Monthly Archives: October 2018
Child support and guidelines
Can parents (or persons having child’s custody) agree on paying lower child support than the Utah guidelines require? The answer is yes, they can providing they draft specific findings that complying with guidelines will be unjust, inappropriate or not in the best interests of a minor child. If there is no agreement between the parents,… Read More »
Disability and right to counsel
In Summer of 2017 the ACLU of Utah filed a case asking the court to issue a ruling that anyone who is a respondent to legal guardianship proceedings should be entitled to representation. The lawsuit challenged the 2016 Utah law eliminating the need for counsel under some circumstances. The case is ongoing and I will… Read More »
Parenting Plan
When parties are filing their divorce or paternity case and they have children, they are required to file their proposed parenting plan pursuant to U.C.A. Sections 30-3-10.7, 30-3-10.8, 30-3-10.9. Parenting plan can be very detailed and cover topics like parent time schedule, out of town trips, caretakers, right of first refusal, pick up and drop… Read More »
Guardianship/Conservatorship
The guardianship section needs to talk about guardianships for adults and guardianship for minor children. These are two different processes in Utah. The drafters need to review and describe procedures set in Utah Code Ann. §75-5-303 (as amended) specifically, provisions when an attorney or a court visitor needs to be appointed for an incapacitated person;… Read More »