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.

May 24, 2018

In a previous Utah Supreme Court case of Dahl v. Dahl, 2015 UT 79, the court rule in the facts of that case, Wife failed to show but providing documentary support that she had a financial need that would support an award of alimony. (She also was receiving substantial assets in the property settlement). This is a common contention in alimony trials--that a party fails to provide receipts, bank records, statement, contracts or other evidence of his or her expenses to show that they have a need for alimony. And because a court is generally constrained to limit an award of alimony to a recipient's need (their proven budget), a lack of documentation provided at trial by the recipient spouse is often used to argue and limit or reduce an alimony award. However, in this court of appeals case, Munos v. Carlos, No. 20161013-CA, Filed May 24, 2018, the court ruled that it believed the standard of the Utah Supreme Court under Dahl is that court may impute or assume reasonable expenses if there is some evidence of the expenses and the expenses are otherwise reasonable. The court of appeals explained, "...courts may impute figures where there is insufficient evidence of one of the statutory alimony factors.” Dahl. ¶ 116 (internal quotation omitted). Thus, a court can make findings related to the statutory alimony factors without supporting financial documents and can impute reasonable expenses based on circumstantial or testimonial evidence.

July 14, 2022
Change in Employment for Reduced Income--Not Necessarily Voluntarily Underemployment

Fox v. Fox, 2022 UT App 88 (Filed July 14, 2022) Facts:  The parties married in 1997 and wife filed […]

Read More
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 […]

Read More
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 […]

Read More
envelopephone-handsetmap-markermagnifiercrossmenuarrow-up-circle