Modifying Child Support

At Red Law Family & Divorce Attorneys, we understand that child support can be complicated. If you have an existing child support order and you need child support modification, our lawyers can help you. We offer comprehensive child support services and can help you negotiate for fair child support payments.

Learn more about what you need to modify a child support payment below. Then, contact us for a full review and free case consultation.

Who Can Modify a Child Support Order?

Either the parent paying child support or the parent receiving child support may seek to modify the amount of a child support order by setting a hearing with the court and showing that there has been a substantial change in circumstances after a divorce.

Numerous factors must be shown for one or the other parent to earn a change in the payment structure. This includes adhering to the rule of substantial change and significant changes in circumstances.

Substantial Change in Circumstances Rule

Among the things that a court is instructed to consider when determining whether a substantial change in circumstances has taken place are:

• Whether any material change is temporary or permanent;
• Material changes in custody;
• Material changes in the relative wealth or assets of the parties;
• If one of the parent's income has fluctuated by 30% or more;
• If one of the parents has experienced a material change in employment potential and the ability of that parent to earn income;
• Material changes in the medical needs of the parties' child(ren);
• Material changes in either of the parent's legal responsibilities to support other individuals (i.e., other children, incapacitated adults).

If any of these factors above are present, the court will determine whether the substantial change in circumstances results in a 15% difference between what the paying spouse currently pays in child support and what the paying spouse would otherwise be ordered to pay in child support given the substantial change in circumstances.

If the court finds a 15% difference exists, the court may modify the parent's child support order. Reach out to us for help with your family law issues.

Three Year Rule

Either the parent receiving child support or the parent paying child support may seek to modify the amount of money in child support paid by showing three things:

1. It has been at least three years since the child support was last ordered or modified;
2. Based on the parties' new incomes, there is a 10% difference in the amount of child support that should be paid;
3. The difference between the previously ordered child support amount and what the child support amount would be now is due to a permanent change and not a temporary change (e.g., a permanent change would be a new job, a temporary change would be overtime hours during the holiday season).

Under the 10% difference rule, it is not necessary to show a substantial change in circumstances, for example, as is the rule described above.

How Is Child Support Calculated?

Child support is calculated based on several factors to ensure the child's needs are met. The court looks at each parent's income and the number of children involved. They also consider the child's legal guardian and cost of healthcare, childcare, and education expenses. The goal is to determine a fair amount of support that reflects the child's best interests.

In Utah, guidelines are used by court order to calculate child support. These guidelines help ensure consistency across cases. However, the court can adjust the support amount if circumstances substantially change. Understanding how child support is calculated can help parents plan for their financial responsibilities.

Learn more about how child support is calculated here

• CHILD SUPPORT
• IF I MAKE $1,000 A WEEK, HOW MUCH CHILD SUPPORT DO I PAY?
• MODIFYING CHILD SUPPORT

Common Reasons Why Child Support Orders Might Be Modified

1. Change in Employment Status. If a parent loses their job or gets a new job, it can affect their ability to pay. A significant change in income may lead to modifying child support.
2. Substantial Change in Income. A large increase or decrease in a parent's income is a substantial change. This substantial change can be a reason for support modification.
3. Change in Custody Arrangements. If the child starts living with the other parent, this change may require adjusting child support. Visitation and child custody issues can impact who pays support and how much.
4. Medical Needs of the Child. If the child develops a serious medical condition, the support amount may need to increase. This substantial change might require additional funds to cover medical expenses.
5. Change in the Child's Needs. As children grow, their needs change. Increased costs for education or activities can lead to changing child support.
6. Parent's Remarriage or New Child. If a parent remarries or has another child, their financial obligations change. This substantial change can be a reason to modify child support orders.
7. Emancipation of the Child. When a child becomes legally independent, support may no longer be necessary. This substantial change can terminate the support obligation.

What Happens If I Can't Pay Child Support?

If you can't pay your court-ordered child support, taking action quickly is important. Ignoring the problem can lead to serious consequences. The court may see non-payment as willful neglect of your responsibilities. This could result in legal penalties, including jail or prison time.

In extreme cases, failing to pay child support can lead to jail or prison. The court may hold you in contempt, which is a serious matter. It's better to seek a support modification if there's been a substantial change in your circumstances.

Communicating with the court shows you're taking responsibility and can help you avoid jail or prison.

How Can an Ogden Child Support Lawyer Help Me?

• Understanding the Law. A private attorney can explain Utah's child support laws to you. They help you understand your rights and obligations.
• Calculating Support Amounts. They can assist in determining the appropriate child support amount. This ensures the support reflects both parents' incomes and the child's needs.
• Filing for Modifications. If there's a substantial change in circumstances, a lawyer can help modify child support orders. They guide you through the legal process for support modification.
• Representing You in Court. An attorney can represent you during a court hearing. They advocate on your behalf to achieve a fair outcome.
• Addressing Custody Issues. They can help with visitation and custody issues that affect child support. Resolving these matters can impact the amount of support needed.

Contact Our Ogden Child Support Lawyer For a Consultation

If you need to modify child support, our legal team can help you. At Red Law Family & Divorce Attorneys, we have experience addressing all types of child support issues. Our team will go through your options and help you decide on the best course of action.

Contact us today to schedule your initial consultation.