Utah Divorce Laws

Utah Divorce Laws regarding Child Support

The ratio of the adjusted total incomes of the parents decides the child support obligation, except when the low income table is applicable. The Utah child support guidelines are used to determine the base combined child support obligation and the parents are coerced to pay a proportionate share of this obligation. The laws for child support are based on the codes 78-45-7.11, 30-3-5.1 and 30-3-5 of the state.

Utah Divorce Laws regarding Child Custody

The Court initially considers joint custody, but after contemplating over the below mentioned factors may eventually order any form of custody.

  • If the Court considers that the child has enough ability and age to reason and form an intelligent preference, then the preference of the child regarding joint legal and physical custody is taken into account
  • The geographical closeness of the residences of the parents
  • Prior to the divorce, have both the parents taken part in raising the child
  • The capability of each parent to promote and accept a positive relation amongst the other parent and the child inclusive of sharing of contact, affection and love between the other parent and the child
  • Whether the parents are able to prioritize the welfare of the child and develop shared decisions in the best interests of the child
  • Whether joint legal and physical custody will result in a profit of the development, emotional, psychological and physical needs of the child
  • In the past have their been any incidences of kidnapping, spouse abuse or child abuse – is there any potential for these in the future
  • The present and past capacity of the parents to cooperate with each other and develop joint decisions
  • The capacity and readiness of the parents to safeguard the child from conflict that occurs amongst the parents
  • Other issues that the Court finds relevant

Alteration of Name

After divorce, if the wife desires to restore her maiden name, there is no specific provision for this. However, there exists a general provision as per which any person who wishes to alter the name should file a petition in the district court of the county where he lives. Such an individual should furnish the following details

  • The proposed name
  • The reason as to why the name is being altered
  • Proof that this individual was a bona fide resident of the county for 1 year immediately before the petition was filed

Spousal Support

While making a decision regarding spousal support, the Court speculates the following issues –

  • The duration of married life
  • The capacity of the spouse from whom alimony is expected to offer support
  • The capacity of the spouse requesting alimony to produce income
  • The economical condition and requirements of the recipient partner
  • If the recipient partner has a direct input to any raise in the skill of the payor partner in form of payment for education received by this payor or permitting the payor to be present in school in marital life

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