78B-12-216 - Reduction for extended parent-time.
78B-12-216. Reduction for extended parent-time.
(1) The base child support award shall be:
(a) reduced by 50% for each child for time periods during which the child is with thenoncustodial parent by order of the court or by written agreement of the parties for at least 25 ofany 30 consecutive days of extended parent-time; or
(b) 25% for each child for time periods during which the child is with the noncustodialparent by order of the court, or by written agreement of the parties for at least 12 of any 30consecutive days of extended parent-time.
(2) If the dependent child is a client of cash assistance provided under Title 35A, Chapter3, Part 3, Family Employment Program, any agreement by the parties for reduction of childsupport during extended parent-time shall be approved by the administrative agency.
(3) Normal parent-time and holiday visits to the custodial parent shall not be consideredextended parent-time.
(4) For cases receiving IV-D child support services in accordance with Title 62A,Chapter 11, Parts 1, 3, and 4, to receive the adjustment the noncustodial parent shall providewritten documentation of the extended parent-time schedule, including the beginning and endingdates, to the Office of Recovery Services in the form of either a court order or a voluntary writtenagreement between the parties.
(5) If the noncustodial parent complies with Subsection (4), owes no past-due support,and pays the full, unadjusted amount of current child support due for the month of scheduledextended parent-time and the following month, the Office of Recovery Services shall refund thedifference from the child support due to the custodial parent or the state, between the full amountof current child support received during the month of extended parent-time and the adjustedamount of current child support due:
(a) from current support received in the month following the month of scheduledextended parent-time; or
(b) from current support received in the month following the month writtendocumentation of the scheduled extended parent-time is provided to the office, whichever occurslater.
(6) If the noncustodial parent complies with Subsection (4), owes past-due support, andpays the full, unadjusted amount of current child support due for the month of scheduledextended parent-time, the Office of Recovery Services shall apply the difference, from the childsupport due to the custodial parent or the state, between the full amount of current child supportreceived during the month of extended parent-time and the adjusted amount of current childsupport due, to the past-due support obligation in the case.
(7) For cases not receiving IV-D child support services in accordance with Title 62A,Chapter 11, Parts 1, 3, and 4, any potential adjustment of the support payment during the monthof extended visitation or any refund that may be due to the noncustodial parent from the custodialparent, shall be resolved between the parents or through the court without involvement by theOffice of Recovery Services.
(8) For purposes of this section the per child amount to which the abatement applies shallbe calculated by dividing the base child support award by the number of children included in theaward.
(9) The reduction in this section does not apply to parents with joint physical custodyobligations calculated in accordance with Section 78B-12-208.
Renumbered and Amended by Chapter 3, 2008 General Session