Utah Family Law Questions & Answers

Q: Can my husband's ex wife claim old child support if she forgave our debt years ago? She is not claiming. Just curious.

1 Answer | Asked in Family Law for Utah on May 16, 2014

Answered on May 22, 2014

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Cory Hundley's answer
There is certainly a chance she will be able to enforce the unpaid child support. In Utah, child support is determined by statute, not by agreement, and the child support obligation is based on the current order of a court. If you have not modified the order based on reduced income or change in circumstances, then the originally ordered amount still applies. Additionally, unpaid child support can be pursued even after a minor child becomes an adult. She could potentially pursue the unpaid...

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Q: Can a parent restrict visitation if I am 1 week late on my half of a medical bill? current on all others

1 Answer | Asked in Family Law for Utah on Dec 21, 2013

Answered on Dec 25, 2013

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Cory Hundley's answer
Generally, payment of support, whether monthly child support or for medical care, and visitation rights are separate rights that do not affect each other. If the terms of your custody order grant you visitation or custody over Christmas, then the mother has an obligation to permit travel consistent with the terms of the order regardless of the medical bill. I would recommend having an attorney review the terms of the custody order to help you understand exactly what your rights are.

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Q: I have full custody of our four children, and my x husband has parent time. i would like to relocate out of state

1 Answer | Asked in Family Law for Utah on Jan 15, 2013

Answered on Feb 2, 2013

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Jason F. Barnes' answer
The question is very fact dependent. I suggest that you call my office 801-546-3874 so we can discuss this matter in detail. Because of the nature of the question, any attorney you talk with about this will have to make sure that they do not have a conflict of interest.

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Q: Can I stop my ex-wife from taking our children to a foreign country

1 Answer | Asked in Family Law for Utah on Oct 29, 2012

Answered on Nov 7, 2012

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Jason F. Barnes' answer
The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

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Q: Can I evict a 23 year old child that will not pay anything to help with bills and wonn't follow reasonable rules?

1 Answer | Asked in Family Law for Utah on Aug 15, 2011

Answered on Mar 19, 2012

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Michael B. Ipson's answer
Yes, you can. Of course you, would need to follow current eviction laws to do so. I recently helped a mother evict her daughter who was emotionally and physically abusive.

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Q: When paying child support can the support be based on income from overtime pay?

1 Answer | Asked in Family Law for Utah on Jul 5, 2011

Answered on Jan 11, 2012

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Jason F. Barnes' answer
The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

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Q: I am a single mom and i am pregnant with a another child do i have full custody of the baby or no?

1 Answer | Asked in Family Law for Utah on Jul 8, 2011

Answered on Jan 11, 2012

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Jason F. Barnes' answer
The question is very fact dependent. I suggest that you call my office so we can discuss this matter in detail. Because of the nature of the question, I will have to make sure that I do not have conflict of interest.

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Q: I lent my sister certain items. when asked for said items she refused to return them. what should i do

1 Answer | Asked in Family Law for Utah on Jan 5, 2011

Answered on Jan 7, 2011

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Stephen Howard's answer
Theoretically, you could sue her in small claims court (assuming these are not very valuable items), or you could call the police and report the items as stolen. Whether you succeed in court would depend in part on who a jury or judge believed. If the jury/judge believed her when she said that you had given the items to her, then she probably wins the case. If the jury/judge believed you, then you would probably win.

The second part of the question is what "should" you do to get the...

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