Utah Recent Legal Answers from Lawyers

You need to get with an experienced family law attorney. A lot depends on the facts of your case, and what the current court orders state. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear that you are in such a mess. The cost will simply depend on how much work is needed to complete the case, and if there is anyone who disputes anything. It could be just a couple of hours, if everything is simple, to many more hours of work. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear about your dilemma, but things like this do happen. I am a solo attorney so I provide personal help to my clients -- there is only my assistant and me to talk with here. I am accepting new clients and I have over 30 years of experience to use in helping you. If you want some additional information, you can go to http://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml and http://www.hartwig-law.com/Family-Law/High-Conflict-Domestic-Cases.shtml. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

You are in a real mess, and I am sorry to hear that. You need to get moving very quickly, including fighting the eviction notice. As to the fault issue, you can proceed that way but overall it will not affect any alimony or property settlement. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

In Utah, there is a presumption for shared custody. The amount of time that she may have with the children depends entirely on the facts of the case (the extent of her illness, for example) and how committed you are to actively protecting your children. It is sometimes possible to be awarded sole custody, if that is what you are interested in; but, she will have some amount of parent-time, again depending on all of the appropriate facts. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

The answer is: it's not exactly knowable. Unlike statutory guidelines that base child support upon an algebraic equation involving the parents' respective gross incomes, number of children, and how many overnights each child spends with each parent, alimony is far more subject to the discretion and judgment of the judge assigned to your case. Here, for example, is the statutory formula followed to calculate child support: [image: Inline image 3] [image: Inline image 7] Here is the code section that determines the duration of child support generally: Utah Code Section 78B-12-219 (Adjustment when child becomes emancipated) (1) When a child becomes 18 years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order. But here is the sum total of the statutory elements for determining alimony (as you will see as you read it, there is no precise formula or even one single kind of formula for determining the amount or duration of alimony): Utah Code Section 30-3-35(8 through 10): (8) (a) The court shall consider at least the following factors in determining alimony: (i) the financial condition and needs of the recipient spouse; (ii) the recipient's earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage; (v) whether the recipient spouse has custody of minor children requiring support; (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage. (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; (iii) knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor children. (d) The court may, when fault is at issue, close the proceedings and seal the court records. (e) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (f) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living. (g) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If... Read Answer

The answer to this depends on the facts, and the documentation you have to show what was to be done. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I'd have to review the actual documents from the bank to see exactly what the bank said. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal representative appointed. Then that person can pursue any such claims on behalf of the estate. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715... Read Answer

This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal representative appointed. Then that person can pursue any such claims on behalf of the estate. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715... Read Answer

This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal representative appointed. Then that person can pursue any such claims on behalf of the estate. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715... Read Answer

I'd have to review all of the documents associated with the initial offerings, communications during negotiations, offers, acceptances, and closing documents between you, the sellers, the seller agents, and any other person or entity involved in the negotiations and sale. If you are interested, these are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer

Under Utah intestacy laws (meaning no will),in a step-parent situation, the surviving spouse is entitled to the first $75000, ,plus one-half of the remainder of the estate. If the estate is less than $75000, your step-dad is correct, he gets it all. However, if the estate is more than $75000, you and your siblings get one-half of what's left.... Read Answer

That all depends on the type of account, and whether there were any contributions made during the marriage. If you are talking a out social security accounts, then you would get another different answer. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
... Read Answer

From what you say, I have doubts that your brother is entitled to everything that he has taken. Has there been a probate case opened to handle your father's estate? Was there a Will? Or, is your brother just grabbing everything without any rights? While I am sorry to hear about your loss, I also don't like seeing people just grabbing things upon the death of a loved one. You need to get this matter reviewed, and assert your rights. And, assuming that what you say is true about the bank account, then that money should be yours. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
... Read Answer

You list a number of allegations, but no real facts. To provide any sort of an answer, one needs to review the trust document itself, review the probate case, review the property involved to see if it is in trust or not, and the various transactions to which you refer. These are factual issues that we can discuss to see what might be done for you. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer