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Utah Child Support Questions & Answers
1 Answer | Asked in Child Support for Utah on
Q: How do I access court records which state that I gave up my parental rights in St.George, Ut, in 2008?

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 .

Lane Wood
Lane Wood 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...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: have 2 children they have always resided with their mother until recently my son now 14 has decided he wants to live

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... Read more »

Mike Branum
Mike Branum 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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: What can be done failure to be served rule 109 with parentage petition, as well as ex statement of good joint cust pet?

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... Read more »

Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Child Custody and Child Support for Utah on
Q: My child’s father hasn’t seen her or paid child support in 2.5 years. We have no custody order. What do I need to do?

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?

Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Child Support for Utah on
Q: I want to stop receiving child support through the agency and get it straight from the other parent. Can this be done

Decree states modification can be made if both parents agree. Do we have to go back to court

Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Child Support, Family Law, Libel & Slander and Personal Injury for Utah on
Q: What can i do if my custody case has other proceedings and or personal attacks against me from those who r on my ex side

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... Read more »

Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Utah on
Q: Order to show cause?

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... Read more »

Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Family Law and Child Support for Utah on
Q: Can I file for default on an Order to show cause?

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... Read more »

Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Child Support and Social Security for Utah on
Q: In Utah does Social security benefit payments made for your children count toward the child support that you owe?
Lane Wood
Lane Wood 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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: I have to go to court for temporary relief?? Not sure what for or what to expect?
Jaclyn Jane Robertson
Jaclyn Jane Robertson 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...
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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
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
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
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... 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
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
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...
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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
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
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... Read more »

Paul Waldron
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... Read 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... 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
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.

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