CHILD SUPPORT GUIDELINES
CS 417P Emancipation
10/89
Revised 01/29/25 Training Completed 02/11/25 Last Reviewed 06/04/25
Utah
Code 15-2-1, 26B-9-201,
301,
78A-6-356,
81-6-101,
202,
213
and 302
through 305; R527-250
Overview
The Office
of Recovery Services/Child Support Services (ORS) will only establish paternity
or a child support order, or enforce a current child support order for an
unemancipated child. For more information on emancipation by operation of law,
refer to subsection Emancipation by Operation of Law Criteria, below.
A child may
also become emancipated by their own actions, known as “factual”
emancipation. Factual emancipation may
become a factor only in cases that do NOT have a judicial support order already
established. If “factual emancipation”
is raised by the obligated parent(s) as a reason not to establish a child
support order, inform the parents that the courts must issue a judicial order
declaring a minor child factually emancipated.
In the absence of such an order, proceed with normal order establishment
procedures.
NOTE:
Children in Care (CIC) Cases: Factual
emancipation is not applicable for Juvenile Justice and Youth Services (JJYS),
Foster Care, and other CIC child support programs. Factual emancipation is inconsistent with the
child’s inability to provide for themselves and their need for a state agency
to give care to the child. Factual
emancipation is not applicable when the legal custody of a minor is vested by
the court in a secure youth corrections facility or any other state agency other
than the child’s parents. Pursuant to Utah Code 78A-6-356, the court may
require the parents to pay support and may refer the determination of the
amount to the Office of Recovery Services.
Factual emancipation is precluded by this statute.
In addition,
ORS services do not extend to a child who is not considered legally
emancipated, but has been tried as an adult and convicted of a crime. If a court has certified an unemancipated
minor child to stand trial as an adult, and that individual is sentenced to
time in an adult prison (not a Youth Corrections facility) for the duration of
their minority, ORS will not establish paternity and/or a support order, or
enforce a support order for that individual.
If there is already a court order for support, ORS recognizes that there
may still be an obligation until the child emancipates by law; however, ORS
will not pursue the obligation of a child who is tried as an adult and
incarcerated. This rarely occurs in
child support cases. If the child had
been tried as a juvenile they are is in the custody of Youth Corrections and
sentenced to serve time in a youth lock-up facility, such as Decker Lake. Youth Correction cases are referred to the
ORS CIC team and the parent(s) are responsible to pay child support to help
offset state costs.
Forms Overview
1.
Child Emancipated – Support Award Adjusted. Send this letter to the custodial parent (CP),
noncustodial parent (NCP), or the other state to notify them of any
changes/adjustments to the base child support award for the child(ren)’s
portion of the insurance premium.
2.
Emancipation High School Verification Letter. Send this letter to the custodial parent for
information regarding a child’s expected high school graduation date.
Emancipation by Operation of Law Criteria
In accordance
with Utah law a child may become emancipated by operation of law. “Child” is defined in statute as follows:
In Utah Code
81-6-101, “Child” is defined as:
“(7)
"Child" means:
(a) a son or
daughter who is under 18 years old and who is not otherwise emancipated,
self-supporting, married, or a member of the armed forces of the United States;
(b) a son or
daughter who is 18 years old or older while enrolled in high school during the
normal and expected year of graduation and not otherwise emancipated,
self-supporting, married, or a member of the armed forces of the United States;
or
(c) a son or
daughter of any age who is incapacitated from earning a living and, if able to
provide some financial resources to the family, is not able to support self by
own means.”
Additionally,
Utah law provides for a period of minority for a child, as follows:
Utah Code 15-2-1
states:
“The period of minority extends in males and females to the age of eighteen
years; but all minors obtain their majority by marriage. It is further provided
that courts in divorce actions may order support to age 21.”
When a child legally emancipates the child
support is automatically adjusted to reflect the table amount for the remaining
child(ren).
Utah
Code 81-6-213 provides:
“(1) Except as otherwise
provided in the child support order, the base child support award is
automatically adjusted to the base child support award for the remaining number
of children due child support, without the need to modify the most recent child
support order by a court, when a child:
(a) becomes 18 years old or graduates from high school during the
child's normal and expected year of graduation, whichever occurs later;
(b) dies, marries, becomes a member of the armed forces of the
United States; or
(c) is emancipated in accordance with Title 80, Chapter 7,
Emancipation.
(2) The base child support award is adjusted as described in
Subsection (1) by using the child support table that was used to establish the
most recent child support order and by using the income of the parties as
specified in the most recent child support order or the worksheets.
(3) The base child support award may not be reduced by a per child
amount derived from the base child support award originally ordered.
(4) If the incomes of the parties are not specified in the most
recent child support order or the worksheets, the information regarding the
incomes is not consistent, or the order deviates from the child support
guidelines, the base child support award is not automatically adjusted under
Subsection (1) and the child support order will continue until modified by the
issuing tribunal.
(5) If the child support order is deviated and the parties
subsequently obtain a court order that adjusts the amount of child support back
to the date of the emancipation of the child, the office may not be required to
repay any difference in the child support collected during the interim.”
ORS applies
an automatic adjustment when/if a child dies before legal emancipation. When a child dies the legal duty of support
for that child terminates, as a deceased child no longer meets the definition
of “child” found in Utah Code 26B-9-201
and 81-6-101(7). For
more information on the definition of “child,” refer to the citations listed
above.
If the order
was entered before July 1, 1994 (the date the law was changed to include the
graduation language), the child emancipates at age 18, unless stated otherwise
in the order. If the original order was entered before July 1, 1994 and
modified after July 1, 1994, and emancipation language is not addressed in the
modified order, refer to the original order to determine what is stated. If
emancipation language is contained in the modified order, it controls
emancipation.
NOTE 1: When/if a child emancipates, it may be
appropriate to review the case and determine if a change to the insurance
credit is appropriate. For
procedures and more information on insurance credit changes, refer to
subsection Exceptions to Emancipation Criteria below and CS 407P Health Insurance,
Medical Expenses and Insurance Credit.
NOTE 2: A child’s emancipation date may differ from the standard age of
majority date. A child reaches the age of majority at the age of 18. For more
information on a child’s age of majority and the duration of child support
judgments, refer to CS 812P Duration of Child Support Judgments.
Normal and
Expected Year of Graduation
Pursuant to Utah Administrative Rules R527-250-2, Normal and
Expected Year of Graduation, the normal and expected rules for graduation for a
minor child are as follows:
“For a
child attending school in Utah, the normal and expected year of graduation is
based on kindergarten plus 12 years of school, unless one of the following
exceptions exists:
(1) If a deviation to the kindergarten plus 12
years standard is known at the time of entry of the child support order, the
expected year of graduation is altered accordingly;
(2) If a child has been held back a grade or
experienced another delay in education before the child support order is
entered, the expected year of graduation will be changed to extend the support
obligation based on the known facts about the delay in education;
(3) If the child has been advanced a grade or
experienced another acceleration in education before the child support order is
entered, the expected year of graduation will be changed to potentially shorten
the support obligation based on the facts about the acceleration in education;
or
(4) If a deviation to the kindergarten plus 12
years standard is not known until after the entry of the child support order,
the expected year of graduation is not altered based on the new facts unless
the child receives an early high school diploma, a high school equivalency
diploma, or documentation is provided of early completion of high school course
requirements.”
R527-250-3. Presumed Month of Graduation:
“ORS
will presume that the normal and expected month of graduation is May of the expected graduation year,
unless the parents provide documentation of a specific graduation date for
their child.” (Emphasis added)
EXAMPLE 1: A child is not mature enough to start school in
2000-2001. Instead the child starts
kindergarten in the school year 2001-2002.
The normal and expected year of graduation is kindergarten plus 12
years. Accordingly, the normal and
expected year of graduation would be in 2014, with the 2013-2014 graduating
class.
EXAMPLE 2: A child starts kindergarten in 2000-2001. The child is held back in the third grade,
after the child support order is entered, so this does not affect the normal
and expected year of graduation.
Accordingly, the normal and expected year of graduation would still be
in 2013, with the 2012-2013 class, even though the child will likely graduate
in 2014.
If
either parent alleges that the 18 year old is not attending classes, or that they
have officially dropped out of school and is no longer enrolled, continue to
collect until May of the normal year of graduation. The 18
year old may still resume attendance and graduate on time. If the parent
disagrees, they may take the matter to court. If you are notified that the NCP
has taken the matter to court, refer the case to the Attorney General’s Office
(AGO). The assigned Assistant Attorney General (AAG) will represent the State’s
interest and may object to having the State participate in any potential
reimbursement of support payments.
Child Completes Graduation Requirements Early: Presume that an 18
year old is in school and pursuing timely graduation unless the
parent(s) provide documentation that the 18 year old has completed the
graduation requirements ahead of their classmates. Consider the child
emancipated only if the child has received a high school diploma or high school
equivalency diploma (e.g., General Education Development (GED), etc.), or if
other documentation from the school showing an early graduation date (e.g.,
high school transcript, official letter from the high school, etc.) is
provided. Once proper documentation is received as described above, stop
collection of the current support for that child, effective the month following
the month the child emancipates per the documentation provided.
R527-250-4
Early Graduation, High School Equivalency Diploma, and General Education
Development (GED):
“ORS may cease
collection of child support the month after the child
is 18 years old and is no longer enrolled in school for one of the following
reasons:
(1) the child
receives a high school diploma at the time of early graduation;
(2)
documentation is provided of the child's early completion of high school course
requirements; or
(3) the child
receives a high school equivalency diploma.”
If you
have questions about whether the provided documentation meets the standard for early
graduation, consult with your Regional Director (RD) and/or your assigned AG.
For example, a child completes the graduation requirements in February and
turns 18 in March. The parents provide a high school transcript from the school
showing an early graduation date of February 1, 2016, but the child does not
receive a high school diploma until May with their normal graduating class.
Since the high school transcript shows an early graduation date, the child
support would be charged through March (when the child turns 18) and not May
with the normal graduating class.
If
either parent alleges that the 18 year old has
graduated or received a high school equivalency diploma but neither parent
provides acceptable documentation as described above, continue to collect
support until May of the normal year of the child’s graduation.
Child
Working for General Educational Development (GED): If a
child is 18 and working toward a GED instead of attending high school, they are
not considered emancipated until they receive a high school equivalency diploma
or until their normal class graduates in May, whichever occurs first.
Children in state custody:
Children in the care or custody of the state are required to attend
school while in state custody.
Therefore, CIC workers will normally implement the graduation guidelines
for children in the care or custody of the state and for siblings included on
the Sole Custody Worksheet that are not in custody. However, in the rare case
that a child in state custody does not attend school during the time between
their 18th birthday and the normal graduation date, CIC will apply
the same rules as CSS in determining if child support continues until the
normal graduation date based on if the child has received a high school diploma
or high school equivalency diploma.
Exceptions to the Emancipation Criteria
1.
Utah order.
A Utah court order of any date may extend the usual age of emancipation,
e.g., for a child that is incapacitated.
2.
Non-Utah order. If you are enforcing another
state’s order, apply the emancipation law for that state. To determine another
state’s emancipation law, refer to the Intergovernmental Reference Guide (IRG).
For example, the state of New York, unless otherwise stated in the order, a
child becomes emancipated at the age of 21. If the method for reducing the
out-of-state child support order is not clear based on the information listed
in the IRG and/or the other state’s order, contact the IV-D child support
office in the state issuing the order and request assistance. The IV-D office
in the issuing state may inform you that the order must be modified for
emancipation purposes. If so:
a.
Continue to
charge the full current support amount until the modification is complete;
b.
Update ORSIS
appropriately; and,
c.
Document all
actions taken in the case level narratives. Make sure you document that the
other state’s order must be modified for emancipation purposes.
Pursuant to the Uniform Interstate Family Support
Act (UIFSA), the issuing state always maintains jurisdiction over age of
majority issues. Always defer to the instructions given/received by the state
or from the IRG for that state and document them in the case narratives.
Deviated
(Non-Guidelines) Orders and Emancipation
“(3)(a) A written finding or specific finding on the record
supporting the conclusion that complying with a provision of the child support
guidelines or ordering an award amount resulting from use of the child support
guidelines would be unjust, inappropriate, or not in the best interest of a
child in a particular case is sufficient to rebut the presumption in that case.
(b) If an order rebuts the presumption through findings, the order is
considered a deviated order.
(4) The following are considered deviations from the child support guidelines,
if:
(a) the order includes a written finding that the order is a deviation from the
child support guidelines;
(b) the worksheet has:
(i) the box checked for a deviation;
and
(ii) an explanation as to the reason; or
(c) the deviation is made because there were more children than provided for in
the child support tables.
(5) If the amount in the order and the amount on the worksheet differ by $10 or
more:
(a) the order is considered deviated; and
(b) the incomes listed on the worksheet
may not be used in adjusting support for emancipation as described in Section
81-6-213.” (Emphasis added.)
EXAMPLE
1: If the worksheet indicates a
guidelines table amount of $484.00 per month but the order is for $490.00 per
month, the order is NOT a deviated order
for purposes of adjusting support for emancipation regardless of whether
if it has the wording described in Utah Code 81-6-202(4)(a) or (b), because the
difference between the worksheet amount and the order amount is less than
$10.00.
EXAMPLE
2: If the worksheet indicates a
guidelines table amount of $484.00 per month but the order is for $500.00 per
month, the order appears to be a deviated order for purposes of adjusting support for emancipation regardless
of whether it has the wording described in Utah Code 81-6-204(4)(a) or (b),
because the difference is more than $10.00 from the table amount.
EXAMPLE
3: If the worksheet indicates a
guidelines table amount of $484.00 and a child care amount of $100.00 but the
order is for $590.00, the order is NOT a deviated order for purposes of adjusting support for emancipation regardless of
whether it has the wording described in Utah Code 81-6-202(4)(a) or (b),
because the difference between the worksheet amounts and the order amount is
less than $10.00.
If a child
emancipates under a deviated order, it may not be possible to make an automatic
adjustment to the current support because
If a method for completing the
emancipation adjustment cannot be found, let the parents know.
1.
Non-IV-A cases – Determine
if either parent would like the case reviewed for a guideline support
order. If neither parent on a Non-IV-A
case requests a modification, continue charging current support based on the
existing order. If one of the parents
would like the child support reviewed, they must put the request for a
modification in writing and submit it to ORS.
Once the request is received, the case should be referred to the
modification team. The modification
agent will proceed with the review of the case, collect the relevant current
income information, and refer the case to the AGO, if appropriate based upon
the procedures found in the modification policies. If the order is modified, the ordered child
support amount will be adjusted on ORSIS.
2.
IV-A cases – Refer the
case to the modification team for a review based upon the state’s request. The modification team is responsible to
review the case, collect relevant current income information, and refer the case
to the AGO, if appropriate based upon the procedures found in the modification
polices.
NOTE 1: When the case is referred to the AGO for a
modification, inform the assigned AAG that the order must be based on Utah’s
guidelines and not deviate from guidelines as the former order did.
NOTE 2: If a case opens or is reinstated and there is
a child who has emancipated on a deviated order, consult with the assigned
AAG.
NOTE 3: On CIC Cases, if the administrative order is
deviated and cannot be adjusted for emancipation and the parties will not
stipulate, it may be appropriate to initiate the UAPA process to issue a new
temporary administrative order for the remaining children. Do not adjust the ongoing support amount
until the new order is established.
CIC
Cases: Sibling of Child in Care
Emancipates
A new
worksheet should be completed when a sibling of a child in care emancipates.
For procedures and more
information on creating an emancipation worksheet, refer to CS 419P. If credit
is given for a sibling who is eighteen years of age, the establish agent will
create a mail-alert to notify the collection agent to complete a new worksheet
excluding the emancipated sibling.