Step Children Counting As Dependents When Recalculating Child Support Obligations

Step Children Counting As Dependents When Recalculating Child Support Obligations

Question: When it comes to Utah divorce law, can a parent count his/her step children (who arise as a result of remarriage after divorce) as his dependents for the purpose of re-calculating and modifying his/her child support obligations to the children of his/her prior marriage?

Answer:  It appears almost certain that one cannot count step children (that arise as a result of remarriage after divorce) as dependents for the purpose of re-calculating child support obligations for the children of a prior marriage.

Utah State Code § 78B-12-210.   Application of guidelines — Use of ordered child support.

(7) In a proceeding to adjust or modify an existing award, consideration of natural or adoptive children born after entry of the order and who are not in common to both parties may be applied to mitigate an increase in the award but may not be applied:

(a) for the benefit of the obligee if the credit would increase the support obligation of the obligor from the most recent order; or
(b) for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent order.

There used to be a statute that required step parents to support their step children.   That law, however, was repealed in 2000.¹

Utah State Code § 78B-12-106(2) provides:

(2) Nothing contained in this chapter may act to relieve the natural parent or adoptive parent of the primary obligation of support.

Otherwise stated, because natural and adoptive parents already have an obligation to support their children, a step parent likely cannot claim his/her expenses incurred to support step children as a factor affecting his/her child support obligations to the natural or adopted children of his/her own prior marriage.

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¹ Utah State Code § 78-45-4.1 Duty of stepparent to support stepchild — Effect of termination of marriage or common law relationship.

A stepparent shall support a stepchild to the same extent that a natural or adoptive parent is required to support a child. Provided, however, that upon the termination of the marriage or common law relationship between the stepparent and the child’s natural or adoptive parent the support obligation shall terminate.

Another former, but now repealed (as of 2008) code section provided:

Utah State Code § 78-45-4.2 Natural or adoptive parent has primary obligation of support — Right of stepparent to recover support.

Nothing contained herein shall act to relieve the natural parent or adoptive parent of the primary obligation of support; furthermore, a stepparent has the same right to recover support for a stepchild from the natural or adoptive parent as any other obligee.

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