Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

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 record
2/18/2025House Comm - Favorable Recommendation
House Judiciary Committee
8-0-3not eligible / no record
2/25/2025House/ passed 3rd reading
Senate Secretary
66-0-9ABSENT
2/28/2025Senate Comm - Favorable Recommendation
Senate Judiciary, Law Enforcement, and Criminal Justice Committee
6-0-3not eligible / no record
3/7/2025Senate/ passed 2nd & 3rd readings/ suspension
Senate President
25-0-4not eligible / no record

Bill 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