¶35 Father contends the court erred by “refusing to consider testimony from [Child].” Before and during trial, and through various […]
Marroquin v. Marroquin, 2019 UT App 38 (Filed March 14, 2019).
This is a good case for looking at relevant factors a court should look at when confronted with a claim for dissipated assets. The court outlined some relevant factors on this issue:
¶33 When determining “whether a party should be held accountable for the dissipation of marital assets,” there are “a number of factors that may be relevant,” including (1) “how the money was spent, including whether funds were used to pay legitimate marital expenses or individual expenses”; (2) “the parties’ historical practices”; (3) “the magnitude of any depletion”; (4) “the timing of the challenged actions in relation to the separation and divorce”; and (5) “any obstructive efforts that hinder the valuation of the assets.” Rayner v. Rayner, 2013 UT App 269, ¶ 19, 316 P.3d 455. “While marital assets are generally valued as of the date of the divorce decree, where one party has dissipated an asset, hidden its value or otherwise acted obstructively, the trial court may, in the exercise of its equitable powers, value a marital asset at some time other than the time the decree is entered, such as at separation.” Parker v. Parker, 2000 UT App 30, ¶ 13, 996 P.2d 565 (quotation simplified).
Marroquin v. Marroquin, 2019 UT App 38 (Filed March 14, 2019).
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¶35 Father contends the court erred by “refusing to consider testimony from [Child].” Before and during trial, and through various […]
This statute provides the statutory basis for income in the determination of child support. Case law adds to these principles. […]
Sandusky v. Sandusky, 218 UT App 34, February 24, 2018 This is a good case for the overarching principles about […]