Modification of a Divorce Decree

The courts have the continuing equitable power to adjust Divorce Decrees depending on any substantial and material changes of circumstances arising after the divorce takes place. Some issues that are commonly addressed in post-divorce modification proceedings include custody, parent time (visitation), and child support. The divorce attorneys at Farr Kaufman are knowledgeable in all aspects of requests to modify Divorce Decrees.

Generally, either parent can request a modification by filing a Petition to Modify, which must allege the substantial change that has occurred. This is important because some changes are not considered “substantial” under Utah law.  Whether you have filed or been served with a Petition to Modify, the Firm’s attorneys can consult with you about your options under Utah law.

If the issue involves custody or parent-time, the court must determine if the modification has been ratified by the opposing party and whether the modification would be in the best interest of the child. Further, such modifications can only be made by way of a Petition to Modify.

By contrast, modification of child support can be done by Motion if it has been three or more years since implementation; there is a difference of 10% or more between the support amount as ordered versus required; the difference is not temporary; and the child support total is consistent with set guidelines. Otherwise, child support can only be modified by Petition and only if the change meets specific statutory requirements.

Contact one of our family law attorneys at Farr Kaufman to schedule an initial consultation to discuss family law modification cases.