Terms Used In Utah Code > Title 81 > Chapter 6 - Child Support

• Active criminal investigation: means an officer has documented reasonable suspicion that a crime is being or has been committed, and believes the suspected criminal activity may be connected to a vehicle, a registered owner of a vehicle, or an occupant of a vehicle. See Utah Code 41-6a-2002 v2
• Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 81-6-101
• Administrative order: means the same as that term is defined in Section 26B-9-201. See Utah Code 81-6-101
• advisory committee: means the Child Support Guidelines Advisory Committee. See Utah Code 81-6-401
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alimony: means the same as that term is defined in Section 81-4-101. See Utah Code 81-6-101
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
• Base child support award: means the award that may be ordered and is calculated using the child support guidelines before additions for medical expenses and work-related child care costs. See Utah Code 81-6-101
• Base combined child support obligation: means the presumed amount of child support that the parents should provide for their child as described in Subsection 81-6-204(1). See Utah Code 81-6-101
• Base combined child support obligation table: means the appropriate table described in Sections 81-6-302 and 81-6-304. See Utah Code 81-6-101
• Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002
• Child: means :
       (7)(a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
       (7)(b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
       (7)(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 81-6-101
• Child support: includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 81-6-101
• Child support guidelines: means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support. See Utah Code 81-6-101
• Child support order: means a judgment, decree, or order issued by a tribunal whether temporary, final, or subject to modification, that:
       (10)(a) establishes or modifies child support;
       (10)(b) reduces child support arrearages to judgment; or
       (10)(c) establishes child support or registers a child support order under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 81-6-101
• Child support services: means the same as that term is defined in Section 26B-9-101. See Utah Code 81-6-101
• Child support tables: means the tables described in Part 3, Child Support Tables. See Utah Code 81-6-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Contract: A legal written agreement that becomes binding when signed.
• Court: means :
       (2)(a) a judge; or
       (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
• Custodial parent: means :
       (3)(a) a parent awarded primary physical custody of a minor child by a court order;
       (3)(b) if both parents have joint physical custody:

            (3)(b)(i) the parent awarded more overnights each year by a court order; or

            (3)(b)(ii) the parent designated as the custodial parent by a court order; or
       (3)(c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time. See Utah Code 81-1-101
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Governmental entity: includes :
            (3)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or
            (3)(b)(ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002
• Gross income: means the amount of income calculated for a parent as described in Section 81-6-203. See Utah Code 81-6-101
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Health care coverage: means coverage under which medical services are provided to a child through:
       (14)(a) fee for service;
       (14)(b) a health maintenance organization;
       (14)(c) a preferred provider organization;
       (14)(d) any other type of private health insurance; or
       (14)(e) public health care coverage. See Utah Code 81-6-101
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Income: includes :
            (15)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
            (15)(b)(ii) interest and dividends;
            (15)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;
            (15)(b)(iv) unemployment compensation benefits;
            (15)(b)(v) workers' compensation benefits; and
            (15)(b)(vi) disability benefits. See Utah Code 81-6-101
• Joint physical custody: means the same as that term is defined in Section 81-9-101. See Utah Code 81-6-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Low income table: means the appropriate table under Section 81-6-303 or 81-6-305. See Utah Code 81-6-101
• Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 81-6-101
• Minor child: means a child who is younger than 18 years old. See Utah Code 81-6-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Noncustodial parent: means the parent who is not the custodial parent regardless of any designation of joint legal custody. See Utah Code 81-1-101
• Nongovernmental entity: means a person that is not a governmental entity. See Utah Code 41-6a-2002
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligee: means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 81-6-101
• Obligor: means a person owing a duty of support. See Utah Code 81-6-101
• Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 81-6-101
• Parent: means a parent with an established parent-child relationship as described in Section 78B-15-201. See Utah Code 81-1-101
• parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Pregnancy expenses: means an amount equal to:
       (23)(a) the sum of a pregnant mother's:

            (23)(a)(i) health insurance premiums while pregnant that are not paid by an employer or government program; and

            (23)(a)(ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; and
       (23)(b) minus any portion of the amount described in Subsection (23)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child. See Utah Code 81-6-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• Secured area: means an area, enclosed by clear boundaries, to which access is limited and not open to the public and entry is only obtainable through specific access-control points. See Utah Code 41-6a-2002
• Service of process: The service of writs or summonses to the appropriate party.
• State: means a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 81-6-101
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Support: means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child. See Utah Code 81-6-101
• Support order: means :
       (27)(a) a child support order; or
       (27)(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to modification, for alimony. See Utah Code 81-6-101
• Temporary: means a period of time that is projected to be less than 12 months in duration. See Utah Code 81-6-101
• Third party: means an agency or a person other than a parent or a child who provides care, maintenance, and support to a child. See Utah Code 81-6-101
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Tribunal: means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 81-6-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Worksheet: means a form used to aid in calculating the base child support award. See Utah Code 81-6-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5