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Utah Divorce Questions & Answers
1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Do I have to always give my ex first pick to watch the kids? And can he record our conversations?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer... Read more »

1 Answer | Asked in Divorce for Utah on
Q: I am going to file for divorce. My husband didn't work at all this year does he get half of the tax return?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

The legal answer is always, "It depends". Generally any income earned during the marriage is marital property, which would include any overpaid taxes that would result in a tax return refund. Consult with an attorney to discuss the particulars of your case.

2 Answers | Asked in Divorce for Utah on
Q: Divorcing after 23 years. Wife makes $4100 gross I make $7400 gross. What to expect for alimony?

2 children will be paying $1200 child support. Wife is keeping home.

Christopher J. Salcido
Christopher J. Salcido answered on Feb 16, 2017

The primary factors for alimony are as follows: length of marriage, your ability to pay, your spouse's need. Feel free to contact me to discuss details.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Does she have legal recourse if I don't pay?

My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... Read more »

Christopher J. Salcido
Christopher J. Salcido answered on Feb 1, 2017

The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at... Read more »

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Utah father's rights suspended didn't complete required classes. He wants a visit am I liable for anything if I let him?

Are there any legal ramifications if I let him see his son when the court has suspended his parental rights for not completing his required parenting classes? He will make my life difficult if I say no and claim he did the classes which he hasn't. But if there will be liability or trouble with the... Read more »

Brian K Jackson
Brian K Jackson answered on Dec 10, 2016

It is a court order so if you go against it you could be found in contempt.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to her... Read more »

Paul Waldron
Paul Waldron answered on Nov 2, 2016

This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... Read more »

1 Answer | Asked in Animal / Dog Law, Contracts and Divorce for Utah on
Q: Is a breeder contract my ex-wife signed during our marriage valid if I was awarded the dog in the divorce?

Seller is trying to take the dog back from me stating the contract says if the breeder can not care for the dog the seller has the right to reclaim.

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

It depends. There are probably good arguments on both sides and what the language specifically says in the contract could determine the outcome.

1 Answer | Asked in Divorce for Utah on
Q: I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce, do i have to pay alimony

I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce I am wondering if I have to pay him alimony since I make a lot more than him and he is going to school. Also, would we have to split the house or could I get the house in the divorce? My pay pays for 90%... Read more »

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

You are both entitled to half the equity, but there is more than one way to settle a divorce depending on the assets. There are ways you can prove that he wouldn't be entitled to alimony or less alimony such as what you have described above.

1 Answer | Asked in Divorce for Utah on
Q: Can I stop my ex-husband's girlfriend from visiting my child in his classroom?

We have been divorced for about 3 years. His girlfriend recently moved in with him. She has developed an unhealthy relationship with my 14 year old daughter - encourages her to lie to me and do things she isn't allowed to do, etc. She moved her kids to the same school my younger kids go to. I... Read more »

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

You're the legal guardian so if you are concerned for their safety and well-being then you can make decisions on their part to protect them within the bounds of the law. The first step would be to talk to her or your ex and explain the situation or the teacher of the class and explain to them your... Read more »

1 Answer | Asked in Divorce for Utah on
Q: My wife moved out, we will get a divorce soon. What are her obligations and options for paying her share of rent?
Brian K Jackson
Brian K Jackson answered on Jan 29, 2016

You can ask for it in the temporary orders that she pay for the rent for the months she was living there.

1 Answer | Asked in Divorce for Utah on
Q: ors child support has me paying a certain amount can my wife put a higher amout on divorce papers to get more from me

my month income is 2,600 she put that i make 3,300

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

Your question is a bit unclear. You may need to ask the court or ORS to modify child support. It will help if you produce your proofs of income when the court makes its decision.

1 Answer | Asked in Divorce for Utah on
Q: If it's not my dads weekend do I have to go
Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

That is up to your parents. If they don't agree, the controlling court order decides what your parents should be doing.

1 Answer | Asked in Divorce for Utah on
Q: Custody, support, interstate issues with a VERY broad decree.

Divorced in Minnesota, 50/50 physical, joint legal. I moved to Utah. Kids stayed with dad. They are now 8 and 9. My son moved here a year ago and daughter a month ago. They were not stable in Minnesota as their dad is having issues. He agreed to me having them solely but will not pay child support.... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

I think Minnesota might retain jurisdiction so long as somebody from the original divorce decree still lives there. In some cases, it may be possible to change that to Utah, but it could become complicated. It sounds like the only way to get him to pay support is to officially change custody and... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Need help understanding Utah Section 30-3-35.

My ex-wife and I have agreed to follow Section 30-3-35 in regards to parent visitation. Now she is throwing a fit because I told her that first part of Christmas break includes all of Christmas Eve and Christmas Day. I have told her that exchange should take place on the day half way through... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

It appears that (2)(f)(viii) says 1 PM on the day that is halfway into the break and explicitly contemplates that parent having Christmas Eve and Christmas Day.

1 Answer | Asked in Divorce for Utah on
Q: My ex husband and I have been separated since 2007. He signed the divorce papers back then, he moved to Kentucky in a ne

New relationship. I would like to marry again. What do I do to finish this divorce up? He was very abusive I'm scared of him. I do not wanna make him sign again. We were only married 3 years no kids. Please help.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 21, 2015

You say that "he signed the divorce papers"? Were these papers filed with the court?

One would need further information. I suggest that you ask the clerk of court what still needs to be done to finalize the divorce case.

1 Answer | Asked in Divorce for Utah on
Q: My ex and I were never married but we have a house together. Who gets the house now that we have split?

We have been together 7 years and have two kids together. I have tried to be civil with him but he keeps acting like a child. If I move out he will lose the house, but if he moves out I would be fine. He refuses to leave and I don't want to keep living with him.

Brian K Jackson
Brian K Jackson answered on Sep 7, 2015

It would be good to talk to an attorney about your situation. A lot can do with the language in the deed and who is in it, but there are also different legal aspects involved since you were never married to look at to see who gets what and how much.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Can you change your child support amount if you have children more often that stated in divorce decree?

My husbands divorce decree states he has his two boys 4 nights a month and that's what his child support is based on. For the past 5 yrs we have had them 13-15 nights per month. Can we get the child support changed to reflect having them about half the time?

Brian K Jackson
Brian K Jackson answered on Sep 7, 2015

It's good to get an attorney on board for a situation like this. If there is a change in circumstance the child support can be changed, but you would need to consult with an attorney to talk about the specific facts of your case and your options. There are a lot of moving parts changing something... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: My wife took my child out of state, filed for divorce. Could the court make her live in Utah so I can see my child?

The child is 2 months old and I would like to be able to hold her and feed her and those sorts of things.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 4, 2015

Probably yes, but you need to get an attorney on your side.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: My estranged husband just got engaged

I filed for legal seperation, it hasn't been signed yet. We have been apart for a year. He just got engaged to another woman and is trying to have another baby. We made a marital agreement 10 yrs ago when our last born child was boen, NOT to have anymore children, with his permission to my... Read more »

Jefferson S Cannon
Jefferson S Cannon answered on Sep 1, 2015

I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have... Read more »

1 Answer | Asked in Divorce for Utah on
Q: I have taken care of my husband he has just been released to go back to work he has over come cancer and now he wants

to be single I have not worked in 6 years and I lost a home and car due to marrying him and now this am I entitled to anything?

Craig L. Pankratz
Craig L. Pankratz answered on Mar 4, 2015

Whether you are entitled to anything depends on the circumstances surrounding your marriage. Generally, property is split as equally as is possible. Alimony is available in Utah depending on your standard of living during marriage, your ability to earn enough to live at that same standard of... Read more »

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