How to Divorce -- Child Support

Child support is always a critical issue.  In Utah, child support is required by law and cannot be waived by the parents.  The policy behind this is that a parent should be financially responsible for their child and that the support is for the child so a parent cannot waive the child support. Child support issues can also affect a custody battle because Utah uses one formula for calculating child support when one party has primary custody and another formula (based on the number of overnights the child spends with each parent) when the parties share joint custody of a child. 

The Utah Courts provide a child support calculator that allows a party to plug in the gross monthly incomes of the parties and the number of children to get an amount for when a party has sole custody. To calculate joint custody, the parties simply add the number of overnights that the child will spend at each parent's residence.The child support worksheet must be filed with the Court.  The calculator can be found at http://www.utcourts.gov/childsupport/calculator.

 

How to Divorce

The first step in determining how to divorce is whether the divorce will be contested or uncontested.  An uncontested divorce is where the parties have agreed upon everything and need the court to enter an order based on the parties' agreement.  In a contested divorce, there is disagreement between the parties and each party should have an attorney to represent them.  In Utah, a divorce starts with the filing of a petition and serving the other party.  Service is generally handled by the constable for a fee ($40-$80).  Once the party is served, they will have 20 days to file an answer and a counter petition for divorce.  The parties are required to exchange financial information in a Financial Declaration and then attend mediation.  If the issues are not resolved in mediation, the parties will proceed to trial.  Depending on the issues involved, this may require depositions, obtaining experts, or a child custody evaluation.  A trial is then held and the judge makes a ruling and entered a decree of divorce.  Each party will have the opportunity to appeal the judge's ruling.