Answer in Brief
In Utah, extracurricular activities are presumed to be included in the base child support obligation and are not automatically paid separately by either parent. Under the landmark ruling in Davis v. Davis, 2011 UT App 311, the Utah Court of Appeals held that school fees and extracurricular activities must be satisfied out of the parties' combined child support obligations unless the decree specifically states otherwise. Parents who want activities paid separately must negotiate this in their divorce decree or custody agreement. Utah does not have a statute comparable to Canada's Section 7 expenses that mandates cost-sharing for extraordinary expenses like competitive sports or elite training programs.
| Key Fact | Utah Rule |
|---|---|
| Filing Fee | $325 (as of March 2026; verify with clerk) |
| Waiting Period | 30 days without children; 90 days with children |
| Residency Requirement | 90 days in state and county under Utah Code § 81-4-402 |
| Grounds for Divorce | No-fault (irreconcilable differences) |
| Property Division | Equitable distribution |
| Extracurricular Activities | Presumed included in base child support per Davis v. Davis |
| Medical/Dental Expenses | Split 50/50 under Utah Code § 81-6-212 |
| Child Care Expenses | Split 50/50 under Utah Code § 81-6-214 |
How Utah Treats Extracurricular Activities in Child Support
Utah courts presume that extracurricular activities are part of the base child support calculation, meaning parents cannot demand separate reimbursement for soccer fees, dance lessons, or piano classes unless their divorce decree explicitly requires cost-sharing. The base child support obligation under Utah Code § 81-6-301 is calculated using a statutory table that covers combined parental incomes from $726 to $100,000 per month, and this amount is designed to cover nearly all reasonable child-rearing expenses. The only expenses that Utah law requires parents to share separately are medical expenses (including insurance premiums, co-pays, and unreimbursed costs) and work-related childcare expenses. This means that a parent paying $400 per month in child support is expected to budget some portion of that amount toward the child's sports fees, club memberships, and school activity costs.
The practical effect of this rule is significant for Utah families. If your child plays competitive hockey costing $3,000 per season, the custodial parent cannot automatically demand 50% reimbursement from the noncustodial parent. Instead, both parents must use their respective resources (child support for the custodial parent, retained income for the noncustodial parent) to fund these activities. This differs from states like California, which give courts discretion to order add-on expenses, and Canada, where Section 7 of the Federal Child Support Guidelines mandates proportional sharing of extraordinary expenses.
The Davis v. Davis Ruling: Utah's Leading Case on Activity Expenses
The Utah Court of Appeals established the governing rule for extracurricular activities in Davis v. Davis, 2011 UT App 311, 263 P.3d 520. The court held that child-rearing expenses not statutorily distinguished from regular child support should be considered part and parcel of the child support award. The court specifically noted that medical expenses and work-related childcare expenses have been singled out by the legislature as something parents are ordered to pay in addition to their regular child support obligations. Since extracurricular activities were not given this special statutory treatment, they must generally be budgeted as part of child support.
The Davis ruling has been followed in subsequent Utah appellate decisions, including Fox v. Fox, 2022 UT App 88, reinforcing that this remains settled law in Utah. Under this precedent, courts will not order parents to split activity costs 50/50 absent a specific agreement or decree provision. Parents can agree to share such additional expenses in the interest of their children, but if they are unable to reach agreement on that score, such expenses must generally be budgeted as part of child support. This makes your divorce decree the single most important document for determining who pays for activities in Utah.
What Your Decree Should Include About Activities
Because Utah law presumes activities are covered by base support, parents seeking a different arrangement must specify their agreement in the divorce decree or parenting plan. The first place to look to see what is covered by the child support payment is your Decree of Divorce. Your decree trumps the statute regardless of what the general law in Utah provides. A well-drafted decree should address several key questions about extracurricular activities.
Most Utah decrees that address activities include a provision requiring each parent to pay half of extracurricular activities that have been previously agreed upon. This language is critical because it requires mutual consent before either parent becomes obligated to contribute. Without the agreement requirement, one parent could enroll the child in $5,000 tennis camp and demand reimbursement from the other parent. The agreed upon language protects both parties from unilateral decisions about expensive activities.
Your decree should also specify which activities are covered. Common categories include school sports registration fees ($50-$300 per sport), competitive club sports ($1,000-$5,000 per season), music lessons ($100-$200 per month), dance classes ($150-$400 per month), academic tutoring ($50-$100 per hour), and summer camps ($200-$2,000 per week). Being specific prevents future disputes about whether a particular expense qualifies.
Joint Physical Custody and Activity Expenses
In Utah, when child support is calculated using the joint physical custody worksheet (requiring at least 111 overnights per year with each parent under Utah Code § 81-6-206), courts generally expect both parents to contribute to extracurricular expenses, school fees, school lunch, and clothing. How much those contributions are and how they are split between the parents is usually described in detail in the court order. Often parents will equally share agreed upon extracurricular expenses and necessary school fees.
The joint custody calculation under the Income Shares Model considers both parents' gross monthly incomes and assigns each a proportional share of the base support obligation. For example, if Parent A earns $6,000 per month gross and Parent B earns $4,000 per month gross, their combined income is $10,000. Parent A contributes 60% and Parent B contributes 40% of the combined obligation. This same proportional split often carries over to activity expense agreements, though 50/50 splits remain common regardless of income disparity.
Parents in joint physical custody arrangements typically share more day-to-day expenses directly rather than through formal child support payments. This includes buying equipment, paying registration fees, and transporting children to practices and games. When drafting your parenting plan, address not only cost-sharing but also decision-making authority about which activities the child participates in.
Expenses Utah Law Does Require Parents to Share
While extracurricular activities are not mandated for cost-sharing, Utah statutes do require parents to split certain expenses equally (50/50), regardless of income disparity. These statutory add-ons include medical and dental insurance premiums for the child's portion of coverage, uninsured and unreimbursed medical expenses (co-pays, co-insurance, deductibles), and work-related childcare expenses incurred by either parent under Utah Code § 81-6-214.
Under Utah Code § 81-6-212, a parent who incurs medical expenses must provide written verification of the cost and payment to the other parent within 30 days of payment. Failure to comply with this verification requirement may result in denial of the right to receive credit or recover the other parent's share. This same 30-day documentation requirement should be included in any voluntary agreement about extracurricular activity cost-sharing.
The premium expense calculation follows a specific formula. The premium expense for a child shall be calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the case. For example, if a family plan covering parent and two children costs $600 per month, the per-person cost is $200, and the children's portion is $400. Each parent would be responsible for $200 of this amount.
How to Negotiate Activity Cost-Sharing in Your Decree
Because Utah defaults to including activities in base support, parents who want separate cost-sharing must negotiate this during the divorce process. There are several common approaches Utah families use. The first approach is equal split (50/50) for all agreed-upon activities. This simple method divides all pre-approved activity costs evenly between parents regardless of their income levels. It works well when incomes are relatively equal or when both parents value simplicity over strict fairness.
The second approach is proportional split based on income percentages. Under this method, if Parent A earns 65% of the combined parental income, Parent A pays 65% of activity expenses. This mirrors how base child support is calculated and may feel more equitable when there is significant income disparity. Courts in other states often use this method when ordering activity cost-sharing.
The third approach is category-based responsibility. Some parents divide activities by type rather than cost. For example, Parent A might pay for all school-related activities (sports, band, clubs) while Parent B pays for outside activities (travel sports, private lessons, summer camps). This method reduces the need for ongoing reimbursement calculations.
| Approach | How It Works | Best For |
|---|---|---|
| 50/50 Split | Each parent pays half of agreed activities | Similar incomes, simple administration |
| Income Proportional | Split based on income percentages (e.g., 60/40) | Significant income disparity |
| Category-Based | Each parent covers specific activity types | Reducing reimbursement paperwork |
| Capped Sharing | 50/50 up to annual cap (e.g., $2,000), excess by agreement | Budget-conscious parents |
| First Right of Refusal | Non-paying parent can decline participation | High-cost competitive activities |
What Happens When Parents Disagree About Activities
If parents cannot agree on whether a child should participate in an activity or who should pay, Utah law provides limited options for resolution. Since extracurricular activities are not addressed by statute, courts generally will not intervene to order payment absent a decree provision requiring cost-sharing. The parent with legal custody decision-making authority may have the final say on whether the child participates, but cannot force the other parent to pay.
Under Utah Code § 81-9-305, courts consider each parent's presence or volunteer efforts in the minor child's school and at extracurricular activities when making custody determinations. This means a parent who actively supports and participates in a child's activities may be viewed favorably in custody proceedings. However, this does not translate into an obligation to fund activities.
When disagreements arise, mediation is often more effective than litigation. Utah courts strongly encourage alternative dispute resolution, and many custody orders include a requirement to mediate before filing motions. Mediation costs typically range from $150-$400 per hour, split between parents, and most activity disputes can be resolved in one to three sessions. This is far more cost-effective than motion practice, which can cost $1,500-$5,000 in attorney fees alone.
Modifying Child Support for Extraordinary Activity Costs
Parents sometimes ask whether they can modify child support to account for expensive extracurricular activities. Under Utah Code § 81-6-212, child support modifications require specific thresholds: a 15% difference from current support if less than three years since the order, or a 10% difference if three or more years have passed. Increased activity expenses alone typically do not justify a modification because activities are considered part of the base obligation.
However, parents may request a deviation from guideline support under Utah Code § 81-6-202 based on the child's needs. Courts have discretion to deviate from the child support guidelines if strict application would be unjust, inappropriate, or not in the best interest of a child. A parent seeking deviation for extraordinary activity costs would need to demonstrate that the child has exceptional needs (such as training for Olympic-level competition or specialized therapy through sports) that cannot be met within the guideline amount.
Deviation requests require a written finding by the court specifying reasons for the deviation. Courts rarely grant deviations for elective activities, even expensive ones. If you believe your child's activity needs justify a deviation, consult with a Utah family law attorney before filing a motion to modify.
Tax Considerations for Activity Expenses
Neither parent receives a tax deduction for extracurricular activity expenses under current federal tax law. However, certain activity-related expenses may qualify for tax benefits through other mechanisms. The Child and Dependent Care Credit (IRS Form 2441) can apply to day camps and before/after school programs if they enable a parent to work, though overnight camps do not qualify. The credit provides 20-35% of qualifying expenses up to $3,000 for one child or $6,000 for two or more children.
Some educational expenses may qualify for tax-advantaged 529 plan withdrawals if the activity is connected to K-12 tuition at a qualifying institution. For example, a private school's music program included in tuition may be covered, but private piano lessons generally do not qualify. Parents should maintain detailed records of all activity expenses, including receipts, canceled checks, and enrollment documentation. These records are essential for any tax benefit claims and for enforcement of decree provisions.
Enforcement When a Parent Refuses to Pay Their Share
If your decree requires activity cost-sharing and the other parent refuses to pay, Utah provides several enforcement mechanisms. You may file a Motion to Enforce the decree, asking the court to order payment and potentially award attorney fees under Utah Code § 81-4-303. Courts can hold a non-compliant parent in contempt, which may result in fines or even jail time for willful violations.
Before filing a motion, document your compliance with the decree requirements. Most agreements require providing notice of the activity, obtaining agreement (if required), providing receipts within 30 days of payment, and requesting reimbursement in writing. Keep copies of all communications with the other parent about activities and payments. Text messages and emails are admissible evidence and often prove essential in enforcement proceedings.
The filing fee for a motion to enforce in Utah is $45 as of March 2026. However, attorney fees for preparing and arguing the motion typically range from $500-$2,000 depending on complexity. Courts may award these fees to the prevailing party, but there is no guarantee. For small amounts (under $500), the cost of enforcement may exceed the recovery, making negotiation or mediation more practical.
Frequently Asked Questions
Are extracurricular activities automatically included in Utah child support?
Yes, Utah presumes extracurricular activities are covered by the base child support obligation under the Davis v. Davis, 2011 UT App 311 ruling. Parents cannot demand separate reimbursement unless their divorce decree specifically requires cost-sharing for activities. The statutory child support tables under Utah Code § 81-6-301 are designed to cover nearly all reasonable child-rearing expenses except medical costs and work-related childcare.
What expenses must Utah parents share 50/50 by law?
Utah law mandates equal sharing of three expense categories: medical and dental insurance premiums (child's portion), uninsured and unreimbursed medical expenses (co-pays, deductibles), and work-related childcare expenses. These are the only add-on expenses required by statute under Utah Code § 81-6-212 and Utah Code § 81-6-214. All other expenses, including extracurricular activities, must be negotiated in the divorce decree.
Can I force the other parent to pay for sports in Utah?
You can only require the other parent to contribute to sports costs if your divorce decree contains a specific provision requiring activity cost-sharing. Without such a provision, Utah courts will not order payment because activities are presumed part of base support. If your decree does require sharing, you can file a Motion to Enforce and potentially recover attorney fees for the other parent's non-compliance.
How do Utah courts handle expensive competitive sports?
Utah courts treat competitive sports the same as any other extracurricular activity. Absent a decree provision requiring cost-sharing, expensive competitive sports ($3,000-$10,000 per season) must be funded from the base child support payment (by the custodial parent) or the non-custodial parent's retained income. Courts rarely grant child support deviations for elective activities regardless of cost.
What should my Utah divorce decree say about activities?
Your decree should specify: (1) whether activities require mutual agreement before enrollment; (2) how costs are split (50/50, proportional to income, or by category); (3) annual spending caps if desired; (4) documentation requirements (30-day receipt submission); (5) reimbursement deadlines; and (6) which parent has final decision-making authority if agreement cannot be reached. Being specific prevents future disputes.
Does joint custody change how activity costs are handled in Utah?
Joint physical custody (111+ overnights with each parent) typically involves more direct cost-sharing between parents. When using the joint custody worksheet under Utah Code § 81-6-206, courts often expect both parents to contribute to activities. However, the specific terms must still be documented in the decree. Often parents with joint custody equally share agreed upon extracurricular expenses and necessary school fees.
Can I modify child support in Utah to cover expensive activities?
Modification requires a 15% change from current support within three years, or 10% after three years under Utah Code § 81-6-212. Activity costs alone typically do not justify modification because activities are considered part of base support. Deviation requests for extraordinary needs are rarely granted for elective activities. Consult a Utah family law attorney before filing.
How do I document activity expenses for reimbursement in Utah?
Follow the 30-day rule used for medical expenses: provide written verification of cost and payment within 30 days of payment. Include enrollment confirmations, itemized receipts, canceled checks or credit card statements, and a written reimbursement request specifying the amount owed. Keep copies of all communications with the other parent about activities and payments for potential enforcement proceedings.
What if my ex enrolls our child in expensive activities without my consent?
If your decree requires mutual agreement before enrollment, you may not be obligated to contribute to activities you did not approve. Document your objection in writing immediately. If your decree does not require agreement, or is silent on activities, the enrolling parent generally bears the cost unless they can negotiate your contribution. Utah courts typically will not force payment for unilaterally chosen activities.
How much are Utah divorce filing fees for activity cost disputes?
The initial divorce filing fee in Utah is $325 as of March 2026 under Utah Code § 78A-2-301. A motion to enforce decree provisions (including activity cost-sharing) costs $45 to file. Attorney fees for enforcement motions range from $500-$2,000. For disputes under $500, mediation ($150-$400 per hour) is often more cost-effective than litigation. Fee waivers are available for incomes below 150% of federal poverty guidelines.