Prenatal Child Support in Utah

Both parents have a legal obligation to contribute financially to raising their child, regardless of marital status. Although formal child support cannot be ordered until after a child is born, Utah law allows for prenatal child support. The first state in the nation to pass such legislation, this law was designed to reduce the financial burden that can come with pregnancy-related medical expenses on women and increase paternal responsibility.

Key Takeaways

• Under Utah law, a pregnant mother may seek 50% of their pregnancy-related expenses from the biological father.
• Before a father can be held liable for prenatal child support, paternity must be established.
• If the court issues an order for pregnancy-related expenses and a biological father refuses to pay, the Office of Recovery Services can take a variety of actions to collect payment.

Can You Get Child Support While Pregnant in Utah?

Enacted in 2021, Utah’s prenatal child support law allows a mother to require that a biological father pay 50% of her out-of-pocket medical expenses related to pregnancy. Importantly, prenatal child support is not automatic. A mother is not obligated to ask the father to share these costs. Prenatal child support must be specifically sought.

While not strictly retroactive, prenatal child support can be claimed and ordered during the pregnancy. However, it’s important to understand that it only pertains to the mother’s medical expenses incurred in connection with the pregnancy. Standard child support to cover the child’s basic needs would begin after birth.

What Does Prenatal Child Support Cover?

From routine check-ups, laboratory testing, ultrasounds, and doctor’s fees, pregnancy can involve substantial medical costs. Even for those with insurance coverage, co-pays and deductibles can be significant. Prenatal child support in Utah is meant to cover a wide range of out-of-pocket expenses associated with pregnancy and child birth, including:

• Prenatal care costs: Prenatal care costs include all out-of-pocket medical expenses incurred in connection with pregnancy from the date of conception until the pregnancy ends.
• Health insurance premiums: A biological father can be held liable for 50% of the insurance premiums paid by the mother while she is pregnant.
• Birth expenses: Under the prenatal child support law, a biological father is responsible for 50% of the expenses associated with labor and delivery, including hospital bills.

Notably, prenatal child support only applies to the expenses incurred for medical bills after insurance has been applied.

How Do You File for Prenatal Child Support in Utah?

Just as with standard child support, in order for a father to be liable for prenatal child support, paternity must first be established. This can be done through a DNA test or a voluntary declaration of paternity. In the event paternity is disputed, a father is not required to pay support until it has been legally established. Once established, a mother can file a request for payment of pregnancy-related expenses through the court as part of a paternity, child support, or divorce action. It’s crucial for a mother to keep meticulous records of all medical expenses to substantiate a claim for payment.

What Happens if Prenatal Child Support is Not Paid?

If a court orders a biological father to pay pregnancy-related expenses and he refuses or fails to do so, the Office of Recovery Services (ORS) can take action to collect payments through wage garnishment or tax refund interception. The ORS can also suspend a driver’s, professional, or recreational license or issue a property lien. In severe cases, willful failure to pay can lead to being held in contempt of court.

When Can You File for Standard Child Support in Utah?

A custodial parent may file for child support as soon as parents separate, during divorce proceedings, or at any time through the ORS. The process to obtain standard child support can also be initiated before birth, but an order would not take effect until the child is born. Unlike prenatal child support (which requires both parents to pay 50% of pregnancy-related medical expenses), regular child support is calculated based on the parents’ combined income, the number of overnights the child spends in each home, and the child’s specific expenses.

Utah law also allows for retroactive child support to be ordered for up to four years from the date the action was filed. Once ordered, child support must be paid until the child reaches the age of 18 or has completed high school, whichever is later. However, exceptions apply if a child is emancipated, joins the military, or gets married. If a child has a disability that prevents them from becoming self-supporting, child support may be extended beyond 18.

Contact an Experienced Utah Child Support Attorney

If you have concerns about prenatal child support or obtaining a child support order after your child is born, it’s essential to have the representation of a knowledgeable attorney. Based in Salt Lake City, BartonWood offers reliable representation and compassionate counsel to clients for divorce and a wide range of family law issues. We invite you to contact us online or by calling 801-326-8300 to schedule a consultation with an experienced Utah child support attorney.