Child Support Modification Archives

I was awarded joint equal custody of my children, but in practice I have them with me more. Their mother’s income is at least equal to (if not greater than) mine. Could I be entitled to child support?

This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction where I practice divorce and family law. In many jurisdictions,…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Divorce Utah

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?

This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice divorce and family law (which includes the issue of child…

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

50/50 custody, against fathers, benefit, biased, case law, child custody awards, child's life, complacent, court, criteria original child custody award, culture of bias, defend, discrimination, effort, equal physical custody award, every other weekend, evidence, ex, Exercise, factors, father, full custody, hope, impartial judge, joint equal custody, losing, loving fathers, lucky, modifying child custody award, motion to dismiss, no option, odds, overwhelming, petition to modify, physical custody award, prejudice, proof, second-class, sexual discrimination, six ways from Sunday, skilled attorneys, sole custody, stacked against fit fathers, statutory, take, vigilant, visitor status, visits

I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

What is a complete list of reasons someone can file child support that cannot be fought?

What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe bets that you’ll be paying child support if one or…

What policies and factors determine how child support is calculated?

March 16, 2021

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

2020, calculated, caselaw, Child Support, child support calculation guidelines, child support guidelines, child support policy, current child support guidelines, determine, factors, formulae, governing, Income Shares Model, July 10, jurisdiction, legislation, National Conference of State Legislatures, parent, Percentage of Income Model, policies, regulations, state, The Melson Formula, u.s.

What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support…

Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of our child or children, would one of us still end…

What would happen if an individual gets a second job after child support has been determined?

November 24, 2020

Divorce Utah

Child Support, Child Support Calculation, Child Support Modification

§ 78B-12-203(2), 40-hour, administrative proceeding, age, basic job skills, calculated, career or occupational training, Child Support, community, criminal record, earned income sources, educational attainment, employment opportunities, evidentiary basis, extra job, federal minimum wage for a 40-hour work week, full-time, health, home, imputation, imputed income, job, job availability, judicial proceeding, literacy, mentally unable, no recent work history, occupation qualifications, other employment barriers and background factors, overtime, parent's occupation unknown, parent's presence, physically unable, presiding officer, prevailing earnings, reasonable costs of child care, second job, side hustle, specific findings of fact, temporary nature, unusual emotional needs, unusual physical needs, Utah, Utah code, Utah Code § 78B-12-203(8), work history

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back, or would it change anything? In Utah, the answer is found in the Utah Code at…

Are second jobs used to calculate child support?

November 17, 2020

Divorce Utah

Child Support, Child Support Modification, Modification of Child Support

calculating child support, Child Support, child support modification, modifying child support

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back or would it change anything? In Utah (where I practice divorce and family law), the answer…

What income is counted when calculating child support?

August 20, 2020

Divorce Utah

Child Custody, Child Support, Child Support Modification, Custody

78B-12-203. Determination of gross income -- Imputed income, 78B-12-204. Adjusted gross income, 78B-12-205. Calculation of obligations, 78B-12-207. Obligation -- Adjusted gross income used, 78B-12-210. Application of guidelines -- Use of ordered child support., calculating child support, Child Support, child support calculation, factors, Utah code

What income is counted when calculating child support? This is a great question. In the jurisdiction where I practice family law (Utah), the Utah Code tells you exactly what kind of parental income a court considers in determining child support:…

2020 UT App 16 – THE UTAH COURT OF APPEALS – lack of jurisdiction

February 10, 2020

Divorce Utah

Appeal, Child Support Modification, Court Rules, Utah Court of Appeals Decisions

2020, 2020 UT App 16, Al-Saleh v. Al-Saleh, final appealable order, January 30, lack of jurisdiction, Patrick Corum, rule 54(b), Third District Court, Utah Court of Appeals, Utah Rules of Civil Procedure

2020 UT App 16 – THE UTAH COURT OF APPEALS NOUR AL-SALEH, Appellee v. ASAAD AL-SALEH, Appellant. Per Curiam Opinion No. 20191013-CA Filed January 30, 2020 Third District Court, Salt Lake Department The Honorable Patrick Corum No. 154905136 Cassandra Elyse…

Why not reduce child support when the supporting parent loses his/her job?

Should child support be ordered reduced as soon as (automatically when) the supporting parent loses his/her job through no fault of his/her own? Of course. The only reason we don’t have such a law in place is because of greedy…

What are some interesting facts about child support?

October 22, 2019

Divorce Utah

Child Custody, Child Support, Child Support Enforcement, Child Support Modification, Children in Divorce

Child Support, children, custody, divorce, facts, obligee, obligor, payee, payor, support

Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay child support based upon the income you no longer have.…

Do I have to keep paying child support if our child doesn’t live with the other parent?

August 21, 2019

Divorce Utah

Child Support, Child Support Modification, Children in Divorce

child residence, Child Support, district court, noncustodial parent., Office of Recovery Services, ORS

Question: My daughter turns 18 in the middle of September. I just recently learned that her mom moved away a couple of months ago leaving my daughter to live with her mother’s boyfriend, then my daughter just moved out of…

Do judges get angry at “dead beat dads” who aren’t biological fathers?

August 15, 2019

Divorce Utah

Child Support, Child Support Modification, Paternity

angry, biological father, Child Support, court, deadbeat dad, dna testing, feelings, judge, opinions

Do judges get angry at supposed “dead beat” dads who are not the biological father and refuse to pay child support for a kid that is not theirs? Occasionally. There are some well-publicized instances of men who can prove they…

Is there any way I can reduce child support?

August 13, 2019

Divorce Utah

Child Support, Child Support Modification, Children in Divorce

Child Support, circumstances, disability, earnings, future, income, material change, medical, Modification, modify, potential, present, support needs, Utah Code § 78B-12-210(9), wealth

In Utah (where I practice divorce and family law), yes, there are many possible ways to reduce child support. They may not be applicable to every child support payor, but there are ways: If you can persuade the court that…

Wollsieffer v. Wollsieffer – 2019 UT App 99 – modifying child support

THE UTAH COURT OF APPEALS BURRIS WOLLSIEFFER, Appellant, v. HEATHER WOLLSIEFFER, Appellee. Opinion No. 20170645-CA Filed June 6, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates No. 154905336 Burris Wollsieffer, Appellant Pro Se Courtney Cooper, Ryan A.…

2019 UT App 83 – Nave Free v. Free – modification of child support

May 23, 2019

Divorce Utah

Assets/Debt/Property, Best Interest of the Child, Child Support, Child Support Modification, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2004 UT App 314, 2009 UT App 152, 2013 UT App 296, 2015 UT App 308, 2016 UT 48, 2016 UT App 125, 2016 UT App 135, 2017 UT App 192, 2018 UT App 195, 311 B.R. 618, 323 P.3d 586, 365 P.3d 719, 379 P.3d 882, 379 P.3d 890, 387 P.3d 1000, 406 P.3d 258, 437 P.3d 464, 78B-12-210(9)(b)(iii), 897 N.Y.S.2d 401, 98 P.3d 1178, Bagley v. Bagley, Cantrell v. Cantrell, Child Support, Diener v. Diener, Dole v. Dole, Earhart v. Earhart, Fish v. Fish, Hansen v. Hansen, In re Harrelson, income had substantially increased, medical expenses of children, needs, petition to modify the divorce decree, Poberesky v. Poberesky, relative wealth, remarried, renting out a house, Shuman v. Shuman, substantial change in material circumstances, Taft v. Taft, upward deviation, Utah Child Support Act, Utah Code §§ 78B-12-101 to 403

2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019 Fourth District Court, Heber Department The Honorable Jennifer A. Brown…

Is It Harder to Get a Job After 40? Should Divorce Courts Care?

January 25, 2019

Divorce Utah

Alimony and Support, Child Support, Child Support Enforcement, Child Support Modification

40 years old, 7th District, age 40, alimony, Child Support, employment, imputation, impute, inc. magazine, job, unemployed

I just came across this from “Inc. this Morning” from Inc. magazine. It’s something you and the court may need to keep in mind when it comes to child support and/or alimony: “A friend of mine turned 40 recently, and…

At what age can children decide which parent they want to live with?

It’s largely a matter of age and size/strength or resourcefulness. Technically a child never legally has the power to choose with which parent he/she will live (the only person with that power is the judge). But as a matter of…