College and Adult Child Support in Utah: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no Utah provision for court-ordered college support, though divorce courts may order support to 21. A child of any age who is incapacitated from earning a living remains a child under the statute.

Does child support cover college in Utah?

We found no provision that lets a court order support for college. The statute’s definition of a child covers a minor, an 18-year-old in high school in the normal and expected year, and an incapacitated child of any age (81-6-101(7)). Courts in divorce actions may order support to age 21 (Utah Code 15-2-1), so college help can sit in a decree; read yours.

Is there child support for a disabled adult child in Utah?

Yes. A son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support himself or herself by his or her own means, is a child under the statute (81-6-101(7)(c)). A Utah order of any date may extend the usual age of emancipation, for example for an incapacitated child (CS 417P).

What should I bring to court for an incapacitated child?

Medical evaluations, benefit decisions and records showing what the child earns or receives, because the test turns on whether the child can support himself or herself by his or her own means.

Can the order be adjusted if the child receives income?

The statute counts the child’s ability to provide some financial resources to the family but not to support himself or herself; ask the court how the child’s own income fits your numbers (81-6-101(7)(c)).

Can a Utah order of any date extend the age of emancipation?

Yes. The agency says a Utah court order of any date may extend the usual age of emancipation, for example for an incapacitated child (CS 417P). Read your decree.

Is a deceased child still owed support?

No. When a child dies the legal duty of support for that child ends because a deceased child no longer meets the definition of a child (CS 417P).

What if my order is from another state?

The agency applies the emancipation law of the state that issued the order, and under the interstate act the issuing state always keeps jurisdiction over age of majority (CS 417P; R527-250). Check that state’s rule before you stop paying.

Does the child’s own income end support for an incapacitated child?

Only if the child is able to support himself or herself by his or her own means; some financial resources provided to the family do not end the status (81-6-101(7)(c)).

How should a college agreement be written?

• Which costs are covered: tuition, housing, books or a cap.
• Each parent’s share and when payments are due.
• Grade or enrollment conditions and what happens if the child leaves school.
• An end date or maximum number of years.
• Court approval so it can be enforced.

What are the age limits for a given birth date?

What about unpaid support from before?

It stays owed: see whether Utah arrears expire or can be forgiven and the Utah child support end date calculator.

Frequently asked questions

Official sources

• ORS policy CS 417P: emancipation (quotes Utah Code 81-6-213, 81-6-101, 15-2-1)
• Utah Admin. Code R527-250-2: normal and expected year of graduation
• ORS policy CS 812P: duration of judgments
• Utah Code 81-6-212: modification

This is general information, not legal advice. It is based on the cited Utah statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Utah attorney.