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…
Paragraph 6 of your financial declaration addresses your after-tax income. Your after-tax income is a simple calculation. Take your gross monthly income (calculated in paragraph 4) and subtract your monthly…
Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…
There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…
Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…
Paragraph five of your financial declaration is about the amount of taxes on your monthly income that you pay per month (or what the average monthly deduction from your income…
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…
Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…
Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…
This is an area where the laws differ substantially from jurisdiction to jurisdiction. To know what options may be available to you in your jurisdiction, you need to consult with…
Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…
In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…
Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…
We’ll start with this: The marital estate is generally valued at the time of the divorce decree or trial. Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079. The…
Paragraph two of your financial declaration details the documents that you must attach to your financial declaration (unless they don't exist). It is not optional; they are the documents you are required…
On July 11, 2024, the Utah Court of Appeals issued its decision in the case of State v. Lewis (2024 UT App 96). The appellant, Kevin Lewis (Kevin), appealed his conviction for…
“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…
Did you know that if you are not fluent in English and have a court date coming up, the court will provide you with an interpreter IF you make the…
If you find yourself involved in a Utah divorce action (whether child support will be an issue or not) or an action over the support of minor children in Utah…
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…
I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…
Sure, they need that. It is a great idea. Where there is a demand to be filled, markets arise to fill them. It would be a great benefit to people…
Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…
This question is literally asked on a daily basis. It comes up so often. But that means it’s a burning question. I’ll bet it has been answered literally at least…
An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…
While I am a divorce and family lawyer (licensed in Utah), I do not claim to be an expert on the subject of prenuptial agreements. That stated (and acknowledging that…
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
This is a very hard question to answer honestly and sincerely, though at first blush, it may not appear that way. There are very good reasons to divorce in certain…
Recently, Pat Reavy of KSL.com reported on the murder-suicide of Rebecca Siwale and Stanley Siwale. Rebecca and Stanley were found deceased in their Sandy, Utah home on Saturday, June 8,…
This is a good question and one that often comes up in divorce cases. I cannot speak for the law in all jurisdictions, but as this question applies in the…
You may have the idea that you can leverage his or her favorite or most valued things to get a more favorable outcome in your divorce. Holding property that rightfully…
Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…
This is a great question. Go find a good (a good, not just any) retired divorce attorney (a divorce attorney, not some other kind of attorney who has no idea…
It’s fair. It’s not fair. Frankly, reasonable minds can differ on this question. The governing principle in the USA is still (though it’s subtly and slowly changing) in most jurisdictions…
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
Whether you should be or try to be friends with your spouse after a divorce is a tough question to answer. Many divorced people continue to care about each other…
I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…
First, we need to learn and understand the term for violating a court order. That term is “contempt of court.” In Utah, one commits contempt of court in a civil…
If you want to know your options and have the time to exercise them, then you need to meet with an attorney immediately to find out what the law requires of you,…
The bifurcated inquiry required by Utah law in custody modifications cases where the court must consider whether “there has been a substantial and material change in the circumstances upon which”…
See parent question. I am a divorce lawyer, and after a divorce case ends (meaning a decree of divorce has been issued and case essentially closed), I literally never know…
If you care to know: please don't refer to the numbered paragraphs in divorce and family law cases as anything other than paragraph numbers. ¶ So it's "paragraph 4". Not "section…
Good reasons? Or any and all reasons? In no particular order: The abuse is not bad enough (or perceived as not bad enough) to justify terminating the relationship. Otherwise stated,…
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should…