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Questions Answered by Paul Waldron
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
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.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Utah on
Q: I have a niece in Utah who is 17 she is getting ready to graduate, she wants to move with her dad to Missouri mom say no

I also just found out that her step dad got handsy with her, she went to her grandparents and told them, they told mom. Mom does not believe her but she did tell him to leave, she told her father but she will not let her talk to her dad without mom in same room she wants to know what she tells her... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

Under Utah law, until a child turns 18 or emancipates, the child must live where any court order says the child must live.

Under Utah law, everyone must report any believable allegations of child abuse or neglect (including getting "handsy") to either law enforcement or the Division of...
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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.

1 Answer | Asked in Child Custody for Utah on
Q: My daughter is pregnant with someones child. They are not together. He does not work. He threatens to take custody.

She works full time. He works for payment under the table. So actually it looks like he doesn't work. What should she do to protdct herself and the baby?

Paul Waldron
Paul Waldron answered on Mar 5, 2017

There are several things your daughter can do to protect herself and the baby; you will want to consult with an experienced lawyer to determine what steps to take or not take given your daughter's circumstances.

Many times unmarried fathers threaten to take custody of an unborn or newborn...
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1 Answer | Asked in Child Custody for Utah on
Q: Can I lose custody of my child if my brother, a felon, moves in with us?

I currently have close to 50/50 custody with my ex (I have physical custody) and my little brother, a convicted felon, is planning on moving in with us for a few months. None of his charges involve children, and none are violent (except he got convicted of possession of a fire arm by a felon but... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

Given the facts you have presented in your question, it is unlikely that your situation would result in a change in custody. However, if there are additional negative facts, a change in custody is possible. Your ex could seek some kind of restraining order prohibiting you from having your... Read more »

1 Answer | Asked in Child Support for Utah on
Q: Can I get my backed child support reduced?.

I was ordered to pay 316$ but it was modified to 266$ before it became final because I have another child, but they did not reduce the backed child support, I also changed jobs because the previous one was seasonal and I needed a permanent job but I get paid less now I get 10.50 an hr. I used to... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

In Utah, by law, you usually cannot change your back child support obligation, and a judge can only modify child support "back" to the date of filing of a petition to modify your child support obligation. You should consult with an experienced lawyer to discuss the full specifics of your case to... Read more »

1 Answer | Asked in Child Support for Utah on
Q: Can a home equity loan be considered income for the purpose of changing child support amounts?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

In Utah, a home equity loan would usually not be considered income for the purpose of changing child support amounts. There are many factors that go into the calculation of child support, so it is recommended that you seek the advice of an experienced lawyer to review all the facts of your... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: Due to health issues now i have joint custody with my parents how do I give them full? Do I have to go to court? Utah

Father of child in jail no custodial rights. In jail in another state for abuse of child and attempt murder of mother. Never married

Paul Waldron
Paul Waldron answered on Mar 5, 2017

This is a very difficult question that is very fact specific. You need to seek the advice of a lawyer to discuss the particular facts of your situation, as it may not be necessary or in you or your child's best interest for you to have your parents have "full custody" in order for you to achieve... Read more »

1 Answer | Asked in Divorce for Utah on
Q: What information do I need to provide the court to discontinue alimony now that I suspect my ex is cohabitating?

My ex wife's boyfriend is there everyday and receives mail at her address. Our divorce stipulation states that if she remarries or cohabitates then alimony discontinues. She denies to my daughter that he is living there despite him being there every day and night and moving out of his apartment.

Paul Waldron
Paul Waldron answered on Mar 5, 2017

Under current Utah law regarding alimony and cohabitation, you likely have to prove that she is cohabiting "in a marriage-like relationship." If it is a Utah case, you should consult with a Utah lawyer and discuss the additional particular facts of your case.

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Do I have to always give my ex first pick to watch the kids? And can he record our conversations?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer... Read more »

1 Answer | Asked in Divorce for Utah on
Q: I am going to file for divorce. My husband didn't work at all this year does he get half of the tax return?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

The legal answer is always, "It depends". Generally any income earned during the marriage is marital property, which would include any overpaid taxes that would result in a tax return refund. Consult with an attorney to discuss the particulars of your case.

1 Answer | Asked in Family Law for Utah on
Q: My ex wants to pay less for health insurance now that my new family is on my plan.

When I got divorced I carried my 2 kids on my insurance plan. It goes in 3 stages. Individual, +1, and family. So we took the family price and minus the individual price then divided it by 2 and got our price we split. I have since got married and added my wife and her 3 kids to my plan and I still... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

In Utah, the correct formula is to take the entire amount of the insurance, regardless of the various pricing structure, divide it by the number of people covered (including your new wife and 3 kids), multiply that number by the number of children with your ex-wife covered by the plan, then divide... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Q: My husband and I are getting married next month. Im the only one working do i have to pay child support?

He has 4 other kids with 4 other woman. He dont have a job and he is incarcerated. He does not plan on working for the rest of his life. I always work. Will I end up paying child support? If I end up paying child support is there anyway I can have custody if the child if the Mother is living off... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

In Utah, a spouse is not liable for a new spouse's child support obligation. It is unlikely that you can obtain custody of a step child on the basis that the natural mother with custody of the children is living on government support. You will need to consult with a Georgia lawyer to learn more... Read more »

1 Answer | Asked in Child Support and Social Security for Utah on
Q: My fiance died while I was five months pregnant. Need to have him added to birth certificate and to have a court order.

I have DNA already. I am in slc utah

Paul Waldron
Paul Waldron answered on Feb 27, 2017

You need to file a parentage action in the appropriate court to establish your deceased fiancé as the father so that he can be added to the birth certificate. There may be a jurisdictional issue depending on where your child was conceived, where the biological father died, etc. A lawyer can help... Read more »

2 Answers | Asked in Divorce for Utah on
Q: Divorcing after 23 years. Wife makes $4100 gross I make $7400 gross. What to expect for alimony?

2 children will be paying $1200 child support. Wife is keeping home.

Paul Waldron
Paul Waldron answered on Mar 5, 2017

Alimony is the area where judges have the most discretion. The primary factors in order of importance are (1) recipient spouse's need, (2) payor spouse's ability to pay, and (3) length of the marriage and standard of living during the marriage. There are many other factors as well, but these are... Read more »

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1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to her... Read more »

Paul Waldron
Paul Waldron answered on Nov 2, 2016

This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... Read more »

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My boyfriend of 10 years past away and I found a will that he had wrote so I put in to the judge a probate to get his

Estate his xwife that has his son is contesting the will saying he didn't wright it and bring my criminal past into it saying I'm not a reliable person! Can she do that? She supened my mom??

Paul Waldron
Paul Waldron answered on Nov 2, 2016

Anyone has the right to contest a will. You will have to meet the prima facie case to show the will is authentic, but they will bear the burden of proof to overcome that once you show the will is valid. You need the assistance of a good probate lawyer to help you with this.

1 Answer | Asked in Estate Planning and Family Law for Utah on
Q: my trust fund was fraudulently taken from me from my mother when she forged my signature. What to do??
Paul Waldron
Paul Waldron answered on Nov 2, 2016

I think your best solution would be to report this issue to law enforcement to investigate.

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