Addressing Child Support Adjustments in Utah When One Parent Becomes Unemployed

Adjusting Child Support After Becoming Unemployed

When one parent loses a job, the financial burden of paying court-ordered child support becomes more challenging. What happens when your financial circumstances change due to losing your job? In Utah, you must pursue a legal modification to child support payments through the court.

RCG Law Group helps parents navigate life transitions with compassion and clarity. Losing a job will not automatically eliminate child support obligations, but Utah law allows for modifications when a parent experiences a significant change in financial circumstances. Understanding your rights is essential to protecting your financial health and your child’s well-being.

Child Support in Utah: Modifications

When parents separate or divorce, ensuring children have financial support from both parents is a critical issue that must be resolved. Child support payments are determined under the Utah Child Support Guidelines and are designed to create fair and consistent financial contributions from both parents.

How Is Child Support Calculated?

The Utah Child Support Guidelines include a formula the courts use to determine which parent pays child support and how much. The determination is based on the following:

• Both parents’ gross incomes – This includes wages, salaries, bonuses, and other sources of income.
• The number of children involved – More children generally result in a higher support obligation.
• The custody arrangement – Whether one parent has primary or shares joint custody affects the amount of support owed.
• Health insurance and medical costs – Parents must share the costs of health insurance and uninsured medical expenses for their children.
• Childcare expenses – If a parent must pay for daycare or other necessary childcare, those costs can be factored into child support calculations.

Why Is Child Support Important?

Child support is not just a legal obligation—it ensures that children have access to the necessities they need to thrive, including:

• A stable home environment
• Food, clothing, and daily essentials
• Educational expenses
• Medical care and health insurance

Can Child Support Arrangements Be Modified in Utah?

Utah law allows for modifications to child support if a parent experiences a significant change in income, job loss, or changes in child custody. If you need to modify the amount you pay in child support, the court will review the details of your case to determine if the adjustment is warranted. Child support issues tend to be stressful and emotional, especially when finances are tight or when your work circumstances change unexpectedly. Our experienced Utah family law attorneys can guide you in this critical matter.

Modifying Child Support Payments: The Process

Child support payments will not automatically adjust when you lose employment, and you must act quickly if this is your situation. A South Jordan family law attorney can help you make the next legal moves rapidly and with certainty. Until the court approves a child support modification, you are responsible for making payments in full. An experienced family lawyer can assist you to do the following:

• Gather Evidence of Your Job Loss and Financial Hardship. You will need to prove that your situation has changed significantly. The evidence supporting your request for modification can include:
  • Termination letters or layoff notices
  • Proof of unemployment benefits (or proof that you are not receiving them)
  • Bank statements and other financial records showing your current income and expenses
• File a Motion with the Court. To formally request a modification, you or your attorney must file a motion to the court that issued the original child support order. This document outlines why you are requesting a change and provides supporting evidence.
• Attend a Court Hearing. The court may schedule a hearing to review your case. A judge will determine whether your change in circumstances is substantial enough to reduce your child support payments.
• Follow Temporary Payment Guidelines. While waiting for your modification request to be approved, continue making child support payments. Failing to adhere to the court-ordered support payments can lead to penalties, including wage garnishment or suspension of your driver’s license.
• Work with an Experienced Utah Family Law Attorney – Modifying child support can take some time, and any errors can lead to delays or denials. At RCG Law Group, we help parents prepare effective modification requests with the evidence the court requires and stand up for you to advocate for a fair outcome.

Temporary Modifications and Permanent Adjustments

When one parent becomes unemployed, the court may decide on a temporary reduction in child support until the parent finds new employment. A permanent adjustment may be made if the unemployment lasts longer, or the parent’s income remains consistently low.

The Role of Unemployment Benefits

If the unemployed parent receives unemployment benefits, these benefits are considered income. In Utah, unemployment benefits are treated similarly to other sources of income when calculating child support obligations.

What to Do If Child Support Payments Aren’t Being Met

When your child’s other parent becomes unemployed and fails to pay court-ordered support payments, you may need to initiate enforcement actions to force the parent to pay off the support payment in arrears.

Steps to Take When Child Support Isn’t Being Paid

If possible, speak with the other parent so you understand their situation. Some parents may be willing to accept partial payments or agree to an informal repayment plan—but without court approval for a modification, you are at risk. Legal action can be taken when the other parent is unwilling or unable to cooperate; a family law attorney from RCG Law can help. Here are the steps you and your attorney will take to move forward on a legal enforcement avenue.

• Keep Records of Missed Payments. Document every missed payment and any communication with the other parent regarding child support. This includes:
  • Bank statements showing no deposits
  • Text messages or emails where they acknowledge they have not paid
  • Records of any partial payments made
• File an Enforcement Action with the Court. If the other parent has stopped paying the required child support, RCG Law Group can help you file a motion for enforcement. This requests that the court take legal action to force compliance.
• Request Wage Garnishment or Income Withholding. If the other parent receives unemployment benefits or finds a new job, wage garnishment can be ordered. This means child support is automatically deducted from their paycheck.
• Seek Additional Enforcement Methods. If the parent refuses to pay, the Utah Office of Recovery Services (ORS) has powerful enforcement tools, including:
  • Intercepting tax refunds
  • Suspending their driver’s license
  • Revoking professional licenses
  • Seizing bank accounts
  • Holding them in contempt of court, which could lead to fines or even jail time
• Consider a Contempt of Court Action. If the other parent willfully refuses to pay, your lawyer can file a motion for them to be held in contempt of court despite having the means to do so. This could result in additional penalties, including potential jail time.

Why Work with an Experienced Family Law Attorney in Utah?

At RCG Law Group, our compassionate child support attorneys can guide you through the legal process of ensuring child support is fair and paid on time as ordered. If you face a change in circumstances that may affect your child support or payment obligations, it is vital to have the support of an attorney to manage the process. Reach out to our team at RCG Law Group today.

Our experienced family law attorneys will work with you to understand your situation and pursue a solution that best serves the needs of your children and family. Contact us today at 385-503-3663 for a free consultation and take the first step toward securing a brighter, more stable future.