This page includes information and forms for modifying child support in an existing divorce, custody or parentage order. If your order is from another state or the child or parents live outside of Utah, see the Out of State Issues section below.
The forms on this page are only about modifying child support. You might need to modify other aspects of your final order. If you need to:
If you need to modify your divorce decree for something not related to children, see our page on Modification of a Divorce Decree.
You can only change the amount of child support if the difference in the currently ordered child support amount and the proposed child support amount is at least 10%. You can use the child support calculator to help you determine the new amount.
The change cannot be temporary. Temporary means that the change is expected to last less than one year.
Be sure to use the correct forms. Read this section carefully!
There are two ways to ask the court to change child support – a Motion to Adjust and a Petition to Modify. A motion is simpler and usually faster, but can only be used in limited circumstances. Usually, you must file a petition. The documents and procedures are different. Be sure to use the correct forms in the Forms section below.
A child support order can be adjusted by motion if it has been three or more years since the order was entered and:
See Utah Code Section 81-6-212(5). If any of these things is missing from your case, you must file a Petition to Modify Child Support.
A child support order can be modified by petition, but there are limitations. The requirements depend on whether it has been at least three years since the order was entered.
If it has been three or more years since the order was entered:
The change cannot be temporary.
See Utah Code Section 81-6-212(5).
If it has been less than three years since the order was entered, there must be at least a 15% difference between the support amount currently ordered and the proposed support amount required under the guidelines. You must also show that there has been a material change:
The change cannot be temporary.
See Utah Code Section 81-6-212(3) and (4).
A child support order can also be modified by petition at any time if:
Either party can request a modification. The party asking for the modification files the forms in the Forms section below.
No matter who is asking for the modification, whoever was the petitioner in the original case is still the petitioner, and whoever was the respondent in the original case is still the respondent.
When a petition to modify is filed, the court will automatically issue an order called a Domestic Relations Injunction. The injunction is a court order requiring parties not to harass one another, change insurance or beneficiary coverage, transfer property or make non-routine travel with the parties' minor children while the case is pending. There are additional prohibitions in the injunction. Be sure to read it carefully.
The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information.
The party asking for the modification must file the documents in the same court that issued the decree. The documents will use the same case number as the decree. For information about how to file documents, see the Filing Procedures web page.
The party asking for the modification must pay a filing fee when they file the papers with the court. If they cannot afford the fees they can ask the judge to waive them. For more information, see the Fees and Fee Waiver web page.
The party asking for the modification must have the other party served with the petition to modify, summons, and other documents no later than 120 days after the petition is filed. The documents must be served by one of the methods described in Utah Rule of Civil Procedure 4(d). The party asking for the modification must provide proof of service once service has been completed. For more information about service, see the Serving Papers web page.
The other party has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the petition to modify if they disagree with anything stated in the petition. For more information, see the Answering a Complaint or Petition web page.
|
If the other party… |
Then… |
|---|---|
Files an answer |
The court will schedule a case management conference. This is a hearing to schedule important dates in your case. This can include dates for:
There could be other things to schedule – it depends on how complicated your case is. |
Agrees with everything asked for in the petition before it is filed, or the parties come to an agreement after it is filed. |
See the Stipulation section below. |
Does not file an answer |
If the other party has been properly served and does not file an answer within the time specified in the Summons, the party asking for the modification may ask for a default judgment. This means the party asking for the modification gets what they have asked for, and the other party won't have a chance to tell their side of the story. For more information and forms, see the Default Judgments web page. |
A "stipulation" is a written agreement that shows the parties agree about everything requested in the Petition to Modify.
The parties can agree on everything in the Petition to Modify before it is filed. In that case, they can file a stipulated petition.
If you are using the forms provided on this web page:
The parties might come to an agreement after the Petition is filed because the parties mediated or had some other negotiation.
If you are using the forms provided on this web page:
The process for a motion to adjust child support is simpler than the process for a petition to modify child support. The party requesting the change files the motion and has the other party served. Service is required under URCP 4. For more information about service, see the Serving Papers web page.
Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.
If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.
Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.
No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.
No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
Aftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.
File both the motion and the Notice of Hearing with the court.
If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and attend the hearing
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.
If you need help with the order, read about orders below.
The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | Serve at least 28 days before the hearing |
| Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Reply Memorandum Supporting the Motion | Moving party | At least 7 days before the hearing |
| Counter Motion Documents | Who Files | Time to File and Serve |
| Counter Motion (must be served with Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Memorandum Opposing the Counter Motion | Original moving party | At least 7 days before the hearing |
| Reply Memorandum Supporting the Counter Motion | Responding party | At least 3 business days before the hearing |
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
File your motion with the court.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below.
The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.
The chart below has more information when papers should be filed.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | |
| Memorandum Opposing the Motion | Responding party | Within 14 days after the the moving party files and serves the motion |
| Reply Memorandum Supporting Motion | Moving party | Within 7 days after the responding party files and serves the Memorandum Opposing the Motion |
| Request to Submit for Decision | Moving party | After the last document in this list is filed, or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion |
Utah law establishes Child Support Guidelines to calculate a parent's child support obligation. You can use the Child Support Calculator to calculate child support under the guidelines. Be sure to allow pop-ups in your web browser.
The court can order a different amount if one or both of the parties asks for a different amount and shows good reasons for the amount requested. For more information about child support see Child Support web page.
A party who fails to answer or otherwise appear after being served with the petition and summons is in default and will lose. A judgment against a non-appearing party is called a default judgment. For more information and forms, see our webpage on Default Judgments.
A Utah court must have jurisdiction (power) to modify child support. Utah might not have jurisdiction if:
Before spending the time and money to modify child support in a Utah court, make sure that Utah has jurisdiction. See the Support Modification Jurisdiction Chart for more information.
An order from another country or another state is called a "foreign order." A Utah court can modify a child support order from another state if it has jurisdiction. First, the foreign order must be registered and confirmed as a judgment of Utah. See the Registering a Foreign Child Custody or Child Support Order web page for more information and forms.
After a Utah court modifies a foreign order, the party filing the Petition or Motion to Modify must notify the court of the state that entered the order and every court in which the order has been registered.
Information about filing documents in existing cases by email
Required forms for the moving party
Optional forms for the moving party
Required forms for the opposing party
Optional forms for the opposing party
Required forms for the moving party
Required forms for the opposing party
Optional forms for the opposing party
See the Default Judgment web page for information and forms.
See the Getting Ready for Trial web page for information and forms.
