81-6-209. Requirements for a child support order regarding child care expenses -- Actual expenses.

971 words·~4 min read·/ut/title-81/chapter-6/81-6-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)Except as otherwise provided in this section, the court or administrative agency shall require in a child support order that:

(i)each parent share equally the reasonable work-related child care expenses of the parents; and

(ii)the obligor pay a minimal child care award to the obligee if the court or administrative agency is entering or modifying the child support order on or after January 1, 2027.

(b)The court or administrative agency may not order a minimal child care award under Subsection (1)(a)(ii) if the obligor's child support obligation is calculated using the low income table.

(a)The court or administrative agency shall presume under Subsection

(1)that work-related child care expenses should be included in a child support order if a parent, during extended parent-time, is working and actually incurring expenses for child care.

(b)The presumption under Subsection (2)(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 expenses, the obligor's child support obligation would exceed 50% of the obligor's adjusted gross income.

(a)The court or administrative agency may award child care expenses on a case-by-case basis if the child care expenses are related to the employment and occupational training of the custodial parent or the child care expenses 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 occupational training of the custodial parent.

(a)The court or administrative agency may impute a monthly obligation for child care expenses 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 expenses for the child.

(b)The court shall apply any monthly obligation imputed under Subsection (4)(a) towards any actual child care expenses incurred within the same month for the child.

(a)The court shall require each party to file a proposed minimal child care award before the court makes a determination under Subsection (1)(a)(ii) .

(b)To calculate a minimal child care award under Subsection (1)(a)(ii), the court or administrative agency shall:

(i)use the combined adjusted average monthly gross income of the parents as calculated for the base child support award under Section 81-6-204 ; and

(ii)locate the minimal child care award for each child in the minimal child care award table in Section 81-6-306 by finding:

(A)the combined adjusted average monthly gross income in the table;

(B)the age of the child in the table; and

(C)combining the amounts in the table for each child to determine the minimal child care award.

(c)The court or administrative agency shall presume that the amount calculated under Subsection (5)(b) for the minimal child care award is the amount that the obligor should pay under Subsection (1)(a)(ii) .

(d)The presumption described in Subsection (5)(c) is rebuttable upon:

(i)an agreement of the parties that is acceptable to the court or administrative agency;

(ii)the court or administrative agency determining that the evidence presented favors a different minimal child care award; or

(iii)a showing, by a preponderance of the evidence, that a different minimal child care award is in the best interest of the child.

(e)Notwithstanding Subsection (5)(b) or

(c), the court or administrative agency may set the minimal child care award under Subsection (1)(a)(ii) at zero dollars upon a showing, by a preponderance of the evidence, that child care expenses will not be incurred.

(f)If a child is in the custody of the state and placed in a facility that is managed by the state, the obligor does not owe the child's portion of the minimal child care award for any month that the child is in the facility.

(g)If a minimal child care award is calculated using the minimal child care award table in Section 81-6-306 , the minimal child care award in a child support order shall be automatically adjusted to the appropriate amount in the minimal child care award table as the child ages without the need of the court or administrative agency to modify the order.

(h)The minimal child care award for a child shall terminate at the earlier of:

(i)the child turning 13 years old; or

(ii)the child becoming emancipated as that term is defined in Section 81-6-213 .

(6)In the absence of a court order to the contrary, a parent who incurs a child care expense shall provide written verification of the expense 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.

(a)In the absence of a court order to the contrary, the parent shall notify the other parent of any change of a child care provider, any change in the monthly expense of child care, or the termination of child care within 30 calendar days after the day on which the change occurred.

(b)The notification requirement described in Subsection (7)(a) does not apply if there is a protective order or stalking injunction in effect that prohibits a parent from contacting the other parent.

(8)The court may deny a parent incurring work-related 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 this section.

Repealed and Re-enacted by Chapter 155 , 2026 General Session