Salt Lake City, UT asked in Divorce for Utah

Q: Custody, support, interstate issues with a VERY broad decree.

Divorced in Minnesota, 50/50 physical, joint legal. I moved to Utah. Kids stayed with dad. They are now 8 and 9. My son moved here a year ago and daughter a month ago. They were not stable in Minnesota as their dad is having issues. He agreed to me having them solely but will not pay child support. What do I do? I don't want to 'rock the boat' because he changes his mind all the time and said that he will only agree to them staying with me if I don't ask for support. I paid support to him when he had them custodially. I need the support but I don't want him to try to get them back. What should I do? . Do I file a modification in Minnesota? Should I wait until Utah is the 'home state' after 6 months? I want what is best for my kids, which is with me in Utah but I also need their father to support them and not threaten to take them back at any moment. Thank you for your time!

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1 Lawyer Answer
Clinton R. Brimhall
Clinton R. Brimhall
  • Salt Lake City, UT
  • Licensed in Utah

A: I think Minnesota might retain jurisdiction so long as somebody from the original divorce decree still lives there. In some cases, it may be possible to change that to Utah, but it could become complicated. It sounds like the only way to get him to pay support is to officially change custody and then pursue ways to compel payment of support. You would want to build your case with evidence that the children did not do well with the father and are now doing well with you. It would also help if you could have documentation that he only wants custody to avoid paying child support. You may also want to inquire into whether you can somehow claim support before the custody award is changed. You may need to consult an attorney to work out some of these issues. A Minnesota attorney might be your best best.

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