Child Support

Q: How is child support calculated?

A: Statutory guidelines dictate the calculation of the parents’ respective child support obligations. Child support includes three components: a monthly monetary payment for regular monthly expenses such as food, clothing, shelter, and other daily and monthly needs or expenses, healthcare (medical, dental, and hospital insurance), and child care expenses. Statutory tables based upon both parents’ incomes and the proportion of time each parent has custody of children determines what a parent pays in child support.

Utah law requires the use of both parents’ incomes to determine a child support amount. The income the support is based upon is limited to the equivalent of one full-time job. Generally, overtime and additional part-time jobs are not included. Case assistance, Supplemental Security Income (SSI), and Social Security Disability Insurance (SSDI), are not considered as income. Pensions, Social Security Benefits, Workman’s Compensation, and Disability Insurance benefits are considered income (this information is from a pamphlet published by the Salt Lake County Bar Association).

The non custodial parent—or the parent whose income is greater than the other’s in cases of joint physical custody—pays child support. In addition, the guidelines require parents to provide medical coverage for their minor children, if it is available at a reasonable cost, and to share the costs of the children’s portion of the premium in addition to non covered expenses, including deductibles and copayments, 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 (child support can be extended to age 21 in special circumstances) (this information is from a pamphlet published by the Salt Lake County Bar Association).

The courts, upon petition by either parent, may increase or decrease the child support obligation if significant changes in income or other circumstances have occurred since the entry of the Decree of Divorce (this information is from a pamphlet published by the Salt Lake County Bar Association).

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 (this information is from a pamphlet published by the Salt Lake County Bar Association).

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 at any time, even if the parties agree to another method of payment (this information is from a pamphlet published by the Salt Lake County Bar Association).

Q: Can I get child support if I never married?

A: Yes. Every parent has a statutory obligation to support his child and every child shall be presumed to be in need of the support of each of its parents. The expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents. Either or both parents may be sued by a creditor for such expenses incurred on behalf of minor children.