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Fill and Sign the Split Custody Form

Fill and Sign the Split Custody Form

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IN THE _____________________________ DISTRICT COURT ________________________________ COUNTY, STATE OF UTAH _____________________________________ vs. __________________________________________________ The Combined Child Support Obligation Table used for calculation is: ( ) 78B-12-301(1) and 78B-12-302(1) ( ) 78B-12-301(2) and 78B-12-302(2) CHILD SUPPORT OBLIGATION WORKSHEET (SPLIT CUSTODY) Civil No. ______________________ MOTHER FATHER COMBINED 1. Enter the # of natural and adopted children of this mother and father for whom support is to be awarded. 2. Divide the number of children with each parent by the combined number of children listed in Line 1. % % 3a. Enter the father's and mother's gross monthly income. Refer to Instructions for definition of income. $ $ 3b. Enter previously ordered alimony that is actually paid. (Do not enter alimony ordered for this case.) _ _ 3c. Enter previously ordered child suppor t. (Do not enter obligations ordered for the children in Line 1.) _ _ 3d. OPTIONAL: Enter the amount from Li ne 12 of the Children in Present Home Worksheet for either parent. _ _ 4. Subtract Lines 3b, 3c, and 3d from 3a. This is the Adjusted Gross Income for child support purposes. $ $ $ 5. Take the COMBINED figure in Line 4 and the number of children in Line 1 to the Support Table. Find the Base Combined Support Obligation. Enter it here. $ 6. Divide each parent's adjusted monthly gr oss in Line 4 by the COMBINED adjusted monthly gross in Line 4. % % 7. Multiply Line 5 by Line 6 for each pa rent to obtain each parent's share of the Base Support Obligation. $ $ 8. Multiply the mother's Line 7 by the fa ther's Line 2. This is the mother's obligation to the father. $ 9. Multiply the father's Line 7 by the mo ther's Line 2. This is the father's obligation to the mother. $ 10. BASE CHILD SUPPORT AWARD: Subtract the lesser amount (OBLIGEE'S) from the greater amount (OBLIGOR'S) of Lines 8 and 9. This is the amount the OBLIGOR pays to the obligee all 12 months of the year . $ 11. Which parent is the obligor? ( ) Mother ( ) Father 12. Is the support award the same as the guideline amount in Line 10? ( ) Yes ( ) No If NO, enter the amount ordere d: $__________________ , and answer number 13. 13. What were the reasons stated by the court for the deviation? ( ) property settlement ( ) excessive debts of the marriage ( ) absence of need of the custodial parent ( ) other: _______________________________________________________________________________ Attorney Bar No. _______________ 6/09 INSTRUCTIONS FOR THE SPLIT CUSTODY WORKSHEET Line 1. Enter the number of natural and adopted children of the mo ther and father for support is to be determined. Do not include any children of either parent by another partner this line. If a child for whom support is to be determined is an unemancipated min or who does not live with his parents, use the total number of children, including the unemancipated minor, by that set of parents for Line 1. Line 2. Complete the computation as directed. Line 3a. Enter the mother's and father's gross monthly income. U.C.A. 78B-12-203(1) states: “As used in the guidelines, ‘gross income’ includes prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment compensati on, income replacement disability insurance benefits, and payments from ‘nonmeans-tested’ government programs.” U.C.A. 78B-12-203(2) states: “Income from earned income sources is limited to the equivalent of one full-time 40-hour job.” Refer to U.C.A. 78B-12 -203 for additional information about determining gross income. All income must be verified. Verification includes: year to date pay stubs, employer statements or records, the last year's tax return and documentation of non-earned income appropriate to the source. Line 3b. Enter the amount of alimony either parent is court ordered to pay and actually pays to another parent [U.C.A. 78B-12-2 04(1)]. Do not include alimony payments for this case. Alimony payments must be verified. Cancelled checks or a statement from the recipie nt of the alimony may be accepted as verification. Line 3c. Enter the amount of support either parent is court or dered to pay for children by another partner [U.C.A. 78B-12-204(1 )]. Previously ordered support may include specifi cally ordered payments toward a child's medical expenses, child care, or child su pport [U.C.A. 78B-12-102(7)]. A copy of the order is required for verification. Line 3d. U.C.A. 78B-12-210(6) and (7) state: “(6) (a) Natural or adoptive children of either parent who live in the home of that parent and are not children in common to both parties may at the option of either party be taken into account under the guidelines in setting or modifying a child support award, as provi ded in Subsection (7). Credit may not be given if: (i) by giving credit to the obli gor, children for whom a prior support order exis ts would have their child support reduced; or (ii) by giving credit to the obligee for a present family, the obligation of the obligor would increase. (b) Additional worksheets shall be prepared that compute the obligations of the respective parents for the additional children. The obligati ons shall then be subtracted from the appropriate parent's income before determining the award in the instant case. “(7) In a proceeding to adjust or modify an existing aw ard, 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: (a) for the benefit of the obligee if the credit w ould increase the support obligation of the ob ligor from the most recent order; or (b) for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent order.” Use the WORKSHEET TO DETERMINE FA THER'S OBLIGATION TO CHILDREN IN HIS PRESENT HOME and/or the WORKSHEET TO DETERMINE MOTHER'S OBLI GATION TO CHILDREN IN HER PRESENT HOME to compute the obligations of the respective parents for the additional children. Line 4. Complete the calculation as directed. Line 5. The amount on the "Combined Child Support Obligation Tabl e" shows the amount BOTH parents combined should contribute for the support of their children. Line 6. Calculate each parent's share of the amount in Line 5 as a percentage figure. Line 7. Calculate each parent's share of the amount in Line 5 as a dollar amount. Line 8. Complete the calculation as directed. Th is is the mother's obligation to the father. Line 9. Complete the calculation as directed. Th is is the father's obligation to the mother. Line 10. The Base Child Support Award is the am ount the obligor pays to the obligee. See the Insurance Premium and Child Care Adjustment Worksheet to determine how insurance premiums and child care expenses may change the amount the obligor pays to the obligee. Line 11. Designate which parent must pay support. Line 12. Complete Line 12 to indicate if the amount or dered deviates from the guideline amount in Line 10. Line 13. Complete Line 13 if the obligor will not be ordere d to pay the guideline amount from either the "Combined Child Suppo rt Obligation Table” or the "Low Income Table."

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