02-16 15:33 2nd Sub. (Gray) H.B. 463
Raymond P. Ward proposes the following substitute bill:
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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 and family law.
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Highlighted Provisions:
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This bill:
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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 a provision requiring an obligor parent to pay a recurring amount as an ongoing
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expense for child care;
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▸ requires the office to study and prepare a proposed method for calculating the amount of
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an ongoing expense for child care and report the office's findings to the Health and
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Human Services Interim Committee;
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▸ requires the office to propose to the Health and Human Services Interim Committee
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procedural and statutory considerations that are necessary to move from a receipt-based
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child care payment model to a model where all new or modified child support orders
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would instead require an ongoing expense for child care as the primary means for
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sharing child care costs; 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:
2nd Sub. H.B. 463 2nd Sub. (Gray) H.B. 463 02-16 15:33
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AMENDS:
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26B-9-201, as last amended by Laws of Utah 2024, Chapter 366
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26B-9-206, as renumbered and amended by Laws of Utah 2023, Chapter 305
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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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81-6-209, as renumbered and amended by Laws of Utah 2024, Chapter 366
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ENACTS:
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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-9-201 is amended to read:
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26B-9-201 . Definitions.
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As used in this part:
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(1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
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accordance with Title 63G, Chapter 4, Administrative Procedures Act.
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(2) "Administrative order" means an order that has been issued by the office, the
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department, or an administrative agency of another state or other comparable jurisdiction
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with similar authority to that of the office.
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(3) "Arrears" means support debt.
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(4) "Assistance" means public assistance as defined in Section 26B-9-101.
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(5) "Cash medical support" means an obligation to equally share all reasonable and
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necessary medical and dental expenses of children.
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(6) "Child" means the same as that term is defined in Section 81-6-101.
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(7) "Child support" means the same as that term is defined in Section 26B-9-101.
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(8) "Child support guidelines" means the same as that term is defined in Section 81-6-101.
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(9) "Child support order" means a judgment, decree, or order, whether temporary, final, or
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subject to modification, issued by a tribunal for child support and related costs and fees,
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interest and penalties, income withholding, attorney fees, and other relief.
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(10) "Child support services" means the same as that term is defined in Section 26B-9-101.
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(11) "Court order" means a judgment or order of a tribunal of appropriate jurisdiction of
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this state, another state, Native American tribe, the federal government, or any other
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comparable jurisdiction.
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(12) "Director" means the director of the Office of Recovery Services.
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(13) "Disposable earnings" means that part of the earnings of an individual remaining after
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the deduction of all amounts required by law to be withheld.
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(14) "High-volume automated administrative enforcement" in interstate cases means, on the
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request of another state, the identification by the office, through automatic data matches
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with financial institutions and other entities where assets may be found, of assets owned
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by persons who owe child support in the requesting state, and the seizure of the assets by
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the office, through levy or other appropriate processes.
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(15) "Income" means the same as that term is defined in Section 26B-9-101.
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(16) "IV-D services" means services provided pursuant to Part D of Title IV of the Social
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Security Act, 42 U.S.C. Sec. 651, et seq.
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(17) "Notice of agency action" means the notice required to commence an adjudicative
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proceeding in accordance with Section 63G-4-201.
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(18) "Obligee" means an individual, this state, another state, or other comparable
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jurisdiction to whom a duty of child support is owed, or who is entitled to
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reimbursement of child support or public assistance.
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(19) "Obligor" means a person, firm, corporation, or the estate of a decedent owing a duty
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of support to this state, to an individual, to another state, or other corporate jurisdiction
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in whose behalf this state is acting.
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(20) "Office" means the Office of Recovery Services.
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(21) "Ongoing expense for child care" means the same as that term is defined in Section
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81-6-101.
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[(21)] (22) "Parent" means the same as that term is defined in Section 81-1-101.
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[(22)] (23) "Past-due support" means support debt.
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[(23)] (24) "Person" includes an individual, firm, corporation, association, political
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subdivision, department, or office.
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[(24)] (25) "Public assistance" means the same as that term is defined in Section 26B-9-101.
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[(25)] (26) "Presiding officer" means a presiding officer described in Section 63G-4-103.
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[(26)] (27) "Support" includes past-due, present, and future obligations established by:
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(a) a tribunal or imposed by law for the financial support, maintenance, medical, or
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dental care of a child; and
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(b) a tribunal for the financial support of a spouse or former spouse with whom the
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obligor's child resides if the obligor also owes a child support obligation that is being
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enforced by the state.
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[(27)] (28) "Support debt" means the debt created by nonpayment of support.
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[(28)] (29) "Support order" means a child support order.
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[(29)] (30) "Tribunal" means the district court, the department, the Office of Recovery
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Services, or court or administrative agency of any state, territory, possession of the
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United States, the District of Columbia, the Commonwealth of Puerto Rico, Native
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American Tribe, or other comparable domestic or foreign jurisdiction.
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Section 2. 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 an ongoing expense for child care in accordance with
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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 3. 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 4. 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) a provision in the child support order that requires payment of an ongoing
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expense for child care subject to the procedures and requirements of 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 5. 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)(a) "Child support" means a base child support award, or a monthly financial award
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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) "Child support guidelines" means the calculation and application of child support as
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described in Part 2, Calculation and Adjustment of Child Support.
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(10) "Child support order" means a judgment, decree, or order issued by a tribunal whether
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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) "Child support tables" means the tables described in Part 3, Child Support Tables.
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(12) "Child support services" means the same as that term is defined in Section 26B-9-101.
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(13) "Gross income" means the amount of income calculated for a parent as described in
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Section 81-6-203.
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(14) "Health care coverage" means coverage under which medical services are provided to
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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)(a) "Income" means earnings, compensation, or other payment due to an individual,
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regardless of source, whether denominated as wages, salary, commission, bonus, pay,
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allowances, contract payment, or otherwise, including severance pay, sick pay, and
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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) "Joint physical custody" means the same as that term is defined in Section 81-9-101.
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(17) "Low income table" means the appropriate table under Section 81-6-303 or 81-6-305.
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(18) "Medical expenses" means health and dental expenses and related insurance costs.
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(19) "Minor child" means a child who is younger than 18 years old.
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(20) "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) "Obligor" means a person owing a duty of support.
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(22) "Office" means the Office of Recovery Services within the Department of Health and
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Human Services.
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(23) "Ongoing expense for child care" means a periodic payment that an administrative
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agency or court orders an obligor parent to pay to assist with the child care expenses of
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the obligor parent's child.
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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 6. Section 81-6-209 is amended to read:
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81-6-209 . Requirements for a child support order regarding child care costs and
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expenses -- Actual expenses for child care.
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(1) The court or administrative agency shall require in a child support order that each parent
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share equally the reasonable work-related child care expenses of the parents.
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(2)(a) If an actual expense for child care is incurred, a parent shall begin paying the
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parent's share on a monthly basis immediately upon presentation of proof of the child
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care expense.
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(b) If the child care expense ceases to be incurred, the parent may suspend making
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monthly payment of that expense, while the expense is not being incurred, without
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obtaining a modification of the child support order.
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(c)(i) In the absence of a court order to the contrary, a parent who incurs child care
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expense shall provide written verification of the cost and identity of a child care
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provider to the other parent upon initial engagement of a provider and thereafter
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on the request of the other parent.
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(ii) In the absence of a court order to the contrary, the parent shall notify the other
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parent of any change of child care provider or the monthly expense of child care
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within 30 calendar days after the day on which the change occurred.
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(3) The court may deny a parent incurring child care expenses the right to receive credit for
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the expenses or to recover the other parent's share of the expenses if the parent incurring
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the expenses fails to comply with Subsection (2)(c).
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(4)(a) The court or administrative agency shall presume that child care costs should be
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included in a child support order if a parent, during extended parent-time, is working
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and actually incurring the child care costs.
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(b) The presumption under Subsection (4)(a) is rebutted if:
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(i) the obligor's base child support award, in combination with the award of medical
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expenses, exceeds 50% of the obligor's adjusted gross income; or
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(ii) by adding the child care costs, the obligor's child support obligation would exceed
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50% of the obligor's adjusted gross income.
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(5)(a) The court or administrative agency may award child care costs on a case-by-case
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basis if the child care costs are related to the career and occupational training of the
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custodial parent or the child care costs would be in the interest of justice.
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(b) The court or administrative agency may assign financial responsibility in a child
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support order for all or a portion of child care expenses incurred on behalf of a child
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due to the employment or training of the custodial parent.
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(6)(a) The court or administrative agency may impute a monthly obligation for child
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care costs when the court imputes income to a parent who is providing child care for
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the child so that the parties are not incurring child care costs for the child.
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(b) The court shall apply any monthly obligation imputed under Subsection (6)(a)
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towards any actual child care costs incurred within the same month for the child.
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(7) Beginning July 1, 2026, collection of child care costs shall be subject to the
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requirements of Section 81-6-209.5.
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Section 7. Section 81-6-209.5 is enacted to read:
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81-6-209.5 . Costs of child care -- Ongoing expense for child care -- Office of
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Recovery 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 ongoing expense for child care to
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assist with the 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 the ongoing expense for child
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care shall require each party to file a proposed award of an ongoing expense for child
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care before the court 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 as a rebuttable presumption in establishing or
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modifying the amount of the ongoing expense for child care;
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(ii) the court or administrative agency shall order that:
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(A) the amount set for the ongoing expense for child care be payable periodically,
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either monthly, or on a schedule determined by the court or administrative
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403
agency;
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(B) the payment for an ongoing expense for child care commence on a specific
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date or circumstance; and
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(C) if appropriate, the ongoing expense for child care payments cease on a
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specified date or circumstance; and
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(iii) the amount of an ongoing expense for child care, the frequency of ongoing
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expense for child care payments, and the commencement and termination of
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ongoing expense for child care payments as determined under Subsections (1)(c)(i)
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and (1)(c)(ii) are rebuttable 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 ongoing expense for child care shall
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terminate when the child turns 13 years old; and
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(e) when determining an amount that a parent may owe for an ongoing expense for child
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care, the court:
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(i) shall give the obligor parent credit for any ongoing expense for child care
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payments made during the relevant time; and
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(ii) may set the amount at zero upon a showing by a preponderance of the evidence
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that child care expenses will not be incurred.
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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 requirement to provide an ongoing expense for child care for
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a child who is subject to a child support 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 an ongoing expense for child care in compliance with the requirements
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of this section;
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(ii) propose guidelines or practices to recommend how often periodic ongoing
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expense for child care payments should be made;
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(iii) propose guidelines or practices to recommend when ongoing expense for child
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care payments should commence and when they should cease; and
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(iv) propose all statutory and procedural changes that are required to change the
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presumption from collecting child care costs through receipt-based reimbursement
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as provided under Section 81-6-209, to a new presumption that all new and
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modified child support orders shall contain a provision requiring child care costs
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to be paid by means of an ongoing expense for child care; and
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(c) report on the study items described in Subsections (2)(a) and (b) to the Health and
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Human Services Interim Committee on or before the October 2025 interim meeting.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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