Legal Question in Family Law in Utah

Child support changes

With the graduation and 18th birthday of one of my children, the child support payment needs to be refigured. During the divorce process, it was agreed that my 2nd job's income would not be used due to the questionable viability of the business and my irregular and inconsistent schedule. In filling out the worksheet for the new child support, the ex is insisting that the 2nd job income be included. The conditions that existed previously still exist--the company is still on shaky ground and my schedule is as varied as it has ever been. Does my ex need to have have the facts and findings that led to the final decree adjusted to reflect her desired change or am I on solid legal ground in my belief that the 2nd income should not be a factor.


Asked on 4/18/06, 3:10 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Child support changes

Generally all forms of income are considered, except for temporary income. If you have had the side job for several years, there should be enough history to get an average income, and it should be used with your regular income. Be sure to deduct the costs of operation of the business, gross income is not used, only the net income after expenses, but before taxes.

Your other choice is to take the issue before a mediator or judge.

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Answered on 4/19/06, 10:37 am


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