Family Law Archives

Artificial Fraudulence

May 26, 2023

Coping With Divorce, Evidence, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Utah Law, Women's Divorce Issues

abuse, action, assets and debt, audio, authenticity, biased, concerned, deepfakes, diminution and dissipation of assets, discern, duped, email, evidence, fake, fakery, family law, fraud, genuine article, impossible, indistinguishable, infidelity, innocent, invent, judge, judges, justice, legal process, legitimate concerns, level, liars, lies, litigants, meaningless, mockery, offended, opposing counsel, outraged, paranoid, persecuting, pervasively, process, profession, proof, property damage, protect, proud, reality, records, ridiculed, scientific data, Seth Godin, shaming, sincerity, society, spread, substance abuse, surprise, system irreparably, tactics, technology, text, trust, truth, understanding, unprofessional, veracity, verify, vexatious litigator, visual, volume, whistleblower

Seth Godin stated it well when he wrote, “The ease with which someone can invent and spread lies [with advancing technology] is going to take most of us by surprise. It’s going to require an entirely new posture for understanding…

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex’s lawyer lied about me bringing it to him when I had a witness with me? What you can or should…

Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award

Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in bankruptcy. It appears that is no longer true (if ever…

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA Filed March 23, 2023 Sixth District Juvenile Court, Manti Department…

Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support

2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100713 Sara Pfrommer, Ronald D.…

Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity

2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20, 2023 On Certiorari to the Utah Court of Appeals Third…

What Are the Reasons That a Request for a Temporary Order Be Denied in a Family Court Case?

April 13, 2023

Divorce Utah

Divorce, Evidence, Family Law

family court, temporary order, temporary order denial

There can be many reasons, but it should all comes down to one or more of these most basic reasons: The motion for temporary orders does not have valid grounds in the law (in other words, the law does not…

If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?

April 7, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Family Law, Grandparent rights, Parent Time, Utah Law

child custody, Grandparents rights

I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where I practice divorce and family law, which includes a great…

State In Interest of B.W. – 2022 UT App 131

State In Interest of B.W. – 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years of age. H.W., Appellant, v. State of Utah, Appellee. No.…

Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules

2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 124100133 Cassie J.…

In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

March 15, 2023

Divorce Utah

Abuse, Appeal, Child Abuse, Child Custody, Child Neglect, Court Orders, Custody, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. B.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220051-CA…

In re K.K. – 2023 UT App 13

March 14, 2023

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Neglect, Court Orders, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Uncategorized, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. D.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220050-CA…

U.S. Marriage and Divorce Statistics

March 10, 2023

Divorce Utah

Abuse, Adultery, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Child Support, Children in Divorce, Custody, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Fault, Finances, Grounds for Divorce, Infidelity, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Separation, Settlement, Substance Abuse, Visitation, Women's Divorce Issues

Contributing factors to divorce, Divorce and political affiliation, Divorce effects on children, divorce rate in the United States, Divorce rates by addiction & mental health, Divorce rates by age, Divorce rates by education level, Divorce rates by ethnicity, Divorce rates by financial stability, Divorce rates by gender, Divorce rates by generations, Divorce rates by occupation, Divorce rates by religion, Divorce rates by social media, Divorce rates for interracial couples, Divorce statistics by state, How close friends or family impact divorce rates, How coworkers can increase divorce rates, How divorce affects couples with kids, How parents’ relationships affect divorce rates, Impact of divorce on child custody and child support., Military divorce rates, Same-sex divorce rates, The financial impact of divorce, Top divorce statistics you should know, What are the most common reasons for divorce?, Where you met

My name is Stephanie from flingorlove.com and honestly, I usually wouldn’t bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics and put it all together in a massive blog post…

Mintz v. Mintz – 2023 UT App 17

March 10, 2023

Divorce Utah

Alimony and Support, Appeal, Assets/Debt/Property, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Fault, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Procedure and Evidence, Property Division, Spouse's Business, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

¶ 11, ¶ 14, ¶ 15, ¶ 16, ¶ 2, ¶ 21, ¶ 46, ¶ 48, ¶ 5, ¶ 53, ¶ 57 n.8, ¶ 58 n.8, ¶ 8, 1166 (Utah Ct. App. 1997), 1170 (Utah Ct. App. 1990), 1211 (Utah Ct. App. 1991), 127 P.3d 1224, 131 P.3d 872, 141 P.3d 618, 145 A.3d 709, 1999 UT 86, 200 P.3d 223, 2001 UT App 157, 2003 UT App 357, 2005 UT App 518, 2006 UT App 301, 2006 UT App 75, 2009 UT App 10, 2009 UT App 233, 2011 UT App 41, 2012 UT App 373, 2014 UT App 26, 2017 UT App 133, 2017 UT App 137, 2019 UT 16, 2019 UT 61, 2019 UT App 114, 2020 UT App 141, 2021 UT App 77, 2022 UT App 47, 217 P.3d 733, 223 (Utah 1976); see also Allen Distrib., 232 (N.C. Ct. App. 2000), 248 P.3d 65, 294 P.3d 591, 321 P.3d 200, 402 P.3d 153, 402 P.3d 34, 445 P.3d 395, 449 P.3d 202, 452 P.3d 1134, 476 P.3d 145, 496 P.3d 242, 509 P.3d 265, 509 P.3d 265; Miner v. Miner, 534 S.E.2d 230, 536 (Iowa Ct. App. 2018), 554 P.2d 220, 604 P.2d 938, 689 (Utah 1939), 716 (N.J. Super. Ct. App. Div. 2016), 739 P.2d 83, 799 P.2d 1166, 80 P.3d 153, 806 P.2d 1209, 84 (Utah Ct. App. 1987), 87 P.2d 686, 908 N.W.2d 524, 934 P.2d 1164, 940 (Utah 1979), 993 P.2d 191, abuse of discretion, affirm, alimony, appeal, B.L. Key, Bakanowski v. Bakanowski, Bjarnson v. Bjarnson, book of business, Brady v. Park, Bryant v. Bryant, Burt v. Burt, Cheves v. Williams, circumstances, comforts, Cowley v. Porter, customary, dissipation of marital estate, divorce, Dobson v. Dobson, Eberhard v. Eberhard, employer asset, essential, Gardner v. Gardner, Holt v. Industrial Comm’n, Howell v. Howell, In re Marriage of Stenzel, Inc. v. Industrial Comm’n, Inc. v. Utah State Tax Comm’n, infidelity, investment accounts, Kemp v. Kemp, Kidd v. Kidd, Kimball v. Kimball, Knowles v. Knowles, Leppert v. Leppert, Lombardi v. Lombardi, luxuries, maintaining, minimum, Mintz v. Mintz - 2023 UT App 17, Mitchell v. Mitchell, n.1, National Advert. Co. v. Murray City Corp., necessities, Ortiz v. Crowther, proper status, property distribution, remand, reverse, Rule v. Rule, standard of living, Talley v. Talley, Utah law, Valentine v. Farmers Ins. Exch., Youth Tennis Found. v. Tax Comm’n

Mintz v. Mintz – 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed February 9, 2023 Third District Court, Silver Summit Department The…

In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity

March 9, 2023

Divorce Utah

Appeal, Court Orders, Court Rules, Family Law, Juvenile Court, Parental Rights, Procedure and Evidence, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law

voluntary declaration of paternity

In re J.E. – 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January…

Myers v. Myers 2023 UT App 20 – Alimony Modification

March 8, 2023

Divorce Utah

Alimony and Support, Coping With Divorce, Court Orders, Dirty Tricks, Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Judges, Legal System, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Mothers' Divorce Issues, Procedure and Evidence, Termination of Alimony, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

¶ 11, ¶ 14, ¶ 19, ¶ 27, ¶ 28, ¶ 30, ¶ 31, ¶ 42, ¶ 6, ¶ 7, ¶ 8, ¶ 9, ¶¶ 14–15, 1075 (Utah 1985), 1999 UT App 12, 1999 UT App 219, 1999 UT App 41, 2003 UT App 357, 2004 PA Super 37, 2014 UT App 204, 2014 UT App 211, 2017 UT App 150, 2017 UT App 155, 2018 UT App 175, 2018 UT App 189, 2018 UT App 22, 2018 UT App 75, 2019 UT App 207, 2021 UT App 77, 2022 UT App 36, 2022 UT App 88, 2023 UT App 20, 334 P.3d 994, 335 P.3d 378, 402 P.3d 219, 405 P.3d 749, 412 (Utah 1977), 414 P.3d 1023, 424 P.3d 1113, 436 P.3d 294, 437 P.3d 411, 456 P.3d 1159, 496 P.3d 242, 508 P.3d 612, 515 P.3d 481, 565 P.2d 409, 566 (Utah 1985), 700 P.2d 1072, 704 P.2d 564, 80 P.3d 153, 843 A.2d 1247, 973 P.2d 431, 974 P.2d 306, 983 P.2d 1103, ability to pay, alimony, Armendariz v. Armendariz, Barrani v. Barrani, Bukunowski v. Bukunowski, Degao Xu v. Hongguang Zhao, demonstrated need, earning capacity, English v. English, Fox v. Fox, Gerwe v. Gerwe, Jones v. Jones, maximum permissible alimony award, Miner v. Miner, modification of alimony, modifying alimony, Moon v. Moon, Myers v. Myers, need, Nicholson v. Nicholson, Olson v. Olson, Pankhurst v. Pankhurst, Paulsen v. Paulsen, PEEPLES v. PEEPLES, Rehn v. Rehn, Roberts v. Roberts, substantial material change in circumstances, Utah Code § 30-3-5, Utah Court of Appeals, Vanderzon v. Vanderzon, voluntary unemployment, Williamson v. Williamson, Woskob v. Woskob

Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March 2, 2023 Sixth District Court, Richfield Department The Honorable Brody…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules

From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277

Wellman v. Kawasaki – 2023 UT App 11 – Alimony

March 3, 2023

Divorce Utah

Alimony and Support, Appeal, Coping With Divorce, Court Orders, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Findings of Fact and Conclusions of Law, Judges, Men's Divorce Issues, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

¶ 14, 2014 UT App 211, 2015 UT 79, 2021 UT App 77, 335 P.3d 378, 459 P.3d 276, 496 P.3d 242, 700 P.2d 1072 (Utah 1985), Dahl v. Dahl, equalize the standards of living of each party, financial declaration, Jones v. Jones, Miner v. Miner, need must constitute the maximum permissible alimony award, prevent recipient spouse from becoming a public charge, purposes of alimony, Roberts v. Roberts, standard of living that existed during the marriage, statutory alimony factors, supporting] financial documentation, Utah Code § 30-3-5(10), Utah law, Utah R. Civ. P. 26.1(c).

2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable Christine S. Johnson No. 174402919 Mary Deiss Brown, Attorney for…

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Divorce Utah

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…