Utah 2025 Regular Session

Utah House Bill HB0463 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 463
	1	+	02-16 15:33 2nd Sub. (Gray) H.B. 463
	2	+	Raymond P. Ward proposes the following substitute bill:
2	3		1
3	4		Child Support Modifications
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Raymond P. Ward
7		-	Senate Sponsor: ~~Todd Weiler~~
	8	+	Senate Sponsor:
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies provisions related to child support and family law.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ creates a rebuttable presumption that an order terminating parental rights shall state the
22	23		9
23	24		amount of any child support arrears and permit collection of arrears;
24	25		10
25	26		▸ requires that a divorce decree provide information about the Office of Recovery Services
26	27		11
27	28		(office);
28	29		12
29	30		▸ beginning July 1, 2026, creates a rebuttable presumption that a child support order shall
30	31		13
31	32		include a provision requiring an obligor parent to pay a recurring amount as an ongoing
32	33		14
33	34		expense for child care;
34	35		15
35	36		▸ requires the office to study and prepare a proposed method for calculating the amount of
36	37		16
37	38		an ongoing expense for child care and report the office's findings to the Health and
38	39		17
39	40		Human Services Interim Committee;
40	41		18
41	42		▸ requires the office to propose to the Health and Human Services Interim Committee
42	43		19
43	44		procedural and statutory considerations that are necessary to move from a receipt-based
44	45		20
45	46		child care payment model to a model where all new or modified child support orders
46	47		21
47	48		would instead require an ongoing expense for child care as the primary means for
48	49		22
49	50		sharing child care costs; and
50	51		23
51	52		▸ gives reporting requirements to the office.
52	53		24
53	54		Money Appropriated in this Bill:
54	55		25
55	56		None
56	57		26
57	58		Other Special Clauses:
58	59		27
59		-	None ~~H.B. 463 Enrolled Copy~~
	60	+	None
60	61		28
61	62		Utah Code Sections Affected:
	63	+	2nd Sub. H.B. 463 2nd Sub. (Gray) H.B. 463 02-16 15:33
62	64		29
63	65		AMENDS:
64	66		30
65	67		26B-9-201, as last amended by Laws of Utah 2024, Chapter 366
66	68		31
67	69		26B-9-206, as renumbered and amended by Laws of Utah 2023, Chapter 305
68	70		32
69	71		80-4-105, as last amended by Laws of Utah 2022, Chapter 334
70	72		33
71	73		81-4-406, as enacted by Laws of Utah 2024, Chapter 366
72	74		34
73	75		81-6-101, as renumbered and amended by Laws of Utah 2024, Chapter 366
74	76		35
75	77		81-6-209, as renumbered and amended by Laws of Utah 2024, Chapter 366
76	78		36
77	79		ENACTS:
78	80		37
79	81		81-6-209.5, Utah Code Annotated 1953
80	82		38
81	83
82	84		39
83	85		Be it enacted by the Legislature of the state of Utah:
84	86		40
85	87		Section 1. Section 26B-9-201 is amended to read:
86	88		41
87	89		26B-9-201 . Definitions.
88	90		42
89	91		As used in this part:
90	92		43
91	93		(1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
92	94		44
93	95		accordance with Title 63G, Chapter 4, Administrative Procedures Act.
94	96		45
95	97		(2) "Administrative order" means an order that has been issued by the office, the
96	98		46
97	99		department, or an administrative agency of another state or other comparable jurisdiction
98	100		47
99	101		with similar authority to that of the office.
100	102		48
101	103		(3) "Arrears" means support debt.
102	104		49
103	105		(4) "Assistance" means public assistance as defined in Section 26B-9-101.
104	106		50
105	107		(5) "Cash medical support" means an obligation to equally share all reasonable and
106	108		51
107	109		necessary medical and dental expenses of children.
108	110		52
109	111		(6) "Child" means the same as that term is defined in Section 81-6-101.
110	112		53
111	113		(7) "Child support" means the same as that term is defined in Section 26B-9-101.
112	114		54
113	115		(8) "Child support guidelines" means the same as that term is defined in Section 81-6-101.
114	116		55
115	117		(9) "Child support order" means a judgment, decree, or order, whether temporary, final, or
116	118		56
117	119		subject to modification, issued by a tribunal for child support and related costs and fees,
118	120		57
119	121		interest and penalties, income withholding, attorney fees, and other relief.
120	122		58
121	123		(10) "Child support services" means the same as that term is defined in Section 26B-9-101.
122	124		59
123	125		(11) "Court order" means a judgment or order of a tribunal of appropriate jurisdiction of
124	126		60
125	127		this state, another state, Native American tribe, the federal government, or any other
126	128		61
127	129		comparable jurisdiction.
128		-	- 2 - Enrolled Copy H.B. 463
129	130		62
130	131		(12) "Director" means the director of the Office of Recovery Services.
	132	+	- 2 - 02-16 15:33 2nd Sub. (Gray) H.B. 463
131	133		63
132	134		(13) "Disposable earnings" means that part of the earnings of an individual remaining after
133	135		64
134	136		the deduction of all amounts required by law to be withheld.
135	137		65
136	138		(14) "High-volume automated administrative enforcement" in interstate cases means, on the
137	139		66
138	140		request of another state, the identification by the office, through automatic data matches
139	141		67
140	142		with financial institutions and other entities where assets may be found, of assets owned
141	143		68
142	144		by persons who owe child support in the requesting state, and the seizure of the assets by
143	145		69
144	146		the office, through levy or other appropriate processes.
145	147		70
146	148		(15) "Income" means the same as that term is defined in Section 26B-9-101.
147	149		71
148	150		(16) "IV-D services" means services provided pursuant to Part D of Title IV of the Social
149	151		72
150	152		Security Act, 42 U.S.C. Sec. 651, et seq.
151	153		73
152	154		(17) "Notice of agency action" means the notice required to commence an adjudicative
153	155		74
154	156		proceeding in accordance with Section 63G-4-201.
155	157		75
156	158		(18) "Obligee" means an individual, this state, another state, or other comparable
157	159		76
158	160		jurisdiction to whom a duty of child support is owed, or who is entitled to
159	161		77
160	162		reimbursement of child support or public assistance.
161	163		78
162	164		(19) "Obligor" means a person, firm, corporation, or the estate of a decedent owing a duty
163	165		79
164	166		of support to this state, to an individual, to another state, or other corporate jurisdiction
165	167		80
166	168		in whose behalf this state is acting.
167	169		81
168	170		(20) "Office" means the Office of Recovery Services.
169	171		82
170	172		(21) "Ongoing expense for child care" means the same as that term is defined in Section
171	173		83
172	174		81-6-101.
173	175		84
174	176		[(21)] (22) "Parent" means the same as that term is defined in Section 81-1-101.
175	177		85
176	178		[(22)] (23) "Past-due support" means support debt.
177	179		86
178	180		[(23)] (24) "Person" includes an individual, firm, corporation, association, political
179	181		87
180	182		subdivision, department, or office.
181	183		88
182	184		[(24)] (25) "Public assistance" means the same as that term is defined in Section 26B-9-101.
183	185		89
184	186		[(25)] (26) "Presiding officer" means a presiding officer described in Section 63G-4-103.
185	187		90
186	188		[(26)] (27) "Support" includes past-due, present, and future obligations established by:
187	189		91
188	190		(a) a tribunal or imposed by law for the financial support, maintenance, medical, or
189	191		92
190	192		dental care of a child; and
191	193		93
192	194		(b) a tribunal for the financial support of a spouse or former spouse with whom the
193	195		94
194	196		obligor's child resides if the obligor also owes a child support obligation that is being
195	197		95
196	198		enforced by the state.
197		-	- 3 - H.B. 463 Enrolled Copy
198	199		96
199	200		[(27)] (28) "Support debt" means the debt created by nonpayment of support.
	201	+	- 3 - 2nd Sub. (Gray) H.B. 463 02-16 15:33
200	202		97
201	203		[(28)] (29) "Support order" means a child support order.
202	204		98
203	205		[(29)] (30) "Tribunal" means the district court, the department, the Office of Recovery
204	206		99
205	207		Services, or court or administrative agency of any state, territory, possession of the
206	208		100
207	209		United States, the District of Columbia, the Commonwealth of Puerto Rico, Native
208	210		101
209	211		American Tribe, or other comparable domestic or foreign jurisdiction.
210	212		102
211	213		Section 2. Section 26B-9-206 is amended to read:
212	214		103
213	215		26B-9-206 . Issuance or modification of administrative order -- Compliance with
214	216		104
215	217		court order -- Authority of office -- Stipulated agreements -- Notification requirements.
216	218		105
217	219		(1) Through an adjudicative proceeding the office may issue or modify an administrative
218	220		106
219	221		order that:
220	222		107
221	223		(a) determines paternity;
222	224		108
223	225		(b) determines whether an obligor owes support;
224	226		109
225	227		(c) determines temporary orders of child support upon clear and convincing evidence of
226	228		110
227	229		paternity in the form of genetic test results or other evidence;
228	230		111
229	231		(d) requires an obligor to pay a specific or determinable amount of present and future
230	232		112
231	233		support;
232	234		113
233	235		(e) determines the amount of past-due support;
234	236		114
235	237		(f) orders an obligor who owes past-due support and is obligated to support a child
236	238		115
237	239		receiving public assistance to participate in appropriate work activities if the obligor
238	240		116
239	241		is unemployed and is not otherwise incapacitated;
240	242		117
241	243		(g) requires an obligor to pay an ongoing expense for child care in accordance with
242	244		118
243	245		Section 81-6-209.5;
244	246		119
245	247		[(g)] (h) imposes a penalty authorized under this chapter;
246	248		120
247	249		[(h)] (i) determines an issue that may be specifically contested under this chapter by a
248	250		121
249	251		party who timely files a written request for an adjudicative proceeding with the
250	252		122
251	253		office; and
252	254		123
253	255		[(i)] (j) renews an administrative judgment.
254	256		124
255	257		(2)(a) An abstract of a final administrative order issued under this section or a notice of
256	258		125
257	259		judgment-lien under Section 26B-9-214 may be filed with the clerk of any district
258	260		126
259	261		court.
260	262		127
261	263		(b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
262	264		128
263	265		(i) docket the abstract or notice in the judgment docket of the court and note the time
264	266		129
265	267		of receipt on the abstract or notice and in the judgment docket; and
266		-	- 4 - Enrolled Copy H.B. 463
267	268		130
268	269		(ii) at the request of the office, place a copy of the abstract or notice in the file of a
	270	+	- 4 - 02-16 15:33 2nd Sub. (Gray) H.B. 463
269	271		131
270	272		child support action involving the same parties.
271	273		132
272	274		(3) If a judicial order has been issued, the office may not issue an order under Subsection (1)
273	275		133
274	276		that is not based on the judicial order, except:
275	277		134
276	278		(a) the office may establish a new obligation in those cases in which the juvenile court
277	279		135
278	280		has ordered the parties to meet with the office to determine the support pursuant to
279	281		136
280	282		Section 78A-6-356; or
281	283		137
282	284		(b) the office may issue an order of current support in accordance with the child support
283	285		138
284	286		guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
285	287		139
286	288		(4) The office may proceed under this section in the name of this state, another state under
287	289		140
288	290		Section 26B-9-209, any department of this state, the office, or the obligee.
289	291		141
290	292		(5) The office may accept voluntary acknowledgment of a support obligation and enter into
291	293		142
292	294		stipulated agreements providing for the issuance of an administrative order under this
293	295		143
294	296		part.
295	297		144
296	298		(6) The office may act in the name of the obligee in endorsing and cashing any drafts,
297	299		145
298	300		checks, money orders, or other negotiable instruments received by the office for support.
299	301		146
300	302		(7) The obligor shall, after a notice of agency action has been served on the obligor in
301	303		147
302	304		accordance with Section 63G-4-201, keep the office informed of:
303	305		148
304	306		(a) the obligor's current address;
305	307		149
306	308		(b) the name and address of current payors of income;
307	309		150
308	310		(c) availability of or access to health insurance coverage; and
309	311		151
310	312		(d) applicable health insurance policy information.
311	313		152
312	314		Section 3. Section 80-4-105 is amended to read:
313	315		153
314	316		80-4-105 . Effect of decree.
315	317		154
316	318		(1) An order for the termination of parental rights divests the child and the parents of all
317	319		155
318	320		legal rights, powers, immunities, duties, and obligations with respect to each other,
319	321		156
320	322		except the right of the child to inherit from the parent.
321	323		157
322	324		(2)(a) An order or decree entered under this chapter may not disentitle a child to any
323	325		158
324	326		benefit due to the child from any third person, including any Indian tribe, agency,
325	327		159
326	328		state, or the United States.
327	329		160
328	330		(b)(i) An order or decree entered under this chapter shall explicitly address whether
329	331		161
330	332		any arrears in child support in relation to the child exist and, subject to Subsection
331	333		162
332	334		(2)(b)(ii), shall:
333	335		163
334	336		(A) order that the child support arrears be preserved and be subject to collection,
335		-	- 5 - H.B. 463 Enrolled Copy
336	337		164
337	338		including through the Office of Recovery Services; and
	339	+	- 5 - 2nd Sub. (Gray) H.B. 463 02-16 15:33
338	340		165
339	341		(B) state the amount of child support arrears owing as of the time of entry of the
340	342		166
341	343		order or decree.
342	344		167
343	345		(ii) The order required by Subsection (2)(b)(i) is a presumption that is rebuttable only
344	346		168
345	347		upon a showing by a preponderance of the evidence that the best interest of the
346	348		169
347	349		child mitigates all or part of any child support arrears owing.
348	350		170
349	351		(3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a
350	352		171
351	353		parent's parental rights, the former parent:
352	354		172
353	355		(a) is not entitled to any notice of proceedings for the adoption of the child; and
354	356		173
355	357		(b) does not have any right to object to the adoption or to participate in any other
356	358		174
357	359		placement proceedings.
358	360		175
359	361		(4) An order terminating the rights of a parent, guardian, or custodian does not expire with
360	362		176
361	363		termination of the jurisdiction of the juvenile court.
362	364		177
363	365		Section 4. Section 81-4-406 is amended to read:
364	366		178
365	367		81-4-406 . Decree of divorce -- When decree becomes absolute -- Remarriage --
366	368		179
367	369		Jurisdiction to modify a decree for a child born after the decree.
368	370		180
369	371		(1)(a) The court shall enter a decree of divorce upon the evidence or the petitioner's
370	372		181
371	373		affidavit in the case of default as described in Subsection (1)(b).
372	374		182
373	375		(b) A court may not grant a divorce upon default, unless there is evidence to support a
374	376		183
375	377		decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the
376	378		184
377	379		Utah Rules of Civil Procedure.
378	380		185
379	381		(2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a court
380	382		186
381	383		may not grant a decree of divorce for parties with a minor child until:
382	384		187
383	385		(a) both parties have attended the mandatory courses described in Sections 81-4-105 and
384	386		188
385	387		81-4-106; and
386	388		189
387	389		(b) both parties have presented a certificate of course completion for each course to the
388	390		190
389	391		court.
390	392		191
391	393		(3) In a decree of divorce, the court shall:
392	394		192
393	395		(a) specify which party is responsible for the payment of joint debts, obligations, or
394	396		193
395	397		liabilities of the parties contracted or incurred during marriage in accordance with
396	398		194
397	399		Section 15-4-6.5;
398	400		195
399	401		(b) require the parties to notify respective creditors or obligees, regarding the court's
400	402		196
401	403		division of debts, obligations, or liabilities and regarding the parties' separate and
402	404		197
403	405		current addresses in accordance with Section 15-4-6.5;
404		-	- 6 - Enrolled Copy H.B. 463
405	406		198
406	407		(c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);
	408	+	- 6 - 02-16 15:33 2nd Sub. (Gray) H.B. 463
407	409		199
408	410		(d) if a party owns a life insurance policy or an annuity contract, include an
409	411		200
410	412		acknowledgment by the court that the party:
411	413		201
412	414		(i) has reviewed and updated, where appropriate, the list of beneficiaries;
413	415		202
414	416		(ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
415	417		203
416	418		after the divorce becomes final; and
417	419		204
418	420		(iii) understands that, if no changes are made to the policy or contract, the
419	421		205
420	422		beneficiaries currently listed will receive any funds paid by the insurance
421	423		206
422	424		company under the terms of the policy or contract; and
423	425		207
424	426		(e) if the parties have a child as defined in Section 81-6-101, include:
425	427		208
426	428		(i) [ ]an order for child support and medical expenses as described in Chapter 6,
427	429		209
428	430		Child Support[.] ;
429	431		210
430	432		(ii) a provision in the child support order that requires payment of an ongoing
431	433		211
432	434		expense for child care subject to the procedures and requirements of Section
433	435		212
434	436		81-6-209.5; and
435	437		213
436	438		(iii) a statement providing notice that the Office of Recovery Services provides
437	439		214
438	440		services to individuals who are seeking assistance in the collection or enforcement
439	441		215
440	442		of child support orders.
441	443		216
442	444		(4) The court may include in the divorce decree any equitable orders relating to:
443	445		217
444	446		(a) the parties, including any alimony to be awarded to a party in accordance with Part 5,
445	447		218
446	448		Spousal Support;
447	449		219
448	450		(b) a child of the parties; and
449	451		220
450	452		(c) any property, debts, or obligations.
451	453		221
452	454		(5) A decree of divorce becomes absolute:
453	455		222
454	456		(a) on the date it is signed by the court and entered by the clerk in the register of actions;
455	457		223
456	458		(b) at the expiration of a period of time the court may specifically designate, unless an
457	459		224
458	460		appeal or other proceedings for review are pending;
459	461		225
460	462		(c) if an appeal is taken, when the decree is affirmed; or
461	463		226
462	464		(d) when the court, before the decree becomes absolute, for sufficient cause otherwise
463	465		227
464	466		orders.
465	467		228
466	468		(6) The court, upon application or on the court's own motion for good cause shown, may
467	469		229
468	470		waive, alter, or extend a designated period of time before the decree becomes absolute,
469	471		230
470	472		but not to exceed six months from the signing and entry of the decree.
471	473		231
472	474		(7) A party to a divorce proceeding may not marry another individual other than the other
473		-	- 7 - H.B. 463 Enrolled Copy
474	475		232
475	476		party for whom the divorce was granted until the party's divorce becomes absolute.
	477	+	- 7 - 2nd Sub. (Gray) H.B. 463 02-16 15:33
476	478		233
477	479		(8) The court has jurisdiction to modify a decree of divorce to address child support,
478	480		234
479	481		parent-time, and other matters related to a minor child born to the parties after the decree
480	482		235
481	483		of divorce is entered.
482	484		236
483	485		Section 5. Section 81-6-101 is amended to read:
484	486		237
485	487		81-6-101 . Definitions for chapter.
486	488		238
487	489		As used in this chapter:
488	490		239
489	491		(1) "Administrative agency" means the Office of Recovery Services or the Department of
490	492		240
491	493		Health and Human Services.
492	494		241
493	495		(2) "Administrative order" means the same as that term is defined in Section 26B-9-201.
494	496		242
495	497		(3) "Alimony" means the same as that term is defined in Section 81-4-101.
496	498		243
497	499		(4) "Base child support award" means the award that may be ordered and is calculated
498	500		244
499	501		using the child support guidelines before additions for medical expenses and
500	502		245
501	503		work-related child care costs.
502	504		246
503	505		(5) "Base combined child support obligation" means the presumed amount of child support
504	506		247
505	507		that the parents should provide for their child as described in Subsection 81-6-204(1).
506	508		248
507	509		(6) "Base combined child support obligation table" means the appropriate table described in
508	510		249
509	511		Sections 81-6-302 and 81-6-304.
510	512		250
511	513		(7) "Child" means:
512	514		251
513	515		(a) a son or daughter who is under 18 years old and who is not otherwise emancipated,
514	516		252
515	517		self-supporting, married, or a member of the armed forces of the United States;
516	518		253
517	519		(b) a son or daughter who is 18 years old or older while enrolled in high school during
518	520		254
519	521		the normal and expected year of graduation and not otherwise emancipated,
520	522		255
521	523		self-supporting, married, or a member of the armed forces of the United States; or
522	524		256
523	525		(c) a son or daughter of any age who is incapacitated from earning a living and, if able to
524	526		257
525	527		provide some financial resources to the family, is not able to support self by own
526	528		258
527	529		means.
528	530		259
529	531		(8)(a) "Child support" means a base child support award, or a monthly financial award
530	532		260
531	533		for uninsured medical expenses, ordered by a tribunal for the support of a child.
532	534		261
533	535		(b) "Child support" includes current periodic payments, arrearages that accrue under an
534	536		262
535	537		order for current periodic payments, and sum certain judgments awarded for
536	538		263
537	539		arrearages, medical expenses, and child care costs.
538	540		264
539	541		(9) "Child support guidelines" means the calculation and application of child support as
540	542		265
541	543		described in Part 2, Calculation and Adjustment of Child Support.
542		-	- 8 - Enrolled Copy H.B. 463
543	544		266
544	545		(10) "Child support order" means a judgment, decree, or order issued by a tribunal whether
	546	+	- 8 - 02-16 15:33 2nd Sub. (Gray) H.B. 463
545	547		267
546	548		temporary, final, or subject to modification, that:
547	549		268
548	550		(a) establishes or modifies child support;
549	551		269
550	552		(b) reduces child support arrearages to judgment; or
551	553		270
552	554		(c) establishes child support or registers a child support order under Title 78B, Chapter
553	555		271
554	556		14, Utah Uniform Interstate Family Support Act.
555	557		272
556	558		(11) "Child support tables" means the tables described in Part 3, Child Support Tables.
557	559		273
558	560		(12) "Child support services" means the same as that term is defined in Section 26B-9-101.
559	561		274
560	562		(13) "Gross income" means the amount of income calculated for a parent as described in
561	563		275
562	564		Section 81-6-203.
563	565		276
564	566		(14) "Health care coverage" means coverage under which medical services are provided to
565	567		277
566	568		a child through:
567	569		278
568	570		(a) fee for service;
569	571		279
570	572		(b) a health maintenance organization;
571	573		280
572	574		(c) a preferred provider organization;
573	575		281
574	576		(d) any other type of private health insurance; or
575	577		282
576	578		(e) public health care coverage.
577	579		283
578	580		(15)(a) "Income" means earnings, compensation, or other payment due to an individual,
579	581		284
580	582		regardless of source, whether denominated as wages, salary, commission, bonus, pay,
581	583		285
582	584		allowances, contract payment, or otherwise, including severance pay, sick pay, and
583	585		286
584	586		incentive pay.
585	587		287
586	588		(b) "Income" includes:
587	589		288
588	590		(i) all gain derived from capital assets, labor, or both, including profit gained through
589	591		289
590	592		sale or conversion of capital assets;
591	593		290
592	594		(ii) interest and dividends;
593	595		291
594	596		(iii) periodic payments made under pension or retirement programs or insurance
595	597		292
596	598		policies of any type;
597	599		293
598	600		(iv) unemployment compensation benefits;
599	601		294
600	602		(v) workers' compensation benefits; and
601	603		295
602	604		(vi) disability benefits.
603	605		296
604	606		(16) "Joint physical custody" means the same as that term is defined in Section 81-9-101.
605	607		297
606	608		(17) "Low income table" means the appropriate table under Section 81-6-303 or 81-6-305.
607	609		298
608	610		(18) "Medical expenses" means health and dental expenses and related insurance costs.
609	611		299
610	612		(19) "Minor child" means a child who is younger than 18 years old.
611		-	- 9 - H.B. 463 Enrolled Copy
612	613		300
613	614		(20) "Obligee" means an individual, this state, another state, or another comparable
	615	+	- 9 - 2nd Sub. (Gray) H.B. 463 02-16 15:33
614	616		301
615	617		jurisdiction to whom child support is owed or who is entitled to reimbursement of child
616	618		302
617	619		support or public assistance.
618	620		303
619	621		(21) "Obligor" means a person owing a duty of support.
620	622		304
621	623		(22) "Office" means the Office of Recovery Services within the Department of Health and
622	624		305
623	625		Human Services.
624	626		306
625	627		(23) "Ongoing expense for child care" means a periodic payment that an administrative
626	628		307
627	629		agency or court orders an obligor parent to pay to assist with the child care expenses of
628	630		308
629	631		the obligor parent's child.
630	632		309
631	633		[(23)] (24) "Pregnancy expenses" means an amount equal to:
632	634		310
633	635		(a) the sum of a pregnant mother's:
634	636		311
635	637		(i) health insurance premiums while pregnant that are not paid by an employer or
636	638		312
637	639		government program; and
638	640		313
639	641		(ii) medical costs related to the pregnancy, incurred after the date of conception and
640	642		314
641	643		before the pregnancy ends; and
642	644		315
643	645		(b) minus any portion of the amount described in Subsection [(23)(a)] (24)(a) that a court
644	646		316
645	647		determines is equitable based on the totality of the circumstances, not including any
646	648		317
647	649		amount paid by the mother or father of the child.
648	650		318
649	651		[(24)] (25) "Split custody" means that each parent has physical custody of at least one of the
650	652		319
651	653		children.
652	654		320
653	655		[(25)] (26) "State" means a state, territory, possession of the United States, the District of
654	656		321
655	657		Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other
656	658		322
657	659		comparable domestic or foreign jurisdiction.
658	660		323
659	661		[(26)] (27) "Support" means past-due, present, and future obligations to provide for the
660	662		324
661	663		financial support, maintenance, or medical expenses of a child.
662	664		325
663	665		[(27)] (28) "Support order" means:
664	666		326
665	667		(a) a child support order; or
666	668		327
667	669		(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
668	670		328
669	671		modification, for alimony.
670	672		329
671	673		[(28)] (29) "Temporary" means a period of time that is projected to be less than 12 months
672	674		330
673	675		in duration.
674	676		331
675	677		[(29)] (30) "Third party" means an agency or a person other than a parent or a child who
676	678		332
677	679		provides care, maintenance, and support to a child.
678	680		333
679	681		[(30)] (31) "Tribunal" means the district court, the Department of Health and Human
680		-	- 10 - Enrolled Copy H.B. 463
681	682		334
682	683		Services, Office of Recovery Services, or court or administrative agency of a state,
	684	+	- 10 - 02-16 15:33 2nd Sub. (Gray) H.B. 463
683	685		335
684	686		territory, possession of the United States, the District of Columbia, the Commonwealth
685	687		336
686	688		of Puerto Rico, Native American tribe, or other comparable domestic or foreign
687	689		337
688	690		jurisdiction.
689	691		338
690	692		[(31)] (32) "Work-related child care expenses" means reasonable child care costs for up to a
691	693		339
692	694		full-time work week or training schedule as necessitated by the employment or training
693	695		340
694	696		of a parent.
695	697		341
696	698		[(32)] (33) "Worksheet" means a form used to aid in calculating the base child support
697	699		342
698	700		award.
699	701		343
700	702		Section 6. Section 81-6-209 is amended to read:
701	703		344
702	704		81-6-209 . Requirements for a child support order regarding child care costs and
703	705		345
704	706		expenses -- Actual expenses for child care.
705	707		346
706	708		(1) The court or administrative agency shall require in a child support order that each parent
707	709		347
708	710		share equally the reasonable work-related child care expenses of the parents.
709	711		348
710	712		(2)(a) If an actual expense for child care is incurred, a parent shall begin paying the
711	713		349
712	714		parent's share on a monthly basis immediately upon presentation of proof of the child
713	715		350
714	716		care expense.
715	717		351
716	718		(b) If the child care expense ceases to be incurred, the parent may suspend making
717	719		352
718	720		monthly payment of that expense, while the expense is not being incurred, without
719	721		353
720	722		obtaining a modification of the child support order.
721	723		354
722	724		(c)(i) In the absence of a court order to the contrary, a parent who incurs child care
723	725		355
724	726		expense shall provide written verification of the cost and identity of a child care
725	727		356
726	728		provider to the other parent upon initial engagement of a provider and thereafter
727	729		357
728	730		on the request of the other parent.
729	731		358
730	732		(ii) In the absence of a court order to the contrary, the parent shall notify the other
731	733		359
732	734		parent of any change of child care provider or the monthly expense of child care
733	735		360
734	736		within 30 calendar days after the day on which the change occurred.
735	737		361
736	738		(3) The court may deny a parent incurring child care expenses the right to receive credit for
737	739		362
738	740		the expenses or to recover the other parent's share of the expenses if the parent incurring
739	741		363
740	742		the expenses fails to comply with Subsection (2)(c).
741	743		364
742	744		(4)(a) The court or administrative agency shall presume that child care costs should be
743	745		365
744	746		included in a child support order if a parent, during extended parent-time, is working
745	747		366
746	748		and actually incurring the child care costs.
747	749		367
748	750		(b) The presumption under Subsection (4)(a) is rebutted if:
749		-	- 11 - H.B. 463 Enrolled Copy
750	751		368
751	752		(i) the obligor's base child support award, in combination with the award of medical
	753	+	- 11 - 2nd Sub. (Gray) H.B. 463 02-16 15:33
752	754		369
753	755		expenses, exceeds 50% of the obligor's adjusted gross income; or
754	756		370
755	757		(ii) by adding the child care costs, the obligor's child support obligation would exceed
756	758		371
757	759		50% of the obligor's adjusted gross income.
758	760		372
759	761		(5)(a) The court or administrative agency may award child care costs on a case-by-case
760	762		373
761	763		basis if the child care costs are related to the career and occupational training of the
762	764		374
763	765		custodial parent or the child care costs would be in the interest of justice.
764	766		375
765	767		(b) The court or administrative agency may assign financial responsibility in a child
766	768		376
767	769		support order for all or a portion of child care expenses incurred on behalf of a child
768	770		377
769	771		due to the employment or training of the custodial parent.
770	772		378
771	773		(6)(a) The court or administrative agency may impute a monthly obligation for child
772	774		379
773	775		care costs when the court imputes income to a parent who is providing child care for
774	776		380
775	777		the child so that the parties are not incurring child care costs for the child.
776	778		381
777	779		(b) The court shall apply any monthly obligation imputed under Subsection (6)(a)
778	780		382
779	781		towards any actual child care costs incurred within the same month for the child.
780	782		383
781	783		(7) Beginning July 1, 2026, collection of child care costs shall be subject to the
782	784		384
783	785		requirements of Section 81-6-209.5.
784	786		385
785	787		Section 7. Section 81-6-209.5 is enacted to read:
786	788		386
787	789		81-6-209.5 . Costs of child care -- Ongoing expense for child care -- Office of
788	790		387
789	791		Recovery Services study item and report.
790	792		388
791	793		(1) Beginning July 1, 2026:
792	794		389
793	795		(a) a court or administrative agency shall include in a child support order a provision
794	796		390
795	797		requiring the obligor parent to pay a reasonable ongoing expense for child care to
796	798		391
797	799		assist with the child care expenses for the obligor parent's child;
798	800		392
799	801		(b) if a previous child support order does not exist, a substantial change in circumstances
800	802		393
801	803		has occurred, or a petition to modify a child support order as described in Section
802	804		394
803	805		81-6-212 is filed, the court determining the amount of the ongoing expense for child
804	806		395
805	807		care shall require each party to file a proposed award of an ongoing expense for child
806	808		396
807	809		care before the court enters or modifies a child support order;
808	810		397
809	811		(c)(i) a court or administrative agency shall use guidelines or cost tables prepared by
810	812		398
811	813		the Office of Recovery Services as a rebuttable presumption in establishing or
812	814		399
813	815		modifying the amount of the ongoing expense for child care;
814	816		400
815	817		(ii) the court or administrative agency shall order that:
816	818		401
817	819		(A) the amount set for the ongoing expense for child care be payable periodically,
818		-	- 12 - Enrolled Copy H.B. 463
819	820		402
820	821		either monthly, or on a schedule determined by the court or administrative
	822	+	- 12 - 02-16 15:33 2nd Sub. (Gray) H.B. 463
821	823		403
822	824		agency;
823	825		404
824	826		(B) the payment for an ongoing expense for child care commence on a specific
825	827		405
826	828		date or circumstance; and
827	829		406
828	830		(C) if appropriate, the ongoing expense for child care payments cease on a
829	831		407
830	832		specified date or circumstance; and
831	833		408
832	834		(iii) the amount of an ongoing expense for child care, the frequency of ongoing
833	835		409
834	836		expense for child care payments, and the commencement and termination of
835	837		410
836	838		ongoing expense for child care payments as determined under Subsections (1)(c)(i)
837	839		411
838	840		and (1)(c)(ii) are rebuttable upon:
839	841		412
840	842		(A) an agreement of the parties that is acceptable to the court;
841	843		413
842	844		(B) the court's determination that the evidence presented favors a different amount
843	845		414
844	846		or schedule; or
845	847		415
846	848		(C) a showing by a preponderance of the evidence that a different amount or
847	849		416
848	850		schedule is in the best interest of the child;
849	851		417
850	852		(d) unless otherwise provided by the court, the ongoing expense for child care shall
851	853		418
852	854		terminate when the child turns 13 years old; and
853	855		419
854	856		(e) when determining an amount that a parent may owe for an ongoing expense for child
855	857		420
856	858		care, the court:
857	859		421
858	860		(i) shall give the obligor parent credit for any ongoing expense for child care
859	861		422
860	862		payments made during the relevant time; and
861	863		423
862	864		(ii) may set the amount at zero upon a showing by a preponderance of the evidence
863	865		424
864	866		that child care expenses will not be incurred.
865	867		425
866	868		(2) The Office of Recovery Services shall:
867	869		426
868	870		(a) study the costs, parental income considerations, and practical and procedural issues
869	871		427
870	872		related to establishing a requirement to provide an ongoing expense for child care for
871	873		428
872	874		a child who is subject to a child support order;
873	875		429
874	876		(b) based upon the study results:
875	877		430
876	878		(i) prepare guidelines or a cost table to be used for the calculation of the presumed
877	879		431
878	880		amount of an ongoing expense for child care in compliance with the requirements
879	881		432
880	882		of this section;
881	883		433
882	884		(ii) propose guidelines or practices to recommend how often periodic ongoing
883	885		434
884	886		expense for child care payments should be made;
885	887		435
886	888		(iii) propose guidelines or practices to recommend when ongoing expense for child
887		-	- 13 - H.B. 463 Enrolled Copy
888	889		436
889	890		care payments should commence and when they should cease; and
	891	+	- 13 - 2nd Sub. (Gray) H.B. 463 02-16 15:33
890	892		437
891	893		(iv) propose all statutory and procedural changes that are required to change the
892	894		438
893	895		presumption from collecting child care costs through receipt-based reimbursement
894	896		439
895	897		as provided under Section 81-6-209, to a new presumption that all new and
896	898		440
897	899		modified child support orders shall contain a provision requiring child care costs
898	900		441
899	901		to be paid by means of an ongoing expense for child care; and
900	902		442
901	903		(c) report on the study items described in Subsections (2)(a) and (b) to the Health and
902	904		443
903	905		Human Services Interim Committee on or before the October 2025 interim meeting.
904	906		444
905	907		Section 8. Effective Date.
906	908		445
907	909		This bill takes effect on May 7, 2025.
908	910		- 14 -