My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.
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answered on Nov 24, 2023
Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.
In... View More 
Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?
answered on Nov 17, 2023
If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More
The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.
answered on Nov 6, 2023
Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More
To clarify, the devices are purchased with money I have earned at a job, not gifted money etc.
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answered on Sep 15, 2023
In Utah, as in many other states, once you reach the age of 18, you are considered an adult and have certain legal rights, including the ability to make decisions regarding your personal property. If you have purchased devices with your own money and are 18 years old or older, your parents... View More
answered on Jun 20, 2023
What is more important than the certificate is how long you have been married. Clerks make errors on certificates all the time, but that does not automatically void them. Similarly, who signs the certificate and when are not normally a problem.
Your question sounds like you may feel forced... View More
I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... View More
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answered on Mar 5, 2023
If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... View More
A basic divorce, you go your way and I go mine.
answered on Feb 27, 2023
No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... View More
the classes, he will have no relief? my kids are terrified of him, i travel for work and he abandoned my kids with my parents ,cheated 14 times gave me std i was at defsukt and the clerks lost my stuff and got him enough tjme to hire atty hoe do i just motion to ignore amswer based on perjury in... View More
answered on Feb 10, 2023
This is a situation where you definitely need a competent attorney experienced in family law in the county where your case is pending.
A default judgment is usually only available when a party, after being properly served with a lawsuit, fails to file an answer and displays conscious... View More
My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... View More
answered on Jan 26, 2023
You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.
If you have not retained competent... View More
Ex girlfriend had another guy on the side, he signed Birth certificate, now she isn’t sure and want a paternity test from me. She’s in a mother state. (Florida I believe) I received a letter from her requesting paternity test. I have doubts I’m the father. Am I required to submit to testing?
answered on Jul 10, 2023
A court can order you to submit to paternity testing but you are not legally required to comply with a letter requesting it.
Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... View More
answered on Sep 30, 2022
This is not a criminal law question. You need a family law specialist.
I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child... View More
answered on Aug 8, 2022
You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a... View More
Do I have to contact him in order to go through with the adoption?
answered on Jul 8, 2022
Although your question may seem to be an easy one, there are many other questions that need to be asked in order to assess whether or not notice is necessary. If you would like to give us a call, we can certainly talk about the specific details of the case and answer your question. If you are not... View More
I don't want opposing side to know I'm almost out of money to keep fighting for visitation.
answered on May 31, 2022
Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).
This is from Rule 26.1, Utah Rules of Civil Procedure... View More
My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... View More
answered on Feb 28, 2022
The short answer is "yes." The long answer is "you need an attorney."
Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when... View More
answered on Feb 18, 2022
Yes, unless otherwise specified in the Decree or Child Custody Order. According to Utah Code Annotated 30-3-35(2)(e)(i) "[i]f a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free... View More
answered on Feb 16, 2022
If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... View More
I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... View More
answered on Feb 10, 2022
There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... View More
answered on Feb 4, 2022
I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.
Additionally, it is difficult to overcommunicate where children are concerned. Try... View More
My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... View More
answered on Feb 3, 2022
I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.
Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from... View More
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