Major life changes can turn a workable custody or support order into something that no longer fits your family’s needs. In Ogden, UT, there are family law options that allow you to modify these orders and protect your children and financial well-being moving forward. A lawyer can help you understand the right way to go about it.
Do You Have a Qualifying Life Change?
For custody matters, Utah law requires you to prove two things to qualify for a change to your orders:
- That a material and substantial change in circumstances has occurred
- That the proposed modification serves the child’s best interests
Common examples of qualifying changes include one parent remarrying, either parent moving to a new community, either parent changing jobs in a way that significantly changes their schedule or income, or the child or a parent developing a new, serious healthcare issue.
The point is that a qualifying change has to be more than just a minor inconvenience. It has to be something that meaningfully affects daily parenting, safety, or stability.
The Process for Custody Modifications
Once you decide a change is necessary, you start by filing a petition to modify in the same district court that issued the original order. Your lawyer will help you prepare an affidavit that spells out the new circumstances and why the adjustment would improve life for your child. The other parent receives formal notice, and the case moves forward with possible mediation or a full hearing.
At the hearing, your lawyer will present all the evidence, and the judge will review it according to the “best interests of the child” factors. You do not need to prove the original order was wrong, only that circumstances have evolved enough to justify an update.
Adjusting Child Support Payments
Support orders follow slightly different rules, and they focus more on numbers than anything else. If three or more years have passed since the last order, you can often request an adjustment if the new guideline amount would differ by at least 10% from the current one. When less than three years have gone by, you need a 15% difference, plus proof of a material change in circumstances, to successfully request a change.
Talk to a Family Law Attorney for Modifications in Ogden, UT
Children grow, jobs evolve, and circumstances keep shifting, even after you have solid child visitation and support orders in place. The courts are aware that this happens, and you can always go through the process if a substantial change takes place in your life or the life of your child. It’s also important to get working on a change as soon as you see a need for it rather than waiting until problems pile up. Small delays can create larger financial or emotional issues for you all.
The process is open to you, but, like most legal matters, it can feel overwhelming to the average person. Contact the Porter Family Law Firm today in Ogden or Vernal, UT to talk through your specific situation.
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