When Can a Child Support Modification Be Obtained?

Under Utah law, both parents have a legal obligation to support their children — regardless of marital status. Child support is court-ordered payment from the non-custodial parent to the custodial parent to help ensure a child’s basic needs are met. While an appropriate amount is determined by the court, that does not mean that the order issued must be permanent. Utah courts recognize that a child’s needs can change and there are circumstances that may warrant a child support modification.

How to Ask the Court for a Change in Child Support

Neither parent may unilaterally change an enforceable child support order that is in place without obtaining a new order from the court. Specifically, there are two ways a parent can ask a court in Utah for a child support modification — they can make a Motion to Adjust or submit a Petition to Modify to the court. While making a motion is typically easier and faster, it can only be done in limited situations. In most cases, a Petition to Modify will be used to request a change in child support.

Obtaining a Child Support Adjustment by Motion

In order to obtain a change to a child support order by filing a Motion to Adjust, the specific criteria that must be met are as follows:

• It has been three years or more since the last order was entered; and
• There is a difference of 10% or more between the amount ordered and the amount required under the guidelines; and
• The difference in support is not temporary; and
• The proposed child support amount meets the legal guidelines

If any of the above elements cannot be satisfied, a Petition to Modify is the appropriate vehicle to ask the court for a child support modification.

Filing a Petition to Modify

When a Petition to Modify must be used to obtain a child support modification, the requirements to file depend upon whether it has been at least three years since the child support order was entered. If it has been more than three years since the order, there must be a difference of at least 10% between the current support amount and the amount proposed. In these cases, the proposed amount does not have to be consistent with the guidelines to file the petition — and the change cannot be one that is temporary.

In the event it has been less than three years since the last support order was entered, there are different requirements. Specifically, there must be at least a 15% difference between the amount of support currently ordered and the proposed support amount that is required under the guidelines. The petitioning party must also show a material change in circumstances based on one of the following:

• The child custody arrangement
• The relative wealth or assets of the parties
• An increase of 30% or more in the income of a parent
• An increase in a parent’s employment potential or ability to earn
• The medical needs of the child
• A parent’s legal responsibilities to provide support to others
• The cost or availability of healthcare coverage
• Work-related or education-related childcare expenses of either parent have changed

A modification by petition can also be obtained if the child reaches the age of majority or becomes emancipated.

Do Parents Need to Obtain a Child Support Modification in Court?

It isn’t always necessary for parents to go through the court system to obtain a child support modification. Parents may be able to reach an agreement outside of court by using mediation or another form of alternative dispute resolution — this can help parents save time and money that would otherwise be spent on litigation. However, it’s important to understand that even if parents settle on the amount, the agreement must still be in writing and approved by the court to be enforceable.

A parent requesting a child support modification can also go through the administrative process provided by the Office of Recovery Services (ORS). The ORS has the authority to review existing child support orders and adjust them without requiring a court appearance. While requesting a review from ORS can be less costly than litigation, this process is typically used in cases that are straightforward. It may be necessary to go through the court system if there are complex custody arrangements, disputes over the child’s needs, and circumstances that go beyond income changes.

Contact an Experienced Utah Child Support Attorney

Obtaining a child support modification can be complex, and it’s essential to have a knowledgeable family law attorney by your side to guide you through the process. Based in Salt Lake City, BartonWood provides compassionate counsel and diligent representation to clients for a wide variety of divorce and family law issues, including those involving child support. To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.