# Does Per Diem Count as Income for Child Support and Alimony? | Brown Family Law

In Utah, people get paid in all sorts of interesting ways.

Sometimes they get money. Sometimes they get benefits. Sometimes they get stuff.

And sometimes they get paid per diem.

Per diem, technically, is supposed to reimburse an employee for travel expenses, e.g.: food, hotels, gas, etc.

But, often, instead of spending money on per diem, an employee will “go cheap” and pocket the money.

So, while per diem is supposed to be reimbursement, it’s often a source of income.

**Per diem and [Utah divorce](/)**

When you get paid per diem and you get divorced in Utah, **do you count it as income when figuring out child support and alimony**?

The answer is: **probably, but not always**.

There’s a 2006 Utah Court of Appeals case that says per diem (and mileage) can be included as income when calculating child support and alimony.

Because of this case, our experience has been that Utah commissioners and judges **almost always** consider per diem to be income.

I say almost always because there is **one way of getting around this: show that per diem was actually reimbursement for travel expenses**.

If you can prove you didn’t go cheap and pocket per diem — instead, it was all used to pay travel expenses — , then the court may not include it as income, because it’s not income, because it’s actually expense reimbursement.

What do I mean by prove?

I mean you get all those travel expense receipts together (you probably turned them in to your company forever ago) and give them to the court to show you didn’t pocket your per diem.

So, go get those receipts.

**Call Brown Law**

If you find yourself facing a Utah divorce, please call **801.685.9999** for a legal in-person consultation, or use our [online scheduling tool](https://www.brownfamilylaw.com/contact-us/).

Child Support Blog Posts:    [![Child Support Services in Utah](https://www.brownfamilylaw.com/wp-content/uploads/child-support-services-in-utah-300x200.jpg)](https://www.brownfamilylaw.com/blog/child-support-services-in-utah/)

### [Child Support Services in Utah](https://www.brownfamilylaw.com/blog/child-support-services-in-utah/)

Parents in Utah may benefit from understanding more about some general information published by the Office of Recovery

[![You Should Know What Child Support Covers](https://www.brownfamilylaw.com/wp-content/uploads/you-should-know-what-child-support-covers-300x150.jpg)](https://www.brownfamilylaw.com/blog/you-should-know-what-child-support-covers/)

### [You Should Know What Child Support Covers](https://www.brownfamilylaw.com/blog/you-should-know-what-child-support-covers/)

When it comes to matters of child support, you and/or your former partner may have a variety of questions. Here is one

[![Calculation for Child Support Available in Utah](https://www.brownfamilylaw.com/wp-content/uploads/calculation-for-child-support-available-in-utah-300x187.jpg)](https://www.brownfamilylaw.com/blog/calculation-for-child-support-available-in-utah/)

### [Calculation for Child Support Available in Utah](https://www.brownfamilylaw.com/blog/calculation-for-child-support-available-in-utah/)

When you have a child and you are getting a divorce, the question of child support will come up. You and your spouse

[![Jail and Failure to Pay Child Support in Utah](https://www.brownfamilylaw.com/wp-content/uploads/jail-and-failure-to-pay-child-support-in-utah-300x200.jpg)](https://www.brownfamilylaw.com/blog/jail-and-failure-to-pay-child-support-in-utah/)

### [Jail and Failure to Pay Child Support in Utah](https://www.brownfamilylaw.com/blog/jail-and-failure-to-pay-child-support-in-utah/)

Although there are few people who question that parents have an obligation to support their children, there are a

---

Source: https://www.brownfamilylaw.com/faqs/does-per-diem-count-as-income-for-child-support-and-alimony/