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.
Utah Code Annotated 78B-12-301 subsection (2)(d) states as follows:
(2) The table [of increased child support obligation] in this Subsection (2) shall be used to: (d) modify a final child support order entered on or before December 31, 2007, if the modification is made on or after January 1, 2010.
Before all of you parents who are child support payers get too upset and before the receiving parents breathe a big sigh of relief, both parties need to realize that the legislature makes it clear that the mere existence of new guidelines does not automatically allow an increase in child support in all cases. First, the party who believes that he or she is entitled to more child support must Petition the court for modification of the child support. Second, that party must have good reason to believe that he or she meets the following requirements and must be able to articulate that the requirements are met when filing with the court:
NOTE: These requirements are fairly complicated and you are strongly advised to get the advice of a lawyer in interpreting the statute and determining if you may qualify for modification prior to filing in court.
Utah Code Annotated 78B-12-210.
(8) (a) If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may move the court to adjust the amount of a child support order.
(b) Upon receiving a motion under Subsection (8)(a), the court shall, taking into account the best interests of the child:
(i) determine whether there is a difference between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and
(ii) if there is a difference as described in Subsection (8)(b)(i), adjust the payor’s ordered support amount to the payor’s support amount provided in the guidelines if:
(A) the difference is 10% or more;
(B) the difference is not of a temporary nature; and
(C) the order adjusting the payor’s ordered support amount does not deviate from the guidelines.
(c) A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (8).
(9) (a) A parent, legal guardian, or the office may at any time petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances. A change in the base combined child support obligation table set forth in Section 78B-12-301 is not a substantial change in circumstances for the purposes of this Subsection (9).
(b) For purposes of this Subsection (9), a substantial change in circumstances may include:
(i) material changes in custody;
(ii) material changes in the relative wealth or assets of the parties;
(iii) material changes of 30% or more in the income of a parent;
(iv) material changes in the employment potential and ability of a parent to earn;
(v) material changes in the medical needs of the child; or
(vi) material changes in the legal responsibilities of either parent for the support of others.
(c) Upon receiving a petition under Subsection (9)(a), the court shall, taking into account the best interests of the child:
(i) determine whether a substantial change has occurred;
(ii) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and
(iii) adjust the payor’s ordered support amount to that which is provided for in the guidelines if:
(A) there is a difference of 15% or more; and
(B) the difference is not of a temporary nature.
@igancio, @dennis, @averagejoe, @at my wit’s end mom: Thank you for coming to our website and offering your feedback and comments on what you have experienced regarding this issue.
You may notice that we are not providing answers, here in the comment section, in regard to the questions raised by many of the commenting people. That is because the Utah State Bar does not allow us to provide any legal advice pertaining to a specific legal question or scenario without running a check for conflicts of interest. Each of the comment-ers that asked for specific advice have been notified by our firm and offered an initial consultation for only $25.00 so that get more information, check for a conflict of interest, and provide extensive legal advice.
We just didn’t want anyone to think that we ignore the good folks who stop by our blog!!!! Thank you for making us one of the most visited family law blogs in the United States!
I have supported both my daughters on my own. My first marriage ended because of his violence, and it took 5 years to get the divorce finalized. I have received about 100.00 through ORS and she is 19 1/2 now. ORS closed my case and would not reopen it because they couldn’t “find” him. I waited 6 years to even dare to date again. We ended up with a beautiful daughter, then I found out he had two kids with someone else. She took him to the cleaners thanks to her “friend” who works with ORS, and we suffered for it and supported him through it. When all of his back child support of over 800.00 per month was paid down, we parted because he was seeing her again. Playing both sides of the fence.
I have asked for help from ORS about an increase because I took heart on my ex and asked for the lowest possible amount to help him. 2 years ago, I had a stroke and have lived on $220.00 per month at my parents home with my two daughters, and that is when it comes in.
I have asked for an increase from them, and have constantly been denied. How much money, exactly, do I have to “NOT” make to have an increase? Can someone give me some advice? I just got my latest refusal for help, and I quote, “The Office of Recovery Services/Child Support Services {ORS/CSS) has received a request to review the support order for the above named case to determine if the support award should be adjusted upward or downward and/or to add a medical support provision. At this time ORS/CSS will not petition the court for a modification of the order because the facts related to the case do not support a modification. You may still pursue a modification by filing a petition with the court.
Sincerely,
JOHN KERR
Office of Recovery Services” (end quote)
This is the same letter I get from ORS each time I ask them for an increase. If I am required to petition the court myself because they aren’t doing there job, why don’t they include the forms and mail a secretary to file them with it, as this while my ex has bought a new home, boat, camping trailer, 4-wheelers, etc.
$220.00 per month is not even enough to pay the co-pays for our medical and Rx’x, Insurance, School needs, etc.
Tell me, should I be at my wits end?
Maybe I am missing something here but it seems that Utah is very lax when it comes to child support and collecting back support. I know a man who owes more that $10,000.00 in back support and nothing is ever done to him. He receives letters saying something will be done but nothing is ever done. I am a father who pays child support and I find it appalling that Utah seems to be so lax in there efforts to collect child support. If you read there mission statement you will read a completely different thing than what actually happens.
Thanks for the info. I am from Delaware and my child lives in Utah.
Also, To All that don’t leave in Delaware. Don’t come here. Our child support agency is know as the “Gestapo”. For instance. Delaware rec’d a request for a modification of support from Utah. I am current in my payments. It comes out automaticly from my pay. What does Delaware do, send out new garnishments. Now I am paying amost 3 times what I should. Had to take the state to court to have them stop. Court hearing is the end of this month.
I will surely bookmark this. Great blog.
Thank all of you so very much for your contribution and comments. Child support is a very emotional issue and I appreciate all that you have said and that you did so with candor but politely. Child support is SUPPOSED to be based only on income and overnights, but truly other issues arise- such as WHEN or IF income should be imputed to a party who makes nothing or less than they “should.” This may end up looking different based on other children in the home who need care, past employment and numerous other variables. We would love to hear more from you about your experiences with child support in the courts.
What about dead beat mothers? My husband has been there since day one an and is still there. His ex wife is a meth addict and pill popper and she only has to pay 20 dollars a month which she doesnt but why is it easier for a mother to get all this help but not a father?
You know, I live on both sides of the child support debate. My current husband is ordered to pay child support (and is very much current!) to his ex wife, and my ex husband is ordered to pay (and hasnt for over 5 years) child support to me. It sucks to not be able to rely on my ex husband to help financially (my son has special medical issues and we, my husband and I, get no help from my ex to pay for things). At the same time, my husband gets taken thru the modification process EVERY 3 YEARS thru ORS!!! So far, the order has not changed, because he has not gotten a raise big enough to warrant the change. We cover the medical for his kids (she refused to pay her part of the premium until the case was opened at ORS and they automatically take the adjustment), we would help out if she asked us to with activites or school clothes or anything…. but instead she requests another modification and demands (and was denied) that my husbands two part time jobs be taken into consideration.
I think if you are paying your child support and somewhere along the way get a raise, that money should not automatically be subject to higher child support. I know the raises this house has seen in the last years have NOT gone to the child living in the home, but rather to pay down debt and make us more financially secure.
And FYI for all of you out there who PAY child support – when an order is taken, it generates a dollar amount that both you and the other party should be responsible for in a month. If you don’t feel that the other party can account for both amounts being spent on the well being of the child, it can be an excellent argument before a judge. As a custodial parent, I can account for EVERY dollar I have spent of the small amount of child support I have gotten – and I think every custodial parent should be able to do the same.
Thank you ever so for you blog article.Thanks Again. Fantastic.
I think that they need to be able to suck deadbeat dads dry but the thing is, there are a lot of circumstances are going to put the father in hot water. The custody battle alone is hard enough.
Divorce is among the tricky areas of law. The proceedings are sometimes very long and in the end both parties sometimes don’t get what they want. She is right that sometimes there is delays in sending checks but we should not ignore the fact the recession will also play a vital role in delays.
There will be more problems with the child support orders but the question arises is current system a win win solution.
Just what you guys need? Try being a single parent for a while. It isn’t easy to work full time and be a full time parent. Work, daycare, medical costs, time…it all adds up. Some dads get upset for having to write that check every month..but I can assure you, the other side is much harder.
Hi slick sophie. You have to sdmit that great willing fathers get shafted. We fight and fighg for our righs and rarely win. It is sad. I would live more tan anything to be a singke father but all i want us half time which seems to be an issue for you most women to give. What ks it that makes e children your possessions? I have a great flexibile job and am a devoted loving father and cant even get a break. I am only praying that the custody evaluator i am paying thousands of dollars to is unbiased and sees that fathers are importsnt in a childs life. I love writing the check every month….put e shoes on e other foot for a minute sophie and tink how you would feel. Definitely easier to write a check for somethimg you are a part of. The system needs to be revamped, times are changing and many fathers including myself didnt have children just to sit on te sidelines.
I love being abfather, let me.
Thanks for the tip. Child support orders can be tricky.
Found this looking up information on child support in Utah. Just what us guys need – can it get worse? Wait…don’t answer that.