If you are going through a divorce or paternity action, you have probably been introduced to the commissioner in your case, if not the judge. It can be confusing to understand the differences between the two. The commissioner has the responsibility of hearing preliminary matters and getting the case prepared for trial before the judge. The commissioner hears most motions filed by the parties. There are certain issues that go before the judge such as pre-trial matters. All trials are before a judge. The differences between what commissioners and judges do may vary slightly from district to district.
What is the Difference Between a Judge and a Commissioner in Utah?
Thursday, December 15th, 2011What Is A Guardian Ad Litem?
Thursday, December 15th, 2011Has someone recommended that you get a Guardian Ad Litem in your case? Do you have no idea what this means? A guardian ad litem is an attorney who has the job of representing the best interests of the children.
In some cases, parents may request a guardian ad litem be appointed. In other cases, a commissioner or judge may order that a guardian ad litem be appointed. There are both public and private guardian ad litems. A public guardian ad litem can be appointed in custody cases where there are allegations of abuse or neglect or in protective order hearings. A public guardian ad litem also represents children in foster case. A private guardian ad litem can be appointed in any case where there are issues regarding parent time or custody, especially in high- conflict divorces.
The guardian ad litem has the responsibility to make recommendations as to what the judge should do in the children’s best interests. In order to make these recommendations, the guardian ad litem will conduct an independent investigation, including, but not limited to, interviewing the children, interviewing other witnesses, reviewing documents, visiting homes, and talking to other professionals. The guardian ad litem will consider what the children want, as long as it is in the child’s best interests. The courts weigh the recommendations of the guardian ad litem very heavily.
At the end of the case, the guardian ad litem will present the parties with a bill for the services provided. The judge may allocate the fees to be split equally or may make any division of the fees that the judge finds to be fair.
Child Support
Friday, July 23rd, 2010
Utah uses a formula to calculate child support. This formula has been converted into a child support calculator. This calculator can be found at http://www.utcourts.gov/childsupport/calculator.
You first have to decide which calculator you should use. Most families use the sole custody calculator or the joint custody calculator. Which calculator you should use is determined by the number of nights the children spend with the non-custodial parent. If the children spend 111 nights or more with the non-custodial parent, you use the joint custody calculator. If the children spend 110 nights or less with the non-custodial parent you use the sole custody calculator.
After you have determined which calculator to use, enter
-the number of children,
-the gross monthly income (the amount before taxes) for both parents and
-the number of overnights (if you are using the joint calculator).
Then just click on the calculate button. You can run the calculators with different scenarios to see how much child support you would likely receive or be ordered to pay. A parent can agree to pay more than the child support calculator requires. It is very unusual for a court to allow a parent to pay less than the amount generated by the calculator.
Call us for a free consultation if you have any questions about child support.
Please note, nothing in this site is intended to establish an attorney-client relationship. The information shared here is just to help you get going. You should follow-up with an attorney to find out more information or to learn how the information found here applies to your situation.
