As a Utah family law attorney at Ellsworth Law Firm, I often assist parents navigating the complexities of child support. Whether you’re seeking an adjustment to a current order or simply exploring your options, understanding the legal framework is essential. This post breaks down Utah’s statute on modifying child support orders, focusing on adjustments made when no prior changes to the child support order have occurred in the last three years.
When Can Child Support Be Modified?
Under Utah law, specifically Utah Code § 81-6-212(5), parents, legal guardians, or the Utah Office of Recovery Services can request an adjustment to a child support order if it has not been issued or modified in the previous three years. This provision offers an opportunity to ensure the ordered support aligns with the Utah Child Support Guidelines without proving a substantial change in circumstances.
Key Requirements for Modification
Once a motion to adjust child support is filed, the court evaluates the following:
- Comparison of Ordered vs. Guideline Support Amounts
The court examines whether there is a discrepancy between the current support amount and what the guidelines would require. - Adjustment Criteria
If the difference meets the following criteria, the court will adjust the support amount:- 10% or Greater Difference: The variation must be at least 10%.
- Not Temporary: The difference cannot result from temporary circumstances, such as a short-term job change.
- Compliance with Guidelines: The new order must adhere to the child support guidelines.
- Best Interests of the Child
As with all family law matters, the court’s priority is the well-being of the child. Adjustments are made with their best interests in mind.
Why No Substantial Change in Circumstances Is Required
Unlike other modifications to child support, an adjustment under this statute does not require a “substantial change in circumstances.” This distinction simplifies the process and allows parents to request a review based solely on the passage of time and adherence to the guidelines.
How Ellsworth Law Firm Can Help
Navigating child support adjustments can be overwhelming, but you don’t have to do it alone. At Ellsworth Law Firm, we provide personalized guidance to help you understand your rights and responsibilities. Whether you’re filing a motion or responding to one, our experienced Utah family law attorney is here to advocate for your family’s best interests.
Take Action Today
If you believe your child support order needs to be adjusted, don’t wait. Contact Ellsworth Law Firm to schedule a free initial consultation. Let us help you ensure your child support arrangement reflects your current circumstances and the needs of your child.
