REACHING AGREEMENT ON CHILD SUPPORT
This is a brief introduction to Utah child support law associated with a separation or dissolution of marriage. The intent here is to provide mediating parties with a general understanding of the considerations that would guide a court's determination of this issue. Much of this information comes from the Utah Courts web page. Please note that the mediator is unable to provide individual legal advice and will not predict specifically how a court would determine particular rights between divorcing or separating parties. As a mediating party, you are encouraged and advised to seek legal information and individual advice from the attorney and other desired experts of your choice.
How is Child Support Decided, How Long Does it Continue, and Can it Ever be Changed?
Utah has enacted Child Support Guidelines that are used by the courts to calculate a parent's child support obligation. The guidelines consist of three components: base child support, medical care and child care expenses. A table determines the combined support for the children. A support obligation is shared between the parents according to their incomes. The non-custodial parent pays the custodial parent child support. In addition, the guidelines require parents to provide medical coverage for their minor children, if it is available, and to share the costs of the children's portion of the premium in addition to non-covered expenses, including deductibles and co-payments, for the children's medical care. Finally, the courts require the parties to share work-related child care expenses. Child support continues until the child is 18 and has completed high school.
Utah courts generally set child support in compliance with the guidelines, although in unusual circumstances, the courts may order a higher or lower amount. Child support amounts can be agreed upon by the parties, but the courts must approve their agreement before it becomes an enforceable order of support.
An order requiring a non-custodial parent's employer to withhold the child support amount from the parent's earnings may be entered by the courts unless the parties agree to another method of payment.
The Utah State Courts website has an Online Child Support Calculator that requires input of each parties income, the number of children and the amount of time spend at each parent's home.
