CASE
MANAGEMENT
CS 065P Child Care
Collection Services, Non-IV-A Cases
11/87 Revised 07/01/25 Training Completed 07/15/25 Last Reviewed 01/05/26
Statutory Authority
Utah Code 81-6-209 states:
“(1) The
court or administrative agency shall require in a child support order that each
parent share equally the reasonable work-related child care expenses of the
parents.
(2) (a) If
an actual expense for child care is incurred, a parent shall begin paying
the
parent's share on a monthly basis immediately upon presentation of proof of the
child care expense.
(b) If the
child care expense ceases to be incurred, the parent may suspend making monthly
payment of that expense, while the expense is not being incurred, without
obtaining a modification of the child support order.
(c) (i) In the absence of a court order to the contrary, a
parent who incurs child care expense shall provide written verification of the
cost 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.
(ii) In
the absence of a court order to the contrary, the parent shall notify the other
parent of
any change of child care provider or the monthly expense of child care within
30 calendar days after the day on which the change occurred.
(3) The
court may deny a parent incurring 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 Subsection (2)(c).
(4) (a)
The court or administrative agency shall presume that child care costs should
be
included
in a child support order if a parent, during extended parent-time, is working
and actually incurring the child care costs.
(b) The
presumption under Subsection (4)(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 costs, the obligor's child support obligation would
exceed
50% of the
obligor's adjusted gross income.
(5) (a)
The court or administrative agency may award child care costs on a case-by-case
basis if
the child care costs are related to the career and occupational training of the
custodial parent or the child care costs 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 training of the custodial parent.
(6) (a)
The court or administrative agency may impute a monthly obligation for child
care costs
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 costs for the child.
(b) The court shall apply any monthly obligation imputed under
Subsection (6)(a) towards any actual child care costs incurred within the same
month for the child.
(7) Beginning July 1, 2026, collection of child care costs shall
be subject to the requirements of Section 81-6-209.5.”
Child Care Collection Criteria
The Office of Recovery Services/Child Support Services (ORS/CSS) will collect child care expenses in accordance with R527-34 when the following criteria are met:
1. A request to collect child care is received from either the noncustodial parent (NCP) or custodial parent (CP);
2. There is a specific monthly dollar amount in the order for child care along with a current child support obligation; and,
3. Neither parent is disputing the monthly child care amount.
If the order specifies a monthly child care amount, CSS can collect that amount back to the date of the most recent application for services that opened the case or the effective date of the order if it is after the date of application. CSS will collect the amount specified in the order for monthly child care prospectively from the date the request is made, i.e. date of application or at a later date CSS will continue to collect the monthly child care amount until the case is closed or the child care debt is no longer valid (e.g., the child has started school and no longer requires day care), in accordance with Utah Code 81-6-209, which states:
“(2) (a) If
an actual expense for child care is incurred, a parent shall begin paying
the
parent's share on a monthly basis immediately upon presentation of proof of the
child care expense.
(b) If the child care expense ceases to be incurred, the parent may suspend making monthly payment of that expense, while the expense is not being incurred, without obtaining a modification of the child support order.” (Emphasis added.)
If at any time either party disputes the amount due, stop collecting the child care obligation until the dispute is resolved by the parties. CSS does not resolve child care obligation disputes.
NOTE: CSS does not collect child care debts owed to the state. Do not add a state paid day care debt to a case. If a state paid day care debt exists on a case, remove this debt.
Child Care Arrears
Any child care arrears that are not specified as a dollar amount in an order that the parties consider unpaid must be adjudicated in court and reduced to a sum certain judgment before CSS will initiate collection. The parties are responsible to initiate this action themselves using private legal counsel.
Utah Code 81-6-209 requires the parties to share in child care expenses contingent upon the expenses actually being incurred each month. If the expenses are not incurred, there is no obligation to share. This contingency factor places enforcement of child care expense obligations outside the normal state IV-D child support services program, unless the amount is first reduced to an enforceable sum certain judgment or the order has an established specific monthly amount ordered by the court (e.g., the NCP is responsible to pay $200.00 per month for day care costs).