Utah Code 81-6-206. Joint physical custody — Obligation calculations
Current as of: 2024 | Check for updates
|
Other versions
(1) This section applies to a case in which the parents are awarded joint physical custody of the children.
Terms Used In Utah Code 81-6-206
- 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 - 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
- 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- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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- Joint physical custody: means the same as that term is defined in Section
81-9-101 . 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.
- 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. See Utah Code 81-6-101
- 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- 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
(2) If the base combined child support obligation that is calculated as described in Subsection81-6-204 (1) is $0, the base child support award for each parent is $0.(3) If the base combined child support obligation that is calculated as described in Subsection81-6-204 (1) is greater than $0, the court or administrative agency shall determine each parent’s share of the base combined child support obligation by:(3)(a) dividing each parent’s monthly adjusted gross income by the combined monthly adjusted gross income to determine each parent’s percentage; and(3)(b) multiplying each parent’s percentage by the base combined child support obligation.(4) The court or administrative agency shall determine the base child support award for the parent with the lesser number of overnights by:(4)(a) multiplying the number of overnights over 110 and under 131 for that parent by .0027;(4)(b) multiplying the number calculated under Subsection (4)(a) by the base combined child support obligation;(4)(c) multiplying the number of overnights over 130 for that parent by .0084;(4)(d) multiplying the number calculated under Subsection (4)(c) by the base combined child support obligation; and(4)(e) subtracting the numbers calculated in Subsections (4)(b) and (4)(d) from that parent’s share of the base combined child support obligation calculated under Subsection (3).(5) If the base child support award calculated under Subsection (4) is greater than $0, the parent with the lesser number of overnights is the obligor and is required to pay child support.(6) If the base child support award calculated under Subsection (4) is less than $0:(6)(a) the parent with the lesser number of overnights is the obligee; and(6)(b) the parent with the greater number of overnights is the obligor and is required to pay child support.(7) If the parents have an equal parent-time schedule under Section81-9-305 , the amount of time to be spent with the parent who has the lower monthly adjusted gross income is considered 183 overnights, regardless of whether the parent receives 182 overnights or 183 overnights under the equal parent-time schedule.