(1) As used in this section, “health insurance” means the same as that term is defined in Section 31A-1-301.
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Terms Used In Utah Code 81-6-208

  • Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 81-6-101
  • Administrative order: means the same as that term is defined in Section 26B-9-201. 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
  • 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
  • Custodial parent: means :
         (3)(a) a parent awarded primary physical custody of a minor child by a court order;
         (3)(b) if both parents have joint physical custody:
              (3)(b)(i) the parent awarded more overnights each year by a court order; or
              (3)(b)(ii) the parent designated as the custodial parent by a court order; or
         (3)(c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time. See Utah Code 81-1-101
  • 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
  • Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 81-6-101
  • 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
  • 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
(2) Except as provided in Subsection (4), a child support order issued or modified in this state on or after May 3, 2023, shall require compliance with the requirements described in Subsection (3) as of the effective date of the child support order.
(3) A child support order shall:

     (3)(a) require the parents provide health care coverage for the medical expenses of a child;
     (3)(b) require the parents provide health insurance for the medical expenses of a child if health insurance is available to the parents at a reasonable cost;
     (3)(c) designate which health insurance plan is primary and which health insurance plan is secondary if, at any time, a child is covered by both parents’ health insurance plans as described in Subsection (7);
     (3)(d) require each parent to share equally the out-of-pocket costs of the premium actually paid by a parent for the child’s portion of health insurance; and
     (3)(e) include a provision that requires each parent to equally share all reasonable and necessary uninsured and unreimbursed medical and dental expenses incurred for a child, including co-payments, co-insurance, and deductibles.
(4) The court may deviate from the requirements described in Subsection (3) if:

     (4)(a) the court makes specific findings establishing good cause for the deviation; or
     (4)(b) subject to the court’s approval, the parents agree which parent shall provide health insurance for the child.
(5) In determining whether to take the action described in Subsection (4), the court may consider:

     (5)(a) the reasonableness of the cost;
     (5)(b) the availability of a group insurance policy;
     (5)(c) the coverage of the policy; or
     (5)(d) the preference of the custodial parent.
(6) Subject to Subsection (4), if a child support order does not contain the requirements described in Subsection (3):

     (6)(a) the parents are nonetheless subject to the requirements described in Subsection (3), as applicable; and
     (6)(b) for purposes of Subsection (3)(c), the health insurance plan of the parent whose birthday falls first in the calendar year is primary, and the health insurance plan of the parent whose birthday falls second in the calendar year is secondary.
(7)

     (7)(a) The provisions of an order under Subsection (3)(c) shall:

          (7)(a)(i) take effect if at any time a child is covered by both parents’ health insurance plans; and
          (7)(a)(ii) include the following language: “If, at any point in time, a child is covered by the health insurance plans of both parents, the health insurance plan of (Parent’s Name) shall be primary coverage for the child and the health insurance plan of (Other Parent‘s Name) shall be secondary coverage for the child. If a parent remarries and the child is not covered by that parent’s health insurance plan but is covered by a step-parent’s plan, the health insurance plan of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain the same designation as the primary or secondary plan of the child.”
     (7)(b) A court or administrative agency may not modify the language required by Subsection (7)(a)(ii).
     (7)(c) Notwithstanding Subsection (7)(b), the court may allocate the payment of medical expenses including co-payments, deductibles, and co-insurance not covered by health insurance between the parents.
     (7)(d) In designating primary coverage pursuant to Subsection (3)(c), the court may take into account:

          (7)(d)(i) the birth dates of the parents;
          (7)(d)(ii) a requirement in a court order, if any, for one of the parents to maintain health insurance coverage for a child;
          (7)(d)(iii) the parent with physical custody of the child; or
          (7)(d)(iv) any other factor the court considers relevant.
(8)

     (8)(a) The parent who provides health insurance may receive credit against the base child support award or recover the other parent’s share of the child’s portion of the premium.
     (8)(b) If the parent does not have health insurance but another member of the parent’s household provides health insurance for the child, the parent may receive credit against the base child support award or recover the other parent’s share of the child’s portion of the premium.
(9)

     (9)(a) The child’s portion of the premium is a per capita share of the premium actually paid.
     (9)(b) The premium expense for a child shall be calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the instant case.
(10)

     (10)(a) The parent maintaining health care coverage or insurance shall provide verification of coverage to the other parent, or to the office under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., upon initial enrollment of the child, and after initial enrollment on or before January 2 of each calendar year.
     (10)(b) The parent shall notify the other parent, or the office under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar days of the date the parent first knew or should have known of the change.
     (10)(c) A parent who incurs medical expenses shall provide written verification of the cost and payment of medical expenses to the other parent within 30 days of payment.
     (10)(d) The court may deny a parent incurring medical expenses the right to receive credit for the expenses or to recover the other parent’s share of the expenses if that parent fails to comply with this Subsection (10).
(11)

     (11)(a) The court or administrative agency may issue an order determining the amount of a parent’s liability for medical expenses of a child when the parent:

          (11)(a)(i) is required by a prior court or administrative order to:

               (11)(a)(i)(A) share those expenses with the other parent of the child; or
               (11)(a)(i)(B) obtain insurance for medical expenses but fails to do so; or
          (11)(a)(ii) receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.
     (11)(b) If the prior court or administrative order does not specify what proportions of the expenses are to be shared:

          (11)(b)(i) the court may determine the amount of liability as may be reasonable and necessary; and
          (11)(b)(ii) the administrative agency may determine the amount of liability in accordance with established rules.
     (11)(c) This Subsection (11) applies to an order without regard to when the order was issued.
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