Dallas, TX asked in Family Law, Child Custody and Child Support for Utah

Q: have 2 children they have always resided with their mother until recently my son now 14 has decided he wants to live

with me. there is a CS order from Utah for 1100. month for both children. and recent modifications say her part 331. and mine the 1100 they say I have to pay 12 months out of year. there is no decrease because one resided with me and she does not have to pay unless they are both with me. this makes no sense to me at all. neither have been awarded custody they have just always been with her until now. can I file for CS for the one I have with me in Wyoming or what do I do? seems unfair for her to be collecting money for child she does not have

1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Utah

A: You will need to file a request / petition / motion (depending on the jurisdiction, it can be called different things) to modify the child support in the court where the child support order was issued UNLESS that court is in a state where neither you, your ex, nor the children still reside. If the order was entered in Utah and they still live in Utah, you will need to file here for a modification of child custody, parent time, and child support.

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