Utah Code 78B-12-201. Procedure — Documentation — Stipulation
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(1) In any matter in which child support is ordered, the moving party shall submit:
Terms Used In Utah Code 78B-12-201
- 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.
- Base child support award: means the award that may be ordered and is calculated using the guidelines before additions for medical expenses and work-related child care costs. See Utah Code 78B-12-102
- Child: means :(7)(a) a son or daughter under the age of 18 years 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 over the age of 18 years, 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 78B-12-102
- Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including 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 78B-12-102
- Court: means the district court or juvenile court. See Utah Code 78B-12-102
- 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.
- Guidelines: means the directions for the calculation and application of child support in Part 2, Calculation and Adjustment. See Utah Code 78B-12-102
- Income: includes :
(14)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;(14)(b)(ii) interest and dividends;(14)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;(14)(b)(iv) unemployment compensation benefits;(14)(b)(v) workers' compensation benefits; and(14)(b)(vi) disability benefits. See Utah Code 78B-12-102- Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102
- 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- support order: means a judgment, decree, or order of a tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise that:
(9)(a) establishes or modifies child support;(9)(b) reduces child support arrearages to judgment; or(9)(c) establishes child support or registers a child support order under Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 78B-12-102- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) a completed child support worksheet;(1)(b) the financial verification required by Subsection78B-12-203(5) ;(1)(c) a written statement indicating whether or not the amount of child support requested is consistent with the guidelines; and(1)(d) the information required under Subsection(3) .(2)(2)(a) If the documentation of income required under Subsection(1) is not available, a verified representation of the other party’s income by the moving party, based on the best evidence available, may be submitted.(2)(b) The evidence shall be in affidavit form and may only be offered after a copy has been provided to the other party in accordance with Utah Rules of Civil Procedure orTitle 63G, Chapter 4, Administrative Procedures Act , in an administrative proceeding.(3) Upon the entry of an order in a proceeding to establish paternity or to establish, modify, or enforce a support order, each party shall file identifying information and shall update that information as changes occur with the court that conducted the proceeding.(3)(a) The required identifying information shall include the person‘s social security number, driver’s license number, residential and mailing addresses, telephone numbers, the name, address and telephone number of employers, and any other data required by the United States Secretary of Health and Human Services.(3)(b) Attorneys representing the office in child support services cases are not required to file the identifying information required by Subsection(3)(a) .(4) A stipulated amount for child support or combined child support and alimony is adequate under the guidelines if the stipulated child support amount or combined amount equals or exceeds the base child support award required by the guidelines.