In Utah, Paternity MUST be established before a court or a child support enforcement agency can make a child support order. In addition, in Utah, a child support order can ONLY BE retroactive if made in conjunction with a determination of paternity.
You can sue for back child support in Utah if your case meets certain legal conditions. The Office of Recovery Services (ORS) in Utah can help custodial parents collect back child and medical support from other spouses.
Work with your lawyer to persuade the court how the change will benefit the child: Prepare to demonstrate to the judge how your proposed modification to child support benefits your child. Usually, a change on its own won't suffice to justify a modification in child support.
(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000. (4) For purposes of this section "child" includes a child born out of wedlock whose paternity has been admitted by the defendant or has been established in a civil suit.
Usually the court will not consider child's preference unless the child is at least 14 years old.
Utah Code Section 78B-15-109 states, “The obligor's liabilities for past support are limited to the period of four years preceding the commencement of an action.” In other words, if you waited until your child was 22 ½ before trying to establish paternity, you would only be entitled to retroactive child support from ...
In your letter, you must identify who you are, state specifically what your change in circumstance is, and definitively request a review of your case. You will send this letter to the CSE caseworker assigned to your case in the regional office that enforces your order. You can find that information on the CSE website.
The varying yardsticks create some surprising results. For example, New Jersey ranks 47th in child support payments, even though it's one of the most expensive states in which to live. Massachusetts is first, and Nevada second.
No, in Utah, child support cannot be waived. It is not an option that the parents can simply accept or decline. Every divorce and legal separation case involving minor children in the state must ultimately include an order for child support.
You can only change the amount of child support if the difference in the currently ordered child support amount and the proposed child support amount is at least 10%. You can use the child support calculator to help you determine the new amount.