Establishing Child Support Order
Child support is often a contentious and heated issue during any divorce. Too often a couple divorcing cannot come to terms on the proper amount of child support a spouse should pay. In Utah a court will decide how much a parent should pay in child support to the other spouse if the two parties cannot come to an agreement on how much to pay. If the parents seeking a child support order from the court were never married, they will be required to establish the paternity of the child before the court will act.
Modifying a Child Support Order
Child support orders can be modified in Utah. A parent in Utah has a right to request a review of a child support order. The review may result in a change of the child support amount. Child support may be modified to increase or decrease in amount. The ability to modify a child support order depends on certain factors such as employment changes or the child’s changing needs.
Child support orders will most likely not be modified:
- if the youngest child will be 18 years old within a year;
- if either parent cannot be located;
- if either parent is incarcerated; or,
- for other issues, such as visitation or custody.
Federal Child Support Guidelines
The federal government has enacted child support guidelines. Utah is required to use the guidelines when determining the child support amount when the divorcing parents are unable to agree on a support amount. The guidelines set forth a formula, based on factors such as a parent’s income and the number of children for whom support is needed.
The guidelines must be used unless it is shown that to use them would be unjust or inappropriate in a specific case. A court must give reasons on the record if it chooses to depart from using the guidelines in a case.
Child Support Help
If you are going through a divorce and cannot come to terms with your spouse about the proper amount of child support, call the lawyers from the Salt Lake City based Salcido Law Firm law firm. Salcido Law Firm attorneys will make sure that your children receive the right amount to ensure their well-being. Call them today at 801.618.1331.
