Terms Used In Utah Code > Title 78B > Chapter 12 - Utah Child Support Act

• Adjusted gross income: means income calculated under Subsection 78B-12-204(1). See Utah Code 78B-12-102
• Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 78B-12-102
• Administrative order: means an order that has been issued by the Office of Recovery Services, the Department of Health and Human Services, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 78B-12-102
• advisory committee: means the Child Support Guidelines Advisory Committee. See Utah Code 78B-12-401
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Base child support award: means the award that may be ordered and is calculated using the guidelines before additions for medical expenses and work-related child care costs. See Utah Code 78B-12-102
• Child: means :
       (7)(a) a son or daughter under the age of 18 years 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 over the age of 18 years, 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 78B-12-102
• Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including 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 78B-12-102
• Contract: A legal written agreement that becomes binding when signed.
• Court: means the district court or juvenile court. See Utah Code 78B-12-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Dependent: A person dependent for support upon another.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guidelines: means the directions for the calculation and application of child support in Part 2, Calculation and Adjustment. See Utah Code 78B-12-102
• Health care coverage: means coverage under which medical services are provided to a child through:
       (13)(a) fee for service;
       (13)(b) a health maintenance organization;
       (13)(c) a preferred provider organization;
       (13)(d) any other type of private health insurance; or
       (13)(e) public health care coverage. See Utah Code 78B-12-102
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Income: includes :
            (14)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
            (14)(b)(ii) interest and dividends;
            (14)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;
            (14)(b)(iv) unemployment compensation benefits;
            (14)(b)(v) workers' compensation benefits; and
            (14)(b)(vi) disability benefits. See Utah Code 78B-12-102
• IV-D child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, Utah Code 78B-12-102
• Joint physical custody: means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support. See Utah Code 78B-12-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 78B-12-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• 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 78B-12-102
• Obligor: means a person owing a duty of support. See Utah Code 78B-12-102
• Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• 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
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Pregnancy expenses: means an amount equal to:
       (21)(a) the sum of a pregnant mother's:

            (21)(a)(i) health insurance premiums while pregnant that are not paid by an employer or government program; and

            (21)(a)(ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; minus
       (21)(b) any portion of the amount described in Subsection (21)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child. See Utah Code 78B-12-102
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
• Service of process: The service of writs or summonses to the appropriate party.
• Split custody: means that each parent has physical custody of at least one of the children. See Utah Code 78B-12-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State: includes 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 78B-12-102
• Statute: A law passed by a legislature.
• support order: means a judgment, decree, or order of a tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise that:
       (9)(a) establishes or modifies child support;
       (9)(b) reduces child support arrearages to judgment; or
       (9)(c) establishes child support or registers a child support order under Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 78B-12-102
• table: means the appropriate table in Part 3, Tables. See Utah Code 78B-12-102
• Temporary: means a period of time that is projected to be less than 12 months in duration. See Utah Code 78B-12-102
• Third party: means an agency or a person other than the biological or adoptive parent or a child who provides care, maintenance, and support to a child. See Utah Code 78B-12-102
• Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• 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 78B-12-102
• Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Work-related child care costs: means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent under Section 78B-12-215. See Utah Code 78B-12-102
• Worksheets: means the forms used to aid in calculating the base child support award. See Utah Code 78B-12-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5