In Utah child support is calculated by a Child Support Table. A lot of attorneys call it a child support calculator. What some divorce lawyers in Utah forget is the child support table has a rebuttable presumption which means you can argue for higher or lesser child support. Child Support is calculated under Utah Code Annotated 78B-12-101 et al.
Under Utah Law income for child support purposes is defined as;
“Income” means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay. “Income” includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policies of any type;
(d) unemployment compensation benefits;
(e) workers’ compensation benefits; and
Utah Code Ann. § 78B-12-102 (West)
Therefore, even if you are on disability benefits it can still be used toward child support calculations. We receive a lot of phone calls to our office asking if a second job can count toward child support. The answer is no. The court will usually only use one full time job. However, this does not mean that if you consistently sell and buy stocks that such income could not be used in child support calculations. But most likely those types of income will be used in calculating such things as alimony. Depending on the income bracket you and your spouse are in when you combine your incomes. It is also important that if one of the spouses does not work that they are imputed for income for child support purposes. If you do not attribute an income then child support may be more if you are only person with income.
At Arnold & Wadsworth we have divorce lawyers that can help you with offices in Salt Lake City and Ogden Utah. Our divorce lawyers in Salt Lake City and Ogden can answer your questions and help make sure you are not taken advantage of. Call today for a free consultation at (801) 475-0123.
Arnold & Wadsworth is a divorce law firm located in Salt Lake City and Ogden Utah.