Miner v. Miner – 2025 UT App 64 – modifying alimony, attorney’s fees
Miner v. Miner - 2025 UT App 64 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, v. JOHN E. MINER, Appellant. Opinion No. 20230278-CA Filed May 8, 2025 Fifth…
When Contemplating Divorce, Advance Research, Analysis, and Planning Will Be a Tremendous Help to You, Your Family, and to Your Attorney
Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them…
What is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
How Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
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…
Calculating Alimony in Utah Divorce Cases
Alimony is not purely a mathematical formula in Utah, but the governing section of the Utah Code (see Section 81-4-502. Determination of alimony) does relay on some basic addition, subtraction, and division. First,…
Is It Time to Recognize “Semi-cohabitation” as a Basis for at Least Reducing the Alimony Award?
Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a) The court has continuing jurisdiction…
I Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?
A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…
Why Hiding Your Money in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
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…
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…
Knowles v. Knowles – UT App 47
Knowles v. Knowles - UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District…
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…
Johansen v. Johansen – 2021 UT App 130 – compliance with court rules
2021 UT App 130 THE UTAH COURT OF APPEALS COLTEN JOHANSEN, Appellee, KATHY JOHANSEN, Appellant. Opinion No. 20200234-CA Filed November 26, 2021 Second District Court, Ogden Department The Honorable Joseph…
MacFarland v. MacFarland – 2021 UT App 58
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event
2020 UT App 141 - THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo…
Do you flee the country to avoid alimony? Or do you happily comply?
Do you flee the country to avoid alimony? Or do you happily comply? First, let's discuss the "option" of fleeing the country to avoid paying alimony. It's not really an…
Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement
2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…
MacDonald v. MacDonald – 2018 UT 48 – modification of alimony
This opinion is subject to revision before final publication in the Pacific Reporter MacDonald v. MacDonald – 2018 UT 48 IN THE SUPREME COURT OF THE STATE OF UTAH KIRKPATRICK…
Paulsen v. Paulsen (2018 UT App 22 ) – modification of alimony
2018 UT App 22 THE UTAH COURT OF APPEALS HOLLY PAULSEN, Appellee, KEITH PAULSEN, Appellant. Opinion No. 20151014-CA Filed February 1, 2018 Second District Court, Farmington Department The Honorable Robert…
Can alimony decrease if the payor’s income decreased?
QUESTION: Can the alimony award be decreased if the alimony payor had a drastic change in income?; i.e., if he lost his job or was demoted and now makes less than half…
