Utah Code § 81-6-101

Current through the 2024 Fourth Special Session

Section 81-6-101 - Definitions for chapter

As used in this chapter:

(1) "Administrative agency" means the Office of Recovery Services or the Department of Health and Human Services.

(2) "Administrative order" means the same as that term is defined in Section 26B-9-201.

(3) "Alimony" means the same as that term is defined in Section 81-4-101.

(4) "Base child support award" means the award that may be ordered and is calculated using the child support guidelines before additions for medical expenses and work-related child care costs.

(5) "Base combined child support obligation" means the presumed amount of child support that the parents should provide for their child as described in Subsection 81-6-204(1).

(6) "Base combined child support obligation table" means the appropriate table described in Sections 81-6-302 and 81-6-304.

(7) "Child" means:

(a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means.

(8)

(a) "Child support" means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child.

(b) "Child support" includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.

(9) "Child support guidelines" means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support.

(10) "Child support order" means a judgment, decree, or order issued by a tribunal whether temporary, final, or subject to modification, that:

(a) establishes or modifies child support;

(b) reduces child support arrearages to judgment; or

(c) establishes child support or registers a child support order under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act.

(11) "Child support tables" means the tables described in Part 3, Child Support Tables.

(12) "Child support services" means the same as that term is defined in Section 26B-9-101.

(13) "Gross income" means the amount of income calculated for a parent as described in Section 81-6-203.

(14) "Health care coverage" means coverage under which medical services are provided to a child through:

(a) fee for service;

(b) a health maintenance organization;

(c) a preferred provider organization;

(d) any other type of private health insurance; or

(e) public health care coverage.

(15)

(a) "Income" means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay.

(b) "Income" includes:

(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;

(ii) interest and dividends;

(iii) periodic payments made under pension or retirement programs or insurance policies of any type;

(iv) unemployment compensation benefits;

(v) workers' compensation benefits; and

(vi) disability benefits.

(16) "Joint physical custody" means the same as that term is defined in Section 81-9-101.

(17) "Low income table" means the appropriate table under Section 81-6-303 or 81-6-305.

(18) "Medical expenses" means health and dental expenses and related insurance costs.

(19) "Minor child" means a child who is younger than 18 years old.

(20) "Obligee" means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance.

(21) "Obligor" means a person owing a duty of support.

(22) "Office" means the Office of Recovery Services within the Department of Health and Human Services.

(23) "Pregnancy expenses" means an amount equal to:

(a) the sum of a pregnant mother's:

(i) health insurance premiums while pregnant that are not paid by an employer or government program; and

(ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; and

(b) minus any portion of the amount described in Subsection (23)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child.

(24) "Split custody" means that each parent has physical custody of at least one of the children.

(25) "State" means a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction.

(26) "Support" means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child.

(27) "Support order" means:

(a) a child support order; or

(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to modification, for alimony.

(28) "Temporary" means a period of time that is projected to be less than 12 months in duration.

(29) "Third party" means an agency or a person other than a parent or a child who provides care, maintenance, and support to a child.

(30) "Tribunal" means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction.

(31) "Work-related child care expenses" means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent.

(32) "Worksheet" means a form used to aid in calculating the base child support award.

Utah Code § 81-6-101

Renumbered from § 78B-12-102 and amended by Chapter 366, 2024 General Session ,§ 138, eff. 9/1/2024.

Amended by Chapter 330, 2023 General Session ,§ 108, eff. 5/3/2023.

Amended by Chapter 333, 2023 General Session ,§ 2, eff. 5/3/2023.

Amended by Chapter 111, 2021 General Session ,§ 1, eff. 5/5/2021.

Amended by Chapter 96, 2018 General Session ,§ 3, eff. 7/1/2018.

Amended by Chapter 45, 2015 General Session ,§ 5, eff. 7/1/2015.

Amended by Chapter 142, 2009 General Session