How to Calculate Child Support in a Utah Divorce

Figuring out child support during a divorce can be one of the trickiest parts, especially when you’re juggling emotions and trying to plan for your kids’ future. 

If you’re feeling unsure about how these calculations work in Utah, you’re not alone. Whether you’re aiming for an agreement or heading to court, it helps to understand the formula behind how child support is calculated in Utah. 

Let’s walk through the steps together so you can make informed decisions for your family. 

The Basics of Child Support in Utah

Utah uses something called the Income Shares Model to calculate child support amounts in Utah. The courts assume that divorcing parents share responsibility for their kids and the kids should get the same level of financial support they would have if the parents stayed together.  

The formula considers:

1) Gross Income for Both Parents  

Gross income refers to the parents’ total income before taxes and other deductions. Utah considers various income sources, including:  

• Salaries or hourly wages  
• Bonuses and commissions  
• Self-employment earnings  
• Disability or Social Security benefits  
• Workers’ compensation  
• Rental or investment income  

If a parent is unemployed or earning significantly less than they could, the court might assign an income based on their potential earnings (called imputed income) to prevent an artificially lower Utah child support payment. 

2) Number of Children  

The more children a family has, the higher the financial obligation. Child support payments increase to account for the additional costs associated with raising multiple children.  

3) Parenting Time (Overnights)  

Parenting time influences Utah child support calculations. Utah recognizes three custody arrangements: 

• Sole Physical Custody: One parent has the kids most of the time, while the other has scheduled visitation.  
• Joint Physical Custody: The kids spend at least 111 nights a year with each parent.  
• Split Custody: Each parent has primary custody of at least one child.  

The more time a parent spends with the kids, the less they may pay in child support. Utah uses a formula to adjust payments based on the number of overnights each parent has with the kids.  

For example, if Parent A has the kids 200 nights a year and Parent B has them 165 nights, Parent B might pay less child support because they’re spending more time (and money) directly on the kids.  

Example Calculation  

Let’s understand child support payments with a hypothetical scenario:  

• Parent A’s Income: $4,000/month  
• Parent B’s Income: $2,000/month  
• Combined Income: $6,000/month  
• Number of Kids: 2  

According to Utah’s child support laws, the total child support obligation for two kids at this income level might be $1,200/month (this is just an example; actual amounts vary).  

• Parent A’s Share (70%): $840/month  
• Parent B’s Share (30%): $360/month  

If Parent A has sole physical custody, Parent B would likely pay $360 in Utah child support payments. If they have joint physical custody, the numbers might be adjusted based on how much time each parent spends with the kids.  

Special Considerations  

Sometimes, additional factors can affect child support:  

• Health Insurance: Utah requires parents to share the cost of health insurance for their kids. The parent who pays for it can get credit toward their child support obligation.  
• Childcare Costs: If one parent pays for daycare or after-school care, those costs are also divided between the parents based on their income percentages.  
• Extraordinary Expenses: If your kids have medical, educational, or other special needs, those costs might be factored into child support.  

Modifying Child Support  

Life changes. You may lose your job, get a raise, or your kids’ needs might change. If something major happens, you can request a modification to the Utah child support payment.  

In Utah, you can ask for a change if:  

• It’s been at least three years since the last order, and the new calculation differs by 10% or more.  
• There’s been a significant change in circumstances, like a job loss, a new baby, or a change in custody.  

To request a modification, you’ll need to file paperwork with the court and provide proof of the change in circumstances.  

What Happens If Someone Doesn’t Pay?  

Child support is a mandatory obligation, not a choice. If payments stop or are inconsistent, the receiving parent has several options to enforce the order and recover unpaid support.  

In Utah, you can petition the Office of Recovery Services (ORS) to collect overdue child support.

• Wage Garnishment: The ORS can deduct child support directly from the non-paying parent’s paycheck.  
• Tax Refund Interception: Federal and state tax refunds can be seized to cover unpaid child support.  
• Asset Seizure: Bank accounts and other assets may be frozen or confiscated to satisfy the owed amount.  
• License Suspension: Driver’s licenses, professional licenses, and even recreational licenses (like hunting or fishing) can be suspended until payments are made.  

If the issue persists, more severe consequences can follow, such as contempt of court charges or other legal penalties. However, these steps are usually a last resort.  

For the paying parent, falling behind on child support doesn’t have to spiral out of control. You can easily request a modification of the child support order through the court. This process adjusts the payment amount to reflect your current financial situation, but it won’t reduce or erase past-due amounts.  

Tools to Help You Calculate Child Support  

You don’t have to figure this out on your own. Utah offers resources to help parents calculate child support, including:  

• Utah Child Support Calculator: Available online, this tool lets you plug in your numbers to estimate child support. Just make sure you have accurate income information and parenting schedules handy.  
• Family Law Professionals: If things feel complicated, consider consulting a child support lawyer Utah. They can help clarify the specifics of your situation and guide you through the process. 

Conclusion 

Calculating child support in Utah isn’t as complicated as it might seem at first. By understanding the steps and using available resources, you can get a clear idea of what to expect. Remember, child support is about making sure your kids are taken care of, no matter what changes happen in your family. 

Do you have more questions about calculating child support? Talk to the child support attorneys at Henriksen & Henriksen. With over 60 years of experience, we offer personalized legal services tailored to your unique situation. Schedule your free consultation today!