Family Law Section

Child Support Frequently Asked Questions

1. If my child support order is $250.00 per month, why do I receive less than that through withholding?

If the non-custodial parent is paid every two weeks, the total support obligation for the year is added together and divided by 26 so that you receive a consistent amount of support. So, the total support amount for the year would be $3,000. The amount you would receive for each check would be $115.38.

2. Why don't I receive credit for my present family?

If you started a second family after you had a previous order for support; you cannot use the second family to reduce the support of the first family. If the custodial parent from your first family wants to increase the support, you can use your second family to mitigate the increase.

3. Why do I have to pay support when the custodial parent is preventing me from seeing my children?

Parent-time and support are both rights that exist for the child. Both are important to a child. Our courts have indicated that parent-time should not be withheld because someone is behind in support and support should not be withheld in order to force parent-time.

4. Do I receive credit for the premiums that I am paying for health insurance for my child?

Unless your order says something different, you will receive 1/2 credit of the per capita amount for the child. That means that if you have 5 people covered on the insurance, you will receive credit for 1/2 of 1/5.

5. I have two children and one will soon be 18 and graduate from high school. Can I reduce my support when my child graduates by cutting my support in half?

Probably not. You will need to use the worksheet that was filed with your original order and recalculate the support for one child based upon the incomes that are found there.

6. I have an agreement with my ex-spouse to change the support. Is there any reason that I need to go to court?

Yes. Even if it is a written agreement, the court needs to approve it in order to change your order.

7. Why is my support obligation so much higher than the guys I work with?

There are many reasons that orders are different. Other parents may have additional obligations in other cases that have caused the order you have discussed to be less. Some orders were entered under lower guidelines or did not use guidelines. All of those things have to be considered.

8. My husband and I are living separately, but are not divorced. Will financial support for my children and myself be automatically required by the law?

You don’t have to be divorced to receive child support, but you do need an order that establishes the amounts. That can be done through the Office of Recovery Services or through the courts.

9. In a divorce, who decides how much child support I will get? Is there a set amount per child, or are other factors taken into consideration?

In a court proceeding the judge has the final say regarding the support. There are guidelines that have been established in the law, and the judge will follow those guidelines unless there are specific reasons that it would not be in the best interests of the child to do so. The guidelines are based upon a formula that uses the income of both parents and the number of children to determine the total support amount. If either parent has a court-ordered obligation to pay support for a different child, credit might be given in determining the support.

10. My children live with me, so why does my divorce decree include an obligation on my part for child support?

In Utah, the obligation for support follows the child. Both parents have the obligation to provide for the support of a child. When the obligation is calculated, it is calculated for each parent. When a parent has physical custody of a child they are not expected to pay the support because it is expected they are spending those costs in providing for the child in their home. If the child leaves the custody of that parent, the amount of support that parent will be required to pay is already determined.

11. What happens if a parent does not make court-ordered child support payments?

Not obeying a court order is serious. If a parent fails to pay the financial support, or fails to pay it on time, the child will not have the benefit of that support. In many cases, that will result in the child not having their basic needs met. A judge can find the parent in contempt for failing to obey the order. The punishment for contempt can be up to 30 days of jail for each violation.

When a parent fails to provide for a child who lives with them, there are criminal charges that can be brought against that parent. The same is true for the parent who does not live with the child but fails to provide for them.

12. Will the Attorney General’s office represent me in getting child support payments after my divorce?

The Attorney General’s Office cannot represent private persons. They do represent the Office of Recovery Services and if you have an open case with ORS, the Attorney General’s Office will represent ORS.

ORS does provide enforcement services for child support. Many times your interest and the interest of ORS will be the same. When it is, you will probably agree with the action taken by the Attorney General’s Office. Sometimes you may not agree with the position taken by ORS. In those cases, you would also disagree with the actions taken by the Attorney General’s Office.

13. Why does the State of Utah get involved in my divorce? What is an intervenor?

The State of Utah has a right by law to be involved in any divorce in which one of the parties either (a) is receiving public assistance or medical benefits or (b) has requested services from ORS. If there is a court action, the Attorney General’s Office will file a motion with the court asking to join in the case as an intervenor. That means that ORS has an open case and requests to be allowed to join.

14. Under what circumstances will the State seek to modify the child support provisions in my divorce decree?

If your court order is more than three years old, ORS will review the order if (a) there is public assistance being provided or (b) one of the parents requests the review. ORS will request verification of financial information as it determines whether a modification would be appropriate. If in the review it appears that the order would be appropriate for modification, ORS will refer the case to the Attorney General’s Office. The Attorney General’s Office will then review the case to determine whether it meets the standards for modification. If it does, the Attorney General’s Office will file the modification petition.