There are two basic ways to modify a child support obligation under Utah Law.

They are provided for under Utah Code Section 78B-12-210 (8) and (9).

First, under subsection 8 (the 3 year rule), a child support obligation that has not been issued or modified within the previous three years may be adjusted if, based on the parties’ current incomes, there would be a difference of 10% or more from the previous child support obligation. Under this subsection, no showing of substantial or material change of circumstances is necessary.

Secondly, under subsection 9, a child support obligation may be modified at any time based upon a substantial change of circumstances. The subsection sets forth a list of things that qualify as a substantial change of circumstances. If there is such a change and there would be a difference of 15% or more from the previous child support obligation, the child support may be modified.

These rules are set forth below:

(8) (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.

(b) Upon receiving a motion under Subsection (8)(a), the court shall, taking into account the best interests of the child:

(i) determine whether there is a difference between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and

(ii) if there is a difference as described in Subsection (8)(b)(i), adjust the payor’s ordered support amount to the payor’s support amount provided in the guidelines if:

(A) the difference is 10% or more;

(B) the difference is not of a temporary nature; and

(C) the order adjusting the payor’s ordered support amount does not deviate from the guidelines.

(c) A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (8).

(9) (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. A change in the base combined child support obligation table set forth in Section78B-12-301 is not a substantial change in circumstances for the purposes of this Subsection (9).

(b) For purposes of this Subsection (9), a substantial change in circumstances may include:

(i) material changes in custody;

(ii) material changes in the relative wealth or assets of the parties;

(iii) material changes of 30% or more in the income of a parent;

(iv) material changes in the employment potential and ability of a parent to earn;

(v) material changes in the medical needs of the child; or

(vi) material changes in the legal responsibilities of either parent for the support of others.

(c) Upon receiving a petition under Subsection (9)(a), the court shall, taking into account the best interests of the child:

(i) determine whether a substantial change has occurred;

(ii) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and

(iii) adjust the payor’s ordered support amount to that which is provided for in the guidelines if:

(A) there is a difference of 15% or more; and

(B) the difference is not of a temporary nature.

(10) Notice of the opportunity to adjust a support order under Subsections (8) and (9) shall be included in each child support order.

It is important to remember that a modification will only be effective as of the date of service of the petition or motion to modify.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.