Children
Utah Child Support Lawyers for Complex Income
A Utah child support lawyer matters most when income is not a simple paycheck: a business owner, a parent paid in bonuses or stock, or combined income above Utah’s tables. Kili Divorce Law builds the support case on what each parent actually earns.
Child Support in Utah at a Glance
- Support is based on both parents’ gross incomes, applied to Utah’s tables and divided in
proportion to income. - Gross income includes bonuses, commissions, rents, dividends, trust income, and capital gains, among other sources.
- Self-employment income is gross receipts minus necessary business expenses, and can differ from the tax return.
- Above the tables, support is set case by case, never less than the highest table amount, with no maximum.
How Child Support Is Calculated in Utah
Utah’s child support guidelines start with each parent’s gross monthly income. After certain
adjustments, the two incomes are combined and applied to the state’s tables for the number of
children. The table amount is then divided between the parents in proportion to their incomes, and adjusted for the parent-time schedule, health insurance, and child care.
For most families, the calculation is straightforward once income is known. In complex cases,
determining income is the entire dispute.
What Counts as Income for Child Support
Utah defines gross income broadly. It includes salaries, wages, commissions, bonuses, royalties, rents, dividends, interest, trust income, capital gains, pensions, and income from other sources. Earned income is generally counted for one full-time job, though a consistent pattern of overtime before the order may also count.
For executives and professionals, much of the real compensation may sit outside the base salary. We look at bonuses, equity awards, and deferred pay so support reflects the full picture, and make sure the same award is not counted once as property and again as income. See stock options and RSUs.
Child Support for Self-Employed Parents and Business Owners
For a self-employed parent, income is gross receipts minus only the expenses necessary to run the business. The amount used for child support can differ from the income reported for taxes. Personal expenses paid by the business, such as vehicles, travel, or family members on payroll, may be added back.
Business owners can also influence their income through salary decisions and retained earnings. We examine tax returns, general ledgers, and bank records to establish what is actually available. See business valuation.
Child Support When Income Exceeds Utah’s Tables
When parents’ combined income exceeds the range covered by Utah’s child-support tables, determining support may require additional analysis under Utah law. The calculation depends on the applicable rules, the evidence, and the circumstances of the family.
Imputed Income for Underemployed Parents
When a parent is voluntarily unemployed or underemployed, the court can impute income, either by agreement or after a hearing. It considers the parent’s work history, education, qualifications, health, and job opportunities in the community. Imputation generally is not allowed when a parent’s physical or mental limitations, or child care costs that approach potential earnings, make work impractical.
How We Handle Child Support Cases
- Establish each parent’s true income from tax returns, pay records, business books, and account statements.
- Examine income beyond base pay, including bonuses, equity compensation, self-employment income, and business-paid expenses where relevant under the applicable rules.
- Address imputation when a parent is underemployed, or defend against it when it is unjustified.
- Document the children’s needs in above-table cases.
- Coordinate support with custody, alimony, and property, so each piece fits the others.
Is This Your Situation?
- The other parent owns a business or is self-employed.
- Income includes large bonuses, commissions, or stock.
- Your combined income is above the top of Utah’s tables.
- The other parent has reduced their income since the separation.
Schedule a Consultation to Discuss Your Case
Questions About Child Support in Utah
Each parent’s gross monthly income is adjusted, combined, and applied to Utah’s child support tables based on the number of children. The resulting amount is divided between the parents in proportion to their incomes, with adjustments for the parent-time schedule and certain expenses.
When combined income exceeds the highest level in Utah’s tables, the court sets an appropriate amount case by case. It cannot order less than the highest table amount, and Utah law sets no maximum.
The court starts with gross receipts and subtracts only the expenses necessary to run the business. The figure used for child support can differ from the income reported on a tax return, so personal expenses run through the business may be added back.
Yes, after a hearing or by agreement. The court considers work history, education, qualifications, health, and local job availability. Income generally cannot be imputed when a parent’s limitations or child care costs make work impractical.
Utah’s definition of gross income includes bonuses, commissions, dividends, capital gains, and trust income, among other sources. Whether and how a particular equity award counts depends on the facts, and we make sure it is not also counted as divided property.
Yes, when circumstances change significantly, such as a substantial change in income or in the parent-time schedule. See post-decree modification.