Child Support Archives

Do I Need a Lawyer for Child Support Hearing?

January 18, 2023

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

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…

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…

If you pay child support directly but want to pay through the state instead, can this be done without asking the court for permission?

October 24, 2022

Divorce Utah

Child Support

Child Support, ORS

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 answer it as it applies in Utah, where I practice…

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 ORS and/or the court need my child’s Social Security Number…

New Laws Affecting Utah Divorce and Family Law in 2022

September 15, 2022

Divorce Utah

Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

2022 Utah legislative session, Child Support, divorce law, domestic relations cases, family law, Parent Time, protective orders, Utah, Utah law, Utah Legislature

Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family Terminology Amendments.” This bill amended language regarding marriage and legitimacy.…

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a divorced parent must pay for a child’s school fees. I…

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, no, it is not acceptable. In the jurisdiction where I…

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 as the child support obligor): tying child support to the…

Do you pay tithing on child support?

May 27, 2022

Divorce Utah

Child Support, Divorce, Divorce Costs, Divorce Fears, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Child Support, child support award, church, Church of Jesus Christ of Latter-Day Saints, divorce, divorce finances, divorce orders, increase, tithing

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 kind of response: “It’s between you and the Lord.” While…

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 can answer this question in the context of Utah law,…

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

April 18, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues

appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals

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 District Court, Logan Department The Honorable Brian G. Cannell No.…

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 me. The kid is 16 years old. I cannot speak for…

Does Utah ORS collect childcare by garnishing a paycheck?

March 11, 2022

Divorce Utah

Child Care Costs, Divorce Costs, Finances, ORS (Office of Recovery Services), Utah, Utah Code, Utah Court Rules, Utah Law

child care, child services, Child Support, Office of Recovery Services, ORS, Utah, Utah law

Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect prospectively monthly child care expenses. Utah Family Law, LC |…

Is it true that family courts get paid from child support payments?

February 23, 2022

Divorce Utah

Child Care Costs, Child Support, Child Support Enforcement, Court Orders, Court Rules, Divorce Law, Family Law, Judges, ORS (Office of Recovery Services)

Child Support, child support payment, court, divorce and family law, family court, finances, judges, lawyers, Office of Recovery Services (ORS)

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 not collect child support, they issue orders that and title…

Family Law Legislation 2022 – Part 1

January 29, 2022

Divorce Utah

Child Support, Divorce Law, Family Law, Parenting Plan, Unwed Parents, Utah Law

2022 legislative session, Child Support, divorce law, family law, gestational agreements, parenting plans, Utah State Legislature

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 and family law matters. H.B. 51 Title: Gestational Agreements The…

What if a parent sued their child for all the money they spent raising them?

January 28, 2022

Divorce Utah

Child Care Costs, Child Care/Surrogate Care, Child Support, Judges, Parent Time, Parental Fitness, Parental Rights, Uncategorized

child, Child Support, family finances, finances, judge, lawsuit, parent, parenting, sue

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 parent’s favor? You’d likely have an incompetent and/or biased judge. …

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 becoming homeless without the assistance we need? Depending upon your…

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 or immoral about the principle of child support ending the…

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 assistant to a divorce attorney has given me the opportunity…

Tag: Child Support