Legal Question in Family Law in Utah

I am currently having my child support reviewed/adjusted by Office of Recovery Services. I asked for the review back in August. My ex is holding up the process because his support is going up. I have been reading the law on what date the adjustment will go back to and do not completely understand it. It reads as follows: " A child or spousal support payment under a child support order may be modified with respect to any period during which a modification is pending, but only from the date of service of the pleading on th obligee. Once the tribunal determines that a modification is appropriate, the tribunal shall order a judgment to be entered for any differences in the original order and the modified amount for the period from the service of the pleading until the final order of modification is entered." What is the date of service of the pleading? Would it be the date I asked for the review and they notified him? Please let me know, I do not want to get less than what I should for my daughter. Thank you


Asked on 11/30/10, 5:47 am

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

It will go retroactive to the date the State formally files a motion with the court. If they haven't done that yet, you should ask them what the status is or you can retain private counsel to file the papers.

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Answered on 12/05/10, 8:24 am


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