Post Divorce Modification Attorney in Salt Lake City


Our Salt Lake City, Utah Family Lawyers Can Help You Seek a Modification

At Read & Read, we understand that not all divorces are fair to both spouses. Many clients come to us because they believe they did not receive a fair divorce decree or that their alimony or child support obligations are not fair. If you believe that you had poor legal counsel from your first divorce lawyer, we can help you petition the court to modify your order or decree.

Or, your ex-spouse may not be paying alimony or child support. We can help you seek enforcement of those orders. Finally, your situation may have changed dramatically, and you are unable to pay child support or alimony. On the contrary, you may have lost your job and require more child support. Whatever your situation, our experienced Salt Lake City divorce lawyers can help you seek the best possible outcome. 

Our lawyers understand how important it is to give each case the personal attention it deserves and communicate with our clients about the status of their post-divorce modification matters. All of our attorneys are trial-ready, should the legal matter end up in court. We work hard to try to find the best solutions possible for our clients.

 

Common Types of Post-Divorce Modifications

If you have already gone through a divorce but you have experienced an important life change, you might be wondering what your options are in Utah. Changes in income, a job loss, a move out of state, or a remarriage can all cause significant changes to your financial and personal situation. 

These types of changes may warrant a modification of the earlier divorce settlement. The Utah divorce lawyers at Read & Read are here to help you adjust to your changing circumstances. We have helped many Utah area science successfully modify their court orders or decrees related to the following legal matters:

  • Alimony
  • Child support
  • Child custody 
  • Child visitation (parenting time)

 

How Utah Courts Modify Divorce Decrees

Proving that something has changed in her life is not enough to justify modifying a child support, alimony, or child visitation order. Instead, the person seeking the modification must prove that a substantial and material change in circumstances has occurred that justifies a modification. In an alimony case, a material change in circumstances typically means one spouse’s income decreased or increased significantly.

If you lost your job or your income has decreased significantly, you may want to petition the court to modify your alimony order so your ex-spouse pays more alimony. On the other hand, if you know your ex-spouse has gotten a high-paying job or had a significant pay raise, you can petition the court to lower the amount of alimony you have to pay.

 

Child Support Modifications

Under Utah law, both parents should try to provide financial support for their children whenever possible. When the court enters a divorce decree, they will estimate the amount of child support based on various factors. These factors include the child’s needs, each spouse’s financial position, and the parents earning potential. As the years go on, one or both spouses may experience a significant life change that upends their financial situation. 

If your financial situation has changed substantially, we can help you petition the court to modify your child support order. As with any other post-divorce modification, you will need to show that you or your spouse have experienced a material change in circumstances that justifies changing the child support order. Utah courts have acknowledged the following situations as substantial changes:

  • The cost of living increases
  • Either parent’s legal duty to support the other person changes significantly
  • One parent becomes remarried
  • Either parent experiences hardship due to disability, illness, or another temporary financial burden
  • The child’s needs substantially increased, causing extra educational, medical, or age-related expenses
  • The parent with physical custody involuntarily lost a job
  • The paying parent’s income sees a substantial decrease, typically 10% or more 
  • The paying parent’s income substantially increases, typically 10% or more

 

Filing a Motion to Modify Child Support

In addition to proving a material change has occurred, the person petitioning for a modification must meet the following conditions to file a motion:

  • The child support order was entered three or more years ago
  • The difference between the amount of child support as ordered and the amount as required under the Utah child support guidelines is 10% or more
  • The difference in the modified support amount is not temporary, and
  • The proposed amount is consistent with Utah’s guidelines

 

Petition to Modify Child Support

What happens if you do not meet the conditions above to file a motion to modify your child support order. Your other option is to file a petition to modify child support. You can file the petition when the child support order was entered three or more years ago and you meet the following conditions:

  • The difference between the amount required under the Utah child support guidelines and the amount as ordered is 10% or higher
  • The requested difference for the modified child support amount is not temporary
  • The proposed amount is not consistent with the Utah child support guidelines

Suppose the court entered the child support order less than three years ago, and you have experienced a material change to the child’s medical needs, the parent’s income, or other factors. In that case, you may be able to file a successful petition. However, the proposed change must result in a non-temporary difference of 15% or more between the original child support amount and the amount you are requesting.

 

Contact an Experienced Salt Lake City Divorce Lawyer Today

The principled divorce lawyers at Read & Read understand how important post-divorce modification can be for our clients. Whether you are seeking enforcement of your divorce decree or you would like to petition the court to modify an alimony or child support order, you do not have to navigate the process alone. Contact us today to help you petition the court for the modification you need to thrive in the next chapter of your life.

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