Legal Question in Family Law in Utah
Reducing Child Support
My husband and I now have custody of his oldest son. It was done over a mutual understanding, no courts were involved. We have been trying to make a ''deal'' on how much the child support should change. We decided to try out an online form that includes my income and her husbands income. She claims to only make $700/month teaching out of her home. She is capable of much more than that. Our attorney says that the courts can base it off of what she could possibly make if she worked outside of her home or by what she is capable of making with her current business. We thought it would just be easier if we went with what she could possibly earn working outside of her home. She didn't like that idea and has talked to her attorney but hasn't gotten back to us on it. Having to pay full child support while now having the oldest living with us has really made things a little more difficult financially. Our attorney suggested lowering the child support to what her income could possibly be and letting her know in advanced of the changes. My husband is very hesitant in doing this and we are wondering if it is done often or if it is illegal and if it will cause problems for my husband legally.
2 Answers from Attorneys
Re: Reducing Child Support
A parent is presumed to make at least minimum wage in calculating child support. However, nothing to which you agree is valid without a formal order from the court. You must file a petition to amend the divorce decree and get the new language approved by a judge. You may call for a free consultation.
Re: Reducing Child Support
I wouldn't recommend that you enter into any informal "deals" to address this issue. If they are indeed going to agree to a change in custody, it needs to be done through the courts along with a corresponding child support order. This is critical in order to protect your husband from any claims of unpaid child support and from any action on the part of his ex-wife to suddently demand custody of the child. This can be accomplished by the parties entering into a formal written agreement followed by an Order Modifying the Decree of Divorce which is signed by the judge. If the parties are not in agreement, then your husband may have to file a Petition to Modify the Decree. Either way, you definitely need to get an order from the court formally awarding custody of the child to your husband. The child support is based on the parties' actual gross monthly incomes. The court will, at a minimum, attribute minimum wage to his ex-wife for the purposes of calculating child support.
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