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.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

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How To Modify Your Custody Agreement