BLANK

Tag: lying

Do Many Women Lie About DV in Divorce and Child Custody Court Cases?

Yes. Many women (not all, but many more than we’d like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such lies is just too great for many women when they see the leverage and advantage it gives them in divorce and child custody cases, the immediate “temporary” custody of the children and associated child and spousal support and possession of the marital home, and the money to be had by being awarded sole or primary child custody and/or alimony in part due to making claims that the husband/father is a spouse and/or child abuser.

Do men do the same? Of course some men do. But rarely are they believed. So, that keeps the liars in check to some extent, at the expense of actual male domestic violence victims.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , , , , ,

Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?

Can it be overturned? It is possible.

Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against them. Why?

There is an undeniable bias in favor of mothers who claim to be victims of abuse or who claim that their husbands/children’s father is abusive. Courts err on the side of caution, take a “better safe than sorry” approach. There are many reasons for this, including but not necessarily limited to: beliefs that women don’t lie about abuse, belief that children are generally better off in the sole or primary custody of their mothers, and cynically calculating that it’s better for the judge’s career to issue protective orders against men who are either innocent or there is a question of their innocence than it is to “take the chance” on innocent until proven guilty. When court’s engage in such behavior, it’s lazy, it’s cowardly, it’s judicial malfeasance.

How can/does a falsely accused parent (father or mother, for that matter) clear his/her good name? Short of the kinds of things one cannot control (i.e., suddenly getting a new, sympathetic judge because the old judge retired or got sick, etc.), the most effective way is: presenting the court with evidence so overwhelming that the court cannot deny it, cannot disregard it without looking biased and/or incompetent. Easier said than done, and not always possible, but it’s really the only moral option.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Mother-made-false-accusations-against-a-father-to-win-custody-and-had-a-restraining-order-put-in-place-with-no-evidence-to-back-her-reason-can-this-be-overturned/answer/Eric-Johnson-311

Tags: , , , , , , , , ,

Fair Treatment in Court by Braxton Mounteer, Legal Assistant.

The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic clients and their lawyers who will throw anything against the wall to see what sticks, or cowboy commissioners and judges who play fast and loose with the rules (and even make up their own), generally you will not get a fair shake (just a fair shake) unless you fight—and fight hard and extensively—for it.

Fight just to keep everyone honest? Really? Yes. Well, yes, in the sense that unless you don’t care about your own good character and subscribe to the “fight fire with fire” way of doing things.

If you have enough money, there is more than one lawyer out there that will take it and do and say basically whatever you want.

What about the commissioners and judges? Aren’t they motivated purely by upholding the law and the rules and dispensing justice impartially? Some are. Not all. It’s unpleasantly surprising to me how many domestic relations commissioners and judges indulge in pride, biases, apathy, and indolence.

If you know you’re innocent, if you know you’re a good person, that is rarely enough to ensure you’re treated fairly. What can you do if and when the deck is stacked against you because the opposing party is willing to lie, cheat, and steal his/her way to victory? You must fight with everything that you have. You must—if you can—produce overwhelming evidence that you are in the right (or the opposing side is in the wrong) if you are to have confidence that you will be treated fairly. That’s hard. That’s financially and emotionally exhausting. But there are no shortcuts.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , , , , , , , , , , , ,

I Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?

If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you read all of this first.

This is and has been a major, serious problem in family law for as long as I can remember. It’s not getting better. It victimizes far too many innocent people who naively trust the legal system to value truth and justice above all.

Guilt by accusation. Accuse your spouse of being an abusive parent, and immediately the accused finds himself or herself in a position of guilty until proven innocent.

Judges (and that includes the domestic relations commissioner) are, with due respect to them, quite often (so often; more often than you’d expect or hope, frankly) suckers for substituting and accepting the seriousness of the allegations over the substance of the evidence. Why?

Many people innately know, but struggle to articulate it, either because it’s subconscious or too shameful to admit: the cowardly, lazy allure of “better safe than sorry” and “abundance of caution”. “Treat all allegations of spousal or child abuse as true,” so the “reasoning” goes, “and that way we prevent abuse, whether real or imagined.” Why go to all the trouble of investigating, factfinding, and truth seeking when abusers might lie and get away with it? No, better to treat pretty much every abuse claim as true. And if innocent parents (mostly men, but a fair and growing number of women too) are the victims of such a policy (ruined reputations, loss of standing in the community, loss of friends, loss of employment, being persecuted), it’s a price worth paying (especially when the judges and commissioners themselves don’t pay that price themselves) “if it saves just one life.” It’s obvious nonsense (no judge who treats people this way would ever want to be treated that way), but that is culture of the modern legal system. I wish I could deny it, but I’d be lying, if I did.

“It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished.

But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, ‘whether I do good or whether I do evil is immaterial, for innocence itself is no protection,’ and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.”

― John Adams

When it comes to accusations of abuse (or even danger of being abusive), it’s terrifyingly far too often the opposite of the “Better that a hundred guilty men go free than to convict one innocent man.”

So, if you are being falsely accused, don’t rely on “I can’t prove a negative,” “accuser has the burden of proof,” or “innocent until proven guilty.” If you can prove you’re innocent, do it. Do everything in your power to prove your innocence. Spend the money and the time and the effort to fight for and to prove your innocence. Strive to hold the courts to being competent and impartial because when it comes to allegations of spousal or child abuse, many courts will not exercise the courage to dismiss such claims for a lack of proof.

Utah Family Law, LC | divorceutah.com | 801-466-9277

(65) Eric Johnson’s answer to I am going through a custody battle and the other parent is making false statements about me in court. What can I do to protect myself and my child? – Quora

Tags: , , , , , , , , , , ,

Why Hiding or Misrepresenting Your Income in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer

When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope they can avoid paying, or at least pay as little as possible. Few involved in the support calculation effort–from the would-be support obligee (“obligee” means the one who receives support payments) to the court–believes anyone would tell the truth about his/her income, and this is doubly true for support obligors (“obligor” means the one who pays) who are self-employed.

Those who hope to receive child support are also tempted to lie about their income as well because the less income they can get the court to believe they have, the more they hope to be paid.

While it is tempting to lie about your income in the hope of either receiving more than you should or paying less than you should, that’s wrong (and it most likely would not work anyway).

Many will earn more than they claim to earn by getting paid under the table or working a side hustle.

But how do you enjoy the hard-earned cash that you have cleaned your name from (i.e., the Walter White problem)? If you spend the money you haven’t reported, you risk unraveling the lie. For example, if your personal expenses are $10,000 per month, but you report an income of only $6,000 per month and don’t show yourself incurring $4,000 worth of debt every month, then clearly you have income of some kind that enables you to cover your $10,000 of monthly living expenses.

Avoiding your legal obligations often proves to be more trouble than it’s worth. It is both easier and easier on your conscience just to tell the truth. Most people aren’t good enough liars to keep everyone fooled forever. Don’t give your children reason to hate you for being greedy.

Now, we get it: some of you would feel a lot better about paying child support if you knew the parent receiving the support money was actually spending it for the child’s support and not for that parent’s own selfish benefit. But that’s a subject for another blog.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , , , , , ,

Client Red Flags By Braxton Mounteer

In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the warning sirens to go off in our office are not always apparent upon first meeting with a client. It can be two or three weeks of communication before a red flag behavior appears.

One of the worst red flags that I have seen is not telling the whole truth. Clients who spin a yarn that falsely paints them as victims who are down on their luck and being abused by their exes and the system. Usually, this kind of dishonest client is not only being dishonest, but gives as good has he or she got in a mutually dysfunctional relationship. There isn’t much of an argument to be had by accusing your spouse of being an abusive drunk, a pill-popper, a philanderer, etc. when you’re engaged in the same or similar bad behavior. Be honest with your lawyer. He can help you. He can’t magically make all problems disappear, but he can ensure you present the ugly truths about yourself in the most effective ways. Your lawyer can’t help you very much, if at all, however, if you’re not honest with your lawyer. Period.

Another behavior that sets off the warning bells are the clients who focus on how much money and/or assets that they can get out of their former spouse. You are entitled to an equitable distribution of the marital assets. A fair division. But when clients try to leverage the children for money lie about abuse and betrayal and debauchery, that’s not only disgusting but it can backfire.

Finally, the least damning of the red flags but the most common are the clients who ghost their lawyers. Why would you hire an attorney ostensibly to help you, then not cooperate with them? If your lawyer is calling, it is probably important. You need to take the call. You need to return the call. Read your lawyer’s emails. Respond to them. Timely. When you fall asleep at the wheel or just expect your lawyer to do everything, it isn’t your lawyer’s fault when things go awry.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , , ,

Evidence and Honesty By Braxton Mounteer

You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to yourself, “I have so many text messages that clearly prove my spouse is terrible,” or “I have videos of my spouse behaving badly.” You could be right. But do you know what kind of evidence is relevant and that the court finds persuasive? And have you considered the implications of what your “evidence” actually says about you? For every gotcha text message or video you have, does your spouse have similar dirt on you?

You may think to yourself, “I’ll just delete the messages that cast me in a bad light,” or “I’ll edit the videos a certain way to make myself look better” and engage in other cherry picking. This rarely works. Indeed, it often backfires. Manipulating the facts is a form of lying. And it’s not that hard to spot or expose.

Understand what kinds of evidence the court needs and what is useless to a court. The court’s jobs are clearcut: 1) end the marriage 2) divide the marital assets, 3) divide responsibility for marital debts, 4) deal with custody of the children (if any), parent-time, and child support, and 4) determine whether to award alimony, and if so, how much and for how long based upon the recipient’s need and the payor’s ability to pay. That’s it. It is not the purpose of the divorce court to settle scores between you and your spouse or to declare who’s worse than the other. While spousal or child abuse can be relevant in a divorce case, stories about shouting matches and squabbles are nothing new or compelling in a divorce case.

Take a businesslike approach to your divorce case. You have to work out your feelings in a divorce case, just not in court. Don’t dwell on your feelings too much when dealing with the court; it’s a waste of your time and energy.

What should you do, then? You need to face the truth and deal with the truth. Submit the relevant evidence and concede your flaws and faults along with it. Your credibility is more important than trying to put up a false front. Your credibility is easier to show and maintain when you’re honest. Courts are more sympathetic with honest people than with liars.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , ,

Utah Divorce and Your Financial Declaration: Why it Matters, and How to Prepare It the Right Way

In every Utah divorce case, the parties must prepare what is known as a financial declaration. The parties to a divorce action are required by the rules of court to provide each other with their financial declarations.

With rare exception, divorce litigants struggle with preparing a complete, accurate, truthful financial declaration. We prepared this video (and an accompanying blog post) to help you 1) overcome procrastination, 2) understand the purpose of each part of your financial declaration, and 3) persuade you, we hope, not to give in to the temptation to lie on your financial declaration or try to hide anything from disclosure on your financial declaration.

  1. What is your financial declaration?

Concisely stated, your financial declaration is a document that provides information about income, assets, debts, and personal expenses.

The information in the financial declaration is used to analyze and determine questions of child support, alimony, division of marital property, and assigning responsibility for marital debts and obligations. as well as for determining an attorney’s fee or “for any other reason” (Utah Rules of Civil Procedure Rule 26.1(e)).

The specifics of what needs to be included in your financial declaration are outlined in URCP Rule 26.1. The acronym URCP means “Utah Rules of Civil Procedure,” and URCP 26.1 requires that you provide specific supporting documents with your financial declaration:

  • Your previous two years’ personal and business tax returns, including all the documents submitted with your tax returns and all documents used to prepare those tax returns
  • Pay stubs for the last 12 months before the petition for divorce was filed with the court.
  • Documents that verify the value of all real estate that the parties have an interest in (for example, your most recent appraisal, tax valuation, and refinance documents)
  • Bank statements for all financial accounts for the 3 months before the divorce was filed (this includes checking, savings, money market funds, certificates of deposit, brokerage, investment, retirement, regardless of whether the account has been closed including those held jointly, in your name, or as a trustee or guardian, or on someone’s behalf).

We also suggest that you provide documentation of your personal expenses going as far back as you can. If you don’t have this documentation, start compiling it.

  1. Is there a way to be exempt from preparing and producing a financial declaration?

No. We will not discuss this topic again. You must prepare a financial declaration, and you must prepare it within the time limits you are given to prepare it. You must give your spouse a copy of it. There is no way around it. If you refuse to provide a financial declaration, the court can and almost surely will sanction you severely. Here is what Rule 26.1 provides on that subject:

(f) Sanctions. Failure to fully disclose all assets and income in the Financial Declaration and attachments may subject the non-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the other party, attorney’s fees or other sanctions deemed appropriate by the court.

(g) Failure to comply. Failure of a party to comply with this rule does not preclude any other party from obtaining a default judgment, proceeding with the case, or seeking other relief from the court.

  1. Do I have to give the court a copy of my financial declaration? Why?

You may be required to file a copy of your financial declaration with the court if 1) a hearing is scheduled on the subject of child support, spousal support, division of property, allocation of responsibility for debts, attorney fees awards and court costs, or 2) the court has ordered you to file it.

  1. Do I have to give my spouse a copy of my financial declaration? Why?

Yes, you do need to give your spouse a copy of your financial declaration. It is required by court rules. Rule 26.1(c), to be exact.

But the better question is why wouldn’t you give your spouse a copy of your financial declaration? Exchanging financial declarations with your spouse is a way of keeping both parties honest about income, assets, debts and obligations, and personal expenses.

There is an element of wounded pride and embarrassment associated with close examination of the details of a person’s finances. Being honest and pushing your pride aside is hard but is still better than misrepresenting or hiding your financial state.

  1. What will happen if I do not prepare and provide my spouse (and the court, when necessary or when ordered to do so) a financial declaration?

See paragraph 2 above.

And your attorney will likely withdraw as your counsel.

    1. You could be sanctioned for contempt of court. This can lead to fines, penalties, or even jail time.
    2. You could lose your rights and entitlements you would otherwise deserve when it comes to division of marital property, responsibility for marital debts and obligations, and the spousal support and child support awards.

6. Isn’t a financial declaration just busy work?

I hope that by now you can see that a financial declaration is plainly not busy work.

A clear, accurate, and complete financial declaration is one of the best ways to establish your honesty, character, and credibility overall.

A clear, accurate, and complete financial declaration is necessary to help you understand the reality of your financial situation now and what it will likely be post-divorce.

We get it. Taking a hard, honest look at your financials is scary and discouraging. But burying your head in the sand does you no good. Face up to it and get it done.

  1. I do not see the point of a financial declaration (you are lying; of course you see the point of a financial declaration).
  2. “Hey,” you may think, “I have a smart and original idea: I will lie on my financial declaration.” This is neither original nor smart.
    1. You are not the first and will not be the last person to believe that they can lie to your attorney, to the court and to your spouse and to your spouse’s attorney. People have been lying to the courts from the beginning. Sometimes it works. The odds, however, are against you.
    2. The moral thing to do is to tell the truth.
    3. If doing the right thing is not reason enough to be honest and forthright, then remember you are not as good a liar as you think, and you will be caught in your lies.
    4. Do you really believe that you are smarter than the opposing counsel, your attorney, and the court individually or combined? You can fool some of the people all of the time, all of the people some of the time, but you can’t fool all of the people all of the time.
    5. Lying can get you some big benefits if you get away with it. However, if you are caught lying, you will lose. The court can hold you in contempt, and even strike your pleadings outright and award default judgment to your spouse. If your main worry is your money, then you should disclose it. Getting caught in a lie or worse, lying under oath is usually more costly than being honest and forthcoming.
    6. Courts have seen liars lying on financial declarations forever. There is nothing new under the sun.
    7. Unless your lawyer is a crook, if you insist on lying on your financial declaration, your lawyer will be required to drop you as a client.

OK, so you’re now convinced there is no escaping the preparation of your complete and accurate financial declaration. How do I prepare my best financial declaration? Great question. Let’s start answering it by first addressing the wrong way to prepare a financial declaration.

  1. The wrong way to prepare your financial declaration
    • Guessing or estimating without 1) making it clear on your financial declaration form that you were making an estimate, and 2) making the most accurate guess/estimate you can and explaining the bases for your estimate.

Your spouse isn’t likely to cut you some slack if you guess or estimate incorrectly. No, instead your spouse will accuse you of lying. Don’t make wild guesses. Don’t make estimates without making it clear that your estimate is an estimate, not an unquestionable fact.

Sloppy guessing and estimating makes you look dishonest and/or ignorant. Courts don’t listen to liars and fools or take them seriously.

  1. Falsely claiming that you “don’t remember” and that you cannot find documents.

This is lying, and it doesn’t fool anyone. Anyone may honestly forget or misremember a few details. Sometimes documents get lost. It’s only human. But conveniently claiming “I don’t recall” and “I can’t find it” in response to crucial questions? Come on. You cannot even lie persuasively to yourself like that.

Claiming you can’t find documents doesn’t mean your spouse or your spouse’s lawyer can’t find them through other means.

  1. The right way to prepare your financial declaration.
    • The right way to fill out a financial declaration is to be as honest and thorough as possible to provide as complete and accurate a financial declaration as possible. Yes, it may hurt or embarrass you to be so honest about your financial situation, but it hurts worse to lie and be sloppy.
    • Do the necessary work. You can’t skip steps and take shortcuts and turn out a complete and accurate financial declaration. If you think you are an exception, you’re lying to yourself.
    • Don’t procrastinate. You cannot prepare a good financial declaration by waiting until the last minute. Procrastination does more damage to your ability to prepare a good financial declaration than any other bad habit. Procrastination needlessly and inexcusably makes it sadly and much harder to prepare your financial declaration.
    • Conquer procrastination. Conquer it by:
      • 1) committing to complete 3 pages per day, Monday, Tuesday, Wednesday, Thursday, and Friday. There are about 14 pages in a financial declaration form. Your attorney can prepare the first 2 pages for you. That leaves 11-12 pages you need to fill out yourself. If you complete 3 pages per day (and leave yourself an extra day or two to compensate for interruptions or snags you encounter along the way), you’ll have it done—and done well—in 5 days.

2) compiling your supporting documents. Start now. Make sure you contact your banks, credit unions, and other financial institutions, HR and/or payroll department, retirement benefits administrator, and credit card companies to get the documents you need to attach to your financial declaration:

  • Tax returns for the last two years
  • Pay stubs or other proof of income for the 12 months before the petition was filed
  • Loan applications for the 12 months before the petition was filed
  • Real estate documents. Deed, most recent appraisal, tax valuation, and refinance documents (if any).
  • Financial statements for the 3 months before the petition was filed. This includes, but is not limited to:
    • checking
    • savings
    • credit cards
    • money transfer apps
    • money market funds
    • certificates of deposit
    • brokerage
    • investment
    • retirement

It can take several days for the documents to be emailed or mailed to you, so contact the sources and request them now. Don’t be afraid to follow up if you haven’t received them by the time the sources estimate or promise you’ll have them.

  1. Garbage in, garbage out. If you wait until the last minute to prepare your financial declaration, odds are your financial declaration will be mediocre, and a mediocre financial declaration is dangerous. Frankly, if you prepare a half-baked financial declaration, you deserve the natural consequences of poor preparation.

iii. Work in and for your best interest.

  1. Do the work. Do it consistently. Do it on time. There is no other way to do it right.
  2. You cannot foist the preparation of a solid financial declaration on your attorney and his assistants. Really, you can’t. Don’t try. It won’t work. It cannot work.
  3. Your attorney and his assistants cannot do it for you. It is impossible. There is information and there are supporting documents only you can provide.
  4. Your attorney and his assistants do not know more about your financial situation than you do.

iii. Your attorney is there to help you get your financial declaration in ship shape, but you have to do the work and supply information and documents that only you can provide before your attorney can be of any help to you.

  1. There is no loophole. There is no magic wand. You will have to do the work and do it consistently in order to put your best foot forward. Time wasted or squandered cannot be recovered.
  2. Explaining each part of the financial declaration and what the court and the opposing party use it for:
  3. Paragraph 1. Statement of whether you are filing a copy of your financial declaration with the court. This paragraph is fairly self-explanatory. Unless there is a hearing on the subject of alimony, child support, or attorney’s fees awards scheduled, or unless the court has ordered you to file your financial declaration with the court, you don’t file your financial declaration with the court.
  4. Paragraph 2. The documents supporting your financial declaration. Your tax returns, pay stubs, loan applications, real estate documents, and financial statements verify the information you provide in the other paragraphs in your financial declaration.
  5. Paragraph 3. Employment. You identify whether you are employed, and if you are, who your employer or employers are, how you are compensated, how often you are paid, and how much you are paid.
  6. Paragraph 4. Gross Monthly Income. You identify all sources of your pre-tax income, whether earned or unearned, and how much you receive on a monthly basis from each income source. If you don’t receive income on a monthly basis, then you identify what the average annualized monthly amount is.
  7. Paragraph 5. Monthly tax deductions. You identify what taxes are deducted from your gross monthly income and how much is deducted.
  8. Paragraph 6. After Tax Income. This paragraph is fairly self-explanatory. In this paragraph you state what your net income is after you deduct the taxes withheld from your gross monthly income.
  9. Paragraph 7. Monthly Expenses. This paragraph is fairly self-explanatory. Here you identify what your monthly personal expenses are. If you have separated and your expenses have changed since separation, then you identify the differences between your “Current” monthly personal expenses and what your previous “Marital” monthly personal expenses are.

You don’t simply state your personal expenses in paragraph 7. You need to be able to verify and justify them too. To do that, you need to provide receipts documenting these expenses as real.

Providing receipts establishes your credibility. They demonstrate that you are transparent and honest about your financial situation. Providing receipts establishes accuracy. They ensure that you do not overstate or understate your financial obligations and they prevent the court from dismissing your personal expense claims as false or inflated. Providing receipts provide context and explanations for specific expenditures.

  1. Paragraph 8. Business Interests. A business could be a marital asset that has value to be divided in divorce. Or it could be separate property. This is why you provide the information about your business interests, who owns the business interests, and the value of business assets.
  2. Paragraph 9. Financial Assets. This is where you identify where your money is kept, as well as information on other financial assets such as stocks and bonds, insurance policies, and retirement accounts.
  3. Paragraph 10. Real Estate. This is where you identify your interests in real estate, such as the marital home, vacation property, rental properties, or other interests in real estate.
  4. Paragraph 11. Personal Property. In this paragraph you identify the personal property that you own, whether you acquired it before marriage or during the marriage. Must you list every shirt and sock you own, every knife, fork, and spoon? No. A fair rule of thumb for what to list in paragraph 11 is that anything valued around $500 or more goes on the list. You can identify things worth less if you want or if you feel it is important, of course.
  5. Paragraph 12. Debts Owed. In this paragraph you identify both your separate and marital debts and obligations. The type of debt, the account number (if applicable), who the debtors are, the balance owed on the debt, and what the minimum monthly payment is (if applicable).
  6. Supporting documents for your financial declaration must be in PDF format.

The court will not accept documents in any form other than PDF, so all supporting documents must be in PDF form. Here are ways to scan and save documents as PDFs:

  1. Scanner with built-in PDF-creation functionality. Most scanners come with built-in PDF-creation functionality, so you can scan a document and automatically save it in PDF format.
  2. All-in-one multifunction machines: All-in-one machines often have scanning capabilities that allow you to scan documents to PDF files.
  3. Smartphone Apps: There are several smartphone apps that enable you to convert a photograph of a document into PDF format. This is, however, the worst option of all the others. Scanning from a smartphone is time consuming, results in the lowest quality images, and makes it hard to scan multi-page documents. Use your own scanner or have someone else scan your documents into PDF format. You and your lawyer will be glad you did.

Once you gather your supporting documents together, save complete and legible copies of them in PDF format and then email them to your attorney to serve or file them with your financial declaration.

Thank you for watching. Thank you for reading. You’re better for having done so. Because you are now better educated and better prepared to complete your financial declaration fully, accurately, and on time. We hope that watching this video and reading the associated blog post has not only impressed upon you the importance of your financial declaration but has demystified what your financial declaration is and the purposes it serves. We hope you are better prepared and more confident going forward.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , ,

How Can You Tell if Your Lawyer Is Lying About Winning Cases if There Is No Evidence of It Online or in Paper Form?

Effectively, you can’t.

You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information about the case number, the parties, and the opposing lawyer, so that you could—with that information in hand—inquire with the opposing party and the opposing lawyer to see whether they can verify what your lawyer claims is true.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/How-can-you-tell-if-your-lawyer-is-lying-about-winning-cases-if-there-is-no-evidence-of-it-online-or-in-paper-form

Tags: , , ,

Completeness of Documentation By Braxton Mounteer

One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don’t take this document and its preparation seriously.

If you file for divorce or your spouse files for divorce, your divorce case will require you to provide a lot of documentation for various purposes as your life (and the life of your spouse and children, if you have minor children) will come under the magnifying glass. To avoid being fried like an ant, you need to produce complete and completely accurate documentation in preparing your financial declaration.

How is this done? It is a little comical, but it really comes down to accounting as best as you possibly can for every penny that comes in and that goes out. Every meal out. Every oil change. Every gasoline fillup. Every utility bill. Every dollar earned from every source.
Why should you worry about every red cent? Because you will be nickeled and dimed by opposing counsel and even by the court. Opposing counsel quite often (more often than not, frankly) wants to misconstrue confuse your income, expenses, and debts for his/her client’s benefit. The court often assumes that you are lying and/or wants to side with your spouse or against you. They are looking for any reason to call your credibility into question. And if you carelessly prepare your financial declaration, fail to provide an accurate financial declaration, and fail to support your numbers with verifiable documentation, you give opposing counsel and/or the court weapons to use against you.

“Ah,” some of you say, “but I want my financial declaration to be inaccurate so that I appear a lot poorer than I really am!” That way, if I’m the one who might pay alimony, I will pay less. And if I’m the one who might receive alimony, I will get more. Truth be told, it’s possible to lie in your financial declaration and get away with it. Truth be told, it’s harder than most people think. Truth be told, most people who lie (or who don’t lie but instead provide a half-baked, crappy financial declaration) get burned by it. Better to take the hit for being honest than risk an even bigger hit for lying. And do bear in mind that being honest is not a matter of “no good deed goes unpunished”. When you are honest, thorough, complete, and accurate in your work, that builds your overall credibility in your case. The person who owns up to his/her sins and sincerely repents gets due credit more often than not. The court thinks, “He/she was scrupulously honest in his/her financial declaration (even when he/she might could have fudged and escaped detection), so he/she is probably honest about the other things he/she tells me.” That’s more valuable than you know.

Now, if being honest always “won,” nobody would lie. You may experience your spouse lying through his/her teeth and getting away with it. It can and does happen. Still, it doesn’t justify you doing wrong or taking the risk of you being the one who gets caught in a lie or who gets hurt by turning in an incomplete and inaccurate financial declaration.
Tags: , , , , , , , ,

Are some cases out there where the counsel has lied to his or her client?

Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there are plenty of them) have surely lied to their clients too.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Are-some-cases-out-there-where-the-counsel-has-lied-to-his-or-her-client

Tags: , , , , ,

How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her case), and answered questions with “the truth, the whole truth, and nothing but the truth,” or a person who lied (even if just a couple times)?

One of the worst things to happen in a divorce case is for your credibility to come into question. If the court finds you lied about just one matter, it can cite that one lie as reason not to believe you on virtually all matters.

Simply put, to avoid damaging your credibility, always be truthful. This should be obvious, but I am amazed at how often clients of the firm I work for try to get away with lying (and how often they try to get away with lying about stuff that doesn’t really matter anyway, but I digress). The truth is learned and established by facts that are proven to be facts by the evidence in support of those facts. Your judge will not care much, if at all, about how you feel he or she should rule, the judge is (or should be) guided by the truth, by the facts, and then apply the law according to what the facts are.

To ensure your credibility is not questioned, admit when you are wrong. If you try to bend the truth about your sins and mistake or conceal the truth about them, you are a liar. Try to justify it any way you like, lying is lying. Whether by commission (expressly lying) or omission (withholding the whole truth, selectively disclosing the facts, shading the truth, spin, you get the idea), it’s all lying. While there are some situations in which you are not obligated to tell the truth about crime or possible crime you have committed (see the Fifth Amendment), questions of and risk of being convicted of crimes doesn’t arise very often in divorce cases. Honesty is the best policy.

I am amazed at how often client fail to understand that they lose credibility when they provide us with inaccurate information. While you may not be able to remember everything regarding your finances or your personal and family history, that doesn’t give you a license to fudge your answers or give incomplete answers. The “I didn’t understand” and “I don’t recall” excuses don’t inspire confidence in your credibility. They have just the opposite effect; they make you look lazy, scheming, and dishonest. Honest people are not forgetful people. Honest people aren’t afraid to produce their bank statements (all of them). Honest people aren’t afraid to disclose that side job. If you claim to have few or no records of things that normal people usually have records for, the default conclusion is that you have something to hide. While there are limits on what the opposing party can ask of you, when what they request complies with the rules, then answer questions completely and with complete honesty, produce all of the documents that are discoverable. Even if what you answer and what you produce may expose some of your flaws, it will also reveal you as honest and believable.

Once it’s damaged, credibility is hard to repair. Better never to do anything to call your credibility into doubt. Be honest. It’s the right thing to do, and if doing the right thing isn’t enough motivation for you, honesty tends to be the better “strategy” than lying and deception.

Tags: , , , , , , ,

What if your client gets custody when they should not have, due to you?

What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? 

We have a word for those who do such things, who compromise their principles, who devote their talent and effort to an unworthy purpose for personal gain. 

Prostitute. 

Many lawyers (more than you likely comfortably believe) come up with all kinds of ways to rationalize and justify it (“everyone deserves a zealous advocate/defense,” “it’s not my place to judge,” “I was just doing what I was trained and paid to do,” etc.), but it’s all prostitution, pure and simple. 

I went through a phase when I sincerely confused being clever with being a “skilled” attorney. There’s a great line from the movie adaptation of John Grisham’s “The Rainmaker”: 

Every lawyer, at least once in every case, feels himself crossing a line that he doesn’t really mean to cross… it just happens… And if you cross it enough times it disappears forever. And then you’re nothin’ but another lawyer joke. Just another shark in the dirty water. 

Fortunately, I quickly realized the error of my ways and just as quickly corrected them as well. I’m not perfect, but I aspire as best I can to do what is right and let the consequence follow. What Hugh Nibley had to say about God’s law applies equally to earthly law: 

The legal aspects of are not what counts — the business of lawyers is to get around the law, but you must have it written in your hearts (Jeremiah 31:33), to keep it “with all thine heart, and with all thy soul,” because you really love the Lord and his law, which begins and ends with the love of God and each other (Deuteronomy 6:5). It must be a natural thing with you, taken for granted, your way of life as you think and talk about it all the time, so that your children grow up breathing it as naturally as air (Deuteronomy 6:7-9). 

I have believed/believed in a client and won cases for clients who I have later learned was in the wrong, who was lying, who shouldn’t have won. I was just as duped as the court in cases like those. I don’t feel guilty or ashamed (I can’t), but I do feel used and demoralized. 

“I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.” –  Friedrich Nietzsche 

“One lie is enough to question all truth.” – Unknown 

Ethical rules prohibit a lawyer from prostituting himself/herself. To cite the two most relevant: 

Rule 3.1: Meritorious Claims & Contentions 

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. 

Rule 3.3: Candor Toward the Tribunal 

(a) A lawyer shall not knowingly: 

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; 

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or 

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false. 

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. 

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. 

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse. 

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/What-should-you-do-if-you-represented-a-client-in-a-divorce-who-should-not-have-gotten-the-kids-but-got-them-due-to-your-ability/answer/Eric-Johnson-311?prompt_topic_bio=1  

Tags: , , , , , , , , , ,

How do you win a case against your ex for false accusations?

If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such a skill/power would be superhuman/miraculous. 

False accusations exist because they often work. They often work because judges are not infallible and undeceivable.

False allegations calculated to exploit a judge’s compassion, pity, vanity, fears, self-interest, and biases are easy to “prove” or at least hard to persuade a judge to reject, even if the judge is skeptical of the merits of the allegations. Such as? Allegations of domestic violence, spouse abuse, child abuse, and stalking. No judge wants to respond to such allegations by denying “relief” in response to such allegations on the grounds that the applicant has failed to carry her (it’s almost always a woman; that may not be politically correct, but it’s true) burden of proof, only to have the respondent put her in the hospital or morgue later, so judges knowingly and deliberately err on the side of caution, taking a “better safe than sorry” approach. That way, they don’t end up in the news and taking flak for “failing” hapless victims. Sure, recklessly issued restraining and protective orders ruin the lives of innocent guys, but so what? That doesn’t make the news and the judge doesn’t have to worry about losing his/her job over it. 

https://www.quora.com/How-do-you-win-a-case-against-your-ex-for-false-accusations-I-just-recently-found-out-she-did-it-to-her-ex-husband-He-got-found-not-guilty-and-we-were-living-together-at-the-time-of-the-accusations/answer/Eric-Johnson-311  

Utah Family Law, LC | divorceutah.com | 801-466-9277  

Tags: , , , , , , , , ,

Law from a legal assistant’s point of view, week 26: Lying

By Quinton Lister, legal assistant 

Lying is corrosive. Lying does not allow us to be the best version of ourselves. Lying keeps us in denial about the actual state of our lives. So many of us spend our lives lying because we do not know any better way. We are so thoroughly convinced that if we let the truth out or if we let the truth dominate our lives then we would be miserable or we would lose everything. Maybe it is the case that we have lied ourselves into a corner and to admit the truth now would mean to forfeit some false comfort we have built up for ourselves.  

Whatever fears we may have about telling the truth, the truth is the only way through life. What I mean by that is it is the only way to have any peace in life. So long as I am lying and avoiding the consequences of my actions, I will just be left with chaos either internally or externally. And if you are wondering how this applies to the legal field, in particular divorce law, if you are dishonest you may get what you want, but you cannot do that without taking a toll on your family and your own spiritual well-being.  

Utah Family Law, LC | divorceutah.com | 801-466-9277  

Tags: , , , , , , , ,

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 and know how to apply it accurately, justly, and equitably. Would that all judges lived up to this standard. But not all judges do. I mention this so that the context of my answer to your question is clear.

Being a judge is, in my opinion, mostly a thankless job. Sure, there are some obvious perks to being a judge, including, but not limited to, a good salary, state and federal holidays off, most judges receive a generous pension when they retire, the prestige of being called “Your Honor,” but the burdens of being a judge are in some ways unimaginable. Can you conceive of sentencing someone to life in prison or death? Or even sentencing someone to 5 to 10 years in prison when you’re not certain of his or her guilt? Can you imagine what it must be like to spend your work week, week after week, hearing hundreds of stories of lying, cheating, robbing, destroying property, assaulting, raping and murdering? It all takes an inevitable toll on even the strongest of people. Those judges who do the best they can and do the job well day after day, year-over-year deserve not only our respect, but our sympathy, our thanks, and support.

All that stated, there are clearly some judges who are not cut out for the job and need to quit. Some need to quit because they are not competent as judges. Some need to quit because, while they might have been up to the demands of the job in the beginning, they aren’t anymore. Some need to quit before they become so jaded that they cannot give the job and the people who come before them the attention both the job–and the cases they hear and decide–deserve.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Do-judges-sometimes-feel-overburdened-by-the-responsibilities-of-their-job/answer/Eric-Johnson-311?prompt_topic_bio=1

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference?

From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before being questioned as a witness in a legal proceeding (whether in court or whether the testimony is being given in relation to the court proceedings) does make a difference because lying under oath or affirmation is an element of the crime of perjury. No oath or affirmation, no perjury.

Lying without being under oath or affirmation can still be a crime or otherwise punished by law in other settings other than a court proceeding (for example, lying a law enforcement officer), so bear that in mind.

Clearly, the purpose of questioning a witness in a court proceeding is to gather factual and/or honest (truthful) information to help the court decide the case. Some information is factual, meaning it is not in dispute, it can be independently verified as true. Other information is “honest,” meaning that it may not be true but the witness believes what he or she is saying is true and is doing his/her best to testify as to what he/she remembers.

If one can be convicted of lying in court or in relation to court proceedings without having sworn an oath or affirmed to tell the truth I do not know of such a law (but that’s not to say such a law does not exist). Why one cannot be convicted of lying in court without having sworn an oath or affirmed to tell the truth I do not know.

I see no good reason why a law could simply be passed that any witness is guilty of perjury if the witness, when, after first being notified that the witness is questioned in the course of or in relation to the court proceedings, the witness makes a false statement of a material fact; and knowledge of the falsity made in a proceeding, or in relation to a matter, within the jurisdiction of the tribunal or officer before whom the proceeding was held or by whom the matter was considered.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/In-court-cases-how-does-taking-an-oath-make-any-difference/answer/Eric-Johnson-311?prompt_topic_bio=1

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

If a parent exceeds parent-time by an hour or so, what can I do?

If a parent exceeds parent-time by an hour or so, what can I do? Our custody order provides that child visitation is 11 a.m. – 4 p.m. My ex and I agreed by e-mail to change it to 10 a.m. to 3 p.m. But now my ex picks up at 10 and returns the child at 4 p.m. instead of 3 p.m.Is there no recourse since the order says 4pm despite their agreement? 

Great question. 

If you were to take this problem to court for the judge to resolve, odds are that the hearing would unfold something like this and that the judge would do something like this:  

Argument from parents: 

  • Parent 1 “The custody order says child visitation is 11 a.m.-4 p.m. Parent 2 asked to make it 10 a.m. to 3 p.m., and I agreed, but now Parent 2 picks up at 11 a.m. and brings the kids back at 4 p.m. I want Parent 2 held in contempt of court!” 
  • Parent 2 “Parent 1 lies! It’s true that Parent 2 and I agreed to change visitation start and end times from 11 and 4 to 10 and 3, but I always bring the kids back by 3 p.m. Sometimes I may run into a traffic jam or something that causes me to run a little late, but I’m not trying to ‘steal’ an extra hour. I am outraged!” 

Judge’s decision:  

“Well, you both can’t be telling the truth, but it’s impossible for me to know which of you is lying. So, unless and until one of you has independently verifiable proof to support his/her argument, I am not going to reward one of you or punish the other on such a dearth of evidence and shaky evidence at that. Now both of you obey court orders. If there is a problem with Parent 2 going an extra hour over the court-ordered visitation period, and if Parent 1 has a problem with that, then Parent 1 may want to consider keeping a photographic or videographic log of pick up and return times to document the problem and provide the court with proof. If Parent 2 is being falsely accused, then Parent 2 may also want to consider keeping a photographic or videographic log of pick up and return times and a log of photos or videos showing that if and when Parent 2 is late it’s because of traffic jams or other things beyond Parent 2’s control.  

Utah Family Law, LC | divorceutah.com | 801-466-9277  

Tags: , , , , , , , , , , , , , , , , , ,

If I start crying in court, will that help my case?

If I start crying in court, will that help my case?

This is a good question. An old and frequently asked question, but still a good question.

The answer is: maybe, but I wouldn’t risk it. Why?

Four reasons:

1) Lying is wrong. I hate lying, insincerity, weasel words, and B.S. Family law cases are awash in all of it. Judges know this. They witness it every day. Every single day without respite. They come to expect to be lied to. They thus often believe they’re being lied to even when you’re telling them them the truth. They can’t be blamed for feeling this way. If anyone believes that lying his/her way to success in court is a winning formula, then he/she deserves to lose, and I hope he/she does lose. Lying in court ruins it for everyone who is telling the truth.

2) Sometimes crying works, sometimes it doesn’t. It depends on your “audience”. Some judges are just plain suckers for the weeping and the waterworks. They subscribe to the “Never apologize for showing feeling. When you do so, you apologize for the truth” (Benjamin Disraeli) school of thought. Other judges take offense at crying, feeling as though you are trying to exploit their emotions, to play upon their sympathy. These are the judges who see crying the way Jean Giraudoux did (“The secret of success is sincerity. Once you can fake that you’ve got it made.”

Yes, sometimes crying works, but most of the time everyone in the room sees it—clearly and unequivocally—for what it is: fake. Most crying in family law court is fake (not all, but most). Therefore, even if you show genuine emotion in court, odds are that the court will believe you’re faking it. Crying is a gamble with worse than even odds. Even if your emotion is genuine, odds are your judge will perceive it as feigned. Don’t cry in court, if you can help it.

3) Most people aren’t convincing actors, and their staged crying is pretty easy to spot. Not a judge on earth likes being manipulated or played, so when confronted with crying, they err on the side of disbelief. I rarely see crying work in court.

4) If self-interest, rather than truth, is your guiding principle, then don’t fake the crying because the odds of success are too slim to warrant the risk.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Tags: , , , , , , , , , , , ,

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how they treat lying.

  1. At this point in my career, I think the most accurate way to answer your question is this way: judges have to go out of their way in hearings and trials to wear a poker face. It is their job to be and appear impartial in the course of the proceedings. People who are not aware of this often perceive the judge’s impartiality and the outward manifestation of such to be apathy and indifference. This is something that even I, an attorney, would perceive, so I don’t blame you if you had similar feelings. But keep this in mind when you’re in court, so you don’t mistake the judge’s professional detachment and impartiality for inattention or being duped.
  2. I’m a little ashamed for believing in the past that judges care so little about the divorce and other domestic relations cases that come before them. But just a little ashamed because:
    • While some judges care more than I gave them credit for, the fact remains that judges generally hate divorce and domestic relations cases. Divorce cases are often extremely acrimonious and are often characterized by emotional outbursts and, frankly, a lot of irrelevant information. It is not surprising that judges become jaded quickly with divorce and domestic relations cases and, as a consequence, often tune out much of what is said and presented to them. I once spoke to a retired judge on this very subject. When I asked him, “How much went in one ear and out the other in divorce cases?,” I was shocked but grateful for his candid response: “Oh,” he said, “about 50%.”
    • So one of the best ways you can bolster your credibility with the judge is to dispense with the melodrama, be very businesslike in your presentation of your arguments, stick to the facts you can verifiably prove or for which you can make very persuasive compelling arguments. Do not go into court believing that the judge need only hear your sincere voice to be persuaded that every word that falls from your lips is true and that every word from your spouse ( including “and” and “the”[1]) is a lie.
  1. Even when the judge catches your spouse in a lie, your judge will weigh the seriousness of the lie in determining how the judge will react to the lie. Perjury is both contempt of court and a criminal act, so the judge in your divorce case can sanction and jail you for perjury, and you can also be criminally prosecuted for perjury, if you committed perjury.
    • Not every lie told to a judge or in court is perjury, by the way. Perjury is defined as “The act or an instance of a person’s deliberately making material false or misleading statements while under oath.” (Black’s Law Dictionary (7th ed. 1999). St. Paul MN: West Group. p. 1160).
    • If, for example, your spouse is late in arriving the court and lies by claiming that he or she had a flat tire, the court will probably not lock your spouse up for contempt of court. The judge may (and likely will), however, take note of the fact that your spouse was willing to lie over such a small matter. And many judges will conclude that if you are willing to lie about small things, you may be willing to lie about big things. Don’t lie. It’s wrong. Even if you believe you can get away with lying, it’s wrong. If being morally upstanding is not reason enough for you to tell the truth, remember that once your credibility is called into question or destroyed, it will often not matter whether you tell the truth thereafter. See The Boy Who Cried Wolf. If the court believes you’re a liar, then it may believe that every thing you say is a lie or at least cannot be trusted to be true.

[1] Hat tip to Dorothy Parker

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-happens-if-you-get-caught-lying-in-family-court/answer/Eric-Johnson-311

Tags: , , , , , ,
Click to listen highlighted text!