Child Support Modification - Utah

PETITION TO MODIFY CHILD SUPPORT ORDER

IN THE [____] JUDICIAL DISTRICT COURT, [____] COUNTY, STATE OF UTAH

Case No. [________________]

Judge [________________]

This petition is brought under Utah Code § 81-6-212 and Utah Rule of Civil Procedure 106.

Parties

1. Petitioner: [Full Legal Name], [Relationship to Child(ren)]
2. Respondent: [Full Legal Name], [Relationship to Child(ren)]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction & Venue
4. Background and Existing Order
5. Ground for Modification or Adjustment
6. Guideline Re-Calculation & Proposed Support
7. Requested Modifications to Ancillary Orders
8. Enforcement Mechanisms Requested
9. Attorney Fees & Costs
10. General Provisions
11. Prayer for Relief
12. Verification & Signature Block
13. Certificate of Service

1. DOCUMENT HEADER

Effective Date of Petition: [DATE]

This Petition is brought pursuant to:

• Utah Code § 81-6-212 (modification or adjustment of child support);
• Utah Code §§ 81-6-202 through 81-6-210 (guideline calculation and required order terms); and
• Utah Rule of Civil Procedure 106 (petition, service, response, and effective-date procedure).

2. DEFINITIONS

For purposes of this Petition:

“Existing Order” means the child support order entered on [DATE] in Case No. [________________].

“Guidelines” means the Utah child support guidelines applicable under Utah Code Title 81, Chapter 6.

“Minor Child(ren)” means:
a. [Child 1 Full Name], born [DOB]
b. [Child 2 Full Name], born [DOB]
[Add rows as needed.]

The Petitioner relies on the following ground under Utah Code § 81-6-212:

☐ Substantial-change petition. A qualifying substantial change has occurred; the recalculated amount differs by at least 15%; and the difference is not temporary. See § 81-6-212(3)-(4).

☐ Three-year adjustment. The order has not been issued or modified within the previous three years; the recalculated amount differs by at least 10%; the difference is not temporary; and the requested order does not deviate from the Guidelines. A substantial change need not be shown for this route. See § 81-6-212(5).

3. JURISDICTION & VENUE

3.1 This petition is filed in the action in which the Existing Order was entered, Case No. [________________].

3.2 Under Utah Rule of Civil Procedure 106(a), the petition and summons must be served under Rule 4, and the Respondent's answer is due within the time allowed by Rule 12.

3.3 The Petitioner asks the clerk or reviewing attorney to confirm that the caption, county, judicial district, and case assignment are correct before filing.

4. BACKGROUND AND EXISTING ORDER

4.1 On [DATE], the Court entered the Existing Order obligating [Payor’s Name] to pay child support of $[AMOUNT] per month.

4.2 Since entry of the Existing Order, both parties have complied/substantially complied with its terms, except as follows: [Describe any deviations or arrears, if applicable].

5. GROUND FOR MODIFICATION OR ADJUSTMENT

5.1 If the substantial-change route is selected, the following change or changes under Utah Code § 81-6-212(3)(c) have occurred:

☐ Material change in custody: [________________________________]

☐ Material change in relative wealth or assets: [________________________________]

☐ Material change of 30% or more in a parent's income: [________________________________]

☐ Material change in employment potential or ability to earn: [________________________________]

☐ Material change in the child's medical needs: [________________________________]

☐ Material change in a parent's legal responsibility to support others: [________________________________]

5.2 The change is not temporary because: [________________________________].

5.3 Existing monthly support: $[________]. Recalculated monthly support: $[________]. Difference: [____]%.

6. GUIDELINE RE-CALCULATION & PROPOSED SUPPORT

6.1 The parties' current gross monthly incomes, supported by the verification required by Utah Code § 81-6-203(1), are:

• Petitioner: $[AMOUNT]
• Respondent: $[AMOUNT]

6.2 Applying the Guidelines and the applicable sole, joint, or split physical-custody calculation in §§ 81-6-204 through 81-6-207, the proposed monthly child support is $[CALCULATED AMOUNT]. The completed proposed child-support worksheet required by § 81-6-202 is attached as Exhibit A.

6.3 Petitioner requests that the Court modify the Existing Order to require [Payor] to pay $[NEW AMOUNT] per month. Under Rule 106(b), the Existing Order remains in effect while this petition is pending, and the court may make a modification retroactive to the date the petition was served.

6.4 Health-care premium apportionment and child-care cost sharing are recalculated as set forth in Exhibit B.

7. REQUESTED MODIFICATIONS TO ANCILLARY ORDERS

7.1 Medical & Dental Insurance: Enter the health-care coverage, primary/secondary plan designation, premium allocation, and uninsured-expense terms required by Utah Code § 81-6-208, subject to a deviation supported under § 81-6-208(4).

7.2 Uninsured Medical Expenses: Allocate reasonable and necessary uninsured and unreimbursed medical and dental expenses: ☐ equally ☐ as follows, if approved: [________________________________]. Written verification of paid expenses shall be provided within 30 days as required by § 81-6-208(10)(c).

7.3 Child Care: Allocate reasonable work-related child-care expenses under Utah Code § 81-6-209. For an order entered or modified on or after January 1, 2027, address the minimal child-care-award provisions then in effect.

7.4 Income Tax Exemptions: Allocate federal and state dependency exemptions case by case under Utah Code § 81-6-210: [________________________________].

8. ENFORCEMENT MECHANISMS REQUESTED

8.1 Include immediate income withholding as required by Utah Code § 26B-9-303 for a case receiving IV-D services or § 26B-9-403 for a non-IV-D case, unless the court finds good cause or approves a written alternative payment arrangement.

9. ATTORNEY FEES & COSTS

9.1 Under Utah Code § 81-1-203, Petitioner requests costs and attorney fees necessary to prosecute this child-support action and alleges:

• Petitioner lacks the financial resources to pay the requested costs and fees because: [________________________________].
• Respondent has the financial resources to pay the requested costs and fees because: [________________________________].
• The requested costs and fees are necessary and reasonable because: [________________________________].

10. GENERAL PROVISIONS

10.1 Existing Order: Except as modified by a new order, the Existing Order remains in effect while this petition is pending under Rule 106(b).

10.2 Future Relief: A later adjustment or modification must satisfy the law and procedure then in effect.

11. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter an Order that:

A. ☐ Finds a substantial change in circumstances and the other requirements of Utah Code § 81-6-212(3)-(4), or ☐ grants a three-year adjustment under § 81-6-212(5);
B. Vacates the Existing Order only to the extent inconsistent with the new Order;
C. Sets child support at $[NEW AMOUNT] per month effective [DATE];
D. Orders medical support, tax exemptions, and cost sharing as set forth herein;
E. Issues an Immediate Income Withholding Order;
F. Awards Petitioner attorney fees and costs upon the findings required by Utah Code § 81-1-203; and
G. Grants any other relief the Court deems just and equitable.

12. VERIFICATION & SIGNATURE BLOCK

I declare under criminal penalty under the law of Utah that the foregoing is true and correct.

Signed on the [____] day of [________________], [________], at [CITY OR OTHER LOCATION], [STATE OR COUNTRY].

[PETITIONER NAME]

__________________________________
[PETITIONER NAME], Petitioner, Signature

[Address]
[Phone]
[Email]

13. CERTIFICATE OF SERVICE

I certify that on [DATE], the Petition, exhibits, and summons were served on [RESPONDENT NAME] at [SERVICE ADDRESS] in accordance with Utah Rule of Civil Procedure 4 by the following method: [________________________________].

__________________________________
[NAME], [Title]

END OF TEMPLATE

SOURCES AND REFERENCES

• Utah Code Title 81, Chapter 6, Part 2 — Calculation and Adjustment of Child Support
• Utah Code § 26B-9-303 — Immediate Income Withholding in IV-D Cases
• Utah Code § 26B-9-403 — Immediate Income Withholding in Non-IV-D Cases
• Utah Code § 81-1-203 — Costs and Attorney Fees
• Utah Code § 78B-18a-106 — Form of Unsworn Declaration
• Utah Rule of Civil Procedure 106 — Modification of Final Domestic Relations Order