In Utah, both parents are required to provide for children, regardless of whether they are married or not. When a couple gets divorced, both parents are legally required to financially support their child. Child support agreements can be some of the most contentious divorce agreements, which is why it helps to have an experienced family lawyer in Sandy.
Brown Family Law has over 150 years of combined legal experience and a deep familiarity with Utah family law. We have helped countless families navigate child support issues and can offer our knowledge and skills to resolve your family’s issue.
Contact our offices today to schedule a consultation with a child support lawyer in Sandy, UT.
Why You Need a Child Support Lawyer
Utah’s laws concerning child support are complex, and disputes may result in lengthy court battles. A family law attorney can provide legal support and leverage to ensure that each side pays a fair amount that is commensurate with their ability to provide.
More specifically, a Sandy child support lawyer can review support agreements, verify financial records and documents, represent you in hearings, and file petitions and motions to modify or enforce existing orders.
At Brown Family Law, our goal is to find smart solutions to divorce and family issues. We believe in strategic decision-making to reduce the chaos of family issues and help advocate for your cause.
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How Does Child Support Work in Utah?
Child support is typically established as part of larger divorce proceedings. When parents are unmarried, one parent can request support from the other by filing with the Utah Office of Recovery Services.
The point of child support is to ensure that both parents contribute to providing for the child. If there is a valid court order for child support and one party refuses to pay, it can result in legal consequences and punishment.
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How Is Child Support Calculated in Utah?
Utah uses an income shares model to calculate each parent’s child support obligation. Each parent’s child support obligation is determined by the proportion of income they provide to the household. Below is a general guide on how obligations are calculated.
(Note: Keep in mind that these steps are guidelines and that judges have some discretion over final amounts. Final obligation amounts can be more or less than what the guideline calculations suggest.)
Calculate Each Parent’s Gross Monthly Income
First, each parent must present their gross monthly income. This is equal to each parent’s total monthly income and includes normal work pay, bonuses, self-employment income, benefits payments, and any other type of regular income.
This value is then adjusted to account for any other obligations the parent may have, such as alimony.
Find Base Support Amount
Next, you combine both parents’ gross monthly income to get a total household income. The state takes this value and assigns a base support value that depends on the total combined income and the total number of children in the household.
This base support value is determined by the table found in Utah Code Section 81-6-304.
Calculate Each Party’s Obligation
Once the base obligation has been calculated, each parent’s individual obligation is calculated according to the proportion of total income they provide. For example, say Parent A contributes $4,000, and Parent B contributes $6,000. According to the support obligation table, $10,000 corresponds to a base obligation of $1,026 per month for one child.
If Parent B is the non-custodial parent, they are required to pay their 60% share ($615 per month) to Parent A, who holds primary physical custody. Parent A’s 40% share ($410 per month) is presumed to be spent directly on the child’s daily care.
Factor in Shared Expenses
After calculating each parent’s monthly contribution, shared expenses are accounted for. These include additional expenses that each parent might incur, such as medical insurance premiums or special medical expenses.
Modifying Child Support Orders in Sandy
Child support orders are legally binding, but they are not necessarily meant to be permanent.
There are two ways an individual can change an existing child support order:
- Motion to Adjust. A Motion to Adjust is quicker but limited in applicability. You can file a motion to adjust if the order has been active for more than three years and the ordered amount differs by 10% or more from the current statutorily defined table amount.
- Petition to Modify. A Petition to Modify can be filed if there has been a substantial change in material circumstances, such as one parent losing income or employment potential.
Contact a Sandy Child Support Attorney From Brown Family Law
Child support matters can raise thorny issues regarding each parent’s income and lifestyle, so it helps to have a lawyer on your side. A child support attorney can represent your interests, whether you are responding to a child support order or plan to request support.
Contact Brown Family Law online or call today to discuss your case with a child support lawyer in Sandy.