78B-12-202 - Determination of amount of support -- Rebuttable guidelines. - Utah Statutes

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78B-12-202. Determination of amount of support -- Rebuttable guidelines.
(1) (a) Prospective support shall be equal to the amount granted by prior court orderunless there has been a substantial change of circumstance on the part of the obligor or obligee oradjustment under Subsection 78B-12-210(6) has been made.
(b) If the prior court order contains a stipulated provision for the automatic adjustmentfor prospective support, the prospective support shall be the amount as stated in the order,without a showing of a material change of circumstances, if the stipulated provision:
(i) is clear and unambiguous;
(ii) is self-executing;
(iii) provides for support which equals or exceeds the base child support award requiredby the guidelines; and
(iv) does not allow a decrease in support as a result of the obligor's voluntary reductionof income.
(2) If no prior court order exists, a substantial change in circumstances has occurred, or apetition to modify an order under Subsection 78B-12-210(6) has been filed, the courtdetermining the amount of prospective support shall require each party to file a proposed awardof child support using the guidelines before an order awarding child support or modifying anexisting award may be granted.
(3) If the court finds sufficient evidence to rebut the guidelines, the court shall establishsupport after considering all relevant factors, including but not limited to:
(a) the standard of living and situation of the parties;
(b) the relative wealth and income of the parties;
(c) the ability of the obligor to earn;
(d) the ability of the obligee to earn;
(e) the ability of an incapacitated adult child to earn, or other benefits received by theadult child or on the adult child's behalf including Supplemental Security Income;
(f) the needs of the obligee, the obligor, and the child;
(g) the ages of the parties; and
(h) the responsibilities of the obligor and the obligee for the support of others.
(4) When no prior court order exists, the court shall determine and assess all arrearagesbased upon the guidelines described in this chapter.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-12 > 78b-12-202

78B-12-202. Determination of amount of support -- Rebuttable guidelines.
(1) (a) Prospective support shall be equal to the amount granted by prior court orderunless there has been a substantial change of circumstance on the part of the obligor or obligee oradjustment under Subsection 78B-12-210(6) has been made.
(b) If the prior court order contains a stipulated provision for the automatic adjustmentfor prospective support, the prospective support shall be the amount as stated in the order,without a showing of a material change of circumstances, if the stipulated provision:
(i) is clear and unambiguous;
(ii) is self-executing;
(iii) provides for support which equals or exceeds the base child support award requiredby the guidelines; and
(iv) does not allow a decrease in support as a result of the obligor's voluntary reductionof income.
(2) If no prior court order exists, a substantial change in circumstances has occurred, or apetition to modify an order under Subsection 78B-12-210(6) has been filed, the courtdetermining the amount of prospective support shall require each party to file a proposed awardof child support using the guidelines before an order awarding child support or modifying anexisting award may be granted.
(3) If the court finds sufficient evidence to rebut the guidelines, the court shall establishsupport after considering all relevant factors, including but not limited to:
(a) the standard of living and situation of the parties;
(b) the relative wealth and income of the parties;
(c) the ability of the obligor to earn;
(d) the ability of the obligee to earn;
(e) the ability of an incapacitated adult child to earn, or other benefits received by theadult child or on the adult child's behalf including Supplemental Security Income;
(f) the needs of the obligee, the obligor, and the child;
(g) the ages of the parties; and
(h) the responsibilities of the obligor and the obligee for the support of others.
(4) When no prior court order exists, the court shall determine and assess all arrearagesbased upon the guidelines described in this chapter.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-12 > 78b-12-202

78B-12-202. Determination of amount of support -- Rebuttable guidelines.
(1) (a) Prospective support shall be equal to the amount granted by prior court orderunless there has been a substantial change of circumstance on the part of the obligor or obligee oradjustment under Subsection 78B-12-210(6) has been made.
(b) If the prior court order contains a stipulated provision for the automatic adjustmentfor prospective support, the prospective support shall be the amount as stated in the order,without a showing of a material change of circumstances, if the stipulated provision:
(i) is clear and unambiguous;
(ii) is self-executing;
(iii) provides for support which equals or exceeds the base child support award requiredby the guidelines; and
(iv) does not allow a decrease in support as a result of the obligor's voluntary reductionof income.
(2) If no prior court order exists, a substantial change in circumstances has occurred, or apetition to modify an order under Subsection 78B-12-210(6) has been filed, the courtdetermining the amount of prospective support shall require each party to file a proposed awardof child support using the guidelines before an order awarding child support or modifying anexisting award may be granted.
(3) If the court finds sufficient evidence to rebut the guidelines, the court shall establishsupport after considering all relevant factors, including but not limited to:
(a) the standard of living and situation of the parties;
(b) the relative wealth and income of the parties;
(c) the ability of the obligor to earn;
(d) the ability of the obligee to earn;
(e) the ability of an incapacitated adult child to earn, or other benefits received by theadult child or on the adult child's behalf including Supplemental Security Income;
(f) the needs of the obligee, the obligor, and the child;
(g) the ages of the parties; and
(h) the responsibilities of the obligor and the obligee for the support of others.
(4) When no prior court order exists, the court shall determine and assess all arrearagesbased upon the guidelines described in this chapter.

Renumbered and Amended by Chapter 3, 2008 General Session