Utah Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
The Utah statute of limitations for unpaid child support is the date that the youngest child named in the child support order reaches adulthood plus four years. The exception is in a case in which a sum-certain judgment has been issued, which means the amount owed is not legally disputable.
Filing a petition to modify the Decree of Divorce in Utah If you are wondering whether it is free to file a petition to modify in Utah, it is not. There is a filling fee, which is around $100, when submitting a petition to modify a Decree of Divorce in Utah.
If you want the court to change your decree you must show that there has been a material (important) and substantial (major) change in circumstances since the divorce decree was issued. The change could involve one or both parties or any children from the marriage.
Most court records are public. This means that anyone can view and copy the documents filed with the court. However, starting April 1, 2012, divorce records are not public. They can be viewed and copied by the parties, their lawyers and a few others, but not by the public.
A court may modify or stop your alimony payments whenever they have reason to believe that there have been substantial changes in your or your ex's circumstances after your divorce.
In Utah, the court will usually not consider a child's preference unless they are 14. However, the child's preferences are not the only factor the court finds. The judge may place more weight on the child's wishes if they are 16 or older.
Child support is calculated using the gross monthly income of both parents and the number of overnights the child spends in each household.
So, the takeaway here is that the court has the discretion to determine what a short-term marriage is and whether to grant alimony, but the cut-off is somewhere around 5-8 years or so. Our experience is that a spouse in a marriage lasting less than five years will not typically be granted alimony at trial.