Utah Family Law Questions & Answers

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.

1 Answer | Asked in Divorce, Family Law and Child Support for Utah on
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.
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Q: Can discrediting evidence be presented in court after the court has acknowledged that a defendants attny didn't show up

1 Answer | Asked in Family Law and Civil Rights for Utah on
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?
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Q: What can a parent do to defend themself against a violent teen in Utah?

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Answered on Mar 5, 2017

You need to consult with an experienced juvenile court lawyer. If DCFS opens a court case, you may be able to seek the appointment of a public parental defender.
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Q: i have a son who is now 18 but failing to do chores, get a job or pay anything for room or board. Can I kick him out?

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Utah on
Answered on Mar 5, 2017

Yes! However, if there is a court order of custody until he has graduated from high school or supposed to graduate from his regularly-matriculated class, there may be some kind of child support issue. Also, if there is some kind of guardianship order of your son, that would need to be considered first as well.

Q: How good of a chance did i have of terminating my ex wifes parental rights?

1 Answer | Asked in Family Law for Utah on
Answered on Mar 5, 2017

You state in your question that you have paid a lawyer to terminate your ex-wife's parental rights, which I assume is in the context of your current wife seeking to adopt your child. You must consult with you existing attorney, or specifically consult another attorney for a second opinion after reviewing all the facts of your situation.
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Q: im 17 and live with mom i want to live with dad can i move out and live with him.

1 Answer | Asked in Family Law and Child Custody for Utah on
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.
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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

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Utah on
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 Division of Child and Family Services, Child Protective Services (DCFS, CPS). If you know of someone that your niece has told about the allegations of sexual abuse, they should report it to one of these authorities...
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Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.
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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

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
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 you to achieve whatever goal(s) you are trying to achieve by possibly taking that action.
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Q: My ex wants to pay less for health insurance now that my new family is on my plan.

1 Answer | Asked in Family Law for Utah on
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 by 2. See Utah Code Annotated Section 78B-12-212, especially subsection (5).
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Q: My husband and I are getting married next month. Im the only one working do i have to pay child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
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 more about what it might take for you to obtain custody of a step child. Best wishes.
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Q: Is there a way to enforce a protective order that was filed fraudulently/purgery? It was denied by Judge, but still....

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Utah on
Answered on Feb 26, 2017

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

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

1 Answer | Asked in Domestic Violence and Family Law for Utah on
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§ionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the tournament's administration can be sued potentially for negligence and/or breach of contract. They should be put on notice.

More details are necessary to provide a professional analysis of your issue. The best...
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Q: If a holiday weekend falls on the same parent's parent time weekend, but the weekend is longer, which takes precedence?

1 Answer | Asked in Family Law and Child Custody for Utah on
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 regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day;

(e) (i) if a holiday falls on a weekend or on a Friday or...
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Q: If my daughters dad took my daughter and won't give her back.

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Feb 1, 2017

No. You don't have any court orders yet. You need to get into court asap.
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Q: Does she have legal recourse if I don't pay?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
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 this cost as opposed to what you proposed.
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Q: Will my son have to pay back any medicaid/welfare payments owed to Utah if his son is adopted by his stepdad

2 Answers | Asked in Adoption and Family Law for Utah on
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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Q: If you have been charged with a sex crime can you have possession of a firearm?

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Utah on
Answered on Dec 10, 2016

You have to be convicted of the crime. If you are just charged the judge may enter restrictions on bail but not likely. If you are convicted, most crimes have it to where you can't possess a firearm under federal law.
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Q: Divorced w/ kids in Idaho. Now we all live in Utah. Does Utah claim jurisdiction now? (lived here over 6 months).

1 Answer | Asked in Family Law for Utah on
Answered on Dec 10, 2016

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