QUESTION
Will I be able to file for past due child support?
Asked on Feb 13th, 2016 on Child Support - Utah
More details to this question:
Our divorce decree was final in 2007 in Summit County, at which time our two youngest children were 16 and 14. In the divorce decree, he agreed to pay $1500/per month for child support until our youngest son turned 18 or graduated from high school in the spring of 2012. He only paid a fraction of the total during these 5 years. I have records of the dates and amounts of his payments. Our youngest is now going to turn 22 on Feb 22 - (four years almost on the statute of limitations for collecting past due child support.) Can I file a judgement against him now to collect past due child support?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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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.
Answered on Feb 16th, 2016 at 1:01 PM