Archive

February 2019

February 14, 2019
A court may deviate from an informal custody arrangement when best interests analysis (distance between the parties) or changes in circumstances (school starting) dictate.

Nebeker v. Orton, 2019 UT App 23 (Filed February 14, 2019). In this case, a father was not involved in […]

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January 10, 2019
12 Statutory Basis for Contempt and Inherent Contempt Powers

Rosser v. Rosser Summary: A statutory contempt remedy simply does not fit the facts of this case, even if we […]

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December 28, 2018
Does Separate Property Become Marital Property When Titled as Joint Tenants? It Depends…

This is an appeal from a district court’s division of property and award of alimony in the aftermath of a […]

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December 28, 2018
Alimony: Is Padding Expenses Justified? Or Risky?

A Court May Decline to Accept Claimed Expenses that Are Overstated and Unsupported. This is an appeal from a district […]

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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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