There’s no waiting period in Utah before you’re allowed to go back to court to request a modification to a custody order. Instead, you must demonstrate that there’s been a substantial material change in circumstances that was not contemplated at the time the divorce decree was entered. It’s very rare that you get your divorce decree and then experience major changes immediately after. However, there is no specific time limit.
What Is The Process To Petition For A Modification To Custody In Utah?
When petitioning for a modification for custody, the process is similar to what happens in the divorce process. Both joint physical and joint legal custody require the parties to participate in mediation before they file a petition to modify. So, you’ll go through mediation before arriving at the petition to modify and filing it again. If necessary, you then go through the litigation process. The party requesting the change in custody can request the custody evaluation and most likely pay the initial expenses for that process. The court can reapportion or re-divide these costs and expenses at a later time. If the custody dispute cannot be resolved during at mediation, you must go to trial.
How Long Will It Take For The Child Support Amount To Change If I Qualify And Improve For A Modification?
The amount of time for child support to change after filing for a modification depends on how long the process takes. If all you’re doing is modifying child support, that can usually resolve in a few months. However, if you’re modifying child support as part of a custody modification, then it can even last years before you get to a final resolution.
The good news is that Utah law allows the judge to backdate modified child support to the month after you filed your petition. So, let’s say somebody gets in a car accident and they’re out of work for 14 months. 6 months into unemployment they file a petition to modify their child support. The judge can modify the child support all the way back to the point they’d filed their petition to modify. In this situation, month 7 forward.
Here’s one helpful and important tip to remember. If your co-parent is trying to modify your child support, you must realize that if they have a reasonable basis, you could have a judgment entered against you for overpayments of child support for the length of litigation. On the flip side, if you’re seeking to modify child support, you must realize that you’re going to be paying a higher amount for some time. It’s best to utilize an expert attorney to plan accordingly.
Is There Any Way That My Child Support Amount Could Go Up If I Requested A Modification To Decrease It?
This will almost never happen. However, it is technically possible that your child support amount may increase if you request a modification to decrease it.
For more information on Family Law in Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 405-9011 today.
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