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Losing full custody due to a 34(e), dcfs involvement with little to no progress in 2 years time, mentally ill mother (bpd), needing to fight back against childs mother and dcfs maybe find a way to withdraw/change the 34(e) plea.
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answered on Jul 27, 2024
To address a 34(e) plea in juvenile court, you should start by consulting with your attorney about the possibility of withdrawing or amending the plea. It's important to gather all evidence of any abuse or mistreatment and any documentation showing efforts made towards improvement over the... View More 
the classes, he will have no relief? my kids are terrified of him, i travel for work and he abandoned my kids with my parents ,cheated 14 times gave me std i was at defsukt and the clerks lost my stuff and got him enough tjme to hire atty hoe do i just motion to ignore amswer based on perjury in... View More
answered on Feb 10, 2023
This is a situation where you definitely need a competent attorney experienced in family law in the county where your case is pending.
A default judgment is usually only available when a party, after being properly served with a lawsuit, fails to file an answer and displays conscious... View More
My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... View More
answered on Jan 26, 2023
You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.
If you have not retained competent... View More
I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child... View More
answered on Aug 8, 2022
You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a... View More
I don’t want to be apart of the child’s life
answered on Apr 9, 2021
You are not required to spend any time with the child.
As for child support, unfortunately you can only wait for the other shoe to drop or deal with the issue definitively. If you want to simply deal with the issue, you can obtain a paternity test; there are various ways to make this... View More
After giving up my parental rights in court , in 2008, at St. George, Ut, I was later told to pay child support ,in 2019, in Las Vegas, Nv , where I currently live. Utah court denies that I gave up my rights , though. How do I get records about this - as it did happen and I need proof ? Thank you .
answered on Aug 23, 2020
In Utah if you relinquish your rights, the court has to accept that relinquishment. This can be done in either the juvenile court or the district court depending on the exact circumstances. If it happened in the juvenile court the records can be tracked down but it is a little harder.
You... View More
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... View More
answered on Aug 4, 2020
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... View More
Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.
First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition... View More
answered on Apr 28, 2020
I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on... View More
I would like to get sole custody and potentially go after child support but am afraid he will try and get custody of my daughter. Will he be able to get rights after not seeing her for 6+ months?
answered on Mar 2, 2020
The answer to this question is that it depends. Generally speaking, a termination of parental rights is a very difficult task. From your question, it does not appear that you are seeking to terminate parental rights. However, short of a termination of parental rights, a parent will always have some... View More
Decree states modification can be made if both parents agree. Do we have to go back to court
answered on Feb 3, 2020
If you both agree to stop using ORS to collect child support, this should not be a problem provided that neither of you are using any public assistance for the children. Generally, the parent receiving support can request that ORS close the case. However, if you children are receiving public... View More
my ex filed for full custody after i filed for support. well after out temporary orders hearing my ex and his attorney had requested things they know i cant do so there for my parent time has been taken from me even though i begged them to make it to where i can do them but they would not. My ex... View More
answered on Jan 13, 2020
First and foremost, it sounds like you should consider hiring an attorney. It sounds like your ex and his attorney are taking a very aggressive approach in the custody litigation. Their approach seems to be working to keep you from the kids. I suggest finding an attorney who can help level the... View More
I filed an order to show cause over a month ago and he never filed an answer. He does have an attorney and has since thw beginning. My court hearing is in 8 days and he just barely sent me a response today. In was just wondering if he's allowed to do that? Because in was told I had to file a... View More
answered on Jan 3, 2020
I think that you may be confusing the time to respond to a Petition (likely for custody or divorce) and the time to respond to an order to show cause. The 21 days to respond applies to a Petition or complaint that is served upon you. On the other hand, an Order to Show cause has different... View More
I filed an order to show cause for child support that the court ordered,( he hasn't paid in over a year and is a little over 4000 behind he also has a job and it's his 13th or 14th one in the last 3 years because he keeps quitting so hes basically not keeping a job to avoid paying.) I... View More
answered on Dec 17, 2019
The answer to your question will depend on which court you are in. Orders to show cause are governed by local rules that differ from one district to the next. Generally speaking if an opposing party does not oppose a motion, the court will grant the relief requested. The process for getting that... View More
answered on Dec 16, 2019
You will want to look at Utah Code section 78B-12-203. Subsection 9(a) provides that "Social security benefits received by a child due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based." If you meet those requirements the... View More
answered on Jun 28, 2019
Hi. Happy to help, but first need a little more information. I'm assuming this is for a pending divorce action. If so, you should have received a Motion for Temporary Relief as well as other supporting documents. That Motion will outline the relief being sought.
We have a video... View More
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?
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... View More
He is 18 and dropped out of high school and is moving out due to conflict with his mom and her husband.
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)... View More
he has been with me since he was 2 1/2 ( all verbal agreement)
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... View More
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... View More
In turn is my ex required to pay me child support for that month of care?
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... View More
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