In Utah, both parents have a legal obligation to support their children. When parents are divorced or were never married, that obligation is formalized through the Utah child support guidelines — a framework that takes into account each parent’s adjusted gross income, the number of children, and the amount of parenting time each parent has.
The guidelines exist for good reason: they make child support fair, predictable, and consistent. In most cases, applying them will produce an appropriate result. But child support is not one-size-fits-all. In certain circumstances, a court may order an amount that departs from what the guidelines prescribe — a deviation.
Can Parents Agree to a Different Amount?
Utah parents may agree to pay more child support than the guidelines require. However, they cannot agree to pay less. Child support is a right that belongs to the child, not the parents, and parents cannot negotiate it away. Any agreement to pay less than the guideline amount will not be approved by the court.
If parents disagree about the amount and one parent believes the guideline amount is unfair, that parent may ask the court for a deviation.
What Does It Take to Get a Deviation From the Guidelines?
A deviation is not easy to obtain. The guidelines are presumed correct, and that presumption can only be overturned by a written finding — or a specific finding on the record — that following the guidelines would be unjust, inappropriate, or not in the best interest of the child in that particular case.
Utah Code Section 78B-12-210(3) sets out this standard. In practice, courts are reluctant to deviate downward. Deviations are rare, and downward deviations — orders for less support than the guidelines call for — are extremely rare.
When courts do deviate, it is almost always upward, ordering more than the standard amount. Parents often stipulate to upward deviations when a child has exceptional needs that the standard formula does not fully capture.
What Factors Does the Court Consider When Deviating?
If a court finds that the guideline amount would be unfair, it does not simply pick a different number. It evaluates a specific set of statutory factors listed in Utah Code Section 76B-12-202(3), including:
- The standard of living and overall situation of each party
- The relative wealth and income of each parent
- The paying parent’s ability to earn
- The receiving parent’s ability to earn
- For adult children with disabilities: the child’s ability to earn or benefits received, such as Supplemental Security Income
- The financial needs of each party and the child
- The ages of the parties
- Each parent’s obligations to support other individuals
Only courts can grant deviations from the child support guidelines. State agencies such as the Department of Child and Family Services (DCFS) and the Office of Recovery Services (ORS) do not have authority to grant downward deviations on their own.
Should You Seek a Child Support Deviation?
Utah law provides very limited grounds for a downward deviation. Courts prefer to apply the guidelines because they are designed to produce fair results for the vast majority of families. Exceptional circumstances are required, and the bar is high.
If you believe a deviation is warranted in your case — whether upward to meet a child’s exceptional needs, or downward based on genuine financial hardship — an experienced Utah child support attorney can evaluate your situation and tell you honestly whether it is worth pursuing. If it is, your attorney will help you gather and present the evidence the court needs.
Frequently Asked Questions
What is a child support deviation in Utah?
A deviation is a court order for child support in an amount higher or lower than what the Utah child support guidelines would normally produce. Deviations require a specific finding that the guideline amount would be unjust, inappropriate, or not in the child’s best interest.
Can parents agree to pay less child support than the guidelines require?
No. Child support belongs to the child, and parents cannot agree to reduce it below the guideline amount. Courts will not approve such an agreement.
How often do Utah courts grant downward deviations?
Rarely. Courts presume the guideline amount is correct and deviate downward only in truly exceptional circumstances. Upward deviations — ordering more than the guidelines require — are more common, often when a child has special needs.
Can the ORS grant a deviation from child support guidelines?
No. Only a court has the authority to grant a deviation. State agencies like the ORS and DCFS cannot reduce a child support obligation on their own.
What evidence do I need to request a child support deviation?
You will need to demonstrate that applying the standard guidelines would be unjust or not in the child’s best interest. Evidence typically includes financial documentation from both parents, documentation of the child’s specific needs, and any other factors that make the standard formula inappropriate in your situation.
Contact Ashley Wood Law
If you have questions about child support calculations or whether a deviation may be appropriate in your case, Ashley Wood Law is here to help. Based in Salt Lake City, Ashley Wood Law, P.C. provides trusted counsel to parents navigating child support and family law matters throughout Utah. Call (801) 459-3499 or contact us online at contact@ashleywoodlaw.com to schedule a consultation with an experienced Utah child support attorney.