Alimony: Is Padding Expenses Justified? Or Risky?

December 28, 2018

A Court May Decline to Accept Claimed Expenses that Are Overstated and Unsupported. This is an appeal from a district court’s award of alimony in the aftermath of a contentious divorce. Wife contends that the court abused its discretion when it declined to accept her claimed expenses at face value–even when the claimed expenses by Wife had no relation to historical needs, exceeded the Husband’s take-home pay, were overstated, and Wife failed to provide credible evidence regarding finances and expenses–as opposed to Husband’s testimony which was credible, detailed and specific.

Hartvigsen v. Hartvigsen, 2018 UT App 238 (Filed December 28, 2018)

Click HERE to read entire case.

September 27, 2018
A child’s preference, even if age 14 or older, may be excluded as evidence if the court finds there was no change of circumstances sufficient to reopen the case.

¶35 Father contends the court erred by “refusing to consider testimony from [Child].” Before and during trial, and through various […]

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September 5, 2018
Alimony Battle: “Contemplated in the original decree” vs. “Not foreseeable at the time of the divorce.”

And the winner is . . .  “not foreseeable at the time of the divorce” but based on evidence that was […]

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March 14, 2019
Failure of court to set due date or interest rate on judgment is not abuse of discretion.

Marroquin v. Marroquin, 2019 UT App 38 (Filed March 14, 2019). At trial a Wife was granted a judgment of […]

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