Utah Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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US-00800BG
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

(2) Pursuant to Section 78B-5-202, a child support order or a sum certain judgment for past due support may be enforced within four years after the date that the youngest child reaches the age of majority, or eight years from the date of the entry of the sum certain judgment entered by a tribunal, whichever period of ...

The custodial parent (CP) may authorize the discharge of any non-IV-A arrears debts by forgiving the debt(s).

The Utah statute of limitations for unpaid child support is the date that the youngest child named in the child support order reaches adulthood plus four years. The exception is in a case in which a sum-certain judgment has been issued, which means the amount owed is not legally disputable.

If you want the court to change your decree you must show that there has been a material (important) and substantial (major) change in circumstances since the divorce decree was issued. The change could involve one or both parties or any children from the marriage.

Child support is calculated using the gross monthly income of both parents and the number of overnights the child spends in each household.

Sometimes we ask the courts to help collect past-due support. If your case meets certain legal conditions, we may start civil contempt proceedings. If the court does hold you in contempt, you can face a variety of sanctions, including community service or even short-term incarceration.

The payer needs to have a Utah family law attorney file The Affidavit for Termination of Child Support with the appropriate court. There are only a few reasons why child support can be stopped. Valid reasons include the adult paying the support payments is also willing to relinquish their parental rights.

(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000.

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Utah Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support