Utah Code 81-6-104. Duty of parents to provide support for a child — Support follows the child
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Terms Used In Utah Code 81-6-104
- 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
- Court: means :
(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- 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
- 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.
- Parent: means a parent with an established parent-child relationship as described in Section
78B-15-201 . See Utah Code 81-1-101- 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- 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
- 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
(1)(a) Every child is presumed to be in need of the support of the child’s parents.(1)(b) Every parent shall support their child.(1)(c) Nothing in this chapter relieves a parent of the primary obligation of support for the parent’s child.(2) Except as limited in a court order under Section81-6-208 :(2)(a) the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents; and(2)(b) a creditor may sue a parent for the expenses described in Subsection (2)(a) incurred on behalf of a minor child.(3)(3)(a) A parent whose minor child has become a ward of this or any other state is not relieved of the primary obligation to support that child until the minor child is 18 years old or is legally married, regardless of any agreements or legal defenses that exist between the parents or other care providers.(3)(b) Any state that provides support for a child shall have the right to reimbursement.(3)(c) A third party has a right to recover support from a parent.(4) An obligation ordered for child support and medical expenses:(4)(a) are for the use and benefit of the child; and(4)(b) shall follow the child in a case in which a parent, or another person, is awarded sole physical custody of the child as described in Subsection81-6-205 (8).(5) The rights created in this chapter are in addition to and not in substitution to any other rights.