Practice Area
Child support that reflects your child’s needs
Valued. Structured. Deliberate.
Child support is not simply a financial obligation, it is a reflection of both parents’ responsibility to provide for their child. Ms. Wood ensures that support obligations are calculated correctly, documented thoroughly, and enforced when necessary.
What child support means under Utah law
In Utah, child support is determined by a statutory formula set out in the Utah Child Support Act. The formula takes into account both parents’ gross incomes, the number of children, and the custody arrangement. The result is a guideline amount that courts generally follow, though upward deviations are possible in certain circumstances.
Child support is the right of the child, not the parent. It exists to ensure that a child’s financial needs are met regardless of the parents’ relationship status, and both parents share in that obligation according to their means and the time each spends with the child. In addition to base child support, the court will enter orders to share medical and daycare costs for the child.
Support obligations are typically established as part of a divorce or custody proceeding, but can also be established independently between unmarried parents. Once in place, a support order is legally binding and enforceable, and noncompliance can carry serious consequences.
Ms. Wood brings careful attention to the financial details that determine a correct support calculation, and advocates firmly where a proposed amount does not reflect the true picture of either parent’s income.
How support is calculatedThe factors that shape a support obligation
Both Parents’ Gross Income
Utah’s formula is income-based. Gross income includes wages, salaries, bonuses, commissions, self-employment income, rental income, and other sources. Accurately establishing each parent’s income is the foundation of any support calculation.
Custody Arrangement
The amount of time each parent spends with the child directly affects the support obligation. Joint physical custody arrangements are calculated differently from sole custody arrangements, reflecting the shared costs of care.
Number of Children
The support obligation increases with the number of children subject to the order. Utah’s guidelines provide a base amount per child, adjusted for the combined income of both parents.
Health Insurance Costs
Medical premiums and uninsured medical expenses associated with the child are typically shared between the parents and are in addition to base child support.
Work-Related Childcare
Childcare costs that allow a parent to work or attend education or training are in addition to the base child support calculation. These costs are typically shared equally by the parents.
The child support process, step by step
Financial Disclosure
Both parents provide complete financial information, including pay stubs, tax returns, and documentation of other income sources. Accurate disclosure is essential to a correct support calculation and is required by law.
Calculation and Review
Ms. Wood applies Utah’s statutory formula to the disclosed financials, reviews the result for accuracy, and identifies any factors that may warrant a deviation from the guideline amount.
Negotiation or Mediation
Where support is disputed, Ashley will negotiate on your behalf or represent you in mediation. The goal is a resolution that reflects the correct legal obligation and your child’s actual needs.
Court Order
A child support order is entered by the court as part of the divorce, custody, or standalone support proceeding. The order specifies the monthly amount, payment method, and allocation of medical and childcare costs.
Enforcement (if needed)
If the paying parent fails to comply with a support order, Ashley can assist with enforcement through income withholding, contempt proceedings, or other available remedies under Utah law.
Modification
Child support can be modified if there has been a substantial change in circumstances, such as a significant change in either parent’s income, a change in custody, or a change in the child’s needs. Ashley will assess whether modification is warranted and guide you through the process.
What clients ask most
How is child support calculated in Utah?
Utah uses a statutory formula that considers both parents’ gross incomes, the number of children, and custody arrangement. The result is a guideline amount that courts generally follow. Ms. Wood can walk you through exactly how the formula applies to your situation.
Can child support be negotiated between parents?
Parents can agree on a support amount, but any agreement must be approved by the court and must meet the minimum requirements under Utah’s guidelines. A court will not approve an agreement that waives child support.
What counts as income for child support purposes?
Utah’s definition of gross income is broad. It includes wages, salaries, bonuses, commissions, tips, self-employment income, rental income, investment income, and certain benefits. In some cases, a court may impute income to a parent who is voluntarily unemployed or underemployed.
How long does child support last in Utah?
In Utah, child support generally continues until the child turns 18, or until the child graduates from high school, whichever occurs later. Support may continue beyond that in limited circumstances, such as when a child has a disability.
What happens if a parent does not pay child support?
Nonpayment of child support is taken seriously by Utah courts. Enforcement mechanisms include income withholding orders, interception of tax refunds, suspension of driver’s and professional licenses, and contempt of court proceedings. Ashley can advise on the most effective course of action.
Can child support be modified after an order is entered?
Yes. Either parent can request a modification if there has been a substantial change in circumstances since the order was entered, such as a significant change in income, a change in custody, or a change in the child’s needs. Support orders are also subject to periodic review upon request.
Does joint custody eliminate child support?
Not necessarily. Even in joint physical custody arrangements, a support obligation typically exists based on the income difference between the parents and the specific time each parent spends with the child overnight. The formula adjusts for joint custody, but may not result in zero support.
Who pays for medical expenses not covered by insurance?
Uninsured medical expenses for the child are typically shared between the parents. The support order will generally specify how these costs are to be divided and the process for reimbursement.
Initial consultations are an opportunity to understand your legal position, ask questions, and determine whether Ashley Wood Law, P.C. is the right fit for your matter. There is no obligation to proceed.
Ashley Wood Law, P.C. · Salt Lake City, Utah · 801-459-3499