My ex is threatening to relocate out of state with our kids!
QUESTION: My ex-wife tonight, in a fit of anger, told me that she is going to move to another state with our kids (her current boyfriend lives there). I’m not…
My ex just announced he’s taking the children during my parent-time.
QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…
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…
4 Reasons Divorce Makes Good People Act Like Total Jerks
4 Reasons Divorce Makes Good People Act Like Total Jerks Don't let the it get the best of you! Why is it that people who seemed to be fairly rational…
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…
How can I call my 10-year-old as a witness to say where she would like to live?
QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…
What if my spouse won’t complete the divorce orientation and education courses?
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
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…
What are the options when a father is accused of domestic violence when it seems to stem purely from a desire by the mother to have him out of the home?
What options are there when a father is accused of domestic violence, but the charge seems to stem purely from a desire by the mother to have him out of…
Are Settlement Negotiations in a Divorce Case Admissible Evidence?
Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of…
Do you think current divorce laws are biased against men?
Do you think the current divorce laws are biased against men? In my experienced opinion, yes (and I speak as one who represents both women and men in divorce where…
I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce
I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce. Unfortunately, I wouldn't be the least bit surprised if Utah…
What are the odds of a ballot measure for 50/50 custody?
What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t…
Christmas Break Parent-time 2017 – how it works
NOTE: this will explain how to calculate Christmas break parent-time for any period, in any year (but we'll use 2017 as an example). QUESTION: I'm trying to figure out what day…
Defending Yourself Against a Protective Order
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…
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…
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…
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.…
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…
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…
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…
Spousal (and Ex-Spousal) Spying – You Can Go to Prison, If You Do It Wrong
Have you ever thought about “bugging” your children’s teddy bear or diaper bag to eavesdrop on your ex? A parent in Utah tried this exact thing (spoiler alert: it didn’t…
Can a parent get custody of a child if he has a domestic violence protection order against him?
Can a parent get custody of a child if he has a domestic violence protection order against him? Nothing in Utah law prohibits a parent against whom a protective order…
Fit parents and their children deserve joint custody
As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. "[A] parent's right to the…
What factors does a court consider when making a child custody determination?
What factors does a court consider when making a child custody determination? Here are the minimum factors the courts in Utah must consider in making a child custody award in divorce actions:…
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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