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Utah Code Title 77. Utah Code of Criminal Procedure § 77-38b-206. Calculating the amount of restitution owed for dependent support

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) As used in this section:

(a) “Base combined child support obligation table” means the child support table located in Section 78B-12-303.

(b) “Gross income” means the amount of income that would be calculated for a parent for child support purposes as described in Section 78B-12-203.

(c) “Monthly income” means the amount of monthly income established for a deceased victim, or a permanently impaired victim, under Subsection (3).

(2) If a defendant owes pecuniary damages to a dependent under Section 77-38b-205, the court shall determine the entire amount of dependent support that the defendant owes a dependent in accordance with this section.

(3)(a) For purposes of determining a defendant's monthly obligation under Subsection (4), the court shall establish the monthly income of the deceased victim, or the permanently impaired victim, by:

(i) calculating the deceased or permanently impaired victim's monthly gross income before the victim's death or incapacitation; and

(ii) dividing the deceased or permanently impaired victim's monthly gross income in half.

(b) If the amount calculated under Subsection (3)(a)(ii) is $3,000 or less, the court shall impute a monthly income of $3,001 to the deceased or permanently impaired victim.

(c) If the amount calculated under Subsection (3)(a)(ii) is greater than $3,000, the deceased or permanently impaired victim's monthly income is the amount calculated under Subsection (3)(a)(ii).

(4) To calculate the amount of pecuniary damages that a defendant owes a dependent of a deceased victim for dependent support, the court shall:

(a) locate the monthly dependent support obligation in the base income child support table using:

(i) the deceased victim's monthly income established under Subsection (3)(b) or (c); and

(ii) the total number of dependents for which the defendant owes dependent support; and

(b) multiply the monthly amount established under Subsection (4)(a) for the dependent by:

(i) the number of months until the dependent is 18 years old and is graduated from high school if the dependent is a child; or

(ii) the life expectancy of the dependent if the dependent is an incapacitated individual who is 18 years old or older.

(5) To calculate the amount of pecuniary damages that a defendant owes a dependent of a permanently impaired victim for dependent support, the court shall:

(a) locate the monthly dependent support obligation in the base income child support table using:

(i) the permanently impaired victim's monthly income established under Subsection (3)(b) or (c); and

(ii) the total number of dependents for which the defendant owes dependent support;

(b) multiply the monthly amount established under Subsection (5)(a) by the permanently impaired victim's whole person impairment rating as determined by the most recent edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment; and

(c) multiply the amount established under Subsection (5)(b) for the dependent by:

(i) the number of months until the dependent is 18 years old and is graduated from high school if the dependent is a child who is younger than 18 years old; or

(ii) the life expectancy of the dependent if the dependent is an incapacitated individual who is 18 years old or older.

(6) The deceased or permanently impaired victim's monthly income calculated under Subsection (3) is the only income that may be used when locating the monthly dependent support obligation in the base combined child support obligation table.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-38b-206. Calculating the amount of restitution owed for dependent support - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-38b-206/

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