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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…

Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as take what each earned?

October 10, 2018

Alimony and Support, Assets/Debt/Property, Division of Marital Property, Marital Property

alimony, divide, division, income, marital assets, marital property, property, support

Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as each takes what each earned? In Utah (where I practice law), the law is not “take what we each earned.” In Utah, the law is:…

What are legal ways one can prevent having to pay spousal support in case of a divorce?

July 25, 2018

Alimony and Support, Divorce Law, Divorce Mistakes, Divorce Preparedness, Spousal Support

30-3-35(8), alimony, avoidance, Utah

What are legal ways one can prevent having to pay spousal support in case of a divorce? Do you really mean “What are legally and equitably valid ways one can prevent having to pay spousal support in case of a divorce, if…

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

June 19, 2018

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

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…

Can a wife expect a property to be split equally if she cheated?

May 30, 2018

Adultery, Alimony and Support, Assets/Debt/Property, Division of Marital Property, Divorce Law, Divorce Preparedness, Infidelity, Marital Property, Men's Divorce Issues, Women's Divorce Issues

adultery, alimony, division, infidelity, marital property, property

Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are not divorce lawyers think that courts really hate and really…

Munoz-Madrid v. Carlos-Moran – 2018 UT App 95 – alimony

May 28, 2018

Alimony and Support, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Utah Court of Appeals, Utah Court of Appeals Decisions, Women's Divorce Issues

alimony, broad discretion, discretion, evidence, impute

Munoz-Madrid v. Carlos-Moran – 2018 UT App 95 THE UTAH COURT OF APPEALS PATRICIA MUNOZ-MADRID, Appellee, v. MARTIN ROBERTO CARLOS-MORAN, Appellant. Opinion No. 20161013-CA Filed May 24, 2018 Fourth District Court, Provo Department The Honorable Fred D. Howard No. 144401171…

Christensen v. Christensen – 2018 UT App 53 – interpretation of plain meaning of decree

April 2, 2018

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

alimony, decree of divorce, interpretation, plain meaning, reduction

2018 UT App 53 THE UTAH COURT OF APPEALS JACQUELINE E. CHRISTENSEN, Appellee, v. JOHN D. CHRISTENSEN, Appellant. Opinion No. 20151084-CA Filed March 29, 2018 First District Court, Logan Department The Honorable Kevin K. Allen No. 064100474 Jonathan P. Thomas,…

Scott v. Scott – 2017 UT 66 – Utah Supreme Court – September 21, 2017 – termination of alimony for cohabitation

September 29, 2017

Alimony and Support, Cohabitation, Termination of Alimony

2017, alimony, cohabitation, Scott v. Scott, termination, termination of alimony, Utah Supreme Court

This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 66 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Petitioner, v. BRADLEY SCOTT, Respondent. No. 20160299 Filed September 21, 2017 On Certiorari…

Advances in Technology and Termination of Alimony in Utah

December 19, 2015

Alimony and Support

alimony, Alimony & Support, cohabitate, cohabitation

Under Utah Code Ann. § 30–3–5(10) unless otherwise provided in the divorce decree, alimony “terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.” See, Levin v. Carlton-Levin, 2014 UT App 3, ¶ 10, 318…

Alimony – The Facts

December 19, 2015

Alimony and Support

With rare exception, nobody on either side of a spousal support or alimony issue is ever satisfied. Those seeking alimony contend there’s never enough. Those paying alimony contend too much is demanded of them. They are both right and they…

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