Alimony and Support Archives

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…

Unique challenges for men and women face in divorce and child custody

September 16, 2020

Divorce Utah

Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

alimony, child custody, Domestic Violence, men, protective order, restraining order, stalking injunction, unique challenges, women

The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past 23 years in the practice of divorce and family law.…

Do you flee the country to avoid alimony? Or do you happily comply?

August 27, 2020

Divorce Utah

Alimony and Support, Modification of Alimony, Termination of Alimony

alimony, comply, flee the country, grudgingly, happily, modify, motion, move, pay, petition, terminate

Do you flee the country to avoid alimony? Or do you happily comply? First, let’s discuss the “option” of fleeing the country to avoid paying alimony. It’s not really an option unless you consider obeying the law optional. In one…

New Developments in Utah Law Governing Termination of Alimony

August 3, 2020

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Preparedness, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, Scott v. Scott, terminating alimony, termination of alimony, Utah Supreme Court

New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The ex-wife claimed that her relationship with her post-divorce boyfriend did…

Scott v. Scott – 2020 UT 54 – termination of alimony

July 31, 2020

Divorce Utah

Alimony and Support, Utah Code, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, terminating alimony, termination of alimony, Utah Supreme Court

This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 54 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Appellant, v. BRADLEY SCOTT, Appellee. No. 20180210 Heard March 11, 2020 Filed July…

Retirement now a potential ground for modifying alimony

June 25, 2020

Divorce Utah

Alimony and Support, Utah Code, Utah Law

alimony, foreseeable, modify, petition, retirement, substantial material change in circumstances, Utah Code § 30-3-5(10)(b)

Retirement now a potential ground for modifying alimony award In the 2020 legislative session the Utah State legislature amended the Utah Code to provide that “regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material…

New Law: Collection Fees for Unpaid Child Support and Alimony

June 24, 2020

Divorce Utah

Alimony and Support, Child Support, Child Support Enforcement, Utah Code, Utah Law

40%, alimony, Child Support, collection fees, contingency, delinquent, unpaid alimony, unpaid child support, Utah Code section 30-3-3.5

New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that a court shall now impose a collection fee to pay…

Can you legally allow a relative to live in a property you own, rent-free, for years?

April 23, 2020

Divorce Utah

Alimony and Support, Child Support, Marital Debts, Spousal Support

allow, financial declaration, free rent, legal, live, own, relative, rent-free, reside

Can you legally allow a relative to live in a property you own, rent-free, for years? Today’s question is (and I’m serious, it’s a real question from a real person; I didn’t make this up): Can you legally allow a…

Why doesn’t marriage come with a guarantee?

March 26, 2020

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation

guarantee, marriage, marriage guarantee

Why doesn’t marriage come with a guarantee? It does, in a manner of speaking, but they are guarantees that few are willing to honor or enforce. An example of a guarantee (of sorts*) in divorce is alimony. The idea behind…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

Redden v. Redden – 2020 UT App 22 – findings, alimony, ability to pay

February 18, 2020

Divorce Utah

Alimony and Support, Findings of Fact and Conclusions of Law

ability to pay, abuse of discretion, alimony, auto loan, credit cards, expenses, findings of fact, student loans

2020 UT App 22 – THE UTAH COURT OF APPEALS DEBBIE ANN REDDEN, Appellee, v. SPENCER DEAN REDDEN, Appellant. Opinion No. 20180852-CA Filed February 13, 2020 Third District Court, Salt Lake Department The Honorable Robert P. Faust No. 164907729 Douglas…

What if I make my last alimony payment in pennies?

January 28, 2020

Divorce Utah

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…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

2019 UT App 147 – McQuarrie v. McQuarrie – termination of alimony

September 3, 2019

Divorce Utah

Alimony and Support, Men's Divorce Issues, Settlement, Spousal Support, Termination of Alimony, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

termination of alimony, Utah Code Ann. § 30-3-5(10), Utah Code Ann. § 30-3-5(9)

2019 UT App 147 – McQuarrie v. McQuarrie THE UTAH COURT OF APPEALS MELVIN C. MCQUARRIE, Appellant and Cross-appellee, v. JANETTE COLLEDGE MCQUARRIE, Appellee and Cross-appellant. Opinion No. 20170956-CA Filed August 29, 2019 Third District Court, Salt Lake Department The…

What is the easiest way to request alimony in a divorce?

August 16, 2019

Divorce Utah

Alimony and Support, Fault, Men's Divorce Issues, Spousal Support, Women's Divorce Issues

ability to pay, accustomed during the marriage, alimony, divorce, easiest way, fault substantially contributed to the breakup of the marriage, financial support, maintain, need, request alimony, standard of living, Utah, Utah Code § 30–3–35(8)(c)

In my jurisdiction (Utah) it would be as easy as making the request in the complaint for divorce, i.e., “Petitioner requests that he/she be awarded alimony.” If by your question you mean to ask, “What is the best argument for…