As child support lawyers based in Salt Lake City, Utah, we often receive questions from parents who are going through a divorce or separation, or who are trying to ensure that their child is receiving the financial support that they need. Child support can be a complex and emotionally charged issue, but it’s important to understand the legal framework that governs it in Utah.
The child support attorneys at the Law Office of David Pedrazas have the skill and experience necessary to help you implement, modify and enforce your child support order in Utah. If you are a divorced or single parent facing child support issues, you need an aggressive family law attorney to make sure both you and your children receive the financial support you deserve to feel safe and secure.
Contact the law offices of David Pedrazas today for your no-obligation child support evaluation.
Frequently Asked Questions About Utah Child Support
In Utah, child support also known as child support arrears is established during separation, as a mandatory order of divorcing parents, or when the Utah Office of Recovery Services (ORS) issues a financial support order after parentage is determined. Non-custodial parents are bound by a legal obligation to furnish child support for each of their legal children until the child turns 18 years old or upon completion of high school, with the exception of emancipated minors who are legally recognized as independent adults.
There are a number of different factors that the court will take into consideration when determining child support. The court will require each parent's adjusted gross income including income from salary, unemployment benefits, social security income, and bonuses. Other forms of income like retirement, trusts, investments, and alimony from a previous marriage will all be considered when calculating child support.
While income will help determine the amount of child support, there are many other factors that may also impact the court's final decision. The amount of time each parent spends with the children will also influence the court. Child support deliberations will also be adjusted to compensate for the following:
- The number of children will increase the required child support amount. A Parent is free to pay more than the calculated amount but, by law, may not pay any less than stated in the order.
- Medical care for the children, to include special needs care, is to be shared equally by both parents. Medical expenses include deductibles, copayments, the children's portion of the premium and other uninsured medical expenses.
- Work-Related Childcare expenses will also be shared equally by both parents.
- Tax exemptions for dependent children are awarded by the court based on each parent's contribution to the cost of raising the child along with other factors.
Utah Code Section 78B-12-301 is Utah's child support guideline table used to determine a parent's child support obligation based on an established formula. The Utah Department of Human Services offers parents an interactive child support calculator to help parent's estimate child support obligations.
If there have been significant circumstantial changes since your child's original order for child support was entered, you have the right to petition the court for an increase or decrease in the amount of child support. Modifications to the order may be requested after three years from the original filing date. Utah courts have an obligation to review and amend child support orders that are in the best interests of your children. Here are the most common reasons a parent may request a change in their child support arrangements:
- New Employment
- Decreased or Increased Income
- Increased Medical Needs
- Physical Custody Changes
- Emancipation of Your Minor Child
Governed by the courts, child support payment, and scheduled parent time arrangements must be obeyed by all parties. Arrangements for payments can be established between the parents as per the court order or may be enforced by the Office of Recovery Services (ORS), a division of the Utah Department of Human Services. Both federal and state law requires ORS to provide the following services:
- Impose Liens and Levying - ORS has the authority to impose liens and levying upon money, property, and assets for child support in arrears.
- Income Withholding - Requiring an employer to deduct child support arrearage from earnings.
- Working With Other States - If the paying parent moves out of state, ORS will work with other states to collect child support.
- Reporting Overdue Payments - It is possible to incur punishment for overdue child support payments by reporting the offense to major credit bureaus.
- Filing a Lawsuit - The courts may intervene by entering a judgment against the paying parent with fines, jail time and driver's license suspension.
- Intercepting Money - Federal and state money, including income tax refunds and lottery winnings, may be intercepted by ORS to be awarded as child support payments.
When a noncustodial parent’s adjusted gross income is limited, the court may use the low-income table to calculate the amount of child support the noncustodial parent must pay. A judge will need to review the amount of child support calculated and determine that the amount is in the child’s best interest. In a particular case, the minimum child support amount in Utah is based on this calculation. For the general table of child support amounts based on combined income, see Utah Code 78B-12-3.
You can reach the Office of Recovery Services directly for information about child support payments. To contact the ORS child support department, call (801) 536-8500. Set an appointment to meet with a caseworker to get answers to your questions about receiving or paying child support or other help with your case.
The court order or divorce decree handed down by the judge at the time of the divorce is the usual legal instrument for conveying the decision on child support. That order dictates the date and amount of child support payments to be made by the noncustodial parent.
The judge may hand down orders for other stipulations regarding child support as well. For example, an order may stipulate how the parents have agreed that child support payments will be delivered. Or, a stipulation may be ordered for the non-custodial parent to request that their employer withhold and submit child support payments directly to the ORS.
Consult with an experienced Utah child support attorney for information on the role of the ORS in your child support matter.
The Utah statute of limitations for unpaid child support is the date that the youngest child named in the child support order reaches adulthood plus four years. The exception is in a case in which a sum-certain judgment has been issued, which means the amount owed is not legally disputable.
Even a parent who is unemployed may be required to pay child support. The court can determine that the parent can earn a certain amount of money per month. The judge will therefore arrive at an assumed amount of income the parent can earn. Typically, the calculation is based on a work schedule of 40 hours per week.
Discuss how much you will be required to pay your ex-spouse for child support with joint custody, if any, with your Utah child support attorney. The visitation schedule and the order for sharing physical custody will impact child support. Here are a few possibilities:
- Joint Physical Custody: Your child(ren) will stay a minimum of 111 nights per year at each parent’s home.
- Sole Physical Custody: Your child(ren) will stay more than 225 nights per year in one parent’s home.
- Split Custody: Some of your multiple children live with one parent, and some live with the other.
It can be extremely frustrating and overwhelming when the paying parent stops making their court-ordered payments. Here are some steps you can take to enforce the child support order and ensure that you receive the financial support you and your child(ren) in Utah are entitled to.
- The first step is to contact your state's child support agency or your attorney, who can assist you in filing a complaint or petition to enforce the child support order. This may involve seeking a court order for the payment of arrears (past due payments) or wage garnishment.
- It is important to note that if the paying parent is experiencing financial hardship, such as a job loss or medical emergency, they may be able to request a modification of the child support order. However, this does not excuse them from making payments until the modification is approved by the court.
- In addition to legal action, you may also be able to utilize other resources to collect child support payments, such as intercepting tax refunds or suspending the paying parent's driver's license. These options may vary depending on your state's laws and regulations.
As a parent who pays child support, you may be concerned about whether the money you pay is being used appropriately for your child's needs. While you don't have control over how the other parent spends the money, here are some steps you can take to ensure that the child support payments are being used as intended.
- One of the best ways to ensure that the child support payments are being used appropriately is to set up a formal agreement with the other parent. This agreement should be in writing and include details about how the child support payments will be used, such as for housing, food, clothing, and education.
- In addition to a formal agreement, you can also ask the other parent to provide receipts or other documentation for expenses related to your child's needs. This can include receipts for things like groceries, school supplies, and clothing.
- Another option is to work with a third party to manage the child support payments. This can include working with a mediator or hiring a financial planner to help manage the payments and ensure that they are being used appropriately.
Collecting child support can be a challenging process that may require legal intervention. If you need help collecting child support, here are some steps you can take:
- Contact Your Local Child Support Agency The first step in collecting child support is to contact your local child support agency. They can assist you in locating the other parent, establishing paternity if necessary, and obtaining a child support order. They can also help you enforce the order if the other parent fails to pay.
- Seek Legal Assistance If your local child support agency is unable to assist you, or if you need additional legal advice, you may want to consider seeking legal assistance. A family law attorney can help you navigate the legal system and ensure that your rights are protected.
- File a Motion for Contempt If the other parent fails to pay child support, you may be able to file a motion for contempt with the court. This motion asks the court to hold the other parent in contempt of court for failing to pay child support. If the court finds the other parent in contempt, they may be subject to fines, wage garnishment, or even jail time.
- Consider Collection Agencies In some cases, you may want to consider hiring a collection agency to help you collect child support. These agencies use various methods to collect the money owed, including wage garnishment, bank levies, and asset seizure
Have More Questions on Child Support in Utah?
While our compassionate child support attorneys encourage parents to work together to acknowledge and establish a child support arrangement for the best interest of their children, we understand that sometimes you may need some help. The Law Office of David Pedrazas will guide you through the legal process to set fair child support orders, help you file for a modification, or aggressively pursue child support enforcement to protect your legal rights and your children’s best interests.
For help with a child support problem, call the Law Office of David Pedrazas, PLLC at (801) 263-7078, or contact us online to set a time to discuss your situation.
North Salt Lake
Woods Cross
South Salt Lake City
Salt Lake City
Millcreek
Holladay
Taylorsville
Kearns
West Valley City
West Jordan
South Jordan
Cottonwood Heights
Murray
Sandy
Draper
Herriman
Riverton
Woods Cross
South Salt Lake City
Salt Lake City
Millcreek
Holladay
Taylorsville
Kearns
West Valley City
West Jordan
South Jordan
Cottonwood Heights
Murray
Sandy
Draper
Herriman
Riverton
