(801) 254-9450 Negotiating a divorce agreement can be difficult and time-consuming, especially if it must be done through the courts. Once your divorce is finalized, you and your ex-spouse are legally bound to its terms.
However, as time passes, your life and circumstances will likely change. To address these changes, you may need to renegotiate the terms of your divorce by seeking modifications through the court.
At Carr | Woodall, we have extensive experience handling modifications for clients facing this situation. Our South Jordan divorce modification lawyers can provide the legal help you need. We are deeply familiar with what is allowable under the law and how to go about seeking the changes you need to reflect your changing lifestyle. Call an experienced divorce attorney today.
Utah courts consider a divorce decree a final order, but some terms can be tweaked, modified, or even terminated over time. As the lives of the former spouses and any children they might share change and grow, the need for changes to the decree can shift.
That said, modifications are more likely to be made to some parts of the decree than others. Decisions related to the division of marital property are generally final unless there is evidence of fraud or a failure to disclose assets. However, the courts retain the power to amend orders for ongoing obligations like child support, custody, and alimony. A South Jordan divorce modification attorney could answer questions when this option is available.
Child custody and visitation, support, and alimony are the aspects of a divorce decree that are most likely to be modified. Unlike property division issues, which are primarily resolved permanently, the need for ongoing payments or custody arrangements can shift over time. A divorce modification lawyer in South Jordan could assist with any of these scenarios.
The court is bound to act in the best interest of the child in all custody and visitation issues. However, the court-approved parenting plan is not set in stone and can be altered in some situations.
Updating the terms of a parenting agreement is a major decision that judges will not make lightly. Not only must there be a valid reason for seeking the change, but it must also be clear that altering this arrangement is best for the child.
The best interest standard also applies to modifying child support terms. While the law requires a minimum amount of financial support from parents, unexpected hardship can make it impossible for someone to make the payments required by the court. Alternatively, a sudden increase in income for the paying parent might necessitate an increase. This can happen after a change in employment, a sudden windfall, or a disabling injury.
Alimony—also known as spousal support—can be modified after the initial court order is issued. In some cases, it may be appropriate to cancel these payments entirely. One example is when the receiving party remarries. Altering this obligation can also occur when a former spouse can no longer afford the current required payments.
Regardless of the terms a person is seeking to change in a divorce decree, modification only becomes an option when there has been a material change in circumstances. This means one or more of the parties’ lives have changed in a way that renders the existing order unfair or unreasonable.
This could include factors in the lives of either former spouse. In many situations, it is the changing needs of a shared child that makes modification necessary. For example, if a child is diagnosed with a disabling illness, their need for medical care could increase drastically.
There is no firm definition of what counts as a material change. The court will consider all the facts and determine if the motion to modify is reasonable or not. A South Jordan divorce modification attorney can make the argument for or against altering the existing terms.
As circumstances in your life change, the terms of your divorce decree may no longer fit your needs. Whether it is an adjustment to alimony or a change to the parenting plan, you have the right to seek modifications with the court’s approval.
To succeed, you will need to show that there were material changes in your life or the lives of your child or former spouse. Fortunately, that is where our legal team can help. Contact a South Jordan divorce modifications lawyer today to learn more.