Since divorce often involves dividing up finances and property, it’s no surprise that child support can become a complex issue. In Utah, child support laws are governed by the Utah Code, which establishes guidelines for calculating how much support should be paid. However, because every family situation is unique, these guidelines may not always result in a fair or practical outcome. If you’re a divorced parent in Utah, it’s important to understand how child support is calculated and what your options are if you believe the amount you’re paying (or receiving) is unfair.
What’s the Incomes Shares Model?
It’s important for children to receive financial support from both parents. With this in mind, the state of Utah uses the Income Shares Model when determining child support payments. This model takes numerous factors into account, such as the income(s) of both parents and the number of children involved, to ensure that children receive the proper amount of child support from the non-custodial parent. In addition to its use in child support cases, this model has also been applied to other associated family law matters like alimony and retroactive payment determinations.
How the Amount of Child Support is Calculated
The calculation of child support can be complex but it is an important part of the process. Factors that affect the amount of child support one parent pays to another include who has legal guardianship, and what special needs the child(ren) may have. Things such as medical expenses, dental expenses, or extracurricular activities will be taken into account by courts when deciding on a suitable arrangement.
Both parties’ incomes must be accurately reported so that the court receives a full financial picture in order to make a fair determination in terms of a suitable sum for both parties. It doesn’t do anyone any good to withhold information about income earned. Although necessary for maintaining children’s standard of living, the process is emotionally taxing for all involved and should be handled carefully and respectfully.
How Long Child Support is Paid in Utah
Child support payments are typically required until the child(ren) reaches 18 years of age and may start having access to their own financial resources.
To ensure proper payments are made, it is important for both parties to understand the terms of each arrangement, as expectations can vary case by case. If a parent neglects to make their payments, their wages can be garnished to ensure financial support obligations for their child(ren) are fulfilled.
Parents may be able to openly communicate with one another regarding payments, but often it’s helpful to go through a mediator or a lawyer. It is also beneficial for each parent to keep accurate records of all payments made, both physical and electronic. Following these guidelines will help ensure that child support responsibilities are met in a timely manner.
Parents Can Modify Payment Agreements
More and more parents are considering alternatives to traditional child support these days, such as an agreement to pay until the child finishes college. Although arranged on a case-by-case basis, it is clear that there are numerous benefits to this kind of arrangement for both parents involved. If you want to seek changes to how child support is paid, you can ask for one of the following from the court:
- Motion to Adjust
- Petition to Modify
In order to qualify, you may need to ask for an increase of at least 10%, and the change may need to be in place for more than one year.
Always Consult with a Family Law Attorney
Understanding the complexities of Utah’s child support laws can be a daunting task, so it is advisable to consult with one of Rulon T. Burton’s family law attorneys if you have any questions. Child support regulations in Utah vary greatly depending upon your unique situation, and speaking with an experienced attorney ensures that you are receiving sound legal advice and accurate guidance. An experienced family law or child support attorney can provide clear answers to all relevant questions and help put your mind at ease. Consulting legal counsel is always the safest bet when considering important matters such as these, so don’t hesitate to reach out and make sure you’re on the right track.