Legal Question in Family Law in Utah
I relocated from Utah to Texas after giving 60 days notice to other parent. He hasn't paid support in over a year, missed his summer visitation, called the kids 1 time each on their birthdays. His response to the move came from n attorney who drew up a stipulation to our decree, giving me full legal custody, releasing him from all support now and future, forgiving the past debt owed and I pay for 1/2 summer travel costs, I refused to sign and now his attorney says she is filing, modification for support, objection to the relocation and a transfer of custody. Can they do that?
1 Answer from Attorneys
Modification can be requested when there is a substantial change in circumstances - which occurred when you moved to Texas. However, you can defend by claiming he abandoned the children.
Note: child support cannot be released without a court order, which rarely occurs. He is probably threatening all of this to get out of child support. I suggest you do not agree to new visitation until he makes an effort to get to know the children. Sending them for a summer is risky for them. Ex should come visit the children in a safe environment until they develop a relationship, then perhaps start sending them for visitation.
You may call for a free consultation.