Bill
Child Support Modifications
- Number
- H.B. 463 (2025GS)
- Sponsor
- Rep. Ward, Raymond P.
- Final action
- Governor Signed 3/27/2025
- Outcome
- Became law — signed by Gov. Spencer J. Cox
Summary
This bill modifies provisions related to child support and family law.
What it does
- This bill:
- creates a rebuttable presumption that an order terminating parental rights shall state the amount of any child support arrears and permit collection of arrears;
- requires that a divorce decree provide information about the Office of Recovery Services (office);
- beginning July 1, 2026, creates a rebuttable presumption that a child support order shall include a provision requiring an obligor parent to pay a recurring amount as an ongoing expense for child care;
- requires the office to study and prepare a proposed method for calculating the amount of an ongoing expense for child care and report the office's findings to the Health and Human Services Interim Committee;
- requires the office to propose to the Health and Human Services Interim Committee procedural and statutory considerations that are necessary to move from a receipt-based child care payment model to a model where all new or modified child support orders would instead require an ongoing expense for child care as the primary means for sharing child care costs; and
- gives reporting requirements to the office.
Every vote on this bill
2/18/2025House Comm - Substitute Recommendation
House Judiciary Committee
8-0-3not eligible / no record2/18/2025House Comm - Favorable Recommendation
House Judiciary Committee
8-0-3not eligible / no record2/25/2025House/ passed 3rd reading
Senate Secretary
66-0-9ABSENT2/28/2025Senate Comm - Favorable Recommendation
Senate Judiciary, Law Enforcement, and Criminal Justice Committee
6-0-3not eligible / no record3/7/2025Senate/ passed 2nd & 3rd readings/ suspension
Senate President
25-0-4not eligible / no recordBill text
enrolled version · official source
53 26B-9-201 26B-9-206 80-4-105 81-4-406 81-6-101 81-6-209 81-6-209.5 0 Child Support Modifications 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Raymond P. Ward Senate Sponsor: Todd Weiler LONG TITLE General Description: This bill modifies provisions related to child support and family law. Highlighted Provisions: This bill: creates a rebuttable presumption that an order terminating parental rights shall state the amount of any child support arrears and permit collection of arrears; requires that a divorce decree provide information about the Office of Recovery Services (office); beginning July 1, 2026, creates a rebuttable presumption that a child support order shall include a provision requiring an obligor parent to pay a recurring amount as an ongoing expense for child care; requires the office to study and prepare a proposed method for calculating the amount of an ongoing expense for child care and report the office's findings to the Health and Human Services Interim Committee; requires the office to propose to the Health and Human Services Interim Committee procedural and statutory considerations that are necessary to move from a receipt-based child care payment model to a model where all new or modified child support orders would instead require an ongoing expense for child care as the primary means for sharing child care costs; and gives reporting requirements to the office. Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS: 26B-9-201 , as last amended by Laws of Utah 2024, Chapter 366 26B-9-206 , as renumbered and amended by Laws of Utah 2023, Chapter 305 80-4-105 , as last amended by Laws of Utah 2022, Chapter 334 81-4-406 , as enacted by Laws of Utah 2024, Chapter 366 81-6-101 , as renumbered and amended by Laws of Utah 2024, Chapter 366 81-6-209 , as renumbered and amended by Laws of Utah 2024, Chapter 366 ENACTS: 81-6-209.5 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah: Section 1, Section 26B-9-201 is amended to read: 26B-9-201 . Definitions. As used in this part: (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) "Administrative order" means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. (3) "Arrears" means support debt. (4) "Assistance" means public assistance as defined in Section 26B-9-101 . (5) "Cash medical support" means an obligation to equally share all reasonable and necessary medical and dental expenses of children. (6) "Child" means the same as that term is defined in Section 81-6-101 . (7) "Child support" means the same as that term is defined in Section 26B-9-101 . (8) "Child support guidelines" means the same as that term is defined in Section 81-6-101 . (9) "Child support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a tribunal for child support and related costs and fees, interest and penalties, income withholding, attorney fees, and other relief. (10) "Child support services" means the same as that term is defined in Section 26B-9-101 . (11) "Court order" means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. (12) "Director" means the director of the Office of Recovery Services. (13) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction of all amounts required by law to be withheld. (14) "High-volume automated administrative enforcement" in interstate cases means, on the request of another state, the identification by the office, through automatic data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in the requesting state, and the seizure of the assets by the office, through levy or other appropriate processes. (15) "Income" means the same as that term is defined in Section 26B-9-101 . (16) "IV-D services" means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651, et seq. (17) "Notice of agency action" means the notice required to commence an adjudicative proceeding in accordance with Section 63G-4-201 . (18) "Obligee" means an individual, this state, another state, or other comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child support or public assistance. (19) "Obligor" means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. (20) "Office" means the Office of Recovery Services. (21) "Ongoing expense for child care" means the same as that term is defined in Section 81-6-101 . (21) (22) "Parent" means the same as that term is defined in Section 81-1-101 . (22) (23) "Past-due support" means support debt. (23) (24) "Person" includes an individual, firm, corporation, association, political subdivision, department, or office. (24) (25) "Public assistance" means the same as that term is defined in Section 26B-9-101 . (25) (26) "Presiding officer" means a presiding officer described in Section 63G-4-103 . (26) (27) "Support" includes past-due, present, and future obligations established by: (a) a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a child; and (b) a tribunal for the financial support of a spouse or former spouse with whom the obligor's child resides if the obligor also owes a child support obligation that is being enforced by the state. (27) (28) "Support debt" means the debt created by nonpayment of support. (28) (29) "Support order" means a child support order. (29) (30) "Tribunal" means the district court, the department, the Office of Recovery Services, or court or administrative agency of any 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. Section 2, Section 26B-9-206 is amended to read: 26B-9-206 . Issuance or modification of administrative order -- Compliance with court order -- Authority of office -- Stipulated agreements -- Notification requirements. (1) Through an adjudicative proceeding the office may issue or modify an administrative order that: (a) determines paternity; (b) determines whether an obligor owes support; (c) determines temporary orders of child support upon clear and convincing evidence of paternity in the form of genetic test results or other evidence; (d) requires an obligor to pay a specific or determinable amount of present and future support; (e) determines the amount of past-due support; (f) orders an obligor who owes past-due support and is obligated to support a child receiving public assistance to participate in appropriate work activities if the obligor is unemployed and is not otherwise incapacitated; (g) requires an obligor to pay an ongoing expense for child care in accordance with Section 81-6-209.5 ; (g) (h) imposes a penalty authorized under this chapter; (h) (i) determines an issue that may be specifically contested under this chapter by a party who timely files a written request for an adjudicative proceeding with the office; and (i) (j) renews an administrative judgment. (2) (a) An abstract of a final administrative order issued under this section or a notice of judgment-lien under Section 26B-9-214 may be filed with the clerk of any district court. (b) Upon a filing under Subsection (2)(a) , the clerk of the court shall: (i) docket the abstract or notice in the judgment docket of the court and note the time of receipt on the abstract or notice and in the judgment docket; and (ii) at the request of the office, place a copy of the abstract or notice in the file of a child support action involving the same parties. (3) If a judicial order has been issued, the office may not issue an order under Subsection (1) that is not based on the judicial order, except: (a) the office may establish a new obligation in those cases in which the juvenile court has ordered the parties to meet with the office to determine the support pursuant to Section 78A-6-356 ; or (b) the office may issue an order of current support in accordance with the child support guidelines if the conditions of Subsection 78B-14-207(2)(c) are met. (4) The office may proceed under this section in the name of this state, another state under Section 26B-9-209 , any department of this state, the office, or the obligee. (5) The office may accept voluntary acknowledgment of a support obligation and enter into stipulated agreements providing for the issuance of an administrative order under this part. (6) The office may act in the name of the obligee in endorsing and cashing any drafts, checks, money orders, or other negotiable instruments received by the office for support. (7) The obligor shall, after a notice of agency action has been served on the obligor in accordance with Section 63G-4-201 , keep the office informed of: (a) the obligor's current address; (b) the name and address of current payors of income; (c) availability of or access to health insurance coverage; and (d) applicable health insurance policy information. Section 3, Section 80-4-105 is amended to read: 80-4-105 . Effect of decree. (1) An order for the termination of parental rights divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. (2) (a) An order or decree entered under this chapter may not disentitle a child to any benefit due to the child from any third person, including any Indian tribe, agency, state, or the United States. (b) (i) An order or decree entered under this chapter shall explicitly address whether any arrears in child support in relation to the child exist and, subject to Subsection (2)(b)(ii) , shall: (A) order that the child support arrears be preserved and be subject to collection, including through the Office of Recovery Services; and (B) state the amount of child support arrears owing as of the time of entry of the order or decree. (ii) The order required by Subsection (2)(b) (i) is a presumption that is rebuttable only upon a showing by a preponderance of the evidence that the best interest of the child mitigates all or part of any child support arrears owing. (3) Except as provided in Sections 80-4-401 and 80-4-402 , after the termination of a parent's parental rights, the former parent: (a) is not entitled to any notice of proceedings for the adoption of the child; and (b) does not have any right to object to the adoption or to participate in any other placement proceedings. (4) An order terminating the rights of a parent, guardian, or custodian does not expire with termination of the jurisdiction of the juvenile court. Section 4, Section 81-4-406 is amended to read: 81-4-406 . Decree of divorce -- When decree becomes absolute -- Remarriage -- Jurisdiction to modify a decree for a child born after the decree. (1) (a) The court shall enter a decree of divorce upon the evidence or the petitioner's affidavit in the case of default as described in Subsection (1)(b). (b) A court may not grant a divorce upon default, unless there is evidence to support a decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules of Civil Procedure. (2) Unless the requirement is waived by the court under Subsection 81-4-402 (5), a court may not grant a decree of divorce for parties with a minor child until: (a) both parties have attended the mandatory courses described in Sections 81-4-105 and 81-4-106 ; and (b) both parties have presented a certificate of course completion for each course to the court. (3) In a decree of divorce, the court shall: (a) specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section 15-4-6.5 ; (b) require the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section 15-4-6.5 ; (c) provide for the enforcement of the orders described in Subsections (1)(a) and (b); (d) if a party owns a life insurance policy or an annuity contract, include an acknowledgment by the court that the party: (i) has reviewed and updated, where appropriate, the list of beneficiaries; (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries after the divorce becomes final; and (iii) understands that, if no changes are made to the policy or contract, the beneficiaries currently listed will receive any funds paid by the insurance company under the terms of the policy or contract; and (e) if the parties have a child as defined in Section 81-6-101 , include : (i) an order for child support and medical expenses as described in Chapter 6, Child Support . ; (ii) a provision in the child support order that requires payment of an ongoing expense for child care subject to the procedures and requirements of Section 81-6-209.5 ; and (iii) a statement providing notice that the Office of Recovery Services provides services to individuals who are seeking assistance in the collection or enforcement of child support orders. (4) The court may include in the divorce decree any equitable orders relating to: (a) the parties, including any alimony to be awarded to a party in accordance with Part 5, Spousal Support; (b) a child of the parties; and (c) any property, debts, or obligations. (5) A decree of divorce becomes absolute: (a) on the date it is signed by the court and entered by the clerk in the register of actions; (b) at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are pending; (c) if an appeal is taken, when the decree is affirmed; or (d) when the court, before the decree becomes absolute, for sufficient cause otherwise orders. (6) The court, upon application or on the court's own motion for good cause shown, may waive, alter, or extend a designated period of time before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree. (7) A party to a divorce proceeding may not marry another individual other than the other party for whom the divorce was granted until the party's divorce becomes absolute. (8) The court has jurisdiction to modify a decree of divorce to address child support, parent-time, and other matters related to a minor child born to the parties after the decree of divorce is entered. Section 5, Section 81-6-101 is amended to read: 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) "Ongoing expense for child care" means a periodic payment that an administrative agency or court orders an obligor parent to pay to assist with the child care expenses of the obligor parent's child. (23) (24) "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) (24)(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) (25) "Split custody" means that each parent has physical custody of at least one of the children. (25) (26) "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) (27) "Support" means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child. (27) (28) "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) (29) "Temporary" means a period of time that is projected to be less than 12 months in duration. (29) (30) "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) (31) "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) (32) "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) (33) "Worksheet" means a form used to aid in calculating the base child support award. Section 6, Section 81-6-209 is amended to read: 81-6-209 . Requirements for a child support order regarding child care costs and expenses -- Actual expenses for child care. (1) The court or administrative agency shall require in a child support order that each parent share equally the reasonable work-related child care expenses of the parents. (2) (a) If an actual expense for child care is incurred, a parent shall begin paying the parent's share on a monthly basis immediately upon presentation of proof of the child care expense. (b) If the child care expense ceases to be incurred, the parent may suspend making monthly payment of that expense, while the expense is not being incurred, without obtaining a modification of the child support order. (c) (i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent. (ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days after the day on which the change occurred. (3) The court may deny a parent incurring child care expenses the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(c). (4) (a) The court or administrative agency shall presume that child care costs should be included in a child support order if a parent, during extended parent-time, is working and actually incurring the child care costs. (b) The presumption under Subsection (4)(a) is rebutted if: (i) the obligor's base child support award, in combination with the award of medical expenses, exceeds 50% of the obligor's adjusted gross income; or (ii) by adding the child care costs, the obligor's child support obligation would exceed 50% of the obligor's adjusted gross income. (5) (a) The court or administrative agency may award child care costs on a case-by-case basis if the child care costs are related to the career and occupational training of the custodial parent or the child care costs would be in the interest of justice. (b) The court or administrative agency may assign financial responsibility in a child support order for all or a portion of child care expenses incurred on behalf of a child due to the employment or training of the custodial parent. (6) (a) The court or administrative agency may impute a monthly obligation for child care costs when the court imputes income to a parent who is providing child care for the child so that the parties are not incurring child care costs for the child. (b) The court shall apply any monthly obligation imputed under Subsection (6)(a) towards any actual child care costs incurred within the same month for the child. (7) Beginning July 1, 2026, collection of child care costs shall be subject to the requirements of Section 81-6-209.5 . Section 7, Section 81-6-209.5 is enacted to read: 81-6-209.5 . Costs of child care -- Ongoing expense for child care -- Office of Recovery Services study item and report. (1) Beginning July 1, 2026: (a) a court or administrative agency shall include in a child support order a provision requiring the obligor parent to pay a reasonable ongoing expense for child care to assist with the child care expenses for the obligor parent's child; (b) if a previous child support order does not exist, a substantial change in circumstances has occurred, or a petition to modify a child support order as described in Section 81-6-212 is filed, the court determining the amount of the ongoing expense for child care shall require each party to file a proposed award of an ongoing expense for child care before the court enters or modifies a child support order; (c) (i) a court or administrative agency shall use guidelines or cost tables prepared by the Office of Recovery Services as a rebuttable presumption in establishing or modifying the amount of the ongoing expense for child care; (ii) the court or administrative agency shall order that: (A) the amount set for the ongoing expense for child care be payable periodically, either monthly, or on a schedule determined by the court or administrative agency; (B) the payment for an ongoing expense for child care commence on a specific date or circumstance; and (C) if appropriate, the ongoing expense for child care payments cease on a specified date or circumstance; and (iii) the amount of an ongoing expense for child care, the frequency of ongoing expense for child care payments, and the commencement and termination of ongoing expense for child care payments as determined under Subsections (1)(c)(i) and (1)(c)(ii) are rebuttable upon: (A) an agreement of the parties that is acceptable to the court; (B) the court's determination that the evidence presented favors a different amount or schedule; or (C) a showing by a preponderance of the evidence that a different amount or schedule is in the best interest of the child; (d) unless otherwise provided by the court, the ongoing expense for child care shall terminate when the child turns 13 years old; and (e) when determining an amount that a parent may owe for an ongoing expense for child care, the court: (i) shall give the obligor parent credit for any ongoing expense for child care payments made during the relevant time; and (ii) may set the amount at zero upon a showing by a preponderance of the evidence that child care expenses will not be incurred. (2) The Office of Recovery Services shall: (a) study the costs, parental income considerations, and practical and procedural issues related to establishing a requirement to provide an ongoing expense for child care for a child who is subject to a child support order; (b) based upon the study results: (i) prepare guidelines or a cost table to be used for the calculation of the presumed amount of an ongoing expense for child care in compliance with the requirements of this section; (ii) propose guidelines or practices to recommend how often periodic ongoing expense for child care payments should be made; (iii) propose guidelines or practices to recommend when ongoing expense for child care payments should commence and when they should cease; and (iv) propose all statutory and procedural changes that are required to change the presumption from collecting child care costs through receipt-based reimbursement as provided under Section 81-6-209 , to a new presumption that all new and modified child support orders shall contain a provision requiring child care costs to be paid by means of an ongoing expense for child care; and (c) report on the study items described in Subsections (2)(a) and (b) to the Health and Human Services Interim Committee on or before the October 2025 interim meeting. Section 8. Effective Date. This bill takes effect on May 7, 2025 . 3-12-25 4:05 PM