New Child Support Enforcement Penalties!
New Child Support Enforcement Penalties! In the 2020 legislative session the Utah State legislature passed a new Utah Code section, section 23-19-5.5. This new law--effective July 1, 2021--provides that an…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
Should I accept money from my ex for the kids, even if I’ve already filed in court for child support?
Should I accept money my ex sent for his kids (not enough to support), even if I already decided to take him to court for child support? I don’t see…
Why not reduce child support when the supporting parent loses his/her job?
Should child support be ordered reduced as soon as (automatically when) the supporting parent loses his/her job through no fault of his/her own? Of course. The only reason we don't…
Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
Should it be a crime to work under the table to dodge child support?
Concealing your income to avoid having child support correctly calculated is already a crime, and for obvious reasons. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Should-it-be-a-crime-to-work-under-the-table-to-dodge-child-support/answer/Eric-Johnson-311
Has Facebook been used in child support cases?
Sure, if it provides evidence relevant to a child support issue. Such as? proof of employment - if the child support obligor claims “I can’t pay support, I don’t have…
What are some interesting facts about child support?
Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay…
An Interesting Article on Differences in Child Support Rates
Child support is one of the most hot-button topics. I will introduce this cited article with praise for the consistent quality and relevance of articles from familylawyermagazine.com. This article from…
Do I have to keep paying child support if our child doesn’t live with the other parent?
Question: My daughter turns 18 in the middle of September. I just recently learned that her mom moved away a couple of months ago leaving my daughter to live with…
Do judges get angry at “dead beat dads” who aren’t biological fathers?
Do judges get angry at supposed "dead beat" dads who are not the biological father and refuse to pay child support for a kid that is not theirs? Occasionally. There…
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…
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…
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…
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…
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, §…
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…
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,…
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…
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…
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…
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…
Remarriage Affecting Child Support?
QUESTION: Does remarriage affect child support? My ex-wife remarried a man who makes about 4x more than I do annually. Because of this she doesn’t have to work anymore. I…
Can a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?
QUESTION: Dear Eric, My ex and I have been separated for a while now. He has not given us any money for child support. I am supporting my child and…
When does child support end in Utah?
The two most common, main triggers for the termination of court-ordered child support in Utah are: when your child reaches majority at the age of 18 years and graduates from…
Can Step-Parents Get Custody if a Child isn’t their Biological Child?
Can step-parents get custody or visitation of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just how…
Can ORS Lower My Child Support?
When parties are divorced or subject to a separation order in Utah, the Decree of Divorce or Separation Order will identify the child support obligation will be. It would, however,…
Protection from Domestic Violence in Utah
PROTECTION FROM DOMESTIC VIOLENCE IN UTAH Numbers provided by the Center for Disease Control and Prevention reveal that one in three women in Utah will experience domestic violence, compared to…
Artificially modifying income: Why efforts to trick the court about your income usually will not work
Near countless hours have been spent fighting over how much alimony or child support parties should pay and receive in a divorce action. While in Utah the legislature has established…