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Utah Court of Appeals Decisions

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Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony

2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department The Honorable Paige Petersen No. 024906303 David Pedrazas, Attorney for…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

State v. Harvey – 2019 UT App 108 – lay versus expert testimony

2019 UT App 108 – State v. Harvey – lay versus expert testimony 2019 UT App 108 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, V. RANDY LYNN HARVEY, Appellant. Opinion No. 20170733-CA Filed June 20, 2019 Third District…

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, 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…

2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation

2019 UT App 104 – Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District Court, Salt Lake Department The Honorable Su Chon No. 154901171…

In re adoption of B.H. – 2019 UT App 103 – UCCJEA and ICPC

In re adoption of B.H. 2019 UT App 103 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.H., A PERSON UNDER EIGHTEEN YEARS OF AGE.P.H. AND A.D., Appellees, v. C.S., Appellant. Opinion No. 20171038-CA Filed June…

In re C.S. – 2019 UT App 98 – juvenile court – Utah Code § 78A-6-307

June 13, 2019

Juvenile Court, Utah Court of Appeals, Utah Court of Appeals Decisions

additional findings, juvenile court, permanent transfers of custody and guardianship, placement provisions, post-judgment request, Utah Code section 78A-6-307

THE UTAH COURT OF APPEALS – In re C.S. – 2019 UT App 98 STATE OF UTAH, IN THE INTEREST OF C.S., C.S., AND C.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.C.W., Appellant, v. STATE OF UTAH, Appellee. Opinion No.…

Wollsieffer v. Wollsieffer – 2019 UT App 99 – modifying child support

THE UTAH COURT OF APPEALS BURRIS WOLLSIEFFER, Appellant, v. HEATHER WOLLSIEFFER, Appellee. Opinion No. 20170645-CA Filed June 6, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates No. 154905336 Burris Wollsieffer, Appellant Pro Se Courtney Cooper, Ryan A.…

Kirkham v. Widdison – 2019 UT App 97 – tax issues in divorce

Kirkham v. Widdison – 2019 UT App 97 THE UTAH COURT OF APPEALS JANAE A. KIRKHAM, Appellant, v. JAMIE WIDDISON, HRB TAX GROUP, GRACE HANSEN, BONNY WIDDISON, AND ALPINE GARDENS INC., Appellees. Opinion No. 20170655-CA Filed June 6, 2019 Third…

Higley v. Buhler – 2019 UT App 96 – civil stalking injunction

Higley v. Buhler – 2019 UT App 96 THE UTAH COURT OF APPEALS JEDEDIAH WELLS HIGLEY, Appellee, v. BRYAN DEAN BUHLER,Appellant. Per Curiam Opinion No. 20180925-CA Filed June 6, 2019 First District Court, Logan Department The Honorable Brian G. Cannell…

2018 UT App 224 – In re Adoption of B.N.A. – wrong district court

May 31, 2019

Adoption, Appeal, Jurisdiction, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Venue

2018 UT 24, adoption, jurisdiction, State v. Stewart, subject-matter jurisdiction, Utah Code § 78B-6-105(1)(a), Utah Code § 78B-6-124(1)(b), venue

2018 UT App 224 – In re Adoption of B.N.A. THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, v. T.L. AND A.L., Appellees. Opinion No. 20180316-CA…

2018 UT App 210 – Silva v. Silva – sheriff’s sale, attorney fees

May 30, 2019

Court Rules, Marital Property, Residency, Utah Court of Appeals, Utah Court of Appeals Decisions

default, excusable neglect, notice, Rule 60(b), Rule 69(B)(d), sheriff's sale

2018 UT App 210 – Silva v. Silva THE UTAH COURT OF APPEALS DAVID SILVA, Appellee, v. BONNIE SILVA, Appellant. Opinion No. 20160171-CA Filed November 8, 2018 Third District Court, Salt Lake Department The Honorable Robert P. Faust No. 140908706…

2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

May 29, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

“before a district court may enter a judgment by default that transfers custody of a child, 2017 UT App 10, 391 P.3d 1051, 649 P.2d 51 (Utah 1982), Blocker v. Blocker, Hogge v. Hogge, the trial court must take evidence and then make findings that a substantial change of circumstances has occurred and that transferring custody of the child is in the child’s best interests.”, Utah Code § 30-3-10.4(2)

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 134901419 Randall…

Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

May 28, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Dirty Tricks, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Paternity, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

§ 30-3-34, § 30-3-35, § 30-3-35.5, ¶ 26, 1999 UT App 290, 2001 UT App 225, 2009 UT App 233, 2014 UT 10, 2016 UT App 135, 2017 UT App 192, 2018 UT App 38, 2018 UT App 5, 217 P.3d 733, 29 P.3d 676, 326 P.3d 645, 379 P.3d 890, 406 P.3d 258, 414 P.3d 933, 420 P.3d 53, 436 (Utah 1993), 604 (Utah 1989), 761 P.2d 942 (Utah Ct. App. 1988), 776 P.2d 599, 850 P.2d 431, 989 P.2d 491, Bond v. Bond, Davis v. Davis, Elmer v. Elmer, Fullmer v. Fullmer, Gillmor v. Wright, Hudema v. Carpenter, K.P.S. v. E.J.P., Kimball v. Kimball, Shuman v. Shuman, State v. Nielsen, Taft v. Taft, Utah code

Nebeker v. Orton – 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140…

2019 UT App 83 – Nave Free v. Free – modification of child support

May 23, 2019

Assets/Debt/Property, Best Interest of the Child, Child Support, Child Support Modification, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2004 UT App 314, 2009 UT App 152, 2013 UT App 296, 2015 UT App 308, 2016 UT 48, 2016 UT App 125, 2016 UT App 135, 2017 UT App 192, 2018 UT App 195, 311 B.R. 618, 323 P.3d 586, 365 P.3d 719, 379 P.3d 882, 379 P.3d 890, 387 P.3d 1000, 406 P.3d 258, 437 P.3d 464, 78B-12-210(9)(b)(iii), 897 N.Y.S.2d 401, 98 P.3d 1178, Bagley v. Bagley, Cantrell v. Cantrell, Child Support, Diener v. Diener, Dole v. Dole, Earhart v. Earhart, Fish v. Fish, Hansen v. Hansen, In re Harrelson, income had substantially increased, medical expenses of children, needs, petition to modify the divorce decree, Poberesky v. Poberesky, relative wealth, remarried, renting out a house, Shuman v. Shuman, substantial change in material circumstances, Taft v. Taft, upward deviation, Utah Child Support Act, Utah Code §§ 78B-12-101 to 403

2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019 Fourth District Court, Heber Department The Honorable Jennifer A. Brown…

2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time

May 22, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Supervised Parent-time, Supervised Visitation, Utah Court of Appeals, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

(Utah Ct. App. 1998), ¶ 33, 2000 UT App 213, 2009 UT App 365, 2016 UT App 94, 2017 UT App 10, 2017 UT App 192, 2018 UT App 137, 2018 UT App 184, 2018 UT App 196, 223 P.3d 456, 374 P.3d 45, 391 P.3d 1051, 406 P.3d 258, 427 P.3d 1221, 437 P.3d 370, 437 P.3d 445m, 649 P.2d 51 (Utah 1982), 694 P.2d 608 (Utah 1984), 967 P.2d 942, Becker v. Becker, best interests of the child, bifurcated procedure, Blocker v. Blocker, change in circumstances, changed circumstances, Childs v. Childs, Erickson v. Erickson, Hanson v. Hanson, Hogge v. Hogge, Jensen v. Jensen, Jones v. Jones, Lay v. Lay, maintaining relationship with child, mandate rule, older child, professional therapy, Shuman v. Shuman, speak by phone, special master, Stephens v. Stephens, unable to afford supervised visitation, unsupervised parent-time, welfare, without incident

2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553…

2019 UT App 81 – In re A.R. – permanent custody and guardianship

2019 UT App 81 – In re A.R. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R., R.R., AND V.R., PERSONS UNDER EIGHTEEN YEARS OF AGE. E.R., Appellant, STATE OF UTAH, Appellee. Per Curiam Opinion No.…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

What Legal Research Is and Why It’s Important to Your Case

April 9, 2019

Attorney Fees, Divorce Preparedness, Lawyer Fees, Utah Code, Utah Court of Appeals Decisions, Utah Supreme Court Decisions

appellate court, application, apply, case law, cases, construction, decisions construe, legal research, statutes, Utah code

Most clients have no idea how much work takes place behind the scenes at most law firms. More than the copious phone calls, emails and text messages back and forth to opposing counsel/parties. Planning, research, evidence gathering, document drafting, court…

LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 – THE UTAH COURT OF APPEALS – LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman…

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