CS
720-1 Definitions
11/85 Revised 09/03/24 Training
Completed 09/17/24 Last Reviewed 10/02/24
Utah Code 26B-9-101, 201 and 301
Definitions
Utah
Code 26B-9-101 states:
“(4)(a) ‘Child support’ means a
base child support award as defined in Section 81-6-101, or a financial award
for uninsured monthly medical expenses, ordered by a tribunal for the support
of a child, including current periodic payments, all arrearages that accrue
under an order for current periodic payments, and sum certain judgments awarded
for arrearages, medical expenses, and child care costs.
(b) ‘Child support’ includes
obligations ordered by a tribunal for the support of a spouse or former spouse
with whom the child resides if the spousal support is collected with the child
support. . . .
(9)(a) ‘Income’ means earnings,
compensation, or other payment due to an individual, regardless of source,
whether denominated as wages, salary, commission, bonus, pay, or contract
payment, or denominated as advances on future wages, salary, commission, bonus,
pay, allowances, contract payment, or otherwise, including severance pay, sick
pay, and incentive pay.
(b) ‘Income’ includes:
(i) all
gain derived from capital assets, labor, or both, including profit gained
through sale or conversion of capital assets;
(ii) interest and dividends;
(iii) periodic payments made under
pension or retirement programs or insurance policies of any type;
(iv) unemployment compensation
benefits;
(v) workers' compensation benefits;
and
(vi)
disability benefits.”
Utah Code 26B-9-201
states:
“(9)
‘Child support order’ means a judgment, decree, or order, whether temporary,
final, or subject to modification, issued by a tribunal for child support and
related costs and fees, interest and penalties, income withholding, attorney
fees, and other relief. . . .
(13)
‘Disposable earnings’ means that part of the earnings of an individual remaining
after the deduction of all amounts required by law to be withheld.”
Utah Code 26B-9-301 states:
“(6) ‘Delinquency’ means that child
support in an amount at least equal to current child support payable for one
month is overdue.
(7) ‘Delinquent‘
means delinquency.
(8) ‘Immediate income withholding’
means income withholding without regard to whether a delinquency has occurred. . . .
(15) ‘Payor’ means an employer or
any person who is a source of income to an obligor.”
Utah Code 81-6-101 states:
“(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.”