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Petition to Modify and Temporary Orders.

Often times, I have a client come into my office because their income changed, and they want their child support updated. Other client's request that I assist them with changing parent-time or some other child related matter. Rule 106 of the Utah Rules of Civil Procedure governs motions for temporary orders when a Petition to modify has been filed. There are strict requirements that must be met in order to obtain the temporary order. If you are interested in modifying your domestic order, give attorney Gavin V. Collier a call.

Please find the relevant rule...

Rule 106. Modification of final domestic relations order.

(a) Commencement; service; answer. Except as provided in Utah Code Section 30-3-37, proceedings to modify a divorce decree or other final domestic relations order shall be commenced by filing a petition to modify. Service of the petition, or motion under Section 30-3-37, and summons upon the opposing party shall be in accordance with Rule 4. The responding party shall serve the answer within the time permitted by Rule 12.

(b) Temporary orders.

(b)(1) The judgment, order or decree sought to be modified remains in effect during the pendency of the petition. The court may make the modification retroactive to the date on which the petition was served. During the pendency of a petition to modify, the court:

(b)(1)(A) may order a temporary modification of child support as part of a temporary modification of custody or parent-time; and

(b)(1)(B) may order a temporary modification of custody or parent-time to address an immediate and irreparable harm or to ratify changes made by the parties, provided that the modification serves the best interests of the child.

(b)(2) Nothing in this rule limits the court’s authority to enter temporary orders under Utah Code Section 30-3-3.