Utah Code 26B-9-220. Review and adjustment of child support order in three-year cycle — Substantial change in circumstances not required

26B-9-220. Review and adjustment of child support order in three-year cycle — Substantial change in circumstances not required.

(1)

If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if:

Terms Used In Utah Code 26B-9-220

Child: means :

(a)	a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b)	a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c)

a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201

Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Child support guidelines: means guidelines as defined in Section 78B-12-102. See Utah Code 26B-9-201

Child support order: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: includes a person who:Utah Code 68-3-12.5

Guidelines: means the same as that term is defined in Section 78B-12-102. See Utah Code 26B-9-201

Office: means the Office of Recovery Services. See Utah Code 26B-9-201

Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201

Support: includes past-due, present, and future obligations established by:

(a)	a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and

(b)	a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201 Support order: means the same as child support order. See Utah Code 26B-9-201
(a)	requested by a parent or legal guardian involved in a case receiving IV-D services; or

(b)	there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.

(2)

If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines. If there is such a difference and the difference is not of a temporary nature, the office shall:

(a)	with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the guidelines; or

(b)	with respect to a child support order issued or modified by a court, file a petition with the court to adjust the amount to that which is provided for in the guidelines.

(3)

The office may use automated methods to:

(a)	collect information and conduct reviews under Subsection (2); and

(b)	identify child support orders in which there is a difference of 10% or more between the amount of child support ordered and the amount that would be required under the child support guidelines for review under Subsection (1)(b).

(4)

(a)	A parent or legal guardian who requests a review under Subsection (1)(a) shall provide notice of the request to the other parent within five days and in accordance with Section 26B-9-207.

(b)

If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall provide notice to the parties of:

(i)	a proposed adjustment under Subsection (2)(a); or

(ii)	a proposed petition to be filed in court under Subsection (2)(b).

(5)

(a)	Within 30 days of notice being sent under Subsection (4)(a), a parent or legal guardian may respond to a request for review filed with the office.

(b)	Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and providing documentation that refutes the adjustment or petition.

(6)	A showing of a substantial change in circumstances is not necessary for an adjustment under this section.

Renumbered and Amended by Chapter 305, 2023 General Session

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