Is It Possible To Modify The Terms Of A Divorce?
Utah family law modifications are possible. If there has been a “material and substantial change in circumstances” since the time of your divorce, you may be able to obtain a formal modification to the terms of your final decree of divorce. This is possible by filing a petition to modify in the family law court. If you need to request a post-decree modification to handle a court order that is making your life difficult, contact us at the Law Office of David Pedrazas for help from a Salt Lake City divorce attorney with 20 years of experience.
What aspect of a divorce can be modified?
- Child Support
- Child Custody
- Post Divorce Modifications
Petitions To Modify Alimony And Child Support
State law makes it possible to request a modification to the terms of alimony, provided that the significant change to your circumstances was not foreseeable at the time of the divorce. Either party may file the petition to modify — the party who is paying alimony can request to have the payment amount reduced, or the recipient of spousal support may petition for an increase in the amount.
Similarly, you may file a petition to modify the amount of child support, provided that at least three years have passed since the date of entry of the original order for child support. This is common in cases where one parent has either suffered a major pay cut or a job loss, or where one parent has been given a raise or is otherwise now more capable of providing for the children’s needs. Another common scenario is when the state child support guidelines have shifted so that the new amount that would be paid according to the child support worksheet is at least 10 percent greater or less than what is currently being paid. This option is only available in cases where the current child support order is not in deviation from the automatic guidelines. In addition to a job loss, pay cut or pay increase, grounds for a child support modification include a material change in custody, an inheritance of wealth, increased medical expenses for the child, or the addition of new responsibilities to provide for the support of other individuals.
Modifying Child Custody And Parent Time Agreements
If the terms of child custody have become unworkable or inappropriate under the current circumstances, you may be able to obtain a modification to the parenting plan. It is necessary to demonstrate that the Utah Family Law modifications would be in the best interests of the children and that the new terms would constitute an improvement of conditions for them. A common cause for modification of child custody is when the custodial parent is planning to relocate and needs to alter the terms of parent time for the other parent.
Salt Lake City Attorney For Utah Family Law Modifications
In many situations, the other party is opposed to the Utah family law modifications and the case must go to a full trial where both sides present evidence in favor of the modification and against it, with the judge ruling in favor of one party. Even if you have already secured the agreement of your former spouse, it is necessary to obtain court approval to modify the existing orders, as your verbal or written agreements are not legally enforceable and if you are later accused of violating the orders you may be charged with contempt of court. Contact us at the Law Office of David Pedrazas for a Legal Case Review and to get a Salt Lake City divorce attorney start working on a strategy for your Utah Family Law Modifications.