Helping Parents Ensure Their Children Have Everything They Need
When it comes to child support, both parents are expected to take the financial responsibility to ensure their child has the resources needed to succeed in life. At Preston Day Law, PLLC, we can help you navigate the process of securing child support to make sure you and your child are set up for the future.
Whether you are planning on receiving child support payments or wish to understand your obligations when ordered to pay support, contact our attorney. Having an experienced lawyer on your side makes all the difference when it comes time to determine a fair child support agreement.
In Utah, the factors the court will consider before making a child support determination include but are not limited to the following:
- Gross monthly income of both parents
- Childcare costs
- Each child’s needs (including special needs)
- Number of children
- Cost of health insurance
- Cost of transporting a child from one parent’s home to the other
To calculate how much child support you would receive or be expected to pay, contact the experienced lawyer at our firm for assistance.
There are two ways to ask the court to modify child support: a Motion to Adjust and a Petition to Modify. A motion is typically faster but can only be used under certain circumstances. Usually, you will file a petition to make this request.
Motion to Adjust Child Support
A child support order can be modified by a motion if it has been 3 or more years since the initial order was entered and:
- There is a difference of 10% or more between the support amount as ordered and the support amount as required under the guidelines, and
- The difference is not temporary, and
- The proposed child support amount is consistent with the state’s guidelines.
Petition to Modify
A child support order can be modified by a petition; however, there are certain limitations.
If it has been three or more years since the order was entered and:
- There must be a difference of 10% or more between the support amount currently ordered and the proposed support amount as required under the guidelines
- The proposed child support amount does not have to be consistent with the guidelines to file the petition
If it has been less than 3 years since the order was entered, there must be at least a 15% difference between the support amount currently ordered and the proposed support amount required under the guidelines. You must also show that there has been a material change in circumstances.
A material change in circumstances could be one of the following changes:
- Change in custody
- A shift in the relative wealth or assets of the parents
- Increase or decrease of 30% or more in the income of a parent
- Change in the employment potential and ability of a parent to earn
- Change in the medical needs of the child
- Change in the legal responsibilities of a parent for the support of others
- Change in the availability or cost of health care coverage
- Change in work-related or education-related childcare expenses of the payor or the payee of child support
- Emancipation of a child
Call (801) 335-6261 to schedule an appointment with our attorney or contact us online to get started.
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