Post-Judgment Modifications In Salt Lake City
Divorce agreements are intended to dispose of most issues definitively, without need to return to the question later on. However, there are exceptions, including family questions that are all but expected to be modified at later dates. Some of the most common include child support amounts and visitation schedules, but there are many different aspects of a divorce that may require post-judgment modification.
The most common post-divorce modifications sought generally have to do with support, either for children or for a spouse (also known as alimony). Utah law requires that both parents support their children if possible, as most states do, and propagates child support guidelines that are generally adhered to. At the time a divorce decree is entered, support is estimated based on a host of different factors, including the parents’ current and future earning potential, the child’s needs and the financial position of each spouse. Alimony or spousal support is determined the same way.
However, as one might imagine, things change. One spouse might gain or lose a job, relocate or encounter hardship. Any number of events might transpire that might result in a change in financial circumstances. When there has been a substantial change in circumstances, or if more than three years has elapsed since the original order was entered modifying a child support order, a modification can be made. The court will consider the same factors it did in its first determination to see whether the change in circumstances has been significant enough.
Custody & Parenting Time
The other common motive for wanting to modify a divorce decree is wanting an increase or decrease in visitation and parenting time. Utah divides custody of children into legal and physical, which can make a modification quite complex if not handled properly. Legal custody is essentially the right that allows both parents, if they share it, to make decisions about their children. It is possible to have sole physical custody and share legal custody, or the reverse, or any mix thereof.
Making a change to child custody or parenting time arrangements requires that there have been a substantial change in circumstances, as with support-related modifications, but there is an added wrinkle; the best interests of the child must be taken into account. If a modification would improve the parents’ situation, but not the child’s, it will not be enacted. It also means that child support may be modified simply because visitation time will change.
Consult A Family Law Attorney
If you need post-judgment modification help, your best bet is to contact an experienced attorney. Jill L. Coil and the family law attorneys at CoilLaw, LLC have years of experience in post-modification judgment cases, and are happy to help you with any questions you may have. Modifying a divorce decree does not have to be a difficult endeavor, especially not with a qualified legal professional on your side. Contact us today at (801) 884-3775 or fill our web form to set up an appointment.