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First Substitute S.B. 132
Senator Lyle W. Hillyard proposes the following substitute bill:
1
CHILD SUPPORT AND PATERNITY
2
AMENDMENTS
3
2003 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Lyle W. Hillyard
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This act modifies provisions relating to paternity and child support. It provides
7
definitions for "declarant father" and "presumptive father" and allows for a declaration
8
of paternity by a declarant father even if a presumptive father exists, allows for
9
registration of the declaration, and provides for the modification of a divorce decree or
10
child support order after paternity is determined. The act modifies provisions for
11
reimbursement by a child's parents if the child is removed from a home and the Juvenile
12
Court finds that the allegations were insufficient. This act also modifies child support
13
and parent-time provisions by clarifying provisions relating to deviations from the child
14
support guidelines, and allowing for reductions in child support for extended
15
parent-time.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-2-2, as last amended by Chapter 202, Laws of Utah 1995
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26-2-5, as last amended by Chapter 188, Laws of Utah 1998
20
30-3-5, as last amended by Chapter 255, Laws of Utah 2001
21
30-3-10.2, as last amended by Chapter 126, Laws of Utah 2001
22
30-3-35.5, as last amended by Chapters 130 and 255, Laws of Utah 2001
23
62A-4a-114, as last amended by Chapter 207, Laws of Utah 2000
24
62A-11-104, as last amended by Chapter 147, Laws of Utah 2002
25
62A-11-304.4, as last amended by Chapter 59, Laws of Utah 2002
26
62A-11-312.5, as last amended by Chapter 161, Laws of Utah 2000
27
70A-3-311, as enacted by Chapter 237, Laws of Utah 1993
28
78-3a-118, as last amended by Chapters 2 and 8, Laws of Utah 2002, Fifth Special
29
Session
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78-3a-906, as last amended by Chapter 300, Laws of Utah 2001
31
78-22-1, as last amended by Chapter 370, Laws of Utah 2001
32
78-45-7.2, as last amended by Chapter 232, Laws of Utah 1997
33
78-45-7.10, as last amended by Chapter 161, Laws of Utah 2000
34
78-45-7.11, as last amended by Chapter 255, Laws of Utah 2001
35
78-45-7.15, as last amended by Chapter 258, Laws of Utah 1995
36
78-45-9, as last amended by Chapter 258, Laws of Utah 1995
37
78-45-9.3, as renumbered and amended by Chapter 161, Laws of Utah 2000
38
78-45a-7, as last amended by Chapter 232, Laws of Utah 1997
39
78-45e-2, as last amended by Chapter 232, Laws of Utah 1997
40
78-45e-3, as last amended by Chapter 188, Laws of Utah 1998
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78-45e-4, as last amended by Chapter 232, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-2-2
is amended to read:
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26-2-2. Definitions.
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As used in this chapter:
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(1) "Dead body" or "decedent" means a human body or parts of the human body from
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the condition of which it reasonably may be concluded that death occurred.
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(2) "Dead fetus" means a product of human conception:
49
(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
50
period began to the date of delivery; and
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(b) that was not born alive.
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(3) "Declarant father" means a male who, with the biological mother, declares that he
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is the father of a child conceived as a result of sexual intercourse with the mother.
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[(3)] (4) "File" means the submission of a completed certificate or other similar
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document, record, or report as provided under this chapter for registration by the state registrar
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or a local registrar.
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[(4)] (5) "Funeral director" or "person acting as the funeral director" means the person
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who takes possession of a dead body or dead fetus, prepares the dead body or dead fetus and
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arranges for its final disposition, and includes:
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(a) a licensed funeral director;
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(b) a representative of a hospital which is making final disposition; or
62
(c) another person assuming responsibility for the final disposition of the remains.
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[(5)] (6) "Health care facility" has the same definition as in Section
26-21-2
.
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[(6)] (7) "Live birth" means the birth of a child who shows evidence of life after it is
65
entirely outside of the mother.
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[(7)] (8) "Local registrar" means a person appointed under Subsection
26-2-3
(2)(b).
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[(8)] (9) "Physician" means a person licensed to practice as a physician or osteopath in
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this state under Title 58, Chapter [12, Part 1 or Part 5] 67 or Chapter 68.
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(10) "Presumptive father" means the father of a child conceived or born during a
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marriage as defined in Section
30-1-17.2
.
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[(9)] (11) "Registration" or "register" means acceptance by the local or state registrar of
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a certificate and incorporation of it into the permanent records of the state.
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[(10)] (12) "State registrar" means the state registrar of vital records appointed under
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Subsection
26-2-3
(1)(e).
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[(11)] (13) "Vital records" means registered certificates or reports of birth, death, fetal
76
death, marriage, divorce, dissolution of marriage, or annulment, amendments to any of these
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registered certificates or reports, and other similar documents.
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[(12)] (14) "Vital statistics" means the data derived from registered certificates and
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reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce,
80
dissolution of marriage, or annulment.
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Section 2.
Section
26-2-5
is amended to read:
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26-2-5. Birth certificates -- Execution and registration requirements.
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(1) As used in this section, "birthing facility" means a general acute hospital or birthing
84
center as defined in Section
26-21-2
.
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(2) For each live birth occurring in the state, a certificate shall be filed with the local
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registrar for the district in which the birth occurred within ten days following the birth. The
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certificate shall be registered if it is completed and filed in accordance with this chapter.
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(3) (a) For each live birth that occurs in a birthing facility, the administrator of the
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birthing facility, or his designee, shall obtain and enter the information required under this
90
chapter on the certificate, securing the required signatures, and filing the certificate.
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(b) (i) The date, time, place of birth, and required medical information shall be certified
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by the birthing facility administrator or his designee.
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(ii) The attending physician or nurse midwife may sign the certificate, but if the
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attending physician or nurse midwife has not signed the certificate within seven days of the
95
date of birth, the birthing facility administrator or his designee shall enter the attending
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physician's or nurse midwife's name and transmit the certificate to the local registrar.
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(iii) The information on the certificate about the parents shall be provided and certified
98
by the mother or father or, in their incapacity or absence, by a person with knowledge of the
99
facts.
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(4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
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completed and filed by the physician, nurse, midwife, or other person primarily responsible for
102
providing assistance to the mother at the birth. If there is no such person, either the
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presumptive or declarant father shall complete and file the certificate. In his absence, the
104
mother shall complete and file the certificate, and in the event of her death or disability, the
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owner or operator of the premises where the birth occurred shall do so.
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(b) The certificate shall be completed as fully as possible and shall include the date,
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time, and place of birth, the mother's name, and the signature of the person completing the
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certificate.
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[(4)] (5) (a) For each live birth to an unmarried mother that occurs in a birthing facility,
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the administrator or director of that facility, or his designee, shall:
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(i) provide the birth mother and [biological] declarant father, if present, with:
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(A) a voluntary declaration of paternity form published by the state registrar;
113
(B) oral and written notice to the birth mother and [biological] declarant father of the
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alternatives to, the legal consequences of, and the rights and responsibilities that arise from
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signing the declaration; and
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(C) the opportunity to sign the declaration;
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(ii) witness the signature of a birth mother or [biological] declarant father in accordance
118
with Section
78-45e-3
if the signature occurs at the hospital;
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(iii) enter the [biological] declarant father's information on the original birth certificate,
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but only if the mother and biological father have signed a voluntary declaration of paternity or a
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court or administrative agency has issued an adjudication of paternity; and
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(iv) file the completed declaration with the original birth certificate.
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(b) If there is a presumptive father, the voluntary declaration will only be valid if the
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presumptive father also signs the voluntary declaration.
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[(b)] (c) The state registrar shall file the information provided on the voluntary
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declaration of paternity form with the original birth certificate and may provide certified copies
127
of the declaration of paternity as otherwise provided under Title 78, Chapter 45e, Voluntary
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Declaration of Paternity [Act].
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[(5) (a) For live births that occur outside a birthing facility, the certificate shall be
130
completed and filed by the physician, nurse, midwife, or other person primarily responsible for
131
providing assistance to the mother at the birth. If there is no such person, the father shall
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complete and file the certificate. In his absence, the mother shall complete and file the
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certificate, and in the event of her death or disability, the owner or operator of the premises
134
where the birth occurred shall do so.]
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[(b) The certificate shall be completed as fully as possible and shall include the date,
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time, and place of birth, the mother's name, and the signature of the person completing the
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certificate.]
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(6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
139
a description of the process for filing a voluntary declaration of paternity, and of the rights and
140
responsibilities established or effected by that filing, in accordance with Title 78, Chapter 45e,
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Voluntary Declaration of Paternity [Act].
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(b) Information regarding the form and services related to voluntary paternity
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establishment shall be made available to birthing facilities and to any other entity or individual
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upon request.
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(7) The name of a declarant father may only be included on the birth certificate of a
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child of unmarried parents if:
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(a) the mother and declarant father have signed a voluntary declaration of paternity; or
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(b) a court or administrative agency has issued an adjudication of paternity.
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(8) Voluntary declarations of paternity [and], adjudications of paternity by judicial or
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administrative agencies, and voluntary rescissions of paternity shall be filed with and
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maintained by the state [registry] registrar for the purpose of comparing information with the
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state case registry maintained by the Office of Recovery Services pursuant to Section
153
62A-11-104
.
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Section 3.
Section
30-3-5
is amended to read:
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30-3-5. Disposition of property -- Maintenance and health care of parties and
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children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
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parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
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(1) When a decree of divorce is rendered, the court may include in it equitable orders
159
relating to the children, property, debts or obligations, and parties. The court shall include the
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following in every decree of divorce:
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(a) an order assigning responsibility for the payment of reasonable and necessary
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medical and dental expenses of the dependent children;
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(b) if coverage is or becomes available at a reasonable cost, an order requiring the
164
purchase and maintenance of appropriate health, hospital, and dental care insurance for the
165
dependent children;
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(c) pursuant to Section
15-4-6.5
:
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(i) an order specifying which party is responsible for the payment of joint debts,
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obligations, or liabilities of the parties contracted or incurred during marriage;
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(ii) an order requiring the parties to notify respective creditors or obligees, regarding
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the court's division of debts, obligations, or liabilities and regarding the parties' separate,
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current addresses; and
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(iii) provisions for the enforcement of these orders; and
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(d) provisions for income withholding in accordance with Title 62A, Chapter 11,
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Recovery Services.
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(2) The court may include, in an order determining child support, an order assigning
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financial responsibility for all or a portion of child care expenses incurred on behalf of the
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dependent children, necessitated by the employment or training of the custodial parent. If the
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court determines that the circumstances are appropriate and that the dependent children would
179
be adequately cared for, it may include an order allowing the noncustodial parent to provide
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child care for the dependent children, necessitated by the employment or training of the
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custodial parent.
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(3) The court has continuing jurisdiction to make subsequent changes or new orders for
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the custody of the children and their support, maintenance, health, and dental care, and for
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distribution of the property and obligations for debts as is reasonable and necessary.
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(4) Child support, custody, visitation, and other matters related to children born to the
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mother and father after entry of the decree of divorce may be added to the decree by
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modification.
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[(4)] (5) (a) In determining parent-time rights of parents and visitation rights of
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grandparents and other members of the immediate family, the court shall consider the best
190
interest of the child.
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(b) Upon a specific finding by the court of the need for peace officer enforcement, the
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court may include in an order establishing a parent-time or visitation schedule a provision,
193
among other things, authorizing any peace officer to enforce a court-ordered parent-time or
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visitation schedule entered under this chapter.
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[(5)] (6) If a petition for modification of child custody or parent-time provisions of a
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court order is made and denied, the court shall order the petitioner to pay the reasonable
197
attorneys' fees expended by the prevailing party in that action, if the court determines that the
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petition was without merit and not asserted or defended against in good faith.
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[(6)] (7) If a petition alleges substantial noncompliance with a parent-time order by a
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parent, or a visitation order by a grandparent or other member of the immediate family pursuant
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to Section
78-32-12.2
where a visitation or parent-time right has been previously granted by the
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court, the court may award to the prevailing party costs, including actual attorney fees and
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court costs incurred by the prevailing party because of the other party's failure to provide or
204
exercise court-ordered visitation or parent-time.
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[(7)] (8) (a) The court shall consider at least the following factors in determining
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alimony:
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(i) the financial condition and needs of the recipient spouse;
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(ii) the recipient's earning capacity or ability to produce income;
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(iii) the ability of the payor spouse to provide support;
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(iv) the length of the marriage;
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(v) whether the recipient spouse has custody of minor children requiring support;
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(vi) whether the recipient spouse worked in a business owned or operated by the payor
213
spouse; and
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(vii) whether the recipient spouse directly contributed to any increase in the payor
215
spouse's skill by paying for education received by the payor spouse or allowing the payor
216
spouse to attend school during the marriage.
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(b) The court may consider the fault of the parties in determining alimony.
218
(c) As a general rule, the court should look to the standard of living, existing at the
219
time of separation, in determining alimony in accordance with Subsection [(7)] (8)(a).
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However, the court shall consider all relevant facts and equitable principles and may, in its
221
discretion, base alimony on the standard of living that existed at the time of trial. In marriages
222
of short duration, when no children have been conceived or born during the marriage, the court
223
may consider the standard of living that existed at the time of the marriage.
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(d) The court may, under appropriate circumstances, attempt to equalize the parties'
225
respective standards of living.
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(e) When a marriage of long duration dissolves on the threshold of a major change in
227
the income of one of the spouses due to the collective efforts of both, that change shall be
228
considered in dividing the marital property and in determining the amount of alimony. If one
229
spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
230
the marriage, the court may make a compensating adjustment in dividing the marital property
231
and awarding alimony.
232
(f) In determining alimony when a marriage of short duration dissolves, and no
233
children have been conceived or born during the marriage, the court may consider restoring
234
each party to the condition which existed at the time of the marriage.
235
(g) (i) The court has continuing jurisdiction to make substantive changes and new
236
orders regarding alimony based on a substantial material change in circumstances not
237
foreseeable at the time of the divorce.
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(ii) The court may not modify alimony or issue a new order for alimony to address
239
needs of the recipient that did not exist at the time the decree was entered, unless the court
240
finds extenuating circumstances that justify that action.
241
(iii) In determining alimony, the income of any subsequent spouse of the payor may not
242
be considered, except as provided in this Subsection [(7)] (8).
243
(A) The court may consider the subsequent spouse's financial ability to share living
244
expenses.
245
(B) The court may consider the income of a subsequent spouse if the court finds that
246
the payor's improper conduct justifies that consideration.
247
(h) Alimony may not be ordered for a duration longer than the number of years that the
248
marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
249
circumstances that justify the payment of alimony for a longer period of time.
250
[(8)] (9) Unless a decree of divorce specifically provides otherwise, any order of the
251
court that a party pay alimony to a former spouse automatically terminates upon the remarriage
252
or death of that former spouse. However, if the remarriage is annulled and found to be void ab
253
initio, payment of alimony shall resume if the party paying alimony is made a party to the
254
action of annulment and his rights are determined.
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[(9)] (10) Any order of the court that a party pay alimony to a former spouse terminates
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upon establishment by the party paying alimony that the former spouse is cohabitating with
257
another person.
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Section 4.
Section
30-3-10.2
is amended to read:
259
30-3-10.2. Joint legal or physical custody order -- Factors for court determination
260
-- Public assistance.
261
(1) The court may order joint legal custody or joint physical custody or both if the
262
parents have filed a parenting plan in accordance with Section
30-3-10.8
and it determines that
263
joint legal custody or joint physical custody or both is in the best interest of the child.
264
(2) In determining whether the best interest of a child will be served by ordering joint
265
legal or physical custody, the court shall consider the following factors:
266
(a) whether the physical, psychological, and emotional needs and development of the
267
child will benefit from joint legal or physical custody;
268
(b) the ability of the parents to give first priority to the welfare of the child and reach
269
shared decisions in the child's best interest;
270
(c) whether each parent is capable of encouraging and accepting a positive relationship
271
between the child and the other parent;
272
(d) whether both parents participated in raising the child before the divorce;
273
(e) the geographical proximity of the homes of the parents;
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(f) the preference of the child if the child is of sufficient age and capacity to reason so
275
as to form an intelligent preference as to joint legal custody;
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(g) the maturity of the parents and their willingness and ability to protect the child from
277
conflict that may arise between the parents; and
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(h) any other factors the court finds relevant.
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(3) The determination of the best interest of the child shall be by a preponderance of
280
the evidence.
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(4) The court shall inform both parties that[: (a)] an order for joint [legal] physical
282
custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3,
283
Employment Support Act[; and].
284
[(b) if cash assistance is required for the support of children of the parties at any time
285
subsequent to an order of joint legal custody, the order may be terminated under Section
286
30-3-10.4
.]
287
(5) The court may order that where possible the parties attempt to settle future disputes
288
by a dispute resolution method before seeking enforcement or modification of the terms and
289
conditions of the order of joint legal custody or joint physical custody through litigation, except
290
in emergency situations requiring ex parte orders to protect the child.
291
Section 5.
Section
30-3-35.5
is amended to read:
292
30-3-35.5. Minimum schedule for parent-time for children under five years of
293
age.
294
(1) The parent-time schedule in this section applies to children under five years old.
295
(2) If the parties do not agree to a parent-time schedule, the following schedule shall be
296
considered the minimum parent-time to which the noncustodial parent and the child shall be
297
entitled:
298
(a) for children under five months of age:
299
(i) six hours of parent-time per week to be specified by the court or the noncustodial
300
parent preferably:
301
(A) divided into three parent-time periods; and
302
(B) in the custodial home, established child care setting, or other environment familiar
303
to the child; and
304
(ii) two hours on holidays and in the years specified in Subsections
30-3-35
(2)(f)
305
through (i) preferably in the custodial home, the established child care setting, or other
306
environment familiar to the child;
307
(b) for children five months of age or older, but younger than ten months of age:
308
(i) nine hours of parent-time per week to be specified by the court or the noncustodial
309
parent preferably:
310
(A) divided into three parent-time periods; and
311
(B) in the custodial home, established child care setting, or other environment familiar
312
to the child; and
313
(ii) two hours on the holidays and in the years specified in Subsections
30-3-35
(2)(f)
314
through (i) preferably in the custodial home, the established child care setting, or other
315
environment familiar to the child;
316
(c) for children ten months of age or older, but younger than 18 months of age:
317
(i) one eight hour visit per week to be specified by the noncustodial parent or court;
318
(ii) one three hour visit per week to be specified by the noncustodial parent or court;
319
(iii) eight hours on the holidays and in the years specified in Subsections [
30-3-5
]
320
30-3-35
(2)(f) through (i); and
321
(iv) brief phone contact with the noncustodial parent at least two times per week;
322
(d) for children 18 months of age or older, but younger than three years of age:
323
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
324
noncustodial parent or court; however, if the child is being cared for during the day outside his
325
regular place of residence, the noncustodial parent may, with advance notice to the custodial
326
parent, pick up the child from the caregiver at an earlier time and return him to the custodial
327
parent by 8:30 p.m.;
328
(ii) alternative weekends beginning on the first weekend after the entry of the decree
329
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
330
(iii) parent-time on holidays as specified in Subsections
30-3-35
(2)(c) through (i);
331
(iv) extended parent-time may be:
332
(A) two one-week periods, separated by at least four weeks, at the option of the
333
noncustodial parent;
334
(B) one week shall be uninterrupted time for the noncustodial parent;
335
(C) the remaining week shall be subject to parent-time for the custodial parent
336
consistent with these guidelines; and
337
(D) the custodial parent shall have an identical one-week period of uninterrupted time
338
for vacation; and
339
(v) brief phone contact with the noncustodial parent at least two times per week;
340
(e) for children three years of age or older, but younger than five years of age:
341
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
342
noncustodial parent or court; however, if the child is being cared for during the day outside his
343
regular place of residence, the noncustodial parent may, with advance notice to the custodial
344
parent, pick up the child from the caregiver at an earlier time and return him to the custodial
345
parent by 8:30 p.m.;
346
(ii) alternative weekends beginning on the first weekend after the entry of the decree
347
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
348
(iii) parent-time on holidays as specified in Subsections
30-3-35
(2)(c) through (i);
349
(iv) extended parent-time with the noncustodial parent may be:
350
(A) two two-week periods, separated by at least four weeks, at the option of the
351
noncustodial parent;
352
(B) one two-week period shall be uninterrupted time for the noncustodial parent;
353
(C) the remaining two-week period shall be subject to parent-time for the custodial
354
parent consistent with these guidelines; and
355
(D) the custodial parent shall have an identical two-week period of uninterrupted time
356
for vacation; and
357
(v) brief phone contact with the noncustodial parent at least two times per week.
358
(3) A parent shall notify the other parent at least 30 days in advance of extended
359
parent-time or vacation weeks.
360
(4) Telephone contact shall be at reasonable hours and for reasonable duration.
361
Section 6.
Section
62A-4a-114
is amended to read:
362
62A-4a-114. Financial reimbursement by parent or legal guardian.
363
(1) The division shall seek reimbursement of funds it has expended on behalf of a child
364
in the protective custody, temporary custody, or custody of the division, from the child's
365
parents or legal guardians in accordance with an order for child support under Section
366
78-3a-906
.
367
[(2) The parent or legal guardian is only responsible for child support with regard to a
368
case involving allegations of abuse or neglect against the parent or legal guardian if those
369
allegations are substantiated.]
370
(2) A parent or any other obligated person is not responsible for support for periods of
371
time that a child is removed upon a finding by the Juvenile Court that there were insufficient
372
grounds for that removal and that child is returned to the home of the parent, parents, or legal
373
guardians based upon that finding.
374
(3) In the event that the Juvenile Court finds that there were insufficient grounds for
375
the initial removal, but that the child is to remain in the custody of the state, the Juvenile Court
376
shall order that the parents or any other obligated persons are responsible for support from the
377
point at which it became improper to return the child to the home of his or her parent, parents,
378
or legal guardians.
379
[(3)] (4) The attorney general shall represent the division in any legal action taken to
380
enforce this section.
381
Section 7.
Section
62A-11-104
is amended to read:
382
62A-11-104. Duties of office.
383
The office has the following duties:
384
(1) to provide child support services if:
385
(a) the office has received an application for child support services;
386
(b) the state has provided public assistance; or
387
(c) a child lives out of the home in the protective custody, temporary custody, or
388
custody or care of the state [or another party for at least 30 days];
389
(2) to carry out the obligations of the department contained in this chapter and in Title
390
78, Chapters 45, Uniform Civil Liability for Support Act, Chapter 45a, Uniform Act on
391
Paternity, and Chapter 45f, Uniform Interstate Family Support Act, for the purpose of
392
collecting child support;
393
(3) to recover public assistance provided to persons for which they were ineligible;
394
(4) to collect money due the department which could act to offset expenditures by the
395
state;
396
(5) to cooperate with the federal government in programs designed to recover health
397
and social service funds;
398
(6) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
399
and reimbursable expenses owed to the state or any of its political subdivisions, if the office
400
has contracted to provide collection services;
401
(7) to implement income withholding for collection of child support in accordance with
402
Part 4, Income Withholding in IV-D Cases, of this chapter;
403
(8) to enter into agreements with financial institutions doing business in the state to
404
develop and operate, in coordination with such financial institutions, a data match system in the
405
manner provided for in Section
62A-11-304.5
;
406
(9) to establish and maintain the state case registry in the manner required by the Social
407
Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
408
(a) the amount of monthly or other periodic support owed under the order, and other
409
amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
410
the order;
411
(b) any amount described in Subsection (9)(a) that has been collected;
412
(c) the distribution of collected amounts;
413
(d) the birth date of any child for whom the order requires the provision of support; and
414
(e) the amount of any lien imposed with respect to the order pursuant to this part;
415
(10) to contract with the Department of Workforce Services to establish and maintain
416
the new hire registry created under Section
35A-7-103
;
417
(11) to determine whether an individual who has applied for or is receiving cash
418
assistance or Medicaid is cooperating in good faith with the office as required by Section
419
62A-11-307.2
;
420
(12) to finance any costs incurred from collections, fees, General Fund appropriation,
421
contracts, and federal financial participation; and
422
(13) to provide notice to a noncustodial parent in accordance with Section
423
62A-11-304.4
of the opportunity to contest the accuracy of allegations by a custodial parent of
424
nonpayment of past-due child support, prior to taking action against a noncustodial parent to
425
collect the alleged past-due support.
426
Section 8.
Section
62A-11-304.4
is amended to read:
427
62A-11-304.4. Filing of location information -- Service of process.
428
(1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
429
modify, or enforce a support order, each party shall file identifying information and shall
430
update that information as changes occur:
431
(i) with the court or administrative agency that conducted the proceeding; and
432
(ii) after October 1, 1998, with the state case registry.
433
(b) The identifying information required under Subsection (1)(a) shall include the
434
person's social security number, driver's license number, residential and mailing addresses,
435
telephone numbers, the name, address, and telephone number of employers, and any other data
436
required by the United States Secretary of Health and Human Services.
437
(c) In any subsequent child support action involving the office or between the parties,
438
state due process requirements for notice and service of process shall be satisfied as to a party
439
upon:
440
(i) a sufficient showing that diligent effort has been made to ascertain the location of
441
the party; and
442
(ii) delivery of notice to the most recent residential or employer address filed with the
443
court, administrative agency, or state case registry under Subsection (1)(a).
444
(2) (a) The office shall provide individuals who are applying for or receiving services
445
under this chapter or who are parties to cases in which services are being provided under this
446
chapter:
447
(i) with notice of all proceedings in which support obligations might be established or
448
modified; and
449
(ii) with a copy of any order establishing or modifying a child support obligation, or in
450
the case of a petition for modification, a notice of determination that there should be no change
451
in the amount of the child support award, within 14 days after issuance of such order or
452
determination.
453
(b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
454
be provided in accordance with Section
78-45f-614
.
455
(3) Service of all notices and orders under this part shall be made in accordance with
456
Title 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
457
this section.
458
(4) Consistent with Title 63, Chapter 2, Government Records Access and Management
459
Act, the office shall adopt procedures to classify records to prohibit the unauthorized use or
460
disclosure of information relating to a proceeding to:
461
(a) establish paternity; or
462
(b) establish or enforce support.
463
(5) (a) The office shall, upon written request, provide location information available in
464
its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
465
provided that:
466
(i) the party seeking the information produces a copy of the parent-time order signed by
467
the court;
468
(ii) the information has not been safeguarded in accordance with Section 454 of the
469
Social Security Act;
470
(iii) the party whose location is being sought has been afforded notice in accordance
471
with this section [
62A-11-304.4
] of the opportunity to contest release of the information;
472
(iv) the party whose location is being sought has not provided the office with a copy of
473
a protective order, a current court order prohibiting disclosure, a current court order limiting or
474
prohibiting the requesting person's contact with the party or child whose location is being
475
sought, a criminal order, an administrative order pursuant to Section
62A-4a-116.5
, or
476
documentation of a pending proceeding for any of the above; and
477
(v) there is no other state or federal law that would prohibit disclosure.
478
(b) "Location information" shall consist of the current residential address of the
479
custodial or noncustodial parent and, if different and known to the office, the current residence
480
of any children who are the subject of the parent-time order. If there is no current residential
481
address available, the person's place of employment and any other location information shall be
482
disclosed.
483
(c) For the purposes of this section, "reason to believe" under Section 454 of the Social
484
Security Act means that the person seeking to safeguard information has provided to the office
485
a copy of a protective order, current court order prohibiting disclosure, current court order
486
prohibiting or limiting the requesting person's contact with the party or child whose location is
487
being sought, or criminal order signed by a court of competent jurisdiction, an administrative
488
order pursuant to Section
62A-4a-116.5
, or documentation of a pending proceeding for any of
489
the above.
490
(d) Neither the state, the department, the office nor its employees shall be liable for any
491
information released in accordance with this section.
492
Section 9.
Section
62A-11-312.5
is amended to read:
493
62A-11-312.5. Liens by operation of law and writs of garnishment.
494
(1) Each payment or installment of child support is, on and after the date it is due, a
495
judgment with the same attributes and effect of any judgment of a district court in accordance
496
with Section
78-45-9.3
and for purposes of Section
78-22-1
.
497
(2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
498
lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
499
district court where the obligor's real property is located if the notice:
500
[(i) identifies this section;]
501
[(ii)] (i) specifies the amount of past-due support; and
502
[(iii)] (ii) complies with the procedural requirements of Section
78-22-1
.
503
(b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
504
execute a judgment or final administrative order under this section against real or personal
505
property in the obligor's possession.
506
[(c) A lien under this Subsection (2) shall continue for a period of eight years from the
507
time of docketing unless previously satisfied.]
508
(3) (a) The office may issue a writ of garnishment against the obligor's personal
509
property in the possession of a third party for a judgment under Subsection (1) or a final
510
administrative order in the same manner and with the same effect as if the writ were issued on
511
a judgment of a district court if:
512
(i) the judgment or final administrative order is recorded on the office's automated case
513
registry; and
514
(ii) the writ is signed by the director or the director's designee and served by certified
515
mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
516
(b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
517
and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
518
provided by Section
62A-11-316
.
519
Section 10.
Section
70A-3-311
is amended to read:
520
70A-3-311. Accord and satisfaction by use of instrument.
521
(1) If a person against whom a claim is asserted proves that that person in good faith
522
tendered an instrument to the claimant as full satisfaction of the claim, the amount of the claim
523
was unliquidated or subject to a bona fide dispute, and the claimant obtained payment of the
524
instrument, the following subsections apply.
525
(2) Unless Subsection (3) applies, the claim is discharged if the person against whom
526
the claim is asserted proves that the instrument or an accompanying written communication
527
contained a conspicuous statement to the effect that the instrument was tendered as full
528
satisfaction of the claim.
529
(3) Subject to Subsection (4), a claim is not discharged under Subsection (2) if either of
530
the following applies:
531
(a) The claimant, if an organization, proves that:
532
(i) within a reasonable time before the tender, the claimant sent a conspicuous
533
statement to the person against whom the claim is asserted, which states that communications
534
concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to
535
be sent to a designated person, office, or place; and
536
(ii) the instrument or accompanying communication was not received by that
537
designated person, office, or place.
538
(b) The claimant, whether or not an organization, proves that within 90 days after
539
payment of the instrument, the claimant tendered repayment of the amount of the instrument to
540
the person against whom the claim is asserted. This Subsection (3)(b) does not apply if the
541
claimant is an organization that sent a statement complying with Subsection (3)(a)(i).
542
(4) A claim is discharged if the person against whom the claim is asserted proves that
543
within a reasonable time before collection of the instrument was initiated, the claimant, or an
544
agent of the claimant having direct responsibility with respect to the disputed obligation, knew
545
that the instrument was tendered in full satisfaction of the claim.
546
(5) Merely writing a statement on a check which declares that a child support
547
obligation is paid in full is not sufficient to bind the recipient who endorses the check. Child
548
support obligations are considered owing unless paid in full or otherwise ordered by a tribunal.
549
Section 11.
Section
78-3a-118
is amended to read:
550
78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
551
Enumeration of possible court orders -- Considerations of court -- Obtaining DNA
552
sample.
553
(1) (a) When a minor is found to come within the provisions of Section
78-3a-104
, the
554
court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
555
jurisdiction over the minor. However, in cases within the provisions of Subsection
556
78-3a-104
(1), findings of fact are not necessary.
557
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of
558
Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
559
to the school superintendent of the district in which the minor resides or attends school. Notice
560
shall be made to the district superintendent within three days of the adjudication and shall
561
include the specific offenses for which the minor was adjudicated.
562
(2) Upon adjudication the court may make the following dispositions by court order:
563
(a) (i) The court may place the minor on probation or under protective supervision in
564
the minor's own home and upon conditions determined by the court, including compensatory
565
service as provided in Section
78-11-20.7
.
566
(ii) The court may place the minor in state supervision with the probation department
567
of the court, under the legal custody of:
568
(A) his parent or guardian;
569
(B) the Division of Youth Corrections; or
570
(C) the Division of Child and Family Services.
571
(iii) If the court orders probation or state supervision, the court shall direct that notice
572
of its order be provided to designated persons in the local law enforcement agency and the
573
school or transferee school, if applicable, which the minor attends. The designated persons
574
may receive the information for purposes of the minor's supervision and student safety.
575
(iv) Any employee of the local law enforcement agency and the school which the
576
minor attends who discloses the court's order of probation is not:
577
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
578
Section
63-30-4
; and
579
(B) civilly or criminally liable except when the disclosure constitutes a knowing
580
violation of Section
63-2-801
.
581
(b) The court may place the minor in the legal custody of a relative or other suitable
582
person, with or without probation or protective supervision, but the juvenile court may not
583
assume the function of developing foster home services.
584
(c) (i) The court may:
585
(A) vest legal custody of the minor in the Division of Child and Family Services,
586
Division of Youth Corrections, or the Division of Substance Abuse and Mental Health; and
587
(B) order the Department of Human Services to provide dispositional
588
recommendations and services.
589
(ii) For minors who may qualify for services from two or more divisions within the
590
Department of Human Services, the court may vest legal custody with the department.
591
(iii) (A) Minors who are committed to the custody of the Division of Child and Family
592
Services on grounds other than abuse or neglect are subject to the provisions of Title 78,
593
Chapter 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title
594
62A, Chapter 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
595
(B) Prior to the court entering an order to place a minor in the custody of the Division
596
of Child and Family Services on grounds other than abuse or neglect, the court shall provide
597
the division with notice of the hearing no later than five days before the time specified for the
598
hearing so the division may attend the hearing.
599
(C) Prior to committing a minor to the custody of the Division of Child and Family
600
Services, the court shall make a finding as to what reasonable efforts have been attempted to
601
prevent the minor's removal from his home.
602
(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
603
confinement.
604
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
605
or dependency under Subsection
78-3a-104
(1)(c) may not be committed to the Division of
606
Youth Corrections.
607
(e) The court may commit the minor, subject to the court retaining continuing
608
jurisdiction over him, to the temporary custody of the Division of Youth Corrections for
609
observation and evaluation for a period not to exceed 45 days, which period may be extended
610
up to 15 days at the request of the director of the Division of Youth Corrections.
611
(f) (i) The court may commit the minor to a place of detention or an alternative to
612
detention for a period not to exceed 30 days subject to the court retaining continuing
613
jurisdiction over the minor. This commitment may be stayed or suspended upon conditions
614
ordered by the court.
615
(ii) This Subsection (2)(f) applies only to those minors adjudicated for:
616
(A) an act which if committed by an adult would be a criminal offense; or
617
(B) contempt of court under Section
78-3a-901
.
618
(g) The court may vest legal custody of an abused, neglected, or dependent minor in
619
the Division of Child and Family Services or any other appropriate person in accordance with
620
the requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
621
Dependency Proceedings.
622
(h) The court may place the minor on a ranch or forestry camp, or similar facility for
623
care and also for work, if possible, if the person, agency, or association operating the facility
624
has been approved or has otherwise complied with all applicable state and local laws. A minor
625
placed in a forestry camp or similar facility may be required to work on fire prevention,
626
forestation and reforestation, recreational works, forest roads, and on other works on or off the
627
grounds of the facility and may be paid wages, subject to the approval of and under conditions
628
set by the court.
629
(i) The court may order the minor to repair, replace, or otherwise make restitution for
630
damage or loss caused by the minor's wrongful act, including costs of treatment as stated in
631
Section
78-3a-318
and impose fines in limited amounts. If a minor has been returned to this
632
state under the Interstate Compact on Juveniles, the court may order the minor to make
633
restitution for costs expended by any governmental entity for the return.
634
(j) The court may issue orders necessary for the collection of restitution and fines
635
ordered by the court, including garnishments, wage withholdings, and executions.
636
(k) (i) The court may through its probation department encourage the development of
637
employment or work programs to enable minors to fulfill their obligations under Subsection
638
(2)(i) and for other purposes considered desirable by the court.
639
(ii) Consistent with the order of the court, the probation officer may permit the minor
640
found to be within the jurisdiction of the court to participate in a program of work restitution or
641
compensatory service in lieu of paying part or all of the fine imposed by the court.
642
(l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in
643
addition to any other disposition authorized by this section:
644
(A) restrain the minor from driving for periods of time the court considers necessary;
645
and
646
(B) take possession of the minor's driver license.
647
(ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
648
suspension of driving privileges for an offense under Section
78-3a-506
are governed only by
649
Section
78-3a-506
.
650
(m) (i) When a minor is found within the jurisdiction of the juvenile court under
651
Section
78-3a-104
because of violating Section
58-37-8
, Title 58, Chapter 37a, Utah Drug
652
Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
653
shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
654
minimum of 20 hours, but no more than 100 hours, of compensatory service. Satisfactory
655
completion of an approved substance abuse prevention or treatment program may be credited
656
by the court as compensatory service hours.
657
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
658
78-3a-104
because of a violation of Section
32A-12-209
or Subsection
76-9-701
(1), the court
659
may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
660
that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
661
service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
662
approved substance abuse prevention or treatment program may be credited by the court as
663
compensatory service hours.
664
(n) The court may order that the minor be examined or treated by a physician, surgeon,
665
psychiatrist, or psychologist or that he receive other special care. For these purposes the court
666
may place the minor in a hospital or other suitable facility.
667
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the
668
interest of the minor, and may appoint as guardian a public or private institution or agency in
669
which legal custody of the minor is vested.
670
(ii) In placing a minor under the guardianship or legal custody of an individual or of a
671
private agency or institution, the court shall give primary consideration to the welfare of the
672
minor. When practicable, the court may take into consideration the religious preferences of the
673
minor and of the minor's parents.
674
(p) (i) In support of a decree under Section
78-3a-104
, the court may order reasonable
675
conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or
676
any other person who has been made a party to the proceedings. Conditions may include:
677
(A) parent-time by the parents or one parent;
678
(B) restrictions on the minor's associates;
679
(C) restrictions on the minor's occupation and other activities; and
680
(D) requirements to be observed by the parents or custodian.
681
(ii) A minor whose parents or guardians successfully complete a family or other
682
counseling program may be credited by the court for detention, confinement, or probation time.
683
(q) The court may order the minor to be placed in the legal custody of the Division of
684
Substance Abuse and Mental Health or committed to the physical custody of a local mental
685
health authority, in accordance with the procedures and requirements of Title 62A, Chapter 15,
686
Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental
687
Health.
688
(r) (i) The court may make an order committing a minor within its jurisdiction to the
689
Utah State Developmental Center if the minor has mental retardation in accordance with the
690
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
691
(ii) The court shall follow the procedure applicable in the district courts with respect to
692
judicial commitments to the Utah State Developmental Center when ordering a commitment
693
under Subsection (2)(r)(i).
694
(s) The court may terminate all parental rights upon a finding of compliance with the
695
provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
696
(t) The court may make any other reasonable orders for the best interest of the minor or
697
as required for the protection of the public, except that a person younger than 18 years of age
698
may not be committed to jail or prison.
699
(u) The court may combine the dispositions listed in this section if they are compatible.
700
(v) Before depriving any parent of custody, the court shall give due consideration to the
701
rights of parents concerning their minor. The court may transfer custody of a minor to another
702
person, agency, or institution in accordance with the requirements and procedures of Title 78,
703
Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
704
(w) Except as provided in Subsection (2)(y)(i), an order under this section for
705
probation or placement of a minor with an individual or an agency shall include a date certain
706
for a review of the case by the court. A new date shall be set upon each review.
707
(x) In reviewing foster home placements, special attention shall be given to making
708
adoptable minors available for adoption without delay.
709
(y) (i) The juvenile court may enter an order of permanent custody and guardianship
710
with a relative or individual of a minor where the court has previously acquired jurisdiction as
711
a result of an adjudication of abuse, neglect, or dependency, excluding cases arising under
712
Subsection
78-3a-105
(4). The juvenile court may enter an order for child support on behalf of
713
the minor child against the natural or adoptive parents of the child.
714
(ii) Orders under Subsection (2)(y)(i):
715
(A) shall remain in effect until the minor reaches majority;
716
(B) are not subject to review under Section
78-3a-119
; and
717
(C) may be modified by petition or motion as provided in Section
78-3a-903
.
718
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
719
permanent orders of custody and guardianship do not expire with a termination of jurisdiction
720
of the juvenile court.
721
(3) In addition to the dispositions described in Subsection (2), when a minor comes
722
within the court's jurisdiction he may be given a choice by the court to serve in the National
723
Guard in lieu of other sanctions, provided:
724
(a) the minor meets the current entrance qualifications for service in the National
725
Guard as determined by a recruiter, whose determination is final;
726
(b) the minor is not under the jurisdiction of the court for any act that:
727
(i) would be a felony if committed by an adult;
728
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
729
(iii) was committed with a weapon; and
730
(c) the court retains jurisdiction over the minor under conditions set by the court and
731
agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
732
(4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction of
733
the court as described in Subsection
53-10-403
(3). The specimen shall be obtained by
734
designated employees of the court or, if the minor is in the legal custody of the Division of
735
Youth Corrections, then by designated employees of the division under Subsection
736
53-10-404
(5)(b).
737
(b) The responsible agency shall ensure that employees designated to collect the saliva
738
DNA specimens receive appropriate training and that the specimens are obtained in accordance
739
with accepted protocol.
740
(c) Reimbursements paid under Subsection
53-10-404
(2)(a) shall be placed in the DNA
741
Specimen Restricted Account created in Section
53-10-407
.
742
(d) Payment of the reimbursement is second in priority to payments the minor is
743
ordered to make for restitution under this section and treatment under Section
78-3a-318
.
744
Section 12.
Section
78-3a-906
is amended to read:
745
78-3a-906. Child support obligation when custody of a minor is vested in an
746
individual or institution.
747
(1) When legal custody of a minor is vested by the court in a secure youth corrections
748
facility or any other state department, division, or agency other than his parents, or if the
749
guardianship of the child has been granted to another party and an agreement for a guardianship
750
subsidy has been signed by the guardian, the court shall order the parents, a parent, or any other
751
obligated person to pay child support for each month the child is in custody. In the same
752
proceeding the court shall inform the parents, a parent, or any other obligated person, verbally
753
and in writing, of the requirement to pay child support in accordance with Title 78, Chapter 45,
754
Uniform Civil Liability for Support Act.
755
(2) If legal custody of a minor is vested by the court in a secure youth corrections
756
facility, or any other state department, division, or agency, the court may refer the
757
establishment of a child support order to the Office of Recovery Services. The referral shall be
758
sent to the Office of Recovery Services within three working days of the hearing. Support
759
obligation amounts shall be set by the Office of Recovery Services in accordance with Title 78,
760
Chapter 45, Uniform Civil Liability for Support Act.
761
(3) If referred to the Office of Recovery Services pursuant to Subsection (2) [applies],
762
the court shall also inform the parties that they are required to contact the Office of Recovery
763
Services within 30 days of the date of the hearing to establish a child support order and the
764
penalty in Subsection (5) for failing to do so. If there is no existing child support order for the
765
child, the liability for support shall accrue beginning on the 61st day following the hearing that
766
occurs the first time the court vests custody of the child in a secure youth corrections facility, or
767
any other state department, division, or agency other than his parents.
768
(4) If a child is returned home and legal custody is subsequently vested by the court in
769
a secure youth corrections facility or any other state department, division, or agency other than
770
his parents, the liability for support shall accrue from the date the minor is subsequently
771
removed from the home, including time spent in detention or sheltered care.
772
(5) (a) If the parents, parent, or other obligated person meets with the Office of
773
Recovery Services within 30 days of the date of the hearing, the child support order may not
774
include a judgment for past due support for more than two months.
775
(b) Notwithstanding Subsection (5)(a), the court may order the liability of support to
776
begin to accrue from the date of the proceeding referenced in Subsection (1) if:
777
(i) the parents, parent, or any other person obligated fails to meet with the Office of
778
Recovery Services within 30 days after being informed orally and in writing by the court of that
779
requirement; and
780
(ii) the Office of Recovery Services took reasonable steps under the circumstances to
781
contact the parents, parent, or other person obligated within the subsequent 30-day period to
782
facilitate the establishment of the child support order.
783
(c) For purposes of Subsection (5)(b)(ii), the Office of Recovery Services shall be
784
presumed to have taken reasonable steps if the office:
785
(i) has a signed, returned receipt for a certified letter mailed to the address of the
786
parents, parent, or other obligated person regarding the requirement that a child support order
787
be established; or
788
(ii) has had a documented conversation, whether by telephone or in person, with the
789
parents, parent, or other obligated person regarding the requirement that a child support order
790
be established.
791
(6) In collecting arrears, the Office of Recovery Services shall comply with Section
792
62A-11-320
in setting a payment schedule or demanding payment in full.
793
(7) Unless otherwise ordered, the parents or other person shall pay the child support to
794
the Office of Recovery Services. The clerk of the court, the Office of Recovery Services, or the
795
Department of Human Services and its divisions shall have authority to receive periodic
796
payments for the care and maintenance of the minor, such as Social Security payments or
797
railroad retirement payments made in the name of or for the benefit of the minor.
798
(8) No court order under this section against a parent or other person shall be entered,
799
unless notice of hearing has been served within the state, a voluntary appearance is made, or a
800
waiver of service given. The notice shall specify that a hearing with respect to the financial
801
support of the minor will be held.
802
(9) An existing child support order payable to a parent or other obligated person shall
803
be assigned to the Department of Human Services as provided in Section
62A-1-117
.
804
(10) (a) Subsections [(2)] (3) through (9) shall not apply if legal custody of a minor is
805
vested by the court in an individual.
806
(b) If legal custody of a minor is vested by the court in an individual, the court may
807
order the parents, a parent, or any other obligated person to pay child support to the individual.
808
In the same proceeding the court shall inform the parents, a parent, or any other obligated
809
person, verbally and in writing, of the requirement to pay child support in accordance with
810
Title 78, Chapter 45, Uniform Civil Liability for Support Act.
811
Section 13.
Section
78-22-1
is amended to read:
812
78-22-1. Duration of judgment -- Judgment as a lien upon real property --
813
Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child
814
support orders.
815
(1) [Except as provided in Subsection (6), judgments] Judgments shall continue for
816
eight years from the date of entry in a court unless previously satisfied or unless enforcement of
817
the judgment is stayed in accordance with law.
818
(2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of
819
judgment by a district court creates a lien upon the real property of the judgment debtor, not
820
exempt from execution, owned or acquired during the existence of the judgment, located in the
821
county in which the judgment is entered.
822
(3) An abstract of judgment issued by the court in which the judgment is entered may
823
be filed in any court of this state and shall have the same force and effect as a judgment entered
824
in that court.
825
(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small
826
claims division of any court shall not qualify as a lien upon real property unless abstracted to
827
the civil division of the district court and recorded in accordance with Subsection (3).
828
(5) (a) If any judgment is appealed, upon deposit, with the court where the notice of
829
appeal is filed, of cash or other security in a form and amount considered sufficient by the court
830
that rendered the judgment to secure the full amount of the judgment, together with ongoing
831
interest and any other anticipated damages or costs, including attorney's fees and costs on
832
appeal, the lien created by the judgment shall be terminated as provided in Subsection (5)(b).
833
(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court
834
shall enter an order terminating the lien created by the judgment and granting the judgment
835
creditor a perfected lien in the deposited security as of the date of the original judgment.
836
(6) (a) [Enforcement of a] A child support order [may be pursued at any time] or a sum
837
certain judgment for past due support may be enforced:
838
(i) within four years after the date the youngest child reaches majority[.]; or
839
(ii) eight years from the date of entry of the sum certain judgment entered by a tribunal.
840
(b) The longer period of duration shall apply in every order.
841
(c) A sum certain judgment may be renewed to extend the duration.
842
(7) (a) After July 1, 2002, a judgment entered by a district court or a justice court in the
843
state becomes a lien upon real property if:
844
(i) the judgment or an abstract of the judgment containing the information identifying
845
the judgment debtor as described in Subsection
78-22-1.5
(4) is recorded in the office of the
846
county recorder; or
847
(ii) the judgment or an abstract of the judgment and a separate information statement of
848
the judgment creditor as described in Subsection
78-22-1.5
(5) is recorded in the office of the
849
county recorder.
850
(b) The judgment shall run from the date of entry by the district court or justice court.
851
(c) The real property subject to the lien includes all the real property of the judgment
852
debtor:
853
(i) in the county in which the recording under Subsection (7)(a)(i) or (ii) occurs; and
854
(ii) owned or acquired at any time by the judgment debtor during the time the judgment
855
is effective.
856
(d) State agencies are exempt from the recording requirement of Subsection (7)(a).
857
(8) (a) A judgment referred to in Subsection (7) shall be entered under the name of the
858
judgment debtor in the judgment index in the office of the county recorder as required in
859
Section
17-21-6
.
860
(b) A judgment containing a legal description shall also be abstracted in the appropriate
861
tract index in the office of the county recorder.
862
Section 14.
Section
78-45-7.2
is amended to read:
863
78-45-7.2. Application of guidelines -- Rebuttal.
864
(1) The guidelines apply to any judicial or administrative order establishing or
865
modifying an award of child support entered on or after July 1, 1989.
866
(2) (a) The child support guidelines shall be applied as a rebuttable presumption in
867
establishing or modifying the amount of temporary or permanent child support.
868
(b) The rebuttable presumption means the provisions and considerations required by
869
the guidelines, the award amounts resulting from the application of the guidelines, and the use
870
of worksheets consistent with these guidelines are presumed to be correct, unless rebutted
871
under the provisions of this section.
872
(3) A written finding or specific finding on the record supporting the conclusion that
873
complying with a provision of the guidelines or ordering an award amount resulting from use
874
of the guidelines would be unjust, inappropriate, or not in the best interest of a child in a
875
particular case is sufficient to rebut the presumption in that case. If an order rebuts the
876
presumption through findings, it is considered a deviated order.
877
(4) The following shall be considered deviations from the guidelines, if:
878
(a) the order includes a written finding that it is a nonguidelines order;
879
(b) the guidelines worksheet has the box checked for a deviation and has an
880
explanation as to the reason; or
881
(c) the deviation was made because there were more children than provided for in the
882
guidelines table.
883
(5) If the amount in the order and the amount on the guidelines worksheet differ, but
884
the difference is less than $10, the order shall not be considered deviated and the incomes listed
885
on the worksheet may be used in adjusting support for emancipation.
886
[(4)] (6) (a) Natural or adoptive children of either parent who live in the home of that
887
parent and are not children in common to both parties may at the option of either party be taken
888
into account under the guidelines in setting or modifying a child support award, as provided in
889
Subsection [(5).] (7). Credit may not be given if:
890
(i) by giving credit to the obligor, children for whom a prior support order exists would
891
have their child support reduced; or
892
(ii) by giving credit to the obligee for a present family, the obligation of the obligor
893
would increase.
894
(b) Additional worksheets shall be prepared that compute the obligations of the
895
respective parents for the additional children. The obligations shall then be subtracted from the
896
appropriate parent's income before determining the award in the instant case.
897
[(5)] (7) In a proceeding to modify an existing award, consideration of natural or
898
adoptive children [other than those] born after entry of the order and who are not in common to
899
both parties may [be applied to mitigate an increase in the award but may not be applied to
900
justify a decrease in the award.] not be applied:
901
(a) for the benefit of the obligee if the credit would increase the support obligation of
902
the obligor from the most recent order; or
903
(b) for the benefit of the obligor if the amount of support received by the obligee would
904
be decreased from the most recent order.
905
[(6)] (8) (a) If a child support order has not been issued or modified within the previous
906
three years, a parent, legal guardian, or the office may petition the court to adjust the amount of
907
a child support order.
908
(b) Upon receiving a petition under Subsection [(6)] (8)(a), the court shall, taking into
909
account the best interests of the child, determine whether there is a difference between the
910
amount ordered and the amount that would be required under the guidelines. If there is a
911
difference of 10% or more and the difference is not of a temporary nature, the court shall adjust
912
the amount to that which is provided for in the guidelines.
913
(c) A showing of a substantial change in circumstances is not necessary for an
914
adjustment under Subsection [(6)] (8)(b).
915
[(7)] (9) (a) A parent, legal guardian, or the office may at any time petition the court to
916
adjust the amount of a child support order if there has been a substantial change in
917
circumstances.
918
(b) For purposes of Subsection [(7)] (9)(a), a substantial change in circumstances may
919
include:
920
(i) material changes in custody;
921
(ii) material changes in the relative wealth or assets of the parties;
922
(iii) material changes of 30% or more in the income of a parent;
923
(iv) material changes in the ability of a parent to earn;
924
(v) material changes in the medical needs of the child; and
925
(vi) material changes in the legal responsibilities of either parent for the support of
926
others.
927
(c) Upon receiving a petition under Subsection [(7)] (9)(a), the court shall, taking into
928
account the best interests of the child, determine whether a substantial change has occurred. If
929
it has, the court shall then determine whether the change results in a difference of 15% or more
930
between the amount of child support ordered and the amount that would be required under the
931
guidelines. If there is such a difference and the difference is not of a temporary nature, the
932
court shall adjust the amount of child support ordered to that which is provided for in the
933
guidelines.
934
[(8)] (10) Notice of the opportunity to adjust a support order under Subsections [(6)]
935
(8) and [(7)] (9) shall be included in each child support order issued or modified after July 1,
936
1997.
937
Section 15.
Section
78-45-7.10
is amended to read:
938
78-45-7.10. Adjustment when child becomes emancipated.
939
(1) When a child becomes 18 years of age, or has graduated from high school during
940
the child's normal and expected year of graduation, whichever occurs later, the base child
941
support award is automatically adjusted to reflect the base combined child support obligation
942
shown in the table for the remaining number of children due child support, unless otherwise
943
provided in the child support order.
944
(2) The award may not be reduced by a per child amount derived from the base child
945
support award originally ordered.
946
[(3) The income used for purposes of adjusting the support shall be the income of the
947
parties at the time of the entry of the original order. If income was not listed in the findings or
948
order and worksheets were not submitted, the parties may submit tax returns or other
949
verification of the income.]
950
(3) If the incomes of the parties are not specified in the order or the worksheets, the
951
information regarding the incomes is not consistent, or the order deviates from the guidelines,
952
automatic adjustment of the order does not apply and the order will continue until modified by
953
the issuing tribunal. If the order is deviated and the parties subsequently obtain a judicial order
954
that adjusts the support back to the date of the emancipation of the child, the Office of
955
Recovery Services may not be required to repay any difference in the support collected during
956
the interim.
957
Section 16.
Section
78-45-7.11
is amended to read:
958
78-45-7.11. Reduction for extended parent-time.
959
(1) (a) [The child support order shall provide that the] The base child support award
960
shall be:
961
(i) reduced by 50% for each child for time periods during which the child is with the
962
noncustodial parent by order of the court or by written agreement of the parties for at least 25
963
of any 30 consecutive days[.] of extended parent-time; or
964
(ii) 25% for each child for time periods during which the child is with the noncustodial
965
parent by order of the court, or by written agreement of the parties for at least 14 of any 30
966
consecutive days of extended parent-time.
967
(b) Subsection (1)(a) does not apply in cases in which there is a joint custody order.
968
(2) If the dependent child is a client of cash assistance provided under Title 35A,
969
Chapter 3, Part 3, Family Employment Program, any agreement by the parties for reduction of
970
child support during extended parent-time shall be approved by the administrative agency.
971
[However, normal]
972
(3) Normal parent-time and holiday visits to the custodial parent shall not be
973
considered [an interruption of the consecutive day requirement] extended parent-time.
974
(4) For cases receiving IV-D child support services in accordance with Title 62A,
975
Chapter 11, Parts 1, 3, and 4, to receive the adjustment the noncustodial parent shall provide
976
written documentation of the extended parent-time schedule, including the beginning and
977
ending dates, to the Office of Recovery Services in the form of either a court order or a
978
voluntary written agreement between the parties.
979
(5) If the noncustodial parent complies with Subsection (4), owes no past-due support,
980
and pays the full, unadjusted amount of current child support due for the month of scheduled
981
extended parent-time and the following month, the Office of Recovery Services shall refund
982
the difference from the child support due to the custodial parent or the state, between the full
983
amount of current child support received during the month of extended parent-time and the
984
adjusted amount of current child support due:
985
(a) from current support received in the month following the month of scheduled
986
extended parent-time; or
987
(b) from current support received in the month following the month written
988
documentation of the scheduled extended parent-time is provided to the office, whichever
989
occurs later.
990
(6) If the noncustodial parent complies with Subsection (4), owes past-due support, and
991
pays the full, unadjusted amount of current child support due for the month of scheduled
992
extended parent-time, the Office of Recovery Services shall apply the difference, from the child
993
support due to the custodial parent or the state, between the full amount of current child
994
support received during the month of extended parent-time and the adjusted amount of current
995
child support due, to the past-due support obligation in the case.
996
(7) For cases not receiving IV-D child support services in accordance with Title 62A,
997
Chapter 11, Parts 1, 3, and 4, any potential adjustment of the support payment during the
998
month of extended visitation or any refund that may be due to the noncustodial parent from the
999
custodial parent, shall be resolved between the parents or through the court without
1000
involvement by the Office of Recovery Services.
1001
[(2)] (8) For purposes of this section the per child amount to which the abatement
1002
applies shall be calculated by dividing the base child support award by the number of children
1003
included in the award.
1004
[(3)] (9) The reduction in this section does not apply to parents with joint physical
1005
custody obligations calculated in accordance with Section
78-45-7.9
.
1006
Section 17.
Section
78-45-7.15
is amended to read:
1007
78-45-7.15. Medical expenses.
1008
(1) The court shall order that insurance for the medical expenses of the minor children
1009
be provided by a parent if it is available at a reasonable cost.
1010
(2) In determining which parent shall be ordered to maintain insurance for medical
1011
expenses, the court or administrative agency may consider the:
1012
(a) reasonableness of the cost;
1013
(b) availability of a group insurance policy;
1014
(c) coverage of the policy; and
1015
(d) preference of the custodial parent.
1016
(3) The order shall require each parent to share equally the out-of-pocket costs of the
1017
premium actually paid by a parent for the children's portion of insurance.
1018
(4) The parent who provides the insurance coverage may receive credit against the base
1019
child support award or recover the other parent's share of the children's portion of the premium.
1020
In cases in which the parent does not have insurance but another member of the parent's
1021
household provides insurance coverage for the children, the parent may receive credit against
1022
the base child support award or recover the other parent's share of the children's portion of the
1023
premium.
1024
[(4)] (5) The children's portion of the premium is a per capita share of the premium
1025
actually paid. The premium expense for the children shall be calculated by dividing the
1026
premium amount by the number of persons covered under the policy and multiplying the result
1027
by the number of children in the instant case.
1028
[(5)] (6) The order shall require each parent to share equally all reasonable and
1029
necessary uninsured medical expenses, including deductibles and copayments, incurred for the
1030
dependent children.
1031
[(6)] (7) The parent ordered to maintain insurance shall provide verification of
1032
coverage to the other parent, or to the Office of Recovery Services under Title IV of the Social
1033
Security Act, 42 U.S.C. Section 601 et seq., upon initial enrollment of the dependent children,
1034
and thereafter on or before January 2 of each calendar year. The parent shall notify the other
1035
parent, or the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C.
1036
Section 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar
1037
days of the date he first knew or should have known of the change.
1038
[(7)] (8) A parent who incurs medical expenses shall provide written verification of the
1039
cost and payment of medical expenses to the other parent within 30 days of payment.
1040
[(8)] (9) In addition to any other sanctions provided by the court, a parent incurring
1041
medical expenses may be denied the right to receive credit for the expenses or to recover the
1042
other parent's share of the expenses if that parent fails to comply with Subsections [(6)] (7) and
1043
[(7)] (8).
1044
Section 18.
Section
78-45-9
is amended to read:
1045
78-45-9. Enforcement of right of support.
1046
(1) (a) The obligee may enforce his right of support against the obligor. The office
1047
may proceed pursuant to this chapter or any other applicable statute on behalf of:
1048
(i) the Department of Human Services;
1049
(ii) any other department or agency of this state that provides public assistance, as
1050
defined by Subsection
62A-11-303
(3), to enforce the right to recover public assistance; or
1051
(iii) the obligee, to enforce the obligee's right of support against the obligor.
1052
(b) Whenever any court action is commenced by the office to enforce payment of the
1053
obligor's support obligation, the attorney general or the county attorney of the county of
1054
residence of the obligee shall represent the office.
1055
(2) (a) A person may not commence an action, file a pleading, or submit a written
1056
stipulation to the court, without complying with Subsection (2)(b), if the purpose or effect of
1057
the action, pleading, or stipulation is to:
1058
(i) establish paternity;
1059
(ii) establish or modify a support obligation;
1060
(iii) change the court-ordered manner of payment of support; [or]
1061
(iv) recover support due or owing[.]; or
1062
(v) appeal issues regarding child support laws.
1063
(b) (i) When taking an action described in Subsection (2)(a), a person must file an
1064
affidavit with the court at the time the action is commenced, the pleading is filed, or the
1065
stipulation is submitted stating whether child support services have been or are being provided
1066
under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child
1067
who is a subject of the action, pleading, or stipulation.
1068
(ii) If child support services have been or are being provided, under Part IV of the
1069
Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit
1070
and a copy of the pleading or stipulation to the Office of the Attorney General, Child Support
1071
Division.
1072
(iii) If notice is not given in accordance with this Subsection (2), the office is not
1073
bound by any decision, judgment, agreement, or compromise rendered in the action. For
1074
purposes of appeals, service must be made on the Office of the Director for the Office of
1075
Recovery Services.
1076
(c) If IV-D services have been or are being provided, that person shall join the office as
1077
a party to the action, or mail or deliver a written request to the Office of the Attorney General,
1078
Child Support Division asking the office to join as a party to the action. A copy of that request,
1079
along with proof of service, shall be filed with the court. The office shall be represented as
1080
provided in Subsection (1)(b).
1081
(3) Neither the attorney general nor the county attorney represents or has an
1082
attorney-client relationship with the obligee or the obligor in carrying out the duties under this
1083
chapter.
1084
Section 19.
Section
78-45-9.3
is amended to read:
1085
78-45-9.3. Payment under child support order -- Judgment.
1086
(1) All monthly payments of child support shall be due on the 1st day of each month
1087
for purposes of child support services pursuant to Title 62A, Chapter 11, Part 3, income
1088
withholding services pursuant to Part 4, and income withholding procedures pursuant to Part 5.
1089
(2) For purposes of child support services and income withholding pursuant to Title
1090
62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the 1st day of
1091
the following month. For purposes other than those specified in Subsection (1) support shall
1092
be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the
1093
order or decree provides for a different time for payment.
1094
(3) Each payment or installment of child or spousal support under any child support
1095
order, as defined by Section
78-45-2
, is, on and after the date it is due:
1096
(a) a judgment with the same attributes and effect of any judgment of a district court,
1097
except as provided in Subsection (4);
1098
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction;
1099
and
1100
(c) not subject to retroactive modification by this or any other jurisdiction, except as
1101
provided in Subsection (4).
1102
(4) A child or spousal support payment under a child support order may be modified
1103
with respect to any period during which a modification is pending, but only from the date of
1104
service of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the
1105
obligee is the petitioner. [The] If the tribunal orders that the support should be modified, the
1106
effective date of the modification shall be the month following service on the parent whose
1107
support is affected. Once the tribunal determines that a modification is appropriate, the
1108
tribunal shall order a judgment to be entered for any difference in the original order and the
1109
modified amount for the period from the service of the pleading until the final order of
1110
modification is entered [for any difference in the original order and the modified amount].
1111
(5) For purposes of this section, "jurisdiction" means a state or political subdivision, a
1112
territory or possession of the United States, the District of Columbia, and the Commonwealth
1113
of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
1114
(6) The judgment provided for in Subsection (3)(a), to be effective and enforceable as a
1115
lien against the real property interest of any third party relying on the public record, shall be
1116
docketed in the district court in accordance with Sections
78-22-1
and
62A-11-312.5
.
1117
Section 20.
Section
78-45a-7
is amended to read:
1118
78-45a-7. Authority for genetic testing.
1119
(1) Upon motion of any party to the action, made at a time so as not to delay the
1120
proceedings unduly, the court shall order the mother, the child, and the alleged father to submit
1121
to genetic testing if the request is supported by a sworn statement by the requesting party:
1122
(a) alleging paternity and setting forth facts establishing a reasonable possibility of the
1123
requisite sexual contact between the parties; or
1124
(b) denying paternity and setting forth facts establishing a reasonable possibility of the
1125
nonexistence of sexual contact between the parties.
1126
(2) The court may, upon its own initiative, order the mother, the child, and the alleged
1127
father to submit to genetic testing.
1128
(3) (a) The court shall order genetic testing:
1129
(i) of a type generally acknowledged as reliable by accreditation bodies designated by
1130
the federal Secretary of Health and Human Services; [and]
1131
(ii) to be performed by a laboratory approved by such an accreditation body[.]; and
1132
(iii) to be performed by a laboratory that follows strict guidelines regarding chain of
1133
custody of evidence which includes obtaining photographs of the parties at the time samples
1134
are taken.
1135
(b) Except as provided in Subsection [(6)] (7), the cost of genetic testing shall be paid
1136
by the party who requested it or shared between the parties if requested by the court, subject to
1137
recoupment against the party who challenges the existence or nonexistence of paternity if the
1138
result of the genetic test is contrary to the position of the challenger.
1139
(4) Upon request by a party, a court may order a second genetic test that complies with
1140
Subsection (3) if paid for in advance by the requesting party and requested within 15 days of
1141
the result of the first genetic test being sent to the last-known address on file under Section
1142
78-45a-2
.
1143
(5) If the court orders a second genetic test in accordance with Subsection (4), the
1144
additional testing must be completed within no more than 45 days of the court's order or the
1145
requesting party's objection to the first test will be automatically denied. If failure to complete
1146
the test occurs because of noncooperation of the mother or unavailability of the child, the time
1147
will be tolled.
1148
[(5)] (6) If any party refuses to submit to genetic testing, the court may resolve the
1149
question of paternity against that party, or may enforce its order if the rights of others and the
1150
interests of justice so require.
1151
[(6)] (7) The office may request genetic testing under this section and shall pay for
1152
genetic testing it requests subject to recoupment as provided in Section
62A-11-304.1
.
1153
Section 21.
Section
78-45e-2
is amended to read:
1154
78-45e-2. Voluntary declaration of paternity.
1155
(1) As used in this part:
1156
(a) "Birth mother" means the biological mother of a child.
1157
(b) "Declarant father" means a male who, with the biological mother, declares that he
1158
is the father of a child conceived as the result of sexual intercourse with the mother.
1159
(c) "Pregnancy and confinement" means the costs of care for the biological mother
1160
during her pregnancy and delivery.
1161
(d) "Presumptive father" means the father of a child conceived or born during a
1162
marriage.
1163
(2) The mother of a child and a man who declares that he is the father of the child and
1164
that the child was conceived as a result of sexual intercourse with the mother may sign a
1165
declaration of paternity with the intent to establish the paternity of the child.
1166
[(1)] (3) (a) A voluntary declaration of paternity filed in compliance with this chapter
1167
establishes a father-child relationship identical to the relationship established when a child is
1168
born to persons married to each other.
1169
(b) When a voluntary declaration of paternity is filed, the liabilities of the father
1170
include, but are not limited to, the reasonable expense of the mother's pregnancy and
1171
confinement and for the education, necessary support, and any funeral expenses for the child.
1172
(c) When a father voluntarily declares paternity, his liability for past amounts due is
1173
limited to a period of four years immediately preceding the date that the voluntary declaration
1174
of paternity was filed.
1175
[(2)] (4) When a voluntary declaration of paternity is filed it shall be recognized as a
1176
basis for a child support order without any further requirement or proceeding regarding the
1177
establishment of paternity.
1178
[(3)] (5) The voluntary declaration of paternity may be completed and signed any time
1179
after the birth of the child. A voluntary declaration of paternity may not be executed or filed
1180
after consent to or relinquishment for adoption has been signed.
1181
[(4)] (6) The voluntary declaration of paternity shall become an amendment to the
1182
original birth certificate. The original certificate and the declaration shall be marked so as to be
1183
distinguishable. The declaration may be included as part of subsequently issued certified
1184
copies of the birth certificate. Alternatively, electronically issued copies of a certificate may
1185
reflect the amended information and the date of amendment only.
1186
[(5)] (7) The voluntary declaration of paternity shall be in the form prescribed by the
1187
state registrar of vital statistics and shall be accompanied with an explanation of the
1188
alternatives to, the legal consequences of, and the rights and responsibilities that arise from
1189
signing the declaration.
1190
[(6)] (8) The social security number of any person who is subject to a voluntary
1191
declaration of paternity shall be placed in the records relating to the matter.
1192
Section 22.
Section
78-45e-3
is amended to read:
1193
78-45e-3. Requirements for filing.
1194
(1) A voluntary declaration of paternity may not be filed with the state registrar unless
1195
the declaration:
1196
(a) states whether there has been genetic testing, and, if yes, that the declarant father's
1197
declaration of paternity is consistent with the results of the testing;
1198
[(1)] (b) is signed by the birth mother and [biological father, and by the legal guardian
1199
or a parent of a biological father who is under 18 years of age,] declarant father in the presence
1200
of two witnesses who are not related [by blood or marriage]; and
1201
[(2)] (c) the mother and [alleged] declarant father have been given notice, orally and in
1202
writing, of the alternatives to, the legal consequences of, and the rights and responsibilities that
1203
arise from signing the declaration.
1204
(2) In circumstances in which the birth mother was married at the time of the
1205
conception or birth of the child and a presumptive father exists, a voluntary declaration may not
1206
be finalized without the signature of the presumptive father.
1207
(3) If either the birth mother or the declarant father is a minor, the voluntary
1208
declaration must also be signed by the minor's parent.
1209
Section 23.
Section
78-45e-4
is amended to read:
1210
78-45e-4. Rescission of the declaration.
1211
(1) A signed voluntary declaration of paternity is a legal finding of paternity, subject to
1212
the right of any signatory to rescind the acknowledgment within the earlier of:
1213
(a) 60 days of signing; or
1214
(b) the date of an administrative or judicial proceeding relating to the child, including a
1215
proceeding to establish a support order, in which the signatory is a party.
1216
(2) (a) Within the 60-day period, a voluntary declaration of paternity may be rescinded
1217
by filing a voluntary rescission document with the Office of Vital Records.
1218
[(2) (a)] (b) After the period referred to in Subsection (1), a signed voluntary
1219
declaration of paternity may be challenged in court only on the grounds of fraud, duress, or
1220
material mistake of fact, with the burden of proof on the challenger.
1221
[(b)] (c) The legal responsibilities, including child support, of any signatory arising
1222
from the declaration may not be suspended during a challenge under Subsection (2)[(a)](b),
1223
except for good cause shown.
1224
(3) In determining whether to rescind the declaration the court has the same authority
1225
and obligation with regard to genetic testing as is provided in Section
78-45a-7
.
1226
(4) A child support order based on the voluntary declaration of paternity remains in
1227
effect during the pendency of any proceeding under this section, and until a final order of the
1228
court rescinding the voluntary declaration.
1229
(5) If the declaration is rescinded, the declarant father may not recover any child
1230
support he provided for the child before entry of the order of rescission.
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