CHILD SUPPORT GUIDELINES
CS 419P Child Support Worksheets
7/94
Revised 02/09/26 Training Completed 02/23/26 Last Reviewed 03/09/26
Utah
Code 26B-9-224, 81-6-202, 81-6-204,
81-6-205,
81-6-206,
and 81-6-207
Child support worksheets are forms that aid
in calculating the child support award. Complete the appropriate worksheet to
determine the amount of the child support award to request in the Notice of
Agency Action in administrative cases.
Utah Code 81-6-202 states:
“(7)(a) If there are children of
either parent who live in the home of that parent and are not children in
common to both parties, the court or administrative agency, at the option of
either party, may take into account the children under the child support
guidelines in setting a base child support award as described in Subsection
(8).
(b) Additional worksheets shall be
prepared that calculate the base child support award of the respective parents
for the additional children.
(c) The court or administrative
agency shall subtract the base child support award calculated under Subsection
(7)(b) from the appropriate parent's income before determining the award in the
case described in Subsection (7)(a).”
Utah Code 81-6-204 states:
“(10) For all worksheets, income
and child support award figures are rounded to the nearest dollar.”
The agent or presiding officer may complete
additional worksheets to determine the arrears for different years when the
Office of Recovery Services/Child Support Services (ORS/CSS), one of the parties to the worksheet,
or an attorney raises the issue of a substantial change in income from year to
year. To be considered a substantial change, the income must change by 30% or
more.
Worksheets
Overview
1.
Sole Custody Worksheet – Use the Sole Custody Worksheet
form
a.
For cases
where there is either an order of sole physical custody or no physical custody
order, and all of the children are believed to be in the physical custody of
one parent. Also use a Sole Custody Worksheet to adjust the child support due
to emancipation if there is only one remaining child on the case, unless the
most recent worksheet was based on a Joint Custody Worksheet. Refer to CS 417P
Emancipation for more information.
Since
ORS/CSS may not represent either parent in custody issues, unless the parents agree
in writing to the custody change, use the worksheet that reflects the custody
arrangements of the existing order. Custody issues may only be determined by a
judge.
b.
For children in
the care or custody of the state in either Juvenile Justice and Youth Services
(JJYS) or the Division of Child and Family Services (DCFS), complete the sole
custody worksheet based on all the natural and adopted children of Parent 1 and
Parent 2 (guidelines unit). If only some of the children are in the care or
custody of the state, use the prorated support options and a prorated child
support amount for only those children in state care/custody in the Notice of
Agency Action (NAA) and subsequent order.
i.
Intact – Prior to
January 1, 2018, in cases where the
child’s parents are married or living together in the same household (intact
family), both parents’ information is used to complete the worksheet. Follow
the instructions found in the section below titled “Instructions for the Sole
Custody Worksheet-Intact Households.”
ii.
Divorced, Separated, Never Married – In cases where the children in care have the same parents who are
divorced, separated, or were never married and do not reside in the same
household, two ORS cases are open, and one Sole Custody Worksheet is used.
NOTE: Effective January 1, 2018, intact family cases are
calculated the same as parents who are divorced, separated or never married and
do not reside in the same household.
iii.
Blended – In cases
where the mother’s children who are in care have different fathers, prepare a
worksheet for the mother with each father. Likewise, if children who have
different mothers are removed from the father’s household, prepare a worksheet
for the father with each mother.
iv.
Paternity Not Established – In
cases where paternity is not established for a child(ren) in care, prepare one
worksheet using the mother’s income and the number of dependent children she
has. Do not include income for an alleged father(s).
NOTE 2: There may be some circumstances where all the children are
not in the physical custody of one parent (i.e., spec. relative, CIC, State
Hospital). In those circumstances, a sole custody worksheet would still be used
and the child’s portion who is residing elsewhere would be prorated to the
other case.
NOTE 3: For CIC cases, if one parent returns VERIFIED income that
is different from the amount in the original worksheet, the income should be
updated on the worksheet for both parents.
2.
Split Custody Worksheet – In order establishment cases, a Worksheet: Split Custody form
may be used in the administrative process only when the split custody
arrangement is not contested. If either party disputes the terms of custody or
the use of the worksheet form, ORS cannot resolve the custody issue
administratively. Use the form in the situations listed below.
a.
No existing support order/order
establishment:
i.
IV-A/Medicaid
case: When there is no existing
order, use this worksheet in a IV-A case when at least one of the children is in the physical custody of each parent. If
the parties contest the split custody arrangement, refer the case to the AGO
for judicial order establishment.
ii.
Non-IV-A
case:
A.
If the
parties agree in writing (either a written statement or signed stipulation)
regarding split custody, use the Split Custody Worksheet when establishing the
order.
B.
If the
parties do not agree on the terms of custody, inform the parties they will have
to resolve the matter privately and provide an enforceable order. Because CSS
requires cooperation from the parties on the custody issue before an order can
be established, you may pend this case for closure.
NOTE: If issuing an administrative Notice of Agency Action (NAA)
based on a Split Custody Worksheet, use a two-parent NAA and order. Select the ongoing
support paragraph based on split custody. In the ongoing paragraph, include all the children’s names, not just
those living with one party or the other.
EXAMPLE: Joe and Marion have three children. Two of the children
live with Marion and one child lives with Joe. The split custody worksheet
shows that Joe has a support obligation of $63.00. The two-party NAA lists both
Joe and Marion as the respondents, lists each party’s individual obligation
($184.00 for Joe, $121.00 for Marion), lists $63.00 as the net support
obligation to be paid by Joe, and lists all three children’s names in the
ongoing support paragraph, even though only two children live with Marion.
b.
Existing support order:
i.
Review and
Adjustment:
A.
When there
is an existing order awarding split custody and custody of the children has not
changed, use the Split Custody Worksheet to calculate the new support amount.
B.
If the
parties agree in writing regarding the split custody, modification agents can
use the Split Custody Worksheet during modification proceedings, even if split
custody was not used in the existing order.
C.
On a IV-A
case, when split-custody is supported by the Department of Workforce Services
(DWS) records, modification agents will make a determination consistent with CS
450P General Information, Forms, Federal Timeframes as to the temporary or
long-term nature of the custody arrangement, and pursue a modification
accordingly.
ii.
Emancipation:
Use the Split Custody Worksheet when adjusting child support due to
emancipation when the original order was based on a Split Custody Worksheet and
at least one child remains with each parent. If there is only one child
remaining on the case, use the Sole Custody Worksheet to adjust the support for
emancipation.
3.
Joint
Custody Worksheet – The
child support guidelines define joint custody as when the child stays with each
parent overnight more than 110 days, or 30%, of the year. Since our office does
not determine custody, only use the Worksheet: Joint Custody form to calculate
the child support award when adjusting an existing judicial, joint custody
order. Do not use a joint custody worksheet to establish a first-time order.
Inform the parents who desire joint custody, but whose original order specifies
some other custody arrangement, that they will need to resolve the matter
privately. Use a joint custody worksheet in the following situations:
a.
Review and Adjustment:
i.
When there is an existing order awarding joint custody and custody of
the children has not changed, use the Joint Custody Worksheet to calculate the
new support amount.
ii.
If the parties agree in writing regarding the joint custody,
modification agents can use the Joint Custody Worksheet during modification
proceedings, even if joint custody was not used in the existing order.
iii.
On a IV-A case, when joint-custody is supported by the DWS records,
modification agents will make a determination consistent with CS 450P General Information, Forms, Federal Timeframes as to the temporary or long-term nature
of the custody arrangement, and pursue a modification accordingly.
b.
Emancipation: Use the Joint Custody Worksheet when adjusting child
support due to emancipation when the original order was based on a Joint
Custody Worksheet.
4.
Parent 1’s and Parent 2’s Present Family
Worksheet – Use
the optional Worksheet: Determine Parent 1’s Obligation
to Children in Present Home form and/or Worksheet:
Determine Parent 2’s Obligation to Children in Present Home form to
determine the amount to enter on the Sole, Split, or Joint worksheets for
credit for a child in the parents’ present family. Use one of these worksheets
if Parent 1 or Parent 2 has a natural or adoptive child in his/her home that is
not a subject of the current proceeding. Do not include step-children on the
present family worksheets for Parent 1 or Parent 2. All worksheets, including
the optional present family worksheet, are submitted to the court and will
become public record. A party that does not want the information on the present
family worksheet to become public record cannot request the present family
credit. As a result, no present family worksheet will be submitted to the court
and no credit can be given.
The party requesting the
credit must provide verification of the residence of the children and the
present spouse’s income.
NOTE 1: The income for the other parent must be imputed at minimum
wage if no other evidence is provided. A party may always contest the amount,
however, if they do, there must be a hearing. If they do not contest, proceed
with the order.
NOTE 2: For purposes of ORS, the Worksheet:
Determine Parent 1’s Obligation to Children in Present Home form is specific to
the mother on the case and the Worksheet: Determine Parent 2’s Obligation to
Children in Present Home form is specific to the father on the case.
For
assistance in deciding when to allow the credit, refer to the matrix below. For
detailed information and procedures on present family credit, previously
ordered child support, and review and adjustment of a support order, refer to
CS 450P.
|
|
Credit Would Cause an Increase/Decrease from the Most Recent Order |
|||
|
INCREASE |
DECREASE |
MITIGATES INCREASE |
MITIGATES DECREASE |
|
|
Allow Credit for the Obligor? |
N/A |
NO |
YES |
N/A |
|
Allow Credit for the Obligee |
NO |
N/A |
N/A |
YES |
In a review
and adjustment (modification) proceeding, use the worksheet the most recent
order was based on. Except as directed above, if physical custody has changed
since the original order but the legal custody has not changed, refer to CS
450P General Information, Forms, Federal Timeframes for more information. When
a worksheet becomes final, all of the information on the worksheet is
protected. Any court ordered change in custody will require a new worksheet to
be created.
Guidelines
Worksheets on Internet
As a public service, the Office
of Recovery Services website contains a link to guidelines worksheets and a
child support calculator. The website contains the following disclaimer: “The
following worksheets are intended only as a guideline for estimating child
support. Final determination of the support award may only be made through
Judicial or Administrative findings.”
These web-based worksheets are intended for use by the public
only. They do not replace the guidelines worksheets generated by workers
through ORSIS.
The child support calculator and
worksheets can be accessed from the ORS website at www.ors.utah.gov. From the ORS home page, there
are two different ways to get to the child support calculator:
1.
From the
Child Support drop-down banner, select the “Calculate Child Support” link
listed under the “Calculate Support” header. Then in the Online Child Support
Calculator section, click the “Child Support Calculator” link; or,
2.
Click “Learn
More” in the box titled “Child Support” on the ORS home page to be directed to
the Child Support Services information page. Scroll to the bottom of the
information page and click on the box labeled “Calculate Child Support.”
Once the user answers a few
questions concerning income, the number of children, previous support
obligations, joint or split custody arrangements, etc., the website will
complete the calculations and prepare the appropriate worksheet(s) for viewing
and printing in Adobe Acrobat.