Utah Child Support Laws: Guidelines and Calculations

Quick Summary: Utah Child Support

• Guideline Model: Income Shares Model
• Governing Statute: Utah Code Title 81, Chapter 6 (formerly Title 78B, Chapter 12)
• Age of Termination: 18 (or 19 if still completing 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
• Low-Income Table Threshold: Combined gross monthly income of $1,951 or less
• Agency: Office of Recovery Services (ORS), Department of Health and Human Services

How to Apply for Child Support in Utah

The Utah Office of Recovery Services (ORS) is the state agency that provides child support services under the federal Title IV-D child support program. ORS operates within the Utah Department of Health and Human Services.

To apply for services, you have several options:

• Apply online through the ORS portal.
• Download the paper application (PDF), complete it, and mail it to ORS.
• Call ORS at (801) 536-8500 for assistance.

You will need to complete a separate application for each family group. A family group is a pairing of parents and children. Include copies of each child's birth certificate (if born outside Utah) and any existing child support orders.

ORS services include locating non-custodial parents, establishing paternity, enforcing child support orders, and reviewing and adjusting existing support orders.

Key points to remember:

• If the non-custodial parent lives in another state or country, ORS will coordinate with that jurisdiction to enforce the order.
• ORS can only collect past-due support for up to four years after the last child turns 18.
• ORS does not represent either parent, does not provide legal advice, and does not handle custody, visitation, or property settlement issues.
• Parents receiving public assistance qualify for ORS services automatically.

How Is Paternity Established in Utah?

According to Utah law, there are three ways to establish paternity:

• Voluntary Declaration of Paternity: The father signs the declaration form, often at the hospital after childbirth. This form can also be signed at any time at the Department of Health, Vital Records, and Statistics, as long as both parents agree.
• Court or administrative order: A court can issue a paternity order through a legal proceeding (sometimes called involuntary acknowledgment).
• DNA testing: Either parent can petition the court to require DNA testing (judicial process), or ORS can arrange DNA testing through an administrative process.

Key points to remember:

• Establishing paternity gives the father legal rights to custody and visitation.
• You have 60 days to rescind a Voluntary Declaration of Paternity after signing.
• Before signing the Voluntary Declaration, ORS advises parents to listen to an oral presentation by calling 1-800-662-8585, then pressing 2, then 6.
• If you have doubts about the child's paternity, do not sign the form until DNA testing is completed.

How Is Child Support Calculated in Utah?

Utah uses the Income Shares Model to determine child support obligations. The core principle is that each child should receive the same proportion of parental income they would have received if the parents lived together.

Under Utah Code Section 81-6-202, each parent's child support obligation is set in proportion to their adjusted gross income. The calculation process works as follows:

1. Determine each parent's adjusted gross income. Gross income includes wages, salaries, commissions, bonuses, self-employment income, rental income, and other sources. Adjustments are made for items such as alimony paid under a prior order.
2. Combine both parents' incomes. The combined adjusted gross income determines the base child support obligation from the state's obligation tables.
3. Divide the obligation proportionally. Each parent's share is based on their percentage of the combined income.
4. Apply the appropriate table. Utah maintains both a standard obligation table and a low-income table under Utah Code Section 81-6-304.

Low-Income Table

If either parent's monthly adjusted gross income falls between $650 and $1,951, the court uses the low-income table to calculate the base child support award. The low-income threshold was raised from $900 to $1,951 effective January 1, 2023, which means more families now qualify for reduced support amounts under this table.

Online Calculator and Worksheets

To estimate your child support obligation:

• Use the official ORS Child Support Calculator.
• Cross-reference the result with the base combined child support obligation table in Utah Code Section 81-6-304.

You may also use the following court-provided worksheets:

• Sole Custody Worksheet
• Joint Physical Custody Worksheet
• Split Custody Worksheet

The calculator and worksheets provide estimates only. The judge makes the final determination of the support amount.

Extended Parenting Time Reduction

Utah law provides specific child support reductions when the non-custodial parent has extended parenting time, as outlined in Utah Code Section 81-6-216:

• 50% reduction for each child during periods when the child is with the non-custodial parent for at least 25 of any 30 consecutive days.
• 25% reduction for each child during periods when the child is with the non-custodial parent for at least 12 of any 30 consecutive days.

These reductions apply only during the qualifying periods of extended parenting time, not to the entire annual obligation.

Grounds for Deviation

The child support formula does not always produce a fair result. Under Utah Code Section 81-6-202(3), a judge may deviate from the guidelines based on several factors:

• Either parent's ability to earn income.
• The financial needs of the parents and child.
• The age of the child or children.
• The relative wealth and income of the parents.
• A parent's or child's disability.

Deviation is granted only in exceptional circumstances. Consult a family law attorney to determine whether deviation may apply to your case.

How to Modify Child Support in Utah

Under Utah Code Section 81-6-212, either parent, a legal guardian, or ORS may petition to modify a child support order. However, the law sets specific thresholds that must be met.

Modification Thresholds

If three or more years have passed since the order was entered or last modified:

• There must be at least a 10% difference between the current support amount and the amount that would be required under current guidelines.
• A showing of substantial change in circumstances is not required for a three-year review adjustment.

If less than three years have passed since the order was entered or last modified:

• There must be at least a 15% difference between the current support amount and the proposed amount.
• You must demonstrate a substantial change in circumstances.

What Qualifies as a Substantial Change

A substantial change in circumstances may include:

• A significant increase or decrease in a parent's income or employment status.
• A change in the child's medical or educational needs.
• The emancipation of one or more children on the order.
• A change in custody or parenting time arrangements.

The change cannot be temporary. Under Utah law, "temporary" generally means lasting fewer than 12 months.

How to Request a Modification

You have two options:

• File a motion to adjust with the court (simpler and faster, but limited to certain circumstances).
• File a petition to modify through the court for more complex situations.

Forms for both options are available on the Utah Courts self-help website. You can also request a review and adjustment through ORS.

For questions about the modification process, contact the Appellate Clerk's Office at (801) 578-3900 or find the closest court in your area.

2025 Legislative Update: HB 463

In March 2025, Governor Cox signed HB 463 (Child Support Modifications) into law. This bill amended several child support provisions, including updates to Section 81-6-209 regarding work-related and education-related childcare expenses. The law also directed the Human Services Interim Committee to receive a Recovery Services study item and report by October 2025.

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

Utah treats failure to pay child support seriously. Income withholding is included in all child support orders by default. When a court issues a child support order, the non-custodial parent's employer typically receives a corresponding order to garnish wages, salary, and bonuses.

If wage withholding is insufficient, ORS has a range of enforcement tools available:

• License suspension: ORS can work with state agencies to suspend a delinquent parent's driver's license, professional license, or recreational license.
• Passport denial: Under federal law, the U.S. Department of State will deny or revoke passports for individuals who owe more than $2,500 in child support arrears.
• Liens: ORS may place liens on real estate, vehicles, and other valuable assets.
• Credit bureau reporting: ORS may report delinquent support to credit bureaus, which can affect your credit score.
• Tax refund intercept: ORS can intercept state, local, and federal tax refunds to satisfy past-due support.
• Bank account garnishment: ORS may garnish funds from bank accounts.
• Seizure of other assets: Payments owed to the delinquent parent by third parties may also be seized.

Criminal Nonsupport in Utah

Under Utah Code Section 76-7-201, a person commits criminal nonsupport by knowingly failing to provide support for a child under 18 when that child is in needy circumstances.

Class A Misdemeanor: Criminal nonsupport is generally a class A misdemeanor.

Third-Degree Felony: The charge escalates to a third-degree felony if:

• The parent has one or more prior convictions for nonsupport.
• The parent committed the offense while living outside Utah.
• The parent failed to pay support in 18 or more individual months within any 24-month period.
• The total arrearage exceeds $10,000.

A third-degree felony in Utah carries a maximum sentence of five years in prison, a fine of up to $5,000, or both.

Voluntary unemployment or underemployment is not a valid defense to criminal nonsupport charges.

When Does Child Support End in Utah?

Child support in Utah generally ends when the child turns 18 years old. If the child is still enrolled in and completing high school at age 18, child support continues until the child graduates or turns 19, whichever comes first.

Child support also ends if the child:

• Marries.
• Joins the United States Armed Forces.
• Is emancipated by court order.
• Dies.

Support for Disabled Children

Child support may continue indefinitely if an adult child has a disability and remains dependent on their parents for support.

Emancipation of Minors in Utah

Utah law allows minors age 16 or older to petition the juvenile court for emancipation. To qualify, the minor must demonstrate that they:

• Can manage their own financial affairs.
• Are living independently of their parents or guardian.

Emancipation can also occur through marriage, military service, or a court order.

College Tuition Agreements

Utah courts do not have the authority to order child support for college tuition. However, parents may voluntarily enter into agreements to contribute to college or university costs. Any such agreement should be put in writing and made legally enforceable. Consult a family law attorney if you are considering a tuition agreement.

2024 Recodification: What Changed

In 2024, the Utah Legislature passed SB 95 (Domestic Relations Recodification), which reorganized family law statutes across the Utah Code. The child support provisions that were previously located in Title 78B, Chapter 12 (Utah Child Support Act) were moved to Title 81, Chapter 6 (Child Support), effective September 1, 2024.

The recodification did not change the substance of the child support guidelines. The same rules, tables, and procedures apply. However, all statutory references now use the Title 81 numbering. For example:

Old Citation	New Citation	Topic
78B-12-202	81-6-202	Application of guidelines
78B-12-212	81-6-212	Modification of orders
78B-12-216	81-6-216	Extended parenting time
78B-12-301	81-6-304	Base obligation table

If you have an existing child support order that references Title 78B, the order remains valid. The new Title 81 citations apply to all proceedings going forward.

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