Utah § 26B-9-220 Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.

Utah Statutes

§ 26B-9-220 — Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.

Utah·Title 26B Utah Health and Human Services Code·Ch. 26B-9 Recovery Services and Administration of Child Support·Part 26B-9-2 Child Support Services

(1)If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if:

(1)(a) requested by a parent or legal guardian involved in a case receiving IV-D services; or

(1)(b) there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.

(2)(2)(a) If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines.

(2)(b) If there is such a difference and the difference is not of a temporary nature, the office shall:

(2)(b)(i) with respect to a child s

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(1) If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if:
(1)(a) requested by a parent or legal guardian involved in a case receiving IV-D services; or
(1)(b) there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.
(2) (2)(a) If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines.
(2)(b) If there is such a difference and the difference is not of a temporary nature, the office shall:
(2)(b)(i) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the child support guidelines; or
(2)(b)(ii) with respect to a child support order issued or modified by a court, file the appropriate pleading with the court to adjust the amount to that which is provided for in the child support guidelines.
(3) The office may use automated methods to:
(3)(a) collect information and conduct reviews under Subsection (2); and
(3)(b) identify child support orders in which there is a difference of 10% or more between the amount of child support ordered and the amount that would be required under the child support guidelines for review under Subsection (1)(b).
(4) (4)(a) A parent or legal guardian who requests a review under Subsection (1)(a) shall provide notice of the request to the other parent within five days and in accordance with Section 26B-9-207.
(4)(b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall provide notice to the parties of:
(4)(b)(i) a proposed adjustment under Subsection (2)(b)(i); or
(4)(b)(ii) a proposed pleading to be filed in court under Subsection (2)(b)(ii).
(5) (5)(a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal guardian may respond to a request for review filed with the office.
(5)(b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
(6) A showing of a substantial change in circumstances is not necessary for an adjustment under this section.

Utah § 26B-9-220 (Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.