Post-Divorce Modifications
Unlike most court orders, divorce decrees are not meant to stay the same forever. Rather, as significant life changes occur, divorce decrees can be modified so they are fair to the parties and their children. The most common areas that are modified are child support, custody, and alimony.
The following life changes may qualify as substantial changes of circumstances sufficient to change one or more of these areas:
- Decrease in income
- Loss of job
- Moving away from Utah
- Remarriage
- Abuse or Neglect
If you and your ex-spouse have arrived at an agreement to modify, that agreement needs to be approved by the Court for your protection. If the amicable approach hasn’t generated an agreement from your ex-spouse, then a petition or motion to modify may be necessary. Special paperwork must be completed in order to modify an out-of-state decree.
Child Support Modification
Child support modification is generally only allowed if there has been (1) at least a 30% change in the income of one of the parents and that change is permanent; (2) it has been more than 3 years since the entry of the divorce decree and a new child support order, based on current incomes, would result in a change of 10% or more in the amount required to be paid; OR (3) changes in custody.
Custody Modification
To modify custody orders, the change usually has to occur in the custodial home of the children. For example, a court may consider modifying custody if a custodial parent remarries because there is a new parent figure in the custodial home. If the non-custodial parent remarries, however, the court would be unlikely to allow a modification of custody.
In addition to remarriage, other grounds for modification of custody are:
Abuse or neglect
Criminal Conviction
Moving
Inability of children to adapt
Children getting old enough (14) to make decisions
Determining whether or not an event qualifies as grounds for modification requires an attorney familiar with Utah modification laws. The attorneys at Millar Legal will assist you in making these determinations and advise you on the best legal approach for your situation.
Alimony Modification
While alimony modification is less common, the court may consider an alimony modification because of substantial material changes in circumstances not foreseeable at the time of the divorce, including: cohabitation or remarriage, an involuntary change in jobs, a severe medical illness, or other significant financial event.
Seeking Legal Assistance
Hiring a family law attorney gives you the best chance to obtaining a divorce modification. Our attorneys are experienced in helping people just like you to modify their divorce agreements to better reflect their current situations and provide relief to people who have difficulty meeting their divorce agreement obligations due to changes in their circumstances. Please call Millar Legal at (801) 424-5280 and let us assist you in pursuing or defending against a modification.