Modification Of Child Support Attorney In Salt Lake City, Utah
Child support in Utah is based on an “income shares” model, which holds both parents accountable for financially supporting their children. Each party’s income and ability to earn is considered in the calculation, along with the various expenses parents pay for their children. Our Salt Lake City, Utah child support modification attorney at Smoak Law, P.C. have extensive training and experience in using the child support guidelines effectively to benefit our clients’ most important legacy: their children.
The amount of support that each parent has to pay depends on several factors including:
- The number of children
- The income of both parents
- The child custody arrangement
In Utah, child support is payable until the children reach the age of 18 or when they graduate from high school, whichever happens later. However, the court may order child support to continue after age 18 for a disabled child who remains dependent.
Why Would Someone Request A Salt Lake City Child Support Modification?
There can be various reasons for the modification of child support, most common being the change in the income of either parents or an increase in the child’s need. In the State of Utah, child support obligations are determined by a formula established by the Utah State legislature. When there is a significant change to your income – as the payer or the recipient – the amount that is outlined in your initial agreement may no longer be valid.
Changes in income that can lead to modified child support can include:
- Job loss
- Pay increase or decrease
- Going on government assistance, including disability
- Getting injured or requiring extended medical care
- Incarceration
What’s more, is that as your child’s needs grow, so will the financial obligations necessary to ensure their overall day-to-day and long-term requirements are taken care of by both parents.
Child support can be modified to include the increasing needs in the areas of:
- Education and/or tuition increase
- Extra-curricular activities
- Emergency, short or long-term medical requirements
- Changes in insurance coverage
- Childcare costs
Will The Judge Approve My Child Support Modification Request?
There are many reasons why parents request child support modifications, and whether you are seeking an increase in the child support you receive or a decrease in the child support you pay, there must be a legitimate reason why you are taking your request to the court.
The Utah Courts will require proof that your request for child support modification is valid, and our Salt Lake City attorney can help you determine exactly what to expect from your petition.
It is simply not enough to assume that your child support modification request should be approved by the courts. The law is very clear on how and why child support can be changed from the initial order.
Having an accomplished Salt Lake City child support modification attorney by your side before making the legal request will provide you with the confidence you need to produce results. Our Salt Lake City child support modification law firm will review your financial information and that of the other parent to ensure that each detail of your modification is complete.
Each Salt Lake City child support modification case is different. And while some of the circumstances parents experience may be the same, your unique request will only apply to you, your children, and their other parent. We will provide the guidance you need to pursue the best outcome available by uncovering the financial facts that lead to positive results.
How Does Child Custody Effect Child Support?
Child custody arrangements in Utah are determined after a couple of divorces or ends their relationship. When Parenting Plans are established, they are done so with child support in mind – based on the child’s primary residence.
If there is a change in your time-sharing ability, including a relocation or military deployment, it may result in a change to your child support requirements too.
Before you make any changes – either deliberately or inadvertently – to your child custody arrangements, speak with our Salt Lake City child support modification attorney to understand how it will impact you financially, and how it will affect the existing court order that is in place.
Importance of Consulting A Child Support Attorney in Salt Lake City
In order to properly calculate child support, you will need to gather and bring in all the information you have about your income, your spouse’s income, income from investments, such as regular interest and dividend payments, the cost of child care, the cost of the children’s applicable education and tuition, the cost of the health insurance premium that covers the children, and the cost of the children’s extra-curricular activities.
If you have a child with special needs, you will need to gather any special expenses related to those special needs, such as tutors, therapy, medical expenses, and the like. That information will help us prepare an accurate child support worksheet to determine the appropriate amount of child support that should be awarded, and help determine whether any deviations from the presumptive amount of child support would be appropriate.
At Smoak Law, P.C., our divorce lawyers in Salt Lake City, Utah focuses on the following practice areas:
- Alimony Restructuring
- Child Support Modification
- Criminal Law
- Custody Parenting Arrangements
- Divorce
- Litigation
- Pre-nuptial agreement
If you would like to review your existing child support order to determine whether you are eligible for a modification, contact our Salt Lake City child support modification lawyer today at 801-535-4311 to schedule an appointment and let’s discuss the best plan of action for your family.
Frequently Asked Questions for Child Support in Salt Lake City
How is child support calculated in Utah?
Child support is calculated based on the income of both parents, the number of children, and the amount of time each parent spends with the children.
How long does child support last?
Child support generally lasts until the child turns 18 or graduates from high school, whichever occurs later. If the child has a physical or mental disability that prevents them from being self-sufficient, child support may continue beyond the age of 18.
How do you get child support modified?
To get child support modified in Utah, you will need to file a motion with the court. In order for a modification to be granted, you must be able to demonstrate that there has been a substantial change in circumstances since the original child support order was issued. Some examples of a substantial change in circumstances include a significant increase or decrease in either parent’s income, a change in the needs of the child, or a change in the amount of time the child spends with each parent.
What happens if the paying parent fails to make child support payments?
If the paying parent fails to make child support payments in Utah, the recipient parent can take legal action to enforce the court order. This may include wage garnishment or other enforcement actions.
Can child support be enforced in other states?
Yes, child support orders can be enforced in other states under the Uniform Interstate Family Support Act (UIFSA).
Can child support be paid directly to the child?
No, child support must be paid to the custodial parent in Utah. The reason for this is that the custodial parent or legal guardian is responsible for providing for the child’s daily needs, and child support is intended to help them do so.
Can child support be waived in Utah?
No, child support cannot be waived in Utah. The needs of the child are considered a top priority in family law cases, and child support is seen as an essential part of meeting those needs. Not even in a prenuptial agreement can child support be waived.
What is the minimum amount of child support?
The minimum amount of child support in Utah is $100 per month. However, this amount can be adjusted based on the income and expenses of both parents, the needs of the child, and the custody arrangement.
What happens if the custodial parent remarries?
The remarriage of the custodial parent does not affect the obligation of the non-custodial parent to pay child support. Child support is based on the needs of the child and the income of both parents, and the custodial parent’s remarriage is not generally considered relevant to these calculations.
What happens after I file a motion for child support modification?
Once you file a motion for child support modification, the court will schedule a hearing to review the case. You will need to attend the hearing and present evidence to support your request for modification. The other parent will also have the opportunity to present evidence and argue against your request.
Can I modify child support myself, or do I need an attorney?
While it is possible to file a motion for child support modification yourself, it is recommended that you seek the assistance of an experienced family law attorney. An attorney can help you navigate the legal system and ensure that your rights and the best interests of your child are protected throughout the process.
Related Resources: