Utah Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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Multi-State
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US-01898BG
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Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

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.

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.

To protect under- or unemployed spouses, the court may award alimony, which is a court-ordered payment from a higher-earning spouse to the other during the divorce process and often, for a period after.

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.

To get a copy of your divorce decree, contact the court that handled the divorce case. Use the Court Directory to find contact information. The court provides copies of its records for a fee. There are situations where you may need the court to provide a certified or exemplified copy of a record.

Terminating Alimony (There are exceptions for if the remarriage of the alimony recipient is annulled.) Alimony also terminates if the recipient cohabits with another person after the order for alimony is issued, but the other spouse cannot just stop paying alimony. They must first prove the cohabitation to the court.

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Utah Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment