“The Only Thing That Is Constant Is Change”
The ancient Greek philosopher, Heraclitus, could not have been more right, particularly when it comes to the financial circumstances and custody issues of divorced parents. Change is inevitable. And because future changes cannot always be anticipated and accounted for in the divorce decree, parties must be able to modify that court order.
Utah law recognizes that some changes merit a court-ordered modification while others do not. In Utah, a petition to modify must be based on a substantial and material change of circumstances not foreseeable at the time of the entry of the decree. In other words, it must be a big change. And it must be a change that directly affects your rights or obligations under the decree or the well-being of your children. For example, a long-term reduction of income for an alimony or child support payor would typically suffice for a modification. In the case of child custody, a substantial drop in grades, severe behavioral problems, abusive or neglectful parenting, or significant deviations from parent-time schedules may be cause for a modification.
Notwithstanding these legal requirements, parties can achieve a modification of the divorce decree even if their alleged changes would not be considered substantial by the judge. In a mandatory pre-trial mediation, the parties will often agree to modify the decree.
Three other important considerations when filing a petition to modify: First, don’t delay. For example, if the modification will result in getting more child support or alimony, the court cannot order that additional support for any time period before you filed the modification petition.
Second, modifications are generally best suited for long-term changes. The court won’t make quick temporary orders on a petition to modify unless a party alleges that immediate harm to the children will occur without such orders.
Third, parties must be careful when they communicate with each other. Commitments via text (or any other app) can come back to bite you, as the Court may find you agreed to something that you did not intend. To avoid this, be extremely clear, do not over-commit simply to avoid conflict, and carefully document all communications about post-divorce custody and financial matters.
Most of the above considerations apply equally to custody orders. Parties should consider if the divorce decree or custody order fits their current situation OR if they should modify it. We can help them make that determination.
Call Millar Legal
I help people protect and enforce their rights in divorce, custody, paternity, enforcement, and modification proceedings. If you or someone you know needs help with a case, please call 801-424-5280 to schedule a consultation, or use our online scheduling tool.
