As used in this chapter:

(1) “Administrative agency” means the Office of Recovery Services or the Department of Health and Human Services.

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Terms Used In Utah Code 81-6-101

  • Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 81-6-101
  • Alimony: means the same as that term is defined in Section 81-4-101. See Utah Code 81-6-101
  • 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.
  • 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 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 tables: means the tables described in Part 3, Child Support Tables. See Utah Code 81-6-101
  • 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
  • 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
  • Father: means a parent who is of the male sex. 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
  • 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
  • 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.
  • Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 81-6-101
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • 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
  • 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
  • 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
  • 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
  • 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
(2) “Administrative order” means the same as that term is defined in Section 26B-9-201.
(3) “Alimony” means the same as that term is defined in Section 81-4-101.
(4) “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.
(5) “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).
(6) “Base combined child support obligation table” means the appropriate table described in Sections 81-6-302 and 81-6-304.
(7) “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.
(8)

     (8)(a) “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.
     (8)(b) “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.
(9) “Child support guidelines” means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support.
(10) “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.
(11) “Child support tables” means the tables described in Part 3, Child Support Tables.
(12) “Child support services” means the same as that term is defined in Section 26B-9-101.
(13) “Gross income” means the amount of income calculated for a parent as described in Section 81-6-203.
(14) “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.
(15)

     (15)(a) “Income” means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay.
     (15)(b) “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.
(16) “Joint physical custody” means the same as that term is defined in Section 81-9-101.
(17) “Low income table” means the appropriate table under Section 81-6-303 or 81-6-305.
(18) “Medical expenses” means health and dental expenses and related insurance costs.
(19) “Minor child” means a child who is younger than 18 years old.
(20) “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.
(21) “Obligor” means a person owing a duty of support.
(22) “Office” means the Office of Recovery Services within the Department of Health and Human Services.
(23) “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.
(24) “Split custody” means that each parent has physical custody of at least one of the children.
(25) “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.
(26) “Support” means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child.
(27) “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.
(28) “Temporary” means a period of time that is projected to be less than 12 months in duration.
(29) “Third party” means an agency or a person other than a parent or a child who provides care, maintenance, and support to a child.
(30) “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.
(31) “Work-related child care expenses” means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent.
(32) “Worksheet” means a form used to aid in calculating the base child support award.