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.

April 12, 2018
A Petition to Modify Custody Requires a "Substantial and Material Change of Circumstances" Whereas a Request to Modify Parent Time Only May Only Require a "Change of Circumstances"

In this case, at the time of trial, the parties lived about 60 minutes apart. The court found that the […]

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July 27, 2018
The "Independent" Standard of Review on Objections to Commissioners Clarified

In this appeal, the court clarified that an objection to a ruling by a commissioner is independent, and not a […]

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July 12, 2018
When a parent can show all the factors for the "optional" 40% parent time schedule, is a court required to order it? No, it still has discretion.

Lay v. Lay, 2018 UT Ct App 137 (July 12, 2018) Utah statutes have a “minimum” parent time (“visitation”) schedule […]

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