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Tag: temporary custody

House Bill 129 Child Support Requirements

Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 129 (HB0129 (utah.gov)), entitled “Child Support Requirements”.

This bill would, if passed into law, provide that a parent or other obligated individual is not responsible to pay child support for a child who is in the custody of the Division of Child and Family Services (DCFS).

The law that is currently in place provides for the possibility of a parent having to pay child support to DCFS or to reimburse DCFS for funds is has expended on the support of a child while the child is in DCFS custody. H.B. 129 would eliminate that possibility.

I wonder why the government would want to eliminate a way of getting its hands on our money, and in fairness, I don’t see anything wrong with a parent having to reimburse the state for funds DCFS expends on behalf of a child in the protective custody, temporary custody, or custody of the division, from the child’s parent or guardian. Do you?

The proposed legislation is cited below:

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

28          Section 1. Section 78A-6-356 is amended to read:

29          78A-6-356. Child support obligation when custody of a child is vested in an

30     individual or institution.

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114          (12) [(a)] The child’s parent or another obligated individual is not responsible for child
115     support for the period of time that the child is removed from the child’s home by the Division
116     of Child and Family Services [if:].
117          [(i) the juvenile court finds that there were insufficient grounds for the removal of the
118     child; and]
119          [(ii) the child is returned to the home of the child’s parent or guardian based on the
120     finding described in Subsection (12)(a)(i).]

121          [(b) If the juvenile court finds insufficient grounds for the removal of the child under
122     Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
123     that the child’s parent or another obligated individual is responsible for child support beginning
124     on the day on which it became improper to return the child to the home of the child’s parent or
125     guardian.]

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138          80-2-301. Division responsibilities.
139          (1) The division is the child, youth, and family services authority of the state.
140          (2) The division shall:

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202          [(l) seek reimbursement of funds the division expends on behalf of a child in the
203     protective custody, temporary custody, or custody of the division, from the child’s parent or
204     guardian in accordance with an order for child support under Section 78A-6-356;]

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282          80-2-303. Division enforcement authority — Attorney general responsibilities.

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306          (3) (a) The attorney general’s office shall represent the division in an action[:]


307          [(a)] involving a minor who has not been adjudicated as abused or neglected, but who
308     is placed in the custody of the division by the juvenile court primarily on the basis of
309     delinquent behavior or a status offense[; or].
310          [(b) for reimbursement of funds from a parent or guardian under Subsection
311     80-2-301(2)(l).]

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Can you seek a temporary custody award if you have an apartment but you’re not on the lease, but your fiancé is on the lease and also the child does have their own room?

I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but whether the court will grant your request under such circumstances is a separate question.

Call me old fashioned, but the “my fiancé” term is, in child custody and family law settings, usually followed by words like “of 5 years” or “with whom I have 3 kids,” so if you are in such a situation, then use of “my fiancé” doesn’t give you, your “fiancé” or your circumstances the appearance of greater legitimacy or stability than shacking up. Asserting, “I have an apartment, but I’m not on the lease” means “my residential circumstances are insecure and unstable” and “I can be kicked out of where I currently live at any moment.”

Likewise, claiming “my child(ren) has/have his/her/their own room in someone else’s apartment that I don’t lease” means “my child(ren)’s residential circumstances are insecure and unstable too.”

But if the other parent’s circumstances are even less secure and less stable than yours, living with your boyfriend/girlfriend in his/her apartment at his/her pleasure may lead the court to award you temporary custody in the absence of any better alternative.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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