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How is Child Support Calculated?

Child support lawyer Ken Peterson at Northern Utah Law knows Utah law and is proficient in economics. Ken closely reviews your finances and those of your spouse to determine the likely results of your case based on Utah’s guidelines. He is also adept at uncovering income your former spouse or partner may be hiding and identifying special circumstances that may justify a departure from the guidelines.

With Ken’s extensive knowledge and commitment to his clients throughout Northern Utah, he can help you obtain the resources you need for the welfare of your children.

How Child Support Works

Child support is generally ordered by the court when a child lives with only one of the parents. All states have guidelines by which courts determine child support. These guidelines usually take into account one or both parent’s net monthly income and may also address other domestic obligations, such as alimony. Child support guidelines are not an exact method of calculating child support in every situation, and parties can seek exceptions to the guideline amount due to special circumstances:

• High-income disparity between parents

• Extraordinary expenses and needs

• Healthcare costs

• Overnights spent with the child

While federal law requires each state to establish child support guidelines, it does not dictate the particular formula he or she must use. As a result, Utah has adopted a unique set of child support guidelines. Child support attorney Ken Peterson at Northern Utah Law is proficient in Utah’s unique, yet complicated, system.

Utah Child Support Guidelines

The amount of child support is based on the number of children involved in the case as well as the physical custody arrangement. When one parent is granted primary physical custody, the non-custodial parent will be required to pay a higher amount of child support than when the parents share or jointly have custody. In Utah, child support is calculated using a tool known as a “child support calculator.” A total monthly figure is calculated and set by entering figures into the calculator. The gross income, number of children, and type of custody were entered into the calculations.

The monthly maximum for combined income is $10,000. The court will decide how much child support to order if the combined income is more than the guidelines. The standard of living the child would have experienced had the parents remained together will be taken into account, along with any special requirements the children may have had. More generally, though:

• Child support is based on parents’ gross monthly incomes.

• Proof of income is required in the form of a paycheck stub showing current income along with the most recent tax return to submit the final decree of divorce or paternity.

• The gross monthly income is income received from the parents’ 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 on 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 is payable until a child turns eighteen or graduates from high school, whichever is later.

• In cases involving multiple children, as each child turns eighteen or graduates from high school the child support is recalculated based upon the remaining number of minor children.

• An exception to this would be in situations where there is a child with special needs which may require the payment of support well into adulthood.

Frequently Asked Questions

My income has increased because of the court-ordered child support. Can I be penalized for not paying more because of my increased income?

In most situations, child support increases are only retroactive to the date the motion to modify child support is filed. However, many courts and child support collection agencies require noncustodial parents to report his or her income on a regular basis to ensure smooth modification proceedings. If your orders stipulate that, and you fail to report your income, you might have some problems. If your orders do not require you periodically to report your income, there is usually no obligation to pay anything more than what was ordered.

My ex is behind on alimony and/or child support. What recourse do I have?

You can go to the clerk’s office at the court where child support was ordered and request the clerk to issue a garnishment against the supporting parent’s wages. To do this, you need to know your ex-spouse’s place of employment, address, and Social Security number. If payments are at least one month behind, the court sends a garnishment to the employer, and the support is taken out of your ex-spouse’s paycheck.

You can also go after your ex-spouse’s property, but this is a longer process and might not be as helpful, because cars and homes are often leased and mortgaged. You can also file a petition for contempt and get an order to show why the payments are not being made. This puts your ex-spouse back in court. Recent laws allow child support enforcement agencies to cooperate across state lines, putting you in a better position if your ex-spouse lives out of state.

Reach Out Today for Help Getting a Fair Support Order

Child support attorney Ken Peterson at Northern Utah Law represents parents throughout Northern Utah on both sides of child support proceedings. Ken understands how important these payments can be to a custodial parent and how much of a burden an unfair award can be to a noncustodial parent. He is committed to ensuring his clients receive fair treatment. If you want to schedule a free consultation to learn what Ken can do for you, contact him online. Ken looks forward to discussing your legal issue.