CHILD SUPPORT GUIDELINES

CS 419 Child Support Worksheets

7/94 Revised 07/20/16 Training Completed 07/19/11

U.C.A. 78B-12-205, 78B-12-208, 78B-12-209 and 78B-12-210

 

 

Child support worksheets are forms that aid in calculating the child support award. Complete the appropriate worksheet to determine the amount of the child support award to request in the Notice of Agency Action in administrative cases. UCA 78B-12-205(8) states:

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

 

The agent or presiding officer may complete additional worksheets to determine the arrears for different years when the Office of Recovery Services/Child Support Services (ORS/CSS), one of the parties to the worksheet, or an attorney raises the issue of a significant change in income from year to year.  To be considered a significant change, the income must change by 30% or more.

 

 

Worksheets Overview

 

1.                   Sole Custody Worksheet - Use the Sole Custody Worksheet in cases in which there is no previous support order and all of the children are in the physical custody of one parent.  This worksheet is also used to determine the amount of the child support award to request in unestablished paternity cases.  Also use a Sole Custody Worksheet to adjust child support due to emancipation if there is only one remaining child on the case, unless the most recent worksheet was based on a Joint Custody Worksheet.  . 


NOTE 1:  If a party to the action indicates that s/he is seeking joint physical custody, inform that individual that it is up to him/her to pursue joint custody through the courts.  In the meantime, continue to pursue an order based on the Sole Custody Worksheet.  Do not use a Joint Custody Worksheet.  The order will be valid until such time it may be superseded by a judicial order. If you are proceeding to establish an order administratively and are notified of judicial pleadings in regard to a joint custody action, stop the administrative process and refer the case to the Attorney General’s Office to join in the action.

 

NOTE 2:  For children in care or custody of the state, complete the sole custody worksheet based on all of the natural and adopted children of the mother and father (guidelines unit).  If only some of the children are in the care or custody of the state, use the prorated support options and a prorated child support amount for only those children in state care/custody in the Notice of Agency Action (NAA) and subsequent order

 

2.                   Split Custody Worksheet - Use a Split Custody Worksheet in the situations listed below.

a.                   No existing support order/order establishment: 

i.                     IV-A/Medicaid case:  When there is no existing order, use this worksheet in a IV-A case when at least one of the childrennthet one child is in the  is in the physical custody of each parent.  If the parties contest the split custody arrangement, refer the case to the Attorney General’s Office (AGO) for judicial order establishment.

ii.                   Non-IV-A case: 

A.                  If the parties agree in writing (either a written statement or signed stipulation) regarding split custody, use the Split Custody Worksheet when establishing the order. 

B.                  If the parties do not agree on the terms of custody, advise the parties they will have to resolve the matter privately and provide an enforceable order.  Because CSS requires cooperation from the parties on the custody issue before an order can be established, you may pend this case for closure. 

 

NOTE:  If issuing an administrative Notice of Agency Action based on a Split Custody Worksheet, use a two-parent Notice of Agency Action and order.  Select the ongoing support paragraph based on split custody.  In the ongoing paragraph, include all of the children’s names, not just those living with one party or the other.

 

EXAMPLE:  Joe and Marion have three children.  Two of the children live with Marion and one child lives with Joe.  The split custody worksheet shows that Joe has a support obligation of $63.  The two-party NAA lists both Joe and Marion as the respondents, lists each party’s individual obligation ($184 for Joe, $121 for Marion), lists $63 as the net support obligation to be paid by Joe, and lists all three children’s names in the ongoing support paragraph, even though only two children live with Marion.      

 

b.                  Existing support order: 

i.                     Review and Adjustment: 

A.                  When there is an existing order awarding split custody and custody of the children has not changed, use the Split Custody Worksheet to calculate the new support amount.

B.                  If the parties agree in writing regarding the split custody, modification agents can use the Split Custody Worksheet during modification proceedings, even if split custody was not used in the existing order. 

C.                  On a IV-A case, when split-custody is supported by the DWS records, modification agents will make a determination consistent with CS 450P General Information, Forms, Criteria, and Federal Timeframes as to the temporary or long-term nature of the custody arrangement, and pursue a modification accordingly.

ii.                   Emancipation:  Use the Split Custody Worksheet when adjusting child support due to emancipation when the original order was based on a Split Custody Worksheet and at least one child remains with each parent.  If there is only one child remaining on the case, use the Sole Custody Worksheet to adjust the support for emancipation. 

 

3.                   Joint Custody Worksheet – Use a joint custody worksheet in the following situations:

a.                   Review and Adjustment:

i.                     When there is an existing order awarding joint custody and custody of the children has not changed, use the Joint Custody Worksheet to calculate the new support amount.

ii.                   If the parties agree in writing regarding the joint custody, modification agents can use the Joint Custody Worksheet during modification proceedings, even if joint custody was not used in the existing order.

iii.                  On a IV-A case, when joint-custody is supported by the DWS records, modification agents will make a determination consistent with CS 450P General Information, Forms, Criteria, and Federal Timeframes as to the temporary or long-term nature of the custody arrangement, and pursue a modification accordingly.

b.                  Emancipation:  Use the Joint Custody Worksheet when adjusting child support due to emancipation when the original order was based on a Joint Custody Worksheet.

 

4.                   Mother's or Father's Present Family Worksheet - Use the optional Mother's and/or Father's Present Family Worksheet to determine the amount to enter on the Sole, Split, or Joint worksheets for credit for a child in the parents' present family.  Use one of these worksheets if the mother or the father has a natural or adoptive child in their home that is not a subject of the current proceeding.  Do not include step-children on the mother's or father's present family worksheets.  All worksheets, including the optional present family worksheet, are submitted to the court and will become public record.  A party that does not want the information on the present family worksheet to become public record cannot request the present family credit.  As a result no present family worksheet will be submitted to court and no credit can be given. 

 

NOTE:  CSS workers should not include an insurance or daycare credit on the Mother’s and/or Father’s Present Family Worksheet.  Although the worksheets do allow an amount to be entered in the “CHILDREN’S PORTION OF INS PREM” and “CHILD CARE EXPENSES” fields, these fields are no longer supported by statute.

 

5.                   Insurance Premium and Child Care Worksheet - The optional Insurance Premium and Child Care Worksheet can be used by private parties to determine the amount to adjust the base award for the medical insurance premium and child care.  The parties may either make payments to deal with premium and child care adjustments separately from the base child support amount or they may use this worksheet to include such adjustments in the monthly child support payment. 

 

NOTE:  CSS workers should not use the Insurance Premium and Child Care Worksheet to determine current support or calculate adjustments to current support.  CSS does not routinely adjudicate the amount of the insurance premium credit in support orders because premiums and coverage change frequently.  Instead, this credit is calculated based on current amounts and given using the instructions in CS 407p Health Insurance, Medical Expenses and Insurance Credit.

In a review and adjustment (modification) proceeding, use the worksheet the most recent order was based upon.  Except as directed above, if physical custody has changed since the original order but the legal custody has not changed, refer to CS 450p Review and Adjustment of Child Support Awards. 

 

 

Guidelines Worksheets on Internet

 

As a public service, the Office of Recovery Services website contains a link to guidelines worksheets and a child support calculator.  The website contains the following disclaimer:  “The following worksheets are intended only as a guideline for estimating child support.  Final determination of the support award may only be made through Judicial or Administrative findings.” 

 

These web-based worksheets are intended for use by the public only.  They do not replace the guidelines worksheets generated by workers through document generation.

 

The child support calculator and worksheets can be accessed from the ORS website at www.ors.utah.gov.  From the ORS home page, there are two different ways to get to the child support calculator:

 

1.                   Click on the navigation button on the left side of the home page titled “Child Support Calculator.”

 

2.                   Click on the “A to Z Index” located at the bottom of the ORS home page.  From there, a link to the child support calculator can be selected under the letter “C.”

 

Once the user answers a few questions concerning income, the number of children, previous support obligations, joint or split custody arrangements, etc., the website will complete the calculations and prepare the appropriate worksheet(s) for viewing and printing in Adobe Acrobat.  After printing, the court and county information in the header, questions 8-10 as applicable, and the attorney bar number must be completed manually.