Child support is a court-ordered payment made by a non-custodial parent to help provide financial support for their child. These payments help cover costs like food, clothing, school, and healthcare expenses. Child support aims to ensure that the basic needs of children are met after their parents separate or divorce.
Child support is important because it helps provide stability and consistency for the child’s everyday life. According to the Sanders Law Office, “This urgency is why the importance of child support payments—or lack thereof—cannot be underestimated.” When both parents contribute, it lessens the financial burden on the custodial parent. Child support helps children maintain their standard of living and prevents them from living in poverty.
Child Support Basics in Utah
In Utah, child support is calculated using the income shares model, which considers the incomes of both parents to determine the amount of child support. The basic calculation takes the combined monthly gross incomes of both parents and applies it to Utah’s child support guidelines table to find the recommended amount of support [1]. This amount is presumed to meet the child’s needs, but can be rebutted by presenting evidence of a need for more or less support.
There are two main types of child support orders in Utah: sole custody and joint custody. In sole custody, one parent has primary physical custody and the noncustodial parent pays child support. The amount paid is based on the sole custody worksheet and guidelines table. In joint physical custody, where the child spends at least 111 nights with each parent, child support is calculated using the joint custody worksheet [2]. This takes into account the percentage of overnights with each parent to determine each parent’s obligation.
Consequences of Falling Behind
There are several consequences for falling behind on child support payments in Utah. The main penalties include:
Late fees and interest charges – According to the Office of Recovery Services (ORS), if you fall 30 days behind on child support, your case is eligible for late fees and interest charges. This can seriously increase the amount owed over time. Late fees equate to 4% per year on the overdue amount (ORS).
Driver’s license suspension – The ORS has authority to suspend licenses for people who are 90 days behind on child support. They will notify you before suspending your license. To get your license reinstated, you must get caught up on child support or arrange a repayment plan (Utah Divorce).
Passport denial – If you owe $2,500 or more in past-due child support, the ORS can request your passport be denied. They will notify you before taking this action. To remove the hold on your passport, you must pay the full amount owed or arrange a satisfactory repayment schedule (Law Offices of David Pedrazas).
Payment Enforcement Methods
The Office of Recovery Services has several tools they can use to enforce child support payments if you fall behind:
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Wage garnishment – ORS can require your employer to withhold a portion of your earnings to pay your child support debt. Up to 50% of your disposable earnings can be taken.
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Tax refund interception – Any tax refund due to you can be intercepted and applied to your overdue support. Joint returns with a spouse may impact the non-owing spouse’s portion of the refund.
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Bank levies – ORS can seize funds from your bank accounts and apply them to your past-due support. There are limits to the amount that can be taken.
ORS will send notice before taking any of these actions. Working with ORS directly to set up a repayment plan may help avoid enforcement actions.
Sources:
https://ors.utah.gov/child-support/collect-child-support/enforcement-tools/
Possible Legal Action
If you are significantly behind on child support payments in Utah, you may face serious legal consequences. The Office of Recovery Services, which handles child support enforcement, has the power to initiate legal action for nonpayment.
One of the most common actions is a contempt of court charge. According to Utah law, Failure to pay court-ordered child support is considered “contempt of court.” If found guilty, the court can order jail time of up to 6 months for the first offense, and up to a year for repeat offenses [1].
In addition to contempt charges, prosecutors may file criminal nonsupport charges for falling substantially behind on payments over an extended period. When charged with criminal nonsupport under Utah law, you could face up to 1 year in jail and up to $2,500 in fines if convicted [2].
Before jail time is considered, however, the court will likely first order wage garnishments, property liens or other methods to obtain owed support. But if you continue to miss payments and a significant debt accrues, jail time of up to one year is possible under Utah law for repeat criminal nonsupport offenses.
Getting Caught Up
If you have fallen behind on child support payments in Utah, there are options to get caught up without facing severe legal consequences. The Utah Office of Recovery Services recommends contacting them to set up a reasonable payment plan if you are struggling to pay (Enforcement Tools – State of Utah Office of Recovery Services). They aim to collect past-due payments while still enabling parents to provide for their families.
By being proactive and showing you are making an effort, you can often avoid punitive measures like wage garnishment or property liens. Payment plans allow you to pay incrementally over time. The payment amount will be based on your specific financial situation and ability to pay. As long as you follow through on the agreed payments, harsh enforcement actions can generally be avoided.
You will also get credit for any partial payments made, even if you’ve fallen behind your plan. The Utah Office of Recovery Services does not treat parents as “deadbeats” if they make some effort to pay. Any amount contributed helps reduce the past-due balance. Being consistent with even small payments shows good faith. Just be sure to communicate any issues so adjustments can be made if needed (Tips if you Owe Child Support in Utah – Law Offices of David Pedrazas).
Seeking a Modification
If your financial circumstances have significantly changed, you may be eligible to apply for a modification to your existing child support order in Utah. There are a couple ways to request a modification:
You can file a Petition to Modify directly with the court. This involves filing paperwork and may require attending a court hearing. The court will review your request and make a formal decision to modify the order or not. You must demonstrate a substantial change in circumstances, such as a job loss, decrease in income, or change in the needs of the children.
You can also request a review through the Office of Recovery Services (ORS). The ORS can conduct a review every 3 years or upon a showing of a substantial change in circumstances. The ORS will determine if a modification is appropriate based on the child support guidelines. If so, they can work with the Attorney General’s office to file a motion to modify the order on your behalf.
When seeking a modification, be prepared to provide documentation such as pay stubs, tax returns, employment status, health care expenses, change in custody, or change in the needs of the child.
Avoiding Future Issues
Communicate regularly with your child support case worker to ensure all the information they have is accurate and up to date. Let them know immediately if your income or employment situation changes so they can reassess and adjust the payment amount if needed 1. You can request an adjustment or modification if your circumstances change substantially, such as reduction in income, disability, or incarceration. Staying in touch with your case worker is key to avoiding future problems with making payments.
It’s also important to understand the guidelines and know your responsibilities when it comes to providing financial support for your child. Make sure you know the payment due dates and amounts, as well as the process for updating your information. Being proactive can help prevent you from unintentionally falling behind.
Financial Assistance Programs
Three main financial assistance programs can provide help for parents struggling to pay child support in Utah: Temporary Assistance for Needy Families (TANF), Medicaid, and the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps.
TANF provides cash assistance for very low-income families with children under 18 years old. To be eligible, families must meet income and asset limits. TANF benefits can help pay for housing, food, transportation, and other basic needs. Parents behind on child support may qualify if they have custody of a child. More information is available at https://jobs.utah.gov/customereducation/services/foodstamps/index.html
Medicaid provides free or low-cost health insurance. Eligibility is based on income, household size, disability status, and other factors. Medicaid coverage may help parents access healthcare services while trying to get caught up on child support. Apply through https://medicaid.utah.gov/
SNAP offers food assistance for qualifying low-income households. Benefits come on an electronic card that can be used to purchase groceries. SNAP could help free up money to put towards child support obligations. More details are available at https://jobs.utah.gov/customereducation/services/foodstamps/index.html
Conclusion
In summary, falling behind on child support payments in Utah can have serious consequences such as wage garnishment, property liens, driver’s license suspension, and even jail time. The Utah Office of Recovery Services has several enforcement methods to collect past-due payments. If you are struggling to make payments, it is important to be proactive by seeking a modification or contacting the Office about possible alternatives. There are some programs that provide financial assistance for qualifying non-custodial parents. The key is communicating with the Office of Recovery Services and the court to avoid further legal action. Their aim is to ensure children receive the financial support they need, not to penalize parents.
For more information on child support in Utah, visit the Utah Office of Recovery Services website or contact an attorney.