Enforcements and Modifications Attorney, St George Utah
You have to deal with enforcement and modification procedure in your divorce. The court has ordered you to do that, but you don’t know how to go about it.
Request a consultation with the Utah Law Firm of Attorney Travis Christiansen, who is experienced in removing or modifying child support, spousal maintenance, and property or assets.
Modification of Child Custody
If you have a shared legal or physical custody order, it most likely specifies the form of conflict resolution you and your spouse must utilize before you may petition the divorce court to amend your custody arrangement.
Of course, you are not limited to the method outlined in the order; you may also use Alternative Dispute Resolution (ADR) procedures. You may submit a petition to amend and a stipulation to enter judgment after you have resolved your issue.
Suppose you and the other parent do not agree to the modification. In that case, the court determines whether there has been a material and substantial change in your circumstances (for example, if a parent has remarried) since the prevailing order was entered and whether changing custody would be beneficial and in the best interests of your child.
If the matter is challenged, you must produce proof to back up your claims.
When Can You Ask to Modify a Custody Order?
Only a few instances in St George Utah allow for a child custody change. These conditions can occur only if they are in the kid’s best interests. Such conditions must also meet the following criteria:
- A significant change in the child’s or parent’s circumstances happens after the first custody arrangement.
- The kid is 12 years old or older and voluntarily petitions the court for a change.
- The custodial parent freely grants the other parent custody.
If an existing custody arrangement seems to be working for all parties, the court will not consider changing custody. The court’s primary concern is satisfying a child’s best interests when it comes down to it.
If your cause for change seems to be frivolously interfering with your child’s well-being or way of life, the court will deny your motion. However, if your reasons are one of the instances listed above, you may be able to change your present custody arrangement.
Support for Children
A change in custody may necessitate a change in child support. If fewer than three years have gone and there has been a “substantial change” in any of the following, a petition to adjust child support must be filed.
- Terms of custody
- A parent’s wealth or assets
- A parent’s income (plus or minus 30 percent)
- The possibility of work and the capacity of a parent to make a living
- The child’s medical requirements
- A parent’s legal duties for the support of others
- Healthcare coverage availability or cost
- Childcare expenditures are incurred by either the payer or the recipient of child support as a result of their employment or schooling.
- The child’s emancipation via marriage or coming of age
The significant change must result in a 15% or more discrepancy between the amount imposed by the decree and the amount needed by state standards.
Your Child’s Custody Preference
A judge will interview any child aged 12 or older at a custody hearing. A confidential interview with the judge will take place outside of the courtroom. Afterward, they’ll ask your child which parent they desire to reside with.
A child’s desire to live with the other parent will only be granted if it is in the child’s best interests. Interviewing younger youngsters is possible.
The court will modify child custody if the custodial parent freely relinquishes possession. This voluntary request must be made for six months or more. This clause does not apply to custodial parents who temporarily relinquish custody while serving in the military.
Support Modifications and Enforcement
A modification of child support or spousal support are possible if the original order becomes impracticable due to a change in circumstances. Please call our law office if you are unable to pay child support and are requesting a modification.
Additionally, we can assist you in requesting an increase or reduction of assistance after a work change or significant injury. Our child support enforcement and modification attorney can educate you about your legal rights and assist you in obtaining the financial stability you need.
If a person ordered to pay child support or spousal support fails to do so, support might be enforced. Additionally, we may assist you in enforcing support payments. Don’t hesitate to contact us for a consultation if you are seeking to enforce an existing child support order or spousal support order or if you need to fight against planned enforcement.
Parenting Plan, Alimony and Other Modifications
Modifications to parenting arrangements, alimony, and other divorce decrees are also possible. Parenting plans outline ex-spouses’ steps to reach a new parenting arrangement. If the parents submit conflicting parenting arrangements, the court may appoint a guardian ad litem to represent the child’s best interests.
The guardian ad litem may also be asked to create a parenting plan, which the court may accept in part or whole.
Alimony orders may be changed if there is a major change in circumstances, such as the payer’s loss of work or bankruptcy or the payee’s remarriage or cohabitation.
Ensure The Terms of Your Divorce Settlement are Observed
If your ex-spouse breaches any of the terms of your divorce order, our legal team at Boyack Christiansen Legal Solutions files contempt of court petition, replete with supporting papers and subpoenas of any witnesses who corroborate your allegations, and we make certain that your ex is served.
Once the court rules in your favor, we keep your ex accountable for meeting the court’s ruling within the time frame specified.
Seek Legal Help with Enforcements and Modifications Attorney Today
If you are seeking legal services assistance regarding the Enforcement and Modifications of child support, you must find a qualified family law attorney that has a well-established reputation for delivering results in your community.
Right now, in the state of Utah, as well as throughout the United States, there are too many attorneys that make promises they cannot or will not keep.
With the information above, you should be able to find and work with a lawyer easily for legal representation. But if you are unsure about what steps you need to take next, it makes sense to get some legal advice. Get in touch and get the help you need today!