Child Support Archives

If I Owe Arrearages in Child Support, Do They Go Away if I Am Awarded Full Custody?

May 22, 2023

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 a safe bet that most jurisdictions take a similar approach,…

What Is the Aim of Manipulating Children in Divorce Cases?

May 1, 2023

Divorce Utah

Child Custody, Child Support, Children in Divorce, Co-parenting, Custody, Uncategorized

attention seeking, co-dependency, gaining or saving money, pride, spite for the child, spite for the other parent

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 award, and the more time a child spends with a…

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 Honorable Brian G. Cannell No. 154100713 Sara Pfrommer, Ronald D.…

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, 2023 On Certiorari to the Utah Court of Appeals Third…

What Can I Do if Ex-spouse Wants to Pay/Receive Less Child Support by Misrepresenting His/Her Income?

April 25, 2023

Divorce Utah

Child Custody, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Dirty Tricks

Child Support, dirty tricks

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 similar laws or rules, but you will need to inquire…

If a Single Mother Is Requesting Child Support, Do You Think That the Father Should Gain Custody of Their Children Instead?

April 12, 2023

Divorce Utah

Child Support

child support policy

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 angle, so I will give you my perspective on the…

If the Mother Loses Custody of the Child to a Third Party Does the Father Still Have to Pay Child Support

April 6, 2023

Divorce Utah

Child Custody, Child Support

child custody, 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 laws of every different jurisdiction function), if a parent loses…

How Does Child Custody Work in Utah if the Parents Are Not Married?

March 27, 2023

Divorce Utah

Child Custody, Child Support

child custody

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 §§ 30-3-10, 30-3-10.2, and 30-3-35.2. Those factors are (some criteria in…

U.S. Marriage and Divorce Statistics

March 10, 2023

Divorce Utah

Abuse, Adultery, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Child Support, Children in Divorce, Custody, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Fault, Finances, Grounds for Divorce, Infidelity, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Separation, Settlement, Substance Abuse, Visitation, Women's Divorce Issues

Contributing factors to divorce, Divorce and political affiliation, Divorce effects on children, divorce rate in the United States, Divorce rates by addiction & mental health, Divorce rates by age, Divorce rates by education level, Divorce rates by ethnicity, Divorce rates by financial stability, Divorce rates by gender, Divorce rates by generations, Divorce rates by occupation, Divorce rates by religion, Divorce rates by social media, Divorce rates for interracial couples, Divorce statistics by state, How close friends or family impact divorce rates, How coworkers can increase divorce rates, How divorce affects couples with kids, How parents’ relationships affect divorce rates, Impact of divorce on child custody and child support., Military divorce rates, Same-sex divorce rates, The financial impact of divorce, Top divorce statistics you should know, What are the most common reasons for divorce?, Where you met

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 and put it all together in a massive blog post…

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Divorce Utah

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

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. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…

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?

February 24, 2023

Divorce Utah

Child Care Costs, Child Custody, Child Neglect, Child Support, Child Support Enforcement, Children in Divorce, Parent Time, Parental Rights, Physical Custody, Sole Custody

Child Support, parental rights, sole custody

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 with the child on the grounds that it is necessary…

Is There a Way to Get Legal Action on Child Support for Free?

February 16, 2023

Divorce Utah

Attorney Fees, Child Care Costs, Child Support, Child Support Calculation, Divorce Costs, Lawyer Fees, Utah, Utah Code

Child Support, free legal services, inexpensive legal services

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 services are limited to those who are poor, those who…

How Does a Parent Avoid Paying Child Support if His/Her Employer Garnishes Their Paycheck for It?

February 7, 2023

Divorce Utah

Child Support, Child Support Modification, Modification of Child Support

Child Support, modification of child support

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 by not getting a paycheck from the employer. Indeed, this…

Do I Need a Lawyer for Child Support Hearing?

January 18, 2023

Divorce Utah

Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification

Child Support

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 not that patient, friendly, or all that sympathetic with people…

What Happens When Someone Refuses to Pay Child Support?

January 17, 2023

Divorce Utah

Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification

Child Support, garnish, garnishing

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 can happen. What follows is not an exhaustive list of…

What Steps Can You Take To Get a Reform on Child Support Law?

January 13, 2023

Divorce Utah

Child Support, Utah, Utah Law

child support laws, law reform

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 helps. Getting the sympathetic ears of your local legislators is…

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

December 6, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Custody, Legal Custody, Modification of Child Custody

custody, Parent Time, sole custody

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 minds of most legislatures, judges, and lawyers. Back then, married…

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 Ernest W. Jones No. 204900701 Devin Thayne, Appellant Pro Se…

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 from the Court of Appeals Third District, Summit County The…

Do family courts favor mothers?

November 8, 2022

Divorce Utah

Child Custody, Child Support, Custody, Divorce, Family Law, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

favoritism, mothers, sexism

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 favoritism showed mothers is not as great as it was…