Pending divorce spouse has moved out and stopped paying bills.

Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court?  Report this to your attorney immediately. There are…

Continue ReadingPending divorce spouse has moved out and stopped paying bills.

Hillam v. Hillam – 2022 UT App 24 – final and appealable ruling, rule 54(b)

2022 UT App 24 THE UTAH COURT OF APPEALS JOHN DINSDALE HILLAM, Petitioner, v. TARA HILLAM, Respondent and Appellant, v. DUSTIN HANCOCK AS INVESTMENT TRUSTEE, Respondent and Appellee. Opinion No.…

Continue ReadingHillam v. Hillam – 2022 UT App 24 – final and appealable ruling, rule 54(b)

Is it true that family courts get paid from child support payments?

Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it?  The courts do…

Continue ReadingIs it true that family courts get paid from child support payments?

In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…

Continue ReadingIn re J.P. – 2021 UT App 134 – termination of parental rights

2022 UT App 15 – Miller v. DaSilva – protective order objections

2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…

Continue Reading2022 UT App 15 – Miller v. DaSilva – protective order objections

My spouse owes me child support, but we are both almost homeless.

How do I find assistance if I own a business with a spouse that owes money in child support, yet we are unable to support ourselves and at risk of…

Continue ReadingMy spouse owes me child support, but we are both almost homeless.

Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

2022 UT App 5  THE UTAH COURT OF APPEALS  CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee.  Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022  Third District Court, Salt…

Continue ReadingWadsworth v. Wadsworth – 2022 UT App 5 – marital estate

T.W. v. S.A. – 2021 UT App 132 – child custody

2021 UT App 132  THE UTAH COURT OF APPEALS  T.W., Appellant, v. S.A., Appellee.  Opinion  No. 20200397-CA  Filed November 26, 2021  Third District Court, West Jordan Department  The Honorable Dianna…

Continue ReadingT.W. v. S.A. – 2021 UT App 132 – child custody

Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS  GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee.  Opinion  No. 20200557-CA  Filed December 30, 2021  Seventh District Court, Moab Department  The Honorable Don Torgerson …

Continue ReadingFischer v. Fischer – 2021 UT App 145 – marital vs. separate property

In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134  THE UTAH COURT OF APPEALS  STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE.  T.L., Appellant, v. STATE OF…

Continue ReadingIn re J.P. – 2021 UT App 134 – termination of parental rights

The way UT courts conduct custody evaluations nowadays is indefensible

The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…

Continue ReadingThe way UT courts conduct custody evaluations nowadays is indefensible

Law from a legal assistant’s point of view, week 22: The Rule of Law

By Quinton Lister, legal assistant Rule of law. The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.  My time as a legal assistant for a divorce…

Continue ReadingLaw from a legal assistant’s point of view, week 22: The Rule of Law

What is a costly part of divorce that almost no one thinks of ahead of time?

Every aspect of divorce. Every single one.  Two cannot live separately and divorced for less than they did together.  Litigation is mind-bogglingly expensive and protracted.  Even an uncontested divorce can…

Continue ReadingWhat is a costly part of divorce that almost no one thinks of ahead of time?

Erring on the side of caution is not merely cowardly, it is evil

Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil.  We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…

Continue ReadingErring on the side of caution is not merely cowardly, it is evil

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…

Continue ReadingLaw from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 15: Objections.

By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of…

Continue ReadingLaw from a legal assistant’s point of view, week 15: Objections.

If the father got the child custody, will the mom pay for child support?

In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…

Continue ReadingIf the father got the child custody, will the mom pay for child support?

My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

Thanks for the laugh.  In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…

Continue ReadingMy ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

What happens to a child support order if both parents move out of the country?

Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…

Continue ReadingWhat happens to a child support order if both parents move out of the country?

What is the success rate of having a court-appointed legal aid?

I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them.  Generally, the reputation appointed counsel…

Continue ReadingWhat is the success rate of having a court-appointed legal aid?

Does saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?

First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is…

Continue ReadingDoes saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…

Continue ReadingWhat is the best and fastest way to switch judges in a family court?

Are mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…

Continue ReadingAre mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

Does a family court judge know when a parent is being malicious?

Rarely, and when the judge does know, it’s usually because the other parent’s malicious behavior is so way over the top as to be impossible to detect or ignore or…

Continue ReadingDoes a family court judge know when a parent is being malicious?

I’m getting a divorce, and my husband filed the paperwork. Strangely, he filled out my portion of the paperwork for me and even put in a name change. I don’t know what to do with this. Any suggestions?

This is a general response because every jurisdiction may be a little different, but the principles that I discussed below are pretty uniform throughout the United States. Make sure you…

Continue ReadingI’m getting a divorce, and my husband filed the paperwork. Strangely, he filled out my portion of the paperwork for me and even put in a name change. I don’t know what to do with this. Any suggestions?

Law from a legal assistant’s point of view, week 4: Trial by fire

By Quinton Lister, Legal Assistant  I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…

Continue ReadingLaw from a legal assistant’s point of view, week 4: Trial by fire

Law from a legal assistant’s point of view, week 2: Pile higher and deeper

Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…

Continue ReadingLaw from a legal assistant’s point of view, week 2: Pile higher and deeper

The Utah courthouses will be re-opening soon. Don’t go back!

With the COVID-19 crisis essentially behind us now (please don't start on the Delta variant) the Utah courts are re-opening the courthouses. And there's nothing wrong with that . .…

Continue ReadingThe Utah courthouses will be re-opening soon. Don’t go back!

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…

Continue ReadingNakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

Ward v. McGarry – 2021 UT App 51

Ward v. McGarry - 2021 UT App 51  NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.   …

Continue ReadingWard v. McGarry – 2021 UT App 51

After a divorce, should my kids be with me or with the mom?

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…

Continue ReadingAfter a divorce, should my kids be with me or with the mom?

I have custody of my child. He’s refusing to come home. What now?

I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…

Continue ReadingI have custody of my child. He’s refusing to come home. What now?

Child refuses to leave noncustodial parent’s house. What happens now?

I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…

Continue ReadingChild refuses to leave noncustodial parent’s house. What happens now?