After everything that you have been through these last few months, the divorce has been finalized with the court in Utah. You think you can breathe a sigh of relief and start life over again. But then . . . your former spouse has decided to either fall behind on child support payments or refuses to pay child support at all.
You honestly didn't expect this would happen to you. Now what?
Luckily, the laws in Utah are on your side in this situation. If the other parent of your child is not complying with the divorce or support order, then you can file a motion to enforce domestic order. Having an experienced family law attorney in Utah assist you, while not absolutely necessary, is certainly advantageous with this procedure.
How an Enforcement Motion Works In Utah
The motion must include (among other things) a statement of facts showing how the other parent of your child is failing to comply with the child support order. Once the court determines that this motion may have merit, the other parent will be required to attend a hearing. It is to your advantage to have a lawyer represent you at this hearing.
If the court finds that your former spouse did in fact violate the order (i.e. failed to pay child support), then the court may award you a judgment for your attorney fees and otherwise motivate the other parent to pay in the future. In extreme situations, the court could find a party in contempt of court and impose a fine and/or jail time.
Keep in mind you should also stricly comply with the divorce decree or custody order. For example, withholding parent-time due to a failure to pay support is not only frowned upon by the court but it is also most likely a violation of a court order. Talk to a dedicated lawyer in Utah today about your child support enforcement situation. It is possible that your best course of action is to not even employ an attorney but to go through a government agency instead and avoid attorney fees and court altogether.