Utah Child Support Laws

Table of Contents

Quick Summary: Utah Child Support

  • Guideline Model: Income Shares Model
  • Age of Termination: 18 (or 19 if still in high school)
  • Modification Threshold: 10% change (15% if less than 3 years since order)
  • Extended Parenting Time Reduction: 25% to 50% reduction for extended visitation
  • Governing Statute: Utah Code Title 78B, Chapter 12
  • Agency: Office of Recovery Services (ORS), Department of Health and Human Services

How to Apply for Child Support in Utah

The Utah Department of Health and Human Services through the ORS (Office of Recovery Services) is the state agency tasked with providing child support services in Utah under the federal/state IV-D child support program. To apply for services, you have several options:

Apply online here, or email [email protected]

You may also download this application, complete it, and mail it back.

The services provided include non-custodial parent location, paternity order establishment, enforcing Utah child support guidelines, and the review and adjustment of support orders.

What to remember:

  • If the non-custodial parent resides in another state or country, the ORS will refer your case to that state or country.
  • In Utah, the ORS can only collect past-due support for four years after the last child turns 18.
  • The ORS will not represent either parent, does not give legal advice, nor does it address custody, visitation, or property settlement issues.
  • The application form will take thirty minutes to one hour to complete. Try to be as accurate as you can to avoid repeating.
  • The ORS service number is (801) 536-8500.

How is Paternity Established in Utah?

According to the courts, there are three ways to establish paternity in Utah:

  1. Voluntary Declaration Form: The father signs the form at the hospital after childbirth.
  2. Court or administrative order: Also known as “involuntary acknowledgment of paternity.”
  3. DNA testing: Either parent petitions the court to require the other parent to take a DNA test (judicially), or the ORS conducts a DNA test (administratively).

What to remember:

  • Establishing paternity in Utah gives the father the same rights he would enjoy if he and his partner never split, including visitation or custody rights.
  • Before you sign the Voluntary Declaration form, the ORS advises parents to listen to an oral presentation by calling 1-800-662-8585, then press 2, 6.
  • As long as both parents agree to sign, you may sign the Voluntary Declaration of Paternity at any time at the Department of Health, Vital Records, and Statistics.
  • You have 60 days to rescind your Voluntary Declaration of Paternity.
  • If you have doubts over the child’s paternity, do not sign the form until you take a DNA or blood test.
  • Parents receiving public assistance qualify for ORS services automatically.

Download the Voluntary Declaration of Paternity form here.

How is Child Support Determined in Utah?

Utah child support laws state: “each child is entitled to a determination of support without respect to the marital status of the parents at the time of the child’s birth.” Accordingly, the state adopted a version of the Income Shares Model that seeks to provide child support at the same level the child would receive if the parents never split.

The court will set your financial obligation in proportion to your adjusted gross income unless during periods of court-ordered parenting time as outlined in section 78B-12-216.

Section 216 (reduction for extended parenting time) provides:

  • 50% reduction: For each child for periods during which the child is with the non-custodial parent for at least 25 of any 30 consecutive days of extended parenting time.
  • 25% reduction: For each child for periods during which the child is with the non-custodial parent for at least 12 of any 30 consecutive days of extended parenting time.

How to Calculate Child Support in Utah

Utah’s child support formula is based on three components: Medicare/FICA, base child support, and childcare expenses. The courts determine parental obligation using an obligation table.

To determine your obligation:

  1. Use the court-provided Utah child support calculator here.
  2. Cross-reference the resulting figure with the 78B-12-301 Base Combined Child Support Obligation table.

You may also use the following worksheets to estimate your obligation:

Download all related forms here.

What to remember:

  • The worksheet or calculator only estimates; it is up to the judge to decide a final support amount.
  • Utah courts use the Income Shares Model to divide obligation.

Grounds for Child Support Deviation in Utah

Utah child support formula does not always yield fair results. The law allows the judge to deviate from the formula/guidelines considering the following factors according to Utah Code Section 78B-12-202(3):

  • Either parent’s ability to earn.
  • The financial needs of the parents and child.
  • The age of the child(ren).
  • The relative wealth and income of the parents.
  • Parent or child’s disability.

Note that the court only grants deviations in exceptional circumstances. Talk to a family court attorney to see if a deviation is your best path.

How to Modify Child Support in Utah

According to Utah child support laws, parents can only petition for support order change if “the difference in the currently ordered child support amount and the proposed child support amount is at least 10%.” On top of that, support order change cannot be temporary or last less than 1 year.

To begin the modification process, you can take one of two paths:

  1. File a motion to adjust.
  2. Petition the court to modify.

What to remember:

  • Although simpler and faster to process, a motion can only be used in limited circumstances. To file a petition, you must download and complete the appropriate form here.
  • Modification requirements depend on whether it has been three years since the order was entered.

If it has been less than three years since you got your child support order, then there must be a 15% difference between the proposed support amount and the support amount currently ordered. You must also demonstrate to the court that a material change in circumstances has occurred.

A material change refers to factors such as the emancipation of a child, the changing medical needs of the child, a parent’s employment potential, and so on. Talk to a family court attorney to see if the modification process will work in your favor.

For more information, call the Appellate Clerk’s Office at 801-578-3900. Or find the closest court in your area here.

What Happens if You Do Not Pay Child Support in Utah?

Utah child support laws recognize the anxiety custodial parents experience due to lack of support. Consequently, income/wage withholding is included in all support orders. When you receive a child support order, your employer may also receive an order requiring that child support be garnished from your income, wages, and bonuses.

If wage withholding does not work, the ORS may employ any of the following enforcement actions:

  • License suspension: The ORS through other state agencies may suspend the delinquent parent’s driver’s, professional, or recreational license.
  • Passport denial: If you owe more than $2,500 in back child support, the ORS may suspend, deny, or revoke your passport.
  • Liens: On valuable assets such as vehicles, real estate, and other assets.
  • Credit bureau reporting: The ORS may forward your name and financial details to credit bureaus.
  • Income tax offset: The ORS may intercept your state, local, or federal taxes.

Utah Criminal Nonsupport

According to the Office of the Attorney General, failure to pay child support is a form of child abuse that must be punished accordingly. Current provisions include:

  • Arrears for a third-degree nonsupport felony apply when owing $5,000 or more.
  • Aggravated second-degree charges are applicable to parents who have been previously convicted or pleaded guilty to criminal nonsupport (second offense) or those who owe more than $15,000.

A third-degree felony in Utah is punishable by up to five years in prison or a $5,000 fine.

When Does Child Support End in Utah?

18 is the age of emancipation in Utah. But if the child is still in high school, your obligation will continue until the child’s 19th birthday.

Also, child support may continue indefinitely if a disabled child remains dependent.

It is also possible to make out-of-court college or university tuition agreements. But the agreement must be legally enforceable. Talk to your partner or family court attorney.

Utah Emancipation

Utah child support laws allow minors above sixteen to petition the juvenile court to declare them emancipated. However, the minor must be:

  • Able to handle his or her financial affairs.
  • Living independently of his or her parents or guardian.

You may also seek emancipation through military service by joining the U.S. military, marriage, or court order.

Frequently Asked Questions

Does Utah consider both parents’ incomes for child support?

Yes. Utah uses the Income Shares Model, which considers the combined gross incomes of both parents. The total child support obligation is then divided proportionally based on each parent’s share of the combined income.

What is the minimum child support in Utah?

Utah does not have a statutory minimum child support amount. The obligation is calculated based on the parents’ combined income and the number of children using the child support obligation table in Utah Code 78B-12-301.

Can child support be reduced for extended visitation in Utah?

Yes. Utah provides specific reductions for extended parenting time: 50% reduction if the child is with the non-custodial parent for at least 25 of any 30 consecutive days, or 25% reduction for at least 12 of any 30 consecutive days.

How long does Utah have to collect back child support?

The ORS can collect past-due support for up to four years after the last child turns 18. After that period, collection through the ORS becomes limited, though private collection may still be possible.

Can I represent myself in a Utah child support case?

Yes, you can represent yourself (pro se). The Utah Courts provide self-help resources and forms. However, for complex cases or if significant assets are involved, consulting with a family law attorney is recommended.

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