Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…

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2019 UT App 147 – McQuarrie v. McQuarrie – termination of alimony

2019 UT App 147 – McQuarrie v. McQuarrie THE UTAH COURT OF APPEALS MELVIN C. MCQUARRIE, Appellant and Cross-appellee, v. JANETTE COLLEDGE MCQUARRIE, Appellee and Cross-appellant. Opinion No. 20170956-CA Filed…

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Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…

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Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony

2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department…

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Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…

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A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…

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What useful things can Jeff Bezos’s divorce can teach us

Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances…

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Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department…

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Should all spousal support/alimony be revoked?

Should all spousal support/alimony be revoked? No, but I wouldn’t be upset if it was largely overhauled to reflect circumstances as they are now. Because originally wives didn’t get half…

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As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…

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Hosking v. Chambers – 2018 UT App 193 – termination of alimony

2018 UT App 193 The Utah Court of Appeals CRAIG HOSKING, Appellee, v. ERIN JO CHAMBERS, Appellant. Opinion No. 20160444-CA Filed October 12, 2018 Second District Court, Ogden Department The…

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A list of common, but very good, Utah divorce questions (with answers)

ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE…

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Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as take what each earned?

Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as each takes what each earned? In Utah (where I practice law), the law is not…

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Xu v. Zhao – 2018 UT App 189 – when it comes to determining alimony, almost anything goes.

2018 UT App 189 THE UTAH COURT OF APPEALS DEGAO XU, Appellant and Cross-appellee, v. HONGGUANG ZHAO, Appellee and Cross-appellant. Opinion No. 20160453-CA Filed October 4, 2018 Fourth District Court,…

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MacDonald v. MacDonald – 2018 UT 48 – modification of alimony

This opinion is subject to revision before final publication in the Pacific Reporter MacDonald v. MacDonald – 2018 UT 48 IN THE SUPREME COURT OF THE STATE OF UTAH KIRKPATRICK…

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Are divorce courts biased towards either gender?

Are divorce courts biased towards either gender? In my educated and experienced opinion, yes, in most (not all) cases. It’s not usually motivated by animus toward men or women (although…

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What are legal ways one can prevent having to pay spousal support in case of a divorce?

What are legal ways one can prevent having to pay spousal support in case of a divorce? Do you really mean “What are legally and equitably valid ways one can prevent having…

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What Is Alimony, and How Does It Work in Utah?

What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other…

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Can a wife expect a property to be split equally if she cheated?

Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are…

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Munoz-Madrid v. Carlos-Moran – 2018 UT App 95 – alimony

Munoz-Madrid v. Carlos-Moran - 2018 UT App 95 THE UTAH COURT OF APPEALS PATRICIA MUNOZ-MADRID, Appellee, v. MARTIN ROBERTO CARLOS-MORAN, Appellant. Opinion No. 20161013-CA Filed May 24, 2018 Fourth District…

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By law does a woman have to pay an abusive ex-husband alimony?

In the jurisdiction where I practice law (Utah), the question is not whether an abused spouse who makes more money than the abuser must pay alimony to the abuser, but…

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Christensen v. Christensen – 2018 UT App 53 – interpretation of plain meaning of decree

2018 UT App 53 THE UTAH COURT OF APPEALS JACQUELINE E. CHRISTENSEN, Appellee, v. JOHN D. CHRISTENSEN, Appellant. Opinion No. 20151084-CA Filed March 29, 2018 First District Court, Logan Department…

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Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…

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Is the money I earn at my job during the marriage marital property?

Are my earnings from my job that I earned during the marriage marital property? Almost certainly. Black’s Law Dictionary defines “marital property” as follows: Property that is acquired during marriage…

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Paulsen v. Paulsen (2018 UT App 19) – alimony modification

2018 UT App 19 THE UTAH COURT OF APPEALS LYNESSA MICHELLE ANDERSON, Appellee, LOREN PRICE ANDERSON, Appellant. Opinion No. 20160507-CA Filed February 1, 2018 Fourth District Court, Provo Department The…

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Paulsen v. Paulsen (2018 UT App 22 ) – modification of alimony

2018 UT App 22 THE UTAH COURT OF APPEALS HOLLY PAULSEN, Appellee, KEITH PAULSEN, Appellant. Opinion No. 20151014-CA Filed February 1, 2018 Second District Court, Farmington Department The Honorable Robert…

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Scott v. Scott – 2017 UT 66 – Utah Supreme Court – September 21, 2017 – termination of alimony for cohabitation

This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 66 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Petitioner, v. BRADLEY…

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Nicholson v. Nicholson – 2017 UT App 155 – termination of alimony – foreseeable – lack of need

Nicholson v. Nicholson - 2017 UT App 155 THE UTAH COURT OF APPEALS RONALD J. NICHOLSON, Appellant, v. PAULA ANN NICHOLSON, Appellee. Opinion No. 20151021-CA Filed August 24, 2017 Second…

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Vanderzon v. Vanderzon – 2017 UT App 150 – August 17, 2017 – custody on relocation, alimony, and attorney fees

Vanderzon v. Vanderzon - 2017 UT App 150 - August 17, 2017 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…

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Is there a way to stop ORS from taking child support directly out of my pay checks?

QUESTION: Is there a way to stop ORS from taking child support directly out of my pay checks? For the first 10 years of my husband’s divorce decree, he and…

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Rule v. Rule – 2017 UT App 137 (August 3, 2017) – alimony – standard of living

Rule v. Rule - 2017 UT App 137 (August 3, 2017) – alimony – standard of living THE UTAH COURT OF APPEALS GEOFFREY S. RULE, Appellee, v. RICHELLE RULE, Appellant.…

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MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) – modification of alimony – unforeseeable circumstances

MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) THE UTAH COURT OF APPEALS KIRKPATRICK MACDONALD, Appellant, v. LEE ANNE MACDONALD, Appellee. Opinion No. 20150785-CA Filed August 3, 2017…

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Chesley v. Chesley, 2017 UT App 127 (July 28, 2017) – what findings must a court make to calculate alimony properly?

Chesley v. Chesley, 2017 UT App 127 (July 28, 2017) THE UTAH COURT OF APPEALS   MORIAH LEE CHESLEY, Appellee, v. BENJAMIN WADE CHESLEY, Appellant. Opinion No. 20160193-CA Filed July…

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Christensen v. Christensen – 2017 UT App 120 – July 20, 2017

Christensen v. Christensen - 2017 UT App 120 - July 20, 2017 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July…

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Can my ex force me not to pay for my child’s college tuition, even though I can afford to pay it in full?

Can my ex force me not to pay for my child's college tuition, even though I can afford to pay it in full? My ex and I have a growing…

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What are the biases shown in family law?

What are the biases shown in family law? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…

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