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Child Support

In Utah, and in every jurisdiction, parents have a duty to support their child/ren.  While one parent may pay child support to another child, the right to support goes with the child, an only in the most rare circumstances is child support able to be waived.  In other words, a parent cannot waive child support for the child/ren, and child support must be paid.

Duty of parents.
(1) Every child is presumed to be in need of the support of the child’s mother and father. Every mother and father shall support their children.
(2) Except as limited in a court order under Section 30-3-5, 30-4-3, or 78B-12-212:
(a) The expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents.
(b) Either or both parents may be sued by a creditor for the expenses described in Subsection (2)(a) incurred on behalf of minor children.

In Utah, unless there is a specific provision in a child support order, child support must be paid in money, not “in kind,” such as with groceries, clothing, diapers, etc.  If the parent receiving support is willing to receive “in kind” payment of child support, it is critical that the paying parent obtain a written receipt from the receiving parent acknowledging and accepting the “in kind” payment as child support.