How To Modify Your Custody Agreement

Question About Modification Custody Order

I have a question about Modification Custody Order.  I have a child who isn’t included in the divorce decree. How do I add the child support payment to the decree?

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Answer

The court may see the omission of a child from the decree as a clerical error under Rule 60(a) of the Utah Rules of Civil Procedure. If so, there is not a deadline to file your motion to correct the decree. If the court sees this mistake coming under Rule 60(b) of the Utah Rules of Civil Procedure, there is a 90 day time limit within which you need to file a motion to correct the decree. Given the need of children to receive support, the court will likely find a way around this time deadline. However, you should file a motion on this issue now.

Cameron JohnsonHow To Modify Your Custody Agreement