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 §…
Do experts help in divorce cases? Specifically custody evaluators? That depends on how you define “help,” and if you define “help” as “dramatically improve your chances of success,” then generally…
2018 UT App 53 THE UTAH COURT OF APPEALS JACQUELINE E. CHRISTENSEN, Appellee, v. JOHN D. CHRISTENSEN, Appellant. Opinion No. 20151084-CA Filed March 29, 2018 First District Court, Logan Department…
What would be an effective course of action to address parental alienation? Is there an area of law that intervenes in these cases? First, I’ll tell one of the most ineffective courses…
The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes? Here’s the answer as it applies under Utah…
What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The…
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…
In which developed country is there equal rights for moms and dads in child custody cases? What an astute question (whether you realize it fully). I live in the United…
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…
Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
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…
Some people are hesitant, even scared, to talk to a divorce lawyer or a family lawyer. But being nervous or afraid of making a mistake is normal. And wise. Hiring…
2018 UT App 19 THE UTAH COURT OF APPEALS LYNESSA MICHELLE ANDERSON, Appellee, LOREN PRICE ANDERSON, Appellant. Opinion No. 20160507-CA Filed February 1, 2018 Fourth District Court, Provo Department The…
If you've been following my blog on the subject of these attorney "honors" and "distinctions" and "certifications," then you know that they are a for-profit enterprise, which is why I…
What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation…
2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul…
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
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…
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 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 Don't let the it get the best of you! Why is it that people who seemed to be fairly rational…
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…
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 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…
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…
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 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…
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 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. Unfortunately, I wouldn't be the least bit surprised if Utah…
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…
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…
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 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 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
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 THE UTAH COURT OF APPEALS GEOFFREY S. RULE, Appellee, v. RICHELLE RULE, Appellant.…
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 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July…
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…
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? Nothing in Utah law prohibits a parent against whom a protective order…
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? 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? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…