the mandatory parenting course described in Section 81-9-103.";
8329 (5) Subsection 51-9-408(3)(a)(i) be amended to read:
8330 "(i) implementing the mandatory courses described in Sections 81-4-105 and 81-9-103
8331 and the mediation program for child custody or parent-time;"; and
8332 (6) the reference in Subsection 78B-15-610(4)(a) in H.B. 337 to "Subsection
8333 30-3-11.3(1)(b)" be changed to "Subsection 81-9-103(1)(b)."
8334 Section 202. Coordinating S.B. 95 with S.B. 81.
8335 If S.B. 95, Domestic Relations Recodification, and S.B. 81, County Clerk
8336 Amendments, both pass and become law, the Legislature intends that, on September 1, 2024:
8337 (1) Subsection 81-2-303(3)(b) in S.B. 95 be amended to read:
8338 "(b) The Department of Health[
8339 Services, Office of Vital Records and Statistics shall, upon request, supply the social security
8340 numbers to the Department of Health and Human Services, Office of Recovery Services
8341 [
8342 (2) Subsection 81-2-303(4) in S.B. 95 be amended to read:
8343 "(4) (a) A county clerk may not issue a marriage license until the county clerk receives:
8344 (i) an affidavit from each party applying for the marriage license, stating that there is
8345 no lawful reason preventing the marriage; and
8346 (ii) if one of the parties will not be physically present in the state at the time of
8347 solemnization of the marriage, an affidavit from each party applying for the marriage license,
8348 stating that the party consents to personal jurisdiction of the state, and of the county issuing the
8349 marriage license, for the purposes of filing a divorce or annulment of the marriage.
8350 (b) A county clerk shall file and preserve each affidavit provided under this section.
8351 (c) A party who makes an affidavit described in Subsection (4)(a), or a subscribing
8352 witness to the affidavit, who falsely swears in the affidavit is guilty of perjury and may be
8353 prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
8354 Matters.";
8355 (3) Subsection 81-2-305(5) in S.B. 95 be amended to read:
8356 "(5) (a) Within 30 days after the day on which a marriage is solemnized, the individual
8357 solemnizing the marriage shall return the marriage license to the county clerk that issued the
8358 marriage license with a certificate of the marriage over the individual's signature stating the
8359 date and place of solemnization and the names of two or more witnesses present at the
8360 marriage.
8361 (b) An individual described in Subsection (5)(a) who fails to return the license is guilty
8362 of an infraction.
8363 (c) An individual described in Subsection (5)(a) who knowingly or intentionally makes
8364 a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and
8365 punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.";
8366 (4) Subsection 81-2-408(3)(b) in S.B. 95 be amended to read:
8367 "(b) Except as otherwise explicitly provided by law, Subsection (3)(a) may not be
8368 construed to validate a marriage that:
8369 (i) is prohibited or void under Section 81-2-403; or
8370 (ii) fails to meet the requirements of Section 81-2-302, as validated by a court with
8371 jurisdiction."; and
8372 (5) the reference in Section 30-1-7 in S.B. 81 to "Subsection 30-1-10(1)" be changed to
8373 "Subsection 81-2-303(4)(a)."
8374 Section 203. Coordinating S.B. 95 with S.B. 81 and H.B. 337 if all pass and
8375 become law.
8376 If S.B. 95, Domestic Relations Recodification, S.B. 81, County Clerk Amendments,
8377 and H.B. 337, Amendments to Mandatory Courses for Family Law Actions, all pass and
8378 become law, the Legislature intends that, on September 1, 2024:
8379 (1) Section 81-4-104 (renumbered from Section 30-3-4.5) in S.B. 95 be amended to
8380 read:
8381 "[
8382 [
8383
8384
8385 [
8386 [
8387 (1) An individual may file an action for a temporary separation order, without filing a
8388 petition for divorce, by filing a petition for temporary separation and motion for temporary
8389 orders if:
8390 (a) the individual is lawfully married to the individual from whom the separation is
8391 sought; and
8392 (b) (i) both parties are residents of the state for at least 90 days before the day on which
8393 the action is filed; or
8394 (ii) both parties to the marriage have consented to personal jurisdiction for divorce or
8395 annulment under Subsection 81-2-303(4)(a)(ii).
8396 (2) The temporary orders are valid for one year [
8397 day on which the hearing for the order is held or until one of the following occurs:
8398 (a) a petition for divorce is filed and consolidated with the petition for temporary
8399 separation; or
8400 (b) the case is dismissed.
8401 (3) If a petition for divorce is filed and consolidated with the petition for temporary
8402 separation, orders entered in the temporary separation shall continue in the consolidated case.
8403 [
8404
8405
8406 [
8407
8408 [
8409
8410
8411
8412 (4) (a) If the parties to the temporary separation action have a minor child, the parties
8413 shall attend the divorce orientation course described in Section 81-4-105:
8414 (i) for the petitioner, within 60 days after the day on which the petition is filed; and
8415 (ii) for the respondent, within 30 days after the day on which the respondent is served.
8416 (b) If the parties to the temporary separation action do not have a minor child, the
8417 parties may choose to attend the divorce orientation course described in Section 81-4-105.
8418 (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation
8419 course requirement.
8420 (d) A petition shall include information regarding the divorce orientation course
8421 requirement when the petition is served on the respondent.
8422 (5) For a party that is unable to pay the costs of the divorce orientation course, and
8423 before the court enters a decree of divorce in the action, the court shall:
8424 (a) make a final determination of indigency; and
8425 (b) order the party to pay the costs of the divorce orientation course if the court
8426 determines the party is not indigent.
8427 (6) (a) Except for a temporary restraining order under Rule 65A of the Utah Rules of
8428 Civil Procedure, a party may file, but the court may not hear, a motion for an order related to
8429 the temporary separation petition until the moving party completes the divorce orientation
8430 course.
8431 (b) It is an affirmative defense in a temporary separation action that a party has not
8432 completed the divorce orientation course and the action may not continue until a party has
8433 complied with the divorce orientation course.
8434 (7) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the
8435 requirement that the parties attend the divorce orientation course, on the court's own motion or
8436 on the motion of one of the parties, if the court determines course attendance and completion
8437 are not necessary, appropriate, feasible, or in the best interest of the parties.
8438 (b) If the requirement is waived, the court may permit the temporary separation action
8439 to proceed.
8440 (8) The petitioner shall serve the petition for a temporary separation order in
8441 accordance with the Utah Rules of Civil Procedure.
8442 (9) If a party files for divorce within one year after the day on which the petition for
8443 temporary separation is filed, the filing fee for a petition for temporary separation shall be
8444 credited towards the filing fee for a divorce."; and
8445 (2) Section 81-4-402 enacted in S.B. 95 be amended to read:
8446 "81-4-402. Petition for divorce -- Divorce proceeding -- Temporary orders.
8447 (1) An individual may bring a petition for divorce if:
8448 (a) the individual or the individual's spouse is an actual and bona fide resident of the
8449 county where the petition is filed for at least 90 days before the day on which the petition is
8450 filed;
8451 (b) the individual is a member of the armed forces of the United States and the
8452 individual is stationed under military orders in this state for at least 90 days before the day on
8453 which the petition is filed; or
8454 (c) both parties to the marriage have consented to personal jurisdiction for divorce or
8455 annulment under Subsection 81-2-303(4)(a)(ii).
8456 (2) A divorce action shall be commenced and conducted in accordance with this
8457 chapter and the Utah Rules of Civil Procedure.
8458 (3) (a) The court may not enter a decree of divorce until 30 days after the day on which
8459 the petition is filed, unless the court finds that extraordinary circumstances exist.
8460 (b) The court may make interim orders as the court considers just and equitable before
8461 the expiration of the 30-day period described in Subsection (3)(a).
8462 (4) (a) If the parties to the divorce action have a minor child, the parties shall attend the
8463 mandatory courses:
8464 (i) for the petitioner, within 60 days after the day on which the petition is filed; and
8465 (ii) for the respondent, within 30 days after the day on which the respondent is served.
8466 (b) If the parties to a divorce action do not have a minor child, the parties may choose
8467 to attend the divorce orientation course described in Section 81-4-105.
8468 (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
8469 mandatory courses.
8470 (d) A petition shall include information regarding the mandatory courses when the
8471 petition is served on the respondent.
8472 (5) For a party that is unable to pay the costs of the mandatory courses, and before the
8473 court enters a decree of divorce in the action, the court shall:
8474 (a) make a final determination of indigency; and
8475 (b) order the party to pay the costs of the mandatory courses if the court determines the
8476 party is not indigent.
8477 (6) (a) Except for a temporary restraining order under Rule 65A of the Utah Rules of
8478 Civil Procedure, a party may file, but the court may not hear, a motion for an order related to
8479 the divorce until the moving party completes the mandatory courses.
8480 (b) It is an affirmative defense in a divorce action that a party has not completed the
8481 mandatory courses and the action may not continue until a party has complied with the
8482 mandatory courses.
8483 (7) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the
8484 requirement that the parties attend the mandatory courses, on the court's own motion or on the
8485 motion of one of the parties, if the court determines course attendance and completion are not
8486 necessary, appropriate, or feasible, or in the best interest of the parties.
8487 (b) If the requirement is waived, the court may permit the divorce action to proceed.
8488 (8) The use of counseling, mediation, and education services provided under this part
8489 may not be construed as condoning or promoting divorce.".
8490 Section 204. Coordinating S.B. 95 with S.B. 81 if H.B. 337 does not pass and
8491 become law.
8492 If S.B. 95, Domestic Relations Recodification, and S.B. 81, County Clerk
8493 Amendments, both pass and become law, and H.B. 337, Amendments to Mandatory Courses
8494 for Family Law Actions, does not pass and become law, the Legislature intends that, on
8495 September 1, 2024:
8496 (1) Section 81-4-104 (renumbered from Section 30-3-4.5) in S.B. 95 be amended to
8497 read:
8498 "[
8499
8500
8501 [
8502 [
8503 (1) An individual may file an action for a temporary separation order, without filing a
8504 petition for divorce, by filing a petition for temporary separation and motion for temporary
8505 orders if:
8506 (a) the individual is lawfully married to the individual from whom the separation is
8507 sought; and
8508 (b) (i) both parties are residents of the state for at least 90 days before the day on which
8509 the action is filed; or
8510 (ii) both parties to the marriage have consented to personal jurisdiction for divorce or
8511 annulment under Subsection 81-2-303(4)(a)(ii).
8512 (2) The temporary orders are valid for one year [
8513 day on which the hearing for the order is held, or until one of the following occurs:
8514 (a) a petition for divorce is filed and consolidated with the petition for temporary
8515 separation; or
8516 (b) the case is dismissed.
8517 (3) If a petition for divorce is filed and consolidated with the petition for temporary
8518 separation, orders entered in the temporary separation shall continue in the consolidated case.
8519 (4) (a) [
8520 orientation course described in Section [
8521 (i) 60 days of the filing of the petition, for the petitioner[
8522 (ii) 45 days of being served, for the respondent.
8523 (b) The clerk of the court shall provide notice to the petitioner of the requirement for
8524 the divorce orientation course.
8525 (c) The petition shall include information regarding the divorce orientation course
8526 when the petition is served on the respondent.
8527 (d) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil
8528 Procedure, a party may file, but the court may not hear, a motion for an order related to the
8529 petition for temporary separation, until the moving party completes the divorce orientation
8530 course.
8531 (e) The court may waive the requirement for the parties to attend the mandatory
8532 courses under this Subsection (4), on the court's own motion or on the motion of one of the
8533 parties, if the court determines course attendance and completion are not necessary,
8534 appropriate, feasible, or in the best interest of the parties.
8535 (5) The petitioner shall serve the petition for a temporary separation order in
8536 accordance with the Utah Rules of Civil Procedure.
8537 (6) If a party files for divorce within one year after the day on which the petition for
8538 temporary separation is filed, the filing fee for a petition for temporary separation shall be
8539 credited towards the filing fee for a divorce.
8540 [
8541
8542 [
8543
8544
8545
8546 (2) Section 81-4-402 enacted in S.B. 95 be amended to read:
8547 "81-4-402. Petition for Divorce -- Divorce proceedings -- Temporary orders.
8548 (1) An individual may bring a petition for divorce if:
8549 (a) the individual or the individual's spouse is an actual and bona fide resident of the
8550 county where the petition is filed for at least 90 days before the day on which the petition is
8551 filed;
8552 (b) the individual is a member of the armed forces of the United States and the
8553 individual is stationed under military orders in this state for at least 90 days before the day on
8554 which the petition is filed; or
8555 (c) both parties to the marriage have consented to personal jurisdiction for divorce or
8556 annulment under Subsection 81-2-303(4)(a)(ii).
8557 (2) A divorce action shall be commenced and conducted in accordance with this
8558 chapter and the Utah Rules of Civil Procedure.
8559 (3) (a) The court may not enter a decree of divorce until 30 days after the day on which
8560 the petition is filed, unless the court finds that extraordinary circumstances exist.
8561 (b) The court may make interim orders as the court considers just and equitable before
8562 the expiration of the 30-day period described in Subsection (3)(a).
8563 (4) (a) Except as provided in Subsection (5), if the parties to the divorce action have a
8564 minor child, the parties shall attend the mandatory courses described in Sections 81-4-105 and
8565 81-4-106 within:
8566 (i) for the petitioner, 60 days after the day on which the petition is filed; and
8567 (ii) for the respondent, 30 days after the day on which the respondent is served.
8568 (b) If the parties to a divorce action do not have a minor child, the parties may choose
8569 to attend the mandatory divorce orientation course described in Section 81-4-105.
8570 (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
8571 mandatory courses.
8572 (d) A petition shall include information regarding the mandatory courses when the
8573 petition is served on the respondent.
8574 (e) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil
8575 Procedure, a party may file, but the court may not hear, a motion for an order related to the
8576 divorce until the moving party completes the mandatory courses.
8577 (5) (a) The court may waive the requirement for the parties to attend the mandatory
8578 courses under Subsection (4), on the court's own motion or on the motion of one of the parties,
8579 if the court determines course attendance and completion are not necessary, appropriate,
8580 feasible, or in the best interest of the parties.
8581 (b) If the requirement is waived, the court may permit the divorce action to proceed.
8582 (6) The use of counseling, mediation, and education services provided under this part
8583 may not be construed as condoning or promoting divorce.".
8584 Section 205. Coordinating S.B. 95 with H.B. 337 if S.B. 81 does not pass and
8585 become law.
8586 If S.B. 95, Domestic Relations Recodification, and H.B. 337, Amendments to
8587 Mandatory Courses for Family Law Actions, both pass and become law, and S.B. 81, County
8588 Clerk Amendments, does not pass and become law, the Legislature intends that, on September
8589 1, 2024:
8590 (1) Section 81-4-104 (renumbered from Section 30-3-4.5) in S.B. 95 be amended to
8591 read:
8592 "[
8593 (1) [
8594 without filing a petition for divorce, by filing a petition for temporary separation and motion
8595 for temporary orders if:
8596 (a) the [
8597 whom the separation is sought; and
8598 (b) both parties are residents of the state for at least 90 days [
8599 before the day on which the action is filed.
8600 (2) The temporary orders are valid for one year [
8601 day on which the hearing for the order is held or until one of the following occurs:
8602 (a) a petition for divorce is filed and consolidated with the petition for temporary
8603 separation; or
8604 (b) the case is dismissed.
8605 (3) If a petition for divorce is filed and consolidated with the petition for temporary
8606 separation, orders entered in the temporary separation shall continue in the consolidated case.
8607 [
8608
8609
8610 [
8611
8612 [
8613
8614
8615
8616 (4) (a) If the parties to the temporary separation action have a minor child, the parties
8617 shall attend the divorce orientation course described in Section 81-4-105:
8618 (i) for the petitioner, within 60 days after the day on which the petition is filed; and
8619 (ii) for the respondent, within 30 days after the day on which the respondent is served.
8620 (b) If the parties to the temporary separation action do not have a minor child, the
8621 parties may choose to attend the divorce orientation course described in Section 81-4-105.
8622 (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation
8623 course requirement.
8624 (d) A petition shall include information regarding the divorce orientation course
8625 requirement when the petition is served on the respondent.
8626 (5) For a party that is unable to pay the costs of the divorce orientation course, and
8627 before the court enters a decree of divorce in the action, the court shall:
8628 (a) make a final determination of indigency; and
8629 (b) order the party to pay the costs of the divorce orientation course if the court
8630 determines the party is not indigent.
8631 (6) (a) Except for a temporary restraining order under Rule 65A of the Utah Rules of
8632 Civil Procedure, a party may file, but the court may not hear, a motion for an order related to
8633 the temporary separation petition until the moving party completes the divorce orientation
8634 course.
8635 (b) It is an affirmative defense in a temporary separation action that a party has not
8636 completed the divorce orientation course and the action may not continue until a party has
8637 complied with the divorce orientation course.
8638 (7) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the
8639 requirement that the parties attend the divorce orientation course, on the court's own motion or
8640 on the motion of one of the parties, if the court determines course attendance and completion
8641 are not necessary, appropriate, feasible, or in the best interest of the parties.
8642 (b) If the requirement is waived, the court may permit the temporary separation action
8643 to proceed.
8644 (8) The petitioner shall serve the petition for a temporary separation order in
8645 accordance with the Utah Rules of Civil Procedure.
8646 (9) If a party files for divorce within one year after the day on which the petition for
8647 temporary separation is filed, the filing fee for a petition for temporary separation shall be
8648 credited towards the filing fee for a divorce."; and
8649 (2) Section 81-4-402 enacted in S.B. 95 be amended to read:
8650 "81-4-402. Petition for divorce -- Divorce proceeding -- Temporary orders.
8651 (1) An individual may bring a petition for divorce if:
8652 (a) the individual or the individual's spouse is an actual and bona fide resident of the
8653 county where the petition is filed for at least 90 days before the day on which the petition is
8654 filed; or
8655 (b) the individual is a member of the armed forces of the United States and the
8656 individual is stationed under military orders in this state for at least 90 days before the day on
8657 which the petition is filed.
8658 (2) A divorce action shall be commenced and conducted in accordance with this
8659 chapter and the Utah Rules of Civil Procedure.
8660 (3) (a) The court may not enter a decree of divorce until 30 days after the day on which
8661 the petition is filed, unless the court finds that extraordinary circumstances exist.
8662 (b) The court may make interim orders as the court considers just and equitable before
8663 the expiration of the 30-day period described in Subsection (3)(a).
8664 (4) (a) If the parties to the divorce action have a minor child, the parties shall attend the
8665 mandatory courses:
8666 (i) for the petitioner, within 60 days after the day on which the petition is filed; and
8667 (ii) for the respondent, within 30 days after the day on which the respondent is served.
8668 (b) If the parties to a divorce action do not have a minor child, the parties may choose
8669 to attend the divorce orientation course described in Section 81-4-105.
8670 (c) The clerk of the court shall provide notice to a petitioner of the requirement for the
8671 mandatory courses.
8672 (d) A petition shall include information regarding the mandatory courses when the
8673 petition is served on the respondent.
8674 (5) For a party that is unable to pay the costs of the mandatory courses, and before the
8675 court enters a decree of divorce in the action, the court shall:
8676 (a) make a final determination of indigency; and
8677 (b) order the party to pay the costs of the mandatory courses if the court determines the
8678 party is not indigent.
8679 (6) (a) Except for a temporary restraining order under Rule 65A of the Utah Rules of
8680 Civil Procedure, a party may file, but the court may not hear, a motion for an order related to
8681 the divorce until the moving party completes the mandatory courses.
8682 (b) It is an affirmative defense in a divorce action that a party has not completed the
8683 mandatory courses and the action may not continue until a party has complied with the
8684 mandatory courses.
8685 (7) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the
8686 requirement that the parties attend the mandatory courses, on the court's own motion or on the
8687 motion of one of the parties, if the court determines course attendance and completion are not
8688 necessary, appropriate, or feasible, or in the best interest of the parties.
8689 (b) If the requirement is waived, the court may permit the divorce action to proceed.
8690 (8) The use of counseling, mediation, and education services provided under this part
8691 may not be construed as condoning or promoting divorce.".