Legislative Report

• Jurisdiction: Utah,United States
• Citation: Vol. 3 No. 6 Pg. 27
• Pages: 27
• Publication year: 1990

LEGISLATIVE REPORT Vol. 3 No. 6 Pg. 27 Utah Bar Journal July, 1990

June, 1990

Legislation Affecting Children: An Overview

Needs of Children Committee of the Utah State Bar, J. ^[*]

The 1990 general session of the Utah State Legislature was touted in the press as the "year for education." Although Utah's children will undoubtedly benefit from increased support of education and teachers, the legislature considered relatively few items of proposed legislation addressing the legal needs of children. Legislation related to children's issues was concentrated in the areas of child support, adoption, and juvenile court procedures. Except as otherwise noted, the effective date of the legislation was April 23, 1990.

CHILD SUPPORT

In 1987, the Utah Judicial Council created the Child Support Guideline Task force.^[1]In June 1988, the Council adopted presumptive child support guidelines promulgated by its task force, pursuant to legislation authorizing the Council to establish guidelines. The Interim Judiciary Committee of the Utah Legislature subsequently requested that implementation be delayed, or that the guidelines be made advisory only, to allow further legislative study. The child support guidelines were implemented by judicial rule as advisory, effective November 1, 1988. In October, 1988, the federal Family Support Act was passed, requiring states to implement presumptive guidelines by October 1989. In its 1989 general session, the Utah Legislature repealed language delegating responsibility for development of child support guidelines to the Judicial Council and adopted presumptive guidelines that were codified at Utah Code Ann. §78- 45-7.3 to 7.18. The legislation also created the Child Support Advisory Committee. In 1990, the Utah Legislature passed seven bills amending the child support statutes. In addition, the general study resolution recommends further legislative study of visitation and its relation to child support.

H.B. 148—OBTAINING SOCIAL SECURITY NUMBERS

This act requires, in accordance with the Family Support Act, that the social security number of both parents be obtained and provided to the state registrar at the time of the birth of a child. (Utah Code §26-2-5.5.)

H.B. 149—IMMEDIATE INCOME WITHHOLDING

To comply with the Family Support Act, this act authorizes immediate income withholding for child support orders that are entered or modified after October 13, 1990, and are subject to enforcement by the Office of Recovery Services (ORS). The obligor's income is subject to automatic income withholding, regardless of whether a deficiency exists, unless the court or administrative agency that entered the order finds there is "good cause" not to require immediate income withholding or a written agreement is executed by the parties to the effect that immediate income withholding is not needed. "Good cause" means "that damage to the obligor caused by immediate I income withholding substantially outweighs the benefit to the child" or ORS. The act provides that the good cause exception includes a situation where there is no past deficiency, the obligor has made arrangements to guarantee support payments for at least two months, and child support payments will be deposited directly to the obligee's bank account. An exception from immediate automatic income withholding must be included in the child support order. With regard to any child support order entered after October 13, 1990, an obligee may seek income withholding in the appropriate court, whenever a delinquency occurs, whether or not the order includes authorization for income withholding. Child support orders issued prior to October 13, 1990, and not otherwise modified after that date, are also subject to immediate income withholding, pursuant to Utah Code §62A-11-404.5(5), or if a delinquency occurs. (Utah Code §§62-11-403 to 408.)

H.B. 150—REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS

This act authorizes modification of existing child support orders to conform with the presumptive child support guidelines, effective October 13, 1990. The act provides that "a difference of at least 25 percent between a child support order and the child support guidelines shall be considered a substantial or material change of circumstance, and...