1. (1) The amount of prospective child support is equal to the amount granted by a prior child support order unless:

   1. (a) there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or
   2. (b) an adjustment is made as described in this section or Section 81-6-213.

2. (2) If the prior child support order contains a stipulated provision for the automatic adjustment for prospective child support, the prospective child support is the amount as stated in the order, without a showing of a substantial change of circumstances, if the stipulated provision:

   1. (a) is clear and unambiguous;
   2. (b) is self-executing;
   3. (c) provides for child support that equals or exceeds the base child support award required by the child support guidelines; and
   4. (d) does not allow a decrease in child support as a result of the obligor's voluntary reduction of income.

3. (3)

   1. (a) A parent, legal guardian, or the office may, at any time, petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances.
   2. (b) A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a).

   3. (c) For purposes of this Subsection (3)(a), a substantial change in circumstances may include:

      1. (i) material changes in custody;
      2. (ii) material changes in the relative wealth or assets of the parties;
      3. (iii) material changes of 30% or more in the income of a parent;
      4. (iv) material changes in the employment potential and ability of a parent to earn;
      5. (v) material changes in the medical needs of the child; or
      6. (vi) material changes in the legal responsibilities of either parent for the support of others.

4. (4) Upon receiving a petition under Subsection (3)(a), the court shall, taking into account the best interests of the child:

   1. (a) determine whether a substantial change has occurred;
   2. (b) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and

   3. (c) adjust the obligor's ordered support amount to that which is provided for in the child support guidelines if:

      1. (i) there is a difference of 15% or more; and
      2. (ii) the difference is not of a temporary nature.

5. (5)

   1. (a) If a child support order has not been issued or modified within the previous three years, a parent, legal guardian, or the office may move the court to adjust the amount of a child support order.

   2. (b) Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child:

      1. (i) determine whether there is a difference between the obligor's ordered support amount and the obligor's support amount that would be required under the child support guidelines; and

      2. (ii) if there is a difference as described in Subsection (5)(b)(i), adjust the obligor's ordered support amount to the obligor's support amount provided in the child support guidelines if:

         1. (A) the difference is 10% or more;
         2. (B) the difference is not of a temporary nature; and
         3. (C) the order adjusting the obligor's ordered support amount does not deviate from the child support guidelines.
   3. (c) A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).

Enacted by Chapter 366, 2024 General Session