Utah § 81-6-212 - Modification of child support order -- Adjustment of child support.
Full text of Utah Utah Code § 81-6-212 — Modification of child support order -- Adjustment of child support., with citation guidance and answers to common questions.
§ 81-6-212. Modification of child support order -- Adjustment of child support.
Effective 9/1/2024 81-6-212.
Modification of child support order -- Adjustment of child support.
(1)
The amount of prospective child support is equal to the amount granted by a prior child support order unless:
(a)
there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or
(b)
an adjustment is made as described in this section or Section 81-6-213.
(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:
(a)
is clear and unambiguous;
(b)
is self-executing;
(c)
provides for child support that equals or exceeds the base child support award required by the child support guidelines; and
(d)
does not allow a decrease in child support as a result of the obligor's voluntary reduction of income.
(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.
(b)
A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a).
(c)
For purposes of this Subsection (3)(a), 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.
(4)
Upon receiving a petition under Subsection (3)(a), the court shall, taking into account the best interests of the child:
(a)
determine whether a substantial change has occurred;
(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
(c)
adjust the obligor's ordered support amount to that which is provided for in the child support guidelines if:
(i)
there is a difference of 15% or more; and
(ii)
the difference is not of a temporary nature.
(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.
(b)
Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child:
(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
(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:
(A)
the difference is 10% or more;
(B)
the difference is not of a temporary nature; and
(C)
the order adjusting the obligor's ordered support amount does not deviate from the child support guidelines.
(c)
A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).
Section 81-6-212 ("Modification of child support order -- Adjustment of child support.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-6-212?
A common citation format is "Utah Code § 81-6-212" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-6-212 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
