Child Support Calculations in Utah

Utah calculates child support using the Income Shares model under Title 81 Chapter 6 of the Utah Code, ensuring children receive the same proportion of parental income they would have enjoyed had the family remained intact. Whether you're navigating an uncontested or contested divorce, understanding Utah's unique 111-overnight threshold and tiered credit system is essential for accurate support calculations.

The Income Shares Model

Utah's Income Shares model, codified in Utah Code 81-6-301, combines both parents' adjusted gross incomes to determine a base child support obligation. This approach reflects economic research showing that intact families spend a predictable percentage of income on children. The model divides this obligation proportionally based on each parent's share of combined income.

For example, if one parent earns 60% of combined income and the other earns 40%, the higher earner would be responsible for 60% of the base support amount. This proportional approach ensures fairness regardless of which parent has primary custody.

Calculating Adjusted Gross Income

Utah defines gross income broadly to include wages, salaries, commissions, royalties, bonuses, rents, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation, unemployment benefits, and disability benefits. The Office of Recovery Services provides official guidance on income calculation.

Certain deductions reduce gross income to arrive at adjusted gross income:

• Alimony actually paid to a former spouse (from any marriage)
• Child support actually paid for children from other relationships
• Half of self-employment taxes for self-employed parents

Courts may impute income to parents who are voluntarily unemployed or underemployed. If a parent has the ability to earn more but chooses not to, the court calculates support based on potential earning capacity rather than actual income.

Base Child Support Obligation Tables

Utah publishes detailed support tables in Utah Code 81-6-304 that establish the base child support obligation based on combined adjusted gross income and number of children. These tables are presumptive, meaning courts must use them unless deviation is justified.

Key thresholds in the support tables:

• Maximum income cap: $100,000 per month combined adjusted gross income
• Minimum order: $30 per month in sole custody situations
• Low-income threshold: Special provisions protect obligors whose payment would reduce income below self-sufficiency levels

For combined incomes exceeding $100,000 per month, courts have discretion to set support amounts based on the needs of the children and the standard of living they would have enjoyed.

Custody Arrangements and Overnight Credits

Utah uses a tiered overnight credit system that significantly impacts support calculations. The 111-overnight threshold marks the transition between sole custody and joint physical custody calculations.

Sole Physical Custody (0-110 Overnights)

When the noncustodial parent has fewer than 111 overnights annually, the court applies sole custody guidelines. The base child support obligation from the tables applies without overnight adjustments. The noncustodial parent pays their proportional share directly to the custodial parent.

Joint Physical Custody (111+ Overnights)

When the noncustodial parent has 111 or more overnights, Utah applies the joint physical custody formula under Utah Code 81-6-302. This formula provides graduated credits:

• Nights 111-130: Credit of 0.0027 multiplied by the base child support obligation (BCSO) for each night
• Nights 131+: Credit of 0.0084 multiplied by the BCSO for each additional night

For example, a parent with 150 overnights and a $1,200 BCSO would receive: (20 nights × 0.0027 × $1,200) + (20 nights × 0.0084 × $1,200) = $64.80 + $201.60 = $266.40 monthly credit.

Split Custody Arrangements

When each parent has primary custody of at least one child, Utah uses split custody calculations. Each parent's obligation is calculated separately for the children in the other parent's custody, and the difference is paid by the higher obligor.

The 50% Ability-to-Pay Cap

Utah law limits child support obligations to 50% of a parent's adjusted gross income when combined with alimony obligations. This cap protects obligors from orders that would leave insufficient income for basic necessities. Courts apply this limitation automatically when calculating support.

The cap applies regardless of the number of children or the base support obligation from the tables. If the calculated support exceeds 50% of the obligor's income, the court reduces the order to this threshold.

Medical Insurance and Childcare Expenses

Beyond the base child support obligation, Utah requires parents to share additional expenses:

Health Insurance

The Utah Courts require parents to provide health insurance for children when available at reasonable cost through employment. The cost is divided equally (50/50) between both parents, regardless of their income shares. Unreimbursed medical expenses exceeding $250 annually per child are also split 50/50.

Work-Related Childcare

Childcare costs necessary for either parent to work or attend school are divided equally between parents. This includes daycare, after-school programs, and summer care when directly related to employment or education.

Utah Child Support Calculator

Use our calculator to estimate your potential child support obligation. Enter both parents' income information and custody arrangement to see how Utah's guidelines apply to your situation.

For official calculations, use the ORS Child Support Calculator. Our tool provides estimates based on current guidelines.

Modifying Child Support Orders

Utah provides two pathways for modifying child support, depending on when you seek the change and the magnitude of the difference.

Three-Year Motion (10% Threshold)

After three years from the most recent order, either parent may file a motion to modify if recalculation shows at least a 10% difference from the current order. This streamlined process does not require proof of a substantial change in circumstances.

Material Change Petition (15% Threshold)

Before three years, modification requires both a material change in circumstances and at least a 15% difference in the calculated amount. Material changes include job loss, significant income changes, remarriage affecting financial circumstances, or changes in custody arrangements.

Review your Utah divorce timeline to understand when modification opportunities arise.

Enforcement and Arrears

Utah takes child support enforcement seriously, with multiple mechanisms to ensure compliance:

• Income withholding: Automatic wage garnishment through employers
• Tax refund intercept: Federal and state tax refunds applied to arrears
• License suspension: Driver's, professional, and recreational licenses may be suspended
• Passport denial: Federal law prevents passport issuance for arrears exceeding $2,500
• Credit reporting: Delinquencies reported to credit bureaus
• Contempt proceedings: Court-ordered compliance with potential jail time

Interest on Arrears

Utah charges interest on child support arrears at the federal post-judgment rate plus 2%. However, this interest applies only to sum-certain judgments (lump-sum arrears reduced to judgment), not to running arrears that accumulate monthly. The Office of Recovery Services manages enforcement and collections.

Duration of Child Support

Standard Utah child support continues until the child turns 18 years old. However, if the child is still enrolled in high school and living with a parent at age 18, support continues until high school graduation or age 19, whichever occurs first.

Support may terminate earlier if the child:

• Marries
• Joins the military
• Becomes emancipated by court order
• Dies

Unlike some states, Utah does not automatically extend support for college expenses. Parents may agree to educational support in their divorce settlement, but courts cannot order it absent an agreement.

Deviation from Guidelines

Courts may deviate from the presumptive guidelines when strict application would be unjust or inappropriate. Factors justifying deviation include:

• Standard of living and situation of the parties
• Relative wealth or poverty of parents
• Earning capacity of parents
• Need of the obligee parent to maintain employment
• Age of the children
• Special medical, educational, or psychological needs
• Maintenance of the children's current standard of living

Any deviation must be documented in writing with specific findings explaining why the guidelines amount is inappropriate.

Property Division and Support Interplay

Child support calculations in Utah interact with property division decisions. Understanding Utah's marital property division rules helps you see the complete financial picture of divorce.

For example, if one spouse receives the family home in equitable distribution, the mortgage payment may affect that spouse's available income for support purposes. Similarly, division of retirement accounts or business interests can impact long-term financial planning around support obligations.

Getting Started with Your Case

Preparing accurate financial documentation is essential for fair support calculations. Review our Utah divorce filing checklist to ensure you have all necessary documents ready.

Key documents for child support calculations include:

• Three years of tax returns
• Recent pay stubs (typically three months)
• Documentation of other income sources
• Health insurance cost statements
• Childcare expense records
• Proposed parenting time schedule

Frequently Asked Questions

What is the 111-overnight threshold in Utah? When a noncustodial parent has 111 or more overnights annually, Utah switches from sole custody to joint physical custody calculations, which provide graduated credits that reduce the support obligation.

How does Utah calculate overnight credits? For nights 111-130, the credit equals 0.0027 times the base support obligation per night. For nights 131 and above, the credit increases to 0.0084 times the base support obligation per night.

Can child support exceed 50% of my income in Utah? No. Utah caps combined child support and alimony obligations at 50% of the obligor's adjusted gross income to ensure the paying parent retains sufficient income for basic needs.

How long does Utah child support last? Support continues until age 18, or until high school graduation if the child is still enrolled and living with a parent at 18, but not beyond age 19.

Does Utah charge interest on back child support? Yes, but only on arrears reduced to a sum-certain judgment. The rate is the federal post-judgment rate plus 2%. Regular monthly arrears do not automatically accrue interest.

What is the income cap for Utah child support? Utah's support tables apply to combined adjusted gross incomes up to $100,000 per month. For higher incomes, courts have discretion to set appropriate amounts based on children's needs.