When there is a break in a relationship, we always wonder who will get custody and how it will be determined. Well, it is mostly because of the process that the parties follow in the request for custody of the child.
In the event that parents reach an out-of-court settlement on custody of their child and visits, the answer to such question depends on the parents themselves, usually with the intervention of lawyers, counselors or mediators – in this case, the judge. The manager will only have to proceed to endorse the decision, as well as approve it.
If the parents, in a custody trial, do not reach any kind of agreement, then the decision on custody will fall on a court, usually a judge of the family.
The support orders of the children do not have an indefinite character. A judge will modify a support order based on the current circumstances of the children and the parents. The primary purpose of the judge is the best interests of the child. If you feel that the child’s best interest is not satisfied by the current support order, contact a lawyer to discuss how to modify the order.
Parents can request for modification to child support. The child support orders typically determine the total amount that a non-custodial parent will regularly pay as necessary child support payments.
The payment of child support is basically for the financial benefit of the child. It is most often the courts that figure out and determine the amount that the non-custodial parent will pay to the parent who holds the custody.
You must know that it is only a court that can change or modify the child support payments ordered due to certain material changes in circumstances and situations. A material change of circumstances can take several different forms, such as the change in custody, a large inheritance, the change or loss of employment, a change in the total amount of time shared with the child, or consistently late payments for child support.
A significant change of circumstances may also be due to a new situation for the child, such as the need for special education, significant medical expenses, or other unexpected needs. These are some common reasons to understand better the basic scenario of requesting an amendment to child support.
Additionally, when a parent prevents the other from exercising access and accommodation, the aggrieved parent may lodge a complaint with the public prosecutor in the high court of the child’s home.
Always keep in mind that both parents are financially responsible in numerous ways for their children, after divorce or separation, while they are minors – this often implies that until the child becomes eighteen years of age unless the child is suffering from some kind of disability. In such circumstance, considering the severity of the disability and overall health condition, the parents may lawfully be responsible for the child’s care and support throughout their life.
If you think that there has to be a modification in child support order because of one or more reasons, it is imperative to consult a well-versed family attorney to figure out what steps to take.