§ 81-6-209.5 — Costs of child care -- Ongoing expense for child care -- Office of Recovery Services study item and report.

Utah § 81-6-209.5

• Jurisdiction: Utah
• Title 81: Utah Domestic Relations Code
• Ch. 81-6: Child Support
• Part 81-6-2: Calculation and Adjustment of Child Support

Text

(1) Beginning July 1, 2026:
(1)(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;
(1)(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;
(1)(c) (1)(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;
(1)(c)(ii) the court or administrative agency shall order that:
(1)(c)(ii)(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;
(1)(c)(ii)(B) the payment for an ongoing expense for child care commence on a specific date or circumstance; and
(1)(c)(ii)(C) if appropriate, the ongoing expense for child care payments cease on a specified date or circumstance; and
(1)(c)(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:
(1)(c)(iii)(A) an agreement of the parties that is acceptable to the court;
(1)(c)(iii)(B) the court's determination that the evidence presented favors a different amount or schedule; or
(1)(c)(iii)(C) a showing by a preponderance of the evidence that a different amount or schedule is in the best interest of the child;
(1)(d) unless otherwise provided by the court, the ongoing expense for child care shall terminate when the child turns 13 years old; and
(1)(e) when determining an amount that a parent may owe for an ongoing expense for child care, the court:
(1)(e)(i) shall give the obligor parent credit for any ongoing expense for child care payments made during the relevant time; and
(1)(e)(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:
(2)(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;
(2)(b) based upon the study results:
(2)(b)(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;
(2)(b)(ii) propose guidelines or practices to recommend how often periodic ongoing expense for child care payments should be made;
(2)(b)(iii) propose guidelines or practices to recommend when ongoing expense for child care payments should commence and when they should cease; and
(2)(b)(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
(2)(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.

Legislative History

Enacted by Chapter 479, 2025 General Session