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Utah Code Title 81. Utah Domestic Relations Code § 81-6-212. Modification of child support order--Adjustment of child support

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The amount of prospective child support is equal to the amount granted by a prior child support order unless:

(a) there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or

(b) an adjustment is made as described in this section or Section 81-6-213.

(2) If the prior child support order contains a stipulated provision for the automatic adjustment for prospective child support, the prospective child support is the amount as stated in the order, without a showing of a substantial change of circumstances, if the stipulated provision:

(a) is clear and unambiguous;

(b) is self-executing;

(c) provides for child support that equals or exceeds the base child support award required by the child support guidelines; and

(d) does not allow a decrease in child support as a result of the obligor's voluntary reduction of income.

(3)(a) A parent, legal guardian, or the office may, at any time, petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances.

(b) A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a).

(c) For purposes of this Subsection (3)(a), 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.

(4) Upon receiving a petition under Subsection (3)(a), the court shall, taking into account the best interests of the child:

(a) determine whether a substantial change has occurred;

(b) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and

(c) adjust the obligor's ordered support amount to that which is provided for in the child support guidelines if:

(i) there is a difference of 15% or more; and

(ii) the difference is not of a temporary nature.

(5)(a) If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may move the court to adjust the amount of a child support order.

(b) Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child:

(i) determine whether there is a difference between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and

(ii) if there is a difference as described in Subsection (5)(b)(i), adjust the obligor's ordered support amount to the obligor's support amount provided in the child support guidelines if:

(A) the difference is 10% or more;

(B) the difference is not of a temporary nature; and

(C) the order adjusting the obligor's ordered support amount does not deviate from the child support guidelines.

(c) A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).

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Cite this article: FindLaw.com - Utah Code Title 81. Utah Domestic Relations Code § 81-6-212. Modification of child support order--Adjustment of child support - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-81-utah-domestic-relations-code/ut-code-sect-81-6-212/

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