How To Resolve Child Support Charges

Question

Is no child support legal? And my dad’s divorce lawyer allegedly forged my dad’s electronic signature (legal malpractice). My mom, who has custody of my little sister, received documents stating that she needed to pay nearly $20,000. This is negligent child support from the years she didn’t have custody of me or my little sister.

My dad is outraged, because not only did he tell legal that he didn’t want the money, but he specifically told them NOT to press charges. Finally, there are these documents, which are electronically signed, but my dad says he did not and would not sign documents that demand money from my mom. I know that if the signature is forged that this guy will suffer for it, but what about the fees? Is is legally possible for the recipient of child support money to force the courts to require no child support from the other parent?

Answer

I think there is a very easy way for your father to resolve this civil enforcement matter. Typically he could not ask to modify child support retroactively. However, your father can reach an agreement with your mother resolving her past due balance. The money is owed to him, albeit for the child. He can accept a different amount from your mother, such as $100. He needs to acknowledge to ORS that he and your mother have worked out the past due balance.

Then he needs to submit a satisfaction of any child support judgment filed in the court. Then there will be no basis for the attorney general, or a prosecutor, if there is a criminal matter pending, to move forward against your mother. Although child support follows the child, the court does not step in to enforce child support obligations. Enforcement actions are generally driven by the party owed the money.

How To Resolve Child Support Charges
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What To Do With A Claim Against An Agreed Order

Question

If my husband agreed to pay for something in the temp orders in the divorce two months ago, can he claim he can’t afford it now? All the sudden, since I don’t have a lawyer, my husband’s lawyer (also our appraisal came in WAY lower than he wanted it to)  is saying he can’t afford my house and will need to sell it asap.

As he can no longer afford it….. I have not been notified of a change in his address, and I am pretty sure he still has the same living expenses he did two months ago when we agreed on the order. Can he claim that he can’t afford the house with out a change in his financial situation? Could he make me move out and sell it even if he did have an optional change in his situation? Like he got a new car or not that he wants me to go through his attorney for everything? What if he up and lost his job? I dont think this is the case. I have the kids, and am getting no temp support outside mortgage.

Answer

The temporary order continues until the court orders a change. He can ask for a change for a variety of reasons, but typically the court would require a showing of a change in circumstances before changing the order. Generally, the court will not consider a change that he causes, such as quitting his job. If he is not following the written order, you have an action for contempt.

If he works for another company, you should open a case with Office of Recovery Services. They can generally garnish up to 50% of his disposable wages. He cannot make you move out of the home if you are awarded possession by the court. However, you will need to find a way to collect what is owed to you so that you can afford to stay in the house. If this is brought back to the court make sure that your order provides for the items listed in the link “Custody Order” below.

What To Do With A Claim Against An Agreed Order
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How To Get Joint Custody In Different States

Question About Joint Custody Different States

Can I get at least joint custody after moving from another state to find a job? There is currently no formal custody established. I left CA for lack of work though I keep contact with my kids. I now have a stable job and home and am able to provide a good school and child care. I’d like to attempt joint custody. The mom and kids are still in CA and I don’t belive she is going to cooperate. Do I have a chance? Where is the best place to start?

Answer

You have a strong chance to get parent time with your children even though they are in California. To start a custody case you need to file Complaint with the Court. This would have to be in the location where the kids have been for the last six months. California can enter a parent time award that allows you to have the children in Utah. If your thought is that they continue in school in California, you would need to ask for parent time during their school breaks. For more information about what to ask for, click on the link “Custody Order” below.

How To Get Joint Custody In Different States
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How To Get A Temporary Order Enforced

Question

What do I file to get a temp order enforced? In a divorce? The opposing party is claiming they will not be adhering to part of the temp orders. They do not see the need. It is not something that will cost them anything but something that I need as a benefit to me, they are being vindictive, plain and simple. what can I file to make them adhere to this part? When I file should I mention other threats he has made in regards to other parts of the order or just stick to the part I need enforced?

Answer

Stick to the violation that has already occurred. The court will not consider an issue before performance is required under the order. In order to enforce an order, you generally need to file a motion with the court. Once you file your motion, you need to ask the court to set a hearing. You need to serve the motion and the hearing notice on the other party. However, in Salt Lake County, if the issue relates to parent time, you will need to have a parent time mediation before the court will hold a hearing. Click on the link “Mediation Tips” below for more information.

How To Get A Temporary Order Enforced
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How To Keep Supervised Parenting Time

Question

Can supervised parent time be dissolved that easily? Supervised because of DV but is also waiting on a psycho-sexual evaluation. My ex is on supervised that was put in place in exchange for my dismissal of an ex parte protective order, and only visited the kids 2x in 6 months. we had 4 supervisors, but could agree on others. I refused to agree with 1 he asked for before the order changed to paid supervisors (in mediation) is that horrible?

Its been 2 months since the change and he just contacted 1 of 2 paid supervisors, after meeting w/ her I emailed her & told her I needed to cancel my contract w/ her. I told my ex’s lawyer he can use her but I have no reason to have a contract with her. (He is responsible for all fees) I am also worried that she has no sick child policy. Now he says he is working on getting rid of supervised visitation and the steps that requires. I AM SCARED. Am I in contempt? Can he do that?

Answer

I would step back and look at this situation from the perspective of the Court. The Court is not well equipped to monitor day to day decisions on visitation. Supervision is difficult to leave in place for extended periods of time for that reason. On the other hand your ex has agreed to supervision. If you want that order to stay in place, you should agree to people who can make themselves available to supervise. If you are making supervision difficult and the squabble about supervisors is in effect denying your ex visitation, the court will start to look for other options to make sure the child is safe. Click on the link “Custody Order” below for other factors you should consider in your custody order.

How To Keep Supervised Parenting Time
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How To Get Full Custody Without Visitation Rights

Question

Can I get full custody with no visitation? My husband has cheated on me since day one. When my daughter was being born he was texting his ex-girlfriend dirty pictures back and forth. He is very aggressive with my daughter and he beat up my disabled dad in front of her. He has a statutory rape charge when he was 16. Today, me and my friends and daughter went to an expo and he would not leave me alone, he followed me to the bathroom and waited for me to come out. He was being very aggressive and I thought he might hit me. I asked him to leave me alone at least 50 times and he would not while I was holding my daughter. I am very worried he might hurt her. My daughter is about 15 months old.

Answer

In order to have custody, you will need to file a petition in the district court. In that Petition, you would ask the court to award custody to you. You do not need to ask for parent time for the father, but he may do so. If he does, you can ask to limit his time. You should do this quickly if you are afraid about the safety of your daughter. Until there is an order, you will be vulnerable.

It would be wise to be present for any parent time until there is an order. You may also want a support person there. It may raise potential issues of Stalking and the need for a protective order. You should discuss these with someone at the court or with an attorney. If you have questions about what to include in your custody petition, clink on the link “Custody Order” below.

How To Get Full Custody Without Visitation Rights
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What Is The Process Of Uncontested Divorce?

Question About Uncontested Divorce

Uncontested Divorce, my wife is willing to sign the divorce papers. My wife and I are ready to sign the divorce papers, we don’t have any children or joint assets … Joint bank account closed and any other joint bills were canceled … We just want to get this happen, how much would it cost us to hire a lawyer, and is it worth it?? filling by ourselves ?? What do you think of those websites that help to file??

Answer

How long it takes to put this package together will determine your costs for an attorney since they generally bill at an hourly rate. You also have the court filing fee of about $318. I agree that even in a simple case like yours it is worth a couple of hours to sit down with an attorney and have him prepare the documents you have. It would be helpful for you to email a word document with all of the terms you have agreed to. You should also gather proof of your individual and joint debts, your individual assets and your retirement accounts, if any.

The last statements on each of these will provide necessary details to a property or debt division. You should make full disclosure at this point so that if one of you has a problem later, there will be no claim to set aside the agreement. It does not sound like either of you are asking for alimony, but have income and expense information for that claim to avoid future issues. Even if you decide to submit your own papers, you should hire an attorney to look over them. He can see if your agreement is complete and sound.

What Is The Process Of Uncontested Divorce?
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A Few Tips On Child Custody And Drug Use

Question About Drug Use

If the person comes up positive for Marijuana in a child custody, will they take the child away? Even if the person has sole physical custody of the son (2 years old), and always have been since day one and the father all the sudden wants to come back in his life and take it to court to get full custody.

Answer

If the complaint is filed by the father, the district court will need to hold a hearing. This will determine what is in the child’s best interests. Drug use will be an important factor because the court needs to determine whether the child is safe with you. However, there is a presumption that it is in the child’s best interest to continue an established custodial relationship.

If you already have a court order of custody and the father wants to change that, he will have to show immediate and irreparable harm. I recommend that you pay for UA tests to be done every three days for THC starting immediately so that you can demonstrate that Marijuana is not in your system and that you are not currently using drugs. When a court date is set several weeks down the road, you will have evidence that you are off drugs. For information about what you should include in your custody order, click on the link “Custody Order” below.

A Few Tips On Child Custody And Drug Use
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How To Be Prepared For A Psych Evaluation

Question about Psych Evaluation

Psycho-sexual evaluation in a divorce case, what should I know? as the non offending spouse, what should I know prior to meeting with the evaluator? what information is pertinent and what is going to make me sound less credible? I have 500 pages of material that is in the order that I can hand over to him, should I weed through it? or let him decide?

I keep feeling that I should have an attorney behind me for this part but my family doesn’t feel that way and the way the temp orders are written I don’t qualify for legal aid. even though there is no support getting paid, not even what is ordered. I am at a huge loss here and feel like i just need guidance for this part. this is THE SINGLE MOST IMPORTANT part of the case. PLEASE as much advice on this as possible would be great.

Answer

I agree that you should consult with an attorney before going into a custody evaluation. The evaluation can have tremendous weight in the decision of the court. If you have some guidance, you will know better how to focus your comments. The best advice for the evaluation is to focus your comments on your children. An evaluation is not a time to talk about the difficulties of the marriage or the offenses of your spouse.

An evaluator is making a determination about what is in the best interests of the children. A spouse who speaks divisively about the other, may not be able to foster a healthy relationship for the children with the other parent. On the other hand, it is also important for you to describe how closely you are bonded with the children; what you do with them and how you help them stay close to the other parent. You will need to have mediation at some point as well. For more information, click on the link below “Mediation Tips”.

How To Be Prepared For A Psych Evaluation
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How To Deal With International Child Custody

Question About International Child Custody Issues

Can a parent try to take custody of children if he is out of the country? My husband was incarcerated for 2.5 years and now is in the process of being deported. He was charged with aggravated assault. I moved myself and my 2 children to Honduras to wait for him under the assumption that we would reunite here and remain married. But in the last 6 months he has become abusive over the phone and I believe he is unstable. I am planing on leaving with my children and returning to Utah and filing for divorce before he gets to Honduras. My question is can he try to take custody of my children from a forgien country. My children and my self are US citizens.

Answer

Because you are dealing with strict timelines, you will need to consult with an attorney and provide the exact dates of your move to Honduras. If you have been away from Utah for more than six months, you may need to reestablish Utah as the home state of the children under the UCCJEA in order for Utah to make a child custody determination. However, whether your husband can file an action in Honduras depends on the laws of Honduras. Under Utah law, the court would look at the history of the parties and your history of taking care of the children as an important part of the custody determination. If you are moving back to Utah you should do so now so these time lines work in your favor. For more information on custody orders, click on the link “Custody Order” below.

How To Deal With International Child Custody
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