Utah Divorce Guides
Modifying a Divorce Decree
When you can modify custody, child support, or alimony in Utah — and what qualifies as a "material change in circumstances."
What Can Be Modified
✓Custody & Parent-Time
Physical and legal custody arrangements, and parent-time schedules, can be revisited when circumstances change significantly.
✓Child Support
Monthly child support obligations can be recalculated based on updated income and custody figures.
✓Alimony (if not waived)
Spousal support can be modified or terminated if your decree did not include a waiver of future modification rights.
✗Property Division — Cannot Be Modified
Once the court has divided marital property, that division is final. There is no mechanism to reopen it absent fraud or a clerical error.
Material Change in Circumstances
Every modification — custody, support, or alimony — requires proof of a material change in circumstances since the original decree was entered. Courts do not modify orders simply because one party is unhappy with the outcome.
Common Examples
•Significant increase or decrease in either party's income
•Relocation of a parent (especially out of state)
•Change in child's needs (medical, educational, or developmental)
•Recipient's new cohabitation with a romantic partner (alimony)
•Remarriage of either party
Modifying Child Support
You can request a child support modification if at least 3 years have passed since the last order, or if there has been a substantial change in circumstances at any time.
Tip: Use the ORS Calculator
Utah's Office of Recovery Services (ORS) provides an online child support calculator. Run both your current figures and updated figures to show the court exactly how much the obligation should change. Courts give significant weight to this output.
Minimum time since last order (automatic right)3 years
Substantial change threshold (anytime)No time limit
RetroactivityBack to petition date only
Modifying Custody
Custody modifications carry the highest bar of any post-decree change. You must show both:
1A substantial material change in circumstances
The change must be significant, not merely inconvenient. Courts are skeptical of manufactured or minor changes.
2Modification is in the child's best interest
The court applies the same best-interest factors used in the original custody determination. Your child's stability and continuity are weighted heavily.
High Bar
Courts are reluctant to disrupt a child's established routine. Simply preferring a different schedule or a new relationship is rarely sufficient. Document concrete, objective changes over time.
Modifying Alimony
Alimony can be modified or terminated on proof of a material change. Two events trigger automatic termination under Utah law regardless of what the decree says:
Recipient remarriesTerminates automatically
Recipient cohabitates with romantic partnerTerminates automatically
Payor's income drops significantlyPetition required
Utah Code § 30-3-5(10)
The Process
1File a Petition to Modify
Filed in the same court that entered your original decree. Include a supporting declaration detailing the material change.
2Serve the Other Parent
Formal service is required. The other party has 21 days to respond if served in Utah.
3Mediation (Usually Required)
Most Utah courts require mediation before setting a hearing on a modification petition. Many cases settle here.
4Court Hearing (If Not Resolved)
If mediation fails, the judge holds an evidentiary hearing and issues a ruling amending or denying the modification.
Costs
Court filing fee$200–$400
Mediation (per hour)$150–$300/hr
Attorney fees if contested$2,000–$10,000+
Uncontested modifications where both parties agree on the change are significantly cheaper — often just the filing fee plus a short attorney review to draft the stipulated order.
Save your results
Need help modifying your decree?
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