Frequently Asked Questions
Guardian ad Litem
Understanding family law, including the role of a guardian ad litem (GAL), can be complex and overwhelming at times. In Utah, a GAL can be appointed by the court to represent the best interests of children involved in cases like divorce or child custody disputes. Emotions run high in family law cases, often clouding judgment, leading to poor behavior and misconceptions. To address this, a GAL may be appointed to advocate for the child, ensuring they’re represented throughout the legal process. At Christensen Law, we understand the importance of protecting families and we’re committed to providing clarity on a GAL’s part in court proceedings. We hope this FAQ sheds light on the role and responsibilities of a guardian ad litem in Utah family law cases.
What is a Guardian ad Litem (GAL)?
In Utah, a GAL is a court-appointed advocate responsible for representing the best interests of children in various family law cases, such as divorce, child custody, protective order, juvenile, or child support disputes. Guided by Utah law (Utah Code § 78A-6-1105), a GAL should conduct thorough investigations, interview relevant parties, and submit reports to the court regarding the child’s welfare. They are tasked to consider the child’s physical, emotional, and developmental needs, ensuring a direct approach not filtered by either parent.
What are the Responsibilities of a Guardian ad Litem?
A GAL in Utah undertakes various tasks aimed at safeguarding the child’s best interests. Their duties include conducting investigations, interviewing relevant parties, and making recommendations to the court based on the child’s welfare. GALs advocate for the child’s needs during court proceedings, ensuring their voice is heard and their rights are protected. They adhere to ethical and professional standards outlined in the Utah Rules of Professional Conduct.
Why is a Guardian ad Litem appointed?
A Guardian Ad Litem is appointed by the court in situations involving disputes regarding a child’s welfare, such as custody battles or allegations of abuse or neglect. Utah law mandates their appointment in certain circumstances to prioritize and protect the child’s best interests (Utah Code § 78A-6-1105). GALs conduct thorough investigations and provide recommendations to assist the court in making informed decisions that serve the child’s well-being.
How does a Guardian ad Litem determine the best interests of the child?
Determining the best interests of the child is a crucial aspect of a GAL’s role in Utah family law cases. GALs consider various factors outlined in Utah law, including the child’s physical and emotional wellbeing, their relationship with each parent, any history of abuse or neglect, and their developmental needs. They also may consider the child’s preferences, ensuring a comprehensive assessment prioritizing the child’s safety, stability, and overall welfare. Tel: (801) 303-5800 Web: ccplawyers.com Email: [email protected]
How do I request a Guardian ad Litem?
To request a GAL in Utah, consult with your attorney to understand the process. While the court can appoint a Guardian without a request from the parties, most divorcing parties will file a formal motion with the court outlining the reasons for the request, including concerns about the child’s welfare or disputes regarding custody. Providing supporting evidence such as police reports or medical records may help get one appointed. The court will review the request, and if approved, issue an order appointing a GAL with specified duties and responsibilities. In that order, the court will also describe how the GAL will be paid.
Can I request a different Guardian ad Litem?
In Utah, parties involved in a family law case have the right to request a different GAL under certain circumstances. If there are concerns about the GAL’s impartiality, competence, or conduct, parties may petition the court for a new GAL to be appointed. Utah’s court rules provide procedures for requesting a change of GAL, ensuring fairness and transparency in the process.
What does a Guardian ad Litem look for?
GALs look for signs of the child’s well-being, including physical safety, emotional health, and educational needs. They assess family relationships, living conditions, and any signs of abuse or neglect. GALs also consider the child’s preferences, advocating for their voice in court. Ultimately, they prioritize the child’s welfare and ensure that court decisions align with their best interests.
Can a Guardian ad Litem be removed during a case?
Yes, in Utah, a GAL can be removed during a case if there are concerns about their impartiality, competence, or conduct. Parties involved can petition the court for their removal, and the court will review the request based on Utah laws and regulations governing GAL appointments. If the court finds valid reasons, it may appoint a new GAL to ensure fairness and protect the child’s best interests.
Who is responsible for paying for the GAL’s services?
In some instances, the government will pay for a GAL. However, it is more common for one or both parties to be responsible for paying all or a percentage of the GAL’s ongoing hourly fees. The court’s decisions will be based on the financial situation of the parties involved. The goal is to ensure the child’s best interests are represented without creating undue financial strain.
Does Christensen Law recommend asking for a Guardian ad Litem?
The answer is that “it depends.” There are some cases where a GAL is essential. There are others where a GAL would be a nice luxury but is too expensive. There are also cases where having a GAL on board would be completely unnecessary. Your attorney can provide advice tailored to your case.
Alimony
What is alimony?
Alimony is financial support paid by one’s ex-spouse to the other after the marriage has legally ended.
Is separate maintenance the same as alimony? What about spousal support?
Separate maintenance, alimony, and spousal support are all forms of financial assistance between spouses or ex-spouses. Alimony specifically refers to support payments after divorce, while separate maintenance is for spouses legally separated or living apart without obtaining or necessarily asking for a divorce. Use of the term “spousal support,” often used interchangeably with alimony, has grown in popularity to accommodate different marital dynamics.
Can I request alimony after my divorce is finalized if I didn’t originally ask for it?
Once a divorce decree is finalized, alimony can only be modified based on a qualifying change of circumstances. Failure to obtain alimony in the original decree is a final and binding conclusion that no alimony is or will be necessary or appropriate.
How long can I receive alimony?
If the judge decides how long the alimony award should last, the duration of alimony will depend on several factors. The main guideline or limitation is that the time alimony is awarded cannot be longer than the duration of the marriage. The divorcing spouses can also negotiate any length of an alimony award. Alimony typically terminates when either spouse dies or when a recipient remarries or cohabitates.
What do I do if my spouse wants alimony, but I don’t think I can pay, or I don’t think he or she needs financial support from me?
When there is disagreement between spouses regarding alimony, the judge will decide if an alimony award should be made and for how much. To help support your case, consult an attorney to understand your options and the best strategies for your specific situation.
What if I am receiving alimony and I get remarried?
In most cases, alimony is automatically terminated upon the remarriage of the recipient unless the divorce decree states otherwise.
What do I do if my ex is behind in alimony payments?
If an ex-spouse is behind in alimony payments, you can file a motion with the court to hold your ex-spouse in contempt for failing to make payments. This can lead to various results including wage garnishment, seizure of assets, or interest on missed payments.
Can an alimony order be changed after a divorce?
Alimony orders can be modified under specific circumstances. Common reasons include changes in income, remarriage or cohabitation, heath issues, retirement, or employment changes. While it is not common for alimony payments to increase, it can happen. It might be adjusted upwards if there is a significant change in the financial needs of the recipient or if the income or the payor increases substantially.
Is alimony taxable in Utah?
For agreements made or modified after December 31, 2018, alimony payments are no longer deductible for the payer nor taxable for the recipient. This is a result of the 2017 Tax Cuts and Jobs Act.
Does cohabitation affect alimony?
Many people may choose to start living with a new partner without getting married to continue receiving alimony payments from a previous marriage. They will live as a married couple would (living together, sharing bills and responsibilities, and combing income), but will not be married legally. If someone is cohabiting, that is typically a ground for terminating alimony.
Can men receive alimony?
Utah alimony laws are gender neutral, meaning that either the male or female ex-spouse can receive alimony. The payments will be designated to help the low-income spouse to maintain the same living standards they had while married.
What’s the difference between property division and alimony?
Property division settles ownership of shared assets and liabilities, typically in a one-time event during divorce. Alimony provides ongoing financial support to one spouse, aimed at covering living expenses or promoting financial independence.
Do I have to pay child support if I pay alimony?
Child support and alimony are determined separately. So yes, child support may still be required for parties ordered to pay alimony. In many cases, both child support and alimony may be awarded, as they serve different purposes. Child support is typically paid to support the children’s financial needs, covering expenses like housing, education, and healthcare. Alimony, on the other hand, is intended to support a former spouse’s financial needs or help them maintain a certain standard of living post-divorce. While alimony may be influenced by the presence of minor or dependent children, children are not the main factor in its determination. If there is a child support award, that will be factored into the alimony award.
What disqualifies you from alimony?
Several factors can disqualify someone from receiving alimony in divorce. Adultery, financial independence, marital misconduct, remarriage or cohabitation, significant financial changes, or prenuptial agreements can all lead to disqualification.
What factors are relevant when determining alimony?
The standard of living during the marriage, including income and value of property
- Financial condition and needs of the receiving spouse
- Financial condition and ability to pay of the paying spouse
- Financial condition and ability to pay of the paying spouse
- The length of the marriage
- Parental responsibilities
- Health and age of the spouses
- Education and employability
- Contributions to the marriage
Can adultery affect alimony awards in Utah?
In Utah, adultery can affect alimony awards, but it's just one of many factors considered by the judge. Utah law requires judges to consider various factors when determining alimony awards, and adultery is among them (Utah Code § 30-3-5(10)). However, the decision isn't solely based on adultery. The impact of adultery on alimony awards will depend on the specific circumstances of each case as assessed by the court.
How long do you have to be married to get alimony in Utah?
In Utah, there isn't a specific requirement for the duration of marriage to qualify for alimony. However, courts typically consider the length of the marriage when determining alimony awards. Generally, shorter-term marriages may not result in alimony awards, as the court aims to restore the spouses to their pre-marital economic positions. However, alimony may be awarded even in shorter marriages, depending on factors of the marriage.
Child Support
What is ORS? Can ORS garnish me?
ORS refers to the Utah Office of Recovery Services, a state agency tasked with child support services. Yes, ORS can garnish wages to collect child support owed. If you’re behind on payments, ORS may take legal action, including wage garnishment, to enforce the child support order. It’s crucial to address any issues promptly and work with ORS to establish a payment plan to avoid legal consequences.
If custody is split 50/50, can child support be avoided?
In cases of joint physical custody where custody is split equally, child support may still be required. The determination depends on various factors, including each parent’s income and the specific needs of the child. Even with equal custody, if there is a significant disparity in income between the parents, child support may still be ordered to ensure the child’s needs are adequately met. It’s essential to consult with a legal professional to understand your specific situation and obligations regarding child support.
When does child support end?
Child support typically ends when the child reaches the age of majority, which is 18 years old in most cases. However, there are exceptions to this rule. In some instances, child support may continue beyond the age of 18 if the child is still in high school or has special needs requiring ongoing support.
What happens if one party is not paying child support?
Failure to pay child support can lead to various legal consequences. The custodial parent or the state’s child
support enforcement agency may take action to enforce the child support order. This can include wage garnishment, seizure of tax refunds, suspension of driver’s licenses or professional licenses, placing liens on property, or even contempt of court proceedings, which could result in fines or jail time.
Can a parent deny visitation if child support is not paid?
No, it’s not legally permissible to deny visitation in response to non-payment of child support. Both parents are expected to comply with court orders independently. Withholding visitation can lead to legal consequences and is not in the child’s best interests. Address child support issues through proper legal channels rather than denying visitation.
Is child support calculated off my gross income or net income?
Child support is usually calculated based on gross income, which includes all income from your full-time job before taxes and deductions. Income from additional employment beyond 40 hours per week might not be calculated as part of your income.
Can I be awarded child support arrears?
Yes, you can seek child support arrears if the obligor parent has missed payments as ordered. This covers the period during which payments were owed but not made according to the court order.
What if the child changes their living situation and now lives with the other parent? Can child support change?
Yes, if the child’s living situation changes and they move in with the other parent, child support arrangements may be adjusted accordingly. This could involve the parent who now has primary custody receiving child support, while the other parent’s obligation may be modified. It’s important to speak with an attorney and seek a modification of the child support order through the court before child support payments can be stopped or adjusted.
Do I need a lawyer for child support matters?
While it’s possible to handle child support matters independently, having legal representation can greatly benefit you. With over 30 years of experience, Christensen Law can provide invaluable guidance and ensure your rights are protected. Schedule a consultation by calling (801) 303-5800 or utilize our online contact form to discuss your case and gain clarity on your options. We’re here to help you navigate child support laws and proceedings with confidence and achieve favorable outcomes for you and your family.
Military Divorce
Can you file for divorce while your spouse is on active duty?
-Yes, you can file for divorce while your spouse is on active duty in the military. However, it’s important to be aware of the protections provided by the Servicemembers Civil Relief Act (SCRA) for active-duty service members. The SCRA safeguards service members from being blindsided by legal obligations while on active duty. It allows them to request a stay or postponement of civil proceedings if their military service significantly impacts their ability to participate.
What are the 10/10, 20/20/20, and 20/20/15 rules?
– 10/10 Rule: This rule specifies that if a marriage lasted at least 10 years and the service member completed at least 10 years of creditable military service overlapping with the marriage, the former spouse may be eligible to receive a portion of the military retirement pay directly from the Defense Finance and Accounting Service (DFAS).
– 20/20/20 Rule: Under this rule, an un-remarried ex-spouse may be eligible for certain military benefits if the marriage lasted at least 20 years, the service member completed at least 20 years of creditable military service, and the marriage overlapped with at least 20 years of the military member’s service.
Benefits may include access to healthcare (TRICARE) and commissary/exchange privileges.
– 20/20/15 Rule: This rule comes into play if the marriage lasted at least 20 years, the service member completed at least 20 years of creditable military service, and the marriage overlapped with at least 15 years (but less than 20 years) of the military member’s service. Under this rule, the ex-spouse may be
eligible for one year of TRICARE medical benefits after the divorce.
Do I need a lawyer for a military divorce?
– When facing a military divorce, seeking guidance from an experienced legal team like Christensen Law is crucial. With over 30 years of expertise in family law, our attorneys can offer essential support and protection, ensuring you understand your rights and obligations throughout the complex legal process. Trust Christensen Law to advocate for you and your family’s best interests during this challenging time.
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