Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 93 (2018GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "health care coverage";
• addresses how health care coverage for medical expenses is treated for purposes of child support; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CHILD SUPPORT ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
Val K. Potter
LONG TITLE
General Description:
This bill addresses child support requirements.
Highlighted Provisions:
This bill:
▸ defines "health care coverage";
▸ addresses how health care coverage for medical expenses is treated for purposes of
child support; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
30-3-5.4
, as enacted by Laws of Utah 2010, Chapter 285
30-3-35.1
, as last amended by Laws of Utah 2017, Chapter 120
78B-12-102
, as last amended by Laws of Utah 2015, Chapter 45
78B-12-212
, as last amended by Laws of Utah 2010, Chapter 285
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-5.4
 is amended to read:
30-3-5.4.
Designation of primary and secondary health, dental, or hospital
insurance coverage.
(1) For purposes of this section, "health, hospital, or dental insurance plan" has the
same meaning as "health care insurance" as defined in Section 
31A-1-301
.
(2) (a) A decree of divorce rendered in accordance with Section 
30-3-5
, an order for
medical expenses rendered in accordance with Section 
78B-12-212
, and an administrative
order under Section 
62A-11-326
 shall, in accordance with Subsection (2)(b)(ii), designate
which parent's health, hospital, or dental insurance plan is primary coverage and which parent's
health, hospital, or dental insurance plan is secondary coverage for a dependent child.
(b) The provisions of the court order required by Subsection (2)(a) shall:
(i) take effect if at any time a dependent child is covered by both parents' health,
hospital, or dental insurance plans; and
(ii) include the following language:
"If, at any point in time, a dependent child is covered by the health, hospital, or dental
insurance plans of both parents, the health, hospital, or dental insurance plan of (Parent's
Name) shall be primary coverage for the dependent child and the health, hospital, or dental
insurance plan of (Other Parent's Name) shall be secondary coverage for the dependent child. 
If a parent remarries and his or her dependent child is not covered by that parent's health,
hospital, or dental insurance plan but is covered by a step-parent's plan, the health, hospital, or
dental insurance plan of the step-parent shall be treated as if it is the plan of the remarried
parent and shall retain the same designation as the primary or secondary plan of the dependent
child."
(c) A decree of divorce or related court order may not modify the language required by
Subsection (2)(b)(ii).
(d) Notwithstanding Subsection (2)(c), a court may allocate the payment of medical
expenses including co-payments, deductibles, and co-insurance not covered by health insurance
between the parents in accordance with Subsections 
30-3-5
(1)(a) and 
78B-12-212
[
(6)
]
(7)
.
(3) In designating primary coverage pursuant to Subsection (2), a court may take into
account:
(a) the birth dates of the parents;
(b) a requirement in a court order, if any, for one of the parents to maintain health
insurance coverage for a dependent child;
(c) the parent with physical custody of the dependent child; or
(d) any other factor the court considers relevant.
Section 2. Section 
30-3-35.1
 is amended to read:
30-3-35.1.
Optional schedule for parent-time for children 5 to 18 years of age.
(1) The optional parent-time schedule in this section applies to children 5 to 18 years of
age. This schedule is 145 overnights. Any impact on child support shall be consistent with
Subsection 
78B-12-102
[
(14)
]
(15)
.
(2) The parents and the court may consider the following increased parent-time
schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
following:
(a) the noncustodial parent has been actively involved in the child's life;
(b) the parties are able to communicate effectively regarding the child, or the
noncustodial parent has a plan to accomplish effective communications regarding the child;
(c) the noncustodial parent has the ability to facilitate the increased parent-time;
(d) the increased parent-time would be in the best interest of the child; and
(e) any other factor the court considers relevant.
(3) In determining whether a noncustodial parent has been actively involved in the
child's life, the court shall consider:
(a) demonstrated responsibility in caring for the child;
(b) involvement in day care;
(c) presence or volunteer efforts in the child's school and at extracurricular activities;
(d) assistance with the child's homework;
(e) involvement in preparation of meals, bath time, and bedtime for the child;
(f) bonding with the child; and
(g) any other factor the court considers relevant.
(4) In determining whether a noncustodial parent has the ability to facilitate the
increased parent-time, the court shall consider:
(a) the geographic distance between the residences of the parents and the distance
between the parents' residences and the child's school;
(b) the noncustodial parent's ability to assist with after school care;
(c) the health of the child and the noncustodial parent, consistent with Subsection
30-3-10
(4);
(d) flexibility of employment or other schedule of the parent;
(e) ability to provide appropriate playtime with the child;
(f) history and ability of the parent to implement a flexible schedule for the child;
(g) physical facilities of the noncustodial parent's residence; and
(h) any other factor the court considers relevant.
(5) An election required to be made in accordance with this section by either parent
concerning parent-time shall be made a part of the decree and made a part of the parent-time
order. An election may only be changed by mutual agreement, court order, or by the
noncustodial parent in the event of a change in the child's schedule.
(6) If the parties agree or the court enters an order for the optional parent-time schedule
as set forth in this section, a parenting plan in compliance with Sections 
30-3-10.7
 through
30-3-10.10
 shall be filed with any order incorporating the following optional parent-time
schedule:
(a) The noncustodial parent or the court may specify one weekday for parent-time. If
no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
following day when delivering the child to school, or until 8 a.m., if there is no school the
following day. Once the election of the weekday is made, it may only be changed in
accordance with Subsection (5). At the election of the noncustodial parent, weekday
parent-time may commence:
(i) from the time the child's school is regularly dismissed; or
(ii) if school is not in session, and the parent is available to be with the child, at
approximately 8 a.m., accommodating the custodial parent's work schedule.
(b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
shall be entitled to alternating weekends beginning on the first weekend after the entry of the
decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
if there is no school on Monday. At the election of the noncustodial parent, weekend
parent-time may commence:
(i) from the time the child's school is regularly dismissed on Friday; or
(ii) if school is not in session, and the parent is available to be with the child, at
approximately 8 a.m. on Friday, accommodating the custodial parent's work schedule.
(c) Subsections 
30-3-35
(2)(f) through (p) are incorporated into this section and
constitute the parent-time schedule with the exception that all instances that require the
noncustodial parent to return the child at any time after 6 p.m. be changed so that the
noncustodial parent is required to return the child to school the next morning or at 8 a.m., if
there is no school.
(7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
parent may pick up the child if the custodial parent is aware of the identity of the individual,
and if the noncustodial parent will be with the child by 7 p.m.
(8) Weekends include any "snow" days, teacher development days, or other days when
school is not scheduled and that are contiguous to the weekend period.
(9) Holidays include any "snow" days, teacher development days after the child begins
the school year, or other days when school is not scheduled, contiguous to the holiday period,
and take precedence over weekend parent-time. Changes may not be made to the regular
rotation of the alternating weekend parent-time schedule.
(a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
the child's attendance at school for that school day.
(b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
period extends beyond that time so that the child is free from school and the parent is free from
work, the noncustodial parent shall be entitled to this lengthier holiday period.
(c) At the election of the noncustodial parent, parent-time over a scheduled holiday
weekend may begin from the time the child's school is dismissed at the beginning of the
holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
a.m., accommodating the custodial parent's work schedule, unless the court directs the
application of Subsection (6)(a).
(10) Birthdays take precedence over holidays and extended parent-time, except
Mother's Day and Father's Day. Birthdays do not take precedence over uninterrupted
parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
along for birthdays.
(11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
beyond the hours designated in Subsection 
30-3-35
(2)(g)(vi).
(12) If there are children aged 5 to 18 and children under the age of five who are the
natural or adopted children of the parties, the parents and the court should consider an upward
deviation for parent-time with all the minor children so that parent-time is uniform based on a
schedule pursuant to this section.
Section 3. Section 
78B-12-102
 is amended to read:
78B-12-102.
Definitions.
As used in this chapter:
(1) "Adjusted gross income" means income calculated under Subsection
78B-12-204
(1).
(2) "Administrative agency" means the Office of Recovery Services or the Department
of Human Services.
(3) "Administrative order" means an order that has been issued by the Office of
Recovery Services, the Department of Human Services, or an administrative agency of another
state or other comparable jurisdiction with similar authority to that of the office.
(4) "Base child support award" means the award that may be ordered and is calculated
using the guidelines before additions for medical expenses and work-related child care costs.
(5) "Base combined child support obligation table," "child support table," "base child
support obligation table," "low income table," or "table" means the appropriate table in Part 3,
Tables.
(6) "Cash medical support" means an obligation to equally share all reasonable and
necessary medical and dental expenses of children.
(7) "Child" means:
(a) a son or daughter under the age of 18 years who is not otherwise emancipated,
self-supporting, married, or a member of the armed forces of the United States;
(b) a son or daughter over the age of 18 years, 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) "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, including current
periodic payments, [
all
] arrearages [
which
] 
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 order" or "support order" means a judgment, decree, or order of a
tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable,
whether incidental to a proceeding for divorce, judicial or legal separation, separate
maintenance, paternity, guardianship, civil protection, or otherwise [
which
] 
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 Chapter 14, Utah
Uniform Interstate Family Support Act.
(10) "Child support services" or "IV-D child support services" means services provided
pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. [
Section
] 
Sec.
et seq.
(11) "Court" means the district court or juvenile court.
(12) "Guidelines" means the directions for the calculation and application of child
support in Part 2, Calculation and Adjustment.
(13) "Health care coverage" means coverage under which medical services are
provided to a dependent 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.
[
(13)
] 
(14) (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:
[
(a)
] 
(i)
 all gain derived from capital assets, labor, or both, including profit gained
through sale or conversion of capital assets;
[
(b)
] 
(ii)
 interest and dividends;
[
(c)
] 
(iii)
 periodic payments made under pension or retirement programs or insurance
policies of any type;
[
(d)
] 
(iv)
 unemployment compensation benefits;
[
(e)
] 
(v)
 workers' compensation benefits; and
[
(f)
] 
(vi)
 disability benefits.
[
(14)
] 
(15)
 "Joint physical custody" means the child stays with each parent overnight
for more than 30% of the year, and both parents contribute to the expenses of the child in
addition to paying child support.
[
(15)
] 
(16)
 "Medical expenses" means health and dental expenses and related insurance
costs.
[
(16)
] 
(17)
 "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.
[
(17)
] 
(18)
 "Obligor" means [
any
] 
a
 person owing a duty of support.
[
(18)
] 
(19)
 "Office" means the Office of Recovery Services within the Department of
Human Services.
[
(19)
] 
(20)
 "Parent" includes a natural parent, or an adoptive parent.
[
(20)
] 
(21)
 "Split custody" means that each parent has physical custody of at least one
of the children.
[
(21)
] 
(22)
 "State" includes [
any
] 
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.
[
(22)
] 
(23)
 "Temporary" means a period of time that is projected to be less than 12
months in duration.
[
(23)
] 
(24)
 "Third party" means an agency or a person other than the biological or
adoptive parent or a child who provides care, maintenance, and support to a child.
[
(24)
] 
(25)
 "Tribunal" means the district court, the Department of Human Services,
Office of Recovery Services, or court or administrative agency of [
any
] 
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.
[
(25)
] 
(26)
 "Work-related child care costs" 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 under Section 
78B-12-215
.
[
(26)
] 
(27)
 "Worksheets" means the forms used to aid in calculating the base child
support award.
Section 4. Section 
78B-12-212
 is amended to read:
78B-12-212.
Medical expenses.
(1) A child support order issued or modified in this state on or after July 1, 2018, shall
require compliance with this section as of the effective date of the child support order unless
the court makes specific findings as to good cause to deviate from the requirements of this
section.
[
(1)
] 
(2)
 (a) The court shall order that [
insurance
] 
health care coverage
 for the medical
expenses of [
the minor children
] 
a minor child
 be provided by a parent [
if it is available at a
reasonable cost
].
(b) The court shall order that a parent provide insurance for the medical expenses of a
minor child if insurance is available to that parent at a reasonable cost.
[
(b)
] 
(c)
 The court shall, in accordance with Section 
30-3-5
, designate which health,
hospital, or dental insurance plan is primary and which health, hospital, or dental insurance
plan is secondary if at any time a dependent child is covered by both parents' health, hospital,
or dental insurance plans.
[
(2)
] 
(3)
 In determining which parent shall be ordered to maintain insurance for
medical expenses, the court or administrative agency may consider the:
(a) reasonableness of the cost;
(b) availability of a group insurance policy;
(c) coverage of the policy; and
(d) preference of the custodial parent.
[
(3)
] 
(4)
 The order shall require each parent to share equally the out-of-pocket costs of
the premium actually paid by a parent for the [
children's
] 
child's
 portion of insurance unless the
court finds good cause to order otherwise.
[
(4)
] 
(5)
 The parent who provides the insurance coverage may receive credit against the
base child support award or recover the other parent's share of the [
children's
] 
child's
 portion of
the premium. [
In cases in which
] 
If
 the parent does not have insurance but another member of
the parent's household provides insurance coverage for the [
children
] 
child
, the parent may
receive credit against the base child support award or recover the other parent's share of the
[
children's
] 
child's
 portion of the premium.
[
(5)
] 
(6)
 The [
children's
] 
child's
 portion of the premium is a per capita share of the
premium actually paid. The premium expense for [
the children
] 
a child
 shall be calculated by
dividing the premium amount by the number of persons covered under the policy and
multiplying the result by the number of children in the instant case.
[
(6)
] 
(7)
 The order shall, in accordance with Subsection 
30-3-5
(1)(b), include a cash
medical support provision that requires each parent to equally share all reasonable and
necessary uninsured and unreimbursed medical and dental expenses incurred for [
the
] 
a
dependent [
children
] 
child
, including [
but not limited to
] deductibles and copayments unless
the court finds good cause to order otherwise.
[
(7)
] 
(8)
 The parent ordered to maintain insurance shall provide verification of
coverage to the other parent, or to the Office of Recovery Services under Title IV of the Social
Security Act, 42 U.S.C. [
Section
] 
Sec.
et seq., upon initial enrollment of the dependent
[
children
] 
child
, and [
thereafter
] 
after initial enrollment
 on or before January 2 of each calendar
year. The parent shall notify the other parent, or the Office of Recovery Services under Title
IV of the Social Security Act, 42 U.S.C. [
Section
] 
Sec.
et seq., of any change of insurance
carrier, premium, or benefits within 30 calendar days of the date the parent first knew or should
have known of the change.
[
(8)
] 
(9)
 A parent who incurs medical expenses shall provide written verification of the
cost and payment of medical expenses to the other parent within 30 days of payment.
[
(9)
] 
(10)
 In addition to any other sanctions provided by the court, a parent incurring
medical expenses may be denied the right to receive credit for the expenses or to recover the
other parent's share of the expenses if that parent fails to comply with Subsections [
(7)
] 
(8)
 and
[
(8)
] 
(9)
.
Section 5. 
Effective date.
This bill takes effect on July 1, 2018.