Legal Question in Family Law in Utah

I have orders to pay child support for an amount significantly higher than the child support calculation. In mediation, I agreed to pay more and in exchange for additional overnights. Our divorce decree equates to 159 overnights, but my wife believes I have only 129. There is no mention of this agreement in our divorce decree. The attached child support worksheet does not specify the reason for the deviation in child support nor does the worksheet indicate there is a deviation.

In three years, I would like to file a motion to modify child support. Utah Code 78B-12-210 leads me to believe this is possible because 1) the difference is more than 10%, 2) the difference is not of temporary nature, and 3) the order adjusting the ordered support amount will not deviate from child support guidelines.

I'm concerned the current child support agreement would be considered a deviation from child support guidelines and therefore I wouldn't be able have the amount modified because there was an inferred agreement.

Can you explain how my situation or what other circumstances would affect my ability to have child support modified? What actions, evidence, information would be important to track over the course of three years?


Asked on 10/11/10, 3:06 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Unless your decree provides there is deviation from the guidelines for some particular reason, you would be able to modify the child support order based on the changed circumstances. Also, you may not have to wait three years depending on how significant of a change there will be.

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Answered on 10/17/10, 7:11 am


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