Child Support Modification Utah
Although an appropriate amount of child support will be determined by the courts, that does not make it permanent. Depending on the circumstances, you could have your current child support order modified. If either parent’s income is adjusted or lowered, he or she may need the order to be changed in order to meet financial obligations. A child’s cost of living may also change, creating a need for adjusted child support.
Once a child support agreement or order is given by the courts, the amount payable may be raised or lowered under different circumstances. Changes in the earning ability of the parent or the financial needs of the child could be adequate to warrant a modification. The prevailing costs of living may also create a need to adjust child support. This guide seeks to answer various questions about child support modification and the various reasons for the modification.
Reasons for Modifying Child Support
To be successful with your petition to modify child support in the Utah courts, you need to provide proof that there has been a considerable change of circumstances since the original order was issued – the change may be either permanent or temporary. Here are the common situations under which the courts may grant your request to modify child support in Utah:
- The parent who pays child support has had a significant increase in his/her income (often 10 percent or more).
- The parent who receives child support has had a decrease in his/her income (often 10 percent or more).
- Involuntary loss of job by the parent receiving child support.
- A significant increase in the needs of the child, resulting in increased medical, educational, and other expenses.
- One parent experiencing difficulties as a result of illness, disability, or temporary financial troubles.
- The increased cost of living that impacts the financial condition of one of the parents.
- Either of the parents is remarried.
How to Modify Child Support in Utah
Child support can be modified by taking two approaches through the Utah courts: filing a petition to modify child support or filing a motion to modify child support. A motion is often filed under limited circumstances in Utah, making the filing of a petition the better option in the majority of cases.
Retaining The Help Of A Utah Child Support Attorney
Many factors could affect your ability to maintain or live off of child support payments such as a serious injury, remarriage or loss of employment. There may be reasonable cause for you to request a child support modification. If both parents cannot agree on an adjustment, they must approach the courts to have a judge create a modified order. Helpful tools for successfully obtaining the modification you want include any documents of proof for your recent change in income.
By enlisting the services of a Salt Lake City divorce attorney, you may be able to reach a successful adjustment in your support plan. At the Law Office of David Pedrazas, PLLC, we will work with you to gather all of the evidence, documents, and proof that you need to demonstrate the need for Utah child support modification. Our firm is committed to providing parents and children with the justice they need in their custody and child support modification Utah cases. We offer compassionate and personal service, handling any of the child support concerns you have. In the past 20 years, we have helped numerous clients obtain the modifications they deserve in their child support orders. If you would like to enlist the help of a Salt Lake City child support lawyer, fill out our free online case evaluation.
Can I Modify My Child Support Payments Without Going To Court?
At our firm, we understand how difficult it can be to return to court after a recent divorce or custody battle. If parents do not agree on an adjusted payment, they will be forced to return to court and have a judge settle it. Modifying your payments for every income change or new expenditure becomes frustrating and time-consuming. One way to avoid numerous court appearances is to petition your judge to include a Cost of Living Adjustment (COLA) clause in the initial child support order. The benefit of this clause is that it enforces a change in payments according to the annual cost of living. This clause allows automatic adjustment of the payments according to the yearly changes in the cost of living, so you can live at ease without going to court every other year.
Modifying Child Support Attorney in Salt Lake City, Utah
To have your judge include a COLA in the initial child support ruling, Contact our Salt Lake City family law attorney. Attorney David Pedrazas has over 20 years of experience defending people through difficult divorce and custody battles. We also offer a Legal Case Review to ascertain the weight of your submission. Contact us today at 801-263-7078 for more information on child support modification.