When trying to file a divorce modification in Utah you will need a divorce attorney that understands what kind of modifications are possible and where you may have a favorable outcome. When dealing with divorce modifications it is important to trust your divorce lawyer in order to have a good chance of a favorable outcome.
The first legal item that needs to be reached in divorce modification is whether a “substantial change in circumstances” has occurred. This can mean that incomes have changed (usually around 20% up or down), bad grades at school, abuse, new home, or new spouse. While this list is not exhaustive this will give you some examples of what a substantial change in circumstances means. There are other reasons that divorce court in Utah could find that you have had a substantial change in circumstances in order to move forward in a divorce modification in Utah. Also, the substantial change in circumstances also applies to your ex-spouse. Therefore, if you know that your ex-spouse has had a substantial change then you can also bring a petition for a divorce modification based on those allegations.
At Arnold, Wadsworth & Coggins Attorneys, we offer a free consultation. We will have one of our divorce lawyers meet with you in either our Salt Lake City or Ogden, Utah office. Call (801) 475-0123 today to set up the consultation.
Below is some case law regarding divorce modifications.
“Respondent argues that the trial court abused its discretion by denying his petition to modify the original alimony award because both petitioner’s receipt of social security benefits and his forced early retirement amount to a substantial material change in circumstances. “The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce.” Utah Code Ann. § 30-3-5(7)(g)(i) (Supp.1999).3 To succeed on a petition to modify a divorce decree, the moving party must first show that a substantial material change of circumstances has occurred “ ‘since the entry of the decree and not contemplated in the decree itself.’ ” Durfee v. Durfee, 796 P.2d 713, 716 (Utah Ct.App.1990) (emphasis added) (quoting Stettler v. Stettler, 713 P.2d 699, 701 (Utah 1985)); accord Williamson v. Williamson, 1999 UT App 219, ¶ 8, 983 P.2d 1103.
“[W]here a future change in circumstances is contemplated by the trial court in the divorce decree, the fulfillment of that future change will not constitute a material change of circumstances sufficient to modify the award.” Johnson v. Johnson, 855 P.2d 250, 253 (Utah Ct.App.1993).”
Bolliger v. Bolliger, 2000 UT App 47, 997 P.2d 903, 906
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