First, take comfort that in Utah, the more overnight periods you have the children in your physical custody, the lower your child support obligation. Although it may come to you as cold comfort, it could be worse, had your ex-spouse been awarded sole custody of the children. Second, parents are generally required to share (usually equally) many different kinds of support costs for their children: monthly financial support to meet monthly living expenses for the children; child care, if the parents cannot take care of the during the work day; health and dental insurance and the costs of uninsured health care costs. As to your question about whether you can appeal your child support obligation, the answer is yes, you can. Remember, however, that just because you can ask the court to reduce your child support obligation does not mean that the court will agree with you and give you want you want. Here are the bases upon which you can seek a modification of your child support obligation (any part of your obligation, not just your monthly base child support obligation, but the obligation to share the costs of health insurance, health care, and child care): Utah Code Section 78B-12-210. Application of guidelines Use of ordered child support. (2) (a) *The guidelines shall be applied as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support*. (b) The rebuttable presumption means the provisions and considerations required by the guidelines, the award amounts resulting from the application of the guidelines, and the use of worksheets consistent with these guidelines are presumed to be correct, *unless rebutted under the provisions of this section*. (3) A written finding or specific finding on the record supporting the conclusion that complying with a provision of the guidelines or ordering an award amount resulting from use of the guidelines *would be unjust, inappropriate*, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case. If an order rebuts the presumption through findings, it is considered a deviated order.
Answered on Oct 07th, 2013 at 4:49 AM