Archive

September 2018

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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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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May 24, 2018
In an alimony case where the requesting party fails to provide supporting financial documents, a court may impute reasonable expenses based on circumstantial and testimonial evidence.

In a previous Utah Supreme Court case of Dahl v. Dahl, 2015 UT 79, the court rule in the facts of […]

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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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April 11, 2018
Utah’s Divorce 90-Day Waiting Period Changed to 30 Days

The Utah legislature passed Senate Bill 25, which changes the waiting minimum period for divorces from 90 days to 30 […]

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March 16, 2018
 Imputation of Income Proper for MS in Alimony Case.

Bond v. Bond, March 16, 2018 Held:  Imputation of Income Proper for MS in Alimony Case. Case synopsis/analysis:  A 27 year marriage, […]

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March 16, 2018
For imputation of income at trial, you only need to prove that a relevant job exists, not a specific job

Bond v. Bond, March 16, 2018 Held:  Jobs Available can be General, Not Specific–need to prove only that jobs exist […]

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