What are the legal rights of my daughter after divorce now that she is on her feet and in a good place?

Are there custody, parenting time and support orders in their dissolution decree? If so, then the ex-husband would have to file a petition with the court to modify any of those orders.

Parenting time is always reviewable, and custody is reviewable if he can show a change of circumstances warranting a review of it. The change is generally something negative with the mother or the children.

She has whatever rights the custody order gives her. He can always challenge, but he will have to establish that there has been a material and substantial changes in circumstances.

I see this kind of thing every day, so your daughter has my sympathies. Still, I am not sure what your question is. It is encouraging to see that your daughter is doing fairly well a year after her divorce, but unfortunate to see that her ex-husband is complaining about having to pay child support ( and thus complaining about child custody). Although it may seem counterintuitive, the first question to ask is not "What are my rights?," but "I wonder if my ex-husband really is struggling financially through no fault of his own?" If her ex-husband is not making much money despite his best efforts, it is understandable if he is grousing about having to pay child support. I am not saying that he shouldn't have to pay, but all of us understand what it feels like when our financial obligations exceed our income or come close to exceeding our income. No one likes feeling short on cash. If the ex-husband is strapped but doing the best he can, the best thing for your daughter to do is to be and to show understanding. Notice I did not say that she needs to be indulgent or just forget about his arrearages. Your daughter should be sure to document (with a letter, and an e-mail, of which she keeps copies for her records) what her ex-husband's monthly child support obligation is and that she expects him to pay that, but that while he is struggling, she will accept a reduced amount and not pursue the arrearages until he's in a better financial position to pay both the full monthly amount and his arrearages. Now if the ex-husband is capable of paying child support, but just doesn't want to, and then claims that he wants to increase his share of child custody so that it will reduce his child support obligation, that's a different story. Yet it may still prove better to be cooperative with recalcitrant ex-husband than it would be to pursue him ruthlessly. Before we talk about how to deal with an ex who won't pay child support, I will tell you about what options your daughter may have available to her. If her ex-husband is employed by someone else and receives a paycheck, she can go to the Office of Recovery Services or ORS (ORS's website link is here: http://www.ors.utah.gov/child_support_services.htm) to request garnishment assistance. ORS can issue an order to the ex-husband's employer directing the employer to pay your daughter child support that he owes each month before they pay their employee. ORS can also garnish bank accounts and intercept tax refunds to recover money owed to your daughter for unpaid child support. You can also file what is known as a motion for order to show cause with the court and asked the court to punish the ex-husband until he brings his child support payments current and stays current. What kinds of punishment can the court imposed? Among other things, jail time, revocation of drivers and professional licenses, terms of community service, and other things that most people would prefer to avoid by paying child support. Nevertheless, forcing people to make payments is often counterproductive in the long run. Many child support obligors who are forced to pay what they feel is unfair will often quit their jobs or become self-employed (ORS is virtually powerless to collect money on a monthly basis from a self-employed person) just to reassert some sense of control over their lives. And yes, some child support obligors quit their jobs or become self-employed simply to have the power over child support. As your daughter is also experiencing, many people who feel their child support is too high will go back to court asking for more child custody as a means of reducing their child support obligations. Sometimes, as hard as it is to admit and accept, it is better to work *with* these kinds of people that to work * against* them, even though they are not deserving of your cooperation or consideration.you have to balance being a doormat against being practical, but it's what a mature person often has to do. Tal

You have provided too little information. She should look at her Judgment to see what was ordered.

The final judgment controls until a judge changes it.

The decree is a final order if it was not appealed. She abides by the decree as to visitation, custody, support, property division and debt division. If either party wishes to make a change temporary or permanent, the two parties can either agree to the change or the one seeking the change can go to court on a motion to modify the existing conditions. Changes are not made lightly by the court, and there must be a reason, such as a material change in the circumstances. As to children, any change must be determined by the court to be in the best interests of the children.