Utah Code 26B-9-221. Review and adjustment of support order for substantial change in circumstances outside three-year cycle

26B-9-221. Review and adjustment of support order for substantial change in circumstances outside three-year cycle.

(1)

Terms Used In Utah Code 26B-9-221

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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

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

Income: means the same as that term is defined in Section 26B-9-101. 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)	A parent or legal guardian involved in a case receiving IV-D services or the office, if there has been an assignment under Section 35A-3-108, may at any time request the office to review a child support order if there has been a substantial change in circumstances.

(b)

For purposes of Subsection (1)(a), a substantial change in circumstances may include:

(i)	material changes in custody;

(ii)	material changes in the relative wealth or assets of the parties;

(iii)

material changes of 30% or more in the income of a parent;

(iv)	material changes in the ability of a parent to earn;

(v)	material changes in the medical needs of the child; and

(vi)	material changes in the legal responsibilities of either parent for the support of others.

(2)

Upon receiving a request under Subsection (1), the office shall review the order, taking into account the best interests of the child involved, to determine whether the substantial change in circumstance has occurred, and if so, whether the change resulted in a difference of 15% or more between the amount of child support 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 support order issued or modified by the office, adjust the amount in accordance with the guidelines; or

(b)	with respect to a support order issued or modified by a court, file a petition with the court to adjust the amount in accordance with the guidelines.

(3)	The office may use automated methods to collect information for a review conducted under Subsection (2).

(4)

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

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

Renumbered and Amended by Chapter 305, 2023 General Session

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