Alimony and Child Support Lawyer in Kaysville and Clearfield
Support questions look different depending on which side you're on. One spouse is asking how they'll pay for two households, while the other is asking how they'll live on one income after years at home. Dustin represents clients on both sides, before the divorce and years after it.
Consultation · Kaysville, Clearfield (by appointment), or virtual · (801) 725-6035
Utah calculates child support with a formula based on both parents’ incomes. Alimony has no formula. A judge weighs a list of factors set by statute, and alimony generally can’t last longer than the marriage did. Utah updated its alimony law in May 2026, so older online advice may be out of date.
Which side of the support question are you on?
If you may have to pay
- Your ability to pay is a factor the court must weigh, so a realistic budget for your own household matters.
- Alimony has an outer limit: generally no longer than the length of the marriage, and temporary alimony paid during the case counts toward it.
- Keep paying under any existing order. A change in your circumstances doesn’t change the order until a court does.
If you may need support
- You can show your needs using the expenses you had during the marriage, not the reduced budget you’ve been living on since separating.
- If you stepped back from work to raise your spouse’s children, the court must consider how that affected your earning capacity.
- In a marriage of 10 years or more where you agreed to cut back on work for the children, the law starts from a presumption of equalizing both households’ standards of living.
Utah’s alimony factors, explained
A judge must consider at least these factors. There’s no fixed weighting, which is why preparation and evidence matter so much.
| Factor | What the court is really asking | What helps |
|---|---|---|
| Standard of living during the marriage | How did this family actually live? | Bank statements, the home’s value, typical spending |
| Recipient’s needs | What does it cost to maintain that life? | An itemized budget based on marital expenses |
| Recipient’s earning capacity | What can the recipient realistically earn now? | Work history, time out of the workforce, job market facts |
| Payor’s ability to pay | What’s left after the payor’s own reasonable needs? | Pay stubs, tax returns, the payor’s actual budget |
| Tax consequences (new in 2026) | What does each side actually keep after taxes? | Input from a tax professional |
| Length of the marriage | How long, and does it cross 10 years? | Wedding date and the timeline |
| Custody of minor children | Is the recipient caring for children who need support? | The parenting plan |
| Work in the payor’s business | Did the recipient help build the payor’s income? | Payroll records, a description of the recipient’s role |
| Paying for the payor’s education | Did the recipient support the payor’s degree or training? | Tuition records, the timeline |
The court may also consider fault, such as an affair or abuse that substantially contributed to the breakup. When fault is raised, the court can close the hearing and seal those records.
Some rules apply only in specific situations:
- Long marriage, cut-back career: the 10-year equalization presumption described above.
- Short marriage, no children: the court may try to return each spouse to their position before the marriage.
- One spouse’s career built by both: the court can adjust alimony and the property division to account for it.
How long alimony lasts, and when it ends
How Utah calculates child support
Child support works differently from alimony. Utah uses the guidelines and a table based on both parents’ combined incomes, the number of children, and how overnights are split, so the result is a calculated number rather than a judge’s call. The main disputes are over the inputs: what counts as income, whether a parent is earning less than they could, and who pays for health insurance and childcare.
Alimony and child support: how they differ
| Alimony | Child support | |
|---|---|---|
| How it’s set | A judge weighs the statutory factors | A formula and table |
| Belongs to | The former spouse | The child |
| How long it lasts | Generally no longer than the marriage | Until the child ages out under Utah law |
| Changing it later | Substantial material change not anticipated at the divorce | 10% difference after 3 years, or 15% plus a material change within 3 years |
| Ends early if | The recipient remarries or cohabits, or either party dies | Custody or circumstances change, and the order is modified |
When support needs to change, or isn’t being paid
Many of our support cases come in after the divorce is final.
Changing child support
If it’s been three years or more since the order, a 10% difference between the current amount and the recalculated amount is enough, as long as the change isn’t temporary. Within three years, you need a 15% difference plus a material change, such as a 30% or greater change in a parent’s income, a custody change, or new medical needs for the child.
Changing alimony
You need a substantial change that the decree didn’t anticipate. Retirement qualifies for decrees entered on or after May 12, 2020, unless the decree says otherwise. A new spouse’s income generally isn’t counted, with limited exceptions.
When payments stop
A court order doesn’t enforce itself. We help clients take enforcement action through the court, and for child support, the state’s Office of Recovery Services can also help collect. The sooner you act, the easier it usually is to collect.
Support mistakes that cost people money
Stopping payments to force a change
Only the court can change an order. Unpaid support becomes a debt you still owe.
Presenting a post-separation budget
If you’re asking for alimony, underestimating your needs lowers the number. The law lets you use marital expenses.
Cutting your income right before a support hearing
Courts can look at what you’re able to earn, not just what you’re earning now.
Missing the cohabitation window
A paying spouse who waits more than a year after learning of cohabitation can lose the right to end alimony on that basis.
Alimony and support questions
Not an official one. Child support uses a formula. Alimony depends on the factors above and a judge’s discretion, so online estimates can be far off.
It can. The court may consider fault, such as an affair or abuse that substantially contributed to the end of the marriage.
Generally, no. The court may consider whether the new spouse shares living expenses, or consider their income if the payor behaved improperly.
No. The existing order stays in place until a court or the state changes it, so start the process quickly.
Yes. Since May 2026, Utah courts must consider the tax consequences of alimony for both parties. We recommend involving a tax professional on larger awards.
What to bring to a support consultation
Helpful Legal Posts
Talk with Dustin about support
Kaysville · Clearfield (by appointment) · Virtual · (801) 725-6035
Fees are discussed at your consultation.