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Three Things you MUST Know About Child Support in Utah

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Child support is a hot topic in almost every divorce. I have yet to have a client who does not want to ensure that their children receive all of the support they need, at the same time some custodial parents want too much child support so they can waste it on themselves. Here are a few things to know about child support before you sign a divorce decree.

Child Support is a Child’s Right

First, child support is your children’s right. It is not a right that is controlled by your ex-spouse. This is good and bad. The good news is, your ex-spouse cannot dictate how much support will be. The bad news is your ex-spouse cannot waive child support either. The state of Utah views child support as the children’s right to support, and it has an administrative agency that works hard to ensure children receive the proper amount of support.

Child Support Calculation

Second, child support is calculated based on your gross income for a 40 hour/week job. Gross income means the amount you earn before taxes. It is also based on the custodial parent’s gross income and how many overnights the non-custodial parent has. In cases where a parent is not working or is underemployed, an income can be imputed based on their ability to earn.  Other factors can also be considered. All of that information is placed in a calculator provided by the state of Utah. It spits out a number for how much each parent is responsible for the support of the children. The non-custodial parent then pays that amount in child support.

Can You Change Child Support?

Child support can be changed if certain criteria are met. Usually, if the most recent child support order is less than three (3) years old then the person seeking to modify child support would need to show a change in income that results in a 30% change in child support. Once the most recent child support order is more than three (3) years old, a person can seek to modify child support by showing a change in income that results in only a 10% change in child support. Also, as each child in the family graduates from high school or turns 18 (whichever is later), child support would automatically reduce as well.

Even though the state of Utah has outlined a specific formula for calculating child support, a savvy attorney can find ways to manipulate that calculation to lower or raise child support, depending on which direction you want child support to go. No matter what, consult a competent family law attorney before signing any kind of divorce decree to be sure you understand everything that you are signing.

If you want a FREE copy of the Utah Guide to Divorce, click on the picture below!

Filed Under: News Tagged With: attorney, Child support, custody, divorce, divorce decree, ex-spouse

I started Ammon Nelson Law, PLLC in 2013 because I did not believe people in Northern Utah were receiving proper representation in their divorce matters. Attorneys were happy to take people’s money and even aggressively litigate their case, but when the case was over people were often left in shambles. I believe an attorney should not only provide thorough and strong legal representation to their clients, but they should also connect their client’s with resources so that when the dust settles after the divorce, the client can move forward with their life in a healthy and happy way. I also believe education is the most important part of representing someone in a divorce. That’s why I created the Utah Guide to Divorce. Fill out the form below and The Utah Guide to Divorce will be sent directly to you!

 

Filed Under: News Tagged With: alimony, Child support, custody, divorce, divorce attorney, property settlement, visitation

NEVER Settle Your Divorce Without Considering These Three Property Issues

If you are considering divorce, or are in the middle of one, your mind is likely racing with all of the things you have to consider when settling. No doubt you are knee deep in parenting plans, custody arrangements, child support negotiations, and arguing over who gets the couch in the living room. If you are focusing on the orders that deal with your children, you are probably focusing on the right thing. There is nothing more important than the well-being of your children. At the same time, it can be tempting to only focus on the children at the expense of all of the property issues. Here are three property issues you should never ignore.

REAL PROPERTY

In most divorces, the marital home is the largest asset the family owns. Likely you have been building equity in your home for a good portion of your marriage. It is also the place where your children are most comfortable. In my experience, many people will give away the house, or the equity in the house, in exchange for something much less valuable. Make sure to discuss with your attorney the many options available for fairly dividing the marital home, including options where the custodial parent can stay in the home for a period to allow the children to stay where they are most comfortable.

RETIREMENT ACCOUNTS

Retirement accounts are usually the next largest asset in a marriage. However, a retirement account can be even more valuable than the marital home because it will likely increase in value at a much faster rate than the marital home will. For this reason you should think twice before exchanging retirement for equity in a home.  Even though splitting a retirement account will require some additional attorney fees, the growth value of a retirement account is unrivaled in a divorce. Make sure to think through your settlement of the marital retirement before signing divorce papers.

VEHICLES

In many divorces people simply take the car that they traditionally drove during the marriage. This makes sense in a lot of cases, but sometimes this results in an unfair settlement. If the wife’s car is newer, has a higher value, and fits all the kids, but has no equity, the husband’s car that is paid off and has more equity can be better to have in a divorce simply because it is worth more. An even better solution might be for the husband to take his car and the wife take her car, but for the husband to also pay the wife her half of the equity in husband’s car. This allows the wife to keep the car that holds all of the children but has not equity, without sacrificing her share of the equity in her husband’s car.

Divorces can be complicated and negotiating all of the elements of a divorce without sacrificing more than is reasonable can be a challenge.  The best thing to do is to hire an attorney who specializes in divorce and custody cases; so that they can explain all of the elements to you in a way that makes it easier to understand. A good attorney will also give you instructional materials to help you better understand everything that goes into a divorce settlement.

Filed Under: News Tagged With: attorney, car, Child support, custody, divorce, Divorce lawyer, equity, marital home, parenting plan, retirement

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