Blake v. Smith – 2023 UT App 78 – child custody, child support
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
How Is Child Support Determined When the Non-custodial Parent Doesn’t Have a Job, but Is Living on Millions of Inheritance?
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…
The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?
There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The…
What Are the Child Support Guidelines for Separated Fathers in the United States?
Good question. First, there are federal laws and regulations that govern the states in setting their child support calculation and collection laws. Second, any parent (father or mother) can be…
If You Are Separated and She Wants Her Money for Child Support and Alimony Early Payment for the Child Support, Can She Get It by Taking You to Court?
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…
If I Owe Arrearages in Child Support, Do They Go Away if I Am Awarded Full Custody?
Good question. I cannot answer this question for how all jurisdictions would handle it, but I can tell you what the law is in Utah governing this question (and it’s…
What Is the Aim of Manipulating Children in Divorce Cases?
There can be many aims. Such as (in no particular order of popularity): gaining or saving money If the children “side” with a parent, that could influence the child custody…
Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support
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…
Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity
2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20,…
What Can I Do if Ex-spouse Wants to Pay/Receive Less Child Support by Misrepresenting His/Her Income?
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…
If a Single Mother Is Requesting Child Support, Do You Think That the Father Should Gain Custody of Their Children Instead?
Volumes have been written, and even more volumes could be written, on the subject of child support policy. We don’t have time or space to examine this question from every…
If the Mother Loses Custody of the Child to a Third Party Does the Father Still Have to Pay Child Support
There are many weird twists that a case like the one you’ve described can take, but generally speaking (and I must speak generally because I do not know how the…
How Does Child Custody Work in Utah if the Parents Are Not Married?
Child custody is determined based upon the same statutory factors regardless of whether the parents are divorced or were never married. Those statutory factors are found at Utah Code §§…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
In Re A.H. – 2022 UT App 114 – Termination of Parental Rights
2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
If Parents Are Divorced or Separated, Can the Parent With Full Custody of the Child Prevent the Other Parent From Seeing the Child, Even if That Parent Is Paying Child Support?
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…
Is There a Way to Get Legal Action on Child Support for Free?
Free or inexpensively? Yes, there are ways. Each jurisdiction has different ways of providing these free and/or inexpensive legal services. With rare, if any, exception, these free and/or inexpensive legal…
How Does a Parent Avoid Paying Child Support if His/Her Employer Garnishes Their Paycheck for It?
They don’t.* They don’t because their employer automatically garnishes child support from the parent’s paycheck. The only way to prevent their employer from garnishing child support from their paycheck is…
Should I Thank My Child’s Father for Paying Child Support?
Yes. You’re not in any way obligated to thank him, but I would, if I were you. Some are of the mind that we do not thank people for doing…
Do I Need a Lawyer for Child Support Hearing?
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…
What Happens When Someone Refuses to Pay Child Support?
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…
What Steps Can You Take To Get a Reform on Child Support Law?
This is controversy that’s been raging for decades, but we could be at a tipping point soon. The question is what will it take to reach it? Having money always…
How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?
Good question. A generation or two ago, it was all but unheard of for parents to be awarded joint physical custody of their children. It was literally unthinkable in the…
Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances
2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable…
Taylor v. Taylor – 2022 UT 35 – Divorce Arbitration
IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification…
Do family courts favor mothers?
While there are some judges, perhaps even some jurisdictions, that are outliers, the answer to your question is: generally yes, no question about it. While the preference for and…
If you pay child support directly but want to pay through the state instead, can this be done without asking the court for permission?
Also, is it more beneficial to pay through the state or directly to the custodial parent? I can’t speak for all jurisdictions in response to this question, but I can…
How does employment effect finances in divorce?
Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time…
My question to Utah Office of Recovery Services (ORS):
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…
Should I get sole custody of my children if the dad does not want custody?
Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with…
Do you think it’s fair for a non-custodial parent to pay more child support?
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?
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…
Do you pay tithing on child support?
Nothing is more frustrating to a sincere Christian than to ask the question, “Should I pay tithing on child support money I receive as a parent?” and to receive this…
If both parents are wonderful, will the court still favor the mother?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
What should the child support award be if my ex makes $1,200 per week?
Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Our agreement says no child support, can my ex ask for it anyway?
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?
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…
Family Law Legislation 2022 – Part 1
Family Law Legislation 2022 - Part 1 This blog post reviews four bills among new proposed legislation during the 2022 session of the Utah State Legislature that deal with divorce…
What if a parent sued their child for all the money they spent raising them?
What would happen if a parent were to sue a child for every single penny they spent on raising such a child and the judge were to rule in the…
My spouse owes me child support, but we are both almost homeless.
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…
T.W. v. S.A. – 2021 UT App 132 – child custody
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…
Should a parent prorate child support to include the child’s 18th birthday?
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…
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…
If two unwed people have a child and split up, is it treated like a divorce?
If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The…
Where can I find a pro bono lawyer when being charged with contempt of child support in MN?
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…
Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?
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…
What is one thing you wish you would have added in your divorce parenting plan?
Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included: a “loser pays” clause for 1) when…
If the father got the child custody, will the mom pay for child support?
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
