Utah Recent Legal Answers from Lawyers

What you need to do is have the divorce decree reviewed to see what it says about his parent-time and his responsibilities. You may be able to take your ex back to court to force compliance with the physician's medicines and schedules. But, you will also need to show that you have properly provided full information to your ex. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the inititial consultation, feel free to telephone, or email, my office. David R. Hartwig 801-486-1715 drhlaw@ix.netcom.com... Read Answer

That is a problem. You might be able to seek a modification of the orders to see about some kind of reconciliation, or similar process. I offer an initial consultation, 1/2 hour without charge. As you are outside of Utah, we could handle that via telephone. Should you be interesed in consulting on this problem, please contact my office to set an appointment. David R. Hartwig 801-486-1715... Read Answer

In theory, yes. But presumably the city posted notices prior to creating the park. I'd have to review all of the various documents associate with the park, including public notices, to see if there is anything to be done. If you are interested in that review, please feel free to contact me.... Read Answer

I am sorry to hear about your situation. I may be able to help you. I will need to see your initial custody orders, and all of the various documents associated with this problem.I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my office to set an appointment.David R. Hartwig801-486-1715... Read Answer

Your mother's estate is responsible for her debts, not you. This means that you need to use her estate to pay off er debts, but if there is not enough to pay all of them off, you just need to negotiate with her creditors and pay what you can. What can't be paid for out of her estate does not get paid. If you keep the car, you can just keep making the payments until your credit is better, and I doubt the lender will say anything. If you do not change the title of the car to your name, and get pulled over, you can be charged with improper registration, so I would change the title as soon as possible.... Read Answer

You say that you received a check from sone entity, but you don't say who it was or if you had any relationship with that entity. You say that you negotiated the check. You say that someone telephoned and told you the check had been issued in error as it was to be for a different company unrelated to yours. Did you independently verify that allegation? So if that is all true, then why did you negotiate the check in the first place? If it was actually from some entity to which you have provided some services or goods, why did you not verify the alleged error? Based on your answers, the response from me would vary.  ... Read Answer

Generally the divorce decree controls, after that, statute which usually shares Christmas. I'd need to review that to really be able to answer your questions because their could be something out of general practice in your orders. Without reviewing your decree, the other attorney might be right ... but then again, he may be wrong. Either get with your original attorney to review the decree, or I could assist you in that. If you want, do telephone for an appointment to review your decree. David R. Hartwig 801-486-1715... Read Answer

Sounds like you are in a mess, and I hope that you have a paper trail to back up what you say. Worst case scenario is that you would have to file a lawsuit to obtain a judgment for the payment. Before doing anything, I'd need to review you paperwork and discuss the details of the facts with you. I may be able to help, if you are interested. David R. Hartwig 801-486-1715... Read Answer

Okay, this is a complex issue, and I have a number of questions. Was the trust joined in the divorce action? Who is the trustee? Without reading the stipulation and the trust I cannot answer your questions. I see no reason to require the ex to "join" the trust, nor am I aware of proceedures to "join" a trust. Your mother needs to get with a new attorney, as hers has quit, to learn exactly what is going on and how to accomplish the goals set out in the stipulation. I may be able to help, should she be interested. David R. Hartwig 801-486-1715... Read Answer

She needs to petition to have the executor removed and replaced. The will does not give the executor to basically set up a trust, and she can file a petition to replace the executor with the someone who will adhere to the will. If the estate is intestate because the will is not valid, she can still petition to replace the executor.... Read Answer

The residency requirement in Utah is only three months. I don't know what it is for California, as you have moved. Generally you can file either where you reside or where the other spouse resides. Are there any chidren? If so, where are they residing? That would have a bearing on which state has jurisdiction to determine custody. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my office to set an appointment.David R. Hartwig801-486-1715  ... Read Answer

Kcrystal, I am sorry to hear about your situation. A divorce with a young child can be difficult and emotionally draining; as well as having to put up with the change of custody. I may be able to help you.I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. The is no charge for that initial consultation.Should you desire to have a consultation, please telephone my office to set an appointment. David R. Hartwig801-486-1715... Read Answer

You don't state whether you are married or not. That may have bearing on matters. Where to start? You start with hiring an experienced family law attorney who will review your case, make appropriate plans of action, and put those plans in place. Custody can be difficult to fight, and there are many ways you could be tripped up. I know, as I have handled a number of custody cases, including in your area. If you want more detail on custody, go to http://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml We should probably get together to discuss your issues, and circumstances. I offer a free initial 1/2 hour consultation, which we can handle by telephone if you want. From what little you say, the case might be in the Ogden court, but I'd actually need more facts. So, if you want to get moving on this, give a call to schedule an appointment and let us see what we can do.   David R. Hartwig 801-486-1715... Read Answer

Patricia,   From what I am reading, being married you cannot accomplish your goal. If, as you say, you are ready for a divorce, then you have many options, including the potential for alimony. There is also the issue of the marital assets, which may well include any he has. I have some questions about the business in which you invested your funds. You provide no details, and depending on the facts, there may be some options there. What we should do is meet to discuss your situation, and review a number of additional facts that are currently not provided. If you want some additional information, please review http://www.hartwig-law.com/Family-Law/Property-Division.shtml and http://www.hartwig-law.com/Family-Law/Retirement-Investment-Accounts.shtml. With this being a holiday weekend, my office is closed tomorrow, Friday. It will be open this coming Monday. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my my office this next Monday to set an appointment.David R. Hartwig801-486-1715... Read Answer

I do not understand why you continue to pay child support, and hide the fact that the child lives with you from ORS, a state agency. Arguably, that could be considered fraud. Plus why are you paying when you should be receiving? What you need to do is change the custody and support orders to reflect reality. Then the father's threats would be empty, and you would be receiving support. I can help you in this matter. I have handled a number of cases like this, and been successful. As the child has been living with you for two years, that fact should be easy to prove and would support changing custody to you, as well as granting you child support. There is no reason to wait, and suffer through more threats or pay more child support. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my office this Monday (today is a holiday and the office is closed), to set an appointment.David R. Hartwig801-486-1715... Read Answer

Thank you for your question, and I am sorry that you and your spouse are having to experience these problems with your step-son. Your question needs to be changed a bit, for you are not fighting to gain custody, but to change custody. That fact makes things potentially more difficult, as custody has already been ordered. But, the fight is not impossible. I have handle quite a number of these types of cases and the chances of success depend on the facts. From your facts, the outcome looks more favorable, assuming that those are all relatively new facts and that you move quickly on them. If you wait, then you are implicitly condoning the bad behavior. To protect the child, you need move quickly when the events occur, the so-call strike while the iron is hot idea. I can assist you in this, and offer a free initial 1/2 hour consultation should you and your spouse want. That will give us a chance to meet, discuss the situation, and see if we feel comfortable working together. David R. Hartwig 801-486-1715... Read Answer