Agreements and After the Decree
Utah Divorce Modification and Enforcement Lawyers
A Utah divorce modification may be needed when life changes after the decree, and enforcement when the other side stops following it. Kili Divorce Law handles both: changing custody, parent-time, child support, and alimony, and making sure court orders are actually obeyed.
Modifying a Utah Divorce Decree at a Glance
- Changing custody requires a substantial and material change in circumstances and a benefit to the child.
- Child support can change with a 15% difference, or 10% after three years.
- Alimony can be modified for unanticipated changes, including the payor’s retirement.
- Courts can award make-up time, attorney fees, and costs when a parent ignores a parent-time order.
When a Divorce Decree Needs to Change
A decree reflects the family’s circumstances at the time it was entered. Children grow, parents move or remarry, incomes rise and fall, and arrangements that once worked can stop working. Utah law allows many parts of a decree to be modified, but each has its own standard, and the request must be supported with evidence.
Property division is different. It is generally final and cannot be modified simply because
circumstances changed, though it can be enforced.
Modifying Custody and Parent-Time in Utah
Under Utah law, changing custody requires a substantial and material change in circumstances, and the change must be in the child’s best interest. Adjusting parent-time requires only a change in circumstances. When parents share joint custody and the child is thriving, the court gives substantial weight to the existing arrangement and considers alternatives before ending it.
Common reasons include a parent’s relocation, a change in a child’s needs or schedule, safety
concerns, or a pattern of one parent ignoring the order.
Modifying Child Support and Alimony
Child support can be modified with a substantial change in circumstances that produces at least a 15% difference in the amount, or at least 10% once three years have passed since the order. After three years, a parent can also request an adjustment when the guidelines produce a 10% difference, without proving a substantial change.
Alimony can be modified for a substantial, material change the decree did not anticipate, and a payor’s retirement qualifies. Alimony ends when the recipient remarries or dies, and cohabitation after the decree can support ending it if raised within one year of learning of it. In higher-income cases, the real question is often whether an income change is genuine or strategic, and we examine it closely.
Enforcing a Utah Divorce Decree
A decree is only as good as its enforcement. When a parent withholds the children, the court can award make-up parent-time, attorney fees, and costs such as lost wages, child care, and transportation. When a spouse will not pay support, transfer property, sign documents, or divide a retirement account as ordered, the court can use contempt proceedings, judgments, and orders directing specific action.
Enforcement is also where precise drafting in the original decree pays off. Vague terms around equity awards, business buyouts, or retirement division are among the most common sources of post-decree disputes, and we resolve them either way.
How We Handle Modification and Enforcement
- Review the decree and the record to see exactly what was ordered and what has changed.
- Identify the right standard for each issue: custody, parent-time, support, or enforcement.
- Build the evidence: income records, school and medical information, communications, and violation logs.
- Seek resolution where it is realistic, including mediation, and draft the stipulated modification when the parties agree.
- Pursue or defend the petition, including fees and costs where the law allows.
Is This Your Situation?
- Your former spouse repeatedly ignores the parent-time schedule.
- Income on either side has changed significantly since the decree.
- You are retiring and paying alimony, or your former spouse is living with a new partner.
- A parent plans to move, or already has.
- Your former spouse has not transferred property, paid support, or divided a retirement account as ordered.
Schedule a Consultation to Discuss Your Case
Questions About Modifying a Utah Divorce
By filing a petition showing a substantial and material change in circumstances since the last order, and that the proposed change is in the child’s best interest. Changes to parent-time require only a change in circumstances. When joint custody is in place and the child is thriving, courts give that arrangement substantial weight.
With a substantial change in circumstances that produces at least a 15% difference in support, or at least 10% if three years have passed. After three years, a parent can also ask for an adjustment when the guidelines produce a 10% or greater difference, without showing a substantial change.
Yes, when there is a substantial, material change in circumstances the decree did not anticipate. A payor’s retirement qualifies. Alimony ends automatically on the recipient’s remarriage or death, and cohabitation can support termination if raised within one year of learning of it.
Ask the court to enforce it. Utah law allows the court to award make-up parent-time, attorney fees, and costs such as lost wages and transportation, along with other remedies. Documenting each violation makes enforcement far more effective.
The court can enforce its decree through contempt proceedings, judgments, and orders directing specific action, such as signing a deed or transferring an account. Unpaid support can also be collected through income withholding and other enforcement tools.