Child Support Archives - Divorce Utah

What income is counted when calculating child support?

August 20, 2020

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:…

New Law: Collection Fees for Unpaid Child Support and Alimony

June 24, 2020

Divorce Utah

Alimony and Support, Child Support, Child Support Enforcement, Utah Code, Utah Law

40%, alimony, Child Support, collection fees, contingency, delinquent, unpaid alimony, unpaid child support, Utah Code section 30-3-3.5

New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that a court shall now impose a collection fee to pay…

New Child Support Enforcement Penalties!

June 23, 2020

Divorce Utah

Child Support, Child Support Enforcement, Utah Code

23-19-5.5, Child Support, enforcement, fishing, hunting, license, penalties, permit, tag

New Child Support Enforcement Penalties! In the 2020 legislative session the Utah State legislature passed a new Utah Code section, section 23-19-5.5. This new law–effective July 1, 2021–provides that an individual who is delinquent on a child support obligation may…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

Should I accept money from my ex for the kids, even if I’ve already filed in court for child support?

May 15, 2020

Divorce Utah

Child Support, Child Support Enforcement

Child Support, court, file, order, payment, voluntary, volunteer

Should I accept money my ex sent for his kids (not enough to support), even if I already decided to take him to court for child support? I don’t see any reason why you can’t do both: keep the money…

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…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Should it be a crime to work under the table to dodge child support?

December 2, 2019

Divorce Utah

Child Support, Child Support Enforcement

Child Support, dodge, illegal, law, pay, work, work under the table, working under the table

Concealing your income to avoid having child support correctly calculated is already a crime, and for obvious reasons. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Should-it-be-a-crime-to-work-under-the-table-to-dodge-child-support/answer/Eric-Johnson-311

Has Facebook been used in child support cases?

November 22, 2019

Divorce Utah

Child Support, Child Support Enforcement, Children in Divorce

Child Support, evidence, Facebook, pay stubs, relevance, social media, tax returns

Sure, if it provides evidence relevant to a child support issue. Such as? proof of employment – if the child support obligor claims “I can’t pay support, I don’t have a job,” but then posts statements and images on Facebook…

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.…

An Interesting Article on Differences in Child Support Rates

September 9, 2019

Divorce Utah

Child Support

Child Support, child support rates, higher, lower

Child support is one of the most hot-button topics. I will introduce this cited article with praise for the consistent quality and relevance of articles from familylawyermagazine.com. This article from familylawyermagazine.com is just another example. It’s a great resource, and…

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…

What is child support intended to cover?

August 14, 2019

Divorce Utah

Child Support, Children in Divorce, Utah Code, Utah Law

child care, Child Support, dental, expenses, intent, medical, purpose, Utah Code § 78B-12-102, Utah Code § 78B-12-108, Utah Code § 78B-12-218

Child Support Purposes. What are they? Black’s Law Dictionary defines child support as: child support (1939) Family law. 1. A parent’s legal obligation to contribute to the economic maintenance and education of a child until the age of majority, the…

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…

The best thing to write in the memo line of the last child support check?

July 15, 2019

Divorce Utah

Child Support, Child Support Enforcement

Child Support, final payment, last payment

What’s a good message to write in the memo line of the last child support check? I can’t answer this question any better than did Anruth Dailaigh: Assuming it’s truly the final payment and no debt remains outstanding, I’d suggest…

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, 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…

How do I get the court to order my ex to help pay for our kids’ college educations?

December 14, 2018

Divorce Utah

Child Support

adult children, age 18, age 21, Child Support, college, college education, Utah Code 152-1

First, you should know that while a Utah divorce court can order child support even after a child attains the age of 18 years, courts rarely do so; however, § 15-2-1 of the Utah Code does provide: “It is further…

Why does my ex-husband believe I’m spending child support on myself?

August 31, 2018

Divorce Utah

Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Child Support, spite, trust

Why does my ex-husband believe the child support he pays is used to pay for our vacation? That money doesn’t even pay 1/4 of our rent. Two reasons: 1) because it’s possible (possible does not mean likely, just possible); and…

Tag: Child Support