QUESTION
Is it right that ex-husband was awarded parent-time but no child support?
Asked on Sep 19th, 2015 on Family Law - Utah
More details to this question:
I obtained a hearing for a protective order. I was given my protective order and he was awarded parent-time but was not told to pay any child support. Reason judge stated, was since my divorce is from Japan he doesn't have any jurisdiction to order child support. My question is, how is awarding my ex-husband standard parent-time any different then to have ordered him to pay a standard child-support? Marriage/divorce or not people are required to give parent-time as well as pay child support. On the Utah court website, it states that even if a person is not getting parent-time it isnt grounds for not paying child support and vise-versa. It gives me the impression that the are both mandatory regardless. I just dont see how this is just and how a judge can not order child support stating he doesnt know if he has jurisdiction with a Japan divorce but still grant him a standard parent-time?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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To begin with, parent-time and child support are not connected, they are separate issues. One can be awarded without the other.
You state that you have a foreign divorce decree. If you have not already done so, you need to domesticate that decree, thereby making it a Utah decree. Then you can seek to enforce the terms of that decree.
You need to consult with an experienced family law attorney to unravel all of the problems. I have handled similar matters.
Answered on Sep 20th, 2015 at 7:24 AM