Does Child Support Automatically Stop at 18 in Utah?

Child support is payment made by the non-custodial parent to the custodial parent to ensure a child’s basic needs are met, regardless of the parents’ marital status. It is typically ordered until the child is 18. However, it’s important to understand that there are several exceptions to this general rule. In limited situations, child support after 18 can be ordered by a court or an obligation can end prior to the child reaching the age of majority.

When Does Child Support Terminate in Utah?

Under Utah law, both parents have a legal obligation to financially support their child while they are a minor. Child support generally ends once the child turns 18 or graduates from high school during their “normal and expected year of graduation,” whichever comes later. If a deviation in their year of high school graduation is known at the time the child support order is entered, the expected graduation year will be modified to extend the child support obligation. However, the expected year of graduation will not be altered if the deviation is not known until after the child support order has been entered, unless the child graduates early.

There are several circumstances under which child support can terminate before a child is 18, including the following:

• The child is emancipated: Under Utah law, a 16 or 17-year-old child can petition the court to be legally emancipated from their parents. If the court finds that the child can manage their own financial and personal affairs independently and emancipation is in their best interests, the petition may be granted. Once a child is emancipated, they are considered an adult in the eyes of the law and child support would terminate.
• The child gets married: 16 and 17-year-olds are able to get married in Utah with parental consent and approval from a judge. In these cases, the child would be declared emancipated and child support would end.
• The child joins the armed forces: A 17-year-old in Utah can join the armed forces with parental consent if they have a high school diploma or a GED equivalent. Since this is considered an act of emancipation, child support payments would stop.
• The child passes away: In the tragic event a child passes away before they are 18, any child support obligations would end.

The Utah Office of Recovery Services (ORS) may stop payments automatically. However, an Affidavit for Termination of Child Support should also be filed with the court to ensure the legal process has been completed. If there is more than one child included in the child support order, the order would be adjusted to reflect the new total amount for the remaining children.

Can Child Support After 18 Be Ordered in Utah?

In some cases, child support after 18 may be ordered in Utah. For instance, parents can stipulate in a settlement agreement that payments will continue after the child reaches the age of majority to help cover college expenses.

In addition, if a child is disabled and will remain dependent on their parents for physical and financial care, child support after 18 may be ordered. A judge may extend child support for a child with special needs if they are incapable of becoming self-supporting. In these cases, a petition must be submitted to the court before the child’s 18th birthday that establishes proof of incapacity. The court would evaluate several factors when determining whether child support should be extended, including:

• The severity of the disability
• The child's financial need
• The parents’ ability to provide continuing care
• The child’s access to governmental assistance

Parents can also agree to extend child support for a special needs child by entering into a settlement agreement. Mediation can be a useful tool to help parents find creative solutions and ensure a child’s unique needs are addressed without jeopardizing their eligibility for governmental benefits.

Can You Enforce an Order for Past Due Child Support After the Child is 18?

In Utah, child support after 18 can be collected if support payments are past due. If the paying parent is not in compliance with the child support order, the custodial parent has the ability to enforce the order for whichever time period is longer:

• Four years after the youngest child reaches the age of majority; or
• Eight years from the date of entry of sum certain judgment entered by a tribunal.

Notably, an action for child support arrearages must be commenced within eight years from the date the last support installment was due. The past due amounts that can be collected can only go back eight years.

Contact an Experienced Utah Family Law Attorney

If you have questions about child support after 18, it’s best to consult with an experienced family law attorney who can advise you regarding your situation. Based in Salt Lake City, BartonWood offers reliable representation and compassionate counsel to clients for a wide variety of divorce and family law issues.