78B-12-219 - Adjustment when child becomes emancipated.
78B-12-219. Adjustment when child becomes emancipated.
(1) When a child becomes 18 years of age or graduates from high school during thechild's normal and expected year of graduation, whichever occurs later, or if the child dies,marries, becomes a member of the armed forces of the United States, or is emancipated inaccordance with Title 78A, Chapter 6, Part 8, Emancipation, the base child support award isautomatically adjusted to the base combined child support obligation for the remaining numberof children due child support, shown in the table that was used to establish the most recent order,using the incomes of the parties as specified in that order or the worksheets, unless otherwiseprovided in the child support order.
(2) The award may not be reduced by a per child amount derived from the base childsupport award originally ordered.
(3) If the incomes of the parties are not specified in the most recent order or theworksheets, the information regarding the incomes is not consistent, or the order deviates fromthe guidelines, automatic adjustment of the order does not apply and the order will continue untilmodified by the issuing tribunal. If the order is deviated and the parties subsequently obtain ajudicial order that adjusts the support back to the date of the emancipation of the child, the Officeof Recovery Services may not be required to repay any difference in the support collected duringthe interim.
Renumbered and Amended by Chapter 3, 2008 General Session