Child Support Archives

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…

Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

October 18, 2021

Divorce Utah

Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law

banking, Child Support, divorce finance, divorce law, family law, funds, Utah law

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have used this method of paying child support and accounting for…

What is one thing you wish you would have added in your divorce parenting plan?

October 6, 2021

Divorce Utah

Child Custody, Child Support, Co-parenting, Divorce, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parenting Plan, Women's Divorce Issues

Child Support, divorce law, divorce settlement, family law, parenting plan, provisions

Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included: a “loser pays” clause for 1) when a party takes action in court to enforce the provisions…

If the father got the child custody, will the mom pay for child support?

In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other parent, the parent awarded less custody is going to pay…

What happens to a child support order if both parents move out of the country?

Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then the child support order remains unchanged and remains in full…

How can I get an emergency hearing for custody and child support?

I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for custody and child support? The answer: Have a good reason.…

Would you support changing the law in each and every single U.S. state to make it crystal-clear that people have an unlimited insurable interest in their own child support obligations as well as in their family members’ child support obligations?

September 16, 2021

Divorce Utah

Child Support, Child Support Calculation, Divorce, Divorce Law, Family Law, Utah Law

Child Support, code, divorce payments, finances, law, United States law

No. I do support that idea that one’s own child support entitlement should be an insurable interest in the amount of the entitlement itself (meaning that if you are the child support obligee/recipient you should have the right to purchase…

Can an unemployed alienated parent be forced to help pay for a car for the child?

First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of purchasing a car for a child, it’s unlikely that a…

Why is child support still garnishing my friend’s wages and her children are back in her custody?

September 6, 2021

Divorce Utah

Child Care Costs, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Women's Divorce Issues

child custody, Child Support, divorce, finances

There could be at least two possible reasons. 1. Even though the child is living with you, if the court and/or the child support collection agency has not been made aware of the change in custody and modified the child…

Utah Child Support and Hunting/Fishing License Denials

August 28, 2021

Divorce Utah

Child Support, Child Support Enforcement

12 months, Child Support, child support enforcement, fishing license, hunting license, payment plan

From the Utah Office of Recovery Services: A new Utah law (U.C.A. 23-19-5.5) becomes effective July 1, 2021 where a hunting/fishing license purchase will be denied if a person owes over $2500 in past-due child support through the Office of…

Why do I pay the child support knowing my kids are living in other countries?

Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they still require financial support. Simply living in another country or…

Tag: Child Support