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Child support tabs may go up
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Divorced parents would be on the hook for more child support under a Senate-approved revamp of Utah's antiquated child support guidelines.

SB195 would affect mostly divorces occurring after Jan. 1, 2007, though it contains provisions for amending old agreements. Low-income parents and single children families would see the biggest hikes in their monthly payments, up to 25 percent.

Middle-income parents with four or more children would see smaller increases, and in some cases would see a drop in payments.

"We're trying to keep the changes fairly modest and balance the interests of the custodial and noncustodial parents and the child," said sponsoring Sen. Greg Bell, R-Fruit Heights.

He acknowledged "this is a complex area, fraught with controversy. If you know more than four people, you've had some experience with someone being upset about child support and its cousin, visitation. There's no easy answer here."

Still awaiting approval by the House, the legislation would be the first update of Utah's child support guidelines in 12 years. Drafted in 1994, current standards used by courts in setting payments have not kept pace with inflation or new research on what it costs to raise a family.

That's especially true for households with one child, said Bell. "When we adopted the 1994 schedules, we did it for two, three, four, five and six children. But we had no quantitative analysis of what it took to support one child so right now it's artificially low."

Over the years, three separate Child Support Advisory Panels have suggested updating the standards. But divorce is a political minefield where few legislators dare to tread.

West Jordan Rep. Chris Buttars said, "This is one of those bills where 90 percent of us really don't know what's going on. You have to say, 'Who really knows?' You really have to put your faith in these men that's dug the trench."

Enter Bell, an attorney and real-estate developer known for his conservative, but measured approach to legislating family affairs.

Rather than adopt wholesale the advisory panel's recommendations to hike some child payments by as much as 60 percent, Bell capped the increase at 25 percent. The move helped him garner support for the bill, which passed the Senate 26-2.

The measure didn't survive floor debate fully intact, however. Seeking to safeguard courts from a flood of old divorce agreements, Logan Republican Sen. Lyle Hillyard, an attorney, amended the bill so that agreements struck before Jan. 2007 could be adjusted only if both parents' incomes have increased by 10 percent.

Bell resisted the amendment, saying it would run afoul of federal law. The change might also lead the Utah State Bar to yank its support.

Stewart Ralphs, co-chairman of the Child Support Panel, called the amendment "a double-edged sword."

If a single mother's income doesn't change, she couldn't ask a court for more child support no matter how much her ex-husband's salary may have grown, said Ralphs. "But I also read this to prohibit a non-custodial father who lost his job from lowering his child support."

Hillyard added another amendment likely to upset family attorneys. If a custodial parent has "significantly interfered" with a non-custodial parent's relationship with his or her child, a court can order that a portion of the child support be used to repair relations.

kstewart@sltrib.com

Senate approves update of the guidelines
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