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How to Modify Custody or Support Orders in Utah

  • Apr 20
  • 3 min read

Updated: Apr 27

Life changes — and sometimes the court orders issued during a divorce or custody case need to change too. Utah law allows parents to modify custody, parent-time, and child support orders, but only under specific circumstances.

Here’s a clear guide on when and how you can request a modification in Utah.


When Can You Modify a Custody or Support Order in Utah?

To modify any existing court order, Utah requires a “material and substantial change in circumstances.” This means the change must be significant enough that the original order no longer fits the child’s needs or the family’s situation.


Common reasons courts approve modifications:

1. Major changes in income

Job loss, a new job, or a large increase/decrease in earnings may justify a change in child support.

2. Changes in a parent’s ability to care for the child

This may include work schedules, health issues, or increased responsibilities.

3. Relocation

A parent moving far away or out of state can affect both custody and parent-time schedules.

4. Safety concerns

Substance abuse, domestic violence, or unsafe home conditions can support a request for modification.

5. Change in the child’s needs

Schooling, medical needs, or developmental changes can require updated arrangements.

6. Consistent failure to follow the current order

If one parent is not following the existing agreement, the court may update it.


Modifying Child Custody in Utah

To modify custody, you must show:

  1. A significant change in circumstances, AND

  2. That the proposed change is in the best interest of the child.

Courts look at several factors, including:

  • Stability of each home

  • The child’s adjustment and well-being

  • Parental cooperation

  • Safety and emotional needs

  • Each parent’s involvement

Some cases require evaluations, mediation, or hearings.


Modifying Child Support in Utah

Utah allows support modifications when:

1. It has been 3 or more years

AND the new calculation changes support by 10% or more.

OR

2. A substantial change happened (within 3 years)

Examples include:

  • Job changes

  • Medical issues

  • New childcare costs

  • Custody or parent-time changes

Support can increase or decrease depending on the new income and parenting schedule.


How to Request a Modification: Step-by-Step

1. Gather documentation

Financial records, proof of changes, medical statements, or anything that supports the requested change.

2. File a Petition to Modify

This is an official court filing requesting the change.

3. Serve the other parent

They must be formally notified.

4. Mediation (typically required)

Parents meet with a mediator to try to reach an agreement.

5. Court hearings (if needed)

If no agreement is reached, a judge will decide after reviewing evidence.


How Long Does a Modification Take?

  • If both parents agree: 1–3 months

  • If contested: 6 months to over a year depending on complexity and court schedules

Do You Need an Attorney to Modify Orders?

You’re not required to have one — but modifications affect long-term custody, visitation, and financial stability. An attorney helps you:

  • File correctly

  • Avoid delays

  • Present strong evidence

  • Negotiate agreements

  • Protect your rights


Need to Modify Custody or Support in Utah? We Can Help.

At Aspen Legal Services, we assist parents throughout Utah and Salt Lake City with custody and support modifications. Whether circumstances have changed or you’re unsure if you qualify, we’ll guide you through the process and help protect your family’s best interests.


Contact Aspen Legal Services today to discuss your options.



 
 
 

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