Utah Code 81-6-207. Split physical custody — Obligation calculations
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(1) This section applies to a case in which the parents are awarded split physical custody of the children.
Terms Used In Utah Code 81-6-207
- 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 - 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- Gross income: means the amount of income calculated for a parent as described in Section
81-6-203 . See Utah Code 81-6-101- 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- 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- 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
(2) If the base combined child support obligation that is calculated as described in Subsection81-6-204 (1) is $0, the base child support award for each parent is $0.(3) If the base combined child support obligation that is calculated as described in Subsection81-6-204 (1) is greater than $0, the court shall determine the base child support award by:(3)(a) dividing the number of children with each parent by the combined number of children to calculate each parent’s percentage of children;(3)(b) dividing each parent’s monthly adjusted gross income by the combined monthly adjusted gross income to calculate each parent’s percentage of the combined monthly adjusted gross income;(3)(c) multiplying each parent’s percentage of the combined monthly adjusted gross income by the base combined child support obligation to calculate each parent’s share of the base combined child support obligation;(3)(d) multiplying each parent’s share of the base combined child support obligation by the other parent’s percentage of children to determine the individual child support obligations for each parent; and(3)(e) subtracting the lesser individual child support obligation from the higher individual child support obligation to reach the base child support award.(4) The parent with the higher individual child support obligation is the parent required to pay the base child support award calculated under Subsection (3).