Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…
This question perennially arises at graduation time, and it’s graduation time when I write this post. Unless your Utah-issued decree of divorce contains provisions for child support that deviate from…
There are actually three different but related types of child support in Utah for divorced and unmarried parents who obtain child support orders either through administrative means or through a…
If a parent has sole or primary physical custody of the children, then not only does that parent typically not end up having to pay child support to the other…
Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…
How is child support calculated in Utah? How long does child support last? How is child support enforced? How child support in Utah is calculated. I will explain it both…
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 129 (HB0129 (utah.gov)), entitled “Child Support Requirements”. This bill would,…
Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
Many people complain (justifiably) about child support in this regard: parents who qualify to receive child support or to receive more child support by being unemployed, underemployed or who deliberately…
This is a subject that comes up frequently. It comes up frequently not because misappropriating child support is a hard problem to mitigate but because the courts don’t have the…
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
Question: I am ordered to pay child support to my ex. My ex and I are both ordered to share the cost of our child’s health, medical, dental, and hospital care…
Absolutely. No question about it. Now, don’t confuse “he has every right to ask for receipts” with “he has every right to receipts”. If a child support payor (known in some jurisdictions as the…
I really don’t understand why this question gets asked, and it is asked frequently. Actually, that’s not true. I do know why. The people who usually ask this question are…
There are so many things wrong with this question. But thank you for asking it because it can be the start of a beneficial conversation and lead to a better…
This is a more complex question than it might at first appear. First, we need to address the matter of people who confuse beliefs with facts. If I had a…
It appears that your question is: can child support be awarded to a parent even if a divorce or child support action has not yet been filed? If that is…
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
I will answer this question in the context of Utah law because Utah is the jurisdiction where I practice divorce and family law. It could be that other jurisdictions have…
Unless: there is a statute or court order that permits it; or this kind of statute or court order could be the kind that permits the temporary denial of contact…
If you’re smart, yes. If you’re cautious, yes. If you’re not penny wise and pound foolish, yes. Why? The law and the legal system are not intuitive. Courts are generally…
I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah). Many things…
Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don't have the answer to: "Why does…
Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally,…
How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known…
Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit…
Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it? The courts do…
How do I find assistance if I own a business with a spouse that owes money in child support, yet we are unable to support ourselves and at risk of…
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal…
You may have a very difficult time finding free legal representation, BUT you may have a much easier time getting advice as to how you can and should proceed and…
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…
From the Utah Office of Recovery Services: A new Utah law (U.C.A. 23-19-5.5) becomes effective July 1, 2021 where a hunting/fishing license purchase will be denied if a person owes…
Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
Assuming that you are asking whether a parent who is, in the course of a United States divorce or child custody proceeding, ordered to pay child support, moving out of…
This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice…
I paid my ex in cash for child support. Will the court give me credit for it? In Utah (where I practice family law), the answer is: yes. And while…
Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: "Why is child support and alimony rooted in revenge, power, control, and humiliation over…
What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe…
What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…
Allen v. Allen - 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No.…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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