Summary
In Utah, custody cases focus on issues directly related to the custody agreement. Missed truck payments might not be relevant unless they impact the childs well-being. Character evidence can be used, but missed payments may not indicate poor parenting. For proving substance influence, gather witness statements, consider police wellness checks, and seek professional assessments. Unauthorized ACH acceptance may be considered theft or fraud, requiring evidence. Penalties for theft vary by the value of the stolen property. Subpoenas can compel testimony or documents in theft investigations. Always consult with an attorney for tailored advice.Full Conversation
I’m in Utah, currently waiting for a trial on a contempt order against my ex in regards to a custody agreement. Can I include that he isn’t paying a truck payment that is his responsibility with me as a co-signer in this case?
Hi ****,
In Utah, contempt and child custody cases typically focus on issues directly related to the custody agreement. However, you might bring up the missed truck payments in a separate small claims court action. Please consult with a local attorney for advice tailored to your situation.
Could I use this against him at all in my custody case?
Hi ****, it's unlikely that missed truck payments would factor into a custody case, unless it impacts his ability to provide for the child. It's best to discuss this with your attorney for a more accurate advice.
What about in regards to proving poor character?
In Utah, character evidence can be relevant in child custody cases. However, failing to make truck payments might not be seen as indicative of poor parenting. Consult with your attorney to build a strong character case with more convincing evidence.
I have another question in regards to my custody case
Of course, ****. Please go ahead and ask your question. I'm here to help provide general legal information.
Recently my ex took my son and brought him back to me being clearly under the influence. What is the best way for me to prove this when it happens besides just documenting?
Hi ****, here are some ways to gather evidence:
- Secure witnesses who can attest to his state.
- Consider a police wellness check if he appears under the influence during exchanges.
- Seek professional assessment of your child if he appears affected.
Please consult with your attorney for more advice.
What is a police wellness check and what is that process?
A police wellness check is when law enforcement is asked to check on someone's well-being. The process includes:
- Contacting the police, explaining your concerns.
- The police will visit the person's home to check if they're safe.
- If necessary, they can take further action.
This process can vary in Utah, so please check with your local police department.
Thank you
You're welcome, ****! If you have any more questions or need further legal information, feel free to ask. I'm here to help.
If my ex accepted an ACH that wasn’t his but was mine, can I charge him for theft?
In Utah, unauthorized acceptance of an ACH may be considered theft. However, you'll need evidence proving he knowingly accepted it without permission. It's best to consult with your attorney or local law enforcement for advice specific to your situation.
Would it be fraud or theft?
In Utah, both fraud and theft could potentially apply. Fraud involves deceiving another for personal gain, while theft involves taking someone's property. If he knowingly accepted your ACH without permission, both charges might be relevant. Consult with your attorney for specific advice.
How do I file a police report for that?
To file a police report in Utah, you can typically:
- Contact your local police station by phone or visit in person.
- Provide all necessary details about the incident.
- Make sure to have evidence available for review.
Please confirm the procedure with your local police department.
What are the repercussions for being charged with theft?
In Utah, theft penalties vary depending on the value of the stolen property:
- Under $*: Class B misdemeanor, up to 6 months jail time and up to $*,* fine.
- $* to $*,*: Class A misdemeanor, up to 1 year jail time and up to $*,* fine.
- Over $*,*: Felony, penalties increase with the value of the stolen property.
Please consult with an attorney for specifics.
What would be subpoena for theft investigation?
Subpoenas can be used in a theft investigation to compel someone to testify or produce documents in court. In Utah, this could include:
- Bank statements, if related to the stolen ACH.
- Communication records between you and your ex.
- Any other relevant documents evidencing the theft.
Always consult with your attorney before issuing a subpoena.
How would I file a police report for that?
To file a police report in Utah:
- Contact your local police department or visit their website.
- Provide all necessary details about the incident.
- Have evidence ready for review.
Please confirm the exact process with your local police department.
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