A mother can seek recovery of past child support arrears four years before commencement of the paternity action by the birth father. The mother can also seek reimbursement for all pregnancy related expenses.
Utah Code Annotated 78B-15-109. Limitation on recovery from the obligor.
The obligor’s liabilities for past support are limited to the period of four years preceding the commencement of an action.
Utah Code Annotated 78B-12-105.1
(1) Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother’s pregnancy expenses.
(2)(a) If paternity is disputed, a biological father owes no duty under this section until the biological father’s paternity is established.
(b) Once paternity is established, the biological father is subject to Subsection (1).
(3)(a) Any portion of a mother’s pregnancy expenses paid by the mother or the biological father reduces that parent’s 50% share under Subsection (1), not the total amount of pregnancy expenses.
(b) Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.
(4) If a mother receives an abortion, as defined in Section 76-7-301, without the biological father’s consent, the biological father owes no duty under this section, unless:
(a) the abortion is necessary to avert the death of the mother; or
(b) the mother was pregnant as a result of:
(i) rape, as described in Section 76-5-402;
(ii) rape of a child, as described in Section 76-5-402.1; or
(iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102.
(5) Subsection (1) does not apply if a court apportions pregnancy expenses under Section 30-3-5.
(6) A person may seek payment under Subsection (1) in accordance with Section 78B-12-113.
(7) Nothing in this section or Section 78B-12-212.1 requires a person to separately bill a biological father for pregnancy expenses.
Matt Wadsworth is an attorney practicing in divorce and family law in Salt Lake City, Ogden and Provo Utah.
