Obtaining a child support modification order in the state of Utah can be a complicated process. Following a divorce, a spouse may realize that the original order of support is not nearly enough to meet the basic needs of his or her child’s day-to-day expenses.
If the original child support order was issued over three years prior, it may be modified by filing either a motion or petition, depending on the circumstances. In both cases, there must be a “difference of 10 percent or more between the support amount as ordered and the support amount as required under the guidelines.” In addition, the difference cannot be temporary.
If the suggested child support amount is inconsistent with the current support guidelines, a party should file a petition to modify the original child support order. If the support amount is consistent with the guidelines, a motion to modify the order should be filed.
Child support orders may also be modified, under certain circumstances, if less than three years have passed since the original order was determined. In order for a modification to be made in under three years, though, a “material change” must have occurred. Material changes include a difference in the income of a parent, illnesses or injuries sustained by the child, changes to childcare or health insurance payments or changes to the custody agreement.
A court can also issue a modification of a child support order when the child turns 18 years of age or is emancipated at an earlier age.
The Utah courts provide child support worksheets and guidelines to help determine the exact amount of child support the custodial parent is entitled to receive.
Source: Utah State Courts, “Modifying Child Support.”
Our firm handles cases involving the modification of child support orders. If you would like to learn more about our practice, please visit our Utah Divorce Decree Modification page.
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