What You Should Know About Modifying a Child Support Order

While most of the time we work with clients as they are starting the divorce process, there are times that we meet with those who have been divorced for a while and need some help navigating life’s changes. We can help you get things straightened out and adjusted as your needs change.

How often can a child support order be modified?

As a rule of thumb, support orders should be re-evaluated every three years. Utah Family Court allows for a request for modification inside of three years if there is a change of more than 10 percent of income, positive or negative and this change is expected to last more than 12 months. A child’s emancipation or a change in the number of overnights that children spend with either parent are also reasons that the courts allow for a modification less than three years than the last modification.

Special needs and child support obligations

Depending on the age of your child when you divorced and created your parenting plan and support orders, you may have overlooked what happens when a child with special needs reaches the age of legally presumed emancipation. If you haven’t made plans for your child after s/he nears the legal age adulthood, you should contact a Provo divorce lawyer to make the needed changes for your child.

Remarriage and child support obligations

Many people worry that their new spouse’s income will count towards their child support obligation or receipt. While this is understandable, this is simply not the case. The child’s biological or adoptive parents’ income is used to calculate child support. 

What if the parties live in different states?

Each state is required by federal law to cooperate with others in enforcement and modification of child support and medical support obligations. 

As each case is different and the law is uniform, hiring an experienced divorce attorney in Provo can make your case go much more smoothly. Contact Larsen Law Firm for a free initial consultation today.