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6 Questions Answered
- Q. Can my husband's ex wife claim old child support if she forgave our debt years ago? She is not claiming. Just curious.
- A: There is certainly a chance she will be able to enforce the unpaid child support. In Utah, child support is determined by statute, not by agreement, and the child support obligation is based on the current order of a court. If you have not modified the order based on reduced income or change in circumstances, then the originally ordered amount still applies. Additionally, unpaid child support can be pursued even after a minor child becomes an adult. She could potentially pursue the unpaid amount either through ORS or by filing an order to show cause with the court, requesting to reduce all unpaid amounts to judgment.
- Q. I got charged with contributing to the delinquency of a minor but i am not 21 do i need to worry about this
- A: Any time you face criminal charges, you should be very active in protecting your rights and defending the charges. You do not have to be 21 to face adult criminal charges. 18 years old is considered an adult and you can be charged with contributing to delinquency before age 21. You should speak to an attorney to determine whether the charges are viable and if you have an effective way to defend or respond to the charges.
- Q. My son's father has not seen him in over 3 years how do I go about terminating his rights
- A: There are two basic options in terminating parental rights. First, you could try for a voluntary termination of his parental rights and he can sign away his parental rights. This is the fastest, easiest, and simplest way to terminate parental rights. The other way is involuntary termination of parental rights. If you are interested in this, you need to show that he has either abandoned the child, abused or neglected the child, and a few other options. From what you have said, it sounds like you have a good case to show abandonment. Of course, I would recommend consulting with an attorney if you want to seriously pursue involuntary termination.
- Q. When do the details of the divorce petition become binding? is it at time of filing or once the Judge has signed it?
- A: This is a tricky questions that depends on the specific circumstances of your divorce. Generally, the decree of divorce is binding when it is signed and entered by a judge. However, in many cases, a judge will back date the effective date of the order to the date the petition was filed, or in the case there is a stipulated agreement, to the date the agreement is signed. You should probably contact an attorney to review your particular case and help you determine the best answer to your question.
- Q. My ex and i broke up, He has a dog, and he hardly takes care of him. Is there anyway i can fight to own his dog?
- A: Very unlikely. Animals are generally considered personal property and you will not likely be able to get legal ownership by claiming abuse or neglect. However, animal cruelty is a crime and you may have a chance of convincing your ex to give you the dog by threatening to report the neglect to animal control. However, if you do report the neglect, it is more likely that the animal will be removed from his possession and taken to a shelter. You may or may not have the option to take ownership.
- Q. Can a parent restrict visitation if I am 1 week late on my half of a medical bill? current on all others
- A: Generally, payment of support, whether monthly child support or for medical care, and visitation rights are separate rights that do not affect each other. If the terms of your custody order grant you visitation or custody over Christmas, then the mother has an obligation to permit travel consistent with the terms of the order regardless of the medical bill. I would recommend having an attorney review the terms of the custody order to help you understand exactly what your rights are.
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