Utah Code 81-6-212. Modification of child support order — Adjustment of child support
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(1) The amount of prospective child support is equal to the amount granted by a prior child support order unless:
Terms Used In Utah Code 81-6-212
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Base child support award: means the award that may be ordered and is calculated using the child support guidelines before additions for medical expenses and work-related child care costs. See Utah Code 81-6-101
- Child: means :(7)(a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;(7)(b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or(7)(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 81-6-101
- Child support: includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 81-6-101
- Child support guidelines: means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support. See Utah Code 81-6-101
- Child support order: means a judgment, decree, or order issued by a tribunal whether temporary, final, or subject to modification, that:
(10)(a) establishes or modifies child support;(10)(b) reduces child support arrearages to judgment; or(10)(c) establishes child support or registers a child support order under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 81-6-101- Child support tables: means the tables described in Part 3, Child Support Tables. See Utah Code 81-6-101
- Court: means :
(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Income: includes :
(15)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;(15)(b)(ii) interest and dividends;(15)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;(15)(b)(iv) unemployment compensation benefits;(15)(b)(v) workers' compensation benefits; and(15)(b)(vi) disability benefits. See Utah Code 81-6-101- Obligee: means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 81-6-101
- Obligor: means a person owing a duty of support. See Utah Code 81-6-101
- Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 81-6-101
- Parent: means a parent with an established parent-child relationship as described in Section
78B-15-201 . See Utah Code 81-1-101- Support: means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child. See Utah Code 81-6-101
- Support order: means :
(27)(a) a child support order; or(27)(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to modification, for alimony. See Utah Code 81-6-101- Temporary: means a period of time that is projected to be less than 12 months in duration. See Utah Code 81-6-101
(1)(a) there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or(1)(b) an adjustment is made as described in this section or Section81-6-213 .(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:(2)(a) is clear and unambiguous;(2)(b) is self-executing;(2)(c) provides for child support that equals or exceeds the base child support award required by the child support guidelines; and(2)(d) does not allow a decrease in child support as a result of the obligor’s voluntary reduction of income.(3)(3)(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.(3)(b) A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a).(3)(c) For purposes of this Subsection (3)(a), a substantial change in circumstances may include:(3)(c)(i) material changes in custody;(3)(c)(ii) material changes in the relative wealth or assets of the parties;(3)(c)(iii) material changes of 30% or more in the income of a parent;(3)(c)(iv) material changes in the employment potential and ability of a parent to earn;(3)(c)(v) material changes in the medical needs of the child; or(3)(c)(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:(4)(a) determine whether a substantial change has occurred;(4)(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(4)(c) adjust the obligor’s ordered support amount to that which is provided for in the child support guidelines if:(4)(c)(i) there is a difference of 15% or more; and(4)(c)(ii) the difference is not of a temporary nature.(5)(5)(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.(5)(b) Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child:(5)(b)(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(5)(b)(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:(5)(b)(ii)(A) the difference is 10% or more;(5)(b)(ii)(B) the difference is not of a temporary nature; and(5)(b)(ii)(C) the order adjusting the obligor’s ordered support amount does not deviate from the child support guidelines.(5)(c) A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).