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Are financial interrogatories relevant in my contempt case?

September 22, 2022

Contempt of Court, Family Law, Finances, Visitation

brother, discovery, family, family law, financial interrogatories, initial disclosures, sister, visitation, visitation rights

Are financial interrogatories relevant in my contempt case against my sister for violating my visitation order? While I’m sure something seeming like an argument could be made for their relevance, it’s hard to imagine such an argument or to imagine…

When do courts value the marital estate?

When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing people’s heart to sink. I’ll tell you why, but first,…

If you get a divorce but everything is in your name, do you have to split it?

If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in the context of the law of the jurisdiction where I…

My estranged father keeps asking me for money, what do I do?

My parents are divorced, my father has no savings, he didn’t work for the entire period of their marriage, we were estranged for a while and now we are back, but now he keeps asking me for money, what do…

Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it’s acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally, no, it is not acceptable. In the jurisdiction where I…

Fox v. Fox 2022 UT App 88 – alimony

Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…

How do I get a quick, cheap divorce?

Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your spouse to make a proposal for a divorce settlement that…

Can you get a post-judgment interest rate higher than the statutory rate?

Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower, stay, or waive statutory interest rate, it does have discretion…

How do you win financially in a divorce?

It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define “winning financially” as: coming away from the divorce action either 1) with as much money and…

How should the child support payment system in the U.S. be changed?

How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known as the child support obligor): tying child support to the…

What is a CMA?

May 2, 2022

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…

Law from a legal assistant’s point of view, week 38: Arb-med, part II

By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be addressing the specific benefits of Arb-med to those who are…

Why are child support and custody attorneys so expensive?

Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly; and is miserable. This is why people with family law…

Which is the best matrimonial site in the USA with a free trial?

March 18, 2022

Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law, Finances, Lawyers, Legal System

attorney, divorce, divorce attorney, divorce law, divorce lawyer, DIY divorce, free legal advice, lawyer

There are many websites with lots of free information that is good. The problem is being able to tell the good content from the bad. This is why, whether you intend to hire a lawyer to handle some or all…

Does Utah ORS collect childcare by garnishing a paycheck?

March 11, 2022

Child Care Costs, Divorce Costs, Finances, ORS (Office of Recovery Services), Utah, Utah Code, Utah Court Rules, Utah Law

child care, child services, Child Support, Office of Recovery Services, ORS, Utah, Utah law

Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect prospectively monthly child care expenses. Utah Family Law, LC |…

Should I use free family law resources?

February 16, 2022

Divorce Law, Divorce Lawyers, Family Law, Finances, Lawyers, Legal System, Preparing for Divorce, Pro se (representing yourself), Uncategorized

divorce law, family law, free legal advice, free resources, legal counsel, legal representation, pro bono, pro se, resources

Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s a bad thing. Should you use free resources exclusively, without…

My spouse owes me child support, but we are both almost homeless.

How do I find assistance if I own a business with a spouse that owes money in child support, yet we are unable to support ourselves and at risk of becoming homeless without the assistance we need? Depending upon your…

Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

January 17, 2022

Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Spousal Support, Spouse's Business, Taxation, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues

appellate case, appellate decision, court of appeals, divorce law, family law, Utah Court of Appeals

2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt Lake Department The Honorable Su Chon No. 104904966 Michael D.…

Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson No. 184700047 Steve S. Christensen and Clinton R. Brimhall, Attorneys…

Does greed also have a role in most divorce cases?

December 3, 2021

Alimony and Support, Attorney Fees, Divorce, Divorce Fears, Divorce Law, Family Law, Finances, Hiring a Divorce Lawyer, Preparing for Divorce, Uncategorized

alimony, alimony payment, divorce, divorce fears, divorce finance, finance, greed

In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some people get a little greedy (a greed born of fear…

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