Statue of limitation in Utah

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WRLC1

New Member
Jurisdiction
Utah
Utah Statue of Limitation- on child support

Ex wife and I separated in 2015. She filed for divorce in August of 2019 in Utah. A temporary order was granted in January 2020 for child support, visitation right, but no alimony. Child support was ordered from the date she filed her complaint.

We went for mediation today, and she is now asking for child support, medical expenses and child care expenses and alimony from 2015.

What is the statue of limitation pertaining to such matter in the state of Utah? She's also not willing to accept UT code 30-3-37 as I'm outside of Utah.

I was paying child support voluntarily.

 
Eight years or when the child turns 18, whichever is later, I would suspect.

Understand that both parents are responsible for the support of their children regardless of what the marital situation is. The apportionment of that is determined by statute.
 
WRLC1 said:
Ex wife and I separated in 2015. She filed for divorce in August of 2019 in Utah.
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This is confusing. At the time she filed for divorce, she was your wife, not your ex-wife, and the case seems still to be ongoing. Has the court entered a decree or judgment for divorce and reserved the support issue? Or is she still your wife?

WRLC1 said:
What is the statue of limitation pertaining to such matter in the state of Utah?
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She can't recover support for any period prior to when she filed the divorce action. Doesn't mean she can't ask for something more.

WRLC1 said:
She's also not willing to accept UT code 30-3-37 as I'm outside of Utah.
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What do you mean she's not willing to accept it?
 
flyingron said:
Eight years or when the child turns 18, whichever is later, I would suspect.

Understand that both parents are responsible for the support of their children regardless of what the marital situation is. The apportionment of that is determined by statute.
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flyingron said:
Eight years or when the child turns 18, whichever is later, I would suspect.

Understand that both parents are responsible for the support of their children regardless of what the marital situation is. The apportionment of that is determined by statute.
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So in essence, even though she filed her motion in August of 2019 and the child support was ordered from that point, she can still collect from 8 years back? Is that an accurate explanation?
 
zddoodah said:
a
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Indeed, at the time she filed for divorce she was still my and the case is still on going. Mediation was held yesterday. No decree has been entered until we can go through mediation. So our mediation was yesterday, she was asking for child support from the time we separated. Additionally, she wants me to have limited time with kids.
 
zddoodah said:
This is confusing. At the time she filed for divorce, she was your wife, not your ex-wife, and the case seems still to be ongoing. Has the court entered a decree or judgment for divorce and reserved the support issue? Or is she still your wife?



She can't recover support for any period prior to when she filed the divorce action. Doesn't mean she can't ask for something more.



What do you mean she's not willing to accept it?
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She doesn't want me to have the full visitation stipulated in 30-3-37.
 
WRLC1 said:
Yes, I do have an attorney. Just exploring options for the trial.
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You need to be talking to your attorney, not random strangers on the internet who have no knowledge of the full facts of the matter.
 
WRLC1 said:
Yes, I do have an attorney.
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None of the anonymous strangers who post here -- many of whom are not attorneys and none of whom are family law attorneys in Utah -- can provide you with better information about the issues you raised than your attorney can.
 
WRLC1 said:
Yes, I do have an attorney. Just exploring options for the trial.
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You are paying an attorney - use them. That's what you're paying them for is for legal advice. They are going to have much better knowledge on your case than random strangers on the Internet - especially when not everyone in here is a lawyer.
 

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