Hi everyone! My name is Trevor Osborn, I’m a Utah attorney working at Red law, and a question I frequently receive from my clients is: how ischild support calculated? This is a question that comes from both parents because.
The parent that is potentially going to have to pay child support is concerned that if the child support amount is so high they won’t be able to meet their obligations. They may lose their home, they may lose their car, they may fall further into debt. The party that’s potentially going to be receiving child support is concerned that if the child support amount they’re gonna be receiving isn’t.
Enough, they won’t have enough money to meet their obligations. There are a few factors that we consider when calculating child support. Now, the first factor that we consider when we calculate child support is the party’s income. We don’t just consider the income of the party that’s going to be.
Paying child support, but we also consider the income of the party that’s going to be receiving child support. In some cases what happens is one of the parties was employed previously but they’re not now maybe they were laid off, or they were fired, or they voluntarily resigned from their job. What the court can do.
Is take the salary that party was earning previously and impute income. What that means is the court will say, okay six months ago when you were working, you were making $20 per hour working 40 hours per week, so when we calculate child support we’re going to assume that you have the ability to make $20 per hour at 40 hours per week. In some cases the income of one of the party’s fluctuates more.
Than that. maybe they were in a a position where their salary was based on commission, or they were selfemployed. In instances like that, what the court can do is take an average over a period of time. The court may say, you’re making on average $100,000 per year.
So when we calculate child support, we’re going to assume you have the ability to make $100,00 per year, and then the court will use that amount when calculating child support. The court generally will not consider overtime pay or pay coming from other part time jobs.
In the calculation of child support. it can do that in some limited circumstances, but generally the court will not do that. The second factor that we use when we calculate child support is the number of children that the parties have together. Of course, if the parties have one child the child support obligation is going to be a lot.