What is child support intended to cover?
Child Support Purposes. What are they? Black’s Law Dictionary defines child support as: child support (1939) Family law. 1. A parent's legal obligation to contribute to the economic maintenance and…
Is there any way I can reduce child support?
In Utah (where I practice divorce and family law), yes, there are many possible ways to reduce child support. They may not be applicable to every child support payor, but…
Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?
Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…
The best thing to write in the memo line of the last child support check?
What's a good message to write in the memo line of the last child support check? I can’t answer this question any better than did Anruth Dailaigh: Assuming it’s truly…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
Is there a “statute of limitations” for seeking child support?
In Utah, yes: Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor's liabilities for past support are limited to the period of four years preceding the commencement of…
Is there a “statute of limitations” for seeking child support?
I can’t speak for all states, but I can answer the question for the state where I practice law (Utah): Utah Code § 78B-15-109. Limitation on recovery from the obligor.…
2019 UT App 83 – Nave Free v. Free – modification of child support
2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019…
Am I greedy or lazy for seeking an increase in child support after 10 years?
My ex called me greedy for initiating a child support modification (the first and only) in a decade. He told me to get a better job so I wouldn't need…
Does Child Support Automatically End? Or Do I Have to Request That?
QUESTION: Hi there, Eric. I am current on my child support and will continue to be current on what I own until my children are 18. At that time, will…
Is It Harder to Get a Job After 40? Should Divorce Courts Care?
I just came across this from "Inc. this Morning" from Inc. magazine. It's something you and the court may need to keep in mind when it comes to child support…
What useful things can Jeff Bezos’s divorce can teach us
Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances…
If a single mother makes more annually than the father, would she have to pay child support even if she has custody?
In Utah, almost certainly not. I cannot think of a scenario in which a parent (mother or father) has sole physical custody of the children and would have to pay…
How do I get the court to order my ex to help pay for our kids’ college educations?
First, you should know that while a Utah divorce court can order child support even after a child attains the age of 18 years, courts rarely do so; however, §…
My child support is too high/too low. What can I do about it?
Child Support Can Be Modified, If Circumstances Warrant As financial situations change, the amount of child support ordered may no longer be reasonable or even feasible. Your income may have…
If child support is too high, can I do anything about it?
If child support is too high, can I do anything about it? Yes. As financial situations change, the amount of child support you ordered may no longer be reasonable. Your…
Stephens v. Stephens – 2018 UT App 196 – modifying child custody and support
2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third…
A list of common, but very good, Utah divorce questions (with answers)
ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE…
2018 UT App 100 – divorce attorney malpractice standards of proof
2018 UT App 100 - THE UTAH COURT OF APPEALS JANAE KIRKHAM, Appellant, v. BRYANT J. MCCONKIE, DAVID W. READ, AND STRONG & HANNI PC, Appellees. Opinion No. 20160908-CA Filed…
Is there an insurance policy that insures child support will be paid?
QUESTION: I have heard that in a divorce that you can ask the judge for an insurance policy against another parent who might run instead of paying his children support,…
Questions Working Women and Mothers Often Ask Me About Divorce
ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. MY HUSBAND AND I BOTH HAVE JOBS.…
Do child support advocates side with prolifers or pro choice?
Do child support advocates side with prolifers or pro choice? Most (not all, but most) child support recipients are overwhelmingly women. Consequently, most child support advocates are advocates for women,…
Why does my ex-husband believe I’m spending child support on myself?
Why does my ex-husband believe the child support he pays is used to pay for our vacation? That money doesn’t even pay 1/4 of our rent. Two reasons: 1) because…
Child Support: can it be awarded to a joint custodial father who lost his job, if the mother is employed?
Child Support: does a father with joint custody who lost his job have the right to claim child support, if the mother is employed? My answer applies for the State…
Unpaid Child Support and the Unmarried Parent: How far back can a claim be made for it?
Unpaid Child Support and the Unmarried Parent: How far back can a claim be made for it? If you are an unmarried parent and haven’t paid child support for a…
Passport Denial for Failure to Pay Child Support
Under Rule 527-275 of the Utah Administrative Code, the Office of Recovery Services (“ORS”) is authorized to deny a delinquent child support obligor’s application for a U.S. passport or an…
Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality
This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…
Noncustodial Parents: Understanding Parent-Time
Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who…
Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?
QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…
Do you believe in public shaming of parents who don’t pay child support?
Do you believe in public shaming of parents who don't pay child support? No, for at least four major reasons (in no particular order): Public shaming of a parent who…
My adult child wants his father to me pay the back child support.
My child has met his estranged father after 20 years, they are getting along great and my child wants to ask him to pay me belated child support. I’m worried…
Am I disadvantaged in a child support case, if the other parent has a lawyer and I don’t?
What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…
Will Remarriage Increase the Amount of Child Support I Pay?
Child support and remarriage: do they affect one another? If I remarry, will my new spouse's income factor in to what I pay in child support? I have been faithfully…
Passport Denial Program to Enforce Child Support
Can I prevent my ex from obtaining or renewing a passport to enforce child support? Yes. Here's why and how: Federal Passport Denial Program Except when the child support obligor's…
Should I feel “guilty” because my ex-wife pays child support?
Should I feel "guilty" and "ashamed" because a “friend of the court” determined my soon to be ex-wife should pay me child support as part of the divorce settlement? It…
Do women ever have to pay child support?
Do any women have to pay child support? Not only she can women pay child support, if the couple are divorced or the court adjudicates child custody in a parentage…
If I petition to modify the child support award, how far back does the modification go?
If I petition to modify the child support award, how far back does the modification go? Utah does allow for child support modification. The answer is found in Utah Code §…
How would child support be calculated for a father who remarried and has 4 other children living with him?
How would child support be calculated for a father who remarried and has 4 other children living with him? Here is the law in Utah: If the children are stepchildren…
What can I do if my ex gambles all the child support I pay?
What can I do if my ex-wife gambles all her money plus child support I give her every month without spending any of it on my twin daughters? In Utah…
How unemployment or under-employment affects child support
QUESTION: I was looking into child support laws, I am confused about how involuntary vs. voluntary unemployment or under-employment affects the child support obligation. If a non-custodial parent wants to…
Can a soon to be ex wife use child support funds received for a child from a previous relationship without consent from the biological custodial parent?
Can a soon to be ex wife use child support funds received for a child from a previous relationship without consent from the biological custodial parent? I need some clarification.…
How can I go after a non-custodial parent that has been avoiding paying child support?
How can I go after a non-custodial parent that has been avoiding paying child support? There is no court order in place because he left when I was pregnant and…
Do parents that divorce have to pay child support?
Do parents that divorce have to pay child support? The question is: “Do parents that divorce have to pay child support?” The answer is (for Utah, where I practice family…
Can I sue for the child support I paid after our child started living with me?
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
Does child support still continue while child is in college?
QUESTION: I was wondering if a child goes to college but still lives with a parent, does child support still continue while child is in college? ANSWER: The Utah Code…
Shuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses
2017 UT App 192 THE UTAH COURT OF APPEALS CATHERINE JANE SHUMAN, Appellee, WESLEY ROBINSON SHUMAN, Appellant. Opinion No. 20160226-CA Filed October 19, 2017 Third District Court, West Jordan Department…
Today the court ordered me to pay child support, leaving me $6/month to spend feeding myself. What can I do?
Is it really true that the child support award leaves you literally with $6 per month? Let me explain why I ask. In Utah, where I practice, we have statutory…
How do I get my child support money from my mother?
How do I get my child support money from my mother? If your mother was ordered to receive $2,000 per month to save up for your education as an adult…
My mother is stealing my child support money, what should I do?
My mother is stealing my child support money, what should I do? There is a Utah statute that allows a child support payor to request that the child support recipient…
Garnishing Wages and Other Funds to Collect Child Support
If child support arrears are documented and filed with the state or a judgment has been placed on arrears, can an insurance claim to the person who is behind have…