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daddenied

Member
What is the name of your state? UT

I actually live in CA, but posting a good friend's question. Our friend, we'll call MC, lives in UT. Here is her situation. She is married and they have 2 children of their own. Her husband who has had quite a colorful past had spent some time incarcerated and was released a year ago. They live in UT and both work, with MC working 1 full time job and a part time job (airlines for the flight benefits since her husband's children would be living in another state-CA). Also, to help make ends meet while her husband pay off back CS to his ex-wife whom he had 2 other children with. One child is a Freshman in college and the other child is 16 now. When he was released they took care of all the paperwork and a wage attachment occurs to repay his arrears for however much he owed. His ex-wife (we'll call LM) decided she really didn't want to take care of their 16 year old when her father was released and sent her on her way to UT when she was 15 (11 months ago) to live with dad and MC, her step mom. MC has been a part of this child's life for about 10 1/2 years now and has always taken care of her husband's children. They have been covered under her flight benefits as well as medical benefits. Her husband's ex signed guardianship over to him and MC in Sept. 2004 and has never looked back. Each time her child requested to come back home since she was miserable in UT (new school, new home, new friends, etc...all the stress with moving to a new place for teenagers) LM would tell her no...she was not coming home. From Sept. 2004-June 2005 the child has been with MC and her husband...no CS paid from LM, and all expenses paid by MC and her husband, including braces, hygiene products, hair products, clothing, activities, any and all fees for school activities, counseling-which the whole family is in with the return of her husband a year ago, medical and dental expenses, etc... LM finally relented and said her child could come home for the summer, but just sent her back this past week. Can MC and her husband ask for CS to help support this child? MC feels like since her husband is in arrears (being paid by wage attachment) that they are not allowed to do this, because she feels LM will say, take it out of what he owes her. Is this possible? Please help. If MC and her husband can ask for this, please advise her of the steps to take in UT. Thanks!
 


stealth2

Under the Radar Member
They would need to file for a modification of custody, and then for a support order. If the current order originated in CA, that's where the modification would need to be filed.
 

daddenied

Member
stealth2 said:
They would need to file for a modification of custody, and then for a support order. If the current order originated in CA, that's where the modification would need to be filed.
Thanks! I did have one more question. Since the daughter now lives in UT and has been since last year, would they be able to file in CA a change of venue as well?
 

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