Child support and parenting plan orders are not final. The law may review and reopen these without extraordinary circumstances. Questions about family matters may be controversial. Know the concepts and realities behind these family concerns in the legal field.
Best interests as circumstantial factors
The “best interests” of a child vary per case. While there are basic factors to consider, the court determines the essential matters. This means that while one parent may have better financial stability, the needs of the child may point to a more invested and emotionally attached parent.
The ruling depends on the affidavits and pieces of evidence submitted by the parties. During the whole ordeal, get assistance from a modification lawyer. St. George, Utah law firms specializing in family laws defend your fitness as a parent.
Automatic shifting of obligations
Custody may be changed by motion of the other parent or the court after finding out that the parent who received custody has been reneging on their duties. This, however, does not mean that there will be an automatic shift of child support duties.
Child support is a separate matter. After finding out that the person who gives support is the more capable of the two parents, the court keeps the obligation despite the award of custody. The parent, however, may file for a motion to relieve them of a percentage of the responsibility. The less capable parent may contribute to this.
When the court finds that a person was wrongfully made to pay support for a child, there may be a motion for restitution. Restitution is the payment of the amount of support paid for the benefit of the child by a person who did not have the obligation to do so. This usually happens in cases of fraudulent paternity claims. The person who has the duty to pay the support shall pay for the restitution.
Remember that courts scrutinize matters that involve the life and welfare of a child. When you consult an experienced lawyer, disclose all the facts in order to build your case fully.