Need for a decision in the event of a revised parenting plan?


Questioner

We, as parents of our daughter, have been separated since 2018. The parenting plan was provisional and was then ratified in mediation by the court. There is a court order of that. The father leaves the indexation behind for a year, and recently he corrected this again. In the meantime I have asked the LBIO for help about this. Now we have a new parenting plan, incl. new higher amounts. 1) Does it have to be ratified by the court again? Or is a new parenting plan with signature sufficient? Can I also easily get the alimony via the LBIO in case of non-payment without a ruling? 2) If it offers advantages, can the mediator arrange a ruling at my request? Or do we both have to ask for it?

Lawyer

If you have changed the parenting plan and new agreements have been made about maintenance, it is wise to record these agreements in a new court order. This offers more certainty and prevents ambiguities about the validity of the parenting plan. Without a order, you cannot collect maintenance via the LBIO in the event of non-payment. If you ask the mediator/lawyer to arrange a ruling, it is important that the other parent agrees. A ruling can only be issued if both parties agree on the content of the parenting plan. If the other parent does not agree, you will still have to start a procedure through the court to have the new agreements recorded in a ruling.

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