Legal Question in Family Law in Utah

Re: child support

There are definitions regarding child support. The money paid in child support generally goes to the primary caretaker, and is to be used to supplement the income for that caretaker. The money is to assist with general living expenses. The recipient does not need to provide evidence that the money was spent specifically on the child(ren) because it is considered supplemental income. If the caretaker is not properly caring for the children's needs, the other party can return to court and seek a custody change. It would also be very burdensome on parents to prove where every penny of child support was paid, and even more burdensome on the courts to sort out disagreements from disgruntled payors. Your ex can spend the money as part of her general income. At the same time, she has the burden of paying a little extra for utilities, food, clothes, transportation, rent, etc, all of which some of your child support helps offset.

NOTE: The court will not require you to pay more than what is in the divorce decree or child support order. However, you are also responsible for your child, and the child support award is the minimum you should pay. It is good parenting to assist with your child in every reasonable way.

Re: child support

Actually, there are definitions of what child support is as contained in the Utah Code. Generally, it is money paid by the parents for the support and maintenance of their children. Normally, the parent who is awarded the primary physical custody of the child receives child support payments from the non-custodial parent for that parent's share of the combined child support obligation the two parents are required to contribute toward the care and maintenance of their child. Normally, the recipient of the child support does not need to give an accouting of how the monies are used. It is presumed that, as the primary physical custodian, that parent is utilizing the funds for the benefits of the child including providing housing, clothing, food, etc. for the child. However, if the custodial parent is squandering the monies to the detriment of the child, the non-custodial parent may petition the court to have the custodial parent account for the monies being received. This is found in Utah Code Annotated, Section 78B-12-218. This process is rarely used and only in extreme circumstances. If the child is being neglected, it would be incumbent upon the non-custodial parent to, instead, seek a change in custody. In your case, if you have joint physical custody, there is a child support obligation to calculate the child support amount based upon the number of overnights you have the child each year. However, if you have been awarded this form of custody, your court order should already have that figured; so I'm unclear as to why you are asking about this now.