A couple of months ago, a custodial parent came into my office and said”I cannot afford to take care of my children, because the child support is too low.” The other parent would sometimes send additional money, but this was not consistent enough to care for their needs. They then asked, “What can I do?”

I asked two things:

1. What was the date of the current order and
2. What has changed since your divorce or the last child support order?

I explained to her if we filed a motion to change the order, we needed specific things to be true:

1. The order needed to be three (3) years old,
2. There needed to be more than 10% difference between the support amount as ordered and the support amount as required under the guidelines,
3. The difference could not be temporary; and
4. The proposed child support amount is consistent with the guidelines of the state.

If these four items were not true, we would have to file a petition. This means that:

1. There must be at least a 15% difference between the support amount currently ordered and the proposed support amount required under the guidelines,
2. There must have been a material change in custody, or in the relative wealth or assets of the parties, or of 30% or more in the income of a parent, and
3. The change cannot be temporary.

I let her know there are other situations that may also fit.

In the current case, the client had a full-time job at the time of the divorce (four years before). But as the needs of her kids increased, she had to give up the full-time job and took a part-time job. The client lost benefits and income. On the other hand, the noncustodial parent was working part-time at the time of the divorce. He then was able to progress in his employment, moved to full-time work, and was earning more income.

We looked at the calculator on the Office of Recovery Services (ORS) website and found that there was over 17% difference in the current ordered support and support amount as required by the guidelines. Because the order was over three (3) years old, and it was over 17% and the amount they wanted was consistent with the guidelines, I told the parent we could file a motion to modify child support.

I then asked the client if the parent time schedule had changed. She told me that because the noncustodial parent’s work schedule, the custodial parent received extra weekend nights. Together, we ran the income numbers and reduced the nights of the noncustodial parent the difference was even greater. The child support is based on the income of both parents and the nights that are spent at the parent’s homes. In this case the income was reduced, and the nights were increased. It is important to look not only at the income of each parent but also the nights spent.

We were able to file a motion for a child support modification for this parent. The motion was heard and the court increased the amount of child support the noncustodial parent paid to the custodial parent. After divorce parent’s lives and circumstances change. The Utah Courts have given a mechanism to meet the basic needs of the children in a divorce case.

Child support rules and guidance are given in UC 78B chapter 12 Utah Child Support Act. The act states that, “Every child is presumed to need the support of the child’s mother and father. Every mother and father shall support their children.” The state had set guidance for child support based upon the parent’s income and nights spent with each parent. A child support calculator can be found at https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/actions/Csc0002. The court can order a different amount if one or both of the parties asks for a different amount and shows good reasons for the amount requested. A modification of child support can help the children live a better more comfortable life in difficult situations.