As most divorced  or divorcing parents in Utah know, Utah follows a strict child support guideline that is calculated according to gross income and the number of overnights that each parent has the child or children in a year.  Utah Code 78B-12-301 gives the amount of child support that is paid per the number of children in the family.  It is important to realize that the figure is the COMBINED child support of both parents and that each parent will only be obligated for a percentage of that amount.  If you have both parties income information and the number of overnights each parent has the child/ren, using a child support calculator is the best way to make an accurate estimate of child support.

What many people do not realize is that Utah Code contains a very important provision for both parents paying child support and parents receiving child support. In 2008 and 2009, parents who were getting FIRST TIME orders for final child support were subject to a higher child support table than those who had received child support orders PRIOR to January 1, 2008.  However, parties who had final child support orders PRIOR to January 1, 2008 were not at risk of being subject to the higher child support guidelines.  But, the big news is that, as of January 1, 2010, final orders for child support that were put in place any time PRIOR to January 1, 2008 are subject to the higher child support guidelines if the parent getting child support files a request for modification with the court and meets the appropriate standards, which will  be described below.

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Protective Orders in Utah are governed by the Cohabitant Abuse Act which begins with section 78B-7-101 of  Utah Code Annotated.

Any victim of past or potential future violence or abuse by a current or past “co-habitant” may request a protective order from a Utah district court. “Co-habitant” really means that you have either lived with that person or that you are related by blood, marriage, or through a child out of wedlock.  The court does not charge for the filing of a protective order and most district courts have an office that will assist you in the preparation of documents, to file the documents, or serve the documents- all for no charge.  If you use a lawyer to argue or defend a protective order filing, that lawyer will probably charge attorneys fees.

A protective order is only appropriate when there is fear of physical harm to a person.  While verbal abuse and harassment can be very traumatizing, it is not appropriate to address those issues using a protective order; rather, you may wish to get a civil injunction (a restraining order).

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This blog entry is not a statement of law, but offers an example of how the court may view things generally.  There are many many reasons why, in any particular case, a court may do things much differently than portrayed here.  However, this will give readers a general idea of how courts in Utah approach asset and debt distribution.

Now, draw a big circle on a piece of paper.   This is the MARITAL PIE.

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