When faced with divorce, many issues need to be discussed and agreed upon with issues surrounding children remaining one of the highest priorities. Inevitably, when kids are involved, questions regarding child support remain the top issues in any impending divorce case. It is important to understand how this support is calculated and ultimately what you will be responsible for according to the law. At Wall Legal Solutions, we are here to help guide you through this time and offer support in any way that we can. Whether you are facing divorce, legal separation or paternity claims, our experts are here to help you navigate through all of the issues and questions you will face.

How is Child Support Calculated?

The state of Utah has its own specific set of parameters as it pertains to divorce and children. The following information highlights the basics:

  • Parents filing for divorce in the state of Utah are required to complete a mandatory divorce education course.
  • By law, the spouse who isn’t filing for the divorce must be served with papers. If the spouse refuses to sign the agreement, it will be served by a constable or the Sherriff’s office.
  • There is a waiting period of 90 days after filing before a divorce can be finalized·
  • Child support is ultimately determined by calculations that come out of a Child Support Worsksheet.

The process for filing is rather simple. The filing party needs to sign an affidavit that verifies their residency along with a brief description of the grounds for divorce. The child support worksheet takes into consideration things such as each spouse’s income, retirement contributions to date and taxes paid. It utilizes a specific model called the Shares Model to determine the amount of support that the non-custodial parent must pay. This model looks at the amount of money that would have been available if the marriage was not ending. This amount is then divided in equal proportions using each parent’s income to determine the amount of their responsibility. The state of Utah has strict guidelines for enforcing child support up to and including placing liens on the property of a parent who has defaulted in their support agreement.

Child Support for College Students

A big question in many parents’ minds regarding child support is that of college tuition. For the most part, the court mandated support ceases when the child turns 18 or graduates from high school, but in the state of Utah there are exceptions to this rule. For the most part, these exceptions would be determined at the time of the original child support agreement. In some circumstances, the court can order child support be paid up until the child turns 21. This is typically for unusual and special circumstances.  For example, if a dependent is unable to provide care for themselves at the time they turn 18, the court could mandate the continuance of child support. Although there is not a defined set of rules regarding child support for college tuition, the courts have the power to order support up until the age of 21 or when the child gets married.

Wall & Wall Legal Solutions, PC Can Help

We understand that one of the biggest concerns of parents facing these situations is understanding what their financial obligations will be moving forward. Questions such as how long will support be mandated and what does the law say about expenses if their child goes off to college. We are here to help. Contact Wall Legal Solutions here, or call 801-441-2388 to schedule your free consultation. In addition to divorce and separation cases, we also help with issues pertaining to earlier divorce judgments, child custody information, and more.

Download a PDF Version of This Page Here

Wall Legal Solutions

We understand the many complexities surrounding the issues of family law and divorce. We have helped many families throughout the Salt Lake Valley to make educated decisions about their case by providing them with the required legal insight. At Wall and Wall you can rest easy knowing that you have an attorney dedicated to protecting your rights, who listen to you attentively, and one who is sensitive to the emotions involved.
Wall Legal Solutions