The 4 Best Ways Ensure Fair Child Support

Child support is one of the only certainties you can expect when getting a divorce or establishing custody.  Although you cannot avoid child support, there are a few ways you can affect how much you actually have to pay directly to the custodial parent or to the Office of Recovery Services. Here are five ways […]

How Much Of Your Time Can A Cop Waste?

A police officer cannot indefinitely detain you during a traffic stop. They also cannot dither about and waste your time. According to State v. Baker, a police officer can only keep you long enough as is necessary “to effectuate the purpose of the stop.” For instance, if they pull you   over because of a traffic violation, […]

Is The Exclusionary Rule Constitutional?

You may be familiar with the exclusionary rule, and how beneficial it is to a defense in a criminal matter. You may not be aware of the fact that it’s not a constitutional guarantee in Utah, or at least not one that is firmly rooted. In the recent Utah Supreme Court case, Utah v. Rowan, […]

Terminating Alimony Because of Cohabitation

Terminating alimony can be a complicated issue. In most circumstances, it terminates in only a few ways: The recipient spouse remarries. They no longer have need. They cohabit with another person. If the recipient spouse remarries, alimony typically terminates automatically, unless the decree states otherwise. Where there is no need or there is cohabitation, you […]

Utah Needs Its Own Family Court

The current system in Utah for dealing with divorce and other domestic issues is that it must go through commissioners who act as gatekeepers to the assigned judge. Cases are under the jurisdiction of the District Court, and if a case ever makes it to trial, a judge will ultimately rule on it. The Utah […]

UCCJEA – What You Need To Know About Jurisdiction

The UCCJEA is a complicated set of Utah Statutes that govern divorce and custody matters that cross state-lines. At this point, every state in the union has adopted this set of rules in some form. The first question that gets asked in such a case is whether Utah has jurisdiction to hear the case. Let’s […]

Double Jeopardy Developments

  The Utah Court of Appeals has weakened double jeopardy protection. What was once meant to protect individuals from government prosecution a second time has become weaker because of a recent decision. My personal philosophy is that we should always have more protection than less, regardless of the actions we take. The government should have […]

How to Modify Child Support

Child support is not meant to be static. Just like incomes are expected to increase over time, so too is child support. Conversely, if you are experiencing tough times, you’re going to want to reduce child support. This article will help you understand how to modify child support. How to Start In order to get child […]

Do I Need An Attorney?

If you are experiencing legal problems, you may be asking yourself whether you need an attorney. You are likely worried about cost. Whether to hire an attorney typically comes down to a cost/benefit analysis. Keep in mind that sometimes the cost is more than simply money. This article will go over a variety of legal […]

What To Do When You Can’t See Your Child – Custodial Interference

Custodial interference is where a parent refuses to honor a parent time order. Parents not following a parent time order are at risk for custodial interference. If you do not have an order, there is no custodial interference. This article will help you understand what you need to do if the other parent is refusing to […]