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Waste of the Marital Estate

Waste of the Marital Estate

When a spouse grossly misuses property of the marriage, to include cash or money earned by either of the spouses, this is termed "waste of the marital estate." Examples of waste of the marital estate include, but are not limited to money spent on extramarital relationships or gambling. Marital assets expended on habits or hobbies by one spouse that may be distasteful to the other spouse does not necessarily constitute waste of the marital estate. The big exception to the rule with regards to waste of the marital estate is when the other spouse has held silent and not done anything to stop the ...

Single Parent Adoption

Single Parent Adoption

Today I received a call from a single mother who expressed an interest to adopt. In Utah, single parent adoption is contemplated in the law. This single mother explained that she has one child but does not have significant financial resources. One of the factors that is looked at by an adoption study evaluator and the courts is the prospective adoptive parent's ability to financially support the prospective adoptive child. The single mother I spoke to remained anonymous, and I did not gather her specific financial situation and condition. I discussed the fact that there are generally three methods of adoption: ...

Calculating Alimony

Calculating Alimony

Divorce clients appropriately ask about how alimony is calculated. In Utah, there is no specific formula for alimony as there is for child support. The most accurate outline for how alimony is determined is the law itself, which can be found by Clicking Here, specifically paragraph (8). The application of the law to every case is different because, obviously, the facts are different. Application of your facts to this law is what constitutes legal advice, so you should seek legal advice when you want to determine what alimony you may have to pay or may be able to get. Generally the ...

Comingling of property in the marital estate

Comingling of property in the marital estate

The biggest difficulty in separating out each spouse's property and/or debts from marital property, or the "marital estate," is that most times spouses will commingle their property and/or debts during the marriage. Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt as separate from the marital estate, it is most likely that the property or debt will not be considered as separate but as marital. When married couples combine their finances, the property and/or debt becomes marital and not separate. A party should not believe that commingling ...

“I don’t understand zero”

I don't understand zero

There is a saying going around our community of family law practitioners that was started by a domestic commissioner here, "I don't understand zero." A parent will be hauled into court for failure to pay child support. The parent will say that they have lost their job, or their income has been reduced for some reason or another, and they just can't pay child support. The commissioner's response, " I don't understand zero." This statement doesn't come when a parent has been making some kind of payments, even if it is not the full amount that is owed. At least the parent ...

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