This question perennially arises at graduation time, and it’s graduation time when I write this post.
Unless your Utah-issued decree of divorce contains provisions for child support that deviate from the statutory provisions governing child support, then the question of when child support terminates is controlled by Utah Code § 81-6-213 (I provided a copy of at the end of this post too, if you want to read it there), and most of the time child support terminates because the circumstances of subsection (1)(a) arise, i.e., “when a child: (a) becomes 18 years old or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later[.]” But child support can terminate for other reasons before then, if, for example, the child:
- dies
- marries
- becomes a member of the armed forces of the United States; or
- is emancipated in accordance with Title 80, Chapter 7, Emancipation.
Utah Code § 81-6-213. Adjustment to child support when child becomes emancipated.
(1) Except as otherwise provided in the child support order, the base child support award is automatically adjusted to the base child support award for the remaining number of children due child support, without the need to modify the most recent child support order by a court, when a child:
(a) becomes 18 years old or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later;
(b) dies, marries, becomes a member of the armed forces of the United States; or
(c) is emancipated in accordance with Title 80, Chapter 7, Emancipation.
(2) The base child support award is adjusted as described in Subsection (1) by using the child support table that was used to establish the most recent child support order and by using the income of the parties as specified in the most recent child support order or the worksheets.
(3) The base child support award may not be reduced by a per child amount derived from the base child support award originally ordered.
(4) If the incomes of the parties are not specified in the most recent child support order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the child support guidelines, the base child support award is not automatically adjusted under Subsection (1) and the child support order will continue until modified by the issuing tribunal.
(5) If the child support order is deviated and the parties subsequently obtain a court order that adjusts the amount of child support back to the date of the emancipation of the child, the office may not be required to repay any difference in the child support collected during the interim.
Can child support extend beyond the age of majority in Utah? Yes, but only if either A) the parents agree to it (and make that the order of the court) or B) the court orders child support to extend beyond the age of 18 under the provisions of Utah Code § 15-2-1,
Utah Code § 15-2-1. Period of minority.
The period of minority extends in males and females to the age of 18 years; but all minors obtain their majority by marriage. It is further provided that courts in divorce actions may order support to age 21.
Utah Family Law, LC | divorceutah.com | 801-466-9277
