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Questions Answered by Paul Waldron

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 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)... Read 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 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... Read 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 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...
Read more »

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 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... Read more »

1 Answer | Asked in Probate for Utah on

Q: Do I even need to file for probate?

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... Read 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 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 18. Working with... Read 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 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 there is a... Read 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 3 times... Read more »

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... Read 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 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... Read 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 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... Read 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 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 purchased the...
Read more »

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 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,... Read 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 support. Will... Read more »

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... Read 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 been... Read more »

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... Read more »

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on

Q: What can a parent do to defend themself against a violent teen in Utah?

I was physically attacked by my 14 yr old in front of my 3 little ones. She scratched me up and pulled out some hair before I could get away. I also scratched her in the process of getting away. As soon as I could I got the littles into a bedroom and locked the door, I called 911. When the police... Read more »

Paul Waldron answered on Mar 5, 2017

You need to consult with an experienced juvenile court lawyer. If DCFS opens a court case, you may be able to seek the appointment of a public parental defender.

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Utah on

Q: i have a son who is now 18 but failing to do chores, get a job or pay anything for room or board. Can I kick him out?

Paul Waldron answered on Mar 5, 2017

Yes! However, if there is a court order of custody until he has graduated from high school or supposed to graduate from his regularly-matriculated class, there may be some kind of child support issue. Also, if there is some kind of guardianship order of your son, that would need to be considered... Read more »

1 Answer | Asked in Family Law for Utah on

Q: How good of a chance did i have of terminating my ex wifes parental rights?

My ex gave up rights to visitation. Gave me sole legal and physical custody. She doesnt have to pay support. Wife and i just paid a lawyer to terminate my ex wifes rights based on abandonment and file for adoption. She has not talk to or seen our daughter for over 6 and a half years.

What... Read more »

Paul Waldron answered on Mar 5, 2017

You state in your question that you have paid a lawyer to terminate your ex-wife's parental rights, which I assume is in the context of your current wife seeking to adopt your child. You must consult with you existing attorney, or specifically consult another attorney for a second opinion after... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Utah on

Q: My Partner and I are JT-only he is on loan. I am executor and sole beneficiary in will. Can I keep the loan when he dies

Paul Waldron answered on Mar 5, 2017

You can, it just depends on whether the bank finds out and demands that there be a refinance or assumption of the mortgage. I have seen where the mortgage company did nothing for years because the house payment continued to be made.

2 Answers | Asked in Estate Planning for Utah on

Q: daughter is per rep of will. son is left cash. mother states "as per my instructions by my daughter, tamra".

do the instructions have to be written down by mother or verbally stated to daughter enough?

son wants money paid in full asap.

daughter wants to pay out a little at a time to where it amounts to nothing $25,000.00 is the amount sister states has been left to son, her brother, by... Read more »

Paul Waldron answered on Mar 5, 2017

You have asked several questions, but I think the answer to all of them is, it depends on what is stated and directed in the will. You should sit down with an experienced lawyer and have her/him review the will specifically to advise you on what must/must not happen and where there is discretion... Read more »

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1 Answer | Asked in Family Law and Child Custody for Utah on

Q: im 17 and live with mom i want to live with dad can i move out and live with him.

i live with mom and i hate it here i feel alout better at my dads, my mom treats me bad and i dont feel wanted and i was wondering if u move out and live with my dad and she calls a run away is there anything the cops can do if it is my choice to live with my dad and not ny mom i am 17.

Paul Waldron answered on Mar 5, 2017

You had better talk to a lawyer. We cannot answer this question in this forum, as it is too specific, cannot be generalized and should be subject to the attorney-client privilege.

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