Life is full of changes. You may have lost a job or have developed a serious medical condition. Your children may also require additional medical assistance. You may have relocated out of state. When these serious changes occur, it can have a huge impact on your divorce settlement. One of the biggest myths in Utah family law is that all divorce settlements are final. That is not necessarily true. A significant change of income from either spouse, relocation or health issues can affect a person’s ability to pay alimony, child support and even affect child custody and visitation rights. Although it is not easy to change the conditions of a divorce settlement in Utah, an experienced and knowledgeable Salt Lake City divorce attorney can help with modifications.
First, it is important to understand not all divorce lawyers are the same. It is vital to select a Salt Lake divorce attorney that places an emphasis on modifications. To receive a modification, the court will have to determine whether the request is in the best interest of the child. Here are some of the most common divorce modifications in Utah family law.
Child Custody: Child custody is among the most delicate and complex components of a divorce settlement. To receive a modification, the petitioner must prove there has been a significant change in the child’s living environment. A change of income of either parent can affect the amount of payment for child support. If the child has developed a major health condition, they may require money for medical assistance. Under Utah law, if a child is 14 or older, their preferences can be recognized by the court.
Child/Spousal Support: A Salt Lake City divorce attorney can petition the court for a modification of child or spousal support. Spousal support is a legal remedy designed to help a financially weaker spouse maintain the same lifestyle during the marriage. But if the spouse paying child/spousal support loses their job or has mounting medical bills, it can be extremely difficult for them to continue making payments.
Visitation: When a spouse relocates to another state or to another town far away from Salt Lake City, a divorce attorney can petition the court for a modification. You must prove the relocation prevents both spouses from honoring the conditions originally set by the court for child visitation.
Division of Property & Assets: Typically, the court will not make changes to the settlement regarding the division of property and assets. However, if an asset was not disclosed and the petitioner discovers it after the divorce was settled, they may be able to seek division of the non-disclosed asset.
Salt Lake City divorce attorney Emy A. Cordano has helped countless men and women with divorce modifications in Utah. Whether you are facing economic challenges or the parent-child dynamics within your family have significantly changed, a modification may be needed. To learn more, contact her law office today and schedule a consultation to discuss your case.