Child Support Archives - Divorce Utah

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

April 9, 2021

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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

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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…

Allen v. Allen – 2021 UT App 20 – custody, alimony, child support

March 1, 2021

Divorce Utah

Alimony and Support, Child Custody, Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

alimony, child custody, Child Support, contempt, custody, spousal support, Utah Court of Appeals

Allen v. Allen – 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No. 20190369-CA Filed February 25, 2021 Third District Court, Salt Lake…

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…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…

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 happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

How can I protect my assets before getting married without prenup?

How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances as you describe them in your question) is: 1) own…

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:…

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 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…

Tag: Child Support