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Modifications of Decrees

Sometimes you have a decree of some kind (usually a Decree of Divorce or a Decree of Parentage) but circumstances have changed and you’d like to explore whether the Decree can be modified to reflect the new situation? For example, maybe the parties have joint physical custody of children and one of the parties wants to buy a new house and move, with the children, to a new location. Similarly, maybe a party paying child support has experienced a significant increase or decrease in income that may justify an adjustment in child support. We can help.

By design, it’s not easy to modify a decree. The law favors stability and generally prefers that parties not tinker with a decree unless both parties agree to do so. To that end, if both parties agree that a decree needs to be modified, then, usually, all that’s required is drafting up an agreement and documents for the court to review and sign. In these circumstances, we can help to make this drafting process as easy and inexpensive for you as possible.

​ More often, however, one party wants to modify a decree but the other doesn’t. In these circumstances, legal representation can be extremely helpful. Generally, a decree can only be modified if there’s been a substantial change in material circumstances (and, if children are involved, that modifying provisions involving the children is in the best interests of the children) or otherwise allowed by statute (for example, adjusting child support 3 years after a support order is entered can be easier than adjusting child support within the first 3 years after a support order is entered).

Our family law lawyers in Utah are problem-solvers and we pride ourselves on our ability to negotiate and work with the other side to try and find creative resolutions to modification issues. Often, however, with modification disputes, a resolution between the parties is difficult to reach. In these circumstances, our family law attorneys are prepared to advocate for you in the courtroom.

​ Feel free to reach out to discuss your case. In family law matters, we offer 30-minute, no-obligation consultations for a flat $75.00 fee. This allows us to schedule a specific time to talk regarding your case and answer your questions. From there, you decide whether you want to hire our Utah family law attorneys to represent your interests moving forward.

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Call us: (435) 789-7800

Family Law & Divorce

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148 S. Vernal Ave, Suite 101

Vernal, UT 84078

(435) 789-7800

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