Determination of amount of support -- Rebuttable guidelines.

Checkout our iOS App for a better way to browser and research.


  • (1)
    • (a) Prospective support shall be equal to the amount granted by prior court order unless there has been a substantial change of circumstance on the part of the obligor or obligee or adjustment under Subsection 78B-12-210(6) has been made.
    • (b) If the prior court order contains a stipulated provision for the automatic adjustment for 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 required by the guidelines; and
      • (iv) does not allow a decrease in support as a result of the obligor's voluntary reduction of income.
  • (2) If no prior court order exists, a substantial change in circumstances has occurred, or a petition to modify an order under Subsection 78B-12-210(6) has been filed, the court determining the amount of prospective support shall require each party to file a proposed award of child support using the guidelines before an order awarding child support or modifying an existing award may be granted.
  • (3) If the court finds sufficient evidence to rebut the guidelines, the court shall establish support 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 the adult 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 arrearages based upon the guidelines described in this chapter.




Download our app to see the most-to-date content.