QUESTION

What do I need to do to adjust the automatic child support being deducted from my pay?

Asked on Sep 09th, 2014 on Child Custody - Utah
More details to this question:
My daughter has graduated from high school and will turn 18 next month. I also pay for my youngest daughter. Do I need to file a petition for a modification or will it automatically adjust? If I need to file, can I do this early, or do I need to wait until after her 18th birthday?
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1 ANSWER

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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This is an excellent question. First, it depends upon what your decree of divorce provides. There are statutory provisions for how child support adjusts, but if you and your ex have agreed upon a child support order that is different from the guidelines in the Utah Code, your decree will control, and not the provisions of the Utah Code. Let me give you an example: if you have three children and you and your ex agreed that child support would continue until each of your children reach the age of 21, then you would not be able to adjust child support when the oldest of your three children turned 18 because in your decree child support lasts for each child until the age of 21. But if you and your ex did not make any special provisions for child support that were any different from the guidelines in the Utah Code, then here are the terms upon wihch child support adjusts when a child reaches the age of majority or otherwise emancipates (a minor who is "emancipated" assumes most adult responsibilities before reaching the age of majority, i.e., 18 years old; emancipated minors are no longer considered to be under the care and control of parents instead, they take responsibility for their own care). When I inquired with the Office of Recovery Services (ORS) about how child support is automatically adjusted, here is what the ORS agent who spoke to me told me: ORS keeps records of the ages of the children who are the subject of the child support order. ORS makes a note in its records to terminate child support either when the child turns 18 or if the child turns 18 before graduating from high school, as a policy to terminate child support at the time of graduation. In the state of Utah, it is presumed that most children who graduate from high school will graduate by the end of May, so ORS's default policy is to terminate child support at the end of May. If you have a child in a high school with an earlier or later graduation date, you will need to notify ORS of this fact; otherwise ORS will default to terminating child support for an 18-year-old child after the month of May following the child's 18th birthday. When I asked the ORS agent how you prove that a child's graduation date is earlier or later than the end of May, I was pleasantly surprised to learn that any reasonable evidence will be considered. A graduation announcement, a letter from the high school about ordering your And down for graduation on X date that is the kind of evidence ORS wants to see, and as long as the other parent doesn't object or send some contradictory evidence to ORS, once ORS has what it deems sufficient evidence to establish the correct graduation date/date at which child support terminates, ORS will use that date. If a child: 1) becomes 18 years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later; or 2) dies, marries, becomes a member of the armed forces of the United States; or 3) is emancipated by a court order in a petitionon for emancipation action in Juvenile Court, then the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support. (See 78B-12-219. Adjustment when child becomes emancipated.) If: the incomes of the parties are not specified in the most recent order or the child support worksheets; the information regarding the incomes is not consistent; or the order deviates from the guidelines, then automatic adjustment of the order does not apply and the order will continue until modified by the court or ORS, depending upon which one issued the original child support order. (See 78B-12-219(3)) Review and Adjustment of Support Amounts Under Federal and State law, you have the right to request a review of your child support order. A private attorney can assist you with the review or the Office of Recovery Services/Child Support Services (ORS/CSS) can conduct a re
Answered on Sep 12th, 2014 at 8:18 PM

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