Utah Code 81-6-213. Adjustment to child support when child becomes emancipated
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(1) Except as otherwise provided in the child support order, the base child support award is automatically adjusted to the base child support award for the remaining number of children due child support, without the need to modify the most recent child support order by a court, when a child:
Terms Used In Utah Code 81-6-213
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- 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 guidelines: means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support. 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 Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- 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- Office: means the Office of Recovery Services within the Department of Health and Human Services. 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- Tribunal: means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) becomes 18 years old or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later;(1)(b) dies, marries, becomes a member of the armed forces of the United States; or(1)(c) is emancipated in accordance with Title 80, Chapter 7, Emancipation.(2) The base child support award is adjusted as described in Subsection (1) by using the child support table that was used to establish the most recent child support order and by using the income of the parties as specified in the most recent child support order or the worksheets.(3) The base child support award may not be reduced by a per child amount derived from the base child support award originally ordered.(4) If the incomes of the parties are not specified in the most recent child support order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the child support guidelines, the base child support award is not automatically adjusted under Subsection (1) and the child support order will continue until modified by the issuing tribunal.(5) If the child support order is deviated and the parties subsequently obtain a court order that adjusts the amount of child support back to the date of the emancipation of the child, the office may not be required to repay any difference in the child support collected during the interim.