It is not unusual for a parent to discover that the estranged father or mother of their children who is paying the child support is now in a better position financially than when the original child support order in their case was entered. In this case, a petition (or in some instances, a motion) to modify child support can be entered. This petition allows you to ask the court to revisit the child support calculations it previously made and modify the amount of support you receive to better reflect the absent parent’s ability to pay.
Requirements for Child Support Modification
Child support modification can be requested by either parent. If it has been three years or more since the child support order was entered and there is a difference of 10 or more percent between the support ordered and support required under the child support guidelines, then the court will review the petition. The difference must not be temporary, and the child support amount proposed must be inconsistent with the guidelines.
An order of child support may be modified via a petition provided that the current order has been in place less than three years if there is a change in:
- Relative assets or wealth of either parent
- Custody
- 30 percent increase or decrease in a parents’ income
- A parent’s ability to earn or employment potential
- Child’s medical needs
- The parent’s legal responsibility to support another child
- Health care coverage availability
- Cost of health care
- Education-related costs for the child or the child support payer
- The child’s emancipation
These changes cannot be temporary by nature. The change must also result in a difference of 15 or more percent in the current support as ordered and the new anticipated support amount.
Regardless of when a support order was issued, it can be modified via petition whenever a child reaches the age of majority (18 years), there is a change in health care availability, coverage, cost or affordability, or if there should be a tax exemption award change.
Modifying Child Support From Other States
If you are seeking to modify a child support order from a state other than Utah, then special circumstances apply. The greatest of these to overcome is whether or not Utah district court has jurisdiction for that state. The original order must also be registered, and it must be confirmed in Utah as a judgment. The court where the original order is entered must also be notified.
Child Support Issues in Utah?
Salt Lake City child support attorney Emy A. Cordano understands how vital child support is for children and their custodial parents. We will help you hold the noncustodial parent responsible for paying his/her share of expenses. If you are having child support issues, give our compassionate team a call at (801) 901-8159 now to discuss your options, and discuss whether or not child support modification is a viable option in your case. Schedule your appointment with our team today.