Reform Utah Law: Fair Deductions in Child Support Recognizing Additional Children

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The Issue

I am a mother in Utah, struggling to understand why my children and their financial well-being are being consistently overlooked by the State of Utah simply because I am still married to their father, who pays child support to someone else. My husband works tirelessly to provide for our family, and his support obligations, yet his efforts seem to be in vain as the State continues to refuse present family credit. The State of Utah and it’s representatives seems determined not to acknowledge the existence of my children and their dependence on my husband’s finances as much as, if not, more than his previous children.

So, I am writing this petition on behalf of my husband, a loving father who currently pays child support for three children and has three additional dependents as well; he is one of many men in Utah who are burdened with child support payments that do not take into account current family circumstances. Despite our pleas, the Utah courts, the Office of the Attorney General and ORS have consistently refused to consider our family's changing circumstances when calculating his child support obligations as they only consider additional children to mitigate an increase in support but do not adjust the actual amount. 

(S.B. 242, 78B-12-210 (7) In a proceeding to adjust or modify an existing award, consideration of natural or adoptive children born after entry of the order and who are not in common to both parties may be applied to mitigate an increase in the award but MAY NOT be applied: for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent order.) 

Our family has grown since the original child support order was placed; we now have three additional dependents to care for. However, under current state laws, these new dependents are not recognized in terms of reducing my husband's child support payments - unless to mitigate increases. This oversight can lead to undue financial hardship for those trying to provide for their new dependents while still fulfilling their obligations towards their previous children. As we have experienced; this immense financial strain on our family has caused us to struggle to provide for all of our children and places unfair burden on other families like ours who are trying to meet financial responsibilities while also providing for new dependents. Current amendments blatantly disregard the economic realities faced by families that grow after a divorce or separation has occurred by not allowing reductions regardless of previous support amounts.

Why is the State so opposed to adjusting child support obligations to account for additional dependents and taking into account their financial well-being as well?

And this is not an isolated issue. Many noncustodial parents struggle financially due to inflexible child support laws that don't consider changes in income or additional dependents (U.S Census Bureau).

  • According to data from the U.S Census Bureau, there are approximately 189,000 custodial parents in Utah who receive some form of child support (source: U.S Census Bureau). However, there is no clear data on how many of these parents have had additional children since their original child support orders were put into place. This lack of information highlights a significant gap in our understanding and underscores the need for reform.
  • According to data from the U.S Census Bureau (2019), approximately 50% of non-custodial parents have multiple families or households.
  • A study published in the Journal of Marriage and Family (2018) found that parents who have additional children outside their previous relationships face increased financial strain due to child support obligations.
  • The National Conference of State Legislatures (NCSL) acknowledges the need for child support guidelines that consider the financial responsibilities towards all dependents.

We believe that it is time for a reform in Utah’s child support laws that allows for reductions based on current family circumstances and additional dependents. This would provide a fairer system that reflects each parent's ability to contribute financially while ensuring all children involved receive adequate care.

We urge you to join us in calling upon our state legislators and judicial authorities to reconsider how they calculate child support payments and make necessary adjustments based on today’s realities. These revisions should allow reductions to account for any additional dependents a parent may have after a child support order is issued. 


Please sign this petition if you believe in justice for all families navigating through these complex situations and if you believe that every parent deserves fair treatment under the law. 

Thank you for supporting countless fathers like my husband who strive every day to fulfill their responsibilities as providers for multiple families without compromising anyone's wellbeing. Let's help them by advocating for fairer, more flexible laws that reflect real-life situations.

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C. O.Petition StarterPassionate about finding a solution to family court injustices.

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