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Except as noted below, criminal nonsupport is a class A misdemeanor in Utah. The maximum penalty for a class A misdemeanor conviction is a $2,500.00 fine (pursuant to U.C.A. 76-3-301(1)(c)), or jail time not to exceed 364 days (pursuant to U.C.A. 76-3-204(1)), or both.
Additionally, the court can consider the children's desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor. The judge does not give either parent a preference due to the parent's gender.
Can Parents Agree to No Child Support? No, in Utah, child support cannot be waived. It is not an option that the parents can simply accept or decline. Every divorce and legal separation case involving minor children in the state must ultimately include an order for child support.
The payer needs to have a Utah family law attorney file The Affidavit for Termination of Child Support with the appropriate court. There are only a few reasons why child support can be stopped. Valid reasons include the adult paying the support payments is also willing to relinquish their parental rights.
Our business clients often ask if all contracts under Utah law have to be in writing. From a legal perspective, a contract is made when one party makes a valid offer and another party accepts that offer, and that can often be done verbally.
(1) There is no maximum limit on the base child support award that may be ordered using the base combined child support obligation table, using the low income table, or awarding medical expenses except under Subsection (2).
In Utah, the child support is used to cater for the living expenses of the child. Some of the basic items covered by in the child support cover include necessities such as food, shelter, medical expenses, health insurance, and clothing.
Termination of parental rights means you no longer have a legal obligation to support your child financially or otherwise. So, if your rights are terminated, you do not have to pay child support.