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What is a complete list of reasons someone can file child support that cannot be fought?

What is a complete list of reasons someone can file child support that cannot be fought?

There is no such list; however, here is my list of pretty dang safe bets that you’ll be paying child support if one or more of these factors are met:

You are the biological or adoptive parent of the child for whom child support is sought and:

You meet all the statutory/regulatory criteria for your jurisdiction to obligate a parent to pay child support.

You have substantially more money than you need on a monthly basis, i.e., a surplus of money that you can obvious spare for the payment of child support.

Or you are found to be able to earn or otherwise obtain more money than you need on a monthly basis, i.e., a surplus of money that you can obvious spare for the payment of child support.

Or you earn (or are deemed able to earn) enough money such that, even if you have to reduce your standard of living slightly or even somewhat significantly to pay child support, you can still live relatively well on less than you currently spend and pay the difference in child support.

About the only sure way to avoid being ordered to pay child support is to prove to the satisfaction of the court that you are unable to earn enough money to support both yourself and the child financially. Even if the other parent has more than enough money to support the child financially and does not even need your money, most jurisdictions will order you to pay child support, if the other parent wants such an order. The child support may be minimal (say, $30 or even less), but you’ll likely be ordered to pay child support, if you aren’t the child’s sole physical custodian.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-is-a-complete-list-of-reasons-someone-can-file-child-support-that-cannot-be-fought/answer/Eric-Johnson-311

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Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate I my lawyer will become a secretary and I will be bankrupt.

Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate I my lawyer will become a secretary and I will be bankrupt.

This is a great question.

Clearly, if the opposing lawyer is trying to run up the costs of the litigation by calling or corresponding with your attorney excessively, so that your attorney has to take the calls and/or write responses to all of the correspondence, that opposing lawyer is playing dirty.

Still, some cases are expansive and/or complicated and may require a great deal of back and forth between attorneys as a reasonable and necessary part of the litigation process.

If your case is the kind that doesn’t require anything close to the amount of calls and emails the opposing side is sending to your attorney, if it is clear that the volume of the opposing attorneys communications are excessive and engaged in in bad faith, you are not obligated to suffer it.

One way that your attorney and you may be able to remedy this problem would be by having your attorney send opposing counsel an email like this:

Dear opposing counsel,

It is clear to any reasonable person that the frequency and volume of your telephone calls and/or written correspondence with our office are unnecessary, unduly burdensome and oppressive, and engaged in in bad faith. My client cannot afford to have my staff or me take such calls and read and/or respond to every one of such written correspondence. Consequently, my client has now directed my staff and me to:

  • spend no more than five minutes per week taking calls from anyone at your office; and
  • read and/or respond to written communications from your office totaling no more than 250 words.

If in a given week you honestly believe you need more than five minutes to speak with me; and/or more than 250 words to communicate in writing to me, my client requires that you send me an email (no printed letters, no faxes) stating a clear and concise explanation why. No one at the office will read your email but I will forward it to my client to determine whether [he/she] authorizes me that week to speak with you for more than five minutes and/or review and/or respond to more than 250 written words from you.

If you have any questions regarding this policy, you are welcome to call me and discuss them with me for up to five minutes this week and/or email me with your questions this week, so long as your email is no more than 250 words in length.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Should-I-pay-my-lawyer-to-talk-to-the-attorney-of-the-other-party-He-spent-3-hours-last-week-responding-to-12-emails-from-the-other-lawyer-and-I-need-to-pay-him-for-this-time-At-this-rate-I-my-lawyer-will-become-a/answer/Eric-Johnson-311?prompt_topic_bio=1

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Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support?

If my spouse and I were to agree to share joint equal physical custody (50-50) of our child or children, would one of us still end up being ordered to pay child support to the other? If so, why? And how?

This is a good question and a question that many parents ask.

Some believe that if child custody is equally awarded to/shared between the parents, so that the children spend as many overnights with one parent as they do with the other, that neither parent pays the other child support. This is not true.

In a nutshell, whether a joint equal physical custody parent pays child support is not determined solely by the number of overnights the children have with that parent but by each parent’s income.

In a nutshell, the amount of child support a parent who shares joint equal physical custody of their children is not determined solely by the number of overnights the children have with that parent but by a combination of overnights with each parent and analysis of each parent’s income.

Generally speaking, unless the parents agree to a different arrangement and the court approves that arrangement, if one of the two joint equal custodial parents earns more than the other, that parent will end up paying some child support.

Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support and how much child support that parent will pay.

Legislation, regulations, and caselaw governing child support policy and calculation change, so be sure you know both A) what your jurisdiction’s current child support guidelines are and B) how to use apply them correctly and accurately when calculating child support.

This July 10, 2020 article from the National Conference of State Legislatures [click the link to access the article] provides a list of links to the child support calculation guidelines for every state and Washington D.C. in the U.S., as well as the Guan and Virgin Islands territories.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Do you flee the country to avoid alimony? Or do you happily comply?

Do you flee the country to avoid alimony? Or do you happily comply?

First, let’s discuss the “option” of fleeing the country to avoid paying alimony. It’s not really an option unless you consider obeying the law optional. In one sense, obeying the law is not optional because the law itself says so and makes provision for its enforcement by those who will not obey it. In another sense, obeying the law is not morally or ethically optional because if everyone treated obedience to law as optional and without adverse consequences for disobedience to it, we’d have anarchy, chaos, and misery.

Second, you have more options than those you listed in your question. If you are divorced and forced to pay alimony to your narcissistic ex-spouse, you not only have the options of 1) fleeing the country to avoid paying or 2) “happily complying”; you can also 3) grudgingly comply or 4) have the option of taking action in court to modify or terminate the alimony award.

The option of taking action in court to modify or terminate the alimony award is contingent on whether you can meet the legal requirements for modification. In Utah, where I practice divorce law, those requirements are either:

  • Unless a decree of divorce specifically provides otherwise, establishment by the party paying alimony that the former spouse, after the order for alimony is issued, cohabits with another individual, even if the former spouse is not cohabiting with another person when the party paying alimony files the motion to terminate alimony (and note that a party paying alimony to a former spouse may not seek termination of alimony under this provision later than one year from the day on which the party knew or should have known that the former spouse has cohabited with another individual); or
  • proving that, based on a substantial material change in circumstances not foreseeable at the time of the divorce, a modification or termination of the alimony award is warranted or necessary. Regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree expressly states otherwise.
    • In determining an alimony modification (which could include termination), the income of any subsequent spouse of the alimony payor may not be considered, with the exceptions that the court may consider the subsequent spouse’s financial ability to share living expenses, or if the court finds that the payor’s improper conduct justifies that consideration, or if the court finds some other compelling reason to do so.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Youre-divorced-and-forced-to-pay-alimony-to-your-narcissistic-ex-spouse-Do-you-flee-the-country-to-avoid-it-If-so-where-or-do-you-happily-comply/answer/Eric-Johnson-311?prompt_topic_bio=1

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What if I make my last alimony payment in pennies?

What would be the legal ramifications if I make my last alimony payment in pennies?

Unless you could prove that the only practicable way you could pay your last alimony payment (which I would imagine would number at least in the hundreds if not the thousands of dollars) in pennies, then if your ex-spouse objected to your attempt to pay your last alimony payment in pennies, the court would likely conclude that your attempt to pay alimony in pennies was primarily for the purpose of inconveniencing and unduly burdening your ex-spouse, would likely require you to pay in cash (in large bills) or check (one check, not a separate check for every dollar you owe), and sanction (fine) you for misconduct.

Paying fines and obligations in pennies was legitimately funny (even if mean-spirited) the first time it was tried. Now it’s just banal, petty, burdensome, silly, and offensive. Forewarned is forearmed. Proceed at your own risk.

https://www.quora.com/What-would-be-the-legal-ramifications-if-I-make-my-last-alimony-payment-in-pennies/answer/Eric-Johnson-311

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