Child Support Modification Lawyers in Salt Lake County
Adjust Your Child Support Award or Obligation
Child support orders can be later modified if circumstances have changed. A Utah judge may modify the existing order to bring the amount of child support in line with changes in the situation.
For example, if one parent’s income has significantly increased or decreased, the court may find it appropriate to adjust the amount of child support. You may have multiple reasons why you need to seek a modification to increase or decrease the child support amount.
Our experienced Salt Lake County child support modification lawyers at Eric M. Swinyard & Associates, PLLC in South Jordan can guide you through the process of legally pursuing a modification and ensure that your rights are fully protected throughout the process.
Contact us online or call (801) 515-4133 to request an initial consultation.
Hear From Our Happy Clients
At Eric M. Swinyard & Associates, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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Eric did an awesome job.
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He is very prompt with his responses to emails and phone calls which makes the process less stressful.
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He handled all matters promptly and thoroughly. He cares deeply about his clients and makes sure their needs are fully understood.
Eric is an outstanding attorney. He handled all matters promptly and thoroughly. He cares deeply about his clients and makes ...
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I have had an absolutely positive experience through and through with them. They’re professional, empathetic, and ethical. I wish I could give more than 5 stars.
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Logan
Reasons to Modify Child Support
To successfully modify a child support order, you need to prove to a judge that a substantial change of circumstances has occurred since the time that the original order was issued. The change may be either temporary or permanent.
The court may grant a child support modification if:
- There has been a significant increase in the income of the parent who pays the child support (normally 10% or more).
- There has been a significant decrease in the income of the parent who receives the child support (normally 10% or more).
- The parent receiving child support involuntarily loses his or her job.
- The needs of the child have increased significantly, resulting in increased educational, medical, or other expenses.
- One of the two parents is experiencing hardship due to disability, illness, or temporary financial problem.
- An increase in the cost of living is impacting one parent’s financial condition.
- One of the parents has remarried.
When Can Child Support Be Modified Utah?
According to Utah Code Section 78B-12-219, a child support order can be modified by a petition any time as long as:
- The child is at least 18 years old or independent
- There is a change in availability, coverage, or the possibility of the cost of health care insurance.
See the Utah Code Section 78B-12-2109 for additional information.
If all the conditions required to succeed with a motion for modification of child support are not met, then the appropriate alternative is to file a petition for modification of child support.
A petition for modification can also be used to modify an existing child support order that was entered within the past three years if there has been a sufficient change to any one of the following conditions:
- Custody of the child
- One of the parent’s assets or wealth in relation to the other parent
- A change of 30% or more in one of the parent’s income
- One of the parent’s employment
- One of the parents’ earning potential
- The medical needs of the child
- One of the parent’s legal responsibilities for the financial support of other people
- Childcare expenses due to work or education
- The child’s emancipation
With either approach – motion or petition – you are required to serve the other parent with the appropriate documentation and to do so by the means authorized per the Utah Rules of Civil Procedure (URCP).
