The Custody Order Governs
In every divorce there is a divorce decree that governs the divorcing parties’ relationship after the divorce is final. For couples who have children the divorce decree will undoubtedly include a custody order. That order can be for joint physical custody or primary physical custody to one party with the other party having parent time. The order will also set forth the amount of child support that each party is responsible to pay each month.
Typically a child support amount must be in accordance with the child support guidelines which considers the “gross income” of each party. Gross income includes any and all income. Some parties have to have income imputed to them depending on their employment situation, whether underemployed, unemployed, or overemployed. Imputed income can be determined by stipulation or a court hearing. Each parent is required to provide verification to the court of their current income.
Once child support is determined the parties have to abide by the order or they can be subjected to sanctions and be held in contempt of court. A party who wants to pay a different amount of child support will have to seek out a modification of the divorce decree.
Extended Parent-Time Allows for A Temporary Change in the Child Support Amount.
When a child is with a noncustodial parent for an extended amount of parent-time (meaning that one parent has primary physical custody and the other parent has parent time), the party who is obligated to pay child support can statutorily pay a reduced amount of child support depending on the amount of time the child is with him or her.
- Child support will be reduced by 50% for each child for time periods during which the child is with the noncustodial parent for at least 25 of any 30 consecutive days of extended parent-time;
- For 12 to 30 consecutive days the child support amount will be reduced by 25%.
Even if you overpay and your payments are handled through ORS, ORS will reimburse you for the overpayment.
Give our Utah family law firm a call at 801.413.1753 if you have additional questions. We’re happy to give you a free phone consultation.