(1) This section applies to a case in which a parent, or another person, is awarded sole physical custody of the children.
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Terms Used In Utah Code 81-6-205

  • 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
  • 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
  • Base combined child support obligation table: means the appropriate table described in Sections 81-6-302 and 81-6-304. 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 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
  • 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
  • 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
  • Low income table: means the appropriate table under Section 81-6-303 or 81-6-305. 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.
  • Obligor: means a person owing a duty of support. 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
(2) Except as provided in Subsections (3) and (4), the court or administrative agency shall determine the base child support award for each parent by:

     (2)(a) dividing each parent’s monthly adjusted gross income by the combined monthly adjusted gross income to determine each parent’s percentage; and
     (2)(b) multiplying each parent’s percentage by the base combined child support obligation that is calculated as described in Subsection 81-6-204(1).
(3)

     (3)(a) If the base combined child support obligation is $0, the court or administrative agency shall establish the base child support award for each parent by:

          (3)(a)(i) determining the individual monthly adjusted gross income for the parent;
          (3)(a)(ii) locating the amount of the base child support award in the low income table by finding:

               (3)(a)(ii)(A) the monthly adjusted gross income for the parent in the low income table; and
               (3)(a)(ii)(B) the number of children in common with the parents.
     (3)(b) The corresponding amount in the low income table is the base child support award for that parent.
(4)

     (4)(a) If a parent’s individual monthly adjusted gross income is less than the highest amount of monthly adjusted gross income shown in the low income table, the court or administrative agency shall determine that the base child support award is the lesser of:

          (4)(a)(i) the amount calculated using the base combined child support obligation table as described in Subsection (2); and
          (4)(a)(ii) the amount calculated using the low income table as described in Subsection (3).
     (4)(b) If the monthly adjusted gross income of a parent is found in an area of the low income table in which no amount is shown, the court or administrative agency shall determine the base child support award by using the amount listed in the base combined child support obligation table and calculated as described in Subsection (2).
(5) A base child support award in a sole physical custody case may not be less than $30.
(6) The amounts calculated under this section are rebuttable as described in Section 81-6-202.
(7) A parent without sole physical custody of the children is an obligor and is required to pay the amount of child support calculated under this section.
(8)

     (8)(a) When physical custody of a child changes after the original child support order, the parent without physical custody of the child is required to pay the amount of child support calculated under this section, without the need to modify the order, to:

          (8)(a)(i) the parent who has physical custody of the child;
          (8)(a)(ii) a relative to whom physical custody of the child has been voluntarily given; or
          (8)(a)(iii) the state when the child is residing outside of the home in the protective custody, temporary custody, or care of the state or a state-licensed facility for at least 30 days.
     (8)(b) When physical custody of a child changes from the physical custody that is assumed in the original child support order calculated under this section, the modification of the child support order is not necessary even if only one parent is specifically ordered to pay in the child support order.
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