State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-12 > 78b-12-10278B-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 ofHuman Services.
(3) "Administrative order" means an order that has been issued by the Office of RecoveryServices, the Department of Human Services, or an administrative agency of another state orother comparable jurisdiction with similar authority to that of the office.
(4) "Base child support award" means the award that may be ordered and is calculatedusing the guidelines before additions for medical expenses and work-related child care costs.
(5) "Base combined child support obligation table," "child support table," "base childsupport 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 andnecessary 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 thenormal 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 toprovide 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 foruninsured medical expenses, ordered by a tribunal for the support of a child, including currentperiodic payments, all arrearages which accrue under an order for current periodic payments, andsum 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 atribunal 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:
(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, UniformInterstate Family Support Act.
(10) "Child support services" or "IV-D child support services" means services providedpursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Section 651 et seq.
(11) "Court" means the district court or juvenile court.
(12) "Guidelines" means the directions for the calculation and application of childsupport in Part 2, Calculation and Adjustment.
(13) "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. "Income" includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through
sale or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policiesof any type;
(d) unemployment compensation benefits;
(e) workers' compensation benefits; and
(f) disability benefits.
(14) "Joint physical custody" means the child stays with each parent overnight for morethan 30% of the year, and both parents contribute to the expenses of the child in addition topaying child support.
(15) "Medical expenses" means health and dental expenses and related insurance costs.
(16) "Obligee" means an individual, this state, another state, or another comparablejurisdiction to whom child support is owed or who is entitled to reimbursement of child supportor public assistance.
(17) "Obligor" means any person owing a duty of support.
(18) "Office" means the Office of Recovery Services within the Department of HumanServices.
(19) "Parent" includes a natural parent, or an adoptive parent.
(20) "Split custody" means that each parent has physical custody of at least one of thechildren.
(21) "State" includes any state, territory, possession of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparabledomestic or foreign jurisdiction.
(22) "Temporary" means a period of time that is projected to be less than 12 months induration.
(23) "Third party" means an agency or a person other than the biological or adoptiveparent or a child who provides care, maintenance, and support to a child.
(24) "Tribunal" means the district court, the Department of Human Services, Office ofRecovery Services, or court or administrative agency of any state, territory, possession of theUnited States, the District of Columbia, the Commonwealth of Puerto Rico, Native AmericanTribe, or other comparable domestic or foreign jurisdiction.
(25) "Work-related child care costs" means reasonable child care costs for up to afull-time work week or training schedule as necessitated by the employment or training of aparent under Section 78B-12-215.
(26) "Worksheets" means the forms used to aid in calculating the base child supportaward.
Amended by Chapter 142, 2009 General Session
