Utah’s Child Influencer Law (H.B. 322): What It Means for Parents and Divorcing Spouses

Short answer: Utah's child influencer law, H.B. 322 (2025), took effect May 7, 2025. It requires content creators who earn at least $150,000 a year from social media, and who feature a minor in at least 30% of their content, to keep records and set aside part of that income in a trust for the child once the child's share reaches $20,000. Utah Code §§ 34-23-501 to 504. Parents cannot touch the trust, the child gets the money at 18, and at 18 the child can ask for videos to be deleted. In a divorce, the trust belongs to the child, while the channel itself and the parent's remaining income can still be marital property and income for support.

What the Law Does

The law protects two groups of minors: children who perform for an employer, and children who appear in a parent's or other creator's social media content.

• Performers: if a minor earned at least $20,000 performing in the prior year, the parent or guardian must set up a trust, and the employer must deposit 15% of the minor's gross earnings into it. Utah Code § 34-23-502.

• Qualifying minors in social media content: a minor qualifies if, in the prior calendar year, the minor appeared in at least 30% of a creator's content and the creator earned at least $150,000 in social media income. Utah Code § 34-23-501. The creator must make that determination each January 1, notify the parent in writing, and transfer a formula-based share of monthly income into the trust once the minor's compensation reaches $20,000. Utah Code § 34-23-503.

• Record-keeping: the creator must keep monthly records of social media income, paid minutes featuring the minor, the minor's earnings, and trust transfers, for at least two years. Utah Code § 34-23-503(1)–(2).

• Large trusts: if the trust's average monthly balance exceeds $250,000 for six consecutive months, the trustee must petition the court to appoint a replacement trustee. Utah Code §§ 34-23-502(3), 34-23-503(4).

• Deletion rights: once the child turns 18, the child can ask the social media company to have the creator delete posts or edit out the child's content. The creator has 10 business days after notice to delete, edit, or explain a refusal. Utah Code § 34-23-504.

The law excludes minors who produce their own content. Those minors keep their own compensation. Utah Code § 34-23-503(10).

Who Can Enforce It

The child can sue for up to five years after turning 18 if a trust was not set up, funded, or properly managed. The child can sue the employer, the content creator, the parent, or the trustee for actual damages, punitive damages, costs, and attorney fees. The child can also sue a creator who refuses a deletion request. Utah Code §§ 34-23-502, 34-23-503, 34-23-504(7).

The law followed public attention to the child abuse case against Utah family vlogger Ruby Franke. Her daughter, Shari Franke, testified to the Legislature in support of protections for children featured online.

How the Law Affects a Utah Divorce

The statute does not mention divorce or custody, but it affects both when a family's income comes from content that features the children.

The trust is the child's property. A parent or guardian cannot access the trust funds, and the child gains access at 18. Utah Code §§ 34-23-502(3), 34-23-503(4). Money properly deposited in a child's trust should not be treated as part of the marital estate.

The channel can still be a marital asset. A monetized YouTube channel, TikTok account, or brand partnership business built during the marriage may need to be valued and divided like any other business. Its value has to account for the portion of future income the law diverts to the child's trust. See Valuing a Business in a Utah Divorce Case and Goodwill in Utah Divorce.

Creator income counts for support. A parent's social media income, net of required trust transfers and legitimate business expenses, is relevant to child support and alimony. Self-employment income for child support is gross receipts minus the expenses necessary to run the business. Utah Code § 81-6-203(4). See Self-Employment Income and Child Support in Utah.

The required records are useful evidence. Because a covered creator must keep monthly records of income, paid minutes, and trust transfers, those records can be requested in discovery to test income claims and confirm that the children's money went where the law requires.

Custody and parenting plans can address content. Custody decisions turn on the child's best interest under Utah Code § 81-9-204. When one parent wants to keep featuring the children online and the other objects, a parenting plan can set terms for whether, how often, and under what conditions the children appear in monetized content. See Custody Evaluations in Utah Divorce and Custody Cases.

Frequently Asked Questions

When did Utah's child influencer law take effect?

May 7, 2025. The law was passed as H.B. 322 in the 2025 General Session and is codified at Utah Code §§ 34-23-501 to 504.

Does every parent who posts videos of their children have to set up a trust?

No. The trust requirement for social media content applies when the creator earned at least $150,000 in social media income in the prior year, the child appeared in at least 30% of the content, and the child's share of compensation reaches $20,000.

Is a child influencer trust divided in a divorce?

The trust belongs to the child. Parents cannot access the funds, so money properly deposited in the trust should not be divided as marital property. The parent's channel and remaining income can still be divided or counted for support.

Can my child have videos removed after turning 18?

Yes. A person who was a qualifying minor can ask the social media company to have the creator delete the post or edit out their content, and can sue a creator who refuses.

If Your Divorce Involves Content Featuring Your Children

Creator income, channel value, the children's trusts, and parenting plan terms all have to be addressed together. Contact Jeremy Miller at Pearson Butler to discuss how Utah's child influencer law applies to your family. See also Business Owner Divorce in Utah.