Divorce and Parent Time Revisions

DIVORCE AND PARENTTIME REVISIONS
 2002 GENERAL SESSION

STATE OF UTAH

This act modifies provisions pertaining to parent-time and child support.  It provides for a minimum visitation schedule when a parent relocates, either by leaving the state or by putting more than 150 miles between a noncustodial parent and a child.  It also requires that the Office of Recovery Services verify information received concerning nonpayment of support before acting on a possibly unfounded allegation.

This act affects sections of Utah Code Annotated 1953 as follows:

AMENDS:

30337, as last amended by Chapter 255, Laws of Utah 2001

62A11104 , as last amended by Chapter 161, Laws of Utah 2000

Be it enacted by the Legislature of the state of Utah:

Section 1.  Section 30337 is amended to read:

30337.   Relocation.

(1)  When either parent decides to move from the state of Utah or 150 miles or more from the residence specified in the court's decree, that parent shall provide reasonable advance written notice of the intended relocation to the other parent.

(2)  The court may, upon motion of any party or upon the court's own motion, schedule a hearing with notice to review the parenttime schedule as provided in Section 30335 and make appropriate orders regarding the parenttime and costs for parenttime transportation.

(3)  In determining the parenttime schedule and allocating the transportation costs, the court shall consider:

(a)  the reason for the parent's relocation;

(b)  the additional costs or difficulty to both parents in exercising parenttime;

(c)  the economic resources of both parents; and

(d)  other factors the court considers necessary and relevant.

(4)  Upon the motion of any party, the court may order the parent intending to move to pay the costs of transportation for:

(a)  at least one visit per year with the other parent; and

(b)  any number of additional visits as determined equitable by the court.

(5)  Unless otherwise ordered by the court, upon the relocation of one of the parties the following schedule shall be the minimum requirements for parenttime with a schoolage child:

(a)  in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:

(i)  Thanksgiving holiday beginning Wednesday at 7 p.m.  until Sunday at 7 p.m.; and

(ii)  the fall school break, if applicable, commonly known as U.E.A.  weekend, beginning at 6 p.m.  the day before the holiday until Sunday at 7 p.m.  unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;

(b)  in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:

(i)  Christmas or winter school break as defined in Subsection 30332(3)(b); and

(ii)  Spring break or Easter holiday beginning at 6 p.m.  on the day school lets out for the holiday until 7 p.m.  on the Sunday before school resumes; and

(c)  extended parenttime during the summer for not less than two, and up to four, consecutive weeks.

[(5)] (6)  Upon the motion of any party, the court may order uninterrupted parenttime with the noncustodial parent for a minimum of 30 days during extended parenttime, [except if] unless the court finds it is not in the best interests of the child.  If the court orders uninterrupted parenttime during a period not covered by this Section, it shall specify in its order which parent is responsible for the child's travel expenses.

(7)  The relocating party shall be responsible for all the child's travel expenses relating to Subsections (5)(a) and (b) and onehalf of the child's travel expenses relating to Subsection (5)(c).  Reimbursement by either party to the other for the child's travel expenses shall be made within 30 days of receipt of documents detailing those expenses.

Section 2.  Section 62A11104 is amended to read:

62A11104.   Duties of office.

The office has the following duties:

(1)  to provide child support services if:

(a)  the office has received an application for child support services;

(b)  the state has provided public assistance; or

(c)  a child lives out of the home in the protective custody, temporary custody, or custody or care of the state or another party for at least 30 days;

(2)  to carry out the obligations of the department contained in this chapter and in Title 78, Chapters 45, 45a, and 45f for the purpose of collecting child support;

(3)  to recover public assistance provided to persons for which they were ineligible;

(4)  to collect money due the department which could act to offset expenditures by the state;

(5)  to cooperate with the federal government in programs designed to recover health and social service funds;

(6)  to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, and reimbursable expenses owed to the state or any of its political subdivisions, if the office has contracted to provide collection services;

(7)  to implement income withholding for collection of child support in accordance with Part 4 of this chapter;

(8)  to enter into agreements with financial institutions doing business in the state to develop and operate, in coordination with such financial institutions, a data match system in the manner provided for in Section 62A11304.5;

(9)  to establish and maintain the state case registry in the manner required by the Social Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:

(a)  the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under the order;

(b)  any amount described in Subsection (9)(a) that has been collected;

(c)  the distribution of collected amounts;

(d)  the birth date of any child for whom the order requires the provision of support; and

(e)  the amount of any lien imposed with respect to the order pursuant to this part;

(10)  to contract with the Department of Workforce Services to establish and maintain the new hire registry created under Section 35A7103;

(11)  to determine whether an individual who has applied for or is receiving cash assistance or Medicaid is cooperating in good faith with the office as required by Section 62A11307.2; [and]

(12)  to finance any costs incurred from collections, fees, General Fund appropriation, contracts, and federal financial participation[.]; and

(13)  to verify allegations of nonpayment of support received from a custodial parent prior to taking action against a noncustodial parent.

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