Legal Question in Family Law in Utah

I pay support for two children at a full-custody rate. The older child spends less than 110 overnights with me, the youngest is with me well over 111 nights with me (closer to 140). The oldest child graduates this June and support ends for him. Decree specifies I continue to pay support at a sole custody rate for the youngest.

As far as holidays and regular parent-time. Nothing has changed with our parent-plan. I've always had the schedule I have and I've always paid extra. The agreement was extorted out of me during mediation, that is, as a father you have to pay extra to get the mother to agree to joint custody.

Is there anything that can be done, to decrease the amount of support I pay so the amount aligns with the child support calculation? I'd like to be able to help my oldest with tuition rather than pay his mother extra.

Both parents are professionals, working full-time, earning near equal, six figure incomes which have not varied much since the divorce.


Asked on 3/19/14, 2:00 pm

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

You may take the matter before the court again, and seek an adjustment based on the number of overnights and the respective incomes of the parents. Of course there will be an adjustment when the child graduates. This can be recalculated using the published court figures - or if ORS is involved they may do it for you.

You should consider the difference in child support versus the cost to modify.

You are welcome to call for a free consultation. 801.725-0980

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Answered on 3/19/14, 3:53 pm


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