Utah Divorce and Family Law Blog 2006-10-26T20:41:11Z tag:www.utahdivorceandfamilylaw.com,2006://186 Movable Type Copyright (c) 2006, Greg Stevens Information from the Federal Trade Commission 2006-10-26T20:41:11Z 2006-07-06T19:10:23Z tag:www.utahdivorceandfamilylaw.com,2006://186.49020 2006-07-06T19:10:23Z The Federal Trade Commission has a publication that addresses the issues involving debt and credit that people may face as a result of a divorce. You can find that publication at the following address: http://www.ftc.gov/bcp/conline/pubs/credit/divorce.htm... Greg Stevens utlaw@aol.com Debt Issues for Divorced Individuals The Federal Trade Commission has a publication that addresses the issues involving debt and credit that people may face as a result of a divorce. You can find that publication at the following address:
http://www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

]]> Child Custody Tax Issues 2006-10-26T20:41:10Z 2006-07-06T19:08:54Z tag:www.utahdivorceandfamilylaw.com,2006://186.49019 2006-07-06T19:08:54Z http://www.irs.gov/faqs/faq-kw30.html... Greg Stevens utlaw@aol.com http://www.irs.gov/faqs/faq-kw30.html

]]> Alimony Paid 2006-10-26T20:41:09Z 2006-07-06T19:07:30Z tag:www.utahdivorceandfamilylaw.com,2006://186.49018 2006-07-06T19:07:30Z http://www.irs.gov/taxtopics/tc452.html... Greg Stevens utlaw@aol.com Tax Issues for Divorced and Separated Individuals http://www.irs.gov/taxtopics/tc452.html

]]> Alimony 2006-10-26T20:41:09Z 2006-07-06T19:06:29Z tag:www.utahdivorceandfamilylaw.com,2006://186.49017 2006-07-06T19:06:29Z http://www.irs.gov/faqs/faq-kw13.html... Greg Stevens utlaw@aol.com Tax Issues for Divorced and Separated Individuals http://www.irs.gov/faqs/faq-kw13.html

]]> Tips for Recently Divorced or Married Taxpayers 2006-10-26T20:41:08Z 2006-07-06T19:03:26Z tag:www.utahdivorceandfamilylaw.com,2006://186.49016 2006-07-06T19:03:26Z http://www.irs.gov/newsroom/article/0,,id=105969,00.html... Greg Stevens utlaw@aol.com Tax Issues for Divorced and Separated Individuals http://www.irs.gov/newsroom/article/0,,id=105969,00.html

]]> IRS Publication 504 -- Divorce and Separated Individuals 2006-10-26T20:41:08Z 2006-07-06T19:01:07Z tag:www.utahdivorceandfamilylaw.com,2006://186.49015 2006-07-06T19:01:07Z http://www.irs.gov/publications/p504/index.html... Greg Stevens utlaw@aol.com Tax Issues for Divorced and Separated Individuals http://www.irs.gov/publications/p504/index.html

]]> Frequently Asked Questions of the IRS 2006-10-26T20:41:07Z 2006-07-06T18:58:58Z tag:www.utahdivorceandfamilylaw.com,2006://186.49014 2006-07-06T18:58:58Z http://www.irs.gov/faqs/faq-kw198/html... Greg Stevens utlaw@aol.com Tax Issues for Divorced and Separated Individuals http://www.irs.gov/faqs/faq-kw198/html

]]> Modification of Custody Orders 2006-10-26T20:41:07Z 2006-06-23T04:01:34Z tag:www.utahdivorceandfamilylaw.com,2006://186.49013 2006-06-23T04:01:34Z On the motion of one or both of the parents, or the joint legal custodians if they are not the parents, the court may, after a hearing, modify an order that established custody if: (1) the circumstances of the child... Greg Stevens utlaw@aol.com Custody On the motion of one or both of the parents, or the joint legal custodians if they are not the parents, the court may, after a hearing, modify an order that established custody if:

(1) the circumstances of the child or one or both custodians have materially and substantially changed since the entry of the order to be modified; and

(2) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child.

A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, is required to file and serve a proposed parenting plan.

An order of joint legal custody may be terminated by order of the court if one or both parents file a motion for termination and the court determines that the joint legal custody order is unworkable or inappropriate under existing circumstances. At the time of entry of an order terminating joint legal custody, the court is required to enter an order of sole legal custody. The court will also decide related issues, including parent-time and child support.

If the court finds that an action concerning the modification of a custody arrangement is filed or answered frivolously and in a manner designed to harass the other party, the court will assess attorney's fees as costs against the offending party.

]]> Advisory Guidelines 2006-10-26T20:41:06Z 2006-06-23T03:46:02Z tag:www.utahdivorceandfamilylaw.com,2006://186.49012 2006-06-23T03:46:02Z In addition to the parent-time schedules provided in Utah Code §§ 30-3-35 and 30-3-35.5, Utah law also sets out advisory guidelines that should govern all parent-time arrangements between parents.... Greg Stevens utlaw@aol.com Parent Time In addition to the parent-time schedules provided in Utah Code §§ 30-3-35 and 30-3-35.5, Utah law also sets out advisory guidelines that should govern all parent-time arrangements between parents.

]]> The advisory guidelines are as follows:

First, parent-time schedules mutually agreed upon by both parents are preferable to a court-imposed solution.

Second, the parent-time schedule shall be utilized to maximize the continuity and stability of the child's life.

Third, special consideration shall be given by each parent to make the child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the parent-time schedule.

Fourth, the responsibility for the pick up, delivery, and return of the child shall be determined by the court when the parent-time order is entered, and may be changed at any time a subsequent modification is made to the parent-time order.

Fifth, if the noncustodial parent will be providing transportation, the custodial parent shall have the child ready for parent-time at the time the child is to be picked up and shall be present at the custodial home or shall make reasonable alternate arrangements to receive the child at the time the child is returned.

Sixth, if the custodial parent will be transporting the child, the noncustodial parent shall be at the appointed place at the time the noncustodial parent is to receive the child, and have the child ready to be picked up at the appointed time and place, or have made reasonable alternate arrangements for the custodial parent to pick up the child.

Seventh, regular school hours may not be interrupted for a school-age child for the exercise of parent-time by either parent.

Eighth, the court may make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents and may increase the parent-time allowed to the noncustodial parent but shall not diminish the standardized parent-time.

Ninth, the court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the expense of exercising parent-time.

Tenth, neither parent-time nor child support is to be withheld due to either parent's failure to comply with a court-ordered parent-time schedule.

Eleventh, the custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the child is participating or being honored, and the noncustodial parent shall be entitled to attend and participate fully.

Twelfth, the noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records and shall be notified immediately by the custodial parent in the event of a medical emergency.

Thirteenth, each parent shall provide the other with his current address and telephone number, email address, and other virtual parent-time access information within 24 hours of any change.

Fourteenth, each parent shall permit and encourage , during reasonable hours, reasonable and uncensored communications with the child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration (a) the best interests of the child; (b) each parent's ability to handle any additional expenses for virtual parent-time; and (c) any other factors the court considers material;

Fifteenth, parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able, to provide child care.

Sixteenth, each parent shall provide all surrogate care providers with the name, current address, and telephone number of the other parent and shall provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise.

Seventeenth, each parent shall be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious holiday.

]]> Parent Time Schedules 2006-10-26T20:41:05Z 2006-06-23T03:33:27Z tag:www.utahdivorceandfamilylaw.com,2006://186.49011 2006-06-23T03:33:27Z If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child. Once the parent-time schedule has been established, the parties may not alter the schedule... Greg Stevens utlaw@aol.com Parent Time If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child. Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.

]]> The advisory guidelines as provided in Utah Code § 30-3-33 and the parent-time schedule as provided in Utah Code § 30-3-35 and § 30-3-35.5 are presumed to be in the best interests of the child.

The parent-time schedule is considered to be the minimum parent-time to which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that more or less parent-time should be awarded based upon any of the following criteria:

(1) parent-time would endanger the child's physical health or significantly impair the child's emotional development;

(2) the distance between the residency of the child and the noncustodial parent;

(3) a substantiated or unfounded allegation of child abuse has been made;

(4) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;

(5) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;

(6) the preference of the child if the court determines the child to be of sufficient maturity;

(7) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;

(8) shared interests between the child and the noncustodial parent

(9) the involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;

(10) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;

(11) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;

(12) the minimal duration of and lack of significant bonding in the parents' relationship prior to the conception of the child; (m) the parent-time schedule of siblings;

(13) the lack of reasonable alternatives to the needs of a nursing child; and

(14) any other criteria the court determines relevant to the best interests of the child.

]]> Objectives of Parenting Plans 2006-10-26T20:41:05Z 2006-06-23T03:27:57Z tag:www.utahdivorceandfamilylaw.com,2006://186.49010 2006-06-23T03:27:57Z The objectives of a parenting plan are to: (1) provide for the child's physical care; (2) maintain the child's emotional stability; (3) provide for the child's changing needs as the child grows and matures in a way that minimizes the... Greg Stevens utlaw@aol.com Parenting Plans The objectives of a parenting plan are to: (1) provide for the child's physical care; (2) maintain the child's emotional stability; (3) provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the parenting plan; (4) set forth the authority and responsibilities of each parent with respect to the child consistent with the definitions outlined in this chapter; (5) minimize the child's exposure to harmful parental conflict; (6) encourage the parents, where appropriate, to meet the responsibilities to their minor children through agreements in the parenting plan rather than relying on judicial intervention; and (7) protect the best interests of the child.

Under Utah law, a parenting plan is required to contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child, and provisions addressing notice and parent-time responsibilities in the event of the relocation of either party. A parenting plan may also contain provisions concerning the welfare of the child.

Utah law also requires a parenting plan to contain a process for resolving disputes precluded or limited by statute. A dispute resolution process may include counseling; mediation or arbitration by a specified individual or agency; or court action. In the dispute resolution process, preference shall be given to the provisions in the parenting plan; parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists; a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party; if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party; if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney's fees and financial sanctions to the prevailing parent; and the district court shall have the right of review from the dispute resolution process.

The parenting plan is also required to allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the children in these specified areas or in other areas into their plan, consistent with the criteria outlined by Utah law. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.

Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent. When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.

The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions.

If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court.

]]> Purpose of Parenting Plans 2006-10-26T20:41:04Z 2006-06-23T03:26:46Z tag:www.utahdivorceandfamilylaw.com,2006://186.49009 2006-06-23T03:26:46Z A "parenting plan" is a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity. "Parenting functions"... Greg Stevens utlaw@aol.com Parenting Plans A "parenting plan" is a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.

"Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include: (a) maintaining a loving, stable, consistent, and nurturing relationship with the child; (b) attending to the daily needs of the child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family; (c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child; (d) assisting the child in developing and maintaining appropriate interpersonal relationships; (e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and family social and economic circumstances; and (f) providing for the financial support of the child.

]]> Costs and Attorneys Fees 2006-10-26T20:41:04Z 2006-06-23T00:44:02Z tag:www.utahdivorceandfamilylaw.com,2006://186.49008 2006-06-23T00:44:02Z If a petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the... Greg Stevens utlaw@aol.com Parent Time If a petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court may award to the prevailing party costs, including actual attorney fees and court costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time.

]]> Costs and Attorneys Fees 2006-10-26T20:41:03Z 2006-06-23T00:43:07Z tag:www.utahdivorceandfamilylaw.com,2006://186.49007 2006-06-23T00:43:07Z If a petition for modification of child custody or parent-time provisions of a court order is made and denied, the court will order the petitioner to pay the reasonable attorneys' fees expended by the prevailing party in that action, if... Greg Stevens utlaw@aol.com Custody If a petition for modification of child custody or parent-time provisions of a court order is made and denied, the court will order the petitioner to pay the reasonable attorneys' fees expended by the prevailing party in that action, if the court determines that the petition was without merit and not asserted or defended against in good faith.

]]> Peace Officer 2006-10-26T20:41:03Z 2006-06-23T00:41:11Z tag:www.utahdivorceandfamilylaw.com,2006://186.49006 2006-06-23T00:41:11Z Upon a specific finding by the court of the need for peace officer enforcement, the court may include in an order establishing a parent-time or visitation schedule a provision, among other things, authorizing any peace officer to enforce a court-ordered... Greg Stevens utlaw@aol.com Parent Time Upon a specific finding by the court of the need for peace officer enforcement, the court may include in an order establishing a parent-time or visitation schedule a provision, among other things, authorizing any peace officer to enforce a court-ordered parent-time or visitation schedule entered under this chapter.

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