When it comes to child support, there are a lot of things that people get wrong and misunderstand. Some of these common misperceptions create confusion, stress, and unnecessary complications for parents in Utah. Utah law requires both parents to provide support for their children and this blog post aims to address and clarify some of the most common misperceptions about child support in Utah.
1. Child Support is Only About Money
One of the biggest misconceptions is that child support is just a financial obligation. While it’s true that child support is meant to ensure that children receive financial support, child support is about more than just money. It’s about ensuring that the child’s needs are met, which includes housing, food, clothing, education, and healthcare. Child support is also intended to make sure children live in financially stable homes. That means they have reduced stress and better emotional stability. There aren’t many things that are more stressful for children than financial insecurity in the home.
2. The Amount of Child Support is Determined by Law
Some people think that the child support amount is just made up or is decided by the judge. However, in Utah, child support is calculated based on specific guidelines found in state law. These guidelines take into account several factors, including each parent’s income, the number of children, and the number of overnights the children spend with each parent. While judges do have some discretion, they are bound by these guidelines, and any deviations must be justified with a valid reason.
3. Child Support Ends When the Child Turns 18
A common misperception is that child support automatically ends when the child turns 18. In Utah, child support typically continues until the child graduates from high school or turns 18, whichever comes later. However, if the child is still in high school when they turn 18, support payments continue until they graduate or turn 19, whichever occurs first. It’s important to understand these details to avoid any legal or financial complications.
4. Child Support Can Be Used for Anything
Some parents believe that the money received for child support can be spent on anything, including personal expenses unrelated to the child. While there is no strict monitoring of how child support funds are used, the expectation is that the money will be spent on the child’s needs. This includes direct expenses such as food, clothing, and school supplies, as well as indirect expenses like housing and utilities. Misusing child support funds can lead to disputes and, in extreme cases, legal consequences.
5. Paying Child Support Grants Visitation Rights
Child support and visitation are not the same thing, and they should not be confused. Visitation, or parent-time, is a right each parent has regardless of whether they are current on child support payments. On the flip side, paying child support does not entitle a parent to visitation or custody rights; these must be established through a separate legal process. Utah courts take a child’s best interest into account when making decisions about visitation, regardless of the child support status.
6. Child Support Orders are Set in Stone
Some parents believe that once a child support order is established, it cannot be changed. This is not true. In Utah, child support orders can be modified if there is a substantial change in circumstances. This could include changes in income, changes in the child’s needs, or significant changes in the amount of time the child spends with each parent. Either parent can request a modification, but they must provide evidence to support their claim that a modification is warranted. Utah law also allows a parent to request a modification of the child support amount one time every three years without first having to prove there was a substantial change in circumstances.
7. Only the Non-Custodial Parent Pays Child Support
Many people assume that only the non-custodial parent, i.e. the parent who does not have primary physical custody, is responsible for paying child support. That is not correct. Under Utah law, “Every parent shall support their child.” A child support calculation includes the amount of support that both parents are required to pay. However, that fact often gets overlooked because only one parent will actually pay the other parent money for child support. Normally, the parent who has more custody (or the parent who earns less in a 50/50 custody arrangement) will pay child support to the other parent. The non-paying parent is still required to provide financial support for the children. They just do it by using the money their own money. Both parents are expected to contribute financially to their child’s upbringing, regardless of who has primary custody.
8. Child Support Payments Cover All Child-Related Expenses
In addition, to paying a “child support” amount, parents are also required to contribute to other child-related expenses. People often think of child support as only the monthly payment made by one parent to the other to help out with the children’s basic needs, but child support is broader than that. In addition to the monthly child support payment, each parent is to pay for half of insurance premiums, half of unpaid medical expenses, and half of work-related childcare. Under some circumstances, parents may also agree to share school fees and extra-curricular activities.
9. If the Other Parent Remarries, Child Support Stops
Some parents mistakenly believe that if the custodial parent remarries, the non-custodial parent is no longer obligated to pay child support. That is not the case. In Utah, a parent’s obligation to pay child support does not end when the other parent remarries. The parent’s duty to provide financial support to the child regardless of the other parent’s financial or marital situation. The new spouse’s income is generally not considered when calculating child support unless it significantly affects the financial circumstances of the custodial household.
10. Child Support is Tax Deductible
Child support is not tax-deductible. Under federal law, child support payments are neither deductible by the paying parent nor considered taxable income for the receiving parent. This is because child support is viewed as a payment made on behalf of the child, not income for the recipient parent.
11. You Can Avoid Paying Child Support by Giving Up Parental Rights
Some parents believe they can avoid paying child support by voluntarily relinquishing their parental rights. However, in Utah, giving up parental rights does not necessarily absolve a parent of their obligation to pay child support. The court’s primary concern is the child’s best interests, and financial support is a critical part of that. Unless another adult, such as a step-parent, legally adopts the child and assumes financial responsibility, the obligation to pay child support generally remains.
12. Failure to Pay Child Support Has No Serious Consequences
Finally, one of the most dangerous misconceptions is that failing to pay child support will not result in serious consequences. In Utah, the consequences for failing to pay child support can be severe. Even if a person loses their job, they must continue to pay child support and if they do not, they will have to make up the back child support when they start earning money again. Utah’s Office of Recovery Services can enforce child support payments through wage garnishment, tax refund intercepts, and license suspensions. Additionally, the court can hold the non-paying parent in contempt which could lead to fines or, in extreme cases, jail time. It’s crucial for parents to understand the importance of meeting their child support obligations and to seek legal assistance if they are unable to make payments.
Conclusion
Child support is a complex and often misunderstood aspect of family law in Utah. By understanding and dispelling these common misperceptions, parents can better navigate their obligations and responsibilities. It’s important for both paying and receiving parents to stay informed about the laws and guidelines that govern child support in Utah and to seek legal guidance when necessary. Proper knowledge and preparation can help ensure that the best interests of the child are always prioritized, and that parents fulfill their responsibilities in a fair and just manner.
Have any questions? Call Schriever Law today!