CS 104P Opening a Support Follows the Child Case,
Overview
01/24/01 Revised 09/03/24
Training Completed 09/17/24 Last Reviewed 02/04/25
Utah Code
81-6-101, 81-6-104, 81-6-204, 81-6-205, 81-6-208
CIC:
Refer to procedures found in CS 1104 CIC
Support Follows the Child for CIC Cases.
Statutory Authority
Utah Code 81-6-104 states:
“(4) An obligation ordered for child support and medical
expenses:
(a) are for the use and benefit of the child; and
(b)
shall follow the child in a case in which a parent, or another person, is
awarded sole physical custody of the child as described in Subsection 81-6-205(8).”
Utah Code 81-6-205 states:
“(8) (a) When physical custody of a child changes after the
original child support order,
the parent without physical custody of the child is required to
pay the amount of child support calculated under this section, without the need
to modify the order, to:
(i) the parent who has physical custody
of the child;
(ii) a relative to whom physical custody of the child has been voluntarily given; or
(iii) the state when the child is residing outside of the home in
the protective custody, temporary custody, or care of the state or a
state-licensed facility for at least 30 days.
(b) When physical custody of a child changes from the physical
custody that is assumed in the original child support order calculated under
this section, the modification of the child support order is not necessary even
if only one parent is specifically ordered to pay in the child support order.” (Emphasis
added.)
This statute facilitates the
collection of child support for parents who willingly agree to a change in
physical custody without the need to have their judicial order modified.
Only a court with jurisdiction or
the parent who has court ordered legal
custody of the child(ren) may decide if legal custody can or cannot
change. Even if physical custody of the
child(ren) changes and the former custodial parent starts paying child support,
legal custody does not change until the court orders a change in legal custody.
Apply this statute from the date physical
custody changed or May 1, 2000 (the date the statute went into effect),
whichever is later. For example, if
physical custody changed January 13, 2000, you would only apply this statute
from May 1, 2000.
Related Policy Sections
For more information and the
procedures to follow on existing
Child Support Services (CSS) cases when
physical custody of the
child(ren) changes, refer to:
1.
CS 818P
Support Follows the Child – Post Order, Legal Custody Determined; and,
2.
CS 819P
Support Follows the Child – Post Order, Legal Custody Has Not Been Determined.
For procedures for opening a
Support Follows the Child Case when physical custody switches from one
parent to the other, refer to the
following sections of Public Policy:
1.
CS 104P-1
Opening a IV-A Support Follows the Child Case;
2.
CS 104P-2
Opening a Support Follows the Child Case, Non-IV-A Application; and,
3.
CS 104P-3
Support Follows the Child Contesting Options.
For more specific procedures when
opening a support follows the child case for a specified relative,
refer to CS 356P-3 Specified
Relative Cases, Enforcing Existing Orders and Support Follows the Child.