Utah code Archives

Should a parent prorate child support to include the child’s 18th birthday?

What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal or immoral about the principle of child support ending the…

Christmas/Winter Break for Parents Under the Utah Code

Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January 2, 2022 (i.e., school starts back up on Monday, January…

What are the divorce laws in Utah?

October 21, 2021

Divorce Utah

Divorce Law, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

divorce law, family law, law, Utah, Utah code, Utah Court of Appeals, Utah Legislature, Utah Supreme Court

I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family law at the Utah State Legislature’s website, particularly (but not…

When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its terms within such time after entry, not to exceed 14…

What are the laws for joint custody?

August 31, 2021

Divorce Utah

Child Custody, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody, Utah, Utah Code, Utah Law

custody law, divorce law, family law, joint custody, joint equal custody, Utah code, Utah law

For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of joint equal custody is in issue, § 30-3-35.2. The list…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Divorce Utah

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

Can I get a stalking injunction against someone in a different state who stalks via social media?

June 7, 2021

Divorce Utah

Civil Stalking, Civil Stalking Injunction, Men's Divorce Issues, Protective Orders, Utah Code, Utah Law, Women's Divorce Issues

Chapter 7, civil stalking injunction, electronic, protective order, social media, stalking injunction, text message, Title 76, Title 78B, Utah code

How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon the law of the state of Utah, where I practice…

Why do I have to give the court my Social Security Number?

May 17, 2021

Divorce Utah

Child Support, Custody, Divorce, Protective Orders

divorce, Social Security Number, Utah code

Why do I have to give the court my Social Security Number in my divorce, child custody, paternity, protective order, or other family law or family law-related case? Here is why: § 30-3-10.17. Social security number in court records The…

2021 UT App 28 – Utah Ct. Appeals – In re C.Z.

March 15, 2021

Divorce Utah

Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions, Utah Law

2021 UT App 28 - The Utah Court of Appeals, 78A-6-105, 78A-6-312, 78A-6-507, DCFS, Dependency, Domestic Violence, safety plan, termination of parental rights, Utah code

2021 UT App 28 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.Z., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.Z., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20200227-CA Filed March 12, 2021 Third…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies? Are there laws that protect one parent from…

How does emancipation of a minor child work in Utah?

January 21, 2021

Divorce Utah

Child Custody, Uncategorized

16 years old, 16 years or older, capable of living independently, Chapter 6., child, emancipation, guardian, minor, parents, Title 78A, Utah code

How does emancipation of a minor child work in Utah? Utah law provides a way for a minor child (a child under the age of 18 who is not yet a legal adult) to acquire the rights of an adult and to…

Does having the judge interview the children traumatize the children?

December 23, 2020

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Attorneys, Divorce Causes, Divorce Mistakes, Emotional abuse, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, GAL (Guardian ad Litem), Judges, Justice and Equity, Juvenile Court, Legal Custody, Legal System, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Physical Custody, Preparing for Divorce, Utah Code, Utah Law, Utah Supreme Court Decisions

§ 30-3-10(5), $10, $3, 000, better, child abuse, child witness, children, custody evaluator, different, effectively, free of charge, functionally, GAL, guardian ad litem, hearsay, interview, judge, LCSW, less time, mental health professional, on the record, parents, Psychologist, second hand information, skilled, spending, thousands, trauma, traumatize, Utah code, Utah Legislature

Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child…

What would happen if an individual gets a second job after child support has been determined?

November 24, 2020

Divorce Utah

Child Support, Child Support Calculation, Child Support Modification

§ 78B-12-203(2), 40-hour, administrative proceeding, age, basic job skills, calculated, career or occupational training, Child Support, community, criminal record, earned income sources, educational attainment, employment opportunities, evidentiary basis, extra job, federal minimum wage for a 40-hour work week, full-time, health, home, imputation, imputed income, job, job availability, judicial proceeding, literacy, mentally unable, no recent work history, occupation qualifications, other employment barriers and background factors, overtime, parent's occupation unknown, parent's presence, physically unable, presiding officer, prevailing earnings, reasonable costs of child care, second job, side hustle, specific findings of fact, temporary nature, unusual emotional needs, unusual physical needs, Utah, Utah code, Utah Code § 78B-12-203(8), work history

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back, or would it change anything? In Utah, the answer is found in the Utah Code at…

Do I pay half of any child care costs my ex incurs? What kinds?

QUESTIONS: Do I pay half of any child care costs my ex incurs? Or just work-related child care costs incurred? Are “occupational training”-related child care costs something I have to share too? And does “occupational training” include a bachelor’s degree?…

How can I choose which of my parents gets custody of me?

How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get to choose which parent will be awarded custody or what…

What income is counted when calculating child support?

August 20, 2020

Divorce Utah

Child Custody, Child Support, Child Support Modification, Custody

78B-12-203. Determination of gross income -- Imputed income, 78B-12-204. Adjusted gross income, 78B-12-205. Calculation of obligations, 78B-12-207. Obligation -- Adjusted gross income used, 78B-12-210. Application of guidelines -- Use of ordered child support., calculating child support, Child Support, child support calculation, factors, Utah code

What income is counted when calculating child support? This is a great question. In the jurisdiction where I practice family law (Utah), the Utah Code tells you exactly what kind of parental income a court considers in determining child support:…

What would happen if a witness in court was asked if they will swear to tell the truth and they said no?

June 29, 2020

Divorce Utah

Contempt of Court, Utah Code

78B-1-143, 78B-1-144, affirm, contempt, court, moral, religion, sanctioned, swear, truth, Utah code, witness

What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or affirm to tell the truth, the witness would either not…

2020 Changes to Fall Break parent-time in Utah Code

June 19, 2020

Divorce Utah

Child Custody, Fathers' Divorce Issues, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Utah Code, Visitation, Women's Divorce Issues

30-3-35, child returns to school, fall break, school lets out, sunday, u.e.a., Utah code

When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the code. That change is found in Utah Code § 30-3-35(2)(f).…

2020 UT App 73 – Utah Court of Appeals – civil stalking, contempt, intent

2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The Honorable M. James Brady No. 160400655 Scott N. Weight, Attorney…

Tag: Utah code