What Are the Child Support Laws in Utah?

Like child custody, child support is often a hot topic in divorce cases in Utah. It’s best to address this issue clearly before you part ways with your spouse. It’s often difficult to have a practical discussion with your spouse when you are in the middle of a divorce.

But when it comes to child support payments, you have to find a solution quickly because it helps you avoid drawn-out and expensive litigation. Knowing the child support laws in Utah can help you reach an agreeable settlement quickly. That’s what we’ll cover in this blog post.

Let’s get started.

What Are the Child Support Laws in Utah

The child support laws in our state assure the well-being of children. If you are a non-custodial parent, you will be legally required to pay child support to the custodial parent. These payments will continue until your child turns 18 or completes high school.

The court will decide the amount of child support based on your and your ex’s income, child custody arrangements, and the total number of children. Child support laws apply equally to both parents, irrespective of their gender. In other words, women are required to pay child support if they are non-custodial parents.

How to Apply for Child Support in Utah

In Utah, you don’t have to apply for child support separately if you have already filed for divorce. In most cases, the court may pass a temporary child support order during the course of the divorce.

When your divorce gets finalized, the court will issue a final order as a part of your divorce decree. But if you are not married, you will need to work with the Utah Office Recovery Services (ORS) to receive or pay your child support.

When requesting child support, you will need to provide:

Your identification and employment proof.
Child support worksheet.
A written statement explaining if the child support you requested is below or more than Utah’s child support guidelines.
Provide proof of paternity if you are applying for support through ORS.

How Are Child Support Payments Calculated in Utah

Child support laws in Utah apply to both parents equally. When determining child support, the court will consider the gross monthly income of both parents and the number of overnights the child spends with each of them.

The model also considers:

1. Adjusted Gross Income (AGI)

AGI clearly establishes the overall earning capacity of both parents, making it easier to calculate child support payments. It includes your salary/wages, bonuses, and any other sources of income, such as investments or trust funds.

2. Imputed Income

If you aren’t working right now, the court will assign income to you based on your work history and employment opportunities. This income is usually based on a 40-hour work week. If you don’t have a work history, the court will calculate the imputed income at the federal minimum wage for a 40-hour work week.

But this may not apply if:

The custodial parent earns enough to cover the costs of childcare.
Your child’s physical or mental needs require the custodial parent to remain at home.
The parent cannot work because they are physically or mentally unstable.
They are still learning or developing basic job skills.

3. Base Combined Child Support Obligation

After determining the AGI and imputed income, the court will come up with a base combined child support obligation. Each parent is legally required to contribute to this obligation according to their AGI. If you make 30% of the AGI, your share will be 30% of the base child support obligation.

4. Adjustments Due to Additional Expenses

The court also factors into additional child-rearing expenses, such as healthcare, education, and childcare. Utah’s child support guidelines require both parents to provide healthcare insurance for their kids and equally share the cost of its premium (if paid out of pocket).

Can You Modify Child Custody in Utah

Like child custody, you can modify child support in Utah. That said, you can file a motion to adjust or a petition to modify your child support only if:

Your child custody arrangements have changed.
Three years have passed since the support order was established.
If the difference between the current child support and the proposed amount is at least 10%.
This difference is long-lasting, not temporary.
Your proposal is in line with Utah’s child support guidelines.
The child’s medical needs have changed.

That means your support payments can be modified if:

Your Circumstances Change

Sometimes, life can throw you a curveball. You may lose your job or might be required to relocate to a different city, state, or country. Your child may need medical support due to an illness or accident. These sudden and life-altering changes may require you to revise your child support payments.

You Remarry

If you or your ex gets married again, it may affect your child support arrangements. The court might evaluate your new household income and expenses and decide if your child support payments need adjustment.

Whatever the circumstances, when you want to modify your child support, consult a seasoned family law attorney in Utah first. A skilled attorney will evaluate your case and decide whether or not your changed circumstances qualify for a modification. Moreover, they will take care of all the legal paperwork and represent you during the hearing. We recommend speaking with an attorney as soon as possible.

Conclusion

If you are a non-custodial parent, you will need to pay child support to your ex, who has physical custody of your child. The court will use a standard formula to calculate your support payments based on your and your ex’s incomes, the number of your children, and custody arrangements. Remember, making a practical child support arrangement with your ex helps you manage expectations and avoid problems down the line.

We know it’s not easy to make this decision on your own, but Henriksen & Henriksen is here to help. We have helped many Utah parents apply for and modify their custody arrangements and child support. Please use our confidential form or call (801) 521-4145 to see how we can help.