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Questions Answered by Paul Waldron
1 Answer | Asked in Divorce for Utah on
Q: Am I entitled to a portion of my wife's house even though it's in her and her mom's name

It was purchased while we were together but not married yet

Paul Waldron
Paul Waldron
answered on Jun 28, 2022

As always, it depends. What was the arrangement between your wife and her mother in the purchase of the home, did your wife use premarital money to make payments towards the home (taxes, maintenance, mortgage, etc.) during the marriage, or did you have a premarital or postmarital agreement... View More

1 Answer | Asked in Family Law for Utah on
Q: In Utah are you required to turn over financials in a grandparent visitation case?

I don't want opposing side to know I'm almost out of money to keep fighting for visitation.

Paul Waldron
Paul Waldron
answered on May 31, 2022

Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).

This is from Rule 26.1, Utah Rules of Civil Procedure...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Utah on
Q: Can I get emancipated from a family that's abusive without legal consent from my parents? I'm 16

I've recently ran away from home because my dad has been abusive for years and I have gotten a bunch of support from my friends and my friends got me out of the house. I was in some trouble for another legal thing that I also need answers for. When I ran away I was talking with my local police... View More

Paul Waldron
Paul Waldron
answered on Jun 10, 2021

The quick answer: you are on your way. You usually have to complete your high school education and show that you have provided for yourself and can continue to provide for yourself for at least 6 months before you can be emancipated.

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1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can proctor parents legally open their child's mail if their child is no longer a minor?

My friend is 19 years old. He recently reported to me that his proctor parents have been opening his mail, and have told him that he has no right to his possessions while under their custody and they can legally do whatever they want with anything of his, including taking away his money earned at... View More

Paul Waldron
Paul Waldron
answered on May 21, 2021

It depends. Generally speaking, without any other information regarding your friend's situation. Do the proctor parents have a custody or guardianship order? If they do, they likely have a right to open your friend's mail and may have a right to control his finances. Also, if they... View More

1 Answer | Asked in Child Custody, Child Support and Native American Law for Utah on
Q: I’m not on the birth certificate and I haven’t taken a paternity test and I don’t want to be apart of it what can I do ?

I don’t want to be apart of the child’s life

Paul Waldron
Paul Waldron
answered on Apr 9, 2021

You are not required to spend any time with the child.

As for child support, unfortunately you can only wait for the other shoe to drop or deal with the issue definitively. If you want to simply deal with the issue, you can obtain a paternity test; there are various ways to make this...
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3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica

Paul Waldron
Paul Waldron
answered on Oct 7, 2019

In Utah you would need to file a probate action, get yourself appointed as personal representative, and have yourself declared the sole heir of the estate. You would be best served by retaining an attorney that works in the estate probate area of law that is also near where your father's... View More

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1 Answer | Asked in Family Law and Child Support for Utah on
Q: My son is planning on moving out of his mother's house for conflict reasons. Do I have still have to pay child support?

He is 18 and dropped out of high school and is moving out due to conflict with his mom and her husband.

Paul Waldron
Paul Waldron
answered on Feb 21, 2019

Whether you continue to pay or not depends on your court orders. You should immediately get the matter before the Court for an order changing your child support obligation, whether that is paying your son the child support directly (and the mother also paying her obligation directly to your son)... View More

1 Answer | Asked in Family Law and Child Support for Utah on
Q: How do i go about collecting for back child support? He is currently 5 months behind and we both live in Utah
Paul Waldron
Paul Waldron
answered on Jun 11, 2018

The least expensive way is to contact the Utah Office of Recovery Services (ORS) and ask them to collect for you. However, this takes several months. If you are in a hurry and have the means, you can hire a private attorney to enforce the existing child support order, obtain and judgment and... View More

1 Answer | Asked in Child Support for Utah on
Q: I have my kids for a month during the summer. am I required to pay that month child support since they are in my care?

In turn is my ex required to pay me child support for that month of care?

Paul Waldron
Paul Waldron
answered on Jun 11, 2018

Generally, and without looking at your particular Decree of Divorce, which is the law of your case, pursuant to Utah Code Section 78B-12-216:

(1) The base child support award shall be:

(a) reduced by 50% for each child for time periods during which the child is with the noncustodial...
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1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Does my ex have the right to refuse me taking my kids overnight just because he wants to meet my boyfriend?

My ex says "I'm not having my girls over there (my place) until I meet him and talk to him for 2 minutes." And he also doesn't want me around while he does this.

Paul Waldron
Paul Waldron
answered on Jun 8, 2018

It depends on the terms of the court orders. Generally, the other parent cannot control who the other fparent allows to be around the children. However, if there are no court orders, whoever has the children has custody and you are stuck with what your boyfriend may agree to until you get court... View More

1 Answer | Asked in Probate for Utah on
Q: Do I even need to file for probate?
Paul Waldron
Paul Waldron
answered on May 31, 2018

It depends on the nature of the estate of the decedent, the size of the estate of the decedent, and whether the decedent died with a will or not (testate or intestate). Further information is needed to fully answer your question. Working with an experienced lawyer will help you more fully... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: When my girlfriend turns 18 and i marry her, can she legally move in with me even if she has some "disabilities"?
Paul Waldron
Paul Waldron
answered on May 31, 2018

It depends on your girlfriend's level of "disabilities" and whether or not someone else has guardianship of her. Otherwise, generally speaking, without any other information regarding your situation, there is nothing stopping your girlfriend from moving in with you when she turns... View More

1 Answer | Asked in Child Custody for Utah on
Q: With uninterrupted parent time during the summer must the parent be with the child during that time?

My husbands ex-wife is trying to send their daughter to another state during her uninterrupted parent time to be with a family member and she will not be with their daughter during this time. They have 50/50 joint physical and legal custody.

Paul Waldron
Paul Waldron
answered on May 31, 2018

More information is needed regarding your husband's situation. In order to answer your question it is important to know the specific terms of your husband's Decree of Divorce and any other orders and facts in your husband's divorce case. One question, for example, is whether or not... View More

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: How hard is it to get full custodial/ parental rights for my two kids?

Kids were born between 2004 -2007. The father and I were never married and I've been their only supporter during this time. The father and I separated in 2008 when he moved to Idaho, and I've been supporting them solely ever since. There is a court order for child support which was paid... View More

Paul Waldron
Paul Waldron
answered on Mar 16, 2018

Generally speaking, without any other information regarding your situation, your chances of getting sole custody completed through the court system is 100%, as long as you can get the father served with the court papers. De facto, you have 100% sole custody right now, so it is unclear why you want... View More

1 Answer | Asked in Child Support for Utah on
Q: I have physical custudy of my son and joint legal custudy. My son has been living with me since the divorce in 2010.

Due to actions of my son my ex husband and I have decided its best for my son to go live with him for a year. My ex has always paid child support on time and never has missed. With the change of him living with my ex and how should child support change?

Paul Waldron
Paul Waldron
answered on Mar 16, 2018

Generally, and without looking at your particular Decree of Divorce, which is the law of your case, you would pay your ex child support in the amount indicated on the child support worksheet used to determine child support that you have received from your ex. Your respective child support... View More

1 Answer | Asked in Family Law and Adoption for Utah on
Q: My child’s father is willing to sign his rights over. He is incarcerated what is my next step?

My husband wants to adopt him and has been in his life since he was 5 months old. I just need to know what paper work I need to file for relinquishment of rights

Paul Waldron
Paul Waldron
answered on Jan 31, 2018

Normally the relinquishment of rights is part of the paperwork that goes along with proceeding with an adoption. It is best to consult with and retain the assistance of an attorney that deals with stepparent adoptions to assist you in getting all the necessary paperwork to begin and complete your... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: I inherited $ from a grandparent. I used part of the money to buy a vehicle. My ex says it's now 1/2 hers. True?

I live in Idaho. Is this my property because of this or is my ex entitled to 1/2? Thanks

Paul Waldron
Paul Waldron
answered on Jan 31, 2018

The legal answer is always, "It depends".

In Utah, your inheritance is your inheritance. However, it does depend on whether you commingled your inheritance money with marital assets prior to your divorce. For example, did you put the money in a joint bank account before you...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Utah on
Q: My boyfriend is finally getting a divorce from his ex does she have a right to say I can’t be around the kids? Legally.

He lives with me and so it is pretty hard for me not to be around them

Paul Waldron
Paul Waldron
answered on Oct 18, 2017

Legally, it will depend on the terms of the court orders. Generally, a former spouse cannot control who the other former spouse allows to be around the children, but it depends on what your boyfriend may agree to as divorce settlement. Unless you are an ax murderer, drug abuser, child abuser,... View More

1 Answer | Asked in Child Support for Utah on
Q: Will I have to continue child support for another year if custodial parent making son take his junior year again?

Custodial parent and son moved from nc to ut. Son was going to graduate in 2018 in nc. Son was taking college courses in high school doing great. Now in Utah he is taking his junior year again because cp doesn't think he's mature enough for college. I will file in January to end child... View More

Paul Waldron
Paul Waldron
answered on Oct 17, 2017

It depends on the terms set forth in the court orders. If it is originally a North Carolina decree, then North Carolina law as applied to the existing decree will control. In Utah, often the decree will have language that child support continues until the child turns 18 or graduates from high... View More

1 Answer | Asked in Child Custody for Utah on
Q: What is the chance that a judge would separate half siblings that have grown up together with a strong bond. 5 & 8 yr

I have sole custody of my 8yr daughter and a 70/30 of my 5 yr old. The schedule is about to change for his school schedule to every other weekend with his dad. His dad says he wants 50/50 now but I don't want to separate my kids. They have a strong bond and the term half siblings has never... View More

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

The second factor that the judge must always consider, after a change in circumstances, is the best interests of the child/children. You have made the argument above that, though there may be a change in circumstances, it is not in the best interests of your son to live under a 50/50 parent-time... View More

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