Blog - Divorce Utah

Do you pay tithing on child support?

May 27, 2022

Child Support, Divorce, Divorce Costs, Divorce Fears, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Child Support, child support award, church, Church of Jesus Christ of Latter-Day Saints, divorce, divorce finances, divorce orders, increase, tithing

Nothing is more frustrating to a sincere Christian than to ask the question, “Should I pay tithing on child support money I receive as a parent?” and to receive this kind of response: “It’s between you and the Lord.” While…

What will the court do if I do not pick up a letter my ex husband sent?

What will the court do if I do not pick up a letter my ex husband sent that needs to be signed by me from the courts about his back court ordered alimony of 20,000.00 that he is in default…

Can you go back to your ex-spouse after a divorce?

May 25, 2022

Divorce Utah

Divorce, Divorce Fears, Divorce Law, Divorce Procedure, Family Law

amicable divorce, divorce, ex-spouse, husband and wife, marriage, re-marriage, romance

Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a romantic relationship or from remarrying. Utah Family Law, LC |…

Law from a legal assistant’s point of view, week 46

May 24, 2022

Divorce Utah

Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Preparedness, Family Law, Justice and Equity, Lawyers, Legal Assistant, Legal System

clients, law, law clerk, law practice, lawyer speak, legal assistant, legal secretary, legalese, relationships

Law from a legal assistant’s point of view, week 46: Simplify, but do so Elegantly By Quinton Lister, legal assistant As a legal assistant to a divorce attorney, I find that one of the most difficult things to do in…

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 194905732 Mary C.…

How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not legally your fight. You should certainly share your observations…

Is it wrong for a parent to go to their adult child for emotional support?

May 19, 2022

Divorce Utah

Divorce, Divorce Law, Emotional abuse, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Women's Divorce Issues

boundaries, child, child-parent relationship, co-dependency, divorce, emotional abuse, emotional health, parents

Is it wrong for a parent to go to their adult child for emotional support concerning the parent’s marriage? I am a divorce and family lawyer and a parent, but I am not a mental health professional. That doesn’t mean…

Is appointing a guardian ad litem helpful in custody cases?

Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah, where I practice divorce and family law. Each jurisdiction will…

Law from a legal assistant’s point of view, week 45

By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of a job”, but that still does not mean I have…

What should I tell my lawyer who says that a motion to dismiss is not real?

May 16, 2022

Divorce Utah

Court Orders, Court Rules, Judges, Lawyers, Legal System, Uncategorized

attorney, court, court orders, court rules, file, judges, law, lawyer, legal practice, motion, motion to dismiss

What should I say to my lawyer who told me that a motion to dismiss isn’t really a thing so we cannot file one? It may be that a motion to dismiss is in fact not possible (not permitted by…

What are the chances of a mother getting full custody?

In my experienced opinion: If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of a mother winning full custody of the children are always…

How will it affect children to switch schools every other school year?

How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not well. Think about your own experience as a child. Did…

If both parents are wonderful, will the court still favor the mother?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about “what happened to me in my divorce” as I am…

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 of the state. I grew up in Colorado where there…

How does being a child of divorce change the way you approach marriage?

May 9, 2022

Divorce Utah

Children in Divorce, Divorce, Family Law, Parentage

adversity, attitude, children of divorce, dating, divorce, marriage, mindset, outlook, response, trauma

I saw something on Facebook recently that is applicable here. Two brothers had followed divergent paths into adulthood. One was a lonely alcoholic bum. The other was a successful and respected family man. When asked how he came to his…

What should the child support award be if my ex makes $1,200 per week?

Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I can answer this question in the context of Utah law,…

What if your client gets custody when they should not have, due to you?

What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word for those who do such things, who compromise their principles,…

What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never actually has such evidence to consider. In Utah (where I practice divorce…

Law from a legal assistant’s point of view, week 43: Law Offices

May 3, 2022

Divorce Utah

Divorce, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal Assistant, Legal System

assistant, attorneys, law clerk, law office, law shark, legal assistant, legal eagle, legal secretary

By Quinton Lister, legal assistant One thing that I have noticed in my time as a legal assistant to a divorce attorney is that most law offices are difficult to work with compared to our office. I am not saying…

What is a CMA?

May 2, 2022

Divorce Utah

Divorce, Divorce Law, Equitable Interest, Family Law, Finances, Utah, Utah Code, Utah Law

CMA, family finances, finances, home, real estate, real estate law, Utah real estate, valuation

This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a property, usually a residential home. The basic concept is that…