How Child Support is Calculated in Utah
The Utah law states both parents should be able to sustain their children financially. The amount to be paid by both parents depends on; gross income of the parents, number of children and the custody arrangement. Child custody is based on guardianship arrangement and by formulas defined by the state of Utah. It is non-taxable revenue.
Utah Child Support Guidelines
The guidelines are just formula, however, parents are free to pay more, but not less, and the court must approve the amount. The court has legal rights to evaluate the amounts stated, if the child or the parent is utterly discriminated.
Firstly, you need to have the gross/imputed income of the parents. This includes; income from all the sources including salaries, rent, capital gains, social security bills and unemployment payment. There are excluded benefits such as; housing subsidies, welfare benefits and general assistance.
In situations where a parent doesn’t work purposefully to avoid making support payments, a court imputes income based on the past and current earnings of the parent.
You also need to factor in the amount of time each parent is going to spend with the child or children. This also depends on whether; sole custody, joint custody or split custody will be considered.
How to Calculate the Child’s Support
Monthly child support payments are deliberated by using a formula established by the Utah State Legislature. Things that are considered in determining the amount of child support payments include:/p>
The financial needs of the child, including education, day care, insurance or any special needs
The income and needs of the parent with custody of the child is also considered
The income and ability to pay off the parent who is paying child support
The child’s standard of living before any separation or divorce (although court’s typically understand that it is difficult to maintain the same standard of living)
We have Utah child support calculators on our site based on different custody situations:
- Utah Sole Custody Calculator
- Utah Joint Custody Calculator
Utah Split Custody Calculator
Utah Mother Obligation Calculator
Utah Father Obligation Calculator
Challenging the Amount
Occasionally, the sum of the amount specified by the rule or the way that amount is divided between the parents is unjust. Once you ask, the court will observe the following to adjust the amount either up or down:
standard of living and situation of the parent
relative wealth and income of the parent
the paying parent ability to earn
the receiving parent ability to earn
the ability of an incapacitated adult child to earn, or the child’s benefits
the needs of both parents and the child
the parents’ ages, and
Whether either parent supports others.
Where to Get Help with Child Support Issues
The Utah Department of Human Services Office of Recovery Services (ORS) provides child support services to Utah residents. ORS assists in establishing fatherhood, situate an absent parent, institute child support, modify child support and implement child support orders.
How to Change Child Support Order
Child support orders can be modified, however, the court must approve it. The court discourages constant changes by insisting the other party to show a change in circumstances. Court do not allow neglect of children and there are charges for law breakers. Typical changes that can result in modifications to a child support order include:
Receipt of additional income
Job change of either parent
Cost of living increases
Disability incurred by either parent
Increased needs of the child
It is also possible to get temporary modifications. Typical circumstances that require provisional modifications include:
The child has a medical emergency
The paying parent has a temporary inability to pay (loss of job or illness)
Temporary hardship of the recipient parent