In Utah, child support is not based upon poorly the number of days each parent has custody of his or her children. While the division of child custody has an effect on the calculation of child support, child support is based upon a combination of tradition of time between the parents and the parents' respective gross incomes. To give you a stark (and oversimplified) example, imagine a divorced couple where the mother and father have exactly 50-50 joint physical custody of their children. Now imagine that the father grosses $17,000 a month, and the mother grosses minimum wage, or $1,256 per month. Let's also assume that the parents share custody on a week on week off basis. The Way, Utah sees it, the lifestyle to which these children are accustomed is based on the monthly aggregate income of both parents, or $18,256 per month. Rather than have the children live like kings when they're with dad, and then live like paupers when with mom, the law in Utah seeks to level out the amount of money spent on the children by both parents. No, the law in Utah does not require dad to hand over half of his income to mom every month, and one of the reasons is because the parents are now divorced. Dad is responsible for helping mom maintain the lifestyle the children by giving her some of his income. Now here's an interesting fact. We know that if mom had been awarded sole custody of the children, dad would have to pay her child support. But what if the children had been awarded to their dad? What mom have to pay dad child support even though she makes minimum wage, and even though dad almost certainly has enough money to take care of the kids without contribution from mom? While the court has some discretion over how it awards child support, if the court strictly followed the child support guidelines of the Utah Code, the noncustodial parent in this case, mom would end up paying dad some child support. To get a better idea of how child support is calculated in Utah, the best thing to do would be to make an appointment to meet with an attorney (and yes, you should expect to pay the attorney for the service he or she provides in consulting with you, but like anything of value, it will be worth the price). You can also go to the Utah State Office of Recovery Services website, where they have a child support calculator that will show you what child support would be according to Utah's statutory child support guidelines. Here is the link: https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/action/public/custodyWorksheet/show
Answered on Jan 07th, 2014 at 1:54 PM