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 20, 2018
A court may not impose a sanction of striking pleadings and modify the custody arrangement as a sanction because a custodial parent did not pay the custody evaluation fee

In this case, a mother failed to pay her portion of a custody evaluation, and as a sanction, the district […]

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September 27, 2018
Attorney Fees Awarded on the Basis of One Party’s Bad Faith Conduct Cannot Be Awarded if the Litigation was Not Entirely Meritless

In a case brought by a father in which the court ruled against him and awarded attorney fees, the Court […]

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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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