Legal Question in Family Law in Utah

Last Years Income A Factor In Child Support

My soon to be ex husband is arguing the amount of child support he should have to pay. He says that my last years income which was $63,000 should be included in the equation of the child support, even though this year I lost my job and currently make $0 (Which has been the case for 6 months). He say's I am capable of making the amount of money I did last year, however, I have been unable to thus far. What factors are equated into the child support calculation - and is he correct? Thank you for your help!


Asked on 11/14/03, 12:42 am

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

Re: Last Years Income A Factor In Child Support

Each party's earning ability should be used to calculated child support, based on past earnings. If it is not feasible for you to earn that income for some verifiable reason, then an adjustment is appropriate. Note the same basic formula is used for alimony, to which the lesser earning income earner may be entitled.

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Answered on 11/14/03, 10:03 am


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