Child support is calculated using the gross monthly income of both parents and the number of overnights the child spends in each household.
The court will consider the child’s wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child’s preference unless the child is at least 14 years old .
Assess each parent’s income; Calculate the parents’ combined income; To calculate each parent’s income percentage, divide each parent’s income by their combined total; To calculate the total amount of child support payable, multiply the costs of the child by the positive child support percentage.
Child support payments vary wildly from state to state The Northeast has highest child support payments, while Rocky Mountain states are the lowest. Child support is $100 more in states that don’t consider a mother’s income. Mississippi , North Dakota and Texas still don’t compute mothers’ income into their calculations.
Primary Custody Falls to the Mother No matter how fit the father is, in Utah the unmarried mother gains a natural right to custody after the child is born. As a result, she has legal control over the child and her rights are superior not only to the father’s, but also to any other person.
Utah law requires the child support obligation to follow the child . This means we will enforce the obligation against the parent who does not have physical custody of the child . If neither parent has physical custody of a child who is living with a relative, we will enforce the obligations of both parents.
A parent is deemed to be incompetent or unfit if: They are suffering from a mental condition that renders them incapable of attending to a child’s current and future physical and emotional needs. They are alcoholics or drug addicts. They have a history of exhibiting violent behavior.
Whether it was initiated by anger or inappropriate behavior, child abuse will definitely cause the parents to lose custody of their children . If you suspect your former spouse has abused your child , notify the police and contact Salt Lake City child custody attorney Emy A. Cordano.
Utah Criminal Code §76-5-109 defines child abandonment as intentionally ceasing to maintain physical custody of your child or intentionally failing to ensure that he or she is safely in the physical care or custody of another.
Depending on the state where he lives, a father must pay 15 percent to 20 percent of his pretax income (20 percent to 25 percent, or more, after-tax) as child support for one child. This usually goes to 25 percent to 35 percent pretax (30 percent to 40 percent , or more, after-tax) because there is more than one child.
Many parents ask, “ does child support increase if my salary increases ?” It depends. A “substantial change in circumstances” is not a temporary change. By contrast, if one parent quits a job or takes a low-paying job to reduce his or her support obligation, a judge won’t modify the deadbeat parent’s support obligation.
The biggest factor in calculating child support is how much the parents earn. Some states consider both parents’ income , but others consider only the income of the noncustodial parent. In most states, the percentage of time that each parent spends with the children is another important factor.
So, in general, the answer is no, you will not have to pay more child support for your second job . If one parent normally and consistently worked more than 40 hours at their job (overtime pay), the court can take this into account when issuing a child support order.
They must first sue you, win the lawsuit, and get the court to issue a wage garnishment order against you. Once they jump through all of these hoops, the amount they can garnish is limited to a maximum of 25% of your disposable income. For more information see Nolo’s article, If Your Wages are Garnished: Your Rights.
Usually, a state court may enter an order requiring payment of money from a parent who lives in another state only if that out-of- state parent has a specific connection to the other state . This connection gives the court something that is known as personal jurisdiction or jurisdiction over the person.