In Utah, all minors are entitled to parental support until they turn 18 or complete high school, whichever comes later, or are otherwise emancipated by marriage or a court order. Generally, child support is set according to state guidelines and established by a divorce court order governing how and when child support payments are made. However, in rare circumstances, the court may order a different amount of base child support if either of the parties seeks a different amount and demonstrates good reasons for the amount requested.
Financial support owed by parents boils down to three simple components:
- Base Child Support — This figure considers the parents’ combined monthly adjusted gross income and the number of children being supported. The income from each parent is most often limited to the equivalent of one full-time job; overtime, bonuses, and/or additional part-time jobs are often not calculated but may be considered as additional income if the bonus or overtime is regular, consistent, and can be expected by the receiving parent. Additionally, case assistance, Supplemental Security Income (SSI), and Social Security Disability Insurance (SSDI) are more often not considered as income, but pension payouts, Social Security benefits, workers’ compensation payments and disability insurance benefits generally are considered.
- Medical care — If a health insurance policy is reasonably available, the cost of a minor child’s portion of the premium is to be shared equally by the parents, as is the cost of any uninsured, out-of-pocket medical expenses, including deductibles and copayments.
- Childcare expenses — Parents must also share work-related childcare expenses incurred by either parent equally, unless otherwise agreed upon by the parties.
Child support is calculated by accounting for the total gross income of both parents, along with the number of overnights spent in the household of each parent. Parents are required to provide proof that their income matches the amount inputted in the child support calculator, such as pay stubs and copies of the most recent tax returns. If a parent has a reasonable explanation for why this information is not available, the other party can file a Declaration of Other Party’s Earnings to explain the disparity in income, similar to acting as a witness for the other person. In cases where one parent doesn’t work, the court can impute the amount of a party’s earning potential based on their prior work history and an assumed 40-hour workweek.
If there is no recent work history information to rely upon, or if there isn’t a specific occupation the party has had, then the court may impute a party’s income. This imputation of income will often be based on the federal minimum wage for a 40-hour workweek. This is how the court accounts for the fact that the other parent can reasonably work. However, this is not done in every circumstance. If the court finds that a party is voluntarily unemployed or underemployed they may impute them to higher income than federal minimum wage based on a number of factors including past work history and earning potential.
Divorces, child custody, child support, alimony, and all other issues involving family disputes can be highly emotional, and are often exacerbated by the complexities of the legal system. The attorneys and staff at Jess Couser Family Law are ready to help you reach objective decisions that are truly in the best interest of your child, and to navigate the complex legal system.