Fault In Divorce Isnt A Determining Factor For Whether Or Not Alimony Is Awarded: False
Actually, Utah is a fault state, and the legislature defined fault a few years ago so that you could more specifically allege fault. Fault may be a factor under consideration for how much alimony is ordered.For example, if adultery, desertion, or neglect was a factor in why the couple is getting divorced, it is up to the courts discretion if that is factored into alimony calculations. However, Utah Supreme Court has insisted that fault cannot be used to punish and thus, it is only used in very limited specific circumstances.
What Is The Duration For Rehabilitative Spousal Maintenance
Rehabilitative maintenance is subjected to statutory limits of duration. Generally, the law allows alimony to last for 5 years for marriages that lasted between 10-20 years. For marriages that lasted 20-30 years, the law requires the support period to last for 7 years. For marriages that lasted for more than 30 years, the law requires spousal maintenance to last 10 years.
In all cases, the maintenance award should not be 20% of the paying spouses gross income and not above $5,000 per month. It is also worth noting that in all cases, the court is required to award only the least amount and duration of spousal maintenance that is necessary for a spouse to earn enough income and satisfy their reasonable needs.
Illegal And Legal Ways To Avoid Paying Alimony In Utah
More likely than not, a spouse may attempt to either falsely appear impoverished or even voluntarily impoverish himself or herself in order to avoid paying alimony. But such attempts to avoid paying spousal support are illegal in Utah and will not get you far.
Still, there might be legal options available to avoid having to pay alimony to your spouse in Utah:
- The financial condition and needs of your spouse do not meet the required threshold under Utah law
- Your spouseâs earning capacity allows him or her to earn a living and produce income on their own
- Your spouseâs work is not affected by her or his need to care for your children
- You do not have the ability to provide alimony
- You were not married for very long
- Your spouse does not have custody of the child requiring support
- Your marriage ended because of your spouseâs fault or
- Your spouse is cohabiting with another person, who has the ability to satisfy your spouseâs financial needs.
If you want to find legal ways to avoid paying alimony to your spouse, consult with a Salt Lake City alimony attorney Emy A. Cordano. Get a legal consultation by calling at .
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When Alimony Is Awarded It Is Usually On A Permanent Basis: False
The length of alimony is different in each case, however Utah law mandates that a spouse may receive alimony for up to the number of years that the marriage lasted. So if a couple was married for 15 years, alimony could be awarded for up to 15 years. This is up to the discretion of the court. If the spouse receiving alimony gets remarried or is cohabiting alimony obligation ends.
Understanding Utahs Alimony Law
One of the most contentious issues that often arises during divorce is alimony, which is sometimes also referred to as spousal support or maintenance. Essentially, alimony is a court-ordered legal obligation for one spouse to pay support to the other spouse. One purpose of alimony is to help ensure both spouses standards of living are reasonably close to what they enjoyed during the marriage.
At The Law Office of Eric P. Paulson, we understand the complexities of alimony law in Utah. No matter whether you are requesting alimony or disputing it, we can help explain your options and assist you in finding an effective legal solution.
What Are The Grounds For An Annulment In Utah
An annulment is a court decision that a marriage was not valid at the time it took place. This differs from a divorce, which is a termination of a valid marriage.
The three main grounds for annulments are: lack of capacity, fraud and lack of disclosure.
Lack of capacity means that for some reason the person was legally incapable of marrying for example, the person was under-age, or not finally divorced from a previous spouse, or mentally defective or too drunk to know what he or she was doing.
Fraud may be grounds for an annulment where a substantial and material untruth actually influenced the decision to marry such as, a woman tells a prospective spouse that she is pregnant with his child and this is untrue, or a man falsely tells his prospective spouse that he is the president of General Motors.
Lack of disclosure may be grounds for an annulment where a substantial and material fact is not disclosed prior to the marriage such as, if a spouse fails to reveal several previous marriages, or a serious criminal history. If a party can establish to the courts satisfaction that he or she would not have entered into the marriage if this important fact had been disclosed, an annulment may be granted.
After age 18, men or women in Utah can marry without parental permission.
May I Get A Restraining Order In The Divorce
Yes. If you feel that the other party is harassing you, you may ask the court to enter a restraining order and say what you want the other party to be restrained from doing. A typical order might state: John Doe should be restrained from bothering, harassing, annoying, threatening, or harming Jane Doe at any time or any place. Note: Unlike the protective order discussed above, violation of a restraining order is not a crime. It is contempt of court and must be enforced by the Court.
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I Would Rather Pay A Property Settlement Rather Than Alimony: False
The saying money is valued more now than later rings true. Giving a spouse more money in a property settlement rather than wanting to pay alimony monthly for a set number of months is not necessarily the best. You should ensure you discuss with a qualified family attorney about what is the best situation for you.
Alimony is very subjective and hard to figure out on your own. You need to ensure you consult with a competent family law attorney that can help you come to a fair and reasonable resolution. At CoilLaw, LLC, Salt Lake City Alimony attorney Jill Coil understands elements of alimony to help you achieve the best settlement and/or result possible. At CoilLaw we are ready and available to help you through your divorce action. If you need legal advice concerning a Utah family law issue, call Jill Coil at CoilLaw LLC today.
Are Court Files In Divorce Cases Open To The Public
In general, most divorce documents are private and not open to the public. However, the final Decree of Divorce is available to the public.
Except upon a court order, your entire divorce file may be examined only by the parties, their attorneys, the court, and, in some cases, the Office of Recovery Services .
Hearings in divorce actions are open to the public. However, members of the public rarely, if ever, attend such proceedings. If sensitive information or testimony is to be presented in a hearing, the judge may exclude the public.
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How Does A Spouse Qualify For Alimony In Utah
In Utah, spousal support is gender-neutral and either spouse can request alimony during the divorce process. When deciding the type, amount, and duration of support, the factors to consider are:
- Can the paying spouse maintain their financial independence while supporting the former spouse?
- What are the actual economic needs of the supported spouse?
- Is the supported spouse the custodial parent of children that require child support?
- What is the supporting spouseâs earning capacity?
- Did the supported spouse lose any work experience, skills, or other potential earnings while caring for the children of the marriage?
- How long was the couple married?
- Did the supported spouse work in or own a business operated by the paying spouse?
- Did the supported spouse contribute to the higher income of the paying spouse by way of education, job training, etc.?
- Was there any marital misconduct that caused the dissolution of the marriage?
- Child abuse & Others
Although Alimony May Be Awarded Or Agreed Upon In The Original Divorce It Is Not Permanently Unmodifiable
The court has continuing jurisdiction to modify alimony awards if the financial situation of one or both parties changes substantially and materially after the original divorce decree is entered, and that change was not foreseen at the time the decree was entered.
A recent case sheds some light on this predicament. Earhart v. Earhart, 2015 UT App 308.
In Earhart, the payor spouse, which happened to be the husband, filed a Petition to Modify alimony because he had suffered a reduction in his income. The original alimony amount was set at $4,000 per month, and was set to last for five years. Husband was also required to pay child support in the amount of $3,200 per month, along with other financial obligations owed to wife, all of which amounted to $15,000 per month.
Husbands income went from $22,000 per month at the time of the divorce to $15,000 per month at the time he filed his Petition to Modify. Husband claimed that the reason his income went down was because the business he owned required him to focus more on client development and marketing the business more than billing clients, which reduced his earning capacity for the longer-term well-being of the business he owned with his father.
Husband was required to spend more time acquiring new clients, which came with a lower income, as opposed to billing clients, which allowed him to earn a higher income.
Our consultations are always free, and our fees are reasonable.
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May I Get An Order To Help Me Live Until I Am Divorced
You may ask the Court to have a hearing to set temporary orders that will last while the divorce is pending. The court will not enter temporary orders without you taking the divorce orientation class and a hearing. However, they will usually try and schedule a hearing as soon as they can. This may be helpful if you have children so they can be taken care of with child support orders and visitation.
Does Alimony Automatically Stop
Unless a Utah divorce decree specifically states otherwise, alimony automatically ends upon the remarriage or death of the receiving spouse. Alimony also stops when the paying spouse proves to the satisfaction of the court that the receiving spouse has cohabited with another person. Cohabitation requires much more than just spending the night, or the weekend, together, and can be difficult to prove. To terminate alimony based on cohabitation, you will want to retain the services of a good Utah divorce lawyer.
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Other Types Of Spousal Maintenance
What Happens To Child Support If The Child Only Temporarily Moves In With The Non
Utah law does provide for a temporary abatement of child support if the child temporarily resides with or visits the non-custodial parent for a period of time.
As per Utah law, if the child resides with or visits the non-custodial parent for at least 12 of any 30 consecutive days and over-nights, the amount of child support due and payable to the custodial parent for that period for that child would be reduced by twenty-five percent.
Likewise, if the child resides with or visits the non-custodial parent for at least 25 of 30 consecutive days and overnights, the amount of child support due and payable to the custodial parent for that period for that child would be reduced by fifty percent.
Normal visitation and holiday visits with the custodial parent are not considered an interruption of the consecutive day requirement.
In either case above, the per child amount of abatement shall be calculated by dividing the current base child support award by the number of children included in the award. If child support is withheld using the Utah State Office of Recovery Services and/or another state agency administering Universal Withholding, notice should be given of the extended visitation and the reduction of child support for that period of extended visitation.
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Alimony In Utah Divorce Cases
For divorcing couples, alimony is often a highly contentious issue. In the most common situation where alimony is at stake, one of the couples is a high earner, and the other is a relatively low earner.
Upon divorce, the higher earner believes that since the marriage is over, he should no longer be required to financially support the other spouse.
At the same time, the spouse making a claim for alimony believes that her years of sacrifice and contributions to the marriage warrant compensation and support even after the marriage is over.
Utah law allows for alimony to be awarded, and in most cases, an alimony settlement will be reached that both parties agree is fair in both the amount and the duration. If the case goes to trial, the judge will apply the alimony statute Utah Code 30-3-5- and a number of appellate cases to determine whether alimony should be awarded, how much should be awarded, and how long the alimony should be paid.Although there is some disagreement among the courts and practitioners, a spouse seeking alimony must first be able to establish a financial need for alimony before it can be awarded. This showing is usually made by producing a financial declaration and the supporting documents that show that the spouse making a claim for alimony has reasonable expenses that exceed the spouses capacity to financially support herself.
Speak To A South Jordan Alimony Lawyer Today
Alimony laws are a complex legal matter. Having a South Jordan spousal support attorney from Carr | Woodall on your side while handing alimony issues can make a significant impact on how much you will receive or have to pay. Please dont hesitate to contact our firm if you have questions or concerns about your alimony case.
If you find yourself facing an alimony issue, please call 988-9400 to speak to one of our South Jordan attorneys.
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Factors The Court Considers Including Length Of Marriage Domestic Violence And Adultery
Outside child custody, child support and the division of property, the issue of alimony is a hot button in many divorces. Also known as spousal support, alimony in Utah may be requested by either party. Though it is usually announced in your divorce decree, it also may be awarded temporarily while your divorce proceeds. Our Midvale, UT attorneys at Huntsman | Lofgran | Walton | Easter pllc know the ins and outs of spousal support and aggressively represent your best interests before the court.
What Is The Divorce Parenting Class
The Utah Legislature determined that in divorces when minor children are involved, the best interests of the children would be served by providing education for the parents as to how children are affected by a divorce. A Utah law, effective in 1994, requires that both parents in divorces involving minor children must attend a two hour Divorce Parenting Education Class. In 2008, an additional one hour Divorce Orientation was added to this requirement.
The Divorce Parenting Education Class and Divorce Orientation are required in every divorce in Utah involving minor children. Both parents must attend. The parents do not have to attend the class together. There is a fee for the classes for each person). The class is offered several times per month in various locations throughout the state. If a person cannot personally attend the class they may watch a video tape of the presentation.
The one hour Divorce Orientation course educates the parties of a divorce action about divorce and its alternatives. It informs the parties about:
- Resources to improve or strengthen the marriage.
- Resources to resolve custody and support issues without filing for divorce.
- The positive and negative consequences of divorce.
- Procedural options in a divorce, including mediation, collaborative law, and litigation.
- The divorce process.
- Post-divorce resources.
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