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

Divorce Utah
Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Law, Equity, Family Law, Finances, Modification of Child Support
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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…
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Law from a legal assistant’s point of view, week 38: Arb-med, part II

Divorce Utah
Arbitration, Divorce, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law, Finances, Hiring a Divorce Lawyer, Lawyers, Legal Assistant, Legal System, Mediation
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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…
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Why are child support and custody attorneys so expensive?

Divorce Utah
Best Interest of the Child, Child Custody, Custody, Divorce, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Preparedness, Divorce Procedure, Finances, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Judges, Justice and Equity, Lawyer Fees, Lawyers
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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…
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Which is the best matrimonial site in the USA with a free trial?

Divorce Utah
Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law, Finances, Lawyers, Legal System
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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…
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Does Utah ORS collect childcare by garnishing a paycheck?

Divorce Utah
Child Care Costs, Divorce Costs, Finances, ORS (Office of Recovery Services), Utah, Utah Code, Utah Court Rules, Utah Law
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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 |…
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Should I use free family law resources?

Divorce Utah
Divorce Law, Divorce Lawyers, Family Law, Finances, Lawyers, Legal System, Preparing for Divorce, Pro se (representing yourself), Uncategorized
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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…
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My spouse owes me child support, but we are both almost homeless.

Divorce Utah
Child Support, Child Support Enforcement, Child Support Modification, Court Orders, Court Rules, Divorce Costs, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Women's Divorce Issues
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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…
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Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

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

Divorce Utah
Appeal, Assets/Debt/Property, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Separate Property, Separation, Spouse's Business, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues
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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…
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Does greed also have a role in most divorce cases?

Divorce Utah
Alimony and Support, Attorney Fees, Divorce, Divorce Fears, Divorce Law, Family Law, Finances, Hiring a Divorce Lawyer, Preparing for Divorce, Uncategorized
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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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Law from a legal assistant’s point of view, week 18

Divorce Utah
Divorce Attorneys, Divorce Law, Divorce Lawyers, Finances, Lawyers, Legal Assistant, Legal System
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Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal assistant to a divorce attorney has given me the opportunity…
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Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Divorce Utah
Alimony and Support, Business Valuation, Child Support, Child Support Calculation, Children in Divorce, Court Orders, Court Rules, Debts, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Mothers' Divorce Issues, Pension, Personal Property, Preparing for Divorce, Property Division, Separate Property, Spousal Support, Spouse's Business, Taxation
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Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal assistant to a divorce attorney has given me the opportunity…
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Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

Divorce Utah
Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law
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In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have used this method of paying child support and accounting for…
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If the father got the child custody, will the mom pay for child support?

Divorce Utah
Child Custody, Child Support, Child Support Calculation, Court Rules, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Finances, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Utah Law, Women's Divorce Issues
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In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other parent, the parent awarded less custody is going to pay…
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Law from a legal assistant’s point of view, week 11: Something for nothing?

Divorce Utah
Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Finances, Legal Assistant, Legal System
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By Quinton Lister, Legal Assistant Giving without expectation is one of the hardest things to do in this life. I often wonder in our capitalistic society why it is so important to do things for others with the expectation of…
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What questions do people ask about divorce?

Divorce Utah
Alimony and Support, Attorney Fees, Child Custody, Child Support, Child Support Calculation, Custody, Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law, Fathers' Divorce Issues, Finances, Lawyer Fees, Lawyers, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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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…
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Why do I pay the child support knowing my kids are living in other countries?

Divorce Utah
Alimony and Support, Child Care Costs, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Custody, Divorce, Divorce Costs, Family Law, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Rights, Traveling with Children, Women's Divorce Issues
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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…
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How do I get free legal advice from a family law attorney on the custody of my 2 nieces?

Divorce Utah
Attorney Fees, Child Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Finances, Lawyer Fees, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Women's Divorce Issues
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In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe they can’t) who need legal advice or assistance. There are…
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