Child support is a contentious issue in Utah for parents who are considering divorce. Despite the separation, enough time is crucial for the health and happiness of the minor children and the divorcing parents alike.
Under the Utah law, both parents have to offer financial support for the children. Without it, many aspects of their lives get affected, education and healthcare included. Utah has defined Child Support Guidelines that determine the child’s obligation of every parent. The guidelines have three components namely basic child support, medical care and child care expenses.
1. Child Support is a Right
In Utah, child supports is the right of every child and not even your ex-spouse can dictate the support to offer or waive it. The state of Utah has an administrative agency that works to ensure the child support laws get honored.
2. In Utah, Child Support Is Non-Taxable
When it comes to child support in Utah, both the payer and the recipient are not subject to taxes and the payment must always be designated as nothing else other than child support. Child support payments are not tax deductible by the payer.
3. Can You Modify Child Support & Custody?
Utah law on child support allows a parent to modify the child support obligation by decreasing or increasing it. There are particular circumstances under which to modify the child custody obligation, for instance, significant changes in income.
Although you can ask for the modification of the child support, the court must determine that it’s for the best interests of the child.
4. Alimony & Taxes in Utah
The laws regarding alimony in Utah are gender neutral meaning that either the male or female ex-spouse can receive alimony. Alimony payments help the low-income ex-spouse to maintain almost the same living standards they had in marriage.
Under the law, alimony is an income and has to be taxed. Typically, the tax payments on alimony are transferred to the receiver. According to IRS, there are guidelines under which the amount paid on divorce or separation are considered alimony that include the following;
- You pay the amount in cash, checks and money orders included
- Divorce, separation decree or written agreement doesn’t state the amount is not alimony
- Payment is not for child support or property settlement
- No obligation to make payment after the death of the spouse (in cash or property)
- Payment received by or on behalf of your ex-spouse
Usually, your annual income will determine the amount of tax you’ll pay as alimony, which is which you should involve a financial advisor.
5. Tax Exemptions in Child Support
Where both parents have equal income, they have to share tax exemption in alternate years or divide the number of children for which the can claim the exemption. If that’s not the case, the parent who offers the most financial support receives the highest dependent tax exemptions.
Speak to a Divorce Attorney in Utah at Wall & Wall Attorneys at Law
Based in Salt Lake City, Utah, Wall & Wall Attorneys at Law, P.C is a family law firm in operation since 1973. Our divorce lawyers are courteous and will listen carefully to your divorce issues. We speak English and Spanish and offer interpreter services. Additionally, service members receive a discount on their divorce/separation and child custody cases. For a free 30-minutes no-obligation review of your case, contact Wall & Wall Attorneys at Law by calling us at 801-948-2203.