Current through the 2024 Fourth Special Session
Section 81-6-213 - Adjustment to child support when child becomes emancipated(1) Except as otherwise provided in the child support order, the base child support award is automatically adjusted to the base child support award for the remaining number of children due child support, without the need to modify the most recent child support order by a court, when a child:(a) becomes 18 years old or graduates from high school during the child's normal and expected year of graduation, whichever occurs later;(b) dies, marries, becomes a member of the armed forces of the United States; or(c) is emancipated in accordance with Title 80, Chapter 7, Emancipation.(2) The base child support award is adjusted as described in Subsection (1) by using the child support table that was used to establish the most recent child support order and by using the income of the parties as specified in the most recent child support order or the worksheets.(3) The base child support award may not be reduced by a per child amount derived from the base child support award originally ordered.(4) If the incomes of the parties are not specified in the most recent child support order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the child support guidelines, the base child support award is not automatically adjusted under Subsection (1) and the child support order will continue until modified by the issuing tribunal.(5) If the child support order is deviated and the parties subsequently obtain a court order that adjusts the amount of child support back to the date of the emancipation of the child, the office may not be required to repay any difference in the child support collected during the interim.Added by Chapter 366, 2024 General Session ,§ 160, eff. 9/1/2024.