CHILD SUPPORT GUIDELINES
CS 417P Emancipation
10/89
Revised 06/26/26 Training Completed 07/10/26 Last Reviewed 07/06/26
Utah
Code 15-2-1, 26B-9-114,
301,
78A-6-356,
81-6-101,
202,
213, and 302 through 305, 81-8-102, et
seq.; R527-250
Overview
The Office
of Recovery Services/Child Support Services (ORS) will only establish parentage
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 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 parentage
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) As used in this section, ‘emancipated’ means:
(a) the child becomes 18 years old or graduates from high school
during the child's normal and expected year of graduation, whichever occurs
later;
(b) the child dies, marries, or becomes a member of the armed
forces of the United States;
(c) the child is emancipated in accordance with Title 80, Chapter
7, Emancipation; or
(d) the obligor's parental rights are terminated by a court in
accordance with Title 80, Chapter 4, Termination and Restoration of Parental
Rights.
(2) 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 is emancipated.
(3) The base child support award is adjusted as described in
Subsection (2) by using:
(a) the child support table that was used to establish the most
recent child support order; and
(b) the income of the parties as specified in the most recent
child support order or the worksheets.
(4) The base child support award may not be reduced by a per child
amount derived from the base child support award originally ordered.
(5) 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 (2) and the child support order will continue until modified by the
issuing tribunal.
(6) 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. For
more information on the definition of “child,” refer to the citations listed
above.
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 Admin. Code 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 stop 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 upon 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 and expected 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 May with their normal
graduating class, 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 and expected 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 Title 81 Chapter 8, Uniform Interstate Family Support
Act, 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.
NOTE 4: On CIC Cases, if a child
emancipates and parental rights on some of the other children in the order have
been terminated, the order is considered to be deviated and a new administrative order should be
established for the remaining children in care.
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.