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Senate approves substitute for SB 263 to let judges optionally impute income for stay-at-home parents

Utah State Senate · March 11, 2013
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Summary

The Senate passed first substitute Senate Bill 263, which makes imputation of income for a custodial parent who stays home voluntary ("may" not "shall") and permits judges to award an additional credit or offset in child-support calculations in appropriate circumstances; the substitute passed 27–0 with two absent and is sent to the House.

The Utah Senate on March 11 passed the first substitute to Senate Bill 263, a measure addressing how courts impute income for custodial parents who stay home to care for children. Sponsor Senator Weiler told the body the substitute changes mandatory imputation language to discretionary language: the court "may" impute a monthly obligation rather than "shall," allowing judges to account for individual circumstances.

Sponsor explanation focused on the policy goal of recognizing the economic value of a parent who stays home and the savings produced by not paying daycare. The substitute also aims to avoid creating incentives for parties to return to court; the sponsor emphasized the change is voluntary and not gender-specific.

Floor questions focused on enforcement and funding. Senator Knudson asked how enforcement differs when one parent refuses to comply; the sponsor acknowledged existing enforcement and collection challenges in child-support systems and said the substitute does not change those mechanisms. Several senators spoke in support, including members who said the bill remunerates household child-care contributions differently.

The chamber suspended the three-reading rule and passed the first substitute by roll call: the clerk reported 27 'yay' votes, 0 'nay' votes, and 2 absent. The bill will be transmitted to the House for further consideration.

Next steps: the House will receive the substitute for its further action and any additional amendments there.

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