78B-12-210 - Application of guidelines -- Use of ordered child support.
78B-12-210. Application of guidelines -- Use of ordered child support.
(1) The guidelines in this chapter apply to any judicial or administrative orderestablishing or modifying an award of child support entered on or after July 1, 1989.
(2) (a) The guidelines shall be applied as a rebuttable presumption in establishing ormodifying the amount of temporary or permanent child support.
(b) The rebuttable presumption means the provisions and considerations required by theguidelines, the award amounts resulting from the application of the guidelines, and the use ofworksheets consistent with these guidelines are presumed to be correct, unless rebutted under theprovisions of this section.
(3) A written finding or specific finding on the record supporting the conclusion thatcomplying with a provision of the guidelines or ordering an award amount resulting from use ofthe guidelines would be unjust, inappropriate, or not in the best interest of a child in a particularcase is sufficient to rebut the presumption in that case. If an order rebuts the presumptionthrough findings, it is considered a deviated order.
(4) The following shall be considered deviations from the guidelines, if:
(a) the order includes a written finding that it is a deviation from the guidelines;
(b) the guidelines worksheet has:
(i) the box checked for a deviation; and
(ii) an explanation as to the reason; or
(c) the deviation is made because there were more children than provided for in theguidelines table.
(5) If the amount in the order and the amount on the guidelines worksheet differ by $10or more:
(a) the order is considered deviated; and
(b) the incomes listed on the worksheet may not be used in adjusting support foremancipation.
(6) (a) Natural or adoptive children of either parent who live in the home of that parentand are not children in common to both parties may at the option of either party be taken intoaccount under the guidelines in setting or modifying a child support award, as provided inSubsection (7). Credit may not be given if:
(i) by giving credit to the obligor, children for whom a prior support order exists wouldhave their child support reduced; or
(ii) by giving credit to the obligee for a present family, the obligation of the obligorwould increase.
(b) Additional worksheets shall be prepared that compute the obligations of therespective parents for the additional children. The obligations shall then be subtracted from theappropriate parent's income before determining the award in the instant case.
(7) In a proceeding to adjust or modify an existing award, consideration of natural oradoptive children born after entry of the order and who are not in common to both parties may beapplied to mitigate an increase in the award but may not be applied:
(a) for the benefit of the obligee if the credit would increase the support obligation of theobligor from the most recent order; or
(b) for the benefit of the obligor if the amount of support received by the obligee wouldbe decreased from the most recent order.
(8) (a) If a child support order has not been issued or modified within the previous three
years, a parent, legal guardian, or the office may move the court to adjust the amount of a childsupport order.
(b) Upon receiving a motion under Subsection (8)(a), the court shall, taking into accountthe best interests of the child:
(i) determine whether there is a difference between the payor's ordered support amountand the payor's support amount that would be required under the guidelines; and
(ii) if there is a difference as described in Subsection (8)(b)(i), adjust the payor's orderedsupport amount to the payor's support amount provided in the guidelines if:
(A) the difference is 10% or more;
(B) the difference is not of a temporary nature; and
(C) the order adjusting the payor's ordered support amount does not deviate from theguidelines.
(c) A showing of a substantial change in circumstances is not necessary for anadjustment under this Subsection (8).
(9) (a) A parent, legal guardian, or the office may at any time petition the court to adjustthe amount of a child support order if there has been a substantial change in circumstances. Achange in the base combined child support obligation table set forth in Section 78B-12-301 is nota substantial change in circumstances for the purposes of this Subsection (9).
(b) For purposes of this Subsection (9), a substantial change in circumstances mayinclude:
(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 employment potential and ability of a parent to earn;
(v) material changes in the medical needs of the child; or
(vi) material changes in the legal responsibilities of either parent for the support ofothers.
(c) Upon receiving a petition under Subsection (9)(a), the court shall, taking into accountthe best interests of the child:
(i) determine whether a substantial change has occurred;
(ii) if a substantial change has occurred, determine whether the change results in adifference of 15% or more between the payor's ordered support amount and the payor's supportamount that would be required under the guidelines; and
(iii) adjust the payor's ordered support amount to that which is provided for in theguidelines if:
(A) there is a difference of 15% or more; and
(B) the difference is not of a temporary nature.
(10) Notice of the opportunity to adjust a support order under Subsections (8) and (9)shall be included in each child support order.
Renumbered and Amended by Chapter 3, 2008 General Session