Child support is a fairly easy calculation. In Utah, child support is determined by a chart of income for the parents, as well as how many overnights each parent has the child at his or her home. If one of the parents does not work, their income will be considered as minimum wage. Utah’s child support statute can be found here: 78B-12-212.
Do Income Changes Affect Child Support?
When a parent’s income goes up or down within one to three years, a court can modify child support. But, it depends upon how much the income varies and how quickly it varies from the time the divorce decree is entered. It is always best practice to have parents agree to exchange W-2 forms each year, and/or when income changes, to provide a copy of each other’s most recent paystub and to modify child support under the chart (child support guidelines) when that occurs. By doing this, child support can always be changed without court intervention and on an ongoing basis.
Uniform Family Support Act
There is also a federal statute known as the Uniform Family Support Act (UIFSA). If the parents live in different states, a party may decide to file an original child support case directly in the state of the other party and proceed under that state’s laws. Under UIFSA, once there is a child support order in place, a state may not permit a party to proceed with a second child support case; rather, the second state court must enforce the existing child support order.
One of the important provisions of UIFSA is that if a parent submits to the jurisdiction of an out-of-state court to challenge child support, he or she does not consent to the court’s jurisdiction regarding custody. The court that originally made the child support determination retains exclusive jurisdiction as long as one of the parties or the child resides in the state.
Call Ted Weckel, Attorney at Law today at (801) 845-9029 to learn how our child support attorney in Salt Lake City can help you resolve your problems.
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Why Experience Matters
Having been a member of the bar since 1991, Ted has expertise in divorce, child custody, or alimony modification is needed to protect your rights and quality of life. Judges and opposing attorneys in Utah are more persuaded by a lawyer who exhibits knowledge of the law, preparation, and respect.
A Zealous Advocate
As a professional family law attorney in Salt Lake City, Ted is knowledgeable, collaborative and personable. He is a zealous advocate for his clients with a great deal of successful courtroom and mediation experience. We understand that expertise and integrity is key.
Practicing Law Since 1991
Hundreds of Successful Mediations or Verdicts
Prepares an In-Depth Strategy for Every Case
18 Published Appellate Opinions
6 Years Experience as a Judge Pro Tempore
Since 1993, our team at Ted Weckel, Attorney at Law has been helping clients throughout Salt Lake City and the surrounding areas resolve their family law problems. We can help you, too. To speak with our knowledgeable attorney, reach out to our firm and schedule a consultation. You can rely on us for well-informed advice and strong representation.