In my last post I mentioned the two ways that child support may be modified under Utah law. I also mentioned that a child support modification is retroactive to the date of service of the petition to modify. The new child support order then goes into effect the month following service on the parent whose support is affected.
This is provided for at U.C.A. §78B-12-112 (4) which states:
(4) A child or spousal support payment under a support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the obligee is the petitioner. If the tribunal orders that the support should be modified, the effective date of the modification shall be the month following service on the parent whose support is affected. Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any difference in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered.
See also Cox v. Cox, 2012 UT App 225 wherein the Court of Appeals found that U.C.A. §78B-212-112(4) mandates that if the Court orders the modification, the “effective date of the modification shall be the month following” service.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.