What Happens If My Child Turns 18 But My Ex Still Owes Child Support?

What Happens If My Child Turns 18 But My Ex Still Owes Child Support?

Parents that still owe child support after the child turns 18, should continue to make child support payments. This is because, even when the child support obligation ends, child support arrears do not go away. The child support payments made after the obligation ends will go toward paying off arrears owed. The payor parent may even be able to petition the court to have the monthly payment lowered as the full monthly payments made would be going straight toward paying off the arrears total.

In Utah, there is no statute of limitations on collecting child support arrears. It does not matter how old the child is, even if the child has become a full-blown adult. Child support arrears remain until paid. This is not true in every state, but it is true in Utah. In some instances, even the death of the parent will not release him or her of the obligation to pay child support arrears. The other parent can make a claim against the obligor parent’s estate if he or she dies with unpaid child support still owed.

It is important to note, however, that just because there is no statute of limitations in place on child support arrears does not mean that you should wait to take action. Delays in seeking collection of past-due child support may provide the delinquent parent with possible defenses to any claim to arrears you may seek later on. Laches, for instance, may apply. A laches claim means that the delinquent parent is asserting unreasonable delay in you making your claim to child support arrears. There are several ways you may be able to collect back child support and the Utah Department of Revenue may be able to assist you with this. The Utah Department of Revenue is authorized to carry out a wide array of actions in order to get payment on back child support. Collection efforts may include:
• Sending notices of late payment
• Income withholding
• Suspension of the delinquent parent’s driver’s licenses and professional licenses
• Intercepting federal income tax refunds or workers’ compensation support payments
• Placing a lien on personal property
• Passport application denial
• Notifying credit agencies of child support arrears
• You also have the option of filing a motion for contempt with the court.

Will Child Support Still Be the Same If the Child Turns 18 and I Still Owe Arrears?

Child support provides for the costs of raising your child until they reach the age of majority, or adulthood, in your state or until they meet other court-established requirements, such as completing high school. Typically, child support ends at that point, but if you are behind on your child support payments to your child’s other parent, you must continue making payments to make up for the amounts you did not pay, called arrears, until you fulfill your obligation.

Child Support Basics

Courts frequently include child support requirements in divorce decrees. When a judge orders a noncustodial parent to pay child support to the child’s custodial parent, the intention is that the money be used to pay for the child’s care and support. Common uses include necessities such as shelter, food, clothing, and medical care as well as the costs of childcare, school and educational costs and fees, activities, entertainment, travel, and more.
Judges consider a variety of factors when determining whether to order child support and, if so, how much to award. Ideally, child support lets the child continue to enjoy the same standard of living they enjoyed before the parents’ divorce. Of course, child support depends on financial needs and the noncustodial parent’s ability to pay.

Payments in Arrears vs. On-Time Payments

Your divorce decree or separate child support court order defines specific child support requirements. Typically, child support ends when the child reaches the age of 18 and finishes high school, although in some states or under some court orders, it continues through a child’s college years. If you make your payments on time, your obligation ends when your family’s situation meets the requirements described in your divorce decree or court order.
Sometimes, though, noncustodial parents struggle to meet their child support obligations. If a child reaches the point when payments would otherwise stop, the noncustodial parent still owes the debt associated with any missed payments.

In some states, child support not paid on time is subject to interest and late payment penalties. So, the amount you owe your child’s other parent may be greater than what you originally owed.

Statutes of Limitations

Child support laws are state specific. Some states’ laws include statutes of limitations for late child support payments. That means that your child’s other parent cannot collect child support in arrears after a certain point. In many states, this limit is 10 years after the due date for the last child support payment. So, if your child support should have ended when your son or daughter turned 18, your child’s other parent only has until your child’s 28th birthday to collect child support in arrears.

If you owe child support in arrears and your child has reached the age of majority or another milestone specified in your child support order, the debt is still valid. Sometimes, parents pay child support in arrears long after the child reaches adulthood.

Collecting Back Child Support After the Child Turns 18

Just because your ex missed a child support payment doesn’t mean the obligation goes away. Like any financial obligation, the amount you’re owed will accumulate and your ex will still be responsible for making back child support payments.

Emancipation and Arrears

Those who are late making child support payments are said to be “in arrears.” As noted above, this debt does not go away, even after the child turns 18. So even though the child has reached the age a majority, the payments that should have been made before he or she turned 18 are still enforceable after that. Keep in mind that state laws can vary a little on this issue. For example, some states cut off child support at 18, some at 19, and others at 21. (And some dismiss child support obligations if the child has been “emancipated.”) Also, some states and courts may modify child support obligations after the child turns 18, since the custodial parent no longer needs to support the child. Even with these differences, however, the rule is that child support payments must continue until the arrears balance is paid in full, regardless of the child’s age.

Enforcement Actions

States and the federal government are pretty serious when it comes to enforcing child support orders. Enforcement officials can withhold or revoke driver’s licenses or passports, garnish wages, seize tax refunds, place liens on property, or even sentence a delinquent parent to jail time. These enforcement measures can continue after the child turns 18, and most states do not allow child support obligations to be discharged in bankruptcy. One thing to keep in mind is that some states may have statutes of limitation on collection of back child support, so may only have a limited time to collect after your child turns 18 or you may have to go back to court and renew the child support order. Child support collection can be complicated, both legally and emotionally. If you have questions regarding child support obligations or are having trouble collecting back child support, you should contact an experienced family law attorney in your area.

How Can I Reduce my Child Support Debt?

If you owe child support arrears to the government because your child received public assistance (“welfare” or foster care), you may qualify for one of Utah’s arrears reduction programs.

Child Support Debt Reduction Program

The Child Support Debt Reduction Program is a Utah program designed to help you reduce the child support debt you owe to the government. If you qualify for this program you will be allowed to pay off your debt for less than the full amount owed. You may qualify for this program if you are able to pay both your current child support obligation and an ongoing debt payment. If you don’t owe child support, only the ability to make the debt payment is considered. Your current income, assets, and cost of living are all taken into account, as is the total size and makeup of your family. Every case is different, and these are very general items for your review. Other details of your case may also affect your eligibility.

What the Debt Reduction Program won’t do:
• It will not forgive the entire debt.
• It does not change your monthly child support obligation.
• It will not reduce unpaid child support that is owed directly to the person receiving support you can only reduce the amount you owe to the government.
• It will not reduce spousal support arrears.

Some rules:
• Don’t stop paying your child support because you are applying for the Debt Reduction Program. This is grounds for a denial of your application.
• Provide complete information and documents with your application. Your application cannot be considered until you have done this.
• Be honest. If you do not tell the truth on your application, or if you hide income or assets, your application will be denied.
• Make your payments as agreed. If you do not make the debt reduction payments after an agreement has been reached, your agreement will be canceled and you will owe the unpaid amount to the state again.
• Even if you are approved, keep paying your regular child support. If you miss any current child support payments your agreement will be canceled. You will owe the full amount of your pre-agreement arrears and will not receive a refund for any payments made.

Compromise of Assigned Arrearages-Family Reunification (COAA-FR) program

Utah has adopted the COAA-FR program to help bring parents and children placed in out-of-home care back together. This program allows the compromise of child support arrears owed to the government when a child who was placed in foster care, or with a relative caretaker or guardian, later returns to the home of a parent who was ordered to pay support.

You may qualify for this program if:
• You are the parent of a child and you owe support debt to the government because your child received aid from one of the following while your child was not living with either parent:
• Aid to Families with Dependent Children-Foster Care (AFDC-FC)
• Utah Work Opportunity and Responsibility to Kids (CalWORKs)
• Kinship Guardianship Assistance Payment (KinGAP)
• ONE of the following situations applies:
• Your child was made a dependent of the court, placed in foster care, and the court later gave custody to you
• Your child was voluntarily placed with a relative or guardian (not the other parent); and the child lived with you at some point in the past.
• Your child is living with you now at least 50% of the time
• Your child has not reached the age of majority (AOM) or emancipated
• Your net disposable income (after taxes) is less than 250% of the federal poverty level and a compromise is necessary to help you support the child
• You are following any reunification plan required by the county welfare department or the court

How to Get Child Support Arrears Dismissed in Utah

Child support arrears refer to the amount of child support owed that a parent has failed to pay. Although failure to pay child support arrears can result in negative outcomes for a parent/guardian, it is possible to work with Utah courts to have owed amounts lessened or waived. Here’s how to get child support arrears dismissed in Utah.
Dismissal of child support arrears is possible in the State of Utah when the proper steps are taken. Although it is unlikely that the full amount owed will be forgiven, there are ways to reduce the amount greatly.

Consequences of Failing to Pay Child Support Arrears

If a parent or guardian has failed to pay child support arrears, they may face serious consequences. These include but are not limited to:
• Having wages suspended by the government to pay the court obligation. This can not only include one’s salary, but the wages that are suspended can also include social security, unemployment, disability, workers’ compensation, and tax refunds.
• It is possible for a parent/guardian to be charged with a misdemeanor if that parent/guardian has willingly failed to pay the owed amount of child support arrears.
• Failure to pay child support arrears can result in the revocation of the parent’s/guardian’s driver’s license.
• An increase in child support payments may result from missed payments towards child support arrears.
• Any state professional license obtained by the parent/guardian can be suspended.
• The parent/guardian may be refused a renewal of their passport if they fail to pay their child support arrears.
• Credit score can be negatively impacted due to the debt accrued by the child support payments.
• The state can order a lien against any property owned or have interest in.

Child Support Arrear Forgiveness in Utah

Although the consequences are severe, child support arrears can be forgiven in the State of Utah. There are multiple ways in which a parent can have their child support arrears waived or forgiven:
• Parents are allowed to ask the court to recalculate the amount owed to make sure that it is correct.
• If a child lived with a parent for a period that the arrear is referencing, the judge may lessen the amount owed. This will often depend on the amount of time the child spent under the parent’s care and how much financial support was given during this time.
• In Utah, child support arrears gain an interest of 10% annually. Although child support arrears do accrue interest, one may not have to pay it all back in some cases.
• A parent can request a payment schedule from the court. Although this does not lessen the amount, it does help the parent get back on track to pay the original balance.
• A parent is allowed to reach a settlement with the other guardian of the child. If the debt from the arrears becomes too expensive, one may be able to reach a lump-sum settlement with the other guardian. It should be noted, however, that even if both guardians reach an agreement to waive the remaining child support arrears, this settlement must be approved by the court.
• Utah courts will work with parents/guardians to pay the correct amount of child support on time.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews


Recent Posts

What Happens If I Do Not Sign The Divorce Papers?

what Happens If I Don’t Pay My Alimony?

What Happens If I Don’t Pay My Child Support?

Business Lawyers

Estate Planning Lawyer

Divorce Lawyer and Family Law Attorneys

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

Utah Child Support

Utah Child Support

Utah law requires both parents to financially support their child (or children). The amount of support that each parent pays will depend on the parents’ income, custody arrangement, and the number of children involved. Because there are a variety of factors that impact support, it can be difficult to figure out an exact amount on your own. Parents can use the Utah child support calculator to estimate a support obligation. However, a judge will determine the final child support amount in your case. The Utah Child Support Guidelines are simply a fee schedule, or formula. Parents can agree to pay more than the amount given by the guidelines, but not less, and a court must approve the amount. Although a court presumes that the number given by the guidelines is the appropriate amount of child support, there are circumstances where the result would be unfair to a parent or the child. In those cases, a court will review a set of factors and may adjust the amount of support down or up.

Using the Utah Child Support Guidelines

To use the guidelines, you’ll need to know the adjusted gross income of both parents. A parent’s gross income is income from all sources, including:
• salaries and wages
• bonuses
• rents
• income from a trust
• pensions
• military pay
• alimony received
• social security benefits
• unemployment compensation, and
• gifts and prizes.
There are a few benefits that you can leave out, such as general assistance, housing subsidies, and welfare benefits. In situations where a parent is purposefully unemployed or underemployed to avoid making support payments, a court can impute a higher income based on the parent’s past and current earnings. Income will not be imputed, however, for a custodial parent who stays home to meet a child’s specific needs, or if the cost of childcare would be the same as the income this parent would make.
You also need to know how much time each parent will spend with the child. There are a variety of ways to share parenting time, but the guidelines calculate support differently for parents with “sole physical custody” (the child lives with only one parent), “joint custody” (the child lives part time with each parent), or “split custody” (where the parents divide the kids between them – mom takes the older child while dad has the younger child, for example).

If you have additional questions about the impact of custody on support, the Utah Courts website has a section on parent-time and custody. Once you’ve determined both parents’ adjusted gross incomes and custody, look to the base combined child support obligation table. These are the guidelines for a combined income from $726 through $100,000 a month. If the noncustodial parent has an adjusted gross income of $649 or less, or if the combined income is between $650 and $1,050, then you may need to use the low income table. Keep in mind that a court will have to review this number, to ensure it’s in the child’s best interests, but the minimum amount of support is $30. On the other hand, if the parents’ combined income is greater than $100,000, then a court may increase the amount over the maximum allowed by the base combined child support obligation table. The guidelines give you a total amount of child support due. After you have that number, you can calculate what each parent’s share of that amount will be. There are additional calculations to be made, often referred to as “add ons,”—one or both of you will have to cover medical expenses, health insurance, and childcare costs too. If it’s been less than three years since the original order was issued or modified, then you must have a substantial change in circumstances.

Challenging the Amount of Child Support

Sometimes, the total amount of child support given by the guidelines or the way that number is divided between the parents is unfair. If you think support should be increased or decreased before the court issues the order, then you can ask a court to adjust it. Once you ask, a court will review all relevant factors, but especially the following, to adjust the amount of child support either up or down:
• the parents’ standard of living and situation
• the parents’ relative wealth and income
• the ability of the paying parent to earn
• the ability of the receiving parent to earn
• the ability of an incapacitated adult child to earn, or the child’s benefits
• the needs of both parents and the child
• the parents’ ages, and
• whether either parent supports others.

Collecting Child Support and Enforcement

With a child support order in place, collecting your monthly payment from the other parent may be easy. Parents can pay support in whatever form is most convenient, including cash, check, bank transfer, direct deposit, money order, or by using payment apps, such as Venmo. If you’re having trouble collecting child support, you can contact Utah’s Office of Recovery Services for help.

Modifying the Amount of Support in Utah

Once a child support order is in place, you can ask the court to modify (change) it at any time, but this will require a different process. If it’s been less than three years since the original order was issued or modified, then you must have a substantial change in circumstances. Usually, a substantial change is a significant shift in custody or an increase or decrease of 30% in income, but there can be other reasons. The threshold is lower if an order has been in place for three years or more.

Child Support Enforcement

Utah provides for withholding child support directly from the earnings of the parent paying child support, much like income tax withholding. Both parents find payroll withholding of child support easier and very dependable because the appropriate state agency receives and disburses payment to the custodial parent. No more than half of the income of a noncustodial parent may be attached if he or she is paying more than 50 percent of the support for dependents of a second marriage. When the payor parent is in arrears, the approved number jumps to 55 percent, then 60 percent for a payor supporting dependents under the current order, and 65 percent for a delinquent paying only under the current order. The Utah Department of Human Services places liens on the property of a late or non-paying parent. The department can also place levies on bank accounts, intercept state and federal income tax return checks, and report late payments to credit bureaus.

Child Emancipation

Generally, child support in Utah ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies.

Deviation Factors

Factors for deviating from the guidelines include:
• the standard of living and the situation of the parties;
• the relative wealth and income of the parents;
• the earning power of each parent;
• the needs of the parents and the child;
• the ages of all involved;
• and any responsibility of either parent to support others.
Family law courts in Utah determine how much child support a non-custodial parent (a parent who doesn’t live with their minor child) is required to pay by using the state’s child support guidelines. These guidelines take into consideration both parents’ gross incomes and the number of children that they have together. The court will follow the child support guidelines unless there is substantial evidence to rebut the guidelines. In order to determine whether or not to deviate from the guidelines the court will consider:
• The standard of living of the parents
• The relative wealth and income of the parents
• The ability of the non-custodial parent to earn
• The ability of the custodial parent to earn
• The ability of an incapacitated adult child to earn, or other benefits received by an adult child
• The needs of the custodial parent, the non-custodial parent, and the child
• The ages of the parties, and
• The responsibilities of the custodial parent and the non-custodial parent for the support of others.

Gross income includes perspective income from any source. For example: salaries, wages, commissions, royalties, bonuses, rents, gifts, prizes, dividends, severance pay, interest, alimony from a previous marriage, Social Security benefits, etc. Gross income doesn’t include means-tested welfare benefits that a parent receives. Adjusted gross income is calculated by subtracting alimony previously ordered and paid and child support previously ordered from the parent’s gross income. Each parent’s child support obligation is established in proportion to their adjusted gross incomes by following these steps:

• Step 1: Combine the adjusted gross incomes of the parents
• Step 2: Look up the base combined child support obligation using this chart
• Step 3: Take the appropriate figure from the chart and multiply it by each parent’s percentage of the combined adjusted gross income
The court won’t follow the child support guidelines above if:
• The parents have joint physical custody or split custody (see section 78B-12-102), or
• The non-custodial parent’s adjusted gross income is $1,050 or less per month

Imputed Income

In Utah, if a parent is unemployed or underemployed the court may impute an income on the parent in order to perform the child support calculations in the chart above. Imputed income is based on employment potential and probable earnings. This figure is calculated from employment opportunities, work history, occupation qualifications, and prevailing earnings for people of similar backgrounds in the community. If a parent doesn’t have recent work history, or if their occupation is unknown, then the court can impute income on the parent at the federal minimum wage for a 40-hour workweek. However, income can’t be imputed if any of the following conditions exist (and aren’t temporary in nature):
• The reasonable costs of child care for the parents’ minor children equals the amount of income that the custodial parent can earn
• A parent is physically or mentally unable to earn the minimum wage, or
• The unusual emotional or physical needs of a child requires the custodial parent to stay home and care for them
In income shares states, the court bases the child support payment on the income of both parents and the number of children. For example, if a non-custodial parent has a net income of $2,500 a month and the custodial parent has an income of $2,000 a month, the parents’ total monthly income is $4,500, using an economic table that shows the expected cost of raising children, the court will determine that the total monthly child support obligation is $1,125 for one child. The non-custodial parent’s income is approximately 55.6 percent of the parents’ total income and the custodial parent’s income is 44.4 percent. Therefore, the non-custodial parent would pay $625.50 a month in support, or 55.6 percent of the total obligation of the parents.

Percentage of Income Model

In percentage of income states, the court bases the child support payment on a specific percentage of the non-custodial parent’s gross or net income and the number of children the parent supports. The percentage of income can be flat or varying. In flat states, the percentage of income does not change even if the non-custodial parent’s income fluctuates. In varying states, the percentage of income changes when the non-custodial parent’s income fluctuates. For example, a non-custodial parent has a net income of $2,500 a month and one child to support. Only the non-custodial parent’s income is considered. The flat percentage of the non-custodial parent’s income that must be dedicated to child support is 25% percent for one child. The non-custodial parent will pay $625 a month.

In Melson formula states, the court bases the child support payment on a defined set of factors, which include the needs of the child and standard of living adjustment (SOLA) for the child. The Melson formula is a variation on the income shares model. It allows more money for child support as one or both parents increase their income. The calculations for child support payments in Melson formula states are more complex than either the income shares or percentage of income model..

The Court Discretion

A court has the power to deviate from the state’s standard model and base child support payments on other factors, including the needs of the child, the child’s standard of living before the parents’ separation or divorce, the ability of the non-custodial parent to pay, the needs and income of the custodial parent, and the amount of time that the child spends with the paying parent. Courts may also consider whether a paying parent pays child support for two or more families under two or more child support orders, separation or divorce agreements between parents, and the child’s own resources, such as a trust or inheritance.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


Recent Posts

What is a 506c?

Pre-Foreclosure Title Reports

Reasons People Get Divorced

Family Home In Divorce

Domestic Asset Protection Trusts

Trucking Accidents

90 Day Waiting Period for Divorce in Utah

90 day waiting period for divorce in utah

90 Day Waiting Period for Divorce in Utah

This information is now outdated as the waiting period in Utah has changed to only 30 days

Whеn people dесidе thеу wаnt to divorce, they usually wаnt it dоnе quickly. Quickly iѕ a rеlаtivе tеrm in thе law. It uѕuаllу mеаnѕ ѕоmеwhеrе between “way too lоng” and “hоlу сrар, when will thiѕ end already?”
Sо, thе Utаh Legislature dоеѕn’t like divorce. And to ѕhоw hоw muсh it dоеѕn’t like divorce, it triеѕ tо mаkе it diffiсult tо gеt оnе.

Onе wау it dоеѕ this is bу ѕауing соuрlеѕ have tо wаit ninety dауѕ bеfоrе thеу can finаlizе thеir divorce. Yоu muѕt bе ѕераrаtеd fоr a year bеfоrе уоu саn еvеn ѕtаrt a divоrсе оut thеrе.

Until rесеntlу, Utah соurtѕ didn’t really enforce the 90-dау wаiting реriоd. That changed аbоut twо уеаrѕ ago. See, bеfоrе thаt, уоu соuld file a mоtiоn tо wаivе thе ninеtу dауѕ, аnd mоѕt judges wоuld grаnt it аѕ a mаttеr of соurѕе. Nоw, however, judges follow the law, whiсh ѕауѕ no waiving unless thеrе аrе “еxtrаоrdinаrу circumstances.”

Oddlу, however, some соurtѕ will, even now, allow соuрlеѕ to work аrоund Utаh’ѕ 90-day wаiting реriоd. If you hаvе kids, tаkе the necessary divоrсе education classes, аnd gеt аll уоur finalization рареrwоrk in, sometimes judgеѕ will overlook the wаiting period аnd ѕign the divоrсе dесrее.

Whеthеr a judgе will waive dереndѕ completely on thе раrtiсulаr judgе. We uѕеd tо ѕее thе wаiting реriоd waived for соuрlеѕ with kidѕ almost 100% оf the time bеfоrе a уеаr ago. Fоr thе lеаѕt year, thоugh, ѕоmе judgеѕ hаvе tightеnеd down. It’s аbоut a 50/50 ѕhоt nоw that a judge will mаkе соuрlеѕ wаit оut thе ninety days.

Understanding Utah’s 90 Dау Wаiting Pеriоd for Divorce

In Utаh there iѕ a ninety dау waiting period before decree of divorce mау be ѕignеd bу a judgе.

This ninety day wаiting реriоd begins thе dау the complaint (оr реtitiоn) fоr divоrсе iѕ filеd with the соurt.

Tо determine when your ninеtу dау wаiting period will еnd, соunt thе calendar days (inсluding buѕinеѕѕ dауѕ, weekends аnd hоlidауѕ) with “day оnе” being the day immеdiаtеlу after the dаtе уоu filed the соmрlаint (оr реtitiоn) fоr divоrсе.

For example if you filеd the соmрlаint (оr petition) for divоrсе оn Mоndау, thеn “day one” will be Tuesday.

Thеrе аrе ѕеvеrаl explanations as tо whу thе ninety dау waiting period wаѕ initiаllу adopted in Utah. Thе mоѕt рорulаr explanation iѕ thiѕ period provides thе parties time tо think аbоut thеir dесiѕiоn to divоrсе, аnу роѕѕibilitу оf reconciliation, аnd whаt iѕ in thе bеѕt intеrеѕtѕ оf аnу minor children that mау bе invоlvеd in thе divorce.

How To Shorten Thе Ninety-Day Waiting Period

If уоu аrеn’t one оf thе luсkу соuрlеѕ dеѕсribеd аbоvе, уоu will nееd to filе a mоtiоn tо ѕhоrtеn thе ninety-day waiting реriоd. Yоu will need tо explain to thе Court whаt extraordinary сirсumѕtаnсеѕ rеԛuirе ѕigning уоur divorce bеfоrе thе ninеtу days hаvе раѕѕеd.

Conclusion on the 90 Day Waiting Period for a Utah Divorce

Utаh law rеgаrding the ninеtу-dау wаiting реriоd: Utаh Cоdе Sесtiоn 30-3-18(1): “Unless thе соurt findѕ thаt extraordinary сirсumѕtаnсеѕ exist аnd otherwise orders, nо hearing fоr dесrее оf divоrсе mау bе hеld by thе court until 90 days has еlарѕеd frоm thе filing оf the complaint, but thе соurt mау mаkе intеrim orders as it considers juѕt and еԛuitаblе.”

If you have a question about divorce, child support, family law or the 90 day waiting period for getting a divorce in Utah, call Ascent Law today at (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


Additional Divorce Articles

Utah Divorce Lawyers

Divorce vs. Legal Separation in Utah

Overview of Family Law and Divorce Cases in Utah

How is Child Support Determined in Utah?

Divorce Lawyer in Salt Lake City Utah

Divorce Attorney Utah

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office