Upon the dissolution of the marriage, the spouses usually enter into an agreement regarding the distribution of their assets, the payment for the support of the children and the custody of the kids. The terms and conditions are put into writing; and the contract will govern all the rights and obligations of the parties involved. One of the most common items that are settled between the partners is the support of the children.
The agreement as to who pays for the basic needs of the children and other necessary expenses are embodied in a private contract. However, it must be noted that the non-impairment clause of the said contract cannot limit the court from modifying some of its content. When there are substantial changes in the factual circumstances of the case, the proper court may change what was provided in the agreement for child support. Nevertheless, the judge must not act arbitrarily in changing the contents of the contract since the rule that the contract is the law between the parties still governs. More importantly, the court can only do so when the children involved are minors, according to lawyers in Waukesha.
When there is a court order for child support, it can also be modified upon the motion of a particular party. The movant must show that there are various grounds for the grant of modification of the order. As already mentioned above, the change must not be arbitrarily done. Otherwise, the judge may be held to have acted with grave abuse of discretion amounting to lack or excess of jurisdiction. The court, in acting to all these cases, put into consideration the best and primary interest of the children involved.
In every agreement that you enter with your ex-husband or ex-wife, be sure that you look into all the aspects that may be affected by your settlement. Understand the provisions of the private contract before affixing your signature. Check whether the rights of your children will be highly promoted and protected by signing the said contract.
To ensure that you are on the winning end, you can always hire the services of a lawyer. This person can help you understand the legal side of the actions that you will be taking. At the same time, he can also enable you to make the best decisions for you and your children. He can also represent you in court in cases where court appearances are required.