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Orem Attorneys Manage Motions for Modification of Alimony, Child Support, and Time-Sharing Orders

Dedicated family lawyers provide post-divorce representation focused on conflict resolution

A divorce decree permanently dissolves your marriage, but that order may not permanently resolve the other matters it addresses. Your circumstances change and your children grow. In a short time, your parenting plan no longer fits your situation, or you could suddenly lose your job and be unable to meet support obligations. For these reasons and others, you may have to return to court and ask for a modification. On the other hand, the modification your ex-spouse is seeking may be unnecessarily burdensome to you.  In that case, you have the right to oppose the modification to keep the existing order in place. At Skabelund Wirig & Loos, our family law attorneys provide determined representation to help you get the results you need.

Grounds for a post-divorce modification in Utah

Parties to a divorce decree may seek a modification of their order if they encounter a substantial and material change in their circumstances. Under the proper conditions, you can petition the court for a modification of any ruling:

  • Alimony — Although modifications to alimony are rare, recipients can make the case for an increase if they encounter a substantial change in circumstances that could not have been foreseen at the time of the divorce, such as a severe illness. The party paying support may seek to reduce payments if he encounters unexpected financial hardship or the recipient is remarried or cohabiting with a supporting partner.
  • Child custody or time-sharing — One of the major issues that can arise after a divorce is a custodial parent’s desire to relocate out of state or at a great distance from the noncustodial parent. If the court approves the relocation, the judge may also amend the parenting plan to give the noncustodial parent shared custody. Parents can also seek modifications to a custody order if a custodial parent has become unfit or if a noncustodial parent’s circumstances have materially changed to where custody would be in the best interest of the children.
  • Child support — The paying parent may request a downward adjustment in child support due to unavoidable financial hardship, caused by prolonged unemployment or a serious illness. On the other hand, a recipient parent can request more support if a child develops special needs or if the paying parent’s improved financial circumstances warrant paying more.
  • Property division — The equitable distribution of marital property is generally not subject to modification unless a complaining party can demonstrate there was fraud or misrepresentation at the time of the division.

When conflicts with support or a parenting plan arise, some parties make informal agreements that seem to work for a short time. Unfortunately, the new understanding has no legal authority backing it, and the old order is still in place. So, if a dissatisfied party later takes the issue to court, a judge will enforce the old order. That can leave you on the hook for back support, which you wouldn’t have to pay if you had gone immediately to court for a modification.

A short consultation with one of our experienced family law attorneys can steer you clear of costly errors. We can help you negotiate a new settlement of the issues in question and submit that to a judge for approval. We can also provide the representation you need to make your case, for or against a modification, in court.

Contact our Orem family lawyers for advice about post-divorce modifications

Your divorce may be permanent, but other elements of your decree may not be. An experienced family lawyer at Skabelund Wirig & Loos can help you assert your rights in modification proceedings. To schedule a free consultation, call us at 801-788-4447 or contact our office online. We are conveniently located at 1149 West Center Street in Orem, just off I-15.

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Our Office
  • Orem Office
    1149 West Center Street
    Orem, Utah 84057
    Phone: 801-222-9700
    Fax: 801-224-9960