78B-6-316 - Compensatory service for violation of parent-time order or failure to pay child support.
78B-6-316. Compensatory service for violation of parent-time order or failure topay child support.
(1) If a court finds by a preponderance of the evidence that a parent has refused tocomply with the minimum amount of parent-time ordered in a decree of divorce, the court shallorder the parent to:
(a) perform a minimum of 10 hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the parent aboutthe importance of complying with the court order and providing a child a continuing relationshipwith both parents.
(2) If a custodial parent is ordered to perform compensatory service or undergocourt-ordered education, there is a rebuttable presumption that the noncustodial parent be grantedparent-time by the court to provide child care during the time the custodial parent is complyingwith compensatory service or education in order to recompense him for parent-time wrongfullydenied by the custodial parent under the divorce decree.
(3) If a noncustodial parent is ordered to perform compensatory service or undergocourt-ordered education, the court shall attempt to schedule the compensatory service oreducation at times that will not interfere with the noncustodial parent's parent-time with the child.
(4) The person ordered to participate in court-ordered education is responsible forexpenses of workshops, classes, and individual counseling.
(5) If a court finds by a preponderance of the evidence that an obligor, as defined inSection 78B-12-102, has refused to pay child support as ordered by a court in accordance withTitle 78B, Chapter 12, Utah Child Support Act, the court shall order the obligor to:
(a) perform a minimum of 10 hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the obligorabout the importance of complying with the court order and providing the children with a regularand stable source of support.
(6) The obligor is responsible for the expenses of workshops, classes, and individualcounseling ordered by the court.
(7) If a court orders an obligor to perform compensatory service or undergo court-orderededucation, the court shall attempt to schedule the compensatory service or education at times thatwill not interfere with the obligor's parent-time with the child.
(8) The sanctions that the court shall impose under this section do not prevent the courtfrom imposing other sanctions or prevent any person from bringing a cause of action allowedunder state or federal law.
(9) The Legislature shall allocate the money from the Children's Legal Defense Accountto the judiciary to defray the cost of enforcing and administering this section.
Renumbered and Amended by Chapter 3, 2008 General Session