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Child Support Modification Lawyers in Salt Lake County

Adjust Your Child Support Award or Obligation

Child support orders can be later modified if circumstances have changed. A Utah judge may modify the existing order to bring the amount of child support in line with changes in the situation.

For example, if one parent’s income has significantly increased or decreased, the court may find it appropriate to adjust the amount of child support. You may have multiple reasons why you need to seek a modification to increase or decrease the child support amount.

Our experienced Salt Lake County child support modification lawyers at Eric M. Swinyard & Associates, PLLC in Draper can guide you through the process of legally pursuing a modification and ensure that your rights are fully protected throughout the process.

Contact us online or call (801) 515-4133 to request an initial consultation.

Reasons to Modify Child Support

To successfully modify a child support order, you need to prove to a judge that a substantial change of circumstances has occurred since the time that the original order was issued. The change may be either temporary or permanent.

The court may grant a child support modification if:

  • There has been a significant increase in the income of the parent who pays the child support (normally 10% or more).
  • There has been a significant decrease in the income of the parent who receives the child support (normally 10% or more).
  • The parent receiving child support involuntarily loses his or her job.
  • The needs of the child have increased significantly, resulting in increased educational, medical, or other expenses.
  • One of the two parents is experiencing hardship due to disability, illness, or temporary financial problem.
  • An increase in the cost of living is impacting one parent’s financial condition.
  • One of the parents has remarried.

How to Modify Child Support

One of two approaches can be used to request a modification of child support from the Utah court. You can either file a Motion to Modify Child Support or file a Petition to Modify Child Support. There are limited circumstances under which the Utah court permits filing a Motion for the modification. Therefore, in the majority of cases, you’ll need to file a Petition.

To succeed with a motion for modification of child support:

  • The child support order must have been issued at least three years ago.
  • There must be a difference of at least 10% between the requested amount and the amount originally ordered.
  • The change in the amount of the modified support must not be temporary.
  • The proposed modified amount must be consistent with Utah state guidelines.
  • The current order—including the Decree of Divorce, Decree of Paternity, and Decree of Child Support and Parent Time—must not have already been modified within the past three years.

When Can Child Support Be Modified Utah?

According to Utah Code Section 78B-12-219, a child support order can be modified by a petition any time as long as:

  • The child is at least 18 years old or independent
  • There is a change in availability, coverage, or the possibility of the cost of health care insurance.

See the Utah Code Section 78B-12-2109 for additional information.

If all the conditions required to succeed with a motion for modification of child support are not met, then the appropriate alternative is to file a petition for modification of child support.

A petition for modification can also be used to modify an existing child support order that was entered within the past three years if there has been a sufficient change to any one of the following conditions:

  • Custody of the child
  • One of the parent’s assets or wealth in relation to the other parent
  • A change of 30% or more in one of the parent’s income
  • One of the parent’s employment
  • One of the parents’ earning potential
  • The medical needs of the child
  • One of the parent’s legal responsibilities for the financial support of other people
  • Childcare expenses due to work or education
  • The child’s emancipation

With either approach – motion or petition – you are required to serve the other parent with the appropriate documentation and to do so by the means authorized per the Utah Rules of Civil Procedure (URCP).

Calculation of Child Support

An established formula is used to calculate child support. A Child Support Worksheet and interactive child support calculator is available to help users determine child support amounts. Calculations vary depending upon custody arrangements. Using the correct forms and entering all of the correct factors.

What to Do If Your Child Support Order Is from Another State

The Utah court must have jurisdiction in order to legally modify a child support order. If the existing order was entered by a court outside the state of Utah, or if the parents or child live outside the state, be sure you confirm which court has jurisdiction in your case.

Consult with Eric M. Swinyard & Associates, PLLC Today

We understand how difficult it can be for our clients navigating tough family matters and child support issues. We also know how important it is for our clients to have the benefit of a professional legal team ensuring that their rights are protected every step of the way. Our child support modification attorneys in are here to help in Salt Lake County and Utah County.

Call us at (801) 515-4133 or contact us online today.


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Meet Our Team

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  • Eric M. Swinyard Photo
    Eric M. Swinyard

    Founding Attorney

    Eric M. Swinyard is a divorce and family law attorney who serves clients throughout the State of Utah. Eric’s practice is primarily focused on providing personalized, high-quality legal services to individuals involved in divorces, paternity actions, adoptions, estate planning, and other family law matters. It’s incredibly easy to be taken advantage of during litigation, especially if you are unrepresented by legal counsel. Protect Your Rights You don’t want to be in a situation where you need ...
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    Ryan Ficklin


    Ryan Ficklin is an associate attorney at Eric M. Swinyard & Associates, PLLC. Prior to practicing law in Utah, Ryan practiced family law in Southern California. In 2017, Ryan relocated back to his home state of Utah to focus on serving the people of Utah who need legal representation, particularly in the family law realm. Ryan graduated with honors from California’s Whittier Law School in May of 2015. While in law school, Ryan was a staff member for The Journal of Child and Family Advocacy. Ryan ...
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    Keith L. Johnson


    Keith joined Eric M. Swinyard & Associates in Fall 2020, bringing more than a decade of experience as a trial attorney in various types of legal cases. He has successfully guided hundreds of individuals through Utah’s court system. Keith previously worked at an established civil litigation firm in Salt Lake as well as a mid-sized regional law firm. He has substantive experience in a variety of practice areas and is now primarily devoted to serving individuals involved in family law cases. Keith ...
  • Mark  Hales Photo
    Mark Hales


    Mark Hales has over 17 years of legal experience in the areas of family, criminal, and civil law. He handles all types of domestic matters, including custody, divorce, child support, alimony, annulment, termination of parental rights, paternity, modifications, and adoptions. In addition, he defends clients charged with domestic violence and abuse, stalking, violations of protective orders, and other and criminal charges. Mark is a certified mediator for all legal matters and is also a certified ...
  • Justin  Stringfellow Photo
    Justin Stringfellow


    Justin Stringfellow has practiced family law in Utah for 20 years, bringing a wealth of experience to Eric Swinyard & Associates in areas such as divorce, custody, paternity, modifications, child support, and adoption proceedings. In the early years of his career, Justin appeared on an estimated 1,500 Protective Order matters. He is an expert in dealing with abuse and domestic violence components in family law matters. As such, he was distinguished by Utah's Domestic Violence Coalition. Justin ...
  • Eliza  Crespo Photo
    Eliza Crespo


    Eliza Crespo is an associate attorney at Eric Swinyard & Associates. Prior to joining the firm, Eliza practiced estate planning in Utah. Eliza offers a fresh set of eyes to difficult situations and is passionate about providing excellent and compassionate legal services to her clients. Through personal experience, she appreciates the impact of a listening ear and an effective advocate, especially during times of challenge or transition. Eliza obtained her bachelor’s degree and law degree from ...

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