Jospeh Emmons: Child Support and Parental Relocation

Everyone’s life is prone to change, and sometimes these changes require parental relocation after a divorce. Whether you are the primary custodial parent and wish to relocate with your children, or you are the parent whose visitation schedule would be affected by the move, you should always speak with a family lawyer about your plans before you move or make a change, just to make sure you do it right. You don’t need more problems or stress in your life.

In Utah, “parental relocation” is defined as one parent moving more than 150 miles from the other parent. When a parent wishes to relocate, he or she must inform the other parent of the intent at least 60 days prior to the proposed move. While the state cannot prevent you or your ex-spouse from relocating, it can prevent the parent with primary custody from taking the child or children along if the relocation is not in their best interests. Our attorneys will review all the facts of your case and build your argument either for or against the move. This is what we do.

Considerations For Granting Parental Relocation

If you are the parent hoping to relocate, our lawyers will demonstrate to the court that your reasons for doing so are valid, and that your actions aren’t simply resulting from spite. Parental relocation requests are frequently granted when the custodial parent:

Has a strong job offer outside of the home city or state
Seeks to increase proximity to a network of family members and friends
Looks to remove his or herself or the children from an abusive relationship
Shows that the child or children will be better off with the move
Otherwise proves that the relocation serves the child or children’s best interests

From drafting the notice of the intended move to representing you in the event that your ex challenges your move, we can work with you to ensure your best chance of a successful outcome.

If it is your ex who is proposing the move, we will work to ensure that your relationship with your child is respected and protected, and we will aggressively challenge the relocation on your behalf.

Answering Common Questions About Child Support

We are here to address your legal concerns about child support in Utah. Read on to discover the answers to some of the more common questions we hear the most:

Does joint legal custody affect my financial obligations? Child support laws indicate that, because both parents have the authority to make decisions on their children’s behalf, joint legal custody does not impact financial obligations. However, joint physical custody is a different issue. Child support is based on these factors: physical custody, parenting time and income.

Can I modify child support payments? Once the court makes a decision, you are obligated to the amount ordered. There are certain scenarios, however, in which you may be eligible to reduce or terminate child support. These include:
- Changes to your child’s residence, custody and parenting time
- Illness or disability
- Loss of your job
- Permanent reduction in income

Am I still obligated to pay if my ex keeps me from my children? Because custody and visitation are separate legal matters, unfortunately, you are still expected to pay the amount ordered. If your ex is keeping you from your children and you have custody or visitation privileges, we can petition the court to enforce those rights. Even when it seems unjust, failing to make your child support payments could put you at risk of facing serious penalties.
What if my ex does not pay? Thanks to the Child Support Enforcement Act of 1984, you can seek legal help in collecting payments from an ex who does not honor his or her court order. We can file contempt charges, and the court may impose consequences such as garnishing wages, seizing property, withholding tax returns, revoking your ex’s driver’s license or jail time.
What if my ex moves out of state? Because of the Uniform Interstate Family Support Act, court orders remain in effect regardless of a parent’s physical location. There are several measures available to ensure child support enforcement, even if your ex moves out of Utah and refuses to pay.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.