Child Support Archives - Divorce Utah

What are some interesting facts about child support?

October 22, 2019

Child Custody, Child Support, Child Support Enforcement, Child Support Modification, Children in Divorce

Child Support, children, custody, divorce, facts, obligee, obligor, payee, payor, 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 child support based upon the income you no longer have.…

An Interesting Article on Differences in Child Support Rates

September 9, 2019

Divorce Utah

Child Support

Child Support, child support rates, higher, lower

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 familylawyermagazine.com is just another example. It’s a great resource, and…

Do I have to keep paying child support if our child doesn’t live with the other parent?

August 21, 2019

Divorce Utah

Child Support, Child Support Modification, Children in Divorce

child residence, Child Support, district court, noncustodial parent., Office of Recovery Services, ORS

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 her mother’s boyfriend, then my daughter just moved out of…

Do judges get angry at “dead beat dads” who aren’t biological fathers?

August 15, 2019

Divorce Utah

Child Support, Child Support Modification, Paternity

angry, biological father, Child Support, court, deadbeat dad, dna testing, feelings, judge, opinions

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 are some well-publicized instances of men who can prove they…

What is child support intended to cover?

August 14, 2019

Divorce Utah

Child Support, Children in Divorce, Utah Code, Utah Law

child care, Child Support, dental, expenses, intent, medical, purpose, Utah Code § 78B-12-102, Utah Code § 78B-12-108, Utah Code § 78B-12-218

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 education of a child until the age of majority, the…

Is there any way I can reduce child support?

August 13, 2019

Divorce Utah

Child Support, Child Support Modification, Children in Divorce

Child Support, circumstances, disability, earnings, future, income, material change, medical, Modification, modify, potential, present, support needs, Utah Code § 78B-12-210(9), wealth

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 there are ways: If you can persuade the court that…

The best thing to write in the memo line of the last child support check?

July 15, 2019

Divorce Utah

Child Support, Child Support Enforcement

Child Support, final payment, last payment

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 the final payment and no debt remains outstanding, I’d suggest…

2019 UT App 83 – Nave Free v. Free – modification of child support

May 23, 2019

Divorce Utah

Assets/Debt/Property, Best Interest of the Child, Child Support, Child Support Modification, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2004 UT App 314, 2009 UT App 152, 2013 UT App 296, 2015 UT App 308, 2016 UT 48, 2016 UT App 125, 2016 UT App 135, 2017 UT App 192, 2018 UT App 195, 311 B.R. 618, 323 P.3d 586, 365 P.3d 719, 379 P.3d 882, 379 P.3d 890, 387 P.3d 1000, 406 P.3d 258, 437 P.3d 464, 78B-12-210(9)(b)(iii), 897 N.Y.S.2d 401, 98 P.3d 1178, Bagley v. Bagley, Cantrell v. Cantrell, Child Support, Diener v. Diener, Dole v. Dole, Earhart v. Earhart, Fish v. Fish, Hansen v. Hansen, In re Harrelson, income had substantially increased, medical expenses of children, needs, petition to modify the divorce decree, Poberesky v. Poberesky, relative wealth, remarried, renting out a house, Shuman v. Shuman, substantial change in material circumstances, Taft v. Taft, upward deviation, Utah Child Support Act, Utah Code §§ 78B-12-101 to 403

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 Fourth District Court, Heber Department The Honorable Jennifer A. Brown…

Is It Harder to Get a Job After 40? Should Divorce Courts Care?

January 25, 2019

Divorce Utah

Alimony and Support, Child Support, Child Support Enforcement, Child Support Modification

40 years old, 7th District, age 40, alimony, Child Support, employment, imputation, impute, inc. magazine, job, unemployed

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 and/or alimony: “A friend of mine turned 40 recently, and…

How do I get the court to order my ex to help pay for our kids’ college educations?

December 14, 2018

Divorce Utah

Child Support

adult children, age 18, age 21, Child Support, college, college education, Utah Code 152-1

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, § 15-2-1 of the Utah Code does provide: “It is further…

Why does my ex-husband believe I’m spending child support on myself?

August 31, 2018

Divorce Utah

Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Child Support, spite, trust

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 it’s possible (possible does not mean likely, just possible); and…

Child Support: can it be awarded to a joint custodial father who lost his job, if the mother is employed?

August 30, 2018

Divorce Utah

Child Custody, Child Support, Divorce Law, Fathers' Divorce Issues, Joint Physical Custody, Mothers' Divorce Issues, Women's Divorce Issues

Child Support, father, fired, job loss, joint custody, mother

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 of Utah, where I practice divorce and family law: I…

Passport Denial for Failure to Pay Child Support

July 26, 2018

Divorce Utah

Child Support, Child Support Enforcement

527, arreage, arrears, Child Support, child support enforcment, delinquent, denial, deny, ORS, passport application, passport renewal, Utah, Utah Administrative Rules

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 application to renew a U.S. passport. Exercise of this power…

Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality

July 24, 2018

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Enforcement, Children in Divorce, Divorce Costs, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Procedure, Settlement

child custody, Child Support, divorce, jury trial, no right to jury trial

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, Appellant, v. ADRIENNE R. HAHN, Appellee. Opinion No. 20170303-CA Filed…

Do you believe in public shaming of parents who don’t pay child support?

June 28, 2018

Divorce Utah

Child Support, Children in Divorce, Contempt of Court

Child Support, public shaming

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 chooses not to pay? That might cause child support to…

Will Remarriage Increase the Amount of Child Support I Pay?

June 13, 2018

Divorce Utah

Child Support, Men's Divorce Issues, Women's Divorce Issues

Child Support, income, nonearned income, remarriage

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 paying child support and have no qualms about it, I…

Shuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses

November 2, 2017

Divorce Utah

Child Care/Surrogate Care, Child Custody, Child Support, Debts, Marital Property

2017 UT App 192, child care expenses, child custody, child medical expenses, Child Support, marital assets. marital debts, Shuman v. Shuman

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 The Honorable William K. Kendall No. 104400246 Theodore R. Weckel…

Today the court ordered me to pay child support, leaving me $6/month to spend feeding myself. What can I do?

October 20, 2017

Divorce Utah

Child Custody, Child Support, Custody, Divorce Law

Child Support, too high

Well, you won’t find me doing much to defend the legal system at the lawyer and trial court level. Still, is it really true that the child support award leaves you literally with $6 per month? Let me explain why…

My mother is stealing my child support money, what should I do?

October 7, 2017

Divorce Utah

Child Support

accountability, accounting, Child Support, fiduciary duty, stealing

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 account for how the child support money is spent: 78B-12-218.…

Garnishing Wages and Other Funds to Collect Child Support

October 6, 2017

Divorce Utah

Child Support

Child Support, collection, garnish, garnishment

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 a lien put on it to deduct the arrears amount…

Tag: Child Support