| Eric K. Johnson, Attorney Utah Family Law, LC 801-450-0183 - Se Habla Espanol eric@divorceutah.com |
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CONTACT ERIC
* Q: Can I terminate paying child support if my ex-spouse is withholding parent-time or visitation from me? A: No. The policy is that even if a parent withholds parent-time, it only hurts children worse to lose financial support for something that is not the fault of the children ... * Q: What is “no-fault” divorce, and does it exist in Utah? A: It used to be that the only way you could get a divorce was if your spouse was “at fault.” No-fault divorce means that you can get a divorce without having to show your spouse is at fault. The majority of divorces are now no-fault divorces. * Q: When parents dispute child custody what standards apply in Utah to determine the child custody award? A: Where there is a disputed between parents over child custody, the court decides the issue. Custody awards are based on the “best interests of the child” standard ... * Q: How is child support calculated? A: Child support includes three components: a monthly monetary payment for reguar monthly expenses such as food, clothing and shelter, and other daily and monthly needs or expenses, healthcare (medical, dental, and hospital insurance), and child care expenses. |
From the Huffington Post: http://www.huffingtonpost.com/henry-gornbein/what-makes-a-good-family-_b_1231868.html By HENRY GORNBEIN What Makes a Good Family Court Judge? Posted: 01/27/2012 12:25 pm - http://www.huffingtonpost.com/henry-gornbein/what-makes-a-good-family-_b_1231868.html In over forty years of practicing family law, I have appeared before hundreds of different judges. I have found that some are rude, arrogant, and suffer from what is known as black robe syndrome. This means [...] “This is a Court of Law, Young Man, Not a Court of Justice.” This is a quote long attributed to U.S. Supreme Court Justice Oliver Wendell Holmes, [...] Confused about your Utah child support payment obligations? Here’s a quick [...] Does the Utah Constitution Help or Hurt You in Divorce? This is the first of at least two blog postings we will be writing on the subject of Utah family law and the Utah [...] Who can claim the children as a tax exemption if the Decree of Divorce is silent on the [...] How to Prepare (or Not Prepare, as the Case May Be) for an Abysmally Failed Divorce Mediation
1. Prior to mediation don’t think about what you are willing to settle for. Don’t attempt to take the other party’s side into consideration. Instead, focus solely on getting everything that you want, irrespective of objective fairness [...] This blog posting comes in response to my request of Ron Aguilar of Utah Home Equity Specialist. About five years ago, home equity was an asset divided in divorce but today the home may be more of a liability. Both parties may be disappointed to realize that despite making payments [...] Demanding sole custody of children in every case, with the intent to gain negotiating leverage, is wrong on many levels. This “used car salesman” approach is simply inapt in child custody [...] Temporary Orders hearings in Utah divorce actions are historically done through “proffer of testimony.” Proffer occurs when an attorney simply states what a client or other witness would say if the witness were called to testify orally. Otherwise stated, hearings by proffer consist of pure hearsay.[1] The attorney gets to stand at the rostrum and can say almost anything he wants. The opposing attorney doesn’t have the chance to cross examine, or to ask follow up questions (and how could she?; there is no witness to question in the first place). Instead, the opposing attorney stands up and tries to tell another story that seems more impressive, spinning the truth in a more favorable light. As you can imagine, this can quickly turn into a vicious circle of tall tale-telling oneupsmanship. As there is no cross-examination, less honorable attorneys will outright lie and make things up on the spot. These stories are deciding the temporary and possibly permanent physical custody of your children, alimony, responsibility for debt, etc. See the [...] Many times we get calls and e-mails at Utah Family Law, LC from people who are unhappy with their divorce decrees and other court orders. They then ask, “Can I appeal the court’s order(s)?” Some people think that if you’re unhappy with a court order you can “simply” file an appeal, go back to court and get a second bite at the apple. Unfortunately, no such process exists. Here is a recent Utah Court of Appeals decision that may help explain the appeals process in plain English (although this decision is a public record, the names of the parties are omitted to protect the parties’ privacy a little [...] |
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Utah Divorce Attorney - Eric K. Johnson - Utah Family Law, LC 2666 South 2000 East, Ste 107 Salt Lake City, Utah 84109 - Telephone: (801) 450-0183 - Fax: (801) 820-3181 - eric@divorceutah.com Copyright © 2012 Eric K. Johnson - All Rights Reserved | Sites by Sara Web Design | Site Map | Privacy | Terms of Service | Legal Advice Disclaimer |
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