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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.