Utah Code 81-6-211. Reduction for extended parent-time
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(1) The base child support award is:
Terms Used In Utah Code 81-6-211
- Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 81-6-101
- 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
- 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 services: means the same as that term is defined in Section
26B-9-101 . 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- 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- Joint physical custody: means the same as that term is defined in Section
81-9-101 . See Utah Code 81-6-101- Month: means a calendar month, unless otherwise expressed. 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
- 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.
- 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- 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
(1)(a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or(1)(b) reduced by 25% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.(2) If the child is a client of cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program, the administrative agency shall approve any agreement by the parties for reduction of child support during extended parent-time.(3) For purposes of this section, normal parent-time and holiday visits to the custodial parent are not considered extended parent-time.(4) For cases receiving child support services in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the noncustodial parent shall provide written documentation to the office of the extended parent-time schedule to receive the adjustment under Subsection (1), including the beginning and ending dates, in the form of a court order or a voluntary written agreement between the parties.(5) If the noncustodial parent complies with Subsection (4), owes no past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time and the following month, the office shall refund the difference from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due:(5)(a) from current child support received in the month following the month of scheduled extended parent-time; or(5)(b) from current child support received in the month following the month written documentation of the scheduled extended parent-time is provided to the office, whichever occurs later.(6) If the noncustodial parent complies with Subsection (4), owes past-due support, and pays the full, unadjusted amount of current child support due for the month of scheduled extended parent-time, the office shall apply the difference, from the child support due to the custodial parent or the state, between the full amount of current child support received during the month of extended parent-time and the adjusted amount of current child support due, to the past-due support obligation in the case.(7) For cases not receiving child support services in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support, the court or the parents shall resolve, without involvement by the office, any potential adjustment of the child support payment during the month of extended visitation or any refund that is due to the noncustodial parent from the custodial parent.(8) For purposes of this section, the per child amount to which the abatement applies is calculated by dividing the base child support award by the number of children included in the award.(9) The reduction in this section does not apply to parents with joint physical custody obligations calculated in accordance with Section81-6-206 .