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2020 UT App 93 – Utah Court of Appeals – termination of alimony

September 24, 2020

Alimony and Support, Termination of Alimony

alimony, default judgment, motion to set aside default, Rule 60(b), termination of alimony

2020 UT App 93 THE UTAH COURT OF APPEALS KELLEY ANNE SOMER, Appellant, v. ERIC JOHN SOMER, Appellee. Opinion No. 20190293-CA Filed June 11, 2020 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie, No. 134900325 Carolyn Perkins, Attorney…

Unique challenges for men and women face in divorce and child custody

September 16, 2020

Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

alimony, child custody, Domestic Violence, men, protective order, restraining order, stalking injunction, unique challenges, women

The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past 23 years in the practice of divorce and family law.…

Are prenuptial agreements used only to avoid divorce settlements?

Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually do) cause by agreeing in advance what the separate property…

Do you flee the country to avoid alimony? Or do you happily comply?

August 27, 2020

Alimony and Support, Modification of Alimony, Termination of Alimony

alimony, comply, flee the country, grudgingly, happily, modify, motion, move, pay, petition, terminate

Do you flee the country to avoid alimony? Or do you happily comply? First, let’s discuss the “option” of fleeing the country to avoid paying alimony. It’s not really an option unless you consider obeying the law optional. In one…

New Developments in Utah Law Governing Termination of Alimony

August 3, 2020

Alimony and Support, Divorce Fears, Divorce Preparedness, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, Scott v. Scott, terminating alimony, termination of alimony, Utah Supreme Court

New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The ex-wife claimed that her relationship with her post-divorce boyfriend did…

Scott v. Scott – 2020 UT 54 – termination of alimony

July 31, 2020

Alimony and Support, Utah Code, Utah Law, Utah Supreme Court Decisions

2020 UT 54, alimony, cohabitation, cohabiting, common residence, legal domicile, mandate rule, marriage-like relationship, terminating alimony, termination of alimony, Utah Supreme Court

This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 54 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Appellant, v. BRADLEY SCOTT, Appellee. No. 20180210 Heard March 11, 2020 Filed July…

Retirement now a potential ground for modifying alimony

June 25, 2020

Alimony and Support, Utah Code, Utah Law

alimony, foreseeable, modify, petition, retirement, substantial material change in circumstances, Utah Code § 30-3-5(10)(b)

Retirement now a potential ground for modifying alimony award In the 2020 legislative session the Utah State legislature amended the Utah Code to provide that “regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material…

New Law: Collection Fees for Unpaid Child Support and Alimony

June 24, 2020

Alimony and Support, Child Support, Child Support Enforcement, Utah Code, Utah Law

40%, alimony, Child Support, collection fees, contingency, delinquent, unpaid alimony, unpaid child support, Utah Code section 30-3-3.5

New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that a court shall now impose a collection fee to pay…

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

February 18, 2020

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…

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, 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

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…

Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or neglectful), other times the unfitness may be due to circumstances…

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…

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…

Is It Harder to Get a Job After 40? Should Divorce Courts Care?

January 25, 2019

Alimony and Support, Child Support, Child Support Enforcement, Child Support Modification

40 years old, 7th District, age 40, alimony, Child Support, employment, imputation, impute, inc. magazine, job, unemployed

I just came across this from “Inc. this Morning” from Inc. magazine. It’s something you and the court may need to keep in mind when it comes to child support and/or alimony: “A friend of mine turned 40 recently, and…

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department The Honorable Lynn W. Davis No. 064402132 Danielle Marie Hartvigsen,…

Should all spousal support/alimony be revoked?

November 14, 2018

Alimony and Support, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Women's Divorce Issues

alimony, alimony for life, lifetime alimony, spousal support

Should all spousal support/alimony be revoked? No, but I wouldn’t be upset if it was largely overhauled to reflect circumstances as they are now. Because originally wives didn’t get half the marital property in divorce, alimony was all wives (wives,…

Hosking v. Chambers – 2018 UT App 193 – termination of alimony

October 22, 2018

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

alimony, cohabitation, common household involving shared expenses and shared decisions, intimate relationship, shared residence, termination, termination of alimony

2018 UT App 193 The Utah Court of Appeals CRAIG HOSKING, Appellee, v. ERIN JO CHAMBERS, Appellant. Opinion No. 20160444-CA Filed October 12, 2018 Second District Court, Ogden Department The Honorable W. Brent West No. 044901699 Jason B. Richards, Brandon…

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