Salt Lake City, UT asked in Child Support for Utah

Q: My ex and I had a verbal agreement that he would pay me child support monthly, he is currently behind 4 months

Our child is 11 and we have only had this agreement for about 2 yrs. Can I file for child support and receive back child support?

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
Answered
  • Saint George, UT
  • Licensed in Utah

A: This is not my practice area, but I will weigh in as no one else has. Enforceable terms of child support should have been taken care of or addressed in the divorce decree (assuming you were once married). Those will govern. If not in the divorce decree or there never was a divorce decree or court adjudication (ruling) on the matter, then you will need to file an action against him or her establishing parentage and then you would successfully be able to enforce child support payments.

I am not sure if you could go after him for a "breach of contract". It might work as long as your ex didn't deny parentage.

I hope this helps.

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