Legal Question in Family Law in Utah

Child support and age

My daughter is 15 years old and her father has not paid child support for over 6 months-he has had no interest in her and she does not want to go to his home. 1) At age 15 can she decide that? 2)Does he have the right to see her if he is behind on support payments? He says he will start paying me when he gets to take her as he wants. Should I turn this over to ORS? She has made it clear to him and me that she does not want to be at his home. He at one time said he has to respect how she feels and won't push it and now has pulled this out. He was unemployed and has regained employment. What should I do?


Asked on 8/27/08, 3:12 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Child support and age

1) She can decide at age 18. Prior to that age you need to make her available. However, she can tell her father what her wishes are. You should not get involved between them unless visitation puts her at risk of serious harm - and then you must file a motion with the court to intervene. Remember there is a court order requiring her to be available for visitation.

2) He can see her regardless if he is behind in payments. You may however return to court to get a contempt order against him for nonpayment. Also contact the Office of Recovery Services to begin collections.

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Answered on 8/28/08, 10:13 am


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