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Parents have a duty to support their minor children under Utah law. As a result, you can expect child support to be awarded in one fashion or another in virtually every divorce that includes a minor child. Even if their is joint custody of the child that will be true. The court can also award child support for children over the age of 18 in special circumstances such as mental disability. Depending on the circumstances, you can expect to either pay or receive child support.
Utah, like many other jurisdictions, bases child support on a predefined formula. The rigid calculation is intended to eliminate subjectivity from the Courts that sometimes result in unfair child support awards. The child support amount is based on the child care expenses and medical care expenses. The total support obligation is then proportionally shared by the parents according to their incomes. The non-custodial parent will pay the custodial parent their share of the child support. Utah has established an interactive Child Support Calculator that is used to determine the child-support amount. Accurate data must be entered to accurately calculate child support. In some case, the court can depart from rigid calculations where good cause is shown. When good cause is shown, the court’s child support worksheets and calculator are inapplicable. That’s why it is so critical that you have quality assistance in dealing with child support issues. The best way to deal with child support issues is to get help from a qualified attorney from Weekes Law.
Messy tax issues can result if both parents try to claim the same child for tax purposes. The IRS will automatically put a hold on any refunds due and audit both the claimed exemptions. The IRS may impose a penalty for the claimed exemption as well. A child support order should establish who is entitled to claim each child for state and federal tax purposes to avoid these issues. If the parties are unable to come to an agreement the court will make a determination factoring the contribution of each parent to the cost of raising the child and the relative tax benefit to each parent, among other factors.
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If you and your ex have agreed to all the terms of property division, custody, child support & maintenance and only need an attorney to draft the paperwork to make the agree legal, our flat-fee uncontested divorce can help.
We understand that attorneys sometimes complicate your agreement to increase their fees. Not us! Our flat-fee uncontested divorce will affordably draft and file all the necessary paperwork to quickly finalize your divorce–if you have already agreed to the terms.
Child support in Utah is based on a formula that can easily be calculated if the income of both spouses is known. You can use the calculator at Office of Recovery Services locate at Office of Recovery Services – (utah.gov).
Your property will be categorized as either a non-maritital asset or a marital asset. If the property was acquired during the marriage it will generally be a martial asset.
Each party will receive their separate property. Marital property will generally be divided equitably.
Alimony is a remedy awarded to help a financially weaker spouse become self-sufficient. In Utah alimony is discretionary and is not awarded in every case. Factors that a court will consider in determining if alimony should be awarded and if so how much includes:
Each party typically is responsible for his or her own legal expenses and costs associated with divorce. In some case, the court may award attorney’s fees.
In Utah if the divorce is contested (an answer is filed), then mediation is required. In some cases more than one mediation will be necessary to resolve all the issues.
For more information on Utah Divorce, a free initial consultation is your best next step.
For more information on Utah Divorce, a free initial consultation is your best next step.
Russell B. Weekes has over 18 years experiencing helping individuals, couples, and businesses achieve their legal goals.
491 N Bluff Street
Suite 201
St. George, Utah 84770
P: (801) 228-0251
E: info@weekes-law.com
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(c) Copyright RBW Esquire, LLC. 2021. All Rights Reserved. This website is not intended to be legal advise or create an attorney-client relationship. Information, forms or documents are intended for general information only and may not be regarded as legal advice. Laws change periodically, and the contents of this site is not guaranteed to be up-to-date. It is highly recommended that you seek professional legal advice so you can understand your full rights and obligations under the law.