When Does Child Support End Under Utah Law? Once a Child Reaches Majority? Sooner? Later?

This question perennially arises at graduation time, and it’s graduation time when I write this post. Unless your Utah-issued decree of divorce contains provisions for child support that deviate from…

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How Are Jurors Typically Selected for Divorce and Custody Cases in Utah?

Divorce cases are not tried to a jury in any state except one: Texas. In all other states, including Utah, divorce and child custody cases are tried to the bench,…

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If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?

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…

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Today’s blog post reviews House Bill 134 (HB0134 (utah.gov)), entitled “Marriage Modifications”.

It addresses the validation and recognition of a marriage regardless of the race, ethnicity, or national original of the parties to the marriage, and would repeal a current provision in…

Continue ReadingToday’s blog post reviews House Bill 134 (HB0134 (utah.gov)), entitled “Marriage Modifications”.

Do you think the child support laws in your state are fair? If no, then describe the changes that you would make.

I can’t speak for all jurisdictions, but in the jurisdiction where I practice divorce and family law (Utah), child support awards are generally, in my opinion, 1) too high, 2)…

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The Problem with Private Guardians ad Litem. Part 2 of 3

As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…

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Does the Utah Constitution protect abortion rights?

Read this article to learn about how the Utah Supreme Court is hearing arguments about elective abortions in Utah and which rights are protected in the state. ; https://www.sltrib.com/news/politics/2023/08/08/does-utah-constitution-protect/

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I Bought a House, Then Got Married. Me and My Partner Then Divorced. Can She Take the House? This Is in NY.

I am not licensed to practice law in the state of New York, but I will answer your question according to the law of the jurisdiction where I do practice…

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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…

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When are my ex’s things deemed abandoned?

I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned?  Utah Code § 67-4a-201 provides,…

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What are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…

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If you get a divorce but everything is in your name, do you have to split it?

If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it?  I will answer your question in…

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Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all?   Generally,…

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Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …

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Do both parties have to sign the paperwork for a divorce to be granted?

Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…

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Duffin v. Duffin – 2022 UT App 60

2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department…

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Law from a legal assistant’s point of view, week 44: Mountains

By Quinton Lister, legal assistant  One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…

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In a divorce, should children live with their favorite parent?

I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…

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How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…

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Our agreement says no child support, can my ex ask for it anyway?

Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit…

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Does Utah ORS collect childcare by garnishing a paycheck?

Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No.   ORS does and cannot collect…

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What is the basis for everything I have to do for my Utah divorce case?

What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask…

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Sanders v. Sanders – 2021 UT App 122

2021 UT App 122  THE UTAH COURT OF APPEALS  KRISTINE L. SANDERS, Appellee,  v. TRAVIS JAMES SANDERS, Appellant.  Opinion  No. 20200618-CA  Filed November 12, 2021  Third District Court, Salt Lake Department  The Honorable Todd M. Shaughnessy …

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What are the divorce laws in Utah?

I don’t want to appear immodest, but honestly, my book is probably the best source in one volume:  https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782  You can also find the laws governing Utah divorce and family…

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Why Not Have the Judge Interview the Children About Child Custody?

Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…

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What would happen if an individual gets a second job after child support has been determined?

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back, or would it change anything? In…

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Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020

Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020: Second District NOTICE REGARDING DOMESTIC CASES AND COVID-19 As commissioners in the Second District Court, we anticipate…

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