(1) The court or administrative agency shall require in a child support order that each parent share equally the reasonable work-related child care expenses of the parents.
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Terms Used In Utah Code 81-6-209

  • 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
  • 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
  • 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
  • Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 81-6-101
  • Month: means a calendar month, unless otherwise expressed. 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.
  • 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
  • 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)

     (2)(a) If an actual expense for child care is incurred, a parent shall begin paying the parent’s share on a monthly basis immediately upon presentation of proof of the child care expense.
     (2)(b) If the child care expense ceases to be incurred, the parent may suspend making monthly payment of that expense, while the expense is not being incurred, without obtaining a modification of the child support order.
     (2)(c)

          (2)(c)(i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.
          (2)(c)(ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days after the day on which the change occurred.
(3) The court may deny a parent incurring child care expenses the right to receive credit for the expenses or to recover the other parent’s share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(c).
(4)

     (4)(a) The court or administrative agency shall presume that child care costs should be included in a child support order if a parent, during extended parent-time, is working and actually incurring the child care costs.
     (4)(b) The presumption under Subsection (4)(a) is rebutted if:

          (4)(b)(i) the obligor‘s base child support award, in combination with the award of medical expenses, exceeds 50% of the obligor’s adjusted gross income; or
          (4)(b)(ii) by adding the child care costs, the obligor’s child support obligation would exceed 50% of the obligor’s adjusted gross income.
(5)

     (5)(a) The court or administrative agency may award child care costs on a case-by-case basis if the child care costs are related to the career and occupational training of the custodial parent or the child care costs would be in the interest of justice.
     (5)(b) The court or administrative agency may assign financial responsibility in a child support order for all or a portion of child care expenses incurred on behalf of a child due to the employment or training of the custodial parent.
(6)

     (6)(a) The court or administrative agency may impute a monthly obligation for child care costs when the court imputes income to a parent who is providing child care for the child so that the parties are not incurring child care costs for the child.
     (6)(b) The court shall apply any monthly obligation imputed under Subsection (6)(a) towards any actual child care costs incurred within the same month for the child.
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