In Utah, there are certain formulas that judges use to calculate how much child support is owed by one parent to another after a divorce. Typically, judges and court commissioners will follow the child support guidelines; however, they can deviate from those guidelines. If you feel as though your case may be an exception to the rule, you have the ability to inform the judge of special circumstances.
Examples of situations where child support may need to be more than what the guidelines suggest may include the following: You have a child with special needs. If a child is disabled or has special needs that require additional care or medical treatment, state-recommended child support amounts may not be enough to provide proper care for your child. Increased support may also be needed to maintain a child’s particular passion for an interest such as a musical instrument or membership in a sport’s team.
Your spouse earns considerably more than you do. If you have primary custody of your children, but your child’s other parent makes a significant amount more than you do, a judge may require the noncustodial parent to pay more than the state’s recommendation. This can also apply if the child’s noncustodial parent has a substantial amount of assets, or if their job provides special compensation measures such as company-provided cars or housing.
Conversely, situations exist where a parent may be required to pay less than what is typically required, including: A noncustodial parent does not have adequate funds. Sometimes a parent has experienced a change in their income level and is no longer able to pay the same amount of child support. In this case, a judge or court commissioner may reexamine the total child support required and lower it to a manageable amount.
The state’s guideline requires an excess of the child’s situation. If a noncustodial parent earns a salary that is greatly above the average person’s income, the state-guided formulas may require a payment of more than what is needed. In this case, the court may lower child support payments to a reasonable amount for the parents’ and child’s circumstances.
Make Sure You Get a Prenup
In recent years, there has been a notable increase in the number of empty-nesters and retirees who’ve gotten divorced. It makes perfect sense not to spend your golden years in a broken relationship, but once you’ve found a new relationship, you should bear in mind that it too could break.
Here are few points to consider:
The impact of your divorce on your finances — Getting your freedom was great, but it probably came at a cost. For many grey divorcées, that means less in the retirement fund and long-term alimony payments. A prenuptial agreement can secure your remaining wealth against the possibility of another divorce.
Your desire to leave a legacy for your children — Who gets your wealth if you pass away unexpectedly? Unless you’ve planned explicitly — with a will, a living trust or a prenuptial agreement — your new spouse might inherit much of the wealth you’d rather pass to your children. Then when your spouse dies, your children could be totally shut out.
None of us is getting any younger — With age comes infirmity, and sudden disabling injuries or illnesses are more likely. A prenup can spell out how you are going to deal with long-term care issues.
Of course, many seniors will decide that once through the divorce mill is enough. So, rather than getting married, they’ll simply cohabitate. But it still helps to put forth a clear, explicit statement of the relationship in a cohabitation agreement.
Free Consultation with Child Support Lawyer
If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506