October 2014 Archives

Child Support Services in Utah

Parents in Utah may benefit from understanding more about some general information published by the Office of Recovery Services, operating within the state's Department of Human Services. The Utah ORS oversees Child Support Services, the department tasked with collecting child support. The CSS is also involved in enforcing court-ordered child support and obligations concerning medical insurance. In addition, this department can also assist with establishing paternity, locating parents or modifying existing child support orders.

What types of child custody are there?

As other states do, the state of Utah recognizes two types of child custody: physical and legal. The differences between these two types are evident in their names. Physical custody refers to the child's living situation, that is, with whom he or she lives all or most of the time. Legal custody, on the other hand, is granted to the parent -- or, as is often the case, both parents -- who makes all the important decisions about the child. Under these legal definitions, there are several different arrangements available to accommodate certain situations.

What factors are considered in a Utah custody hearing?

Whether the parents of a child were never married or are getting a divorce, the court considers many factors when it rules on child custody and parenting time arrangements. First, the court considers the best interests of the child. Two of the general factors considered in this first step are the moral standards and conduct of each parent and the nature, quality and depth of each parent's relationship with the child.

Divorce in Utah requires mediation

While television shows and movies make it seem as though all divorce cases end up in court, action has been taken in Utah to keep this from actually happening. Since 2005, state law requires couples to seek out divorce mediation prior to ending up in court.

How is a military pension divided in a divorce?

A non-military spouse in Utah may be entitled to receive a share of the military spouse's military pension as part of a divorce settlement. However, the military pension can only be divided by a judge in the military spouse's state of residence. This means that if the non-military spouse wishes to receive part of the military pension, the divorce must be filed in the military spouse's home state.

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