Utah law Archives

Is appointing a guardian ad litem helpful in custody cases?

Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah, where I practice divorce and family law. Each jurisdiction will…

What should the child support award be if my ex makes $1,200 per week?

Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I can answer this question in the context of Utah law,…

What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never actually has such evidence to consider. In Utah (where I practice divorce…

Can I force my spouse to divorce me?

I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent you from divorcing him/her. Many people do not understand what…

How long after my divorce am I considered single?

April 27, 2022

Divorce Utah

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

divorce, divorce law, divorced, family law, married, single, status, Utah, Utah law

I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues its decree of divorce. Utah Family Law, LC | divorceutah.com…

In a divorce, should children live with their favorite parent?

I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent over the other is not expressly among the factors specified…

Our agreement says no child support, can my ex ask for it anyway?

Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit me. The kid is 16 years old. I cannot speak for…

Does Utah ORS collect childcare by garnishing a paycheck?

March 11, 2022

Divorce Utah

Child Care Costs, Divorce Costs, Finances, ORS (Office of Recovery Services), Utah, Utah Code, Utah Court Rules, Utah Law

child care, child services, Child Support, Office of Recovery Services, ORS, Utah, Utah law

Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect prospectively monthly child care expenses. Utah Family Law, LC |…

Reform that reforms nothing

February 2, 2022

Divorce Utah

Custody, Divorce, Divorce Law, Family Law, Utah, Utah Court Rules, Witness

civil procedure, court, court rules, critique, legal opinion, reform, Utah law, Utah rules

Commencing May 21, 2022, a new rule of the Utah Rules of Civil Procedure will be in force: Rule 100A. While I love the intention behind Rule 100A, reviewing the rule reveals it to be poorly structured, and I do…

What is the basis for everything I have to do for my Utah divorce case?

What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask myself. Here is the answer. Why do I have to…

T.W. v. S.A. – 2021 UT App 132 – child custody

January 14, 2022

Divorce Utah

Alimony and Support, Amicable Divorce, Annulment of Marriage, Antenuptial Agreements, Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Business Interests, Business Valuation, Child Abuse, Child Care Costs, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Neglect, Child Protective Order, Child Protective Services, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Civil Stalking, Civil Stalking Injunction, Co-parenting, Cohabitation, Common Law Marriage, Contempt of Court, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Custody Evaluation, Daycare, Debts, Dirty Tricks, Discovery, Division of Child and Family Services (DCFS), Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

appellate courts, child custody, child custody arrangement, child custody award, court decisions, custody, Utah Court of Appeals, Utah law

2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna Gibson No. 134401457 David Pedrazas, Attorney for Appellant Laja K.…

Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson No. 184700047 Steve S. Christensen and Clinton R. Brimhall, Attorneys…

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…

How do courts insist upon custody evaluations being conducted?

With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and only one child custody and parent-time schedule during the pendente…

Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

October 18, 2021

Divorce Utah

Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law

banking, Child Support, divorce finance, divorce law, family law, funds, Utah law

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have used this method of paying child support and accounting for…

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 is the success rate of having a court-appointed legal aid?

September 23, 2021

Divorce Utah

Court Rules, Custody, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal System, Utah Court Rules, Utah Law

court, divorce law, family law, law, law practice, legal aide, legal counsel, Utah law

I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel has is being not as effective as paid counsel. But counsel is…

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to your case. One way to get a change of judge is…

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…

In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1174795 Steve…

Tag: Utah law