Salt Lake City Child Support Lawyer
Handling Child Support Cases in Salt Lake City & Surrounding Areas
Whether you are going through a divorce or are an unmarried parent, child support is an important issue that will arise. You must understand that child support is not an attempt to punish you but to help support your child and ensure they have the resources they need to thrive. It is also important to remember that child support is not a “one and done” issue. It is an issue that can be revisited and modified as circumstances change. At Pearson Butler, we can help you understand the child support process and help you obtain a fair and just child support order.
Our child support lawyers in Salt Lake City are here to help you. Call (800) 265-2314 or contact us online to get started with an initial consultation.
How is Child Support Calculated in Utah?
Child support in Utah is calculated using a formula that takes into account several factors, including:
- Each parent’s gross monthly income
- The number of children
- Each parent’s percentage of the combined gross income
- Alimony being paid or received by either parent
- The number of overnight stays the children have with each parent
- Healthcare and childcare costs
It is important to remember that, even though the child support formula is the same for all cases, the way it is applied can vary from case to case. A judge has the discretion to deviate from the formula if they believe it is necessary.
Can Child Support Be Modified?
Child support can be modified as circumstances change. To request a modification, you must show that there has been a “substantial change in circumstances.” This means that the child support order must be at least 10 percent higher or lower than the current child support order. A substantial change in circumstances can include:
- A significant increase or decrease in income
- An increase or decrease in the number of children being supported
- A change in the child's needs
- A change in the cost of living
- A change in the child's health insurance coverage
- A change in the custodial arrangements
If you are seeking a modification, it is important to remember that the current child support order will remain in effect until the modification is granted. This means that you will still be required to make the required payments. If you are struggling to make payments, you should consult with an attorney to determine if you have grounds for a modification.
How Is Child Support Enforced in Utah?
If you are having difficulty obtaining the child support you are owed, there are several enforcement options available to you. The Child Support Services (CSS) division of the Utah Office of Recovery Services (ORS) can help you enforce a child support order. They can do this by:
- Withholding income
- Seizing tax refunds
- Seizing bank accounts
- Suspending driver’s licenses
- Reporting the delinquency to credit bureaus
- Intercepting lottery winnings
- Intercepting unemployment benefits
- Filing a lien on real property
- Filing a lien on personal property
- Filing a case in court
- Revoking a professional license
- Seizing assets
- Requesting a criminal nonsupport warrant
If you are not receiving the child support you are owed, you should consult with an attorney to learn more about your rights and options.
How Long Does Child Support Last in Utah?
Child support in Utah generally lasts until the child reaches 18 years of age. However, child support can be extended until the child reaches 21 years of age if they are attending school full-time and are in good standing. Child support can also be extended if the child has special needs.
Child Support & Taxes
Child support is not tax-deductible for the parent who is making the payments. It is also not considered income for the parent who is receiving the payments. This means that the parent who is making the payments cannot deduct the payments from their taxable income, and the parent who is receiving the payments does not have to pay taxes on the money they receive.
Do You Have to Pay Child Support If You Have Joint Custody in Utah?
Yes, you can still be required to pay child support if you have joint custody in Utah. The amount of child support you will be required to pay will depend on several factors, including each parent's income, the number of children, and the number of overnight stays the children have with each parent.
Contact us online or call (800) 265-2314 to schedule an initial consultation.