Divorce Modification | Substantial Change in Circumstances

Post Divorce Legal Issues

After a divorce is final it seems that both Parties no matter how closely they try to keep their lives the same end up having changes in their lives that can merit changes in their divorce decree. Under divorce law in Utah there needs to be a substantial change in circumstances in order to be able to petition the divorce court for a modification concerning your divorce decree. Usually the substantial change affects child custody. However, a substantial change can also affect such things as alimony, child support, and parenting plans.

What is a Substantial Change in Circumstances

First according to Hogge v Hogge you must show that the substantial change relates to the modification you seek. Therefore, if you are seeking a change in child custody then you need to show that something has occurred that affects the child custody as outlined by your divorce decree, and that what you are seeking is in relation to that change. Additionally, the claimed change must have some material relationship to and substantial effect on the functioning of the presently existing custodial relationship.

For example;

“One compelling circumstance “relevant to … the child’s best interests” is “interference with visitation.” See Smith v. Smith, 793 P.2d 407, 411 (Utah Ct.App.1990); see also Sigg v. Sigg, 905 P.2d 908, 917 (Utah Ct.App.1995) (concluding that interference with visitation was an appropriate basis for custody modification). See generally Utah Code Ann. § 30-3-10(1)(a)(ii) (Supp.2009) (“In determining any form of custody, the court shall consider the best interests of the child and … which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent.”); id. § 30-3-10.2(2)(c) (2007) Hanson v. Hanson, 2009 UT App 365, 223 P.3d 456, 458.”
Depending on your circumstances we can help you get a modification of your divorce decree. At Arnold & Wadsworth we offer a free consultation in order to help you understand your case. We will be honest with you concerning your case. If you succeed then we

Divorce in Utah | Divorce Modification

succeed. Give us a call today at (801) 475-0123. We have an office in Salt Lake City and Ogden, Utah.

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