(801) 254-9450 Under Utah law, both parents of a minor have an obligation to provide for them and protect their welfare. This includes a parent providing direct financial support in situations where they do not have full custody. If you are going through divorce proceedings or navigating a new situation with a co-parent, a dedicated family law attorney could ensure your children are cared for while also being treated fairly by the courts. Reach out to a Heber City child support lawyer today to learn more.
Like most states, Utah has a formula it uses to recommend a monthly child support amount for divorcing spouses or unmarried co-parents. These guidelines start with calculating the adjusted gross income of both parents, including not only salaries but also:
Adjustments must be made to these calculations for specific expenses, like the cost of medical care and child support. These adjustments could decrease or increase the suggested monthly payment set by the guidelines.
While the calculation guidelines are an important starting point, family law judges have the power to deviate from these recommendations and order a higher or lower monthly payment based on the best interests of the child. If a judge determines a calculation is unfair to your child, they may alter the amount by assessing you and your co-parent for factors such as your ages, earning capacities, standard of living, and other support obligations. A Heber City attorney could answer your questions about whether deviating from the state child support guidelines is possible.
It is possible to modify the terms of an existing child support order. Typically, amicable parties are able to adjust child support without an attorney, using the Office of Recovery Services (ORS). The ORS can make orders establishing paternity and requiring parents to pay child support, as well as enforce its own orders to collect child support. The Office also has its own processes for modifying child support. This is a more efficient process that is beneficial in helping parties save time and costs on legal fees.
If the ORS does not enforce or modify its order, you can ask the court for help. The first step is to register the ORS order with the court and then request that the order be confirmed. If this happens, the best course of action would then be to seek legal counsel in moving forward with a motion for enforcement or a petition for modification.
During the process of an enforcement or modification, you need to show that there has been a substantial change in life circumstances, which could include the following:
A judge considers these factors and whether or not the changes are likely to be temporary or permanent. A child support lawyer in Heber City could assist with proving your need to undergo the modification or enforcement process.
Few issues come up during a divorce or co-parenting discussions more important than child support. You have an obligation to your children, but you also deserve to be treated fairly. Carr | Woodall could help you navigate this process with confidence. Our Heber City child support lawyers are ready to provide you with the assistance you need. Reach out for a confidential consultation to get answers to all your family law-related questions.