In Utah, many couples going through divorce choose mediation rather than the more traditional litigation. You might find many benefits by taking this path, including a reduction in time and costs, according to the Utah Courts. As a divorce lawyer, I can tell you that divorce can be long and difficult or fast and easy. Usually cases resolve in mediation. Some people wonder however, how final is the agreement that you may reach in mediation?
IS A DIVORCE AGREEMENT FROM MEDIATION THE FINAL SAY?
The agreement that you, your spouse and the mediator develops has the same power as an order from a judge, which basically means that it will be very difficult to change it once you sign it. This is because you have had a hand in creating it, and your name is on the document that is filed with the court. When you select this method, you and your spouse meet with an objective third party to discuss each issue that will be a part of the divorce agreement. This may include any property division, spousal support and custody arrangements.
You are not forced to stay in the procedure after you have begun it, however. Any party, including your mediator, has the right to terminate the process at any point, especially if you are not making adequate progress in coming up with a mutually acceptable agreement. For example, you and your spouse might disagree too much and therefore, need a different avenue for making decisions. Therefore, you might want to prepare for a trial in the early stages of the process just in case you decide later that you are unable to come into agreement with your spouse.
If you go through mediation and do not come up with a final resolution, then you will go back to the courts for litigation. This information is intended to only educate and should not be considered legal advice.
UNDERSTANDING UTAH CHILD SUPPORT MODIFICATION GUIDELINES
If significant changes have occurred to you or your child’s other parent’s circumstances, you may wish to have the grounds of your current child support agreement modified. It is important to be aware, though, that there are several requirements that must be met for the Utah family law court system to review a current child support order. You should also keep in mind that there is more than one option for pursuing child support modifications.
According to the Utah Courts, there are two primary forms that you can use to request a child support modification. A petition to modify child support provides several grounds for which changes may be warranted. While it is generally required that your current child support order be at least three years old for modifications to be considered, you may be able to file a petition if material changes in circumstance have occurred. Such material changes can include but are not limited to changes in:
- Custody arrangements
- The child’s medical needs
- The custodial or noncustodial parent’s income
- The child turns 18 or is emancipated
The other option is to file a motion to modify child support. Motions are generally only considered in cases where your current order is at least three years old and there is at least a 10 percent difference between the current and requested amount of support. Beyond that, the amount of child support that you request should be permanent and consistent with state guidelines.
Free Consultation with Divorce Lawyer
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506