Child Support in a Utah divorce case can be complicated. In Utah if you are filing for divorce and have children then it is more than likely that one spouse will pay child support. In Utah, child support is figured by taking the gross incomes of both parents and adding them together and then depending on the number of children a certain percentage is subtracted from the total amount of both incomes added together. (Call our office for a free consultation and we will evaluate the different amounts of child support depending on your income). Depending on how many overnights each parent has the child support will go up or down. In Utah, each spouse needs to have at least 111 overnights in order to be awarded joint legal custody in a divorce action in Utah. If one spouse has less than 111 overnights then the other spouse most likely will get sole physical custody of the children because the other parent does not have enough overnights to justify joint legal custody under Utah divorce laws.
Can child support ever change after the divorce is final? Yes. Child support can change if there is a substantial change in income. What is a substantial change? Usually it is 30% either up or down for either spouse. Therefore, if you have had a income change up or down by 30%, or your ex-spouse has, then you might want to petition the court to change child support. However, in some divorce decrees the Parties to the divorce action specify what percentage of change in income can justify a change in child support.
If you are facing a divorce in Utah and have children then you need a divorce lawyer that understands Utah’s divorce laws. At Arnold, Wadsworth & Coggins Attorneys, we have a team of lawyers to help you with your divorce case. Give us a call today for a free consultation in one of our offices. (801) 475-0123.
