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Questions Answered by Cory Hundley
1 Answer | Asked in Family Law for Utah on
Q: Can my husband's ex wife claim old child support if she forgave our debt years ago? She is not claiming. Just curious.

Her daughter is now 22. We stopped paying bc of financial struggles. We have 3 young children ourselves. The original rate was never revised after we had kids. I believe she will honor the forgiveness, and we have been low income for 6 years now (about when we had to stop paying). She is not rich,... Read more »

Cory Hundley
Cory Hundley answered on May 22, 2014

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... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I got charged with contributing to the delinquency of a minor but i am not 21 do i need to worry about this
Cory Hundley
Cory Hundley answered on Dec 25, 2013

Any time you face criminal charges, you should be very active in protecting your rights and defending the charges. You do not have to be 21 to face adult criminal charges. 18 years old is considered an adult and you can be charged with contributing to delinquency before age 21. You should speak to... Read more »

1 Answer | Asked in Child Support for Utah on
Q: My son's father has not seen him in over 3 years how do I go about terminating his rights

My son's father has not seen him in over 3 years, he has criminal and federal charges on his account he has never paid child support and would not sign the birth certificate. But we did get a paternity test for the ORS but whenever they contact him about child support he quits his job.

Cory Hundley
Cory Hundley answered on Dec 25, 2013

There are two basic options in terminating parental rights. First, you could try for a voluntary termination of his parental rights and he can sign away his parental rights. This is the fastest, easiest, and simplest way to terminate parental rights. The other way is involuntary termination of... Read more »

1 Answer | Asked in Divorce for Utah on
Q: When do the details of the divorce petition become binding? is it at time of filing or once the Judge has signed it?
Cory Hundley
Cory Hundley answered on Dec 25, 2013

This is a tricky questions that depends on the specific circumstances of your divorce. Generally, the decree of divorce is binding when it is signed and entered by a judge. However, in many cases, a judge will back date the effective date of the order to the date the petition was filed, or in the... Read more »

1 Answer | Asked in Animal / Dog Law for Utah on
Q: My ex and i broke up, He has a dog, and he hardly takes care of him. Is there anyway i can fight to own his dog?
Cory Hundley
Cory Hundley answered on Dec 25, 2013

Very unlikely. Animals are generally considered personal property and you will not likely be able to get legal ownership by claiming abuse or neglect. However, animal cruelty is a crime and you may have a chance of convincing your ex to give you the dog by threatening to report the neglect to... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Can a parent restrict visitation if I am 1 week late on my half of a medical bill? current on all others

I live in NC. My kids live in Utah with mother. I am current on my child support and all other bills I am responsible for. I purchased an airline ticket for my daughter to come here for Christmas. Because I cannot pay a medical bill until Friday, my ex spouse wants to forbid my daughter from... Read more »

Cory Hundley
Cory Hundley answered on Dec 25, 2013

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... Read more »

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