How Child Support is Calculated in Utah

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.