Staszkiewicz v. Thomas – 2024 UT App 183

Staszkiewicz v. Thomas - 2024 UT App 183 THE UTAH COURT OF APPEALS MADISON STASZKIEWICZ, Appellee, v. TIFFANY N. THOMAS, Appellant. Opinion No. 20230229-CA Filed December 12, 2024 Third District…

Continue ReadingStaszkiewicz v. Thomas – 2024 UT App 183

How Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant

Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…

Continue ReadingHow Much Can You Stretch The Truth In Your Testimony? By Braxton Mounteer, Legal Assistant

What to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time

I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…

Continue ReadingWhat to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time

2024 UT App 169 – Ward v. McGarry – imputation of income

2024 UT App 169 - Ward v. McGarry THE UTAH COURT OF APPEALS SARA WARD, Appellant, v. MEREDITH MCGARRY, Appellee. Opinion No. 20230365-CA Filed November 15, 2024 Third District Court,…

Continue Reading2024 UT App 169 – Ward v. McGarry – imputation of income

State v. Hughes – 2024 UT App 168 – insufficient evidence and ineffective assistance of counsel

State v. Hughes - 2024 UT App 168 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DAYMIAN MARTIEZ HUGHES, Appellant. Opinion No. 20220640-CA Filed November 15, 2024 Third…

Continue ReadingState v. Hughes – 2024 UT App 168 – insufficient evidence and ineffective assistance of counsel

Small v. Small – 2024 UT App 173 URE 408 and statute of frauds

Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…

Continue ReadingSmall v. Small – 2024 UT App 173 URE 408 and statute of frauds

The Voice of Reason in a Discussion of Domestic Violence and Child Custody

On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…

Continue ReadingThe Voice of Reason in a Discussion of Domestic Violence and Child Custody

Is Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer

Everyone has seen a trial portrayed in a movie or video. An actual trial (especially in a divorce case) is not like television or movies would have you believe. Initially,…

Continue ReadingIs Trial In Your Utah Divorce Case a Boxing Match or an Audition? By Braxton Mounteer

Godfrey v. Godfrey – 2024 UT App 156 – Broad discretion, Abuse of discretion

2024 UT App 156 THE UTAH COURT OF APPEALS AMANDA GODFREY, Appellee, v. RANDY GODFREY, Appellant. Opinion No. 20210871-CA Filed October 31, 2024 Third District Court, Silver Summit Department The…

Continue ReadingGodfrey v. Godfrey – 2024 UT App 156 – Broad discretion, Abuse of discretion

Hoidal v. Berry – 2024 UT App 157 – Valuation, Separation, Alimony

2024 UT App 157 THE UTAH COURT OF APPEALS MARI HOIDAL, Appellee and Cross-appellant, v. JOHN BERRY, Appellant and Cross-appellee. Opinion No. 20220291-CA Filed October 31, 2024 Third District Court,…

Continue ReadingHoidal v. Berry – 2024 UT App 157 – Valuation, Separation, Alimony

Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…

Continue ReadingLerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation

2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…

Continue Reading2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation

State v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…

Continue ReadingState v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…

Continue ReadingLunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…

Continue ReadingCorn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

In re Estate of Wright; Anderson v. Shayesteh – 2024 UT App 146 – Unsolemnized Marriage

In re Estate of Wright; Anderson v. Shayesteh - 2024 UT App 146 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ESTATE OF SHEILA ANNE WRIGHT, AHMAD RAY…

Continue ReadingIn re Estate of Wright; Anderson v. Shayesteh – 2024 UT App 146 – Unsolemnized Marriage

Utah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?

Answer: Almost certainly no. See Dahl v. Harrison, 265 P.3d 139, 2011 UT App 389 (2011). Note: Under the current Utah Rules of Civil Procedure, responses to written discovery requests are due…

Continue ReadingUtah Law Question: Discovery Closes in Less Than 28 Days, but Opposing Counsel Just Serve Discovery Requests. Am I Obligated to Respond?

State v. Williamson – 2024 UT App 141 – Child Pornography

LUTHY, Judge: ¶1 James A. Williamson appeals from his convictions on three counts of sexual exploitation of a minor. He contends that a police search of his residence violated his constitutional…

Continue ReadingState v. Williamson – 2024 UT App 141 – Child Pornography

THE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…

Continue ReadingTHE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.

In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…

Continue ReadingTwo Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.

In re K.B – 2024 UT App 114 – Termination of Parental Rights

In re K.B - 2024 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.B., Appellant, v.…

Continue ReadingIn re K.B – 2024 UT App 114 – Termination of Parental Rights

Harris v. Hunt – 2024 UT App 117 – Civil Stalking Injunction

Harris v. Hunt - 2024 UT App 117 THE UTAH COURT OF APPEALS DALE HARRIS, Appellee, v. JUSTIN HUNT, Appellant. Opinion No. 20230753-CA Filed August 15, 2024 Fifth District Court,…

Continue ReadingHarris v. Hunt – 2024 UT App 117 – Civil Stalking Injunction

Are You Prolonging Your Divorce? By Braxton Mounteer, Legal Assistant

Almost all people going through a divorce say they want the case disposed of as soon as possible, but I have found that most people slow the process down for…

Continue ReadingAre You Prolonging Your Divorce? By Braxton Mounteer, Legal Assistant

2024 UT App 104 – In re B.D. – What is a dependent child?

2024 UT App 104 - In re B.D. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.D., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.D., Appellant,…

Continue Reading2024 UT App 104 – In re B.D. – What is a dependent child?

McPherson v. Copp – 2024 UT App 107 – common law marriage, undisclosed witnesses

2024 UT App 107 THE UTAH COURT OF APPEALS SEAN MCPHERSON, Appellee, v. LYNN COPP, Appellant. Opinion No. 20220404-CA Filed August 1, 2024 Third District Court, Silver Summit Department The…

Continue ReadingMcPherson v. Copp – 2024 UT App 107 – common law marriage, undisclosed witnesses

Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

Continue ReadingKinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony

Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

Continue ReadingKinsey v. Kinsey – 2024 UT App 120 – termination of alimony

How to Fill Out Your Financial Declaration, Paragraph 6. By Braxton Mounteer, Legal Assistant

Paragraph 6 of your financial declaration addresses your after-tax income. Your after-tax income is a simple calculation. Take your gross monthly income (calculated in paragraph 4) and subtract your monthly…

Continue ReadingHow to Fill Out Your Financial Declaration, Paragraph 6. By Braxton Mounteer, Legal Assistant

What Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?

Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…

Continue ReadingWhat Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?

Parental Estrangement and Parental Alienation and Parental Estrangement Are Not the Same Thing By Braxton Mounteer, Legal Assistant.

During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…

Continue ReadingParental Estrangement and Parental Alienation and Parental Estrangement Are Not the Same Thing By Braxton Mounteer, Legal Assistant.

Can What I Post on Social Media Be Used Against Me in a Divorce Case?

Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…

Continue ReadingCan What I Post on Social Media Be Used Against Me in a Divorce Case?

If Someone Is Caught Breaking a Protection Order and They Go to Court for That Can the Person Who Needed the P.O. Go to Court to Speak out About the Violation?

Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…

Continue ReadingIf Someone Is Caught Breaking a Protection Order and They Go to Court for That Can the Person Who Needed the P.O. Go to Court to Speak out About the Violation?

In re A.H., 2024 UT 26 – Termination of Parental Rights

This opinion is subject to revision before final publication in the Pacific Reporter In re A.H. - 2024 UT 26 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…

Continue ReadingIn re A.H., 2024 UT 26 – Termination of Parental Rights

How to Fill Out Your Financial Declaration, Paragraph Four. By Braxton Mounteer, Legal Assistant

Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…

Continue ReadingHow to Fill Out Your Financial Declaration, Paragraph Four. By Braxton Mounteer, Legal Assistant

How to Fill Out Your Financial Declaration, Paragraph Two. By Braxton Mounteer, Legal Assistant

Paragraph two of your financial declaration details the documents that you must attach to your financial declaration (unless they don't exist). It is not optional; they are the documents you are required…

Continue ReadingHow to Fill Out Your Financial Declaration, Paragraph Two. By Braxton Mounteer, Legal Assistant

Merrill v. Merrill – 2024 UT App 94 – Tax Rate, Expenses, Affect on Income Calculation

Merrill v. Merrill - 2024 UT App 94 THE UTAH COURT OF APPEALS LUTISHA MERRILL, Appellee, v. JOHN RICHARD MERRILL, Appellant. Opinion No. 20210785-CA Filed July 11, 2024 Third District…

Continue ReadingMerrill v. Merrill – 2024 UT App 94 – Tax Rate, Expenses, Affect on Income Calculation

Thorup v. Thorup – 2024 UT App 93

Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…

Continue ReadingThorup v. Thorup – 2024 UT App 93

2024 UT App 84 – Corn v. Groce – Modification of Parent-Time or Custody

2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…

Continue Reading2024 UT App 84 – Corn v. Groce – Modification of Parent-Time or Custody

2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption

2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…

Continue Reading2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption

Taking Your Divorce Case to Trial Requires Just as Much from You as It Does of Your Lawyer, By Braxton Mounteer, Legal Assistant

Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…

Continue ReadingTaking Your Divorce Case to Trial Requires Just as Much from You as It Does of Your Lawyer, By Braxton Mounteer, Legal Assistant

Wilson v. Wilson, 2024 UT App 87 – civil stalking injunction, appeals

Wilson v. Wilson - 2024 UT App 87 THE UTAH COURT OF APPEALS TKS CO-PACK MANUFACTURING, LLC AND TROY WILSON, Appellants and Cross-appellees, v. DOUG WILSON, Appellee and Cross-appellant. Opinion…

Continue ReadingWilson v. Wilson, 2024 UT App 87 – civil stalking injunction, appeals

Why All Communications with Your Former Spouse Should be in Writing By Braxton Mounteer, Legal Assistant.

Even if you trust your former spouse to deal with you honestly and in good faith in any matter pertaining to your divorce, why should you communicate in writing with…

Continue ReadingWhy All Communications with Your Former Spouse Should be in Writing By Braxton Mounteer, Legal Assistant.

Elder v. Elder – 2024 UT App 68 – enforcement vs. modification

Elder v. Elder - 2024 UT App 68 THE UTAH COURT OF APPEALS BRITTANY LEE ELDER, Appellee, v. MATT BLAKE ELDER, Appellant. Opinion No. 20210902-CA Filed May 9, 2024 Second…

Continue ReadingElder v. Elder – 2024 UT App 68 – enforcement vs. modification

In re Adoption of P.P. – 2024 UT App 62 – ineffective assistance of counsel – adoption

In re Adoption of P.P. - 2024 UT App 62 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF P.P., A PERSON UNDER EIGHTEEN YEARS OF AGE.…

Continue ReadingIn re Adoption of P.P. – 2024 UT App 62 – ineffective assistance of counsel – adoption

Second-Hand Testimony Is and Never Will Be Better Than the Witness’s Own Testimony in His/Her Own Voice

For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…

Continue ReadingSecond-Hand Testimony Is and Never Will Be Better Than the Witness’s Own Testimony in His/Her Own Voice

Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?

After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…

Continue ReadingIs There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?

2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees

2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…

Continue Reading2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees

2024 UT App 52 – In re A.S. – child neglect, photographing genitals

2024 UT App 52 - In re A.S.   THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

Continue Reading2024 UT App 52 – In re A.S. – child neglect, photographing genitals