Modification in Utah
In Utah, any party after the entry of the Decree of Divorce or Order of Paternity may file a Petition to Modify at anytime based on a "material and substantial change in circumstances."
Modification of custody
At anytime upon a material and substantial change in circumstances, any parent may file a Petition to Modify the Utah Custody Order. In order to modify a current custody order, a two-part test must be met
(a) the circumstances of the child or one or both custodians have materially and substantially changed since the entry of the order to be modified, or the order has become unworkable or inappropriate under existing circumstances; and
(b) a modification of the terms and conditions of the decree would be an improvement for and in the best interest of the child.
Modification of Child Support
The parties have a right to adjust this child support order by motion after three years from the date of its entry if (1) upon review there is a difference of 10% or more between the amount previously ordered and the new amount of child support under the Utah child support guidelines, calculated using the appropriate child support worksheet, (2) the difference is not of a temporary nature, and (3) the amount
previously ordered does not deviate from the child support guidelines.
A parent, legal guardian, or the office may at any time petition the court to adjust the amount of a child support order if there has been a substantial change in circumstances.
(A) a substantial change in circumstances may include: (i) material changes in custody; (ii) material changes in the relative wealth or assets of the parties; (iii) material changes of 30% or more in the income of a parent; (iv) material changes in the employment potential and ability of a parent to earn; (v) material changes in the medical needs of the child; or (vi) material changes in the legal responsibilities of either parent for the support of others.
(B) Upon receiving a petition, the court shall, taking into account the best interests of the child: (i) determine whether a substantial change has occurred; (ii) if a substantial change has occurred, determine whether the change results in a difference of 15% or more between the payor's ordered support amount and the payor's support amount that would be required under the guidelines; and (iii) adjust the payor's ordered support amount to that which is provided for in the guidelines if: (a) there is a difference of 15% or more; and (b) the difference is not of a temporary nature.
Modification of Alimony
In Utah, the court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce.
The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action.