Utah Family BLAWG

Recent Posts from Utah Family BLAWG

• Custody, Petition to Modify: No Bifurcated Trial for Petitions to Modify

  Doyle v. Doyle, 2009 UT App. 306, (Utah Court of Appeals, October 29, 2009). Husband and wife’s stipulation included an automatic change to custody if mother were to move back to Salt Lake City. When…

• Common Law Marriage: Ongoing Cohabitation Not a Requirement of Common Law Marriage

  Richards v. Brown, 2009 UT App. 315, (Utah Court of Appeals, October 29, 2009).Common Law Marriage. The trial court summarily denied Richard’s petition to recognize a common law marriage because more than one year had…

• Protective Orders: Failure to Request an Evidentiary Hearing is Wavier, Stale Abuse Coupled with New Threats is Admissible

  Hedgcock v. Hedgcock, 2009 UT App. 304, (Utah Court of Appeals, October 22, 2009). Wife obtained an Ex Parte Protective Order. At the hearing, the commissioner recommended that the court enter a permanent Protective Order.…

• Custody and Visitation: Upon Divorce, Ex Stepparents Have No Standing to Petition Visitation

  Strauss v. Tuschman, 2009 UT App. 215, (Utah Court of Appeals, August 6, 2009).Stepfather developed a parental relationship with Daughter, a child from Mother’s prior relationship. Upon separation, Stepfather requested visitation with the child. Mother…

• Divorce: Stipulations are NOT binding on the Court—Arbitration of child custody disputes is against public policy.

  Bryner v. Bryner, 2009 UT App. 217, (Utah Court of Appeals, August 6, 2009).The parties reached a stipulation. However, neither the parties nor the mediator put the agreement in writing. Later the parties did not…

• Failure to Marshal=Dismissal; Inheritance=Separate Property; Encouragement≠Enhancement; Repository≠Comingling; Forgery=Unjust Enrichment;

  Kimball v. Kimball, 2009 UT App. 233, (Utah Court of Appeals, August 27, 2009). Prior to the case analysis, the Court summarized the marshaling requirement. In short, when marshaling the evidence the appellant must provide…

• Paternity: Failure to Comply Strictly with the Statute = Waiver Temporary Residence is a Qualifying Circumstance Appeals: Failure to Preserve the Iss

  O’Dea v. Olea, 2009 UT 46, (Utah Supreme Court, July 28, 2009). Father appeals district court’s order dismissing his paternity claim. Mother and Father had separated before Father learned of the pregnancy. Mother told father…

• Child Support: Social Security Benefits are Not Included in Income for Child Support Calculation

  Wolfe v. Wolfe, 2009 UT App. 186 (Utah Court of Appeals Memorandum Decision July 9, 2009)Trial court included Father's Social Security Benefits in the Child Support Calculation. The Office of Recovery Services appealed. The Court…

• Prenuptial Agreement: Interpreted as any Other Contract

  Levin v. Carlton, 2009 UT App. 170 (Utah Court of Appeals, June 25, 2009). Trial Court found that the prenuptial agreement governed the parties' divorce. Wife appealed to the Utah Court of Appeals. She argued…

• Child Support: Child Support Follows the Child

  Hansen v. Hansen, 2009 UT App. 152, (Utah Court of Appeals, June 11, 2009). Trial Court denied Father's Petition to Modify Child Support. Father appealed to the Utah Court of Appeals. Father argued that his…