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Utah Child Support Modification

Utah Child Support Modification

Attorney Ryan Gregerson wanted to provide child support modification information to help our clients better understand the legal process for modifying child support obligations in Utah.  For more information, feel free to call Ryan at (801) 948-0655:

Once a party has received a child support order from the court, the order may be modified if certain conditions are met. Generally, a party must file a Petition to Modify with the court and request the change.  A party may request a change in child support once three years have passed since the entry of the order taking into consideration the following:

(i) determine whether there is a difference between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and
(ii) if there is a difference as described in Subsection (8)(b)(i), adjust the payor’s ordered support amount to the payor’s support amount provided in the guidelines if:
(A) the difference is 10% or more;
(B) the difference is not of a temporary nature; and
(C) the order adjusting the payor’s ordered support amount does not deviate from the guidelines.

Utah Code Ann. § 78B-12-210 (8)(b).

When a party requests a modification under (8)(b), a showing of a substantial change in circumstances is not necessary.

A party may request a change in child support within the first 3 years after entry of the order if there has been a substantial change in circumstances. A substantial change in circumstances may include:

(i) material changes in custody;
(ii) material changes in the relative wealth or assets of the parties;
(iii) material changes of 30% or more in the income of a parent;
(iv) material changes in the employment potential and ability of a parent to earn;
(v) material changes in the medical needs of the child; or
(vi) material changes in the legal responsibilities of either parent for the support of others.

Utah Code Ann. § 78B-12-210 (9)(b).

Once a party petitions the court to modify an order entered in the last 3 years, the court must:

taking into account the best interests of the child:
(i) determine whether a substantial change has occurred;
(ii) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and
(iii) adjust the payor’s ordered support amount to that which is provided for in the guidelines if:
(A) there is a difference of 15% or more; and
(B) the difference is not of a temporary nature.

Utah Code Ann. § 78B-12-210 (9)(c).

If a party meets the limited conditions described in Utah Code Ann § 78B-12-210 (8)(b), then that party may have to option to file a motion to modify child support instead of a petition to modify child support.

See our articles, Salt Lake City Divorce Attorney Explains the Utah Divorce Process and Utah Child Support Lawyer Shares Six Ways to Collect Child Support.

Call a Utah Child Support Modification Attorney

For more information, contact the Utah child support modification attorney Ryan Gregerson at (801) 948-0655.  He offers free initial consultations and would be happy to answer any additional questions you may have.  Ryan Gregerson is a Utah Family Lawyer and an effective Utah Divorce Lawyer at the law firm of Pearson, Butler & Carson, PLLC.

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