How do I enforce my husband’s promise to hire an attorney for me in our divorce?
If by this question you mean to state that your husband told you he would pay for your attorney in the divorce action between the two of you, that could…
What happens in court if I file for divorce but my husband has an active case on me for child support? Will I get the child?
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
Divorce Mediation – To Good to Be True (For Most People)
I know you want to believe that divorce mediation is the trick to a fast, easy, cheap, amicable divorce. I know you want to believe this, and we know why.…
Are couples with prenups more likely to divorce?
Research is hard to come by. Reliable research even harder. But here is what I could find in short order (how accurate it is I cannot say): https://psycnet.apa.org/record/2017-23543-004 Maybruch, C.,…
Is There Any Realistic Way to Prevent Misappropriating Child Support Funds?
This is a subject that comes up frequently. It comes up frequently not because misappropriating child support is a hard problem to mitigate but because the courts don’t have the…
The Difference Between IRAs
In divorce actions, be sure to distinguish between the different tax treatment of Roth and traditional IRAs. Investopedia.com stated it clearly and concisely: “The traditional IRA allows you to contribute…
Must trial courts consider the tax consequences in divorce?
Generally: It appears that the law in Utah is that the trial court is not required to consider hypothetical and/or future tax consequences of the disposition of the marital estate. See Howell v. Howell,…
Special masters, parent coordinators, and the infantilization of parents
Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…
Completeness of Documentation By Braxton Mounteer
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer
Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…
Knight v. Knight – 2023 UT App 86 – trusts and alimony
Knight v. Knight - 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third…
Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?
Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…
If the Spouse Receiving Support Moves Out of State, Which State’s Laws Determine if They’re Cohabitating?
It is, to the best of my knowledge, the law of the state that issued the alimony award. You will need to check with an attorney in both the state…
2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award
Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…
Knowlton v. Knowlton – 2023 UT App 16
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Myers v. Myers 2023 UT App 20 – Alimony Modification
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
Flat Fee Billing Questions
I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if…
If Two People Become Divorced but Only One Makes the Money for the Whole House While the Other Does Not Work, Does the Person That Doesn’t Work Get Any Money in the Divorce?
Quite often, yes, but not necessarily in every divorce. In the jurisdiction where I practice divorce law, “[m]arital property is ordinarily all property acquired during marriage and it encompasses all…
If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?
While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned…
How long do you pay alimony in Utah?
The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) "Length…
Are you going through a child custody dispute in court, or contemplating one?
Are you going through a child custody dispute in court, or contemplating one? If so, have you heard about a custody evaluation? if not, you'll want to pay particularly close…
How does employment effect finances in divorce?
Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time…
My question to Utah Office of Recovery Services (ORS):
Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don't have the answer to: "Why does…
Are financial interrogatories relevant in my contempt case?
Are financial interrogatories relevant in my contempt case against my sister for violating my visitation order? While I’m sure something seeming like an argument could be made for their relevance,…
When do courts value the marital estate?
When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing…
If you get a divorce but everything is in your name, do you have to split it?
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in…
My estranged father keeps asking me for money, what do I do?
My parents are divorced, my father has no savings, he didn't work for the entire period of their marriage, we were estranged for a while and now we are back,…
Do you think it’s fair for a non-custodial parent to pay more child support?
Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally,…
Fox v. Fox 2022 UT App 88 – alimony
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
How do I get a quick, cheap divorce?
Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your…
Can you get a post-judgment interest rate higher than the statutory rate?
Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower,…
How do you win financially in a divorce?
It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define "winning financially" as: coming away from…
How should the child support payment system in the U.S. be changed?
How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known…
What is a CMA?
This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a…
Law from a legal assistant’s point of view, week 38: Arb-med, part II
By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…
Why are child support and custody attorneys so expensive?
Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly;…
Which is the best matrimonial site in the USA with a free trial?
There are many websites with lots of free information that is good. The problem is being able to tell the good content from the bad. This is why, whether you…
Does Utah ORS collect childcare by garnishing a paycheck?
Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect…
Should I use free family law resources?
Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s…
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…
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…
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 …
Does greed also have a role in most divorce cases?
In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some…
Why is a lawyer charging me $1,500 for a court order?
I do not know. Ask your lawyer. And ask sincerely. Feel free to be frank, but ask sincerely. If his/her answer does not make sense (and you’re being honest with…
Law from a legal assistant’s point of view, week 18
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…
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…
Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
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…