CHILD SUPPORT GUIDELINES

CS 405 Either Parent Low Income

New 07/94 Revised 08/13/08 Training Completed 07/16/07

UCA 78B-12-205

 

Statutory Authority

 

Utah Code Annotated (UCA) 78B-12-205.   Calculation of obligations.
     “(1) Each parent's child support obligation shall be established in proportion to their adjusted gross incomes, unless the low income table is applicable. Except during periods of court-ordered parent-time as set forth in Section 78B-12-216, the parents are obligated to pay their proportionate shares of the base combined child support obligation. If physical custody of the child changes from that assumed in the original order, modification of the order is not necessary, even if only one parent is specifically ordered to pay in the order.
     (2) Except in cases of joint physical custody and split custody as defined in Section 78B-12-102 and in cases where the obligor's adjusted gross income is $1,050 or less monthly, the base child support award shall be determined as follows:
     (a) combine the adjusted gross incomes of the parents and determine the base combined child support obligation using the base combined child support obligation table; and
     (b) calculate each parent's proportionate share of the base combined child support obligation by multiplying the combined child support obligation by each parent's percentage of combined adjusted gross income.
     (3) In the case of an incapacitated adult child, any amount that the incapacitated adult child can contribute to the incapacitated adult child’s support may be considered in the determination of child support and may be used to justify a reduction in the amount of support ordered, except that in the case of orders involving multiple children, the reduction shall not be greater than the effect of reducing the total number of children by one in the child support table calculation.
     (4) In cases where the monthly adjusted gross income of either parent is between $650 and $1,050, the base child support award shall be the lesser of the amount calculated in accordance with Subsection (2) and the amount calculated using the low income table. If the income and number of children is found in an area of the low income table in which no amount is shown, the base combined child support obligation table is to be used.
     (5) The base combined child support obligation table provides combined child support obligations for up to six children. For more than six children, additional amounts may be added to the base child support obligation shown. Unless rebutted by Subsection 78B-12-210(3), the amount ordered shall not be less than the amount which would be ordered for up to six children.
     (6) If the monthly adjusted gross income of either parent is $649 or less, the tribunal shall determine the amount of the child support obligation on a case-by-case basis, but the base child support award may not be less than $30.
     (7) The amount shown on the table is the support amount for the total number of children, not an amount per child.

      (8) For all worksheets, income and support award figures shall be rounded to the nearest dollar.”

Procedures

 

Calculate the award for either parent with low income as listed below.

 

1.                  Income Between $650 and $1,050 - Calculate the award using the Low Income Table and the Base Combined Child Support Obligation Table.  The award shall be the lesser of the two amounts.

 

2.                  Income $649 or Less – either parent’s monthly adjusted gross income is $649 or less, determine the child support award on a case-by-case basis, but in no case can the base child support award be less than $30.