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2020 UT App 14 – UTAH COURT OF APPEALS – QDRO drafting, rule 60(b)

February 11, 2020

Court Rules, Marital Property, Men's Divorce Issues, Modification of Decree of Divorce, Property Division, QDRO (Qualified Domestic Relations Order), Retirement Benefits, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2020 First District Court, January 24, Judge Thomas Willmore, QDRO, qualified domestic relations order, Rule 60(b)

2020 UT App 14 – THE UTAH COURT OF APPEALS REGGIE ANN PECK, Appellee v. KEVIN SCOTT PECK, Appellant. Opinion No. 20180732-CA Filed January 24, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 094100623 David Pedrazas, Attorney…

2020 UT App 16 – THE UTAH COURT OF APPEALS – lack of jurisdiction

February 10, 2020

Appeal, Child Support Modification, Court Rules, Utah Court of Appeals, Utah Court of Appeals Decisions

2020, 2020 UT App 16, Al-Saleh v. Al-Saleh, final appealable order, January 30, lack of jurisdiction, Patrick Corum, rule 54(b), Third District Court, Utah Court of Appeals, Utah Rules of Civil Procedure

2020 UT App 16 – THE UTAH COURT OF APPEALS NOUR AL-SALEH, Appellee v. ASAAD AL-SALEH, Appellant. Per Curiam Opinion No. 20191013-CA Filed January 30, 2020 Third District Court, Salt Lake Department The Honorable Patrick Corum No. 154905136 Cassandra Elyse…

How does a narcissist continue to fool a family court judge?

February 7, 2020

Dirty Tricks, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Personality Disorders, Witnesses, Women's Divorce Issues

BPD, mental illness, narcissist, NPD

How does a narcissist continue to fool a family court judge? How does a narcissist continue to fool a family court judge? Because there’s almost never a way to prove when anyone engaging in misconduct that is not objectively verifiable.…

Who can claim the kids on income taxes when parents are separated?

February 6, 2020

Child Custody, Children in Divorce, Custody, Taxation

claiming children on income taxes, divorced parents, head of household, irs, irs.gov, separated parents

Is it legal for a parent to claim kids on income taxes if the kids don’t see him or live with him and he doesn’t support them financially (parents are still married but separated for 6 years)? The IRS has…

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how they treat lying. At this point in my career, I…

How can I get my high-conflict ex to violate any terms of our court order?

How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at every opportunity. I have no recourse because he hasn’t broken…

How much does a collaborative divorce cost?

February 3, 2020

Amicable Divorce, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

ADR, alternative dispute resolution, collaborative divorce, collaborative law, cooperative, cost, lucrative, Mark Baer, mediation, money, scam, trendy

How much does a collaborative divorce cost? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience will be a negative one and/or one that cost you…

If you inherit property during your marriage, is your spouse entitled to any?

January 31, 2020

Assets/Debt/Property, Marital Property, Real Estate/Real Property, Separate Property

division, divorce, gifts, inheritance, inheritances, marital property, premarital, premarital property, separate property

Great question. The answer is (for Utah, where I practice divorce and family law), generally, no, your spouse is not entitled to half of property you inherited during the marriage. Here is the answer for the jurisdiction where I practice…

Divorcing parents in psychiatric care deny thoughts of self-harm?

Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts of self-harm for fear that doing so may adversely impact…

Divorce and your mortgage: what to know (guest post)

Divorce and your mortgage: what to know (guest post) “Deciding how to deal with the family home is one of the most important issues to decide upon when there is a divorce,” says Mary Ann Ferreira. “First, there needs to…

What if I make my last alimony payment in pennies?

January 28, 2020

Alimony and Support, Spousal Support

alimony, pay, paying, pennies

What would be the legal ramifications if I make my last alimony payment in pennies? Unless you could prove that the only practicable way you could pay your last alimony payment (which I would imagine would number at least in…

If a mother served 10 years in prison, what rights does she have on release?

January 27, 2020

Grandparent rights, Parental Fitness, Parental Rights

custody, parental rights, prison, release, rights

If a mother who is sentenced to 10 years in prison leaves her children to be raised by their grandmother, has she a right to demand they live with her when she is released? Can the mother demand the children…

Would/did you sign a prenup when you got married?

January 25, 2020

Antenuptial Agreements, Prenuptial Agreements

antenuptial agreements, divorce, divorced, gold diggers, old, prenuptial agreements, wealth, wealthy, why, why not, widow, widower, young

I did not. I generally do not favor young couples marrying for the first time making and signing prenuptial agreements. Here is why: Does signing a prenup change the relationship between a couple? What is the easiest way to convince…

Should all the kids stay with one parent after a divorce? Why or why not?

January 24, 2020

Best Interest of the Child, Child Custody, Custody, Dirty Tricks, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest, child custody, families, joint custody, primary custody, sole custody

I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in all families. For example, if a divorce were precipitated by…

Is bigamy legal in America?

January 23, 2020

America, bigamy, illegal, legal, united states

No, not yet. Why do I state “not yet”? Because now that the right of marriage has been extended to same-sex couples, it’s easy to imagine a logical and legally valid argument for plural marriage. I even think I might…

Can all attorneys refer to themselves as “esquire”?

January 22, 2020

Divorce Attorneys, Divorce Lawyers

abovethelaw.com, attorneys, esquire, lawyers

Yes, but it’s silly. There any many explanations as to why, but this is among the better ones: Get Over Yourself and Stop Calling Yourself ‘Esquire’ Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-all-attorneys-address-themselves-as-Esquires/answer/Eric-Johnson-311

Do lawyers always like the clients they represent?

January 22, 2020

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness

No. Some attorneys will represent anything that pays them, no matter how repulsive they are, some attorneys find themselves stuck with the occasional client they don’t like. Some attorneys claim (but they lie) that whether they like a client has…

2019 UT App 208 – In re E.R. – termination of parental rights

2019 UT App 208 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF UTAH,Appellee. Opinion No. 20190184-CA Filed December 19, 2019 Fourth District…

2019 UT App 204 – In re H.F. incorrect analysis terminating parental rights

2019 UT App 204 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee. Opinion No. 20180348-CA Filed December 12, 2019 Third District Juvenile…

2019 UT App 206 – State v. Alires – ineffective assistance of counsel

January 17, 2020

Child Abuse, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law

2019, 2019 UT App 206, aggravated sexual abuse of a child, constitutionally ineffective, convicted, daughter’s friend, December 19, failing to request jury instruction, remand, six counts, trial counsel, UTAH COURT OF APPEALS State v. Alires, vacate convictions, youngest daughter

2019 UT App 206 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Adam T. Mow No. 171908080 Ann…

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