I have been divorced from my ex husband for almost 9 years and we have a daughter together! A little while after our divorce he moved to Arizona and my daughter and I stayed in Utah. In our divorce decree, if specifies certain holidays and other days that he is supposed to have her for a few hours. I am the main caregiver! But, do to him living in Arizona and myself in Utah, those holidays and certain weekends can't happen. But, we have taken her to Arizona every Summer around Father's Day except for this last one because he had told her that he didn't have anything planned for her to do and she didn't have to if she didn't want to so, she chose not to go.My question about that is since he is living in a different state, how is it possible for me to abide by the decree and how would a judge view it? Should I get it fixed so both of us will be abiding to it?
Also, in our divorce decree it says that he is responsible for paying half of her medical, dental, premiums, and etc. In the last 9 years, I have asked him to pay 2 times. We have taken care of the rest! He paid half for some glasses a few years ago and now she has braces and he is responsible for paying half. He had been sending not even half and we have had to make up the difference. This last time he sent not even half of what he was sending before . Then I got an email from him telling me that since we decided to take a vacation in the last week of July before school started, he told me that basically since we left during "his" time with his daughter (keep in mind Father's Day is in June) that we are on our own now for payments. He is withholding payments for his daughter! There fore he is in breach of the decree. What would you suggest I do? There are other things that are issues such as mental abuse of my daughter and myself ( I have emails to prove it!) Etc.
1 Answer from Attorneys
First of all, since he has relocated out of state, i would strongly suggest you go back to court to ask the court to implement a long distance parent time schedule which is contained in the Utah Code. This law also addresses the cost of transportation associated with his parent time. Essentially, since he is the one who relocated, he will be responsible for most of the travel expenses. With respect to the medical expenses, the law requires you to notify him within 30 days after you have paid a medical expense and that you provide him with proof of the payment of the expense. He is then required to reimburse you the one-half. If you're not doing this on a routine basis, I would strongly suggest that you start because the court may deny you the right to seek reimbursement if you're not providing him with the information in a timely manner. I offer a free initial consultation and would be happy to meet with you to discuss your issue. You may call my office at (801) 274-3100 to schedule an appointment to come in and meet with me. Thank you, Cory R. Wall