Comments on: Utah’s New Child Support Guidelines http://longokura.com/blog/2007/07/30/utah%e2%80%99s-new-child-support-guidelines/ An expansive view of family law issues in Utah Sat, 24 Dec 2011 05:30:15 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: T http://longokura.com/blog/2007/07/30/utah%e2%80%99s-new-child-support-guidelines/comment-page-1/#comment-2506 T Tue, 15 Nov 2011 18:34:53 +0000 http://www.longokura.com/blog/?p=3#comment-2506 My ex currently is self employed nd does not report an income. All the income he makes is "under the table" is there a base minimum that is required for a father to pay in this situation? My ex currently is self employed nd does not report an income. All the income he makes is “under the table” is there a base minimum that is required for a father to pay in this situation?

]]> By: Toni Palmer http://longokura.com/blog/2007/07/30/utah%e2%80%99s-new-child-support-guidelines/comment-page-1/#comment-475 Toni Palmer Tue, 23 Jun 2009 03:04:48 +0000 http://www.longokura.com/blog/?p=3#comment-475 My ex-husband just finished his residencly and will start working for a large sum of money July 2009. Our combined monthly income is 18,000. Our original order was prior to Jan. 2008. His attorney is attempting to modify support 6 years forward to capture the old guidelines, He will have an increase in base pay, I believe 6-10% July 2010. If I sign the proposal now, can I petition the court to modify using the new guidelines in Jan. 2010 with no status change or does there have to be a change in income or circumstances. If so how much does the change have to reflect. If I received a couple dollar raise could I petition to modify? I have many questons and am looking for succinct counsel. Sincerely, Toni Palmer My ex-husband just finished his residencly and will start working for a large sum of money July 2009. Our combined monthly income is 18,000. Our original order was prior to Jan. 2008. His attorney is attempting to modify support 6 years forward to capture the old guidelines, He will have an increase in base pay, I believe 6-10% July 2010. If I sign the proposal now, can I petition the court to modify using the new guidelines in Jan. 2010 with no status change or does there have to be a change in income or circumstances. If so how much does the change have to reflect. If I received a couple dollar raise could I petition to modify? I have many questons and am looking for succinct counsel.
Sincerely, Toni Palmer

]]> By: rebecca http://longokura.com/blog/2007/07/30/utah%e2%80%99s-new-child-support-guidelines/comment-page-1/#comment-69 rebecca Wed, 16 Apr 2008 23:34:26 +0000 http://www.longokura.com/blog/?p=3#comment-69 The Utah Legislature cleared up the issue as to whether the new guidelines apply if there is only a temporary order in place prior to the first of this year. The Legislature passed Senate Bill 198 which clearly states that the new guidelines apply if there were no final orders prior to January 1st of 2008. The Utah Legislature cleared up the issue as to whether the new guidelines apply if there is only a temporary order in place prior to the first of this year. The Legislature passed Senate Bill 198 which clearly states that the new guidelines apply if there were no final orders prior to January 1st of 2008.

]]> By: rebecca http://longokura.com/blog/2007/07/30/utah%e2%80%99s-new-child-support-guidelines/comment-page-1/#comment-43 rebecca Fri, 14 Mar 2008 23:07:24 +0000 http://www.longokura.com/blog/?p=3#comment-43 @Custody: Thank you for commenting on this blog entry. It appears that you may be writing from Georgia, as your code reference appears to be regarding Georgia Code. Readers should keep in mind that states vary on definitions and use of "joint custody." Utah Code defines joint legal custody differently than Georgia does. Please see <a href="http://le.utah.gov/~code/TITLE30/30_03.htm" rel="nofollow">Utah Code Annotated sections 30-3-10.1 through 30-3-10.3</a>. Further, Utah Code provides in section <a href="http://le.utah.gov/~code/TITLE30/htm/30_03015.htm" rel="nofollow">30-3-10.3(4)</a> that if the final order regarding joint legal custody fails to be specific as to the parental rights of the parent with less physical time, the other parent (the primary custodial parent) may make the default decision on legal custody issues. This year, the Utah Legistlature <a href="http://le.utah.gov/~2008/bills/hbillamd/hb0415s01.pdf" rel="nofollow">proposed legislation </a>to make joint legal custody a presumption, allowing that presumption to be rebutted by a showing that joint legal custody was not in the child's best interest. This legislation did not pass, and instead the code makes only the non-commital statement that, "The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child." This code provision, <a href="http://le.utah.gov/~code/TITLE30/htm/30_03012.htm" rel="nofollow">Utah Code Annotated section 30-3-10(1)(b)</a>, does not specify whether it is talking about physical custody, legal custody, or both. Thanks again for your comments. @Custody: Thank you for commenting on this blog entry. It appears that you may be writing from Georgia, as your code reference appears to be regarding Georgia Code. Readers should keep in mind that states vary on definitions and use of “joint custody.”

Utah Code defines joint legal custody differently than Georgia does. Please see Utah Code Annotated sections 30-3-10.1 through 30-3-10.3. Further, Utah Code provides in section 30-3-10.3(4) that if the final order regarding joint legal custody fails to be specific as to the parental rights of the parent with less physical time, the other parent (the primary custodial parent) may make the default decision on legal custody issues.

This year, the Utah Legistlature proposed legislation to make joint legal custody a presumption, allowing that presumption to be rebutted by a showing that joint legal custody was not in the child’s best interest. This legislation did not pass, and instead the code makes only the non-commital statement that, “The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child.” This code provision, Utah Code Annotated section 30-3-10(1)(b), does not specify whether it is talking about physical custody, legal custody, or both.

Thanks again for your comments.

]]> By: Custody http://longokura.com/blog/2007/07/30/utah%e2%80%99s-new-child-support-guidelines/comment-page-1/#comment-42 Custody Fri, 14 Mar 2008 22:08:20 +0000 http://www.longokura.com/blog/?p=3#comment-42 One way to try to include the non- custodial parent or secondary custodian in the decision making regarding their child is for the parents to have joint legal custody. The law currently allows joint legal custody to be awarded, and in most cases it probably is awarded. OCGA 19- 9- 6 states, "'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, and religious training; provided, however, that the... One way to try to include the non- custodial parent or secondary custodian in the decision making regarding their child is for the parents to have joint legal custody. The law currently allows joint legal custody to be awarded, and in most cases it probably is awarded. OCGA 19- 9- 6 states, “‘Joint legal custody’ means both parents have equal rights and responsibilities for major decisions concerning the child, including the child’s education, health care, and religious training; provided, however, that the…

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