Tag Archives: Alimony

Alimony Divorce Case | Salt Lake City Alimony Lawyer

April 27, 2013 By in Family Law, Family Law Attorney Utah Tags: , , , , , , , Leave a comment

The Divorce Lawyers at Arnold & Wadsworth offer a free consultation. With offices in Salt Lake City and Ogden, Utah we have divorce and family law attorneys ready to aggressively protect your rights. Below is an explanation of a recent Utah Court of Appeals case decided concerning alimony.

There was a recent case that decided and explained different types of alimony;

“Alimony awards come in different varieties. See, e.g., Wells, 871 P.2d at 1038–39 (analyzing court’s ability to award temporary alimony); Bell v. Bell, 810 P .2d 489, 493 n. 3 (Utah Ct.App.1991) (“The purpose of rehabilitative alimony is in the short run to close the gap between actual expenses and actual income to enable the receiving spouse to then be better able to support herself when the alimony and schooling end.”); Petersen v. Petersen, 737 P.2d 237, 242 n. 4 (Utah Ct.App.1987) (observing that “reimbursement” alimony is sometimes appropriate). And several of those variants are not considered permanent alimony awards. See Wells, 871 P.2d at 1039 (indicating that temporary alimony is separate and distinct from permanent alimony).”

Beal v. Beal, 2013 UT App 105
In your case you might need “transitional alimony” and the court explained the difference between transitional alimony and permanent alimony as follows;
“While the award here was not expressly characterized as a temporary award, the plain meaning of the phrase “transitional alimony” and the clear intent of the divorce decree demonstrate that the award was not meant to be permanent. “Transition” is not synonymous with permanence, but rather relates to “a passage or movement from one state, condition, or place to another.” See Webster’s Third New Int’l Dictionary 2428 (1993). Therefore, the decree’s “transitional” award is, by definition, an award that is subject to change. Within the framework of this divorce decree, which calls for an alimony review after two years and following the exchange of information that would permit the calculation of a permanent alimony award, an award intended to be reviewed and changed cannot reasonably be viewed as permanent.”

Beal v. Beal, 2013 UT App 105
As you can see from this quote from the case there are different types of alimony and you need to make sure in your divorce that the right type of alimony is given depending on your facts in your divorce case. This is both true for the man or woman in the divorce. For example, if you are the one obligated to pay alimony you need to make sure that you categorize the alimony correctly to make sure you can make it tax deductible and to make sure you are paying under correct guidelines. If you do not have both in place you are set up to fail.
Our divorce lawyers at Arnold & Wadsworth are here to provide you with the professional service you deserve. The divorce attorneys at Arnold & Wadsworth stay current on divorce laws and divorce trends. Divorce involves all facets of the law and therefore you need the divorce lawyers at Arnold & Wadsworth. Call today (801) 475-0123 for a free consultation.

Child Support in Utah | Divorce Lawyers

December 16, 2012 By in Family Law, Family Law Attorney Utah Tags: , , , , , , , , Leave a comment

In Utah child support is calculated by a Child Support Table. A lot of attorneys call it a child support calculator. What some divorce lawyers in Utah forget is the child support table has a rebuttable presumption which means you can argue for higher or lesser child support. Child Support is calculated under Utah Code Annotated 78B-12-101 et al.

Under Utah Law income for child support purposes is defined as;

“Income” means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay. “Income” includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policies of any type;
(d) unemployment compensation benefits;
(e) workers’ compensation benefits; and
(f) disability benefits.
Utah Code Ann. § 78B-12-102 (West)
Therefore, even if you are on disability benefits it can still be used toward child support calculations. We receive a lot of phone calls to our office asking if a second job can count toward child support. The answer is no. The court will usually only use one full time job. However, this does not mean that if you consistently sell and buy stocks that such income could not be used in child support calculations. But most likely those types of income will be used in calculating such things as alimony. Depending on the income bracket you and your spouse are in when you combine your incomes. It is also important that if one of the spouses does not work that they are imputed for income for child support purposes. If you do not attribute an income then child support may be more if you are only person with income.
At Arnold & Wadsworth we have divorce lawyers that can help you with offices in Salt Lake City and Ogden Utah. Our divorce lawyers in Salt Lake City and Ogden can answer your questions and help make sure you are not taken advantage of. Call today for a free consultation at (801) 475-0123.
Arnold & Wadsworth is a divorce law firm located in Salt Lake City and Ogden Utah.

Arnold & Wadsworth is a divorce law firm located in Salt Lake City and Ogden Utah.

Myers v. Myers – Cohabitation Laws in Utah

October 27, 2011 By in Family Law, Family Law Attorney Utah Tags: , , , , , , , , , , Leave a comment

At Arnold & Wadsworth we have experience in dealing with cohabitation and alimony in the Utah Courts. We have experience with Depositions and Trials. Give us a call today for a free consultation at (801) 475-0123.

Myers v. Myers has finally been decided by the Utah Supreme Court and it has given us some answers and guidance as to what is cohabitation in Utah as it pertains to getting rid of alimony. In Myers the Court stated that a common domicile (house) needs to be established and that the relationship needs to have the “hallmarks” of a marriage. The key here is the work “hallmarks” and the use of that word with the Court. Some things that might give a picture of cohabitation or provide hallmarks could include;

  1. Shared financial responsibilities
  2. Lack of financial independence
  3. Help with maintenance on a home or residence
  4. Living as Husband and Wife
  5. Sexual Contact or intimacy
  6. Shared Assets
  7. Shared Meals
  8. Shared Decision Making
  9. Shared Space
  10. Storage of  Personal Items or Property
  11. Joint Use of Property or Personal Property
  12. Shared Household Chores

These are just some of the factors to consider. Remember the issue here is painting a picture of a couple that is living together as husband and wife but that are not married. Most likely this new case makes it so that a case to terminate alimony will have to go to trial and lessens the liklihood of settlement. On the other hand I believe this case opens up Petitions to Terminate Alimony to a Motion to Dismiss to quickly find out what evidence the other side has before heading down an expensive trail of attorney fees.

We offer a free consultation to prospective clients. If you feel your ex-spouse is cohabiting give us a call and we will gladly answer your questions. (801) 475-0123

Arnold & Wadsworth - Cohabitation Lawyers

Salt Lake City Divorce Lawyers, Ogden Divorce Lawyers, Cohabitation Lawyers in Utah, Alimony Lawyers in Utah

Free Consultation – Divorce Lawyer

October 6, 2011 By in Family Law, Family Law Attorney Utah Tags: , , , , , , , 2 Comments

As divorce lawyers we know that you have questions that you want answered before you hand over your hard earned money to have an attorney represent you in your divorce. This is why we offer a free consultation. We can do a free consultation over the phone or in person. We have offices in Salt Lake City and Ogden Utah. Both offices are in great locations to provide you with access to our divorce lawyers. Don’t be afraid to give us a call and talk to one of our attorneys. We want to earn your business and help you through your divorce. We can be aggressive and we can try and settle. We will advise you on what our legal opinion is but at the end of the day you have to make the decision. We want to make sure you have all the necessary information to make an informed decision to get it right. Give us a call today at (801) 475-0123.

Check out our full website.

Arnold & Wadsworth - Divorce Lawyer Solution

Divorce Modification in Utah – Arnold & Wadsworth

August 21, 2011 By in Family Law, Family Law Attorney Utah Tags: , , , , , , , , , 1 Comment

CALL FOR A FREE CONSULTATION (801) 475-0123

What is a divorce modification? This is when you have a significant change in circumstances that justify certain changes in your divorce decree. Some things you often see is changes in;

  1. Alimony – This is harder to do. Usually you have to show that something was hidden from you that did not enable you to fully assess what you alimony should be and that you had more of a need than you were allowed.
  2. Child Support – This comes usually every 3 years, or when income changes 30% up or down from what was entered in the decree. If you think that incomes have changed it is best to talk to a local family law attorney.
  3. Medical premiums – Sometimes you can do this through an order to show cause. But if someone looses medical insurance you want to make sure you are protecting yourself from future penalities.
  4. Moving more than 150 miles away – This usally happens when a Party gets remarried or finds a job out of state and a custody change needs to occur. These situations can be very stressful on you and your children. Make sure you have an attorney to help you through the situation.

These are a few of instances where a modification may be warranted. Do not forget to find a family law attorney near you that you can consult with.

Child Custody Lawyers in Utah

Alimony in Utah – Fault Consideration – Arnold & Wadsworth

July 4, 2011 By in Family Law, Family Law Attorney Utah Tags: , , , , , , , , , , , , , , Leave a comment

When going through a divorce fault may be a consideration by the court. In Mark v. Mark in 2009 this was examined in a more thorough manner;

To the extent the trial court’s alimony award was a consequence of his fault, Husband argues that the trial court erred in making the alimony award. Regarding Husband’s fault, the trial court made the following finding: “Although fault is an appropriate consideration in awarding alimony in addition to the [mandatory statutory] factors, the Court is mindful of the Utah policy that the purpose of alimony is to provide support, not to reward or punish.”  Mark v. Mark, 2009 UT App 374, 223 P.3d 476, 481
This brings out a good point in that alimony should not award or punish, yet fault can be considered. The case continues;
“The trial court correctly observed that courts may consider fault in fashioning alimony awards but that “[c]onsidering the fault of a party is distinct from punishing a party based on fault.” Christiansen v. Christiansen, 2003 UT App 348U, para. 9, 2003 WL 22361312 (mem) (emphasis added); see also Davis v. Davis, 2003 UT App 282, ¶ 9 n. 1, 76 P.3d 716. However, there is also some merit to the trial court’s implicit observation that this is merely a “distinction without a difference,” see Central Fla. Invs., Inc. v. Parkwest Assocs., 2002 UT 3, ¶ 17, 40 P.3d 599. In other words, if a trial court uses its broad statutory discretion to consider fault in fashioning an alimony award and then, taking that fault into consideration, adjusts the alimony award upward or downward, it simply cannot be said that fault was not used to punish or reward either spouse by altering the award as a consequence of fault. With this legal framework in place, trial courts are left in the difficult position of trying to determine what the term “fault” means, in what context, and what, if any, consequence fault should have on an award of alimony.” Mark v. Mark, 2009 UT App 374, 223 P.3d 476, 482
Therefore if fault is brought up, you want to make sure you make the correct distinctions in either arguing against it or for it. We have experience in arguing for and against alimony during the trial process. You need someone that understands both sides of alimony so that you can be better protected and better prepare for what the other party may argue. Call today for a free consultation.
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