MODIFICATION OF DIVORCE DECREE LAWYER IN UTAH

WHEN CIRCUMSTANCES CHANGE AFTER DIVORCE OR PATERNITY ACTION

When a divorce or paternity decree is entered, the court orders reflect the basic circumstances in place at that particular time. If a substantial change occurs in the years after divorce, the court will allow you to file a petition and seek a modification of the terms of the order.  Generally speaking, rulings of a court, including decrees of divorce and paternity, are the court’s orders until modified by the court or by agreement between the parties.   Whether or not a party may request the court to modify its order depends greatly on changes in circumstances, if any, that have taken place after the entry of the decree.

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Parties often seek relief from the court to modify court orders.  Sometimes, both the parties seek the change to ratify something that is already taking place, such as a change in a parent-time schedule, and which to formalize the agreement they have.  Other times, the parties are not in agreement and seek the court’s determination of whether the order should be modified.  Common areas of modification include: alimony, child support, parent-time, and custody.  .

Modifications of court orders can sometimes be legally complex and hard to understand.  Sometimes the order itself will dictate if and how an order may be modified.  Often, discussion and mediation between the parties is a pre-requisite before a petition to modify may be filed.   Whatever the case may be, the facts and the law should be carefully weighed before a party decides to ask the court for a modification of a decree.  At Burton Attorneys at Law, we’ve handled countless modifications.  We have the experience to advise you on your modification issue.

BURTON LAW FIRM PRACTICE AREAS

Family Law

At Burton Law Firm, our family law attorneys have extensive experience assisting clients through all areas of family law. By leveraging the combination of skill with years of experience, our attorneys will do everything in their power to achieve the outcome desired by their clients.

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Mediations

We recommend attending mediation with the help of a legal professional. Mediators are neutral parties who cannot give legal advice. Mediation will involve the discussion relating to all your divorce issues including real estate and personal property issues, division of financial assets (401k, stocks, bonds, etc.)

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Step Parent Adoption

Step-parents often develop a strong bond of love and affection with a stepchild. As a loving figure in a step child’s life, it may be in everyone’s best interests for a step parent to seek an adoption and make the relationship legal.

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Probate

When a family member, friend or loved one passes away, his or her estate may have to go through a court process referred to as probate. This is the process whereby the Court appoints an individual, or sometimes multiple individuals, to gather, manage, and ultimately distribute the assets of the one who passed away.

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Divorce

Going through a divorce is difficult for everyone involved. Our goal is to help our clients navigate their divorce case with knowledge and compassion so they can focus on their family.

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Custody & Parent Time

Whether you have a custody battle resulting from an ongoing divorce, or if you’re an unmarried parent fighting for custody of a child, the attorneys at Burton Attorneys at Law have the experience to handle your case.

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Paternity

We have assisted and successfully represented numerous clients dealing with paternity issues. Because of our experience dealing with a wide range of paternity-related cases, we can assist clients whether or not they claim to be the father of the child.

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Child Support

In Utah, by law, every child is entitled to the support of both parents, whether the parents are married or not. Although Utah law provides child support guidelines used by the courts to calculate a parent’s base child support obligation.

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Alimony

There is no set formula to determine when, or if, a party should receive alimony (spousal support) from a divorcing spouse. In determining alimony the courts will consider the needs of the party requesting alimony, the ability of that party to provide for his or her own needs, and the ability of the other divorcing party to pay alimony.

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Modifications

Simply stated, mediation is a non-binding forum for a divorcing couple to work out the terms of their divorce with the help of a trained mediation specialist. The only requirement of mediation is that a party attend and make a good faith effort at resolution.

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Division of Retirement

When a Court grants a decree of divorce, it will also address the parties’ rights with respect to the assets they acquired during their marriage. This includes retirement assets, such as 401(k) accounts, IRAs, and pensions.

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Guardianship

A guardian helps an individual care for their physical well-being while a conservator helps an individual handle their financial affairs. By appointing a guardian and/or conservator, you are providing your loved one with the assistance of someone who cares in order to help them handle day to day matters and to make important legal decisions.

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CHANGE

You lose your job or get a lower paying job.

You get a higher paying job or a pay increase.

Your child is not doing well at school or at home.

A spouse with residential custody wishes to move out of the state.

A parent starts using drugs or engages in other behavior that endangers the child.

A spouse is not paying child support or spousal support. 

DIVORCE MODIFICATION

Child support payments may be recalculated if requisite statutory requirements are met.

Yoy may change child custody if it is in the best interest of the child.

If the non-moving parent objects, the court may order a change in custody.

The court may change child custody and parent-time and require supervised visits.

A modification may not be necessary. You may file an enforcement action and a judge may force your spouse to pay child support. 

In most cases, a party cannot seek a modification for marital property division after divorce except in cases of fraud or hidden assets. It is important to speak with a lawyer immediately if you believe your former spouse may have hidden assets from you during your divorce.

WE'RE HERE TO HELP, CONTACT US TODAY

Contact us today for a consultation with an attorney. During the meeting, you will be advised of your options as well as the cost of pursuing each option that you have. In order to more efficiently serve you, we encourage you to organize pertinent documents prior to your initial consultation if possible.

Weekdays: 8:00 AM – 5:30 PM
Saturday & Sunday: Closed

3785 Harrison Boulevard #1
Ogden, Utah 84403

       

DIRECTIONS TO OUR OFFICE

To discuss your case with an attorney, call local (801) 393-1106 toll free (877) 447-9997 or fill out the contact form below. Our office is conveniently located in Ogden, Utah and we serve the entire Wasatch Front. Hablamos español.

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