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  • Child support Utah

    Does anyone know how long it usually takes for a child support modification to go through the review process and take effect? What is the turnaround time?

    My husband's ex is taking the cs through Utah ORS. They will enforce the old cs order ($350/month) while the cs modification is in process. He currently pays $900/month. She wants him to send the difference. He has made it quite clear that any monies sent on top of the old court order will not be credited but will be considered a gift. He will end up paying her twice if he does it her way.

    She is threatening to fill out the Statement of Arrearages saying that he owes her more than what he's been paying. She said it all depended on her cooperation and said that she feels like he's trying to screw her over. He's not; he's just trying to protect himself. She won't work and the kids are 17 and 15.
    Last edited by KAW1962; 06-18-2006, 01:29 PM. Reason: deleted post

  • #2
    Originally posted by KAW1962
    Does anyone know how long it usually takes for a child support modification to go through the review process and take effect? What is the turnaround time?

    My husband's ex is taking the cs through Utah ORS. They will enforce the old cs order ($350/month) while the cs modification is in process. He currently pays $900/month. She wants him to send the difference. He has made it quite clear that any monies sent on top of the old court order will not be credited but will be considered a gift. He will end up paying her twice if he does it her way.

    She is threatening to fill out the Statement of Arrearages saying that he owes her more than what he's been paying. She said it all depended on her cooperation and said that she feels like he's trying to screw her over. He's not; he's just trying to protect himself. She won't work and the kids are 17 and 15.
    I'm sorry, but I'm confused- the existing order is that he pays $350 a month, he is actually paying $900 a month, and the ex is complaining?

    She can fillout a "statement of arrearages" all she wants, but the legal fact is that until the court changes the order, he is only obligated to pay the present ordered amount. Your husband is correct, he probably won't get credit for any overpayments, so he should just bank the extra, that way he'll have it ready when the court makes the modification retroactive back to filing date. So don't worry, he has filed for the modification and is paying, so he can't get into any trouble. He should tell his ex to pound sand.
    Xena

    Edit: Sorry, forgot to add that the time a modification takes varies from one state and one case to another. You can ask the court clerk how long it normally takes, that will give you a ballpark figure.
    Last edited by xena; 03-09-2006, 07:30 PM.

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    • #3
      Thanks for your reply. Let me clear up some confusion. The old court order for $350 was nullified years ago when he had custody of the kids. When the kids went back with their mother, she never had the old order enforced. They have had a verbal agreement outside the court system since then whereby he pays her X amount of dollars, voluntarily increasing that figure as his salary increased. He is currently paying $900/month and is providing medical insurance. She is the one who has turned it over to ORS for enforcement of the old order while the modification is being processed.

      She is terrified of getting only $350/month as opposed to the $900. That is why she threatened him, because she knows he will not pay more than what the court order states once that is enforced while the modification is in process. God forbid she will have to get a job in the meantime.

      He would like to tell her more than just to pound sand, but I appreciate your support nonetheless!

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