In Utah, there's a variety of aspects the court will
consider when figuring out just how much child support you
will have to pay, or just how much child support you will receive in your
divorce or custody battle. The court will think about:
- The earnings of both of the parties
- The amount of children born to parents
- The kind of physical custody granted
- Whether one of the parties has another child support or spousal support obligation
- Whether there are other kids currently living with one of the parents
The Earnings of Both Parents
Courts think about the earnings of both of the parties when
determining child support: the party paying child support and the party getting
child support.
Unemployed Parents
Occasionally, one of the parents is jobless and for that
reason does not have any earnings. When this happens, the court can assign
income; This indicates that the court will take a look at the work history and
employable abilities of that jobless parent to figure out the amount of income
they are capable of making.
Unemployed Without any Previous Work History
If one parent doesn't have any previous work history
or any employable abilities, the court will likely determine that the parent
has the ability to make a minimum of base pay.
Irregular Earnings
Sometimes a parent is utilized in a position where
their income is dependent upon commissions, where their work is seasonal, or
where for any other factor their income fluctuates month to month or year to
year. In this case, the court might look at their salary over the
past years to determine an average wage that they will be
held to for the purposes of computing child support.
Overtime Pay or Second Job
Usually, child support is determined based upon a 40-hour work week. Overtime pay and income from a second job can be
thought about when determining child support, but usually is not.
Number of Children That the Parties Have Together
The amount of kids born to both parents has
among the most significant effect on the amount of child support that will be
paid/received. Naturally, if there are more kids born to the family, the
quantity of child support paid/received will be greater.
Type of Physical Custody Granted
The type of physical custody granted to the parents is
another aspect will considerably impact the amount of child support
paid/received.
Joint Physical Custody
Joint physical custody is determined by the number of
overnights each year that the kids spend with each of the moms and dads. The
amount of child support will change depending on the number of overnights the
child invests with each of the parents.
Main Physical Custody
If one party is awarded main physical custody, then courts no
longer consider the number of overnights the kids spend with each of the parents, and instead calculate child support based on the fact that primary
physical custody has actually been granted.
Previous Child Support or Alimony Responsibility
The court will consider the amount of child support or alimony (spousal assistance) that one of the moms and dads has to pay in another, different case when determining the child support owed/received in your case.Commitment to Kids in the Present Home
If one of the parents has been remarried, and there are other
children of that marriage living in that parent's home, the court will consider
the monetary obligation that parent owes to those children when
calculating child support.
Utah Child Support Lawyer
Figuring out the amount of child support is the
responsibility of the court, however to assist you get a basic concept, you can
utilize this Child Support Calculator. If you find yourself in need of a lawyer
to help you understand the system for child support, get in touch with the offices of David Pedrazas.
