ability to pay Archives

2021 UT App 77 – Miner v. Miner – alimony, attorney fees

2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court, St. George Department The Honorable Jeffrey C. Wilcox No. 174500373 …

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…

Redden v. Redden – 2020 UT App 22 – findings, alimony, ability to pay

February 18, 2020

Divorce Utah

Alimony and Support, Findings of Fact and Conclusions of Law

ability to pay, abuse of discretion, alimony, auto loan, credit cards, expenses, findings of fact, student loans

2020 UT App 22 – THE UTAH COURT OF APPEALS DEBBIE ANN REDDEN, Appellee, v. SPENCER DEAN REDDEN, Appellant. Opinion No. 20180852-CA Filed February 13, 2020 Third District Court, Salt Lake Department The Honorable Robert P. Faust No. 164907729 Douglas…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

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…

What is the easiest way to request alimony in a divorce?

August 16, 2019

Divorce Utah

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…

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…

Xu v. Zhao – 2018 UT App 189 – when it comes to determining alimony, almost anything goes.

October 8, 2018

Divorce Utah

Alimony and Support, Men's Divorce Issues, Utah Court of Appeals Decisions, Women's Divorce Issues

ability to pay, discretion, equalization, equalizing standards of living, lifestyle during the marriage, need

2018 UT App 189 THE UTAH COURT OF APPEALS DEGAO XU, Appellant and Cross-appellee, v. HONGGUANG ZHAO, Appellee and Cross-appellant. Opinion No. 20160453-CA Filed October 4, 2018 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 124402420 Steve…

What Is Alimony, and How Does It Work in Utah?

June 19, 2018

Divorce Utah

Alimony and Support, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Spousal Support, Women's Divorce Issues

30-3-5(8), ability to pay, alimony, factors, need, Utah

What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other spouse. Through an alimony award the court can require that…

What is Alimony and How Does It Work in Utah?

June 19, 2018

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Women's Divorce Issues

30-3-5(8), ability to pay, alimony, need, Utah

What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other spouse. Through an alimony award the court can require that…

Alimony: How much of it should I be asking for, and why?

June 11, 2018

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Law, Men's Divorce Issues, Spousal Support, Women's Divorce Issues

30-3-5(8), ability to pay, alimony award, determining amount of alimony, factors, how much alimony?, need, Utah code

How much alimony should I be asking for from my spouse? He’s very wealthy, and I do not work. I became a stay-at-home parent at his request. I’m now leaving the marriage without any retirement or savings. Here is a…

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