Legal Question in Family Law in Utah

Equitable child support for children

I am separated from my husband at this time but have not done anything legally. He is in prison and could be for some time. He was previously married and still has two children who are minors from that marriage. Together we have three children. He has been in prison for a year and unable to pay any support for his children. He is now making .80 cents an hour in the prison. His ex-wife has filed with recovery services because he has been unable to pay for the past year. They have notified him they will take 65% of anything he makes to send her. I have also talked to recovery services and was told that any decree of support for my children would be based on what he is making now in prison and would therefore be $20 if I'm lucky. Her decree was already in place for $250 a month in child support therefore they would take the 65% and divide it, but she would receive 90% or better of that, and I would receive next to nothing for the support of my three children. Is there anything legally that I could to see that all his children receive some equitable support. Do not all children have equal protection under the law. I am fighting just to feed my children.


Asked on 10/12/01, 7:11 pm

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

Re: Equitable child support for children

For the present all you can do is to take what you can get from recovery services. Get your divorce. When he gets out of prison, and if he gets a decent job you can refile for a change in child support. I suggest you move in with your parents or other family if possible to help with the cost of rearing the children, and to provide them with a good role model of a reasonably functional family. You should qualify for WIC and other welfare to help out a little.

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Answered on 11/23/01, 9:37 am


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