Utah's New Child Support Law: Ongoing Child Care Payments Now Required

Utah child support child care law changed how child care costs get handled in child support cases, and the new rule just took effect. If you have a child support case open in Salt Lake County or you are about to get a new order entered, this is worth understanding now rather than after a hearing catches you off guard. Starting July 1, 2026, Utah Code § 81-6-209.5 requires every new or modified child support order to include a provision for an ongoing expense for child care, not just reimbursement after the fact.

This is a real shift from how Utah has handled child care costs for years. Parents in the Third District Court and across the state have grown used to a system built around receipts: a parent pays for day care, submits proof, and the other parent reimburses a share. The new law does not eliminate that system entirely, but it adds something new on top of it, and every parent going through a divorce or child support case in Utah should know what changed.

Why the Utah child support child care law changed

The old system under Utah Code § 81-6-209 requires parents to split reasonable work-related child care expenses equally, but only after the expense is actually incurred and documented. That approach sounds fair on paper, but it created a real problem for the parent fronting the cost, usually the one with primary custody. That parent had to pay the full day care bill first and then chase the other parent for reimbursement, sometimes for months.

Lawmakers heard enough of these stories that they passed House Bill 463 during the 2025 General Session, sponsored by Rep. Raymond Ward and Sen. Todd Weiler. The bill enacted a brand new section, Utah Code § 81-6-209.5, which requires child support orders to build in an ongoing, periodic payment for child care rather than relying only on after-the-fact reimbursement. The substantive requirement did not take effect immediately. The Legislature gave the Office of Recovery Services time to study the issue first, and the ongoing expense requirement became mandatory on July 1, 2026.

What the New Law Actually Requires

Under Section 81-6-209.5, a court or administrative agency must now include a provision in a child support order requiring the obligor parent to pay a reasonable ongoing expense for child care. This applies whenever a new child support order is being entered, when there has been a substantial change in circumstances, or when a party files a petition to modify an existing order.

A few details matter here. The ongoing payment is meant to be periodic, either monthly or on another schedule the court sets, rather than a lump sum tied to a single receipt. The statute also builds in a rebuttable presumption: parties can rebut the presumed amount or schedule through an agreement the court accepts, evidence showing a different amount is warranted, or a showing that a different arrangement serves the child's best interest. Unless the court orders otherwise, the ongoing expense for child care ends when the child turns 13.

The law also gives the obligor parent credit for ongoing payments already made when the court calculates what is owed, and it allows a court to set the amount at zero if the evidence shows child care expenses will not actually be incurred. That last piece matters for parents who do not use paid child care at all.

The Guidelines Are Still Catching Up

Here is the part that catches parents off guard: the Office of Recovery Services was tasked with developing guidelines or a cost table to help courts calculate the presumed amount of the ongoing expense, along with recommendations for payment frequency and start and end dates. Those guidelines were supposed to come out of a study the office reported on ahead of the 2025 interim legislative session, and the framework is still being refined as courts start applying the new requirement in practice.

What that means for parents right now is that judges and commissioners in Salt Lake County, Utah County, and Summit County are applying the “reasonable” standard from the statute while more detailed guidance continues to develop. That gives both attorneys and parents some room to present evidence about what is actually reasonable for a specific family's child care needs, rather than plugging numbers into a fixed formula.

What This Means If You Have an Existing Order

If your current child support order already handles child care through the old reimbursement method, it does not automatically change on its own. The ongoing expense requirement applies to new orders and to orders that are modified, whether that modification comes from a substantial change in circumstances or a petition filed under Utah Code § 81-6-212. If you are not planning to modify your order for other reasons, you likely will not see this change unless and until you go back to court.

That said, if you were already planning to file a modification, or if a substantial change in your circumstances (a new job, a new day care provider, a significant income change) is pushing you toward court anyway, it is worth knowing that your new order will look different than your last one. Talk to an attorney about how the ongoing expense provision might affect your monthly obligation before you file.

What to Bring to Your Attorney or Your Hearing

Because the guidelines are still developing, documentation matters more than ever right now. Bring proof of your child's actual or anticipated child care costs, your work schedule, and information about your child care provider. If you believe child care costs will not be incurred at all, be ready to show that too, since the statute allows the amount to be set at zero when the evidence supports it.

Frequently Asked Questions About Utah's Child Care Support Law

Q: Does this new law apply to my existing child support order automatically?

A: No. It applies to new child support orders and to orders that are modified on or after July 1, 2026. An existing order is not automatically rewritten unless a party files to modify it or the court otherwise revisits the order.

Q: What happens if I do not use paid child care for my child?

A: The statute allows a court to set the ongoing expense for child care at zero if a parent shows, by a preponderance of the evidence, that child care expenses will not actually be incurred.

Q: Does the ongoing expense payment replace the requirement to split actual child care costs?

A: Not entirely. Utah Code § 81-6-209 still addresses reasonable work-related child care expenses and reimbursement, and the new ongoing expense requirement under Section 81-6-209.5 works alongside it. An obligor parent gets credit for ongoing payments already made when the court calculates amounts owed.

Q: When does the ongoing child care payment end?

A: Unless the court orders otherwise, it ends when the child turns 13 years old.

Q: Who sponsored this change and when did it pass?

A: House Bill 463 passed during Utah's 2025 General Session, sponsored by Rep. Raymond Ward in the House and Sen. Todd Weiler in the Senate. The bill took effect in stages, with the ongoing child care expense requirement becoming mandatory on July 1, 2026.

Talk to a Utah Family Law Attorney

Changes like this one can affect your monthly budget and your parenting plan in ways that are easy to miss if you are not working with someone who tracks Utah family law closely. Whether you are entering a new child support order, considering a modification, or just want to understand how the ongoing child care expense requirement applies to your situation, it helps to talk to someone who handles these cases regularly in Salt Lake County, Utah County, and Summit County.

Contact Fox Law Utah today at 801-251-6124 or through our contact form to schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Fox Law Utah for guidance specific to your situation.