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Utah Child Support Questions & Answers

1 Answer | Asked in Child Support for Utah on

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?

Wesley Winsor answered on Apr 23, 2019

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... Read more »

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

Q: My son is planning on moving out of his mother's house for conflict reasons. Do I have still have to pay child support?

He is 18 and dropped out of high school and is moving out due to conflict with his mom and her husband.

Paul Waldron answered on Feb 21, 2019

Whether you continue to pay or not depends on your court orders. You should immediately get the matter before the Court for an order changing your child support obligation, whether that is paying your son the child support directly (and the mother also paying her obligation directly to your son)... Read more »

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

Q: I have raised my nephew as my son, my sister has been collecting child support for him do i have a right to sue her?

he has been with me since he was 2 1/2 ( all verbal agreement)

Wesley Winsor answered on Feb 1, 2019

If you are doing it voluntarily, then no you don't have a right to sue her. She is supposed to be using the funds she is collecting to take care of her son. If she isn't, then the son has a claim or the father has a claim against her. If you are the guardian of the son then you might as well.... Read more »

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

Q: How do i go about collecting for back child support? He is currently 5 months behind and we both live in Utah

Paul Waldron answered on Jun 11, 2018

The least expensive way is to contact the Utah Office of Recovery Services (ORS) and ask them to collect for you. However, this takes several months. If you are in a hurry and have the means, you can hire a private attorney to enforce the existing child support order, obtain and judgment and... Read more »

1 Answer | Asked in Child Support for Utah on

Q: I have my kids for a month during the summer. am I required to pay that month child support since they are in my care?

In turn is my ex required to pay me child support for that month of care?

Paul Waldron answered on Jun 11, 2018

Generally, and without looking at your particular Decree of Divorce, which is the law of your case, pursuant to Utah Code Section 78B-12-216:

(1) The base child support award shall be:

(a) reduced by 50% for each child for time periods during which the child is with the noncustodial...
Read more »

1 Answer | Asked in Child Support for Utah on

Q: I have physical custudy of my son and joint legal custudy. My son has been living with me since the divorce in 2010.

Due to actions of my son my ex husband and I have decided its best for my son to go live with him for a year. My ex has always paid child support on time and never has missed. With the change of him living with my ex and how should child support change?

Paul Waldron answered on Mar 16, 2018

Generally, and without looking at your particular Decree of Divorce, which is the law of your case, you would pay your ex child support in the amount indicated on the child support worksheet used to determine child support that you have received from your ex. Your respective child support... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Utah on

Q: My boyfriend is finally getting a divorce from his ex does she have a right to say I can’t be around the kids? Legally.

He lives with me and so it is pretty hard for me not to be around them

Paul Waldron answered on Oct 18, 2017

Legally, it will depend on the terms of the court orders. Generally, a former spouse cannot control who the other former spouse allows to be around the children, but it depends on what your boyfriend may agree to as divorce settlement. Unless you are an ax murderer, drug abuser, child abuser,... Read more »

1 Answer | Asked in Child Support for Utah on

Q: Will I have to continue child support for another year if custodial parent making son take his junior year again?

Custodial parent and son moved from nc to ut. Son was going to graduate in 2018 in nc. Son was taking college courses in high school doing great. Now in Utah he is taking his junior year again because cp doesn't think he's mature enough for college. I will file in January to end child support. Will... Read more »

Paul Waldron answered on Oct 17, 2017

It depends on the terms set forth in the court orders. If it is originally a North Carolina decree, then North Carolina law as applied to the existing decree will control. In Utah, often the decree will have language that child support continues until the child turns 18 or graduates from high... Read more »

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 home. I am a... Read more »

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... Read 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 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 Child Support for Utah on

Q: Can I get my backed child support reduced?.

I was ordered to pay 316$ but it was modified to 266$ before it became final because I have another child, but they did not reduce the backed child support, I also changed jobs because the previous one was seasonal and I needed a permanent job but I get paid less now I get 10.50 an hr. I used to... Read more »

Paul Waldron answered on Mar 5, 2017

In Utah, by law, you usually cannot change your back child support obligation, and a judge can only modify child support "back" to the date of filing of a petition to modify your child support obligation. You should consult with an experienced lawyer to discuss the full specifics of your case to... Read more »

1 Answer | Asked in Child Support for Utah on

Q: Can a home equity loan be considered income for the purpose of changing child support amounts?

Paul Waldron answered on Mar 5, 2017

In Utah, a home equity loan would usually not be considered income for the purpose of changing child support amounts. There are many factors that go into the calculation of child support, so it is recommended that you seek the advice of an experienced lawyer to review all the facts of your... Read more »

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... Read more »

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 more... Read more »

1 Answer | Asked in Child Support and Social Security for Utah on

Q: My fiance died while I was five months pregnant. Need to have him added to birth certificate and to have a court order.

I have DNA already. I am in slc utah

Paul Waldron answered on Feb 27, 2017

You need to file a parentage action in the appropriate court to establish your deceased fiancé as the father so that he can be added to the birth certificate. There may be a jurisdictional issue depending on where your child was conceived, where the biological father died, etc. A lawyer can help... Read more »

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... Read more »

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... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Utah on

Q: How can I care for my sister?

My dad is an over the road driver and my sister wants to live with me rather than stay with his wife. Our parents are divorced and both parents are ok with this but neither live in the state. He is the custodial parent.I also don't have money for a layer due to just having a baby.

Clinton R. Brimhall answered on Aug 26, 2016

With your parents on board with this, I'm not sure I understand the difficulty you are facing.

1 Answer | Asked in Child Support for Utah on

Q: My son's father has not seen him in over 3 years how do I go about terminating his rights

My son's father has not seen him in over 3 years, he has criminal and federal charges on his account he has never paid child support and would not sign the birth certificate. But we did get a paternity test for the ORS but whenever they contact him about child support he quits his job.

Cory Hundley answered on Dec 25, 2013

There are two basic options in terminating parental rights. First, you could try for a voluntary termination of his parental rights and he can sign away his parental rights. This is the fastest, easiest, and simplest way to terminate parental rights. The other way is involuntary termination of... Read more »

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