81-6-212. Modification of child support order -- Adjustment of child support.
(1) The amount of prospective child support is equal to the amount granted by a prior child support order unless: there is a substantial change of circumstances on the part of the obligor or obligee as described in this section; or an adjustment is made as described in this section or Section. 81-6-213
(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: is clear and unambiguous; is self-executing; provides for child support that equals or exceeds the base child support award required by the child support guidelines; and does not allow a decrease in child support as a result of the obligor's voluntary reduction of income.
(3) 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. A change in the child support tables is not a substantial change in circumstances for the purposes of Subsection (3)(a). For purposes of this Subsection (3)(a), a substantial change in circumstances may include: material changes in custody; material changes in the relative wealth or assets of the parties; material changes of 30% or more in the income of a parent; material changes in the employment potential and ability of a parent to earn; material changes in the medical needs of the child; or material changes in the legal responsibilities of either parent for the support of others.
(4) Upon receiving a petition under Subsection (3)(a), the court shall, taking into account the best interests of the child: determine whether a substantial change has occurred; 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 adjust the obligor's ordered support amount to that which is provided for in the child support guidelines if: there is a difference of 15% or more; and the difference is not of a temporary nature.
(5) 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. Upon receiving a motion under Subsection (5)(a), the court shall, taking into account the best interests of the child: 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 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: the difference is 10% or more; the difference is not of a temporary nature; and the order adjusting the obligor's ordered support amount does not deviate from the child support guidelines. A showing of a substantial change in circumstances is not necessary for an adjustment under this Subsection (5).