Legal Question in Family Law in Utah
custody change?
For the past 3 months I have had child 50/50. Decree states ex has sole (I agreed to it) with minimum visitation (he is a control freak) But with therapy he has agreed to 50/50 but he wont' agree to change decree. My lawyer says divorce too new to fight to change it before a judge. divorced 6 months ago. I am still paying ch support based on decree. Because I have had her 50/50 for so long, will a judge be willing to change the decree to support the arrangement between ex and me? I want to change to joint physical and the ch support adjusted. Is there any way to get the ch support I've paid back from ex for the past 3 months I've had her 50/50?
1 Answer from Attorneys
Re: custody change?
You cannot get back the support you already paid. You will be required to continue to pay support until there is a new order. Generally you cannot go back to court to change custody so soon, however, there are exceptions.