81-6-212. Modification of child support order -- Adjustment of child support.

582 words·~3 min read·/ut/title-81/chapter-6/81-6-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2024

(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.

(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.

(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).

Enacted by Chapter 366 , 2024 General Session