The process for changing child support is always going to be the same. The receiving party can return to court and ask for additional child support if the change in income and accompanying change in child support meets the threshold required under the law.
Does The Same Judge Or Court Who Handled Our Divorce Decree Have To Handle A Modification As Well?
The same judge who handled the original divorce case will also oversee a modification. The case will not be reassigned without additional court proceedings unless the judge has retired, died, or failed to be retained.
I Pay Child Support And My Income Remains The Same As Of The Time Of The Divorce. Can I Get A Reduction In Child Support If Parenting Time With Children Substantially Increases?
If a parent pays child support and their parenting time with the children increases, they can seek a reduction in child support. Child support should automatically be recalculated if an order is entered by the court that changes custody arrangements. There are rules in civil procedure that allow the courts to make changes in child support in conjunction with changes to custody or parenting time. If your parenting time is changing on an informal basis, that will not be sufficient unless the other party agrees. If the custodial parent is simply allowing the non-custodial parent to enjoy additional parenting time during a day that would otherwise be awarded to them, the court has a policy not to punish that behavior they want to encourage and applaud. By reducing child support or other policies that would discourage additional sharing of parenting time.
Can Alimony Or Spousal Support Ever Be Modified In Utah?
Alimony or spousal support can be modified in Utah. Spousal support is much less of a science than child support. The original order, as well as any future modifications, are fact-dependent. They will vary case-by-case and judge-to-judge. This is an area where an individual should seek legal advice to determine the best way to proceed. In deciding how to proceed, a party should refer to their divorce decree because it normally contains language that governs future changes. It is common for spousal support to terminate upon the death, remarriage, cohabitation of the receiving party, or retirement of the paying party.
However, divorce decrees can include explicit language that would specify other outcomes for the parties involved. There have been instances where a receiving party has become financially independent through an inheritance or some other means. As a result, the paying party has successfully petitioned the courts for the termination of their alimony awards or obligations.
Must I Have The Same Attorney Who Handled My Divorce Also Assist Me With The Modification Or Can I Hire Your Firm?
There is no obligation to have the same attorney on your case. An individual is free to hire the representative they feel will best represent them. They are free to change attorneys during a case, between cases, or any time they want.
Can A Request To Modify A Decree Be Challenged Or Opposed By Either Side?
A request to modify a decree can be challenged or opposed by either side of the parties involved. A petition to modify is as significant a legal endeavor as the original divorce itself. It is common for a divorce to be settled without trial, but many subsequent modification actions do not settle. They go to trial.
For more information on Family Law In Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 923-6565 today.