Opinion
Case No. 20080647-CA.
Filed June 11, 2009. Not For Official Publication
Appeal from the Third District, Salt Lake Department, 034900024 The Honorable Denise P. Lindberg.
F. Kevin Bond and Budge W. Call, Salt Lake City, for Appellant.
Ann L. Wassermann, South Jordan, for Appellee.
Before Judges Bench, Orme, and Davis.
MEMORANDUM DECISION
Steven L. Hansen (Father) appeals the denial of his motion to modify the original order of support and to direct both parents to make child support payments to Volunteers of America Transition Home (Volunteers of America). Father claims that the district court erred in interpreting and applying a provision of the Utah Code requiring child support payments to follow the child. "We review questions of statutory interpretation for correctness, giving no deference to the district court's interpretation." Board of Educ. v. Sandy City Corp., 2004 UT 37, ¶ 8, 94 P.3d 234.
Father argues that the district court erred in refusing to modify the order of support because physical custody of the child had changed from Kay Lynn Hansen (Mother) to Volunteers of America when the child began residing at the transition home. Utah Code section 78B-12-108(1) requires that "[o]bligations ordered for child support and medical expenses are for the use and benefit of the child and shall follow the child." Utah Code Ann. § 78B-12-108(1) (2008). In the event that "physical custody [of the child] changes from that assumed in the original order," the support-paying parent must seek modification of the original order to redirect support payments unless the physical custody of the child has changed to one of three persons or entities: (1) a parent, (2) a relative, or (3) the state. Id. § 78B-12-108(2)(a)-(c). Where a parent, relative, or the state has physical custody of the child, support payments may be automatically redirected. See id.
Contrary to Father's assertion, Mother has not lost physicalcustody of the child. Mother remains liable for the support of the child, including the responsibility to pay school fees, buy clothing, transport her to doctor and counseling appointments, attend to her medical needs, and pay her medical expenses. Although the child may reside at Volunteers of America, the child is also free to visit Mother's home and frequently stays there. Given that Mother retains physical custody, the district court did not err in concluding that Utah Code section 78B-12-108(1) does not require child support payments to be redirected to Volunteers of America.
Although Father made general allegations that Mother is no longer supporting the child, Father did not dispute these specific facts proffered below.
Contrary to Father's assertion on appeal, the district court did not err by issuing its ruling without conducting an evidentiary hearing at which Father could present evidence that Volunteers of America is a state-licensed facility. See generally Utah Code Ann. § 78B-12-108(2)(c) (2008) (allowing support payments to be redirected to "the state when the child is residing outside of the home in the protective custody, temporary custody, or custody or care of the state or a state-licensed facility"). At the hearing before the commissioner, Father's counsel conceded that "Volunteers of America is not a State agency[;] . . . it's a volunteer program that's run by private donations."
Mother requests attorney fees on appeal. "A party seeking to recover attorney[] fees incurred on appeal shall state the request explicitly and set forth the legal basis for such an award." Utah R. App. P. 24(a)(9). Because Mother fails to adequately set forth the legal basis for such an award, we decline to grant her request. See Advanced Restoration, LLC v. Priskos, 2005 UT App 505, ¶ 36, 126 P.3d 786 (declining to award a party attorney fees incurred on appeal because the party failed to cite either a rule of procedure or a specific statute as a basis for its request for fees).
Accordingly, we affirm.
WE CONCUR: Gregory K. Orme, Judge, James Z. Davis, Judge