Archive

December 2018

December 28, 2018
Income Can be Imputed Even if Last Job was 19 Years Ago

Hartvigsen v. Hartvigsen This is an appeal from a district court’s award of alimony in the aftermath of a contentious […]

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December 6, 2018
Filing an Adoption in the Wrong District Court is Ripe a Transfer, Not a Dismissal

In re adoption of B.N.A.20180316-CA 2 2018 UT App 224 (filed December 6, 2018). The court itself provided a terrific […]

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September 27, 2018
Court finds that emailing a link to Google Drive may be equivalent to emailing the files

A mother's attorney emailed the father a Google Drive link to the files, rather than the files themselves.  Father objected. […]

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September 27, 2018
The standards to change parent time are distinct and different from the standard to change custody.

Several years after a divorce, a father filed a petition to modify requesting a change of custody. The court found […]

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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 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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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 7, 2018
Petition to terminate alimony for early retirement is denied as foreseeable and not a listed termination ground in the decree.

In this case, a husband of a divorced couple, filed to terminate his alimony because he was retiring early.  The […]

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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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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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