Can A Family Court Order Ever Be Modified?
Just because you may have an existing court order delineating the terms of child custody, child support and/or alimony doesn’t mean the order can never be subject to change. Indeed, under Utah law, these orders are not set in stone and can be modified under certain circumstances.
If you have questions regarding the modification of court orders, particularly orders created during divorce proceedings, The Law Office of Eric P. Paulson can help explain your legal options. With nearly 14 years of legal experience, attorney Eric Paulson understands the intricacies of Utah family law, and he can assist you with a modification request.
Modifying Child Custody, Child Support And Alimony
Under Utah law, a court will grant a child custody modification if you can prove two elements: 1) that a material and substantial change in circumstances has occurred and 2) that the requested change in custody is in the child’s best interests. Some examples of material changes may include situations in which the parents have remarried, the parents have moved to new locations, the child is doing poorly in school or the child has health issues.
Similarly, you can request a child support modification if there has been a substantial change in circumstances, such as a change in custody, a dramatic change in the income of a parent or a change in the medical needs of the child, just to name a few.
Lastly, a spousal support, or alimony, modification can also be requested upon a substantial and material change in circumstances, so long as this change was not foreseeable at the time of divorce.
No Matter The Court Order, Legal Guidance Is A Must
Lawyer Eric Paulson understands the importance of using the proper language when drafting court orders. He anticipates future problems and crafts agreements accordingly ― helping you avoid issues down the road. And, while it is impossible to prepare for every unforeseen situation, having the right attorney on your side can help you avoid expensive modifications later. Moreover, well-drafted documents are easier to enforce.
When you find yourself dealing with a family-related legal dispute, including modification requests, The Law Office of Eric P. Paulson should be your first call. For a consultation, you can reach us at 801-210-8313 or email us online. From our office located in American Fork, we assist clients throughout Utah County and the surrounding areas, including those in Provo.