Child Support: Changing the Amount
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By Greenwood & Black
Published: July 17, 2004 |
Yes, child support obligations can be changed by order of the court in certain cases.
If at least three (3) years has passed since the child support order was entered or last modified, then child support can be modified only if the new child support award under Utah guidelines would be at least 10% higher than the existing award, and the difference is not due to a temporary change in income.
If less than three (3) years have transpired since the child support order was entered or last modified, then child support can be modified only if there has been a material change in the parties' circumstances, and the new child support award under Utah guidelines would be at least 15% higher than the existing award, and the difference is not due to a temporary change in income.
Even if the change in support would be 15%, unless a material change in the parties' circumstances has occurred, no change can be implemented.
Under Utah law a material change in circumstances occurs, for purposes of child support modification, if any of the following are true:
(a) There has been a material change in custody;
(b) There has been a material change in the relative wealth or assets of the parties;
(c) There has been a material change of 30% of more in the income of a parent;
(d) There has been a material change in the ability of a parent to earn;
(e) There has been a material change in the medical needs of the child(ren); or
(f) There has been a material change in the legal responsibilities of either parent for the support of others.
For example, suppose John is under an existing order to pay $200 per month child support to his ex-wife, Jane and more than three (3) years have passed since the establishment of the existing child support order. Further suppose that since the date the existing child support order was entered, John has received a substantial increase in his gross income (greater than 30%) such that the child support which he would pay if the Utah child support guidelines were applied to his case would be $400.00 per month. If Jane or the Office of Recovery Services chooses, she can institute a petition to modify the divorce decree and have the court increase John's child support payments from $200.00 to $400.00 per month because she meets all of the criteria for such increase (i.e., more than three (3) years have passed since the first order was entered, John's income has materially changed, and the child support guidelines call for a change in child support which is more than 15% higher than the original order).
Suppose that Jane takes John back to court and has the child support increased to $400.00. After the court orders the increase, two (2) years pass. John gets another raise such that he would be obligated to pay $420.00 per month child support under Utah child support guidelines. Jane cannot successfully take John back to court and have his child support raised because less than three (3) years have passed and $420.00 is not at least 10% different from $400.00.
A child support order cannot be changed retroactively for a time period prior to the time either parent files and gives notice to the other parent of the pendency of a petition with the court to modify the child support obligation. Utah Code Ann. § 30-3-10.6(2).