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MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

Can I file for divorce and spousal support after being separated from my husband for 5 years?

This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don’t need financial support from your spouse. Contrastingly, if for the past five years you have…

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges on the bench who are clearly skilled in the law…

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…

If an ex uses illness to stop working, can she get more alimony?

If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than he/she would have received in the absence of the debilitating…

If an ex uses illness to stop working, can she get more alimony?

If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than he/she would have received in the absence of the debilitating…

Allen v. Allen – 2021 UT App 20 – custody, alimony, child support

March 1, 2021

Alimony and Support, Child Custody, Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

alimony, child custody, Child Support, contempt, custody, spousal support, Utah Court of Appeals

Allen v. Allen – 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No. 20190369-CA Filed February 25, 2021 Third District Court, Salt Lake…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

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,…

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.…

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

April 23, 2020

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

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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…

What if I make my last alimony payment in pennies?

January 28, 2020

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

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 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

Alimony and Support, Men's Divorce Issues, Settlement, Spousal Support, Termination of Alimony, Utah Code, 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

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…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 106, 401(k), alimony, both parties represented by counsel, court, DEIDRE SUE JANSON, discretion, divorce action, enforceable, extrinsic evidence, Honorable Andrew H. Stone, IRA, Jamie Carpenter Attorney for Appellant, JEFFREY ALAN JANSON, June 20, Kara L. Barton and Ashley Wood Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, marital home, meeting of the minds, motion to set aside a written stipulation, No. 164906327, Opinion No. 20170541-CA, pension, preserve an issue for appeal., purpose of considering extrinsic evidence, QDRO, Salt Lake Department, THE UTAH COURT OF APPEALS, Third District Court, to clarify ambiguous terms in the contract, Woodward formula

2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…

Does cohabitation before marriage affect how long alimony is awarded?

March 4, 2019

Alimony and Support, Cohabitation, Common Law Marriage, Spousal Support

alimony, cohabitation, common law marriage, duration of marriage, length of marriage

Does cohabitation before marriage affect how long alimony is awarded? How can cohabitation and marriage be calculated to determine the terms of a divorce judgment? Great question. How long can alimony be awarded? In Utah, where I practice divorce and…

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don’t worry, I’ve removed the names and changed out the details to protect confidentiality. This client asked a lot of questions that frequently come up, so the client’s e-mail…

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