What is the average cost of divorce, when child custody is contested?
How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see…
If I petition to modify the child support award, how far back does the modification go?
If I petition to modify the child support award, how far back does the modification go? Utah does allow for child support modification. The answer is found in Utah Code §…
How unemployment or under-employment affects child support
QUESTION: I was looking into child support laws, I am confused about how involuntary vs. voluntary unemployment or under-employment affects the child support obligation. If a non-custodial parent wants to…
Can you ask an attorney for an overcharge refund?
Can you ask an attorney for an overcharge refund? You are absolutely entitled to a refund if your lawyer overcharged you. But what do you mean by “overcharged”? Do you…
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…
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…
Do You Feel Like a Dollar Sign?
Do Your Clients Feel Like Dollar Signs? by Lee Rosen https://roseninstitute.com/do-your-clients-feel-like-dollar-signs/ Tourists in India feel like dollar signs. Touts crowd around, shouting above the street noise, imploring tourists to buy…
My bank account was subpeonaed. Will the bank share business account transactions or only personal account?
My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the…
5 Things Divorce Will Never Save You From
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
Can I sue for the child support I paid after our child started living with me?
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
Why do Utah divorce courts rarely award attorney fees to the prevailing party?
Why do Utah divorce courts so rarely award attorney's fees to the prevailing party? Such a great question, and one that I have to answer with every case, every client.…
Does child support still continue while child is in college?
QUESTION: I was wondering if a child goes to college but still lives with a parent, does child support still continue while child is in college? ANSWER: The Utah Code…
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…
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…
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) – what is marital property? – how is marital property valued?
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…
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.…
White v. White – 2017 UT App 140 (August 3, 2017) – division of marital assets – homestead exemption – proper service
White v. White - 2017 UT App 140 (August 3, 2017) - division of marital assets - homestead exemption - proper service THE UTAH COURT OF APPEALS DEAN WHITE, Appellant,…
Buying Based on Value, Not on Just Price
An old legal assistant of mine shared with me the old saw of "buy cheap, pay twice." My father-in-law introduced me to "jumping over dollars to pick up dimes." Then…
How can I get a fair shake in divorce when my ex has an attorney and I am unable to afford my own attorney?
How can I get a fair child custody arrangement when my ex has an attorney and I am unable to pay the initial retainer for my own attorney? I have…
Remarriage Affecting Child Support?
QUESTION: Does remarriage affect child support? My ex-wife remarried a man who makes about 4x more than I do annually. Because of this she doesn’t have to work anymore. I…
Is it legal for the custodial parents to use child support money on themselves?
Is it legal for the custodial parents to use child support money on themselves? This is a superb and a brave question. Here is my answer (for the State of…
Can I Use Home Equity to Finance My Divorce?
Question: If I don't have a lot of money but have substantial home equity[1], and really need a good attorney, can I somehow leverage this to get an attorney? Answer:…
Collection of unpaid child support (child support arrearages)
Question: If a child support obligor is in arrears, but so much in arrears that it is likely ORS won't be able to recover enough money to bring payment current…
How long does it take to get a court order for child support?
How long does it take to get a court order for child support? Eric Johnson, Attorney at Utah Family Law, LC https://www.quora.com/How-long-does-it-take-to-get-a-court-order-for-child-support/answer/Eric-Johnson-311 My answer is based upon Utah law because…
Am I required to hire a lawyer for divorce mediation?
Question: Can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we meet mediation? Do I have…
Veysey v. Nelson, 2017 UT App 77 – Utah Code § 78B-12-214, request for reimbursement, reasonable notice, laches
Veysey v. Nelson, 2017 UT App 77 THE UTAH COURT OF APPEALS ANDREW VEYSEY, Appellee, v. ALEXIS NELSON, Appellant. Opinion No. 20150609-CA Filed May 4, 2017 Third District Court, Salt…
How can I get a fair child custody arrangement when my ex has an attorney and I am unable to pay the initial retainer for my own attorney?
Question: How can I get a fair child custody arrangement when my ex has an attorney and I am unable to pay the initial retainer for my own attorney? I…
Who Can and Should Give Legal Advice, and Who Can and Should Seek Legal Advice
I'm Brian Godfrey, a legal assistant for Utah Family Law, LC. I often take calls from potential clients who ask myriad questions. Some I can answer, others I can't. I…
Variations on Stupid (by Seth Godin)
Today's video is taken directly from Seth Godin's blog because it applies so well and so crucially to how both lawyers and clients approach divorce in the wrong ways. The link to…
The Client-Attorney Relationship?
Small hinges swing large doors. I recently listened to a podcast featuring Peter carry an us (Carayiannis), whose firm has been twice nominated for the most innovative law-firm award. And although…
The Availability of Free Online Divorce Law Information is Great! Really, We’re Not Kidding.
The Availability of Free Online Divorce Law Information is Great! Really, We’re Not Kidding. You can find an abundance of very and useful and interesting legal information online for free,…
Special Challenges for the Small Business Owner in Divorce
You often hear divorce lawyers saying that there are “special challenges” for virtually everybody in divorce: special challenges for men, special challenges for women, for the young, special challenges for…
Protection from Domestic Violence in Utah
An act of domestic violence could lead to civil court action, criminal court action, or both. So first, let’s make sure you understand the difference between civil and criminal court…
Natural Light (by Seth Godin)
This blog post is taken from a blog posting by Seth Godin. The link to his post and to his blog is: https://feeds.feedblitz.com/~/123780515/0/sethsblog~Natural-light.html. He wrote: Natural Light (by Seth Godin) If…
If You Agreed to Get Hosed in Your Divorce Settlement, You Will Get Hosed
So you don't like the terms of your divorce settlement and you're wanting to modify those terms. I hope that when you signed that settlement agreement you didn't agree to…
How to Shop for a Divorce Attorney and to Select the Right Fit for You (the no B.S. way)
I’ve never been one to avoid elephants in the room, so let’s examine this one. We’ve met in an initial consultation. You’re a potential client. We’ve discussed your problems, reviewed…
Fixed or Flat Fee Attorney Pricing
I experimented with fixed-fee pricing over the billable hour for over a year and a half before I got it down to a system that works for both my client…
Guide to Succeeding in Divorce While Reducing the Time and Costs
Contents If you are the victim of serious or escalating domestic violence, get help and get to safety first. 2 Advance Planning, If You Have That Option. 2 Gather in…
Are Workers Compensation and Personal Injury Awards Considered Marital Property in Utah?
I cannot find any case law in Utah on the subject of workers compensation awards and whether they are treated as marital or separate property in divorce. As for the…
Creative and Convenient Ways to Ensure Utah Child Support is Paid
Note: You do not need to be divorced or going through a divorce to find this article helpful. This article is not intended to benefit only those who have received…
Dividing Military Pensions and Benefits – Part 3 – Other Benefits.
In Dividing Military Pensions and Benefits Part 2, we covered formulas for splitting retirement pay for services members recommended by the Uniform Services Former Spouses’ Protection Act (USFSPA).[1] With this…
Dividing Military Pensions and Benefits – Part 2 – Formulas for Dividing Military Pensions
In Dividing Military Pensions and Benefits Part 1 we covered what Uniform Services Former Spouses’ Protection Act (USFSPA)[1] is and how it applies to you if you or your spouse…
Dividing Military Pensions and Benefits – Part 1
Divorce is complicated enough without throwing into the mix the fact that one or more of the divorcing parties is a military service member or has military benefits. Fortunately, the…
Should I Get a Divorce Coach? (I won’t keep you in suspense: No).
My blog post here is inspired by a blog post by Karen Bigman, who identifies herself as a “divorce coach.” Here is the link to her post, there’s a link…
Equally Yoked Doesn’t Decrease Your Freedom, it Multiplies Your Power
I recently read advice from a man I follow for a lot of good advice that I follow. He was recently asked a question about what do if you and…
Save Yourself from Bad Divorce Lawyers
You’ve heard the nightmare divorce stories: The divorces that go on and on for years with no end in sight, all the while costing tens of thousands of dollars; The…
The Real—and Verifiable—Reasons Why Free Legal Help Doesn’t Get It Done
Many people who seek free legal help do so because they tried the paid route and got burned (often burned baaaad). It’s true: lots of divorce lawyers (or I should…
The 5 Minimal Things You Must Consider Before File for Divorce
When considering a divorce, there are a few fundamental steps that can help you avoid major pitfalls. Not every divorce is the same, but these five fundamental steps are a…
Some Truly Helpful Online Tools to Make Child Custody and Visitation (Parent-time) Easier to Manage
Let’s face it; sometimes it’s hard to communicate with your ex (or soon to be ex) about the kids. Feelings start to arise, and soon you are in another argument…
Dividing Military Pensions and Benefits
Most divorces are complicated by nature. Throw in the fact that one or more of the divorcing parties is a military service member, or has military benefits, and the divorce…