Child Support
Utah law is specific about when a person can modify their child support order. The specific law regarding child support in Utah is: Utah Code 78B-12-210(8)(9). There are two conditions within the rule for the Court to modify a child support order.
The first condition is found in Utah Code, Section 210(8). This section of the law states, if a child support order has not been issued or modified within the previous three (3) years, a parent may file a motion to the court to adjust the amount of a child support order. When making such decisions, the court will always think about the best interests of the child. Furthermore, the Court will determine whether there is a difference between the ordered child support amount, and what the guidelines state should be ordered. If there is larger than a 10% difference between the two amounts, the Court will adjust the child support amount to reflect that in the guidelines. The Court should award new child support amounts only when child support is permanent, and when the new amount complies with the guidelines.
The Second condition is to petition the court to modify the child support. For this to occur, there must be a substantial change in circumstances by the parties, which may include changes in/of:
1. Custody;
2. The relative wealth or assets of the parties;
3. 30% or more in the income of a parent;
4. The employment potential and ability of a parent to earn;
5. The medical needs of the child; or
6. Material changes in the legal responsibilities of either parent for the support of others.
The court will then:
1. Consider the best interest of the child;
2. Determine if there has been a substantial change and if the change would result in a difference of 15% or more/less with the change and the current child support; and
3. Determine if the difference is not temporary in nature.
If all of these condition are met, the Court will adjust the child support according to the state’s guidelines.