Rule 106.Modification of final domestic relations order
Part XII: Family Law · Last amended May 1, 2026 · Last verified July 13, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.
In one sentenceRule 106 lays out how a party starts and litigates a petition to modify a final divorce decree or other domestic relations order, including how the court can make temporary changes to custody, parent-time, or child support while the petition is pending.
Full Text of Rule 106
Text sizeEffective until May 1, 2026 — jump to: (a)(b)
Rule 106. Modification of final domestic relations order — Effective until May 1, 2026
(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 must be commenced by filing a petition to modify. Service of the petition, or motion under Section 30-3-37, and summons upon the other party must be in accordance with Rule 4. The responding party must serve the answer within the time permitted by Rule 12.
(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:
(A)may order a temporary modification of child support as part of a temporary modification of custody or parent-time; and
(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.
(2)Nothing in this rule limits the court’s authority to enter temporary orders under Utah Code Section 30-3-3.
Rule 106. Modification of final domestic relations order — Effective May 1, 2026
(a)Commencement; service; answer. Except as provided in Utah Code section 81-9-209, proceedings to modify a divorce decree or other final domestic relations order must be commenced by filing a petition to modify. Service of the petition, or motion under section 81-9-209, and summons upon the other party must be in accordance with Rule 4. The responding party must serve the answer within the time permitted by Rule 12.
(1)The judgment, order, or decree sought to be modified remains in effect while the petition is pending. The court may make the modification retroactive to the date on which the petition was served. While the petition to modify is pending, the court:
(A)may order a temporary modification of child support as part of a temporary modification of custody or parent-time; and
(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.
(2)Nothing in this rule limits the court’s authority to enter temporary orders under Utah Code section 81-1-203.
Amendment History
Effective until May 1, 2026
Added effective November 1, 2003; amended effective April 1, 2004; November 1, 2005; November 1, 2007; November 1, 2021; May 1, 2026.
Effective May 1, 2026
Added effective November 1, 2003; amended effective April 1, 2004; November 1, 2005; November 1, 2007; November 1, 2021; May 1, 2026.
Plain-English Summary
A divorce decree or custody order isn't necessarily the end of the story — circumstances change, and Rule 106 governs how a party goes back to court to change it. The process starts with a petition to modify, served along with a summons under Rule 4, and the responding party answers within the time set by Rule 12. The existing order doesn't disappear the moment someone files a petition to modify it: it stays in effect while the petition is pending, though the court can make any eventual modification retroactive to the date the petition was served.
The rule also gives the court room to act before the petition is fully resolved. While the case is pending, the court can enter a temporary modification of child support tied to a temporary change in custody or parent-time, and it can temporarily modify custody or parent-time to address immediate and irreparable harm or to formally ratify changes the parties have already made on their own — as long as the change serves the child's best interests. None of this limits the court's separate authority to enter temporary orders in the underlying domestic relations case. The rule was amended effective May 1, 2026 to update its statutory cross-references following a recodification of the domestic relations code, without changing how the modification process itself works.
Frequently Asked Questions
How does a party start a proceeding to modify a divorce decree or custody order?
By filing a petition to modify, then serving the petition and a summons on the other party in accordance with Rule 4. The responding party must serve an answer within the time allowed by Rule 12.
Does the existing order stay in effect while the modification petition is pending?
Yes. The order the party is seeking to modify remains in effect during the pendency of the petition, though the court can later make any modification it grants retroactive to the date the petition was served.
Can the court change custody or support before deciding the modification petition?
Yes. While the petition is pending, the court can order a temporary modification of child support as part of a temporary custody or parent-time change, and it can temporarily modify custody or parent-time to address immediate and irreparable harm or to ratify changes the parties have already made, provided the change serves the child's best interests.
What changed in the rule effective May 1, 2026?
The amendment updates the rule's cross-references to the Utah Code following a recodification of the domestic relations statutes; it doesn't change how a party commences a modification proceeding or how temporary orders work while the petition is pending.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as:petition to modify divorce decreemodify custody order utahchange child support ordertemporary custody modification pending petitionmodify parent-time order