78B-12-205 - Calculation of obligations.
78B-12-205. Calculation of obligations.
(1) Each parent's child support obligation shall be established in proportion to theiradjusted gross incomes, unless the low income table is applicable. Except during periods ofcourt-ordered parent-time as set forth in Section 78B-12-216, the parents are obligated to paytheir proportionate shares of the base combined child support obligation. If physical custody ofthe child changes from that assumed in the original order, modification of the order is notnecessary, even if only one parent is specifically ordered to pay in the order.
(2) Except in cases of joint physical custody and split custody as defined in Section78B-12-102 and in cases where the obligor's adjusted gross income is $1,050 or less monthly, thebase child support award shall be determined as follows:
(a) combine the adjusted gross incomes of the parents and determine the base combinedchild support obligation using the base combined child support obligation table; and
(b) calculate each parent's proportionate share of the base combined child supportobligation by multiplying the combined child support obligation by each parent's percentage ofcombined adjusted gross income.
(3) In the case of an incapacitated adult child, any amount that the incapacitated adultchild can contribute to the incapacitated adult child's support may be considered in thedetermination of child support and may be used to justify a reduction in the amount of supportordered, except that in the case of orders involving multiple children, the reduction shall not begreater than the effect of reducing the total number of children by one in the child support tablecalculation.
(4) In cases where the monthly adjusted gross income of either parent is between $650and $1,050, the base child support award shall be the lesser of the amount calculated inaccordance with Subsection (2) and the amount calculated using the low income table. If theincome and number of children is found in an area of the low income table in which no amount isshown, the base combined child support obligation table is to be used.
(5) The base combined child support obligation table provides combined child supportobligations for up to six children. For more than six children, additional amounts may be addedto the base child support obligation shown. Unless rebutted by Subsection 78B-12-210(3), theamount ordered may not be less than the amount which would be ordered for up to six children.
(6) If the monthly adjusted gross income of either parent is $649 or less, the tribunalshall determine the amount of the child support obligation on a case-by-case basis, but the basechild support award may not be less than $30.
(7) The amount shown on the table is the support amount for the total number ofchildren, not an amount per child.
(8) For all worksheets, income and support award figures shall be rounded to the nearestdollar.
Renumbered and Amended by Chapter 3, 2008 General Session