Alimony Divorce Case | Salt Lake City Alimony Lawyer

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

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.

Utah Divorce Attorneys and Lawyers – Arnold & Wadsworth — Arnold & Wadsworth

Utah Divorce Attorneys and Lawyers – Arnold & Wadsworth — Arnold & Wadsworth.

This is our latest post on our website. We are a divorce law firm. We have a team of attorneys to help you with all of your divorce needs.

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Does it matter who files first – Divorce in Utah

FREE CONSULTATION (801) 475-0123

 

Does it really matter who files first in a Divorce in Utah?

Answer – Not Really

The only time that it really matters who files first is when your case goes to trial. The reason is the Party (person) who filed first puts their case on first, and then they can present rebuttal witnesses after the other Party (person) presents their case. So in essence they almost get two bites at the apple. Still there really is not distinct advantage to filing first.

Another advantage may be that if you file first you can control the timeline of your divorce a little more than your soon to be ex-spouse.

All of these considerations do not give the Party that files first a real “advantage”. Remember to always move your case along in Court. The reason for this is because the Courts get bogged down, and time moves by quickly.

We are Arnold & Wadsworth and we offer a free initial consultation. Give us a call today at (801) 475-0123.

Arnold & Wadsworth - Divorce Law Firm

Salt Lake City Divorce Lawyers – (801) 475-0123

FREE CONSULTATION – (801) 475-0123

Arnold & Wadsworth

 

The discovery rules for divorce cases in Utah are changing on November 1st. The reason this is good is because it will force both parties to be honest as it pertains to financial records. This will enable you to make better decisions when it comes to settling your divorce at mediation.

This will also enable your attorney to be more effective. When our law firm goes through the discovery process we are very thorough. We try to minimize the possibility that your spouse is hiding key assets from the divorce proceedings. However, our best asset is our clients. You need to be involved with your attorney throughout the process to better enable them to do their job. If you attorney is charging you for every little phone call, email, etc. then you need to have a talk with them about them being effective without your input. This is your divorce, therefore you need to have success. Give us a call today and see what we can do for you.

Salt Lake City Divorce Lawyers

Arnold & Wadsworth SLC Utah

 

Helping Clients in Salt Lake City, Ogden, Layton, Sandy, Draper, Kaysville, West Jordan, Provo, Orem, and other Utah Counties.

Divorce Law in Salt Lake City – Arnold & Wadsworth

Divorce law in Utah can be complicated and logical at the same time. At Arnold & Wadsworth we have an office in Salt Lake City in order to meet your needs. We can help you through your divorce in a timely and aggressive manner. If you and your husband or wife have agreed to certain terms of your divorce we will make sure that we incorporate what you want when we represent you. We will tell you of your rights and what possible outcomes could be, but at the end of the day the decision are yours to make. Give us a call today for a free consultation at (801) 475-0123.

Check out or Divorce Website.

 

Salt Lake City Divorce Lawyer – Arnold & Wadsworth

Arnold & Wadsworth Divorce Website

We know that Divorce and Family law can be stressful. We know that having an attorney that you trust and have confidence is of paramount importance. We are here to help. A major part of Arnold & Wadsworth is family law. We have different attorneys that can help with different situations. We have helped clients all over Utah. We offer a free consultation for potential clients. We want to earn your trust, take advantage of the free consultation.

Helping clients in Salt Lake City, Salt Lake County, Davis County, Layton, Ogden, Kaysville, Bountiful, Centerville, Syracuse, West Point, Weber County, Ogden, South Ogden, Washington Terrace, Sandy, West Jordan, South Jordan, Murray, St. George, Utah, Family Law, Divorce, Custody Lawyer.

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