Utah Child Support Questions & Answers

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?

1 Answer | Asked in Family Law and Child Support for Utah on
Answered on Feb 21, 2019
Paul Waldron's answer
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) or terminating your obligation altogether.

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?

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Answered on Feb 1, 2019
Wesley Winsor's answer
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.

With only volunteer status, you don't have standing to assert a claim on the child support funds received by your sister.

I hope this helps.

Wes

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

1 Answer | Asked in Family Law and Child Support for Utah on
Answered on Jun 11, 2018
Paul Waldron's answer
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 collect it for you.

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?

1 Answer | Asked in Child Support for Utah on
Answered on Jun 11, 2018
Paul Waldron's answer
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 parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or

(b) 25% for each child for time periods during which...

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

1 Answer | Asked in Child Support for Utah on
Answered on Mar 16, 2018
Paul Waldron's answer
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 obligations are found at line 7 of the Child Support Obligation Worksheet (Sole Custody and Paternity). Again, generally speaking and applying Utah law, without seeing your specific Decree of Divorce, this...

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.

1 Answer | Asked in Child Custody, Child Support and Divorce for Utah on
Answered on Oct 18, 2017
Paul Waldron's answer
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, etc., a judge will not enter an order restricting contact with you. Your boyfriend will be well served by hiring an experienced family attorney to ensure that he doesn't agree to settlement terms that...

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

1 Answer | Asked in Child Support for Utah on
Answered on Oct 17, 2017
Paul Waldron's answer
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 school, or should graduate with his regularly matriculated class, whichever is later, thus meaning your child support would end at the end of this school year.

Also, if jurisdiction for the...

Q: Which of the following am I entitled to if I file for divorce?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Answered on Jul 10, 2017
Devin W. Quackenbush's answer
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 consultation.

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
Louis George Fazzi's answer
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.

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

1 Answer | Asked in Child Support for Utah on
Answered on Mar 5, 2017
Paul Waldron's answer
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 see what relief you can get.

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

1 Answer | Asked in Child Support for Utah on
Answered on Mar 5, 2017
Paul Waldron's answer
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 situation.

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
Paul Waldron's answer
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.

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

1 Answer | Asked in Child Support and Social Security for Utah on
Answered on Feb 27, 2017
Paul Waldron's answer
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 you. You can also find information on parentage in the self help section at utcourts.gov.

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
Christopher J. Salcido's answer
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.

Q: How can I care for my sister?

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Utah on
Answered on Aug 26, 2016
Clinton R. Brimhall's answer
With your parents on board with this, I'm not sure I understand the difficulty you are facing.

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

1 Answer | Asked in Child Support for Utah on
Answered on Dec 25, 2013
Cory Hundley's answer
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 parental rights. If you are interested in this, you need to show that he has either abandoned the child, abused or neglected the child, and a few other options. From what you have said, it sounds like...

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