Utah Code 81-6-105. Duty of biological father to share pregnancy expenses
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(1) Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother‘s pregnancy expenses.
Terms Used In Utah Code 81-6-105
- 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
- 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- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- 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
- 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- 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. See Utah Code 81-6-101(2)(2)(a) If paternity is disputed, a biological father owes no duty under this section until the biological father’s paternity is established.(2)(b) Once paternity is established, the biological father is subject to Subsection (1).(3)(3)(a) Any portion of a mother’s pregnancy expenses paid by the mother or the biological father reduces that parent‘s 50% share under Subsection (1), not the total amount of pregnancy expenses.(3)(b) Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.(4) If a mother receives an abortion, as defined in Section76-7-301 , without the biological father’s consent, the biological father owes no duty under this section, unless:(4)(a) the abortion is necessary to avert the death of the mother; or(4)(b) the mother was pregnant as a result of:(4)(b)(i) rape, as described in Section76-5-402 ;(4)(b)(ii) rape of a child, as described in Section76-5-402.1 ; or(4)(b)(iii) incest, as described in Subsection76-5-406 (2)(j) or Section76-7-102 .(5) Subsection (1) does not apply if a court apportions pregnancy expenses in a divorce decree under Section81-4-406 .(6)(6)(a) A person who seeks payment under this section for pregnancy expenses shall provide documentation of payments, medical expenses, and insurance premiums to the court.(6)(b) The court shall order the payment of the expenses after a review of the documentation described in Subsection (6)(a).(7) Nothing in this section requires a person to separately bill a biological father for pregnancy expenses. - Court: means :