Salt Lake City Child Support Lawyer
Handling Child Support Cases in Salt Lake City & Surrounding Areas
Whether you are going through a divorce or are an unmarried parent, child support is an important issue that will arise. You must understand that child support is not an attempt to punish you but to help support your child and ensure they have the resources they need to thrive. It is also important to remember that child support is not a “one and done” issue. It is an issue that can be revisited and modified as circumstances change. At Pearson Butler, we can help you understand the child support process and help you obtain a fair and just child support order.
Our child support lawyers in Salt Lake City are here to help you. Call (800) 265-2314 or contact us online to get started with an initial consultation.
What is Child Support?
Child support is a court-ordered periodic payment made by one parent to another to assist with the costs of raising a child. In Utah, the law operates under the principle that both parents have a duty to support their children, regardless of their marital status.
These payments are designed to cover a wide range of expenses, including:
- Basic Necessities: Food, clothing, and shelter.
- Medical Care: Health insurance premiums and out-of-pocket medical or dental costs.
- Educational Expenses: School supplies, fees, and sometimes extracurricular activities.
- Childcare: Costs associated with daycare or after-school care while a parent is working.
How is Child Support Calculated in Utah?
Utah uses a specific set of guidelines known as the Income Shares Model. This model is based on the idea that a child should receive the same proportion of parental income that they would have received if the parents were still living together.
To determine the "base child support award," the following factors are considered:
- Gross Monthly Income: This includes wages, commissions, bonuses, social security benefits, and even unemployment compensation from both parents.
- Number of Children: The more children requiring support, the higher the total obligation.
- Physical Custody Arrangement: Utah recognizes three types of custody that impact calculations:
- Sole Custody: The child lives with one parent most of the time.
- Joint Physical Custody: The child spends at least 30% of the year (111 overnights) with each parent.
- Split Custody: Each parent has physical custody of at least one of the children.
At Pearson Butler, we use the same specialized calculators and worksheets used by the courts to help you estimate your obligations and ensure no income sources are overlooked or unfairly inflated.
Utah Child Support Laws
The primary legal framework for these cases is the Utah Child Support Act (Utah Code Title 78B, Chapter 12). These statutes establish that child support is for the benefit of the child, not the parent.
Key legal requirements in Utah include:
- Medical Support: Every child support order must assign responsibility for medical and dental expenses. Typically, parents share the cost of insurance premiums and any uninsured medical bills equally (50/50).
- Work-Related Childcare: The costs for childcare required for a parent to work or attend job training are generally shared by both parents in proportion to their incomes.
- Income Imputation: If a parent is voluntarily unemployed or underemployed without a valid reason (like a disability), the court may "impute" income to them based on their earning capacity or the federal minimum wage.
Can Child Support Be Modified?
Life changes, and the support order that worked three years ago might not be fair today. In Utah, either parent can request a modification if there has been a substantial change in circumstances.
Common reasons for modification include:
- A permanent change in income of 30% or more (for petitions filed within three years of the original order).
- A change of 10% or more if the order is more than three years old.
- A change in the child's medical or educational needs.
- A change in the custody or parent-time schedule.
Whether you need to increase support due to rising costs or decrease it due to a job loss, our Salt Lake City child support lawyers can help you file a Petition to Modify or a Motion to Adjust.
How Is Child Support Enforced in Utah?
When a parent fails to pay, the consequences can be severe. The Office of Recovery Services (ORS) is the state agency responsible for enforcement, but private legal action is often faster and more effective.
Enforcement tools used in Salt Lake City include:
- Income Withholding: Direct deduction from the paying parent's paycheck.
- Lien Placement: Placing a lien on property or seizing funds from bank accounts.
- License Suspension: Revoking driver's, professional, or even hunting and fishing licenses.
- Contempt of Court: A judge may find the non-paying parent in contempt, which can result in fines or jail time.
How Long Does Child Support Last in Utah?
In Utah, child support generally continues until the child reaches the age of majority (18 years old) OR completes their high school education during the normal and expected year of graduation, whichever happens later.
Support may terminate earlier if the child:
- Gets married.
- Joins the military.
- Becomes legally emancipated.
Important Exception: If a child has a physical or mental disability that prevents them from being self-supporting, a Utah court may order support to continue indefinitely or until the child reaches age 21.
Child Support FAQs
Do I have to pay child support if we have 50/50 custody?
Yes, often. Because child support is based on the relative incomes of both parents, the higher-earning parent may still owe support to the lower-earning parent even if the time spent with the child is equal.
What if the other parent is hiding income?
Our legal team is experienced in uncovering hidden assets and "under-the-table" income. We can use discovery, subpoenas, and financial experts to ensure the court has an accurate picture of the other parent's finances.
Can I stop my ex from seeing the kids if they don't pay?
No. In Utah, child support and parent-time (visitation) are separate legal issues. You cannot legally deny visitation because of missed payments. Instead, you should seek enforcement through the court.
Contact a Salt Lake City Child Support Lawyer Today
Don't leave your child’s financial future to chance. At Pearson Butler, we provide the clear-eyed legal advice and vigorous advocacy you need to navigate the Utah court system.
Contact us online or call (800) 265-2314 to schedule an initial consultation.