Will ORS automatically adjust the child support withheld from my paycheck when my child support obligation changes?
The short answer to this question is no.
ORS will not automatically review your case unless asked to do so. To obtain ORS review, you must send ORS a written request to review your case.
The written request is made by filling out the ORS “Request for Review and Adjustment of Child Support Obligation” form, attaching to the form any evidence that you have in support of your child support adjustment request, and e-mailing the form to ORS at orswebcss@utah.gov
There are a few reasons for requesting a review and adjustment of child support, which are outlined in the applicable Utah Code section (Utah Code § 81-6-212) and ORS form. Some of these reasons include:
- a substantial and material change in circumstances bearing upon the issues of child support;
- an event outlined in decree of divorce or child support order that terminates your child support obligation such as:
o your child is 18 years old and or has graduated from high school or it is passed the expected high school graduation date (whichever comes last);
o your child got married;
o your child joined the U.S. Armed Forces;
o your child was ordered emancipated by an order of the court;
- It has been 3 years since the order was issued or modified (this does not require proof of a substantial change in circumstances);
- It has been less than 3 years since the order was issued or modified, but there has been a substantial;
- change in circumstances that is not a temporary change (expected to last less than 12 months);
- there has been a change in custody;
- custody of one or more or all of the children in the order has changed;
- the child support order is a deviated order;
- The current order was established before May 3, 2023 and there is no medical language in the order or insurance is available to the other parent and he/she is not ordered to maintain insurance;
- There has been a change in one parent’s ability to earn that will last longer than 12 months.
When you email the form to ORA, it would be wise to include in the body of the e-mail message to which you attach the completed form:
- your name
- your ORS case number
- your court or administrative case name and number
- a copy of the court order governing your child support obligation; and
- a brief description of the reasons why you are seeking adjustment and the facts underlying the claimed need for adjustment, including the effective date;
- evidence for the reason for your request such as:
o your child’s high school principal’s name, phone number, and e-mail address (to verify your child is graduating and has graduated);
o emancipation order (If your child was emancipated);
o a copy of your child’s marriage certificate (if your child got married);
o proof of your child’s employment in the armed forces;
Even if you do everything right, ORS can take up to 180 days to process your written request for a review (don’t be afraid to follow up with ORS before the 180 days expire, if you’re wondering how long it’s going to take—ORS won’t mind, if you are courteous with your inquiry).
If you know that a major change to your child support obligation is going to happen, being prepared and informing ORS ahead of time will go a long way to getting your case reviewed as soon as possible.
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