(801) 254-9450 In divorce and custody cases, the court will typically include a provision for child support in the final order. Despite the word “final,” the reality is that it is possible to modify the terms of the agreement in the future. However, there are strict rules about when changes are appropriate.
If you hope to alter these terms or are concerned your co-parent is planning to file a motion of their own, a Heber City child support modification lawyer may be able to help. Let a skilled child support attorney at Carr | Woodall help you deal with this challenging situation with compassion and care.
In Utah, you can only modify a child support order when there has been a substantial and material change in circumstances since the original order. The court looks for changes in the lives of the parents or the child that have more than a minor impact.
There is also a guideline-based path to modification. If applying the child support guidelines would change the payment obligation by at least 10 percent and the existing order is at least three years old, the court may approve a modification without requiring proof of a major life event.
The courts will not alter your support order without sufficient cause. To have a judge consider your request, you will need to file a petition in your existing custody case that sets out the reason for the change, which an attorney could help you with. If the other party files the petition to change your child support arrangement, you have the right to argue against it with your Heber City attorney.
An attorney experienced with child support modification in Heber City could help you pursue a change based on any of the following grounds.
If your or your co-parent’s income increases or decreases in a meaningful way, the current support amount may no longer be fair. If the new amount differs substantially from the guidelines, the court may order a change.
Child support is closely tied to how much time you and your co-parent spend with your child. If visitation changes, the court may need to update the support calculation to match the new schedule.
If your child develops new financial needs, the court could alter the terms of the support order to pay for them. This could be anything from medical costs to education expenses.
If you or your co-parent loses a job or becomes unable to work due to a medical condition may seek a reduction in support, provided the change is not temporary or self-inflicted.
If your co-parent files to modify child support, you have the right to respond. The court will not automatically approve a modification but will give you a chance to be heard first.
You can dispute whether a true material change has occurred or argue that the proposed numbers are inaccurate. This may involve reviewing income records or claimed expenses to prove the current order is appropriate. You might also be able to show that the other parent is intentionally unemployed to avoid their obligations.
What matters the most is having the support of legal counsel in Heber City throughout this child support modification process. Our team can answer your questions and assist you with your motion.
The court has the power to alter a support obligation, but this process starts with a motion from one of the parents. Whether you are making the request or responding to it, a Heber City child support modification lawyer from Carr | Woodall can help. Contact us today to get started and understand your options for modification.