Utah Child Support Legal Questions

What you need to do is immediately get with an aggressive and experienced family law attorney and file a petition to modify with the court to change custody and child support. Don't mess around and waste more time... get moving now while you have all the proof that the child is living with you. Odds are that she'll have to pay you child support, and that will probably upset her and cause her to try to get the child back. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody and support claims and concerns to do what truly is in the child's best interests. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.
 Don't wait any longer, give a call and let's getting working to protect you and your child.
 
David R. Hartwig 

801-486-1715... Read Answer

Without a lot more information, I don't know if anyone can help you. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Your boyfriend needs to get moving on this matter. When you say he was denied a paternity test, how was that done? Was it by the court?   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. 
Don't wait any longer, give a call and let's getting working to protect your child and your rights.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

From what you say, your support order is only through the state's office of recovery services, and not through the courts where you have a court ordered support. That makes life very difficult, and ORS does not often actively pursue cases. If you open a case on Colorado, they will simply move over to Utah's case. It may not be helpful. What kind of case is it?... Read Answer

Arguably, he might be able to challenge her claims. But, let me ask, why isn't he concerned about this? Legally you are not involved in this and it would be solely his case. Your situation involves major factual and procedural issues. These are issues that we can discuss. If he is interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If he wants to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

It may be possible -- eventually. But, as you have waited four years, probably unlikely right now. Sounds like you never established your legal rights, and that is an error and a problem. You will probably need to file for any custody or visitation in Florida, since the children appear to have been there for 4 years.... Read Answer

You have a number of options. The most direct would be to file with the court asking for a judgment for the amounts he owes (so you can garnish his paycheck), to compel him to pay timely, and to hold him in contempt and award you your attorney fees and costs incurred in filing the motion. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, call now and let's getting working to protect your interests.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

From what you say, the best thing to do is file a paternity action to determine custody, parent-time, support obligations, and insurance coverage. Once you start that, and if the father gets insurance in place, you can end the State's involvement. If you want more details, go to http://www.hartwig-law.com/Family-Law/Paternity.shtml. David R. Hartwig 801-486-1715... Read Answer

I need to review your divorce decree to see what it says on this subject. That document will control. From there, I'd need to review your email and text communications.   These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I do not understand why you continue to pay child support, and hide the fact that the child lives with you from ORS, a state agency. Arguably, that could be considered fraud. Plus why are you paying when you should be receiving? What you need to do is change the custody and support orders to reflect reality. Then the father's threats would be empty, and you would be receiving support. I can help you in this matter. I have handled a number of cases like this, and been successful. As the child has been living with you for two years, that fact should be easy to prove and would support changing custody to you, as well as granting you child support. There is no reason to wait, and suffer through more threats or pay more child support. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my office this Monday (today is a holiday and the office is closed), to set an appointment.David R. Hartwig801-486-1715... Read Answer

You can only safely stop making child support payments when the order requiring you to do so is changed. If the child is going to live with you, you need to change the custody and support orders, including perhaps having the other parent pay you child support. You need to review the situation with an experienced family law attorney to ensure the proper orders are prepared, filed, and signed by the court. I am available to assist you, if you so desire. David R. Hartwig 801-486-1715... Read Answer

The simple answer is "No", you cannot file a judgment against him. You need to comply with legal guidelines and procedures, such as filing a motion, supported with appropriate documentation (and in compliance with the rules), schedule a hearing, and appear for the hearing to see if the court will grant you a judgment. In order to avoid possibly messing things up, you should retain an experienced family law attorney to assist you with your claim, and ensure all of the legal requirements are met. I am available to assist you, should you want.... Read Answer

The Decree of Divorce would actually control. Having said that, it usually is turned 18 and graduated from high school, whichever is later. You should consult with an experienced family law attorney to review the decree and, if appropriate, file the appropriate notice in the divorce case to terminate child support. I have handled these types of matters.... Read Answer