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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…

Why is a lawyer charging me $1,500 for a court order?

November 22, 2021

Court Orders, Finances, Firing a Divorce Lawyer, Lawyer Fees, Lawyers

attorney, attorney fees, court order, lawyer, lawyer fees, legal fees, overcharged

I do not know. Ask your lawyer. And ask sincerely. Feel free to be frank, but ask sincerely. If his/her answer does not make sense (and you’re being honest with yourself and not trying to act as though you don’t…

Law from a legal assistant’s point of view, week 18

November 16, 2021

Divorce Attorneys, Divorce Law, Divorce Lawyers, Finances, Lawyers, Legal Assistant, Legal System

attorney, divorce, divorce law, family law, financial declaration, initial disclosures, law, law practice, legal assistant, work

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…

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

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…

Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

October 18, 2021

Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law

banking, Child Support, divorce finance, divorce law, family law, funds, Utah law

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…

If the father got the child custody, will the mom pay for child support?

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…

Law from a legal assistant’s point of view, week 11: Something for nothing?

September 28, 2021

Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Finances, Legal Assistant, Legal System

divorce, divorce lawyers, economics, fees, legal assistant, legal economics, legal practice, money

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…

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…

How do I get free legal advice from a family law attorney on the custody of my 2 nieces?

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…

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…

I was awarded joint equal custody of my children, but in practice I have them with me more. Their mother’s income is at least equal to (if not greater than) mine. Could I be entitled to child support?

This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction where I practice divorce and family law. In many jurisdictions,…

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It is possible to get an agreement like a prenuptial agreement…

My spouse opens accounts in my name, forges my signature. How to stop it?

My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my name, steals my checks, forges my name on my checks…

I paid my ex in cash for child support. Will the court give me credit for it?

I paid my ex in cash for child support. Will the court give me credit for it? In Utah (where I practice family law), the answer is: yes. And while I cannot speak for all jurisdictions, I would presume that…

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

May 11, 2021

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…

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…

Financial infidelity plagues many households, led by millennials

Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman’s Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make smarter financial decisions. While we adhere to strict editorial integrity, this…

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