In 2010, both the Fourth of July holiday and the Utah Pioneer Day holiday, on July 24th, fall on the weekend but courts and some places of business are closed on July 5th and July 23rd because of these holidays.  This is enough to cause parents to argue about what the holiday actually means when they look at their parent-time.

All we can do is direct parents to Utah Code Annotated Section 30-3-35 (2)(e), which reads as follows: (more…)

The Utah Courts’ website has a “Frequently Asked Questions” section about getting a divorce in Utah.  Click here for that information.

Some of the information is helpful but a lot of it can be misleading to a person who has no experience or legal training.  For example, under the question about relocation, the site says, “A custodial parent usually is not prohibited from leaving the state with the children.”  In our experience, this is far from the reality of the situation.  We have litigated many cases and even gone to trial on the issue of relocation and the courts have very rarely permitted relocation of the children even when the move would have been with a parent who had sole or primary physical custody.  The courts have often stated that they cannot, and will not, prohibit the custodial parent from moving and they can provide extensive parent-time to that parent, but generally the courts side with the custody evaluator and custody evaluators in Utah have often taken the position that a move is not in the child’s best interest.  On the other hand, relocation certainly has also been permitted in other cases.  This issue usually requires a custody evaluation and can be very litigated and complex.

(more…)

As most divorced  or divorcing parents in Utah know, Utah follows a strict child support guideline that is calculated according to gross income and the number of overnights that each parent has the child or children in a year.  Utah Code 78B-12-301 gives the amount of child support that is paid per the number of children in the family.  It is important to realize that the figure is the COMBINED child support of both parents and that each parent will only be obligated for a percentage of that amount.  If you have both parties income information and the number of overnights each parent has the child/ren, using a child support calculator is the best way to make an accurate estimate of child support.

What many people do not realize is that Utah Code contains a very important provision for both parents paying child support and parents receiving child support. In 2008 and 2009, parents who were getting FIRST TIME orders for final child support were subject to a higher child support table than those who had received child support orders PRIOR to January 1, 2008.  However, parties who had final child support orders PRIOR to January 1, 2008 were not at risk of being subject to the higher child support guidelines.  But, the big news is that, as of January 1, 2010, final orders for child support that were put in place any time PRIOR to January 1, 2008 are subject to the higher child support guidelines if the parent getting child support files a request for modification with the court and meets the appropriate standards, which will  be described below.

(more…)