HB 522

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1Parentage and Child Support Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Christine F. Watkins
                                              Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses provisions regarding parentage and child support.
6   Highlighted Provisions:
7This bill:
8▸ addresses a child support obligation for a child placed with a relative by the juvenile court
9   or the Division of Child and Family Services;
10▸ addresses the presumption of parentage for a child; and
11▸ makes technical and conforming changes.
12   Money Appropriated in this Bill:
13None
14   Other Special Clauses:
15None
16   Utah Code Sections Affected:
17   AMENDS:
1878A-6-356, as last amended by Laws of Utah 2025, Chapter 426
1981-5-607, as renumbered and amended by Laws of Utah 2025, Chapter 426
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 78A-6-356 is amended to read:
2378A-6-356 . Child support obligation when custody of a child is vested in an
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24   individual or institution.
25   (1) As used in this section:
26(a) "Office" means the Office of Recovery Services.
27(b) "State custody" means that a child is in the custody of a state department, division, or
28agency, including secure care.
29   (2) Under this section, a juvenile court may not issue a child support order against an
30individual unless:
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31      (a) the individual is served with notice that specifies the date and time of a hearing to
32determine the financial support of a specified child;
33      (b) the individual makes a voluntary appearance; or
34      (c) the individual submits a waiver of service.
35  (3) Except as provided in Subsection (11), when a juvenile court places a child in state
36      custody or if the guardianship of the child has been granted to another party and an
37      agreement for a guardianship subsidy has been signed by the guardian, the juvenile court:
38      (a) shall order the child's parent, guardian, or other obligated individual to pay child
39support for each month the child is in state custody or cared for under a grant of
40guardianship;
41      (b) shall inform the child's parent, guardian, or other obligated individual, verbally and
42in writing, of the requirement to pay child support in accordance with Title 81,
43Chapter 6, Child Support, and Title 81, Chapter 7, Payment and Enforcement of
44Spousal and Child Support; and
45      (c) may refer the establishment of a child support order to the office.
46  (4) When a juvenile court chooses to refer a case to the office to determine support
47      obligation amounts in accordance with Title 81, Chapter 6, Child Support, the juvenile
48      court shall:
49      (a) make the referral within three working days after the day on which the juvenile court
50holds the hearing described in Subsection (2)(a); and
51      (b) inform the child's parent, guardian, or other obligated individual of:
52(i) the requirement to contact the office within 30 days after the day on which the
53juvenile court holds the hearing described in Subsection (2)(a); and
54(ii) the penalty described in Subsection (6) for failure to contact the office.
55  (5) Liability for child support ordered under Subsection (3) shall accrue:
56      (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
57the juvenile court holds the hearing described in Subsection (2)(a) if there is no
58existing child support order for the child; or
59      (b) beginning on the day the child is removed from the child's home, including time
60spent in detention or sheltered care, if the child is removed after having been returned
61to the child's home from state custody.
62  (6)(a) If the child's parent, guardian, or other obligated individual contacts the office
63      within 30 days after the day on which the court holds the hearing described in
64      Subsection (2)(a), the child support order may not include a judgment for past due
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65support for more than two months.
66(b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the liability
67of support to begin to accrue from the date of the proceeding referenced in
68Subsection (3) if:
69(i) the court informs the child's parent, guardian, or other obligated individual, as
70described in Subsection (4)(b), and the parent, guardian, or other obligated
71individual fails to contact the office within 30 days after the day on which the
72court holds the hearing described in Subsection (2)(a); and
73(ii) the office took reasonable steps under the circumstances to contact the child's
74parent, guardian, or other obligated individual within 30 days after the last day on
75which the parent, guardian, or other obligated individual was required to contact
76the office to facilitate the establishment of a child support order.
77(c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable
78steps if the office:
79(i) has a signed, returned receipt for a certified letter mailed to the address of the
80child's parent, guardian, or other obligated individual regarding the requirement
81that a child support order be established; or
82(ii) has had a documented conversation, whether by telephone or in person, with the
83child's parent, guardian, or other obligated individual regarding the requirement
84that a child support order be established.
85   (7) In collecting arrears, the office shall comply with Section 26B-9-219 in setting a
86payment schedule or demanding payment in full.
87   (8)(a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
88individual shall pay the child support to the office.
89(b) The clerk of the juvenile court, the office, or the department and the department's
90divisions shall have authority to receive periodic payments for the care and
91maintenance of the child, such as social security payments or railroad retirement
92payments made in the name of or for the benefit of the child.
93   (9) An existing child support order payable to a parent or other individual shall be assigned
94to the department as provided in Section 26B-9-111.
95   (10)(a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
96the juvenile court in an individual.
97(b)(i) If legal custody of a child is vested by the juvenile court in an individual, the
98court may order the child's parent, guardian, or other obligated individual to pay
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99child support to the individual in whom custody is vested.
100(ii) In the same proceeding, the juvenile court shall inform the child's parent,
101guardian, or other obligated individual, verbally and in writing, of the requirement
102to pay child support in accordance with Title 81, Chapter 6, Child Support, and
103Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support.
104  (11) The juvenile court may not order an individual to pay child support for a child in state
105      custody if:
106      (a) the individual's only form of income is a government-issued disability benefit;
107      (b) the benefit described in Subsection (11)(a) is issued because of the individual's
108disability, and not the child's disability; and
109      (c) the individual provides the juvenile court and the office evidence that the individual
110meets the requirements of Subsections (11)(a) and (b).
111  (12)(a) The child's parent or another obligated individual is not responsible for child
112      support for the period of time that the child is removed from the child's home by the
113      Division of Child and Family Services if:
114(i) the juvenile court finds that there were insufficient grounds for the removal of the
115child; and
116(ii) the child is returned to the home of the child's parent or guardian based on the
117finding described in Subsection (12)(a)(i).
118      (b) If the juvenile court finds insufficient grounds for the removal of the child under
119Subsection (12)(a), but that the child is to remain in state custody, the juvenile court
120shall order that the child's parent or another obligated individual is responsible for
121child support beginning on the day on which it became improper to return the child to
122the home of the child's parent or guardian.
123  (13) After the juvenile court or the office establishes an individual's child support obligation
124      ordered under Subsection (3), the office shall waive the obligation without further order
125      of the juvenile court if:
126      (a) the individual's child support obligation is established in accordance with a low
127income table described in Title 81, Chapter 6, Part 3, Child Support Tables; or
128      (b) the individual's only source of income is a means-tested, income replacement
129payment of aid, including:
130(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
131Program; or
132(ii) cash benefits received under General Assistance, social security income, or social
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133security disability income.
134   (14) If there is an abuse, neglect, or dependency proceeding pending before the juvenile
135court and the juvenile court or the Division of Child and Family Services places the
136child who is the subject of the proceeding with a relative who is not the child's other
137parent, the office shall waive, without an order from a court, an individual's child
138support obligation for the child if:
139(a) the individual's child support obligation is established in accordance with a low
140income table described in Title 81, Chapter 6, Part 3, Child Support Tables; or
141(b) the individual's only source of income is a means-tested, income replacement
142payment of aid, including:
143(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
144Program; or
145(ii) cash benefits received under General Assistance, social security income, or social
146security disability income.
147Section 2. Section 81-5-607 is amended to read:
14881-5-607 . Limitation -- Child having presumed father.
149   [(1)(a) Parentage of a child conceived or born during a marriage with a presumed
150father, as described in Subsection 81-5-204(1)(a), (b), or (c) may be raised by the
151presumed father, the birth mother, or a child support services agency at any time
152before filing an action for divorce or in the pleadings at the time of the divorce of the
153parents.]
154[(b)(i) If the issue is raised prior to the adjudication, genetic testing may be ordered
155by the tribunal in accordance with Section 81-5-608. ]
156[(ii) Failure of the birth mother of the child to appear for testing may result in an
157order allowing a motherless calculation of parentage. ]
158[(iii) Failure of the birth mother to make the child available may not result in a
159determination that the presumed father is not the father, but shall allow for
160appropriate proceedings to compel the cooperation of the birth mother. ]
161[(iv) If the question of parentage has been raised in the pleadings in a divorce and the
162tribunal addresses the issue and enters an order, the parties are estopped from
163raising the issue again, and the order of the tribunal may not be challenged on the
164basis of material mistake of fact.]
165[(c) If the presumed father seeks to rebut the presumption of parentage, then denial of a
166motion seeking an order for genetic testing or a decision to disregard genetic test
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167results shall be based on a preponderance of the evidence.]
168      [(d) If the birth mother seeks to rebut the presumption of parentage, the birth mother has
169the burden to show by a preponderance of the evidence that it would be in the best
170interests of the child to disestablish the parent-child relationship.]
171      [(e)(i) If a child support services agency seeks to rebut the presumption of parentage
172and the presumed father opposes the rebuttal, the agency's request shall be denied. ]
173[(ii) Otherwise, the denial of the agency's motion seeking an order for genetic testing
174or a decision to disregard genetic test results shall be based on a preponderance of
175the evidence, taking into account the best interests of the child.]
176  (1)(a) The presumed father, the birth mother, or a child support services agency may
177      raise the parentage of a child conceived or born during a marriage between the
178      presumed father and birth mother if:
179(i) the presumption of the father's parentage arises from Subsection 81-5-204(1)(a),
180(b), or (c); and
181(ii) the issue is raised before the filing of an action for divorce or in the pleadings at
182the time of the divorce.
183      (b) If the issue of parentage is raised before the adjudication of the divorce:
184(i) subject to Subsection (1)(c), the presumed father may rebut the presumption by
185providing genetic test results to a tribunal that exclude the presumed father as the
186genetic father of the child; or
187(ii) a tribunal may order genetic testing as described in Section 81-5-608.
188      (c) If the birth mother challenges the presumed father's genetic test results under
189Subsection (1)(b)(i), the tribunal shall order genetic testing under Subsection (1)(b)(ii).
190      (d) If the presumed father seeks to rebut the presumption of parentage, the denial of a
191motion seeking an order for genetic testing, or a decision to disregard genetic test
192results, is based on a preponderance of the evidence.
193      (e) If the birth mother seeks to rebut the presumption of parentage, the birth mother has
194the burden to show, by a preponderance of the evidence, that it would be in the best
195interest of the child to disestablish the parent-child relationship.
196      (f) If a child support services agency seeks to rebut the presumption of parentage, and
197the presumed father opposes the rebuttal, the tribunal shall deny the agency's request.
198      (g) Except for Subsection (1)(f), the denial of a child support services agency's motion
199seeking an order for genetic testing, or a decision to disregard test results, is based on
200a preponderance of the evidence, taking into account the best interest of the child.
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201   (2) For the presumption outside of marriage described in Subsection 81-5-204(1)(d), the
202presumption may be rebutted at any time if the tribunal determines that the presumed
203father and the birth mother of the child neither cohabited nor engaged in sexual
204intercourse with each other during the probable time of conception.
205   (3) The presumption may be rebutted by:
206(a) genetic test results that exclude the presumed father;
207(b) genetic test results that rebuttably identify another man as the father in accordance
208with Section 81-5-505;
209(c) evidence that the presumed father and the birth mother of the child neither cohabited
210nor engaged in sexual intercourse with each other during the probable time of
211conception; or
212(d) an adjudication under this part.
213   (4) There is no presumption to rebut if the presumed father was properly served and there
214has been a final adjudication of the issue.
215Section 3. Effective Date.
216   This bill takes effect on May 6, 2026.
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