What standard applies when modifying parent-time in Utah custody orders? Corn v. Groce Explained

The Utah Court of Appeals in Corn v. Groce clarified the standards for modifying parent-time schedules and calculating income for self-employed parents in child support proceedings. This case provides important guidance on when courts will allow a “lesser showing” of changed circumstances.

Background and Facts

Father and Mother divorced and initially agreed to joint physical custody with Father exercising parent-time four overnights during a two-week period. After Father moved out of state, the parties entered a 2019 stipulation increasing Father’s parent-time to five overnights upon his return to Utah. In 2020, Father petitioned to modify custody, seeking significant changes including sole physical custody or substantially increased parent-time. At trial, Father modified his request to seek only parent-time changes rather than custody modifications.

Key Legal Issues

The case addressed two primary issues: (1) whether Father met the material and substantial change in circumstances standard for modifying parent-time, and (2) whether the court properly calculated Mother’s net income for child support purposes by allowing business expense deductions.

Court’s Analysis and Holding

The court of appeals affirmed both rulings. Regarding parent-time modification, the court explained that Utah Code section 30-3-10.4 requires a material and substantial change in circumstances for all custody modifications, including parent-time changes. While courts may allow a “lesser showing” in certain circumstances—such as when modifying parent-time rather than custody, or when modifying stipulated rather than adjudicated orders—Father failed to meet even this reduced standard. The district court properly found that the 2020 order reflected “robustly contested litigation” despite being technically stipulated, and Father’s alleged changes either lacked evidentiary support or had already been considered in the existing order.

Regarding child support, the court held that Mother properly established her business expenses through her financial declaration, tax return, and trial testimony. As a self-employed realtor, Mother bore the burden of proving her business expenses were necessary to allow the business to operate at a reasonable level, which she satisfied with uncontested evidence.

Practice Implications

This decision reinforces that even “lesser showing” standards for parent-time modifications require substantial evidence of changed circumstances. Practitioners should carefully document the procedural history of custody orders, as courts will examine whether stipulated agreements resulted from contested litigation. For self-employed clients, maintaining detailed records of business expenses and their necessity is crucial for child support calculations.