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Utah Family Law Questions & Answers
1 Answer | Asked in Family Law for Utah on
Q: Can I sue the mistress who lives in Utah for "alienation of affection"?
Stephen J. Plog
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answered on Jul 17, 2017

No. You might consider contacting a UT attorney. You should also post this question in the civil or torts law section, as it is not really a "family law" question.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Which of the following am I entitled to if I file for divorce?

My husband has been unfaithful during our 5 and a half year marriage, we have one child and I am currently pregnant with number 2. His car is paid off, our 2nd car is a lease under both of our names. He has a house where he is a "co-applicant" but he is on the loan and the title of the... View More

Devin W. Quackenbush
Devin W. Quackenbush
answered on Jul 10, 2017

You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free... View More

1 Answer | Asked in Family Law, Federal Crimes and Criminal Law for Utah on
Q: What is the criminal code for paternity fraud?

She let her boyfriend sign my daughters birth certificate knowing the kid was mine and i have proof by text of her admitting to this

Aric M. Cramer
Aric M. Cramer
answered on Jul 12, 2017

Sounds like a forgery.

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for Utah on
Q: Would it be legal for my girlfriend to live with me once we are 18 if I can provide for her?
Matt A Munson
Matt A Munson
answered on Jun 5, 2017

If you are both consenting adults (18+), you may co-habitate, so long as there is not an Order from a Court preventing you from doing so (i.e. Protective Order, etc.)

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 27, 2017

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Utah on
Q: My ex owes me over $99,000 in back child support. He lives in Utah and inherited a lot of money. California won't help.

What can I do to get what is owed?

Louis George Fazzi
Louis George Fazzi
answered on May 23, 2017

If you have a judgment for the child support in California, you can enforce it in Utah. You will need a Utah attorney to help you collect that debt.

1 Answer | Asked in Family Law and Civil Rights for Utah on
Q: Can discrediting evidence be presented in court after the court has acknowledged that a defendants attny didn't show up
Brian K Jackson
Brian K Jackson
answered on May 1, 2017

Might need more details to this. The question is, if the attorney didn't show up, then who is presenting the evidence?

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... View 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... View More

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... View 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... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Utah on
Q: Is there a way to enforce a protective order that was filed fraudulently/purgery? It was denied by Judge, but still....

I left Utah for IL a few days ago with my emotional all support cat. I tried to let my husnand know but he refused to answer hus phone or texts. I sent him this text (about leaving the next day) "Ok. Well when tomorrow rolls around, I apologize in advance. I love you and what you're doing... View More

Aric M. Cramer
Aric M. Cramer
answered on Feb 26, 2017

This is a Family Law question. Please re-post it there.

1 Answer | Asked in Domestic Violence and Family Law for Utah on
Q: Child being bullied by non-family adult but no threats of violence.States honor each others Restraining orders?

My friend's 14 year old son is bring harassed and bullied by a parent of another child at the competitive video game tournaments they both attend and also by the woman's son online. My friend has also been harassed by this woman. Things are getting ugly but no threats of violence. Just... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

This may constitute a crime of harassment of a minor, a misdemeanor in CA. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the...
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1 Answer | Asked in Family Law and Military Law for Utah on
Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

It's costly to see him one weekend a month. And if we ask for extra time she tries to take it out of summer time. I would like to see if I could get more time in the summer. My current partner and I have a little boy together and my son doesn't get to spend the time that both we and he... View More

Patrick Korody
Patrick Korody
answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.

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.

2 Answers | Asked in Adoption and Family Law for Utah on
Q: Will my son have to pay back any medicaid/welfare payments owed to Utah if his son is adopted by his stepdad

The government just took his income tax return to pay back child support but he wants to know if he will still have to pay back the state of Utah for any welfare received by his sons mom for him. He is literally kept in poverty with all the child support he has to pay. He can not even afford to pay... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 31, 2017

if your son cannot reasonably afford the support, he should seek a modification of child support (presumably in Utah). Adoption does not normally transfer liability to others, but comingling ownership of assets (this can include tax returns listed as a dependent) can be levied for support payments.

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1 Answer | Asked in Family Law and Elder Law for Utah on
Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

A check in the amount of $10,000 is being held by GE Capital Investments. The check has my name and my uncle's name on it. The guardian wants the check (stating that it is the sole property of the ward). Do I have any rights?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 27, 2017

First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If a holiday weekend falls on the same parent's parent time weekend, but the weekend is longer, which takes precedence?

For example, if a parent's winter break time ends on a Monday at 7pm (per statute), and it's the same weekend of that parent's parent time, except that the parent time weekend ends on Tuesday, can that parent combine the holiday with their weekend, thus returning the child(ren) on... View More

Billie Crocker
Billie Crocker
answered on Feb 6, 2017

I believe you can return the children in this example on Tuesday.

UCA 30-3-35 says:

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

(d) if a holiday falls on a...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Does she have legal recourse if I don't pay?

My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... View More

Christopher J. Salcido
PREMIUM
Christopher J. Salcido
answered on Feb 1, 2017

The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at... View More

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... View 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...
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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... View More

1 Answer | Asked in Family Law for Utah on
Q: Divorced w/ kids in Idaho. Now we all live in Utah. Does Utah claim jurisdiction now? (lived here over 6 months).

Just trying to see if need to do a foreign order first in this process to change parenting plan. Thanks!

Brian K Jackson
Brian K Jackson
answered on Dec 10, 2016

Utah has jurisdiction but you will need to transfer the Idaho decree to Utah.

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