December 2014 Archives

Changing a Utah custody order

Situations arise and circumstances sometimes change long after a child custody order has been issued by the court as part of a divorce decree. When the situation has changed substantially, it may be necessary for one or both parents affected by a custody order to seek a change.

Determining the best interests of a child in Utah

If a couple has children, any decision that they make needs to take the best interests of that child into consideration. The best interests of the child are met when a decision fosters that child's happiness as well as his or her physical and emotional well-being. Depending on the age of the child, it may be possible for that child to have input in custody and visitation arrangements.

Allowed uses for child support money

Child support guidelines in Utah help a court decide how much one parent should pay, and factors like a child's financial needs and both parents' income also help determine a monthly support amount. Child support payments are intended to help cover expenses for a variety of things related to a child or children. Money received for a child can be used for a child's basic needs like shelter, food and clothing. As such, rent, utility, phone and other costs associated with shelter fall into this category. If the parent paying child support has better health benefits, he or she may be required to provide health insurance for a child. Costs that are not covered by insurance can be paid for with support money.

Child support cases in Utah

Although both parents are responsible for supporting their children, child support is typically paid by a non-custodial parent to a custodial parent after a divorce. The amount of support is based on several factors and can be affected by custody decisions, parenting time, and the gross income of each parent. Whether you expect to owe or receive child support, your income and that of the other parent will be based on all income sources. Wages are the primary source of income for many parents, but unemployment and workers' compensation benefits can be considered. Investment funds and self employment income can also be considered. It may be helpful to have an accurate evaluation of your income in advance so that clear and current information can be presented.

The division of retirement and pension benefits

When a couple is getting a divorce in Utah, the law requires that their marital property be distributed fairly, which is called equitable distribution. Money that the spouses contribute to any type of retirement or pension plan during the marriage is considered marital property and is subject to equitable distribution.

Military members and the divorce process

Military members or their spouses living in Utah may need to understand the additional considerations they have when seeking a divorce. People who are in the military will still go through the same legal procedures as apply to civilians, but there are several factors that should inform how and where they choose to proceed.

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