Child Support Modification

[COURT NAME]

[STATE OF UTAH]
[JUDICIAL DISTRICT] – FAMILY DIVISION

PETITION TO MODIFY CHILD SUPPORT ORDER

(Utah Code Ann. § 78B-12-210 et seq.)

[CASE NO. ______]

[JUDGE ______]

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. Substantial Change in Circumstances
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 Ann. § 78B-12-210 (Modification of Support Orders)
• Utah Code Ann. § 78B-12-301 to -305 (Child Support Guidelines)
• Utah R. Civ. P. 106 (Modification of Final Orders)

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 codified at Utah Code Ann. §§ 78B-12-301 – 305.

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

“Substantial Change in Circumstances” shall have the meaning set forth in Utah Code Ann. § 78B-12-210(8) and includes, without limitation, any change that results in at least a 10% difference between the amount of the existing order and the amount that would result from a new application of the Guidelines, provided three (3) or more years have passed since entry of the Existing Order, or a 15% change if less than three (3) years.

3. JURISDICTION & VENUE

3.1 The Court that issued the Existing Order retains continuing, exclusive jurisdiction under Utah Code Ann. § 78B-12-201.
3.2 Venue is proper in this Judicial District because the Existing Order was entered here and/or the Respondent resides within this District.

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. SUBSTANTIAL CHANGE IN CIRCUMSTANCES

5.1 Since the Existing Order, the following material changes have occurred:

a. Income Change: [Describe – e.g., involuntary job loss, promotion, long-term disability].
b. Custodial Schedule: [Describe – e.g., change from sole to joint physical custody].
c. Health-Insurance Costs: [Describe increase/decrease].
d. Other Statutory Factors: [Describe – e.g., emancipation of one child, substantial medical expenses].

5.2 These changes result in more than a [10%/15%] difference between the Existing Order and a newly calculated support amount under the Guidelines and are presumed to be substantial and material under § 78B-12-210(8).

6. GUIDELINE RE-CALCULATION & PROPOSED SUPPORT

6.1 The parties’ current gross monthly incomes are:
• Petitioner: $[AMOUNT]
• Respondent: $[AMOUNT]

6.2 Applying the Guidelines (Sole/Joint physical custody worksheet selected), the presumptive monthly child support is $[CALCULATED AMOUNT]. A true and correct copy of the completed Child Support Worksheet is attached hereto as Exhibit A.

6.3 Petitioner requests that the Court modify the Existing Order to require [Payor] to pay $[NEW AMOUNT] per month, effective [EFFECTIVE DATE], plus statutory annual adjustments per § 78B-12-212.

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: Order [Party] to maintain health, hospital, and dental insurance for the Minor Child(ren) as is available at reasonable cost.

7.2 Uninsured Medical Expenses: Allocate non-covered expenses [___]% Petitioner / ___% Respondent, subject to 30-day reimbursement rule.

7.3 Income Tax Exemptions: Alternate/exclusively allocate per IRS rules as follows: [Specify schedule].

8. ENFORCEMENT MECHANISMS REQUESTED

8.1 Immediate Income Withholding: Issue an Immediate Income Withholding Order (IWO) pursuant to 42 U.S.C. § 666(b) and Utah Code Ann. § 62A-11-404.

8.2 Judgment Lien: Confirm that any arrears shall constitute a judgment lien by operation of law.

8.3 Contempt/Set-Off Remedies: Preserve the Court’s power to impose statutory penalties, including contempt sanctions, interception of state and federal tax refunds, and credit bureau reporting for non-compliance.

9. ATTORNEY FEES & COSTS

9.1 Pursuant to Utah Code Ann. § 30-3-3 and § 78B-12-310, Petitioner requests an award of reasonable attorney fees and costs incurred in bringing this Petition, payable within 30 days after entry of judgment.

10. GENERAL PROVISIONS

10.1 Continuing Jurisdiction: The Court retains exclusive jurisdiction over child support issues under Utah Code Ann. § 78B-12-112.

10.2 Future Modifications: Either party may petition for future modification upon meeting statutory thresholds.

10.3 Severability: If any provision herein is found unenforceable, the remainder shall continue in full force.

11. PRAYER FOR RELIEF

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

A. Finds a substantial material change in circumstances has occurred;
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; and
G. Grants any other relief the Court deems just and equitable.

12. VERIFICATION & SIGNATURE BLOCK

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Utah that the foregoing is true and correct to the best of my knowledge and belief.

DATED: [DATE]

__________________________________
[PETITIONER NAME], Petitioner

[Address]
[Phone]
[Email]

13. CERTIFICATE OF SERVICE

I certify that on [DATE], I caused a true and correct copy of this Petition (with all exhibits) to be served on [RESPONDENT NAME] at [SERVICE ADDRESS] by: ☐ Hand Delivery ☐ Certified Mail ☐ Email (stipulated) ☐ Utah e-filing.

__________________________________
[NAME], [Title]

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