Will Utah Law Allow me to Pursue a Request to Modify a Custody Order?
Sometimes, after parties receive a final Decree of divorce (or parentage), one or perhaps both parties later wish to amend the Decree based on a change in circumstances with the parties or their children. At Daniel W. McKay & Associates, we assist our clients with this type of proceeding regularly. A party may receive…Read More
Is My Spouse Allowed to Withdraw Funds from our Joint Bank Account During our Utah Divorce?
At the onset of a married couple’s separation in Utah, the parties might feel like there are more questions than answers when it comes to the temporary status of the parties’ funds, assets, and properties, prior to a final decree of divorce being signed by a judge. Those questions often include: Am I allowed to…Read More
If I’m Retired, Am I More Likely to Receive Alimony?
As you might have read about in some of our previous blogs, alimony – also known as spousal support – is sometimes awarded to a party in a divorce proceeding. An alimony award may be impacted by the court’s consideration of whether to “impute” income to the spouse seeking alimony. Imputing income is when a…Read More
Can a Parent Lose their Parental Rights Based on a Procedural Deficiency in their Response to a Petition for Adoption?
Under Utah law, parents have a fundamental right to parent their children. The Utah Termination of Parental Rights Act states: “Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s child.” Utah Code Ann. §78A-6-503(1). Typically, a…Read More
How Much Parent-Time Will I Be Awarded If My Ex-Spouse Receives “Sole Custody?”
When joint physical custody (i.e., when a child spends more than 30% of overnights with each parent), is considered but not determined to be a viable option in a divorce or parentage case, a Utah Court may award “sole physical custody” to a primary custodial parent (i.e., the child spends less than 30% of the…Read More
What Does it Mean to Be “In Contempt of Court?”
We’ve all heard the phrase “contempt of Court,” whether it be from a courtroom scene in a television show, or a neighbor talking about their real-life lawsuit. But what does being “in contempt of Court” actually mean? Generally speaking, when someone is “in contempt of Court,” it means they have been disobedient or disrespectful to…Read More