Decree Modification Assessment

Key Requirements

• File in the same court that issued the original decree
• 120-day service deadline — you must serve the other party within 120 days of filing
• Response time: 21 days (in-state) or 30 days (out-of-state) for the other party to respond
• Filing fee: approximately $325
• Retroactive modifications are generally not allowed — changes take effect from the date of filing

Common Grounds for Modification

• Child custody: Relocation, safety concerns, child turning 14 (can express preference), significant schedule changes
• Child support: Income change of 30% or more, job loss, child aging out
• Alimony: Remarriage (automatic termination), cohabitation, significant income changes, retirement, disability
• Property: Discovery of hidden assets, errors in division calculations

Why Mediation for Modifications?

Mediation is often the fastest and most cost-effective way to handle decree modifications. Instead of spending months in court, you and your ex-spouse can negotiate new terms with a neutral mediator — often in just 2–4 sessions. The agreement is then submitted to the court for approval, saving both time and money. Many Utah courts actually require mediation before scheduling a modification hearing.