Child Support Attorneys in Utah

Dedicated Legal Counsel to Protect Your Best Interests

Child support is a complex legal issue that often arises during divorce or separation. Whether you’re a parent seeking support or a parent obligated to pay, understanding your rights and responsibilities is crucial. At Pearson Butler, our experienced Utah child support lawyers can guide you through the process, ensuring that your child’s best interests are always at the forefront. We'll work diligently to achieve a fair and equitable child support arrangement that meets your family’s unique needs.

Contact our Utah child support attorneys at Pearson Butler for the help you need today.

Understanding Utah's Child Support Guidelines

In Utah, child support amounts are determined by a formula outlined in state law, specifically Utah Code Ann. § 78B-12-201. This formula takes into account several key factors:

• Parental Income: Both parents' income is considered, including wages, salaries, bonuses, and other forms of income, as outlined in Utah Code Ann. § 78B-12-202.
• Number of Children: The more children, the higher the potential child support obligation.
• Parenting Time Schedule: The amount of time each parent spends with the child(ren) influences the support amount, as detailed in Utah Code Ann. § 78B-12-203.

Complexity of Child Support Calculations

While the formula may appear straightforward, calculating child support can be complex. Several factors can complicate the process:

• Income Imputation: If a parent is underemployed or unemployed, the court may impute income, meaning they estimate what the parent could earn, as per Utah Code Ann. § 78B-12-202.
• Self-Employment Income: Determining accurate income for self-employed individuals can be challenging and often requires careful analysis of financial records.
• Non-Monetary Contributions: The value of non-monetary contributions, such as in-kind support or childcare, may need to be considered.
• Special Needs Children: Additional expenses related to a child's special needs can impact the child support amount.

When Should the Child Support Obligation Begin or End in Utah?

In Utah, a child support obligation typically begins when a child is born or when paternity is legally established. It ends when the child turns 18 or graduates from high school, whichever comes later.

However, there are some exceptions:

• Disabled Children: If a child is disabled and unable to support themselves after turning 18 or graduating high school, the court may order continued child support.
• Emancipation: If a child becomes emancipated before turning 18 (e.g., by marrying or joining the military), the child support obligation may end.

Struggling to Collect Child Support? Here's What You Can Do

Utah child support lawyers remind parents their need to provide emotional and financial support for their children. Across the country, divorce lawyers rely on statutory formulas to calculate child support obligations. The divorce process in Utah can be complicated. All too often, though, a parent fails to pay child support in Utah. The following guidelines below can help a parent enforce child support obligations against a non-paying parent:

• Child Support Recovery Act: the Child Support Recovery Act criminalizes a parent who is financially obligated to pay child support but owes over $5,000 or is over 1 year behind in child support payments.
• Criminal Contempt: a parent who is required by law to pay child support but willfully refuses to do so can be sentenced for criminal contempt.
• Civil Contempt: a parent who is required by the court to pay child support and can pay it but refuses to do so can be forced to pay up or get incarcerated.
• Tax Refund: the State of Utah can garnish tax refund proceeds of the person who is obligated to pay child support and owes $500 or more in back child support.
• Wage Garnishment: an employer can be forced to garnish wages from the person who is obligated to pay child support.
• State Licenses: renewal of professional licenses and drivers’ licenses can be contingent upon the person who is obligated to pay child support.

Why You May Need a Utah Child Support Attorney

An experienced child support lawyer can help navigate the complexities of Utah's child support laws, including the specific statutes mentioned above. Our legal team can:

• Accurately Calculate Income: Ensure that all sources of income are properly accounted for and that income is imputed appropriately.
• Identify Relevant Factors: Consider all relevant factors, such as health insurance costs, childcare expenses, and educational costs.
• Negotiate a Fair Agreement: Work with the other parent to reach a fair and equitable child support agreement.
• Represent You in Court: Advocate for your best interests in court if necessary.

Can Child Support Be Modified in Utah?

Yes, child support can be modified in Utah. To request a modification, you must show that there has been a “substantial change in circumstances.”

• 3 Years or More: If the current order is 3 or more years old, there must be a 10% or more difference between the current and proposed support amounts.
• Less Than 3 Years: The order can be modified if there's a material change in circumstances, such as:
  • Change in custody
  • Significant change in income or assets
  • Change in the child's needs
  • Change in healthcare costs
  • Child's emancipation

Is Child Support Required in a Utah Joint Custody Arrangement?

Yes, you may still have to pay child support even if you have joint custody in Utah. While joint custody can reduce the amount of child support, it doesn't necessarily eliminate it entirely.

Here's why:

• Shared Responsibility: Both parents are responsible for the financial support of their child(ren), regardless of the custody arrangement.
• Child's Needs: Child support is calculated based on the child's needs and both parents' incomes. Even with joint custody, there may be disparities in income, leading to one parent paying child support to the other.
• Custody Arrangement: The specific custody arrangement, including the number of overnights each parent has with the child(ren), can significantly impact the child support calculation.

Schedule a Consultation

Determining child support can be complicated. You need to be certain that your interests are well protected and that any disputes are resolved in such a way as to protect your financial security and your children’s well-being. With extensive family law experience, the team at Pearson Butler is qualified to handle your support matter with the care it deserves.

Our Utah child support lawyers at Pearson Butler serve the entire state and is standing by to help you. Call (800) 265-2314 now!