Modification of a Final Order or Divorce Decree



This page provides information and forms for modifying a final order or decree. Modifications can only be made to decrees issued by a Utah court unless certain conditions are met.

Requirements for Modifications

To request a modification, you must show a material and substantial change in circumstances since the decree was issued.

Steps for Modifications

1. Complete the Documents
Either party can request a modification, but the petitioner and respondent from the original case retain their titles. Required forms are available on the Utah Courts website.

2. File the Documents
File the documents in the same court that issued the order or decree, using the same case number. A filing fee is required, but you can request a fee waiver.

3. Serve the Documents
Serve the other party with the Petition to Modify, summons, and other documents within 120 days of filing. File proof of service with the court.

5. Responding to the Petition
The other party has 21 days (if served in Utah) or 30 days (if served outside Utah) to respond. 

If the Other Party…

  • Files an Answer: The court will schedule a case management conference to set important dates (e.g., mediation, trial).

  • Agrees to the Petition: File a stipulated petition. See the Stipulation section below.

  • Does Not Respond: Request a Default Judgment.

Stipulation

If both parties agree to the requested changes, they can file a stipulated petition. Both parties must sign the petition, either before filing or after reaching an agreement.

Temporary Orders

You can request temporary orders during the case if certain conditions are met.

Modifying Child Custody

This guide explains how to modify child custody provisions in an existing court order, which also affects child support and parent-time arrangements.

Jurisdiction

Before starting, confirm the Utah court has jurisdiction (legal authority) to modify the custody order. If the order is from another state or any party lives outside Utah, then certain conditions must be met in order for the order to be modified in Utah.

Important Topics

  • Temporary Orders: Either party can request temporary custody changes if the children are at risk of immediate and irreparable harm or if changes have already been made by the parties. See Rule 106 of the Utah Rules of Civil Procedure.

  • Material and Substantial Changes: The court must find a significant change in circumstances since the last order and that modifying custody serves the child's best interests (e.g., remarriage, moving, school changes, criminal charges).

  • Alternative Dispute Resolution (ADR): If joint custody was ordered, follow the dispute resolution process in your original order before filing for modification.

Special Cases

  • Servicemembers & Deployment: Military parents can request temporary orders related to deployment. See the Deployment Temporary Order page.

  • Out-of-State Orders: Utah courts can modify orders from another state (foreign orders) only if the order is registered and Utah has jurisdiction.

Modifying Parent-time

Though similar to modifying child custody orders, a modification to parent-time does not necessarily require a “material and substantial change of circumstances” to the same degree that a modification of child custody orders does. See Ross v. Ross, 2019 UT App 104 *; Jones v. Jones, 2016 UT App 94 *; Erickson v. Erickson, 2018 UT App 184.For example, if the parties already share joint physical custody of the minor children, a party would likely need to establish some level of change to warrant a modification. However, a party may not be required to establish a “material and substantial change” in order to request a change to parent time, because the nature of the parent’s joint physical custody arrangement would not be modified. Consult with an attorney for specific questions about how this concept may apply in your case.

Modifying Child Support


When Can You Change Child Support?

  • The difference between the current and proposed child support amounts must be at least 10%.

  • Changes cannot be temporary (lasting less than one year).

  • Use the Utah child support calculator to estimate the new amount.

Motion or Petition?

Two options:

  1. Motion to Adjust (simpler and faster; no filing fee; only used in limited circumstances).

  2. Petition to Modify (longer process; $100 filing fee required; more commonly used.)

Motion to Adjust Child Support

  • Allowed if it has been 3+ years since the order
    AND

  • Requirements:

    • A 10% difference between current and proposed amounts.

    • Change is not temporary.

    • The new amount aligns with child support guidelines.

If these conditions aren’t met, file a Petition to Modify instead.

Petition to Modify Child Support

If 3+ years since the order:

  • A 10% difference between current and proposed amounts is required.

  • The proposed amount doesn’t need to follow guidelines.

  • Changes can’t be temporary.

If less than 3 years since the order:

  • A 15% difference between current and proposed amounts is required.

  • You must prove a significant change, like:

    • Custody changes.

    • Parent income changes (30% or more).

    • Medical needs of the child.

    • Other financial or legal factors.

  • Changes can’t be temporary.

Special Circumstances:

You can file anytime if:

Child Support Guidelines

  • Use Utah’s Child Support Calculator to estimate the child support amount.

  • The court can order a different amount if good reasons are provided.

Important Notes

  • Out-of-state issues: Check if Utah has jurisdiction if one party lives outside the state or if the original order was issued elsewhere.

Foreign orders: Orders from another state or country must be registered in Utah before modification.

Modifying ALIMONY


To modify alimony, there must be a material and substantial change in circumstances not addressed in the original divorce decree or court findings. The court generally will not modify alimony to cover new needs of the recipient unless there are special reasons.

Factors Courts Consider for Alimony:

  1. Standard of Living: How the couple lived during the marriage, including income and property.

  2. Recipient’s Needs: Monthly expenses and ability to cover them, based on marital living expenses.

  3. Earning Ability: Job history, skills, and income potential, including obstacles like caregiving or disability.

  4. Paying Spouse’s Ability: Their income versus debts.

  5. Marriage Length: Longer marriages typically strengthen alimony claims.

  6. Child Custody: If the recipient has custody of minors needing support.

  7. Business Contributions: If the recipient worked in or supported the other spouse’s business.

  8. Support for Education: If the recipient helped the spouse gain skills or education.

  9. Fault in Marriage Breakdown: Serious misconduct like infidelity, abuse, or financial harm.

Important Considerations:

  • Retirement: If the change is based on retirement, check your divorce decree. If it states that retirement is not a substantial change, you cannot request a modification. Otherwise, you can ask for the change.

  • Employment Changes: If the recipient was imputed to a certain income in the decree and has made reasonable efforts to improve their income but has not succeeded, the court may review and modify alimony. Modification of alimony may also be appropriate in other cases of involuntary changes in employment or income.

  • Cohabitation: Alimony ends if the recipient lives with someone else in a romantic or sexual relationship. The paying party must prove this in court within one year of knowing about the cohabitation.

  • Remarriage or Death: Alimony automatically ends if the recipient remarries or dies, unless stated otherwise in the divorce decree.

For complex situations or if alimony has ended and you need a court order confirming this, consult a licensed professional.