Alimony and Support Archives

What questions do people ask about divorce?

The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What is your retainer amount?” “If my spouse and I agree…

Why do I pay the child support knowing my kids are living in other countries?

Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they still require financial support. Simply living in another country or…

Considering the high cost of child support, does anyone believe that the non-custodial parent is obligated to pay too much for the child’s care? When in a lot of cases where there is split time, one parent is still custodial.

Child support in the jurisdiction where I practice divorce and family law (Utah) is, in my experience and estimation, not too high or too low. I’ll explain (in basic terms) why I see it that way: First, let’s assume a…

2021 UT App 77 – Miner v. Miner – alimony, attorney fees

2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court, St. George Department The Honorable Jeffrey C. Wilcox No. 174500373 …

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

Can I file for divorce and spousal support after being separated from my husband for 5 years?

This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don’t need financial support from your spouse. Contrastingly, if for the past five years you have…

What would happen if there were no alimony or splitting assets in divorce without kids?

May 11, 2021

Divorce Utah

Alimony and Support, Best Interest of the Child, Children in Divorce, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Pension, Personal Property, Retirement Benefits, Spousal Support, Spouse's Business, Termination of Alimony, Women's Divorce Issues

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That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated by a “what’s in it for me?” basis is likely…

If an ex uses illness to stop working, can she get more alimony?

If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than he/she would have received in the absence of the debilitating…

Why is child support and alimony rooted in revenge, power, and humiliation?

Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: “Why is child support and alimony rooted in revenge, power, control, and humiliation over the father instead of support for the child?” This is…

If an ex uses illness to stop working, can she get more alimony?

If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than he/she would have received in the absence of the debilitating…

Allen v. Allen – 2021 UT App 20 – custody, alimony, child support

March 1, 2021

Divorce Utah

Alimony and Support, Child Custody, Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

alimony, child custody, Child Support, contempt, custody, spousal support, Utah Court of Appeals

Allen v. Allen – 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No. 20190369-CA Filed February 25, 2021 Third District Court, Salt Lake…

Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

What to do before a divorce, if you’re not in the wrong

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event

2020 UT App 141 – THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 164400963 Aaron R.…

Do I owe my spouse of just a few months anything in divorce?

October 7, 2020

Divorce Utah

Alimony and Support, Coping With Divorce, Court Orders, Divorce Costs, Divorce Fears, Divorce Preparedness, Marital Debts, Marital Estate, Marital Property

alimony, debt, marriage of short duration

When a young couple divorces after only a month of marriage, should there ever be an expectation that one party owes anything to the other, even if they lived with one set of parents and never had their own place?…

2020 UT App 93 – Utah Court of Appeals – termination of alimony

September 24, 2020

Divorce Utah

Alimony and Support, Termination of Alimony

alimony, default judgment, motion to set aside default, Rule 60(b), termination of alimony

2020 UT App 93 THE UTAH COURT OF APPEALS KELLEY ANNE SOMER, Appellant, v. ERIC JOHN SOMER, Appellee. Opinion No. 20190293-CA Filed June 11, 2020 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie, No. 134900325 Carolyn Perkins, Attorney…