81-6-211.5. Child support orders for an incarcerated obligor -- Suspension -- Exceptions.

285 words·~1 min read·/ut/title-81/chapter-6/81-6-211-5

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

Effective 5/7/2025

(1)The office may not treat incarceration of 90 or more consecutive days as voluntary unemployment in establishing or modifying a child support order.

(a)Except as provided in Subsection (2)(c) , for any period of 90 or more consecutive days of the obligor's incarceration, suspension of a money judgment or support order issued in this state for an obligor ordered to pay child support shall occur by operation of law.

(b)For a suspension under Subsection (2)(a) , the office shall:

(i)retroactively date the period of suspension to the date on which the office notified the required parties of the suspension, with the eligible period beginning on the first day of the first full month of the date that the office provided the parties with the notification;

(ii)issue a balance credit for any funds collected during the period of suspension, unless the funds have already been distributed, in which case, the funds may not be credited or otherwise recovered; and

(iii)resume the obligation described in Subsection (2)(a) on the first day of the first full month that occurs once 90 days have passed after the day on which the obligor is released from incarceration.

(c)The office may not suspend an obligation under Subsection (2)(a) if the obligor is incarcerated for:

(i)criminal non-payment of a child support order; or

(ii)an offense against the inmate's child or custodial parent of the inmate's child.

(3)The suspension described in Subsection (2)(a) is only applicable for an obligor whose term of incarceration begins on or after January 1, 2027.

Enacted by Chapter 86 , 2025 General Session