Legal Question in Family Law in Utah

My son went to live with his dad in Jan 2010 with a verbal agreement that he would continue to pay child support. All they wanted was my son. In good faith, I canceled my case with ORS and stopped collecting child support. In Aug of 2012 my son moved back home with me. Our divorce decree from 1998 states we have joint legal custody with me having sole physical custody. We have never made any changes to that original decree. Can he sue me for child support during that time he lived with his dad?


Asked on 5/02/13, 8:09 am

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

The general rule is that child support follows the child. So he can sue for child support but the question is whether he would win, and if so how much. Usually support awards are effective only from the date a petition is filed, so it may be difficult for him to get retroactive support. This response may change pending other information not present in your question. You may call for a free consultation.

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Answered on 5/02/13, 8:35 am


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