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?


Asked on 7/25/12, 8:04 pm

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

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.

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Answered on 7/26/12, 7:03 am


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