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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.
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.
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:
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.
For more information on Utah Divorce, a free initial consultation is your best next step.
For more information on Utah Divorce, a free initial consultation is your best next step.
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Russell B. Weekes has over 18 years experiencing helping individuals, couples, and businesses achieve their legal goals.
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(c) Copyright RBW Esquire, LLC. 2021. All Rights Reserved. This website is not intended to be legal advise or create an attorney-client relationship. Information, forms or documents are intended for general information only and may not be regarded as legal advice. Laws change periodically, and the contents of this site is not guaranteed to be up-to-date. It is highly recommended that you seek professional legal advice so you can understand your full rights and obligations under the law.