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Statue of limitation in Utah

Discussion in 'Child Support' started by WRLC1, Jan 19, 2021.

  1. WRLC1

    WRLC1 Law Topic Starter New Member

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    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.

     
  2. flyingron

    flyingron Well-Known Member

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    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.
     
  3. zddoodah

    zddoodah Well-Known Member

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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?

    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?
     
  4. WRLC1

    WRLC1 Law Topic Starter New Member

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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?
     
  5. adjusterjack

    adjusterjack Super Moderator

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  6. WRLC1

    WRLC1 Law Topic Starter New Member

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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.
     
  7. zddoodah

    zddoodah Well-Known Member

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    Do you have an attorney?
     
  8. WRLC1

    WRLC1 Law Topic Starter New Member

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    Yes, I do have an attorney. Just exploring options for the trial.
     
  9. WRLC1

    WRLC1 Law Topic Starter New Member

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    She doesn't want me to have the full visitation stipulated in 30-3-37.
     
  10. Zigner

    Zigner Well-Known Member

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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.
     
  11. zddoodah

    zddoodah Well-Known Member

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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.
     
    Zigner likes this.
  12. leslie82

    leslie82 Well-Known Member

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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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