Child Support

Compiled by Cory R. Wall

2168 Fort Union Blvd. Salt Lake City, Utah 84121   -   Phone: 801-274-3100   -   Fax: 801-365-8223   Firm Contact

In the context of a divorce or paternity proceeding, the court requires the parents to provide financial support for the children which is done through a child support order.  The child support is set using the Utah Uniform Child Support Guidelines contained in UCA 78-45-7 and is detailed at the bottom of this article. 

Child support is based upon parents’ gross monthly incomes.  (Proof of income in required in the form of pay check stub showing current income along with most recent tax return to submit the final decree of divorce or paternity.) The gross monthly income is income received from the parent regular full time employment.  In situations where one or both of the parents are unemployed, the courts may actually impute or attribute income to that parent based upon his/her earning potential.  The court will generally impute the minimum of federal minimum wage to the unemployed parent.  Earnings potential can be based upon the analysis of historical wage or income history, education and work experience.   

Child support varies based upon the number of children and is also affected by the type of physical custody of the case.  In cases where one of the parents is awarded primary physical custody, the child support paid by the non-custodial parent will be greater than in cases where parents have shared or joint custody arrangement.  In the state of Utah child support is determined from what is termed a “child support calculator”.  Figures are plugged in to the calculator and a total monthly figure is determined and set.  The figures plugged in gross income, number of children, and type of custody.  The maximum combined is $10,000 per month.  If combined income exceeds the guideline amount then it is left to the discretion of the court to determine the child support.  Factors taken in consideration will be special needs of the children; standard of living enjoyed had the parents stayed together.

Child support is payable until a child turn eighteen or graduates from high school, which ever is later.  In cases involving multiple children, as each child turns eighteen or graduates from high school the child support is re-calculated based upon the remaining number of minor children.   An exception to this would in situations where there is a child with special needs which may require the payment of support well into adulthood. 

The parents are generally required to share all out of pocket medical expenses that usually includes, co-payments and payments toward deductibles toward health insurance coverage.  Where one or both of the parents are able to obtain health insurance coverage for the children at a reasonable cost, the maintaining of said coverage is usually ordered by the court with the parents being required to sharing equally in the children’s portion of the health insurance premiums.  Where the non-custodial parent is the one maintaining insurance the sharing or reimbursement from the custodial parent is done simply by deducting it from the child support obligation.

Parents are also required to share all out of pocket work or education related child care expenses.   Health insurance premium, medical (including dental and optical) expenses and child care expenses are in additional to the base child care support.    When a parent pays a medical expense they are required to provide written proof of payment to the other parent within 30 days of payment of that expense.  Subsequently, the other parent is required to provide one half reimbursement of that receipt within 30 days of receiving proof of payment.  With respect to reimbursement of child care expenses, the parent who incurs that expense is required to provide notification to the other parent of the name and location of the child care provider, the monthly child care cost and proof of amount incurred each month.  Once the non-custodial parent has been provided this information he or she is then required to provide monthly reimbursement for one half of the total cost to the other parent.  The parent that incurs that cost doesn’t have to provide proof every month, but the non-custodial parent has a continuing obligation while child care services rendered to maintain monthly reimburse.  The non custodial parent has the right to request proof of child care costs at any time to verify expenditures.  The custodial parent to immediately notify the non-custodial parent of any change in the child care provider or child care cost. 

Extended Visitation Reduction in Child Support

The non-custodial parent is entitled to a reduction in his child support obligation of 50% whenever he/she has the children for any 25 days of any 30 consecutive day period.   A reduction of 25% whenever he/she has the children for any 12 days of any 30 consecutive day period.    The Utah Annotated Code detailing this reduction is below: 

78-45-7.11.   Reduction for extended parent-time.
     (1) The base child support award shall be:
     (a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or
     (b) 25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.
     (2) If the dependent child is a client of cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program, any agreement by the parties for reduction of child support during extended parent-time shall be approved by the administrative agency.
     (3) Normal parent-time and holiday visits to the custodial parent shall not be considered extended parent-time.

Taxes

Another issue that the court will address during your divorce or paternity proceedings is the award of the child dependent tax exemptions.  The court will usually consider which parent is providing the bulk of financial support for the children and which parent will gain the greatest relative tax benefit by claiming the child/children for tax exemption.  If both parents are employed, the courts will usually allow the parties to share the exemptions in some fashion by alternating years or in cases with multiple children by dividing the number of children they each get to claim.  A parent that is order to pay child support will not be allowed to claim the tax exemption unless he/she is current in their child support payments for the tax year you want to claim. 

ORS – Utah Office of Recovery Services

The payment of child support is required to be made pursuant to what is called a wage withholding order which is administrated through the Utah Office of Recovery Services (ORS).   Mandatory income or wage withholding may be waived in certain circumstances where the payor is self-employed or the parties mutually agree to waive it.  If it is waived then there is usually a provision where the payee has a right to go to ORS for assistance to recover the past due and ongoing child support through ORS.   

Child Support Modification

Even though a divorce or paternity decree may set a child support amount, that amount is not necessary permanent.  The court retains what is called continuing jurisdiction to modify certain provisions in such decrees.  One of these is the amount of child support.  In situations where there has been a significant increase/ decrease or loss of income by one or both of the parents the court may modify the child support amount based upon that change in circumstances.  There are two circumstances to where child support may be modified.  First, incases where it has been more than three years since the child support was first established or last modified if the change in the parties’ incomes results in a change of the child support amount of more than 10% then the court more modify the support amount accordingly.  In cases where it has been less that 3 years there is threshold of 15% change to mandate a child support modification.   

In order to obtain a modification, a petition to modify the existing child support order has to be filed with the court as a new proceeding.    It is prudent to hire an attorney to assist you in this modification.  In your original divorce/paternity decree it is recommended that the parties be required to exchange yearly tax returns on an annual basis. 

If you are in a circumstance where you loss your job, you are still on the hook to pay your monthly child support until the court modifies your support amount.  It is critical to keep paying your child support during this time, but in modifications preceding you can make a request to the court of a temporary reduction in the child support while waiting for you’re the final determination on the petition to modify. 

During a modification, if you have remarried your spouse’s income is not considered as part of the proceedings.  Consult an attorney at Wall and Wall to assist you in these matters. 

There are many important provisions to include in your decree of divorce or paternity and it is imperative that you receive legal counsel to ensure that all pertinent issues are covered and that the language is strong and appropriate to protect your long term interests. 

If you have any questions about this page, please email Cory at cory.wall@walllegalsolutions.com

To make a free 30 minute initial consultation with Cory R. Wall email or please call (801) 274-3100. For additional information about Cory R. Wall