Salt Lake City Child Support Lawyer
Handling Child Support Cases in Salt Lake City and Surrounding Areas
Child support questions can arise during a divorce, in a case involving unmarried parents, or after an order is already in place. Support may need to be established, reviewed, modified, or enforced as income, parenting schedules, or a child’s needs change. Child support isn’t intended to punish either parent; it provides for the child’s care.
At Pearson Butler, our child support lawyers in Salt Lake City can review the relevant financial information, explain the process, and identify the legal options for your circumstances. This page provides general information; the law and procedure that apply depend on your order and circumstances.
Call (800) 265-2314 or contact us online to schedule a confidential consultation with our child support attorneys in Salt Lake City.
Why Hire Pearson Butler for Your Child Support Matter
Since our founding in 2010, we have grown to include more than 30 attorneys with over 300 years of combined legal experience. We limit caseloads to support attentive communication and individualized legal guidance.
Child support questions frequently overlap with custody, parent-time, divorce, or other family law matters. Our collaborative practice spans more than a dozen areas of law, allowing us to address related legal and financial issues when a family’s circumstances cross practice areas.
What Is Child Support?
Child support is a periodic financial obligation established through a Utah court or authorized administrative process 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.
Child support is separate from custody and parent-time rights. An order may address several components of a child’s financial support.
Common components include:
- Base Child Support: A monthly amount calculated under the Utah Child Support Guidelines.
- Medical Support: Health insurance and responsibility for qualifying medical and dental expenses.
- Work-Related Childcare: Qualifying childcare expenses incurred because a parent is working or completing eligible training.
How Utah Calculates Child Support
Utah calculates support under an 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 calculation generally considers both parents’ incomes, the number of children covered by the order, and the applicable physical-custody arrangement.
Important calculation inputs include:
- Gross Monthly Income: This may include wages, commissions, bonuses, Social Security benefits, and unemployment compensation from both parents.
- Number of Children: The guideline tables account for the number of children requiring support.
- Physical Custody Arrangement: Utah’s guideline calculation depends on whether custody is sole, joint, or split.
Worksheets and online calculators can provide estimates, but the court or authorized administrative process determines the final obligation. We review income records, health insurance information, childcare costs, and the parenting schedule to identify which figures and worksheet apply.
Requirements in a Utah Child Support Order
Utah child support is governed by Title 81, Chapter 6 of the Utah Code. The governing order may address the base monthly obligation, medical support, work-related childcare, income withholding, and other provisions required by the Utah Child Support Guidelines.
A child support filing generally requires a completed worksheet and verification of income or other permitted evidence. Pay stubs, tax records, benefit statements, health insurance costs, and childcare invoices may be relevant, depending on the circumstances.
Additional issues that may affect an order include:
- Medical Support: The order should address health-care coverage and qualifying medical and dental expenses. The precise responsibility depends on current Utah law, available coverage, the order, and the case facts.
- Work-Related Childcare: The order may allocate qualifying childcare expenses required for employment or eligible training under Utah law.
- Income Imputation: If a parent is voluntarily unemployed or underemployed, the court may assign income based on earning capacity or other legally relevant evidence. Imputation means using an assigned income figure rather than the parent’s reported earnings.
- Parent-Time: Physical-custody arrangements can affect the calculation, but child support and parent-time remain separate legal obligations.
Modifying Child Support in Utah
A child support order may be changed when the applicable Utah requirements are met. The correct procedure may be a Motion to Adjust or a Petition to Modify, depending on the order’s age, the size of the guideline difference, and the circumstances supporting the request.
Common reasons to seek a change include:
- A material change in a parent’s income or earning ability.
- A change in physical custody or the parent-time schedule.
- A change in the child’s medical or childcare needs.
- A change in a parent’s legal responsibility to support other individuals.
For an order issued or modified within the previous three years, Utah law generally requires a substantial change in circumstances and a difference of at least 15% between the existing obligation and the guideline amount. When at least three years have passed, a different adjustment pathway generally applies when the difference is at least 10%, is not temporary, and satisfies the other statutory requirements.
A job loss or income change doesn’t automatically alter the amount due. Our Salt Lake City child support lawyers can review the existing order, current financial records, and procedural history before a parent files a Motion to Adjust or Petition to Modify.
Child Support Enforcement in Utah
Utah’s Office of Recovery Services provides administrative services for collecting current and past-due child support. Its role is different from private legal representation and court proceedings, although a case may involve more than one process.
Available enforcement tools may include:
- Income Withholding: Child support may be deducted from the paying parent’s earnings. Withholding alone doesn’t establish an intentional failure to pay.
- Tax Refund Interception: Eligible federal or state refunds may be applied to qualifying arrears.
- Liens and Account Actions: Collection may involve property liens or funds held in qualifying accounts.
- License Restrictions: Certain licenses may be restricted when statutory requirements are met.
- Court Proceedings: A party may ask the court to enforce an order or address alleged noncompliance.
The available tools depend on the order, payment history, amount owed, and governing legal requirements. Missed child support payments don’t automatically permit the other parent to deny court-ordered parent-time.
When Child Support Ends in Utah
In Utah, child support generally continues until the child reaches age 18 or completes high school during the normal year of graduation, whichever happens later, subject to the wording of the order and statutory exceptions.
Support may end earlier when the child:
- Gets married.
- Joins the armed forces.
- Dies.
- Becomes emancipated through a legally recognized process.
An order involving an incapacitated adult child may require separate legal analysis. Parents should review the actual order before stopping or changing payments because an emancipation event doesn’t necessarily resolve arrears or every related obligation.
Frequently Asked Questions
Do I Pay Support With 50/50 Custody?
Possibly. 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?
The court may consider financial records and other admissible evidence when determining income. Depending on the case, formal discovery or subpoenas may be available to obtain employment, banking, business, or tax information.
What Records Are Needed to Review Child Support?
Relevant records may include pay stubs, tax returns, benefit statements, health insurance expenses, childcare invoices, and the current parenting schedule. The existing order and payment history may also be important.
Can Support Change After a Job Loss?
Possibly. The court considers whether the income change meets Utah’s legal standards, including whether it’s substantial and non-temporary. The existing amount remains due unless the order is changed through the appropriate process.
What Is the Difference Between a Motion to Adjust and a Petition to Modify?
A Motion to Adjust generally addresses guideline-based changes under the applicable statutory pathway. A Petition to Modify may be required for other substantial changes. The proper filing depends on the order’s age, procedural history, and requested relief.
Can ORS Collect Unpaid Child Support?
The Office of Recovery Services can use authorized administrative collection tools, including income withholding and tax-refund interception, when legal requirements are met. Court-based enforcement may also be available.
Can I Deny Parent-Time Over Missed Payments?
No. In Utah, child support and parent-time are separate legal issues. You can’t deny court-ordered parent-time because of missed payments. Instead, you should seek enforcement through the appropriate administrative or court process.
Review Your Options With Our Child Support Lawyer in Salt Lake City
A consultation can help identify the controlling order, relevant financial records, parenting-time information, and possible next procedural step. We offer free confidential consultations, flexible scheduling, and same-day consultation availability for parents in Salt Lake City and throughout Utah.
Contact us online or call (800) 265-2314 to schedule an initial consultation with our child support lawyer in Salt Lake City.