Legal Question in Family Law in Utah
child support
My daughter filed for divorce almost a year ago. They have been seperated since January 2008. Her soon to be ex spouse rarely gives her any child support, he finally signed the papers Jan 2009. He still hasn't gone to the divorce course. They have 4 children and he has only given her about $200 in 4 months. He hasn't paid for any of the divorce either. His stalling has been to his advantage. She retained a lawyer but he says that it will cost more now to get temporary orders and the judge wont grant the divorce without the class. I don't know how to help her and she is sinking fast. Thank you for your advice.
2 Answers from Attorneys
Re: child support
She should have had a lawyer all along. She can apply for a final divorce notwithstanding he has not taken the class - and can ask for sanctions. Obviously he is going to be irresponsible. I suspect that she might have agreed to terms which are probably not in her long term best interests, just to get this far. She may call for a free consultation.
Re: child support
If you would like to contact me, I offer an initial consultation at no charge at which time I would be happy to discuss her options. Frankly, I think she should file a motion for temporary orders and get something put into place as soon as possible. If they separated in January, 2008, the court will, in all likelihood, award her child support retroactive to that date. Also, depending on their respective financial circumstances, she may be able to get an award of attorney's fees since he has dragged this matter out for so long.
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