In Utah, people get paid in all sorts of interesting ways.
Sometimes they get money. Sometimes they get benefits. Sometimes they get stuff.
And sometimes they get paid mileage reimbursement.
Mileage is designed to reimburse for the wear and tear on your car.
That’s not how people use it, though.
They never set aside that money to buy a new car or for repairs.
Instead, they put it in their bank account with the rest of their pay check and use it as income.
Mileage and Utah divorce
When you get paid mileage and you get divorced in Utah, do you count it as income when figuring out child support and alimony?
There’s a 2006 Utah Court of Appeals case that says mileage can be included as income when calculating child support and alimony.
Because of this case, our experience has been that Utah commissioners and judges consider mileage to be income, and then calculate child support and alimony accordingly.
There may be one way of getting around this: show that you set aside all of your mileage reimbursement in a separate account to be used for the purchase of a car or for the repair of the car you own now.
I have to tell you that despite what I just said, in all my time as a divorce attorney, having helped thousands of people, no one has actually set aside their mileage.
So, for all intents and purposes, mileage will be considered income when calculating alimony and child support.
Call Brown Law
If you find yourself facing a Utah divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.
Get A Legal Consultation With An Experienced Utah Attorney
While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.
The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.