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
- 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.
- New Employment
- Decreased or Increased Income
- Increased Medical Needs
- Physical Custody Changes
- Emancipation of Your Minor Child
- 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.
- 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.
- 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.
- 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.
- 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.
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