My ex-wife had been on disability and now does not have the children. My ex-wife has been on disability for years, she has been the custodial parent, but has me taking the children now full time. I still pay her child support even though I now have the children. I’m asking her to remove the order, does or is she able to pay child support to me now that I have the children? Even though she is on disability?
The underlying issue here is a change of custody. You need to ask the court to change its custody order to reflect the agreed change of custody. Under Rule 106(b) of the Utah Rules of Civil Procedure, the general rule is that the old order stays in place while your Petition to Modify Custody is pending. However under Rule 106 b)1)B) the court can ratify the changes of the parties immediately. The court generally does give you temporary custody when the two parents have made that change on their own. However, if the mother changes her mind, and asks for the children back, it is less likely that the court would change custody until there is a trial. The reason you should file your request for custody now is that the parties are in agreement. You should consult an attorney to determine whether the children are entitled to receive a disability payment. Perhaps they can receive some other support due to their mother’s disability as well.