§ 78B-12-101 Title
§ 78B-12-102 Definitions
§ 78B-12-103 District court jurisdiction
§ 78B-12-104 Continuing jurisdiction
§ 78B-12-105 Duty of parents
§ 78B-12-105.1 Duty of biological father to share pregnancy expenses
§ 78B-12-106 Ward of state — Natural or adoptive parent has primary obligation to support — Right of third party to recover support
§ 78B-12-107 Duty of obligor regardless of presence or residence of obligee
§ 78B-12-108 Support follows the child
§ 78B-12-109 Waiver and estoppel
§ 78B-12-110 Appeals
§ 78B-12-111 Court order — Medical expenses of dependent children — Assigning responsibility for payment — Insurance coverage — Income withholding
§ 78B-12-112 Payment under child support order — Judgment
§ 78B-12-113 Enforcement of right of support
§ 78B-12-114 County attorney to assist obligee
§ 78B-12-115 Husband and wife privileged communication inapplicable — Competency of spouses
§ 78B-12-116 Social Security number in court records
§ 78B-12-117 Rights are in addition to those presently existing

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Terms Used In Utah Code > Title 78B > Chapter 12 > Part 1 - General Provisions

  • Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 78B-12-102
  • 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
  • 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
  • Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
  • 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
  • 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
  • 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.
  • 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
  • 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
  • Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102
  • 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
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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: 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
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • 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