Use this Utah child support law to learn about your child
support rights and responsibilites.
How is Utah child support determined?
In Utah, either or both parents may be ordered to pay child
support payments, including medical and dental expenses and health insurance.
The courts will also order the parents to share day care and childcare expenses
while the custodial parent is working or undergoing any training.
There are official Utah Child Support guidelines, designed to
be reasonable and in the best interests of the child, that the courts use to
help determine the correct amount of child support. The guidelines will be
followed, unless the parents have agreed to a different child support amount,
or the courts determine the guidelines are unjust for a particular case.
Factors for deviating from the guidelines include:
- the standard of living and the situation of the parties
- the relative wealth and income of the parents
- the earning power of each parent
- the needs of the parents and the child
- the ages of all involved
- any responsibility of either parent to support others
The state guidelines are generally based on a percentage of the
total gross income of both parents, the number of children to be supported and
the percentage each parent contributes to the total gross income.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support if that child marries,
is removed from disability status by a court order, or the child dies.
Utah's custody guidelines:
Generally, the parents agree upon decisions about parenting and
custody. If there is no agreement between the parents, then the courts will
make these decisions.
In Utah, joint or sole custody may be awarded based on the best
interests of the child and the following factors:
- which parent is the primary care giver
- the past conduct and the moral standards of the parents
- the welfare of the child
- the child’s preference if they are at least 12 years of
age
- which parent is likely to act in the best interests of the
child
- which parent is likely to allow frequent and on-going contact
between the child and the other parent
If the other spouse has abandoned a spouse, the court is likely
to give the abandoned spouse custody of any children. If there is an allegation
of child abuse by either parent, an investigation will be ordered. The courts
will not discriminate against a parent with a disability when considering child
custody.
Joint custody may be ordered if:
- it appears to be in the best interests of the child
- both parents agree to joint custody
- both parents appear capable of implementing and managing
joint custody
- upon consideration of certain factors, such as each
parents’ ability to give first priority to the child’s welfare and
their ability to make joint decisions benefiting the child, the parents appear
prepared and mature enough for joint custody
Utah's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. If it is not, the courts may order
a parent to pay medical and dental expenses and provide health insurance
coverage for the child. Usually, if a reasonable medical insurance plan is
available through one of the parent’s employment, they are required to
cover their child on it. Both parents are required to share, equally, any
uninsured expenses.
How permanent are the provisions for Utah child support
and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states, including Utah, have a provision for withholding
child support directly from the earnings of the parent who has been ordered to
provide support. The payments are withheld much like income tax is withheld
from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
Joint custody is now widely recognized by parents, courts and
state legislatures as the preferred parenting plan in much of the nation.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While joint custody is a 50-50 sharing of responsibilities and
major decisions affecting the children, it rarely works out to be a 50-50
sharing of time with the children. Often one parent is named as the primary
joint custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How Utah determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree to exactly when visitation will occur, the standard visitation schedule
accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
- one week night a week (5:30 - 8:30 PM)
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