Child Support Modification in Utah | Who Qualifies & How to Apply

If you’re paying or receiving child support in Utah, you might be wondering if you can adjust your current order. But not every change qualifies.

Utah courts don’t approve modification of child support just because things feel tight financially. The change needs to be substantial and long-term, like a big shift in your income, a new child custody arrangement, or serious medical issues.

At Henriksen & Henriksen, we’ve helped countless parents navigate child support modification in Utah. If you’re unsure whether you qualify for a change, we’ll break it down so you know what to expect — and how to take action.

Let’s get started.

How Child Support Modification Works in Utah

When your child support modification in Utah was first set, it was based on your financial situation at that time. However, things don’t always stay the same. You may end up losing your job, getting one that pays less, or developing health issues that prevent you from working.

If something major happens, you might be able to request a modification of child support to reflect your new financial reality. In Utah, you can request a child support change if:

There’s been a substantial change in your circumstances (job loss, serious health issues, or a new child custody agreement).
The current order is outdated due to income changes or new state guidelines.

In Utah, you can modify child support every three years. Even without major changes, you can request a review. However, if there’s a substantial change affecting your income, custody, or the child’s needs, you can request it at any time.

6 Reasons to Modify Child Support in Utah

As mentioned, not every financial or personal change qualifies for a modification. Courts in Utah only approve changes that are significant, long-term, and involuntary. These typically include:

1. Major Income Changes

A big shift in your income, whether up or down, can justify a new support order.

Loss of Job or Reduced Income: If you lose your job, take a pay cut, or can’t work due to disability, you may qualify.
Increase in Income: If the paying parent gets a significant raise, the receiving parent may request a higher amount.

However, it’s important to know that Utah child support laws don’t approve modifications if a parent voluntarily quits or takes a lower-paying job to avoid payments. Also, you can only ask to modify the support if the difference between the currently ordered amount and the proposed one is at least 10%.

2. Custody or Parenting Time Changes

Child support in Utah is partly based on overnight visits. If custody changes, child support may need an adjustment.

If the noncustodial parent starts having the child more often, they may pay less.
If the custodial parent takes on more responsibility, they may receive more support.

3. Medical Issues or Disability

A parent suffering from a serious, long-term illness or disability can file a motion to modify child support if it affects their ability to work. Courts require medical proof and financial records. If the child develops a medical condition requiring extra expenses (therapy, medical care, special schooling), the receiving parent can request higher support payments.

4. New Financial Responsibilities

If the paying parent has another child (from remarriage or a new relationship), they can request a modification. However, Utah courts prioritize existing children first and won’t approve a child support modification request if it unfairly reduces the first child’s support.

5. Cost of Living Changes

If the child’s expenses rise significantly, such as tuition, healthcare, or daycare, a Utah court may modify support. However, normal cost-of-living increases don’t always qualify.

6. Military Deployment

Military service members can modify child support if deployment or duty assignments impact their income.

What Doesn’t Qualify for a Child Support Modification in Utah?

Not every financial or life change qualifies for child support modification in Utah. Courts are strict about these modifications, so it’s important to know what won’t work before filing a request.

Temporary Job Loss – Short-term layoffs or seasonal work fluctuations don’t count.
Voluntary Unemployment – Choosing to quit or work fewer hours won’t reduce your obligation.
New Bills or Debts – Buying a house, car, or even remarrying doesn’t change child support responsibilities.
Inflation – A general rise in living costs isn’t enough to modify support.
Lifestyle Changes – Just because your budget feels tight doesn’t mean the court will approve a change.
Disagreements Between Parents – If one parent thinks the amount is unfair, but nothing significant has changed, the court won’t modify it.

When you file a motion to modify child support, the goal is to ensure your child’s financial needs are met in a fair and realistic way. However, not every change qualifies and the process can be tricky. So, before assuming you qualify, it’s best to talk to hiring a competent child support lawyer as soon as possible.

How to Request a Child Support Modification in Utah

If your situation has changed and you qualify for a child support modification in Utah, you’ll need to follow a legal process to update your order. The changes won’t kick in automatically. You’ll need to prove why the change is necessary and ensure it meets Utah child support modification laws.

The process typically includes:

1. Check Your Current Support Order

Before taking action, review your existing child support agreement.

Does your situation meet Utah’s requirements for a modification of child support?
You can get guidance from the Utah Office of Recovery Services (ORS) or consult an attorney to assess your case.

2. Gather Your Evidence

To modify child support, you must prove that your circumstances have significantly changed. Utah courts require clear documentation, such as:

Pay stubs, tax returns, or employer letters showing income changes.
Medical records if a health issue affects your ability to work or increases the child’s financial needs.
Proof of child-related expenses (school, daycare, healthcare, or special needs).
Custody agreements if parenting time has changed.

3. File a Petition for Modification

Once you have your evidence, you’ll need to officially submit your request.

You can file a stipulation agreement for court approval if both parents agree.
If parents disagree, you must file a motion for modification and prepare for a court hearing.

Where to file?

“Can I request a child support modification online?”

This is a question we often come across. Yes! You can file it through the Utah State Courts website. Alternatively, you can file your request through ORS Child Support Services.

4. Attend a Court Hearing (If Needed)

The court may schedule a hearing if the other parent disputes the child support modification.

Bring solid proof of financial or custody changes.
Be ready to explain why the modification is necessary for the child’s well-being.

Conclusion

You may qualify for a modification if you’ve had a major income shift, custody change, or new financial burden. However, Utah courts won’t approve changes for minor or temporary reasons. A family law attorney can guide you through the process and ensure the modification request gets handled properly.

If you need help modifying child support in Utah, Henriksen & Henriksen is here to help. In over 60 years of experience, we’ve worked with many parents to modify their support. Schedule your free consultation today!