Child support is an important issue for any divorcing couples with children. Parents need to know what to expect so they may plan for the future. Child support is money one parent pays the other to meet the needs of a child. Needs may include food, shelter, clothing, health insurance, medical costs, education and child care. The amount of child support is based on the income of both parents. The goal is to give children the same standard of living they would have if their parents were together. How long does child support last?In most circumstances, child support is paid until your child is age 21. Child support may be suspended or terminated if a child older than 16 becomes emancipated, marries or enters the military. Duty to pay child support does not stop automatically. Requests to stop making payments need to be submitted and approved by the same court that made the child support order. What If Parents Have Joint Custody?Joint custody is common if when both parents live locally. The effect of joint custody on child support depends on the nature of the joint custody arrangement. With joint legal custody, both parents share major decisions regarding the child. Joint legal custody may have no effect on child support. One parent still has primary custody of the child and handles payment of most of the child’s day-to-day expenses. The custodial parent’s expenses for the child have not been reduced by the joint custody arrangement. With joint physical custody, the child spends substantial time with each parent. If the parents have approximately equal incomes, it is possible neither parent will have to pay support to the other. The father and mother will pay the child’s day-to-day expenses when the child is in the respective homes. The parents, however, will need to coordinate payments on major expenses such as camp, school, clothing, and insurance. If there is a significant difference in the parents’ incomes, the parent with higher income probably will make payments to the other parent or pay more of the child’s expenses, but the amount paid might be less than the guideline amount because of the joint physical custody arrangement. How much will child support be?The basic formula for child support is based on both parents’ income per year and the number of children. If the parents’ combined income is $136,000 or less the court follows a simple formula: (Combined Parental Income) x (Child Support Percentage) = Basic Support Obligation Basic Support ExampleOne parent is the primary caregiver and makes $25,000. The other parent makes $100,000. They have one child. Total income is $125,000, which is multiplied the “child support percentage” of 17%. Additional Costs, Payments, or “Add Ons”In addition to the basic child support obligation, additional payments to cover child care costs (if the custodial parent is working or in school), health care expenses, school, camp, or other major expenses may be required. These payments are prorated at the same percentage as the support obligation (using our example, 80% and 20%). The basic award may be increased to include a pro-rated share of child care expenses, if the custodial parent is working or in school. In addition, the court may increase the award to include a pro-rated share of educational expenses for the child. Higher IncomesIf the combined income is more than $136,000, the court could use the same formula for all income or choose to set a “ceiling” for income to be applied to the formula. That ceiling could be much greater than $136,000 for very high-income couples. Alternatively, the court could use the formula for only the first $136,000 of combined income, and then decide how much (if any) additional to award by considering these factors: How to Increase Child Support PaymentsOne thing is certain – life is unpredictable. Even the well-thought out plans for child support may prove unsuccessful. So what happens when the child support amount you’ve been getting no longer covers your child’s basic needs? You go back to court. Once a child support order is issued, either parent may request that a court modify (change) the amount of support, either up or down. Although either parent can ask a court to modify child support, this article will focus on increasing child support payments. Show a Substantial Change in CircumstancesAlthough the specific requirements vary from state to state, generally in order to increase (or decrease) child support payments, the requesting parent will have to prove that after the existing order was put in place, a substantial change in circumstances occurred, such as a change in the child’s needs, an increase in salary, or the involuntary loss of a job. • Child’s Standard of Living Before Divorce or Separation: The courts also look at the needs and standard of living for the child before the divorce. The courts main intent is to ensure that the child receives the same type of living after the divorce and the separation does not impact the child in a major way. What Other Factors Are There In Determining Child Support? How Does the Court Determine the Child Support Payments?The courts often require each parent to fill out a financial statement to provide a complete overview of the parents income and expense. Then the court looks at both parent’s income and determines the situations that each parent is in before making the decision on the child support payments. In the financial statement, each parent has a duty to provide all the detail of his or her monthly income and expenses. Once the court sets out the child support payments, it always takes into factor the pre-divorce standard of living and attempts to continue this standard of living for the child. Child Support Calculator LawyerWhen you need a Utah lawyer for child support issues, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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