Equalization of Income is perhaps better described as Equalization of Poverty

April 16, 2020

Issertell v. Issertell, 2020 UT App 62 (Filed April 16, 2020).

¶23 [Alimony recipient] argues that “equalization of poverty was not
appropriate when there [was] money available to pay the alimony
obligation.” Her premises for this conclusion are that [payor's]
current wife has been “paying all his monthly obligations other
than alimony and child support[,] . . . there were no written
agreements between them that he would ever pay her back[, and
t]herefore, these were gifts and should be considered as part of his
gross income in being able to pay his alimony obligation.” But this
argument is unsound.
¶24 “Equalization of income, which is perhaps better described
as equalization of poverty, is a [district] court’s remedy for those
situations in which one party does not earn enough to cover his
or her demonstrated needs and the other party does not have the
ability to pay enough to cover those needs.” Keyes v. Keyes, 2015
UT App 114, ¶ 39, 351 P.3d 90.

Issertell v. Issertell, 2020 UT App 62 (Filed April 16, 2020).

Click HERE to review entire case.

April 18, 2019
Stipulations signed by a party but not by the attorney, may be enforced and binding.

Cox v. Hefley, 2019 UT App 60 (Filed April 18, 2019). In this case, a Mother had brought a petition […]

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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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April 18, 2019
An attorney's failure to comply with the standards of professionalism and civility is not grounds to set aside a judgment.

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

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