Child support is often a sore spot between parents in a divorce. While considerations behind determining a child support order may change from state to state, a question many parents in Utah may have — whether they are on the payor or payee end of a support payment — involves the ability to modify a payment order. Circumstances change, but should child support change with those circumstances?

Generally speaking, it is possible to gain a modification of child support, particularly if there is a significant change in circumstances. This could include a substantial increase or decrease in income or the disability of a child. However, the parent requesting the change is often responsible for proving a change in status occurred, which isn’t always easy to do.

If a modification is desired, a request must be filed in family court. Those thinking about a modification may consider seeking counsel beforehand to determine if the change of circumstance is considered significant enough to pursue the request. At the end of the day, only a judge can make the call regarding whether the circumstances warrant a change in the support amount.

Securing a modification of child support can be difficult and expensive to attain, though not impossible. Keeping documentation to show a change in circumstances will prove beneficial when it comes time to file a motion for the adjustment. Even though there are cases that may not be approved, Utah parents who believe they qualify for a reduction or increase in child support payments certainly have the right to make the request.

Source: nj.com, “Your Legal Corner: Modification of a child support order“, Victoria M. Dalton, June 22, 2014

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