Salt Lake City Child Support Attorney

Fighting for Clients Throughout Salt Lake County & Draper

Child support is an extremely important consideration for almost everyone who divorces with children. Planning for life after divorce requires an accurate assessment of what you can expect to pay or receive. In addition, ensuring that the child support order in your case is fair may require careful financial analysis as well as strong knowledge of the relevant Utah laws and guidelines.

To speak with an experienced Salt Lake City child support lawyer, give us a call at (801) 901-8159 or contact us online today.

How Do They Calculate Child Support in Utah?

Child support refers to the financial contributions one parent makes to the other for the care and upbringing of their child. Utah uses a guideline formula to calculate child support obligations. This formula takes into account a variety of factors, including:

• Income of both parents: The court will consider the income of both parents, including wages, bonuses, and other sources of income.
• Custody and visitation arrangements: The amount of time the child spends with each parent can impact the support calculation. The parent with less custody time typically pays more child support.
• Number of children: The more children involved, the higher the total amount of support required.
• Other children and financial responsibilities: If either parent has other children they support, this can affect the child support calculation.

The court may also take into account any special needs of the child, including medical or educational expenses, as well as any significant differences in the living situations of each parent. A Salt Lake City child support attorney can assist you with determining the amount of support you should expect to pay or receive and help advocate for a fair outcome.

What is Child Support Supposed to Cover in Utah?

In Utah, child support is designed to cover a variety of expenses necessary for the well-being and upbringing of a child. The primary purpose of child support is to ensure that both parents share the financial responsibility for their child's needs. 

Generally, child support payments in Utah are meant to cover:

• Basic Needs: This includes food, clothing, and shelter for the child.
• Healthcare Expenses: This can involve medical, dental, and vision insurance, as well as out-of-pocket medical expenses.
• Childcare Costs: If both parents are working or attending school, child support can cover daycare and babysitting costs.
• Educational Costs: Child support can help pay for educational expenses, including tuition, books, and supplies for the child.
• Extra-Curricular Activities: Costs for activities like sports, music lessons, or other hobbies may also be included, depending on the child’s interests and needs.
• Special Needs: If the child has special medical or educational needs, additional costs for treatments, therapies, or specialized care may be covered under the child support arrangement.

Ultimately, child support is intended to ensure that the child’s basic needs are met and that both parents contribute fairly based on their financial resources. The specific coverage may vary depending on the circumstances, and our Salt Lake City child support attorney can help clarify the scope of support in your case.

What is Included in Calculating Child Support in Salt Lake City?

You can see a full list of what is included in calculations of child support in Utah Code § 78B-12-203 (2020). In general, the following will be included:

• Salaries and wages
• Bonuses
• Overtime pay
• Income from a trust
• Pension or retirement plan payouts
• Military pay
• Alimony received
• Social Security benefits
• Rents received
• Unemployment compensation
• and more

How to Modify Child Support?

In the aftermath of a divorce or paternity/custody case, change is inevitable. In some cases, it may be necessary for one of the parents to request a modification to the child support amount. In Utah, you can only request a change in the amount of child support if the difference between the current child support amount and the proposed amount is at least 10% (or 15%- see below). Changes can only be made if the change is not temporary. For the purposes of child support, a temporary change is one that is expected to last less than one year.

When seeking a modification to child support in Salt Lake City, a person can file a Motion to Adjust or a Petition to Modify.

• A Motion to Adjust: Child support can be adjusted by motion if it has been three or more years since the initial court order and: 
  • There is a difference of 10% or more between the original amount and the support amount required under the guidelines, and 
  • The difference will not be temporary, and 
  • The child support amount is consistent with the statutory guidelines 

If any of these things are missing from your case, you will have to file a Petition to Modify instead.

• A Petition to Modify: Child support can also be modified by petition under limited circumstances. If it has been three or more years since the original child support order, there must be a 10% difference between the original amount and the proposed amount of child support under the child support guidelines. For a Petition to Modify, the proposed amount does not have to be consistent with the guidelines under the law. If it has been less than three years since the original court order, there must be at least a 15% difference in child support between the original amount and the proposed amount under the guidelines. In these cases, the petitioner must also show that there has been a material change in circumstances, such as: 
  • Child Custody issues
  • The relative wealth or assets of the parties involved 
  • The income of a parent (30% change or more) 
  • The employment potential and ability to earn the parent 
  • The medical needs of the child 
  • The legal responsibilities of the parent to support others 
  • The availability or cost of health insurance or health care coverage 
  • The emancipation of the child

Schedule a free case evaluation with our child support attorney in Salt Lake City. Contact us online or call (801) 901-8159

Does Signing Over Parental Rights Stop Child Support in Utah?

Yes, in Utah, terminating parental rights means you no longer have a legal obligation to pay child support. This law is because termination of parental rights means you no longer have a legal responsibility to support your child financially or otherwise.

The State of Utah will enforce this obligation on any non-custodial parent. When the physical custody of a child changes, the State of Utah may enforce the obligation of child support against the other parent (or parents) without modifying the child support order.

At What Age Does Child Support End in Utah?

In Utah, child support typically continues until the child reaches the age of 18. However, if the child is still attending high school at the time they turn 18, child support may continue until the child graduates or turns 19, whichever comes first. In addition, there are specific situations where child support obligations may extend beyond the age of 18, such as if a child is physically or mentally incapacitated.

Understanding High-Income Earner Child Support Cases

High-income earner child support cases can be complex and require a deep understanding of Utah's child support laws. If you are a high-income earner or are dealing with a high-income earner in a child support case, it's crucial to have a knowledgeable and experienced child support attorney on your side. Emy A. Cordano Attorney at Law specializes in handling high-income earner child support cases in Salt Lake City and the surrounding areas.

When it comes to high-income earner child support cases, there are unique factors that need to be considered, such as:

• Income beyond standard guidelines
• Complex asset and property division
• Tax implications
• Spousal support considerations

Our legal team has the expertise to navigate the complexities of high-income earner child support cases and ensure that your rights and financial interests are protected. Contact us today for sound legal counsel and representation in your high-income earner child support case.

Maximizing Child Support for High-Income Earners

When it comes to child support cases involving high-income earners, the calculations can be complex and require a skilled attorney to ensure that the best interests of the child are met. Our Salt Lake City child support attorney has extensive experience in handling high-income earner child support cases and can provide sound legal counsel to help you navigate through the process.

Factors that may impact child support for high-income earners include:

• Income from multiple sources
• Bonuses, commissions, and other variable income
• Investment income and assets
• Standard of living for the child

By working with our experienced attorney, you can maximize the child support payments to ensure that your child's needs are met and their best interests are protected.

Your Resource For Sound Legal Counsel on High-Income Earner Child Support Cases

Many people require legal representation to resolve child support issues after or outside of divorce. I can serve as your Salt Lake City child support lawyer whether you are facing a paternity suit, an ORS suit, a divorce, need to pursue enforcement of your order against an uncooperative parent, or believe a change in circumstances justifies a child support modification.

Utah child support orders are based on a formula that takes both parents’ gross incomes, the number of children, and time spent with each parent into account. However, many situations call for more than running numbers through a child support calculator. High-income earning parents have unique challenges. 

My experience and proven capabilities extend to:

• Conducting investigations to expose hidden or unreported income that must be accounted for within the child support order
• Protecting child support payers from excessive orders by properly documenting self-employment costs or other business expenses
• Negotiating and litigating upward deviations from child support guidelines to address special needs children and other unique circumstances
• Navigating all steps to successfully petition for child support modifications necessitated by a job loss, job change, major change in children’s needs, or other events
• Pursuing paternity claims and appropriate child support orders for unmarried mothers

Our Salt Lake City Child Support Attorney Can Help

Not all Salt Lake City area family lawyers handle child support enforcement cases. Still, it is an apparent strength at Emy A. Cordano, Attorney at Law.

With the DHS Office of Recovery Services taking tens of thousands of support claims each year, putting me on your family law case can dramatically increase your likelihood of success in resolving this serious problem. 

To speak with an experienced Salt Lake City child support lawyer, give us a call at (801) 901-8159 or contact us online today.

Commonly Asked Questions

Is Child Support Negotiable in Utah?

In Utah, child support is primarily determined using state-mandated guidelines, which factor in both parents' incomes, the number of children, and other relevant factors. However, in some situations, child support may be negotiable, especially when the parents reach an agreement outside of court. If both parents agree to a child support arrangement, they may be able to negotiate the amount, but it must still be reviewed and approved by the court to ensure that it meets the child's best interests.

Who Pays Child Support in 50/50 Custody in Utah?

In Utah, child support is determined based on several factors, including the amount of time each parent spends with the child and each parent's financial situation. In a 50/50 custody arrangement, where both parents share equal time with the child, child support is still typically required, but the amount may be adjusted if one parent earns significantly more than the other.