Family law assumes that every child has a natural right to a share of each parent’s financial resources. If the parents are no longer together, the court will typically order the noncustodial parent to pay child support to the other. The following are answers to some common questions you may have about child support in Utah.

Answering Common Questions About Child Support

How are child support amounts calculated?

Each state has a formula for calculating child support amounts. In Utah, the court will consider each parent’s income and how many nights the child spends in their home. In some cases, the courts may consider a parent’s earning potential when calculating support amounts. For instance, if a parent is not working but holds an advanced degree, the court may calculate child support as if they had a full-time job in their field.

Do courts consider debts when calculating child support payments?

The courts base child support on your net income, which is determined by deducting taxes and health care from your total earnings. Family law courts assume that supporting a child is each parent’s primary responsibility, voluntary debts like credit card bills and personal loans won’t impact their support decisions.

Can I withhold child support if my former spouse violates the custody agreement?

If the other parent interferes with your right to see your child, support payments may seem like important leverage. However, child support and custody orders are completely separate, so you may face penalties for failing to pay. If the other parent is interfering with the custody or visitation schedule, the best approach is to continue making payments and file a petition with the court.

What if my financial situation has changed since child support was ordered?

To modify a child support order, you’ll have to prove that your circumstances have substantially changed since the original order was issued. In Utah, you may be able to file a motion if the amount was determined more than three years ago and varies significantly from state guidelines. However, in most other cases, you’ll have to petition the court for a hearing.

For over 40 years, the family law attorney at Craig C. Halls, Attorney at Law, has helped San Juan County clients navigate the complexities of the legal system. Whether you’re going through a divorce or hoping to have a child support order amended, his legal team will provide the detailed insight you need. To schedule a consultation, call his office at (435) 678-3333, or visit online to see how this attorney can help you.