Child support and custody are two changes in a child’s life that are not fully-set in stone. There can be changes as life events happen to the child’s parents. A few situations that can warrant a modification of child support include:

• Involuntary Job Loss
• Involuntary Incarceration
• Serious Medical Condition of Parent or Child
• Changes in the custody schedule
• Getting a substantial increase or decrease in income
• The child becomes an adult that is the child graduates from high school or has reached 18 years old
• Financial responsibility for other children
• Remarriage of either parent
• Cost of living increases
• Changes in Utah child support laws

When a Parent Seeks to Modify Child Support

When parents seek to change the amount of child support ordered by the court, the Utah courts shall take into account the financial situations of both parents before making any amendments. There are two approaches your Family Law Attorney Utah can take when changing child support. Certain conditions should also be met in each case:

Motion to Modify Child Support

10% Increase/Decrease in Amount of Current and Proposed Child Support Amount Given that the Change in Income is Not Temporary

The Proposed Amount is Consistent with the Utah Child Support Guidelines

Petition to Modify Child Support

The Three-Year Period- Your current order should not have been modified within this period. This includes the Decree of Child Support and Parent Time, the Decree of Paternity, and the Decree of Divorce.)

Changes in Parent’s Employment or Earning Potential

30% or more increase in Parent’s Income

Take note that the other parent should have documentation of the motion or petition to modify child support. Talk with your Utah Divorce Attorney and find out what other documents you need to support your motion or petition. This includes filled out Non-Public Information Forms, an Insurance Premium Worksheet, an Affidavit about Child Support, a Notice of the Utah Rules of Civil Procedure 26.1 Requirements, a Financial Declaration, a Child Care Adjustment Worksheet, and a Proposed Child Support Worksheet. The paperwork and filings for modification of child support will be the same as the original court action. Should both parents agree to the changes in child support, a stipulation on child support modification is in order? Should there be a disagreement between both parties,, litigation may be necessary. It will also cost time and money.

When a Parent Seeks to Change Custody

In joint physical custody cases, the Utah courts may use an “offset” when calculating the child support. If the custody arrangement changes to primary physical, a new support calculation is in order. Many judges consider a change in custody as a change in circumstance as in the case of a change of income. The other party should stipulate to the change in child support, if not a Family Law Attorney Utah can help you file a motion. Furthermore, as changes in custody will affect the child, the Utah court will order an arrangement that is in the best interests of the child or children. The court may favor financial stability unless the other party can show that there is something harmful in the child’s environment that can affect his well-being. The parent seeking the change in custody needs to prove that their home is better for the well-being of the custodial parent. Should the court decide that both homes are equal, the custody may not change. Another cause for changes in custody is an allegation of abuse. If the abuse in either home is proven in court with clear and convincing evidence, the accused may be convicted of a crime, and that may be the basis for the change of custody.

Modifying child support and child custody are not easy to navigate on your own. Should your circumstances change and you are seeking to have the order reflect your current situation, seek the best Family Law Attorney Utah. Hoyer Law Firm has a team of capable Divorce Lawyers Utah that can help you with modifications to child support or custody. Schedule a consultation online at http://www.attorneylehiutah.com or call us at 801-901-0797. An experienced Family Law Attorney Utah will get in touch with you to help you understand how the process works and provide you with expert counsel through each step of the process.