Plaia v. Plaia – 2019 UT App 130 – enforcing stipulation, unvested shares, mutual mistake, abuse of discretion

Plaia v. Plaia - 2019 UT App 130 THE UTAH COURT OF APPEALS MICHAEL ALLEN PLAIA, Appellee, v. ALINA VICTORIA PLAIA, Appellant. Opinion No. 20170948-CA Filed July 26, 2019 Third…

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Do women get sole or primary custody of children by default?

How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn't it make more sense to have 50/50…

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Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony

2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department…

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Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…

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Is there a “statute of limitations” for seeking child support?

In Utah, yes: Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor's liabilities for past support are limited to the period of four years preceding the commencement of…

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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…

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Is there a “statute of limitations” for seeking child support?

I can’t speak for all states, but I can answer the question for the state where I practice law (Utah): Utah Code § 78B-15-109. Limitation on recovery from the obligor.…

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2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation

2019 UT App 104 - Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District…

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2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…

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Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

Nebeker v. Orton - 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District…

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2019 UT App 83 – Nave Free v. Free – modification of child support

2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019…

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New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in…

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New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

New laws from 2019 Utah Legislative Session - Section 30-3-34 - "best parent"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…

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How can I get a divorce if I don’t know where my spouse is?

If I'm married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don't know where my spouse is?…

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The Difference Between a Case Dismissed “with Prejudice” and a Case Dismissed “without Prejudice”

I'm going to explain confusing and counter intuitive legalese by explaining the meaning of case dismissed "with prejudice" versus "without prejudice." These are the formal legal terms for the different…

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