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Life changes, so it isn’t surprising when one of the parties seeks a decree modification. A modification could be for a Utah child support modification or a Utah alimony modification, or it could be seeking to modify custody or visitation. If you have experienced a substantial change in circumstances, then we can help you pursue a decree modification.
Utah Child Support Modification
Either parent may request a child support modification in Utah. A child support or other modification can increase or decrease the required child support. A modification can be based on changes of income or other circumstances of either party. There are complex and a number of rules and procedures that govern child support modifications, which depend on the length of time from the original support order and when the modification is sought. If you have experienced a substantial change in circumstances, let our experienced attorney assist you in modifying your child support order.
Modification of Alimony
Generally, alimony can be modified if there is a substantial change in circumstances that was not foreseeable at the time of the divorce. The change in circumstances can be due to an increase of income of the recipient or be due to a decrease of income of the party responsible to pay alimony. Alimony modifications are appropriate only if the change of circumstances of the recipient that did not exist at the time of the decree. The modification is dependent on the facts and in some cases can result in the termination of an alimony order.
Child support in Utah is based on a formula that can easily be calculated if the income of both spouses is known. You can use the calculator at Office of Recovery Services locate at Office of Recovery Services – (utah.gov).
Your property will be categorized as either a non-maritital asset or a marital asset. If the property was acquired during the marriage it will generally be a martial asset.
Each party will receive their separate property. Marital property will generally be divided equitably.
Alimony is a remedy awarded to help a financially weaker spouse become self-sufficient. In Utah alimony is discretionary and is not awarded in every case. Factors that a court will consider in determining if alimony should be awarded and if so how much includes:
- Income and financial resources of both parties
- Emotional & physical condition of each party
- Standard of living during the marriage
- Length of the marriage
Each party typically is responsible for his or her own legal expenses and costs associated with divorce. In some case, the court may award attorney’s fees.
In Utah if the divorce is contested (an answer is filed), then mediation is required. In some cases more than one mediation will be necessary to resolve all the issues.
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