02-10 14:04 H.B. 463
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Child Support Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies provisions related to child support, family law, and income reporting.
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Highlighted Provisions:
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This bill:
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▸ requires certain independent contractors to report payments for personal services to the
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new hire registry maintained by the Department of Workforce Services;
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▸ creates a rebuttable presumption that an order terminating parental rights shall state the
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amount of any child support arrears and permit collection of arrears;
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▸ requires that a divorce decree provide information about the Office of Recovery Services
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(office);
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▸ beginning July 1, 2026, creates a rebuttable presumption that a child support order shall
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include an order for an obligor parent to pay an amount as a child support advance to
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assist with child care costs;
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▸ requires the office to study and prepare a proposed method for calculating the amount of a
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child support advance; and
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▸ gives reporting requirements to the office.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-9-206, as renumbered and amended by Laws of Utah 2023, Chapter 305
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35A-7-102, as last amended by Laws of Utah 2012, Chapter 107
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80-4-105, as last amended by Laws of Utah 2022, Chapter 334
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81-4-406, as enacted by Laws of Utah 2024, Chapter 366
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81-6-101, as renumbered and amended by Laws of Utah 2024, Chapter 366
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ENACTS:
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35A-7-202, Utah Code Annotated 1953
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35A-7-203, Utah Code Annotated 1953
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35A-7-204, Utah Code Annotated 1953
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35A-7-205, Utah Code Annotated 1953
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35A-7-206, Utah Code Annotated 1953
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81-6-209.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-9-206 is amended to read:
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26B-9-206 . Issuance or modification of administrative order -- Compliance with
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court order -- Authority of office -- Stipulated agreements -- Notification requirements.
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(1) Through an adjudicative proceeding the office may issue or modify an administrative
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order that:
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(a) determines paternity;
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(b) determines whether an obligor owes support;
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(c) determines temporary orders of child support upon clear and convincing evidence of
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paternity in the form of genetic test results or other evidence;
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(d) requires an obligor to pay a specific or determinable amount of present and future
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support;
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(e) determines the amount of past-due support;
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(f) orders an obligor who owes past-due support and is obligated to support a child
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receiving public assistance to participate in appropriate work activities if the obligor
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is unemployed and is not otherwise incapacitated;
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(g) requires an obligor to pay a child care advance in accordance with Section 81-6-209.5;
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[(g)] (h) imposes a penalty authorized under this chapter;
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[(h)] (i) determines an issue that may be specifically contested under this chapter by a
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party who timely files a written request for an adjudicative proceeding with the
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office; and
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[(i)] (j) renews an administrative judgment.
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(2)(a) An abstract of a final administrative order issued under this section or a notice of
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judgment-lien under Section 26B-9-214 may be filed with the clerk of any district
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court.
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(b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
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(i) docket the abstract or notice in the judgment docket of the court and note the time
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of receipt on the abstract or notice and in the judgment docket; and
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(ii) at the request of the office, place a copy of the abstract or notice in the file of a
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child support action involving the same parties.
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(3) If a judicial order has been issued, the office may not issue an order under Subsection (1)
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that is not based on the judicial order, except:
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(a) the office may establish a new obligation in those cases in which the juvenile court
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has ordered the parties to meet with the office to determine the support pursuant to
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Section 78A-6-356; or
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(b) the office may issue an order of current support in accordance with the child support
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guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
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(4) The office may proceed under this section in the name of this state, another state under
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Section 26B-9-209, any department of this state, the office, or the obligee.
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(5) The office may accept voluntary acknowledgment of a support obligation and enter into
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stipulated agreements providing for the issuance of an administrative order under this
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part.
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(6) The office may act in the name of the obligee in endorsing and cashing any drafts,
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checks, money orders, or other negotiable instruments received by the office for support.
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(7) The obligor shall, after a notice of agency action has been served on the obligor in
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accordance with Section 63G-4-201, keep the office informed of:
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(a) the obligor's current address;
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(b) the name and address of current payors of income;
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(c) availability of or access to health insurance coverage; and
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(d) applicable health insurance policy information.
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Section 2. Section 35A-7-102 is amended to read:
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35A-7-102 . Definitions.
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As used in this chapter:
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(1) "Business day" means a day on which state offices are open for regular business.
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(2) "Compensation" means payment owed by an employer for labor or services performed
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by an employee.
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(3) "Date of hire" means the date labor or services for compensation are first performed by
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the employee.
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(4) "Date of rehire" means the date labor or services for compensation are first performed
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by an employee who was previously employed by the employer but has been separated
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from that employment for at least 60 consecutive days.
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(5)(a) "Employee" means an individual who is an employee within the meaning of
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Chapter 24 of the Internal Revenue Code of 1986.
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(b) "Employee" does not include an employee of a federal or state agency performing
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intelligence or counterintelligence functions if the head of that agency determines
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that reporting the employee could endanger the safety of the employee or
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compromise an ongoing investigation or intelligence mission.
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(6)(a) "Employer" means any person or entity that is an employer as defined in Section
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3401(d) of the Internal Revenue Code of 1986.
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(b) "Employer" includes any governmental entity and any labor organization.
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(7)(a) "Labor organization" means any entity as defined in Section 2(5) of the National
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Labor Relations Act.
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(b) "Labor organization" includes any entity or hiring hall that is used by agreement
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between the organization and an employer to carry out requirements described in
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Section 8(f)(3) of the National Labor Relations Act.
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(8) "Registry" means the centralized new hire registry created in Section 35A-7-103.
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(9) "Service provider" means an individual over 18 years old, a corporation with a sole
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shareholder, or a limited liability company with a sole member:
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(a) that is not an employee of the service recipient;
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(b) that contracts or provides services for compensation to a service recipient doing
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business in this state in an amount equal or greater than $600 in the calendar year; or
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(c) that logs in as a driver to the digital network of a transportation network company
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doing business in this state or a company operating a network in this state to facilitate
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delivery of food, goods, or services to persons seeking those services.
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(10) "Service recipient" means a person doing business in this state:
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(a) who enters into a contract for services with a service provider or receives services
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from a service provider; or
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(b) as a company which maintains a digital network to facilitate services by
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transportation network company drivers or drivers delivering food, goods, or services
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to a person seeking those services.
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Section 3. Section 35A-7-202 is enacted to read:
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Part 2. Independent Contractor Reporting
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35A-7-202 . Reporting of service contracts.
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(1) Each service recipient shall report to the registry, through a W-9 form or other format
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acceptable to the state, the following information regarding each service provider that is
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newly paid or contracted for services provided within the state:
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(a) the service provider's name;
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(b) the service provider's address;
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(c) the service provider's social security number, if provided to the service recipient by
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the service provider;
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(d) the service provider's federal taxpayer identification number, if the social security
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number is not provided to the service recipient by the service provider; and
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(e) an indication that the service provider is being reported as a service provider and not
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as an employee.
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(2) The report required under Subsection (1) shall also include the service recipient's name,
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address, and social security number or federal taxpayer identification number.
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(3) A report required under this section shall be made no later than 20 days after the earlier
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of the date on which the service recipient:
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(a) pays remuneration of $600 or more to a service provider in the calendar year; or
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(b) contracts for services of $600 or more from a service provider in the calendar year.
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(4) A service recipient may report under this section if the value of the services is less than
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$600 or is unknown.
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(5) A report is not required under this part if the service provider is providing the services
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to a federal or state agency that is performing intelligence or counterintelligence
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functions, if the head of such agency has determined that reporting with respect to the
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service provider could endanger the safety of the service provider or compromise an
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ongoing investigation or intelligence mission.
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Section 4. Section 35A-7-203 is enacted to read:
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35A-7-203 . Confidentiality.
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Information provided by a service recipient to the registry under this part is confidential
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but shall be made available for use by a state agency, in this state or another state, that
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administers state plans under Title IV-D of the Social Security Act.
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Section 5. Section 35A-7-204 is enacted to read:
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35A-7-204 . Enforcement.
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A failure of a service recipient to provide a report as required under this part may be
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enforced in the same manner as a failure of an employer to report a newly hired employee,
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including the penalties for failure to report provided in Section 35A-7-106.
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Section 6. Section 35A-7-205 is enacted to read:
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35A-7-205 . Immunity.
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A service recipient who provides a report under this act in good faith is immune from
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liability for providing the report.
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Section 7. Section 35A-7-206 is enacted to read:
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35A-7-206 . Choice of law.
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The duties of a service recipient under this part are governed by the laws of the state
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where the service recipient receives the services.
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Section 8. Section 80-4-105 is amended to read:
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80-4-105 . Effect of decree.
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(1) An order for the termination of parental rights divests the child and the parents of all
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legal rights, powers, immunities, duties, and obligations with respect to each other,
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except the right of the child to inherit from the parent.
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(2)(a) An order or decree entered under this chapter may not disentitle a child to any
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benefit due to the child from any third person, including any Indian tribe, agency,
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state, or the United States.
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(b)(i) An order or decree entered under this chapter shall explicitly address whether
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any arrears in child support in relation to the child exist and, subject to Subsection
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(2)(b)(ii), shall:
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(A) order that the child support arrears be preserved and be subject to collection,
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including through the Office of Recovery Services; and
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(B) state the amount of child support arrears owing as of the time of entry of the
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order or decree.
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(ii) The order required by Subsection (2)(b)(i) is a presumption that is rebuttable only
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upon a showing by a preponderance of the evidence that the best interest of the
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child mitigates all or part of any child support arrears owing.
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(3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a
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parent's parental rights, the former parent:
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(a) is not entitled to any notice of proceedings for the adoption of the child; and
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(b) does not have any right to object to the adoption or to participate in any other
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placement proceedings.
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(4) An order terminating the rights of a parent, guardian, or custodian does not expire with
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termination of the jurisdiction of the juvenile court.
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Section 9. Section 81-4-406 is amended to read:
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81-4-406 . Decree of divorce -- When decree becomes absolute -- Remarriage --
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Jurisdiction to modify a decree for a child born after the decree.
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(1)(a) The court shall enter a decree of divorce upon the evidence or the petitioner's
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affidavit in the case of default as described in Subsection (1)(b).
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(b) A court may not grant a divorce upon default, unless there is evidence to support a
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decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the
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Utah Rules of Civil Procedure.
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(2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a court
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may not grant a decree of divorce for parties with a minor child until:
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(a) both parties have attended the mandatory courses described in Sections 81-4-105 and
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81-4-106; and
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(b) both parties have presented a certificate of course completion for each course to the
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court.
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(3) In a decree of divorce, the court shall:
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(a) specify which party is responsible for the payment of joint debts, obligations, or
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liabilities of the parties contracted or incurred during marriage in accordance with
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Section 15-4-6.5;
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(b) require the parties to notify respective creditors or obligees, regarding the court's
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division of debts, obligations, or liabilities and regarding the parties' separate and
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current addresses in accordance with Section 15-4-6.5;
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(c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);
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(d) if a party owns a life insurance policy or an annuity contract, include an
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acknowledgment by the court that the party:
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(i) has reviewed and updated, where appropriate, the list of beneficiaries;
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(ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
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after the divorce becomes final; and
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(iii) understands that, if no changes are made to the policy or contract, the
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beneficiaries currently listed will receive any funds paid by the insurance
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company under the terms of the policy or contract; and
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(e) if the parties have a child as defined in Section 81-6-101, include:
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(i) [ ]an order for child support and medical expenses as described in Chapter 6,
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Child Support[.] ;
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(ii) as applicable, an order for a child care advance as provided under Section
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81-6-209.5; and
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(iii) a statement providing notice that the Office of Recovery Services provides
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services to individuals who are seeking assistance in the collection or enforcement
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of child support orders.
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(4) The court may include in the divorce decree any equitable orders relating to:
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(a) the parties, including any alimony to be awarded to a party in accordance with Part 5,
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Spousal Support;
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(b) a child of the parties; and
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(c) any property, debts, or obligations.
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(5) A decree of divorce becomes absolute:
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(a) on the date it is signed by the court and entered by the clerk in the register of actions;
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(b) at the expiration of a period of time the court may specifically designate, unless an
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appeal or other proceedings for review are pending;
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(c) if an appeal is taken, when the decree is affirmed; or
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(d) when the court, before the decree becomes absolute, for sufficient cause otherwise
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orders.
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(6) The court, upon application or on the court's own motion for good cause shown, may
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waive, alter, or extend a designated period of time before the decree becomes absolute,
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but not to exceed six months from the signing and entry of the decree.
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(7) A party to a divorce proceeding may not marry another individual other than the other
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party for whom the divorce was granted until the party's divorce becomes absolute.
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(8) The court has jurisdiction to modify a decree of divorce to address child support,
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parent-time, and other matters related to a minor child born to the parties after the decree
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of divorce is entered.
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Section 10. Section 81-6-101 is amended to read:
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81-6-101 . Definitions for chapter.
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As used in this chapter:
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(1) "Administrative agency" means the Office of Recovery Services or the Department of
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Health and Human Services.
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(2) "Administrative order" means the same as that term is defined in Section 26B-9-201.
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(3) "Alimony" means the same as that term is defined in Section 81-4-101.
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(4) "Base child support award" means the award that may be ordered and is calculated
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using the child support guidelines before additions for medical expenses and
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work-related child care costs.
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(5) "Base combined child support obligation" means the presumed amount of child support
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that the parents should provide for their child as described in Subsection 81-6-204(1).
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(6) "Base combined child support obligation table" means the appropriate table described in
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Sections 81-6-302 and 81-6-304.
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(7) "Child" means:
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(a) a son or daughter who is under 18 years old and who is not otherwise emancipated,
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self-supporting, married, or a member of the armed forces of the United States;
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(b) a son or daughter who is 18 years old or older while enrolled in high school during
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the normal and expected year of graduation and not otherwise emancipated,
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self-supporting, married, or a member of the armed forces of the United States; or
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(c) a son or daughter of any age who is incapacitated from earning a living and, if able to
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provide some financial resources to the family, is not able to support self by own
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means.
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(8) "Child care advance" means a periodic payment that an administrative agency or court
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orders an obligor parent to pay to assist with the child care expenses of the obligor
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parent's child.
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[(8)] (9)(a) "Child support" means a base child support award, or a monthly financial
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award for uninsured medical expenses, ordered by a tribunal for the support of a child.
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(b) "Child support" includes current periodic payments, arrearages that accrue under an
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order for current periodic payments, and sum certain judgments awarded for
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arrearages, medical expenses, and child care costs.
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[(9)] (10) "Child support guidelines" means the calculation and application of child support
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as described in Part 2, Calculation and Adjustment of Child Support.
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[(10)] (11) "Child support order" means a judgment, decree, or order issued by a tribunal
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whether temporary, final, or subject to modification, that:
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(a) establishes or modifies child support;
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(b) reduces child support arrearages to judgment; or
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(c) establishes child support or registers a child support order under Title 78B, Chapter
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14, Utah Uniform Interstate Family Support Act.
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[(11)] (12) "Child support tables" means the tables described in Part 3, Child Support Tables.
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[(12)] (13) "Child support services" means the same as that term is defined in Section
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26B-9-101.
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[(13)] (14) "Gross income" means the amount of income calculated for a parent as described
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in Section 81-6-203.
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[(14)] (15) "Health care coverage" means coverage under which medical services are
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provided to a child through:
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(a) fee for service;
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(b) a health maintenance organization;
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(c) a preferred provider organization;
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(d) any other type of private health insurance; or
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(e) public health care coverage.
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[(15)] (16)(a) "Income" means earnings, compensation, or other payment due to an
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individual, regardless of source, whether denominated as wages, salary, commission,
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bonus, pay, allowances, contract payment, or otherwise, including severance pay,
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sick pay, and incentive pay.
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(b) "Income" includes:
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(i) all gain derived from capital assets, labor, or both, including profit gained through
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sale or conversion of capital assets;
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(ii) interest and dividends;
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(iii) periodic payments made under pension or retirement programs or insurance
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policies of any type;
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(iv) unemployment compensation benefits;
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(v) workers' compensation benefits; and
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(vi) disability benefits.
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[(16)] (17) "Joint physical custody" means the same as that term is defined in Section
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81-9-101.
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[(17)] (18) "Low income table" means the appropriate table under Section 81-6-303 or
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81-6-305.
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[(18)] (19) "Medical expenses" means health and dental expenses and related insurance
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costs.
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[(19)] (20) "Minor child" means a child who is younger than 18 years old.
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[(20)] (21) "Obligee" means an individual, this state, another state, or another comparable
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jurisdiction to whom child support is owed or who is entitled to reimbursement of child
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support or public assistance.
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[(21)] (22) "Obligor" means a person owing a duty of support.
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[(22)] (23) "Office" means the Office of Recovery Services within the Department of Health
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and Human Services.
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[(23)] (24) "Pregnancy expenses" means an amount equal to:
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(a) the sum of a pregnant mother's:
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(i) health insurance premiums while pregnant that are not paid by an employer or
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government program; and
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(ii) medical costs related to the pregnancy, incurred after the date of conception and
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before the pregnancy ends; and
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(b) minus any portion of the amount described in Subsection [(23)(a)] (24)(a) that a court
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determines is equitable based on the totality of the circumstances, not including any
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amount paid by the mother or father of the child.
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[(24)] (25) "Split custody" means that each parent has physical custody of at least one of the
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children.
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[(25)] (26) "State" means a state, territory, possession of the United States, the District of
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Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other
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comparable domestic or foreign jurisdiction.
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[(26)] (27) "Support" means past-due, present, and future obligations to provide for the
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financial support, maintenance, or medical expenses of a child.
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[(27)] (28) "Support order" means:
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(a) a child support order; or
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(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
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modification, for alimony.
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[(28)] (29) "Temporary" means a period of time that is projected to be less than 12 months
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in duration.
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[(29)] (30) "Third party" means an agency or a person other than a parent or a child who
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provides care, maintenance, and support to a child.
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[(30)] (31) "Tribunal" means the district court, the Department of Health and Human
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Services, Office of Recovery Services, or court or administrative agency of a state,
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territory, possession of the United States, the District of Columbia, the Commonwealth
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of Puerto Rico, Native American tribe, or other comparable domestic or foreign
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jurisdiction.
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[(31)] (32) "Work-related child care expenses" means reasonable child care costs for up to a
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full-time work week or training schedule as necessitated by the employment or training
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of a parent.
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[(32)] (33) "Worksheet" means a form used to aid in calculating the base child support
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award.
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Section 11. Section 81-6-209.5 is enacted to read:
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81-6-209.5 . Costs of child care -- Child care advance -- Office of Recovery
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Services study item and report.
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(1) Beginning July 1, 2026:
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(a) a court or administrative agency shall include in a child support order a provision
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requiring the obligor parent to pay a reasonable child care advance to assist with the
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child care expenses for the obligor parent's child;
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(b) if a previous child support order does not exist, a substantial change in circumstances
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has occurred, or a petition to modify a child support order as described in Section
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81-6-212 is filed, the court determining the amount of a child care advance shall
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require each party to file a proposed award of a child care advance before the court
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enters or modifies a child support order;
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(c)(i) a court or administrative agency shall use guidelines or cost tables prepared by
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the Office of Recovery Services, or the amount of $195, whichever is greater, as a
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rebuttable presumption in establishing or modifying the amount of the child care
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advance;
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(ii) the court or administrative agency shall order that:
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(A) the amount set for the child care advance be payable periodically, either
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monthly, or on a schedule determined by the court or administrative agency;
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(B) the child care advance payments commence on a specific date or
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circumstance; and
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(C) if appropriate, the child care advance payments cease on a specified date or
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circumstance; and
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(iii) the amount of a child care advance, the frequency of child care advance
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payments, and the commencement and termination of child care advance
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payments as determined under Subsections (1)(c)(i) and (1)(c)(ii) are rebuttable
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upon:
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(A) an agreement of the parties that is acceptable to the court;
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(B) the court's determination that the evidence presented favors a different amount
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or schedule; or
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(C) a showing by a preponderance of the evidence that a different amount or
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schedule is in the best interest of the child;
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(d) unless otherwise provided by the court, the child care advance shall terminate when
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the child turns 13 years old; and
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(e) when determining an amount that a parent may owe under Section 81-6-209, the
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court shall give the obligor parent credit for any child care advance payments made
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during the relevant time.
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(2) The Office of Recovery Services shall:
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(a) study the costs, parental income considerations, and practical and procedural issues
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related to establishing a child care order for a child who is subject to a child support
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order;
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(b) based upon the study results:
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(i) prepare guidelines or a cost table to be used for the calculation of the presumed
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amount of a child care advance in compliance with the requirements of this
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section;
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(ii) propose guidelines or practices to recommend how often periodic child care
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advance payments should be made; and
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(iii) propose guidelines or practices to recommend when child care advance payments
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should commence and when they should cease; and
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(c) report the office's research findings, recommendations, and proposed calculation
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methods associated with the study item described in this Subsection (2) to the
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Judiciary Interim Committee on or before the October 2025 interim meeting.
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Section 12. Effective Date.
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This bill takes effect on May 7, 2025.
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