Modification of Custody | Ogden Child Custody Lawyer

Posted on December 11, 2011 by Todd Peterson

Modifying Child Custody Based on Changes

We received many calls each week from potential clients in the Ogden and Northern Utah areas. This article is written to help you understand under what circumstances you may be able to modify your current child custody order to gain more time with your children. the standard for modifying any provision of your divorce decree or custody order is the same; there must be substantial and material changes in your circumstances, not contemplated in the decree or other order, which justify the modification. What this means is that something significant must have occurred or changed since the order was put in place.

Many clients come to us wishing to modify their custody award because since the custody order was entered, they have had more time with their children. Often another parent will in reality give the other more time with the kids and the parent wishes to then modify custody in their favor to reflect the reality of their situation. However, under current Utah case law, the fact that another parent has been spending more time with the children than ordered does not represent a substantial or material change in circumstances. The reasoning behind this is the fact that such a rule would give parents the incentive not to work with each other and provide each other with additional parent time. While this is one example of does not qualify for custody modification, the fact is that many circumstances do justify a change in circumstances. Whenever a parent is involved in criminal conduct or other conduct that places the children in harms risk, the other parent is usually justified in bringing a modification petition.

Ogden Divorce Modification Lawyers

If you are thinking about modifying your custody order, we can help. Contact us today by phone or email to get started on your case now. We have helped numerous individuals get more time with their kids. In some cases we have successfully modified custody so that our clients become the sole custodial parent. Call 801.475.0991 today for more information to schedule a free consultation with one of our Ogden divorce modification lawyers.

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Utah Alimony Standard

Posted on December 5, 2011 by Todd Peterson

Amount of Spousal Support Based on Need

Spousal support or alimony is one of the most hotly contested items in divorce cases.  Although some couple are able to amicably reach an agreement many cannot and those who cannot agree force judges to decide the issue for them.

How does a judge decide alimony? Unlike child support in Utah, there is no online calculator that you can use to determine how much alimony should be paid, and one size does not fit all.

Olson v. Olson

Fortunately Utah divorce case law gives us much guidance on the issue of alimony.  In one recent case the Utah Court of Appeals reaffirmed the principle that alimony should be based on a showing of need.

In Olson v. Olson the wife in a divorce action appealed a district court’s finding that she was entitled to $1,000 per month for 18 years.  The parties had been married for 18 years at the time of divorce and the wife was living in the marital home debt free.  The alimony would start after wife sold the marital home and would last for 18 years.  The court considered that wife’s needs would increase after she was no longer living rent free.  Nonetheless, wife felt she was entitled to $2,000/month.

On appeal the court found that the district court’s ruling was correct because it made its decision based on the wife’s needs.  Wife argued that since her husband made much more money than she and since a $2,000 award would better equalize their incomes she was entitled to that increased award.  The Court of Appeals did not agree: “Regardless of the payor spouse’s ability to pay more, the recipient spouse’s demonstrated need must constitute the maximum permissible alimony award.”

Other Factors Considered

In addition to need a court will consider the parties’ standard of living, the spouse’s earning capacity, and the fault of either party such as committing adultery.  Needless to say, need is the most easily calculable and these other factors can make an alimony amount more difficult to determine.

Call Us for Excellent Divorce Representation

Divorce is a difficult time and you shouldn’t go it alone.  If you believe you are entitled to spousal support get an experienced Utah divorce attorney on your side to help ensure you are getting an amount that is fair and reasonable.  Likewise, if your spouse is trying to obtain alimony from you make sure you get the protection you need to make sure you pay only that to which your spouse is entitled.

Call us anytime at 801.475.0991.

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Mediation v. Litigation

Posted on October 18, 2011 by Todd Peterson

Many clients ask us if they should just try mediation before jumping into a law suit over their divorce. The answer to this question is different for everyone. Depending on your circumstances, it might make more sense to try mediation early on in the process to help you prevent the time and money associated with fighting in court. On the other hand, many cases cannot be resolved in mediation for one reason or another, for those cases, litigation is really the only other option. This article explores the benefits of both mediation and litigation. For detailed information about the specifics of your case, or to speak with an attorney or mediator at our office, call us today at 801.475.0991.

The Benefits of Mediation in Utah

There are many benefits to mediation in Utah. Chief among these benefits is the enormous savings in time and money. In fact, many clients choose to hire us as divorce mediators in Utah so they can save the time, money, and ultimately the headache and sorrow that comes along with drawn out court battles. Another substantial benefit is the ability to maintain some type of working relationship for the future. This can be especially important in cases involving children and custody. The truth is, if you have kids together, you are going to have to continue to be a part of each others lives to some extent. Mediation allows divorcing couples to settle on ground rules to better help them move forward and co parent their children. Often when you fight in court, by the end of it, it is almost impossible to have a good working relationship in the future. If you are interested in attending mediation with your soon to be ex, we can help. Our attorneys our trained mediators and can help aid in the negotiation and settlement of your divorce.

The Benefits of Litigation

Litigation refers to the traditional process of resolving your divorce case in court with an attorney representing you. There are many benefits to litigation as opposed to mediation. Litigation allows you to put the decision in the hands of a judge who is trained to resolved disputes based upon the laws of Utah. This can mean greater protections for you and your family with defined orders from the court keeping both parties in line. At our law firm, we have represented numerous individual in all types of divorces. We are experienced litigators and will ensure your rights are protected so you get your fair day in court. To get us started on your case, call now at 801.475.0991.

Free Consultations

Whether you need to go to court or want to avoid court and try and settle, we can help. We are available anytime 24/7. Call us today to get started on your case or to schedule a mediation in our office. We look forward to your call.

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