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Tag: Child Support

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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.…

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

April 25, 2023

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

April 6, 2023

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…

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

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

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

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

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

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

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 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

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

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

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 |…

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