Legal Question in Family Law in Utah

I am a Non Custodial parent that has my two children for summer visitation. While they have been in my care I had taken them to both eye and dental visits. Come to find out my son has several teeth, (6 total), that were in need of extraction and several cavities that need to be filled costing approx. $2800.00. My daughter eye sight is poor and was in need of glasses, (a school teacher had made her aware of this months ago), and she never followed up on. To make a long story short armed with a letter that was drafted up for me by the dentist I called CPS to file a report of neglect against my ex spouse. If CPS finds her to be neglectful and determines that the children need to continue to reside with me because of it and the fact that my son is going to need frequent on going treatment because of orthodontics, will a court cancel the order of child support to her to help allow me to care for my children full time? Thanks for any help.


Asked on 7/26/11, 4:02 pm

1 Answer from Attorneys
Jared S. Lawrence Jared Lawrence PC

Child support follows the children. Each parent based on their respective incomes and the number of children are assessed child support. Then the amount is to be paid to the one with custody. If you are asking whether you will be allowed full custody, that's for the judge/commissioner to decide. It may require an expensive custody fight until you get an order changing custody. If you have custody, she pays you child support, but it will be based on her income so it may not be as much as you think.

CPS may not say it is neglect, but you can still fight for custody. However, it would then require a custody evaluation which can be from $3,000 - $10,000. It may require a custody evaluation anyway. Attorney fees are on top of that.

One more thing, once you have had the children for 25 days consecutive, the law says your child support obligation is reduced by 50% while that extended stay is happening.

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Answered on 7/26/11, 5:14 pm


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