Law Blog

April 16, 2020
Alimony and Imputing Income for Unemployment.

As part of these analyses [for alimony], “courts in divorce cases may consider imputing income to an unemployed spouse in […]

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February 21, 2020
There is no statute or common-law rule allow a court to expand or add to a stipulated nondisparagement clause contained in a final decree of divorce (not involving children).

Robertson v. Stevens, 2020 UT App 29 (Filed February 21, 2020) In this post divorce case wherein the decree provided […]

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February 13, 2020
Credit card debts that represent an expense should not be double counted in the court’s needs analysis.

Redden v. Redden, 2020, UT App 22 (Filed February 13, 2020). Husband conceded that some of the expenses underlying the […]

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February 13, 2020
Vehicle payments incurred during the marriage (even multiple vehicles) may impact a payor’s ability to pay alimony, and to exclude them without sufficient findings is error.

Redden v. redden, 2020 UT App 22 (filed February 13, 2020). ¶32 Spencer (Husband) next argues that the court exceeded […]

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February 13, 2020
Student Loan Debt Affects Ability to Pay Alimony

Redden v. redden, 2020 UT App 22 (filed February 13, 2020). Student loan debt incurred during the marriage impacts a […]

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February 13, 2020
A partial or divided reputation of married defeats establishment of common law marriage.

Even after an 8 year relationship, a partial or divided reputation of marriage may be shown when the parties’ closest […]

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October 31, 2019
A parent who maintains a relationship with an abusive partner jeopardizes a child’s safety, and may risk termination of parental rights.

In Re L.M., 2019 UT App 174, (Filed October 31, 2019). In a termination of parental rights case, a Mother […]

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August 29, 2019
The Termination of Alimony upon Remarriage Must be Clearly Stated

McQuarrie v. McQuarrie, 2019 UT App 147 (Filed August 29, 2019) Alimony may not automatically terminate upon remarriage even if […]

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April 18, 2019
Parties cannot stipulate away the district court’s statutory responsibility to conduct a best-interest analysis.

Cox v. Hefley, 2019 UT App 60 (Filed April 18, 2019). In this case, a Mother and Father signed an […]

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April 18, 2019
Stipulations may be upheld that are not unduly restrictive of judicial review or authority so as long as the order does not impede the court to retain jurisdiction or to make subsequent changes and orders as are reasonable and necessary.

Cox v. Hefley, 2019 UT App 60 (Filed April 18, 2019). In this case, a Mother and Father signed an […]

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