Are you struggling to figure out the parent time schedule according to Utah Code 30-3-35? If you can’t figure it out, don’t feel alone. Plenty of people struggle to make the statute fit the specific facts. Here is what the statute says about the Winter Holiday in odd years.
The noncustodial parent is entitled to the….the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.
That’s as clear as mud right? What you have to do first is count the number of days of the holiday vacation. Technically, Christmas vacation starts the evening school is out. So, if the child gets out of school on the 20th and goes back to school on January 2nd, you count the 20th, 21st, 22nd, 23rd, 24th, 25th, 26th, 27th, 28th, 29th, 30th and the 31st. The child goes back to the custodial parent on the evening of the 1st. That gives twelve days of vacation. Each parent is entitled to six days. This year, the noncustodial parent enjoys parent time from the 20th until 7 p.m. on the sixth day, December 25th.
If the vacation started on the 19th, there would have been thirteen days. Each parent would be entitled to six and a half days. However, the noncustodial parent is still entitled to Christmas Day. This would mean that the noncustodial parent would have the children until 7 pm on Christmas as well.
Hopefully, this makes the process a little clearer. Applying the law to specific fact is difficult. If you have specific questions, call our firm for legal assistance. As always, the statute is what you resort to if your Divorce Decree doesn’t say something different for holidays or if you and your co-parent can’t agree. If you can agree on a different plan that works better for your family, that’s wonderful.
Divorce and Modifications
It’s Christmas- What’s My Parent Time?
Wednesday, December 21st, 2011What is the Difference Between a Judge and a Commissioner in Utah?
Thursday, December 15th, 2011If 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 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.
Co- Parenting? Better Learn to Let Go
Thursday, November 3rd, 2011Now that you are divorced- or separated-, the reality is that your child has two homes and two parents. You and your co-parent will likely parent your children differently. This is normal, acceptable and legal. It is important to remember that your co-parent loves your children as much as you do and wouldn’t do anything to hurt them. If you think of your children as an expensive car, you and your co-parent may each decide to use different car wax but that doesn’t mean the car will be harmed. Different parenting styles does not necessarily cause your children any harm or mean that either of you loves your children less. You are going to have to learn to trust each other and accept the choices that the other parent makes. Of course, if your co-parent does something dangerous or abusive, you should immediately notify the authorities.
I’m Divorced: What Else is New?….Your Kids Are Off-Limits
Thursday, November 3rd, 2011Now that you are divorced, you need to keep your kids out of all issues between you and your ex . While you were married you might have used your kids to help figure out who needed to be where, when, etc. Now that you are divorced, you no longer can call your son to ask him if Dad is picking him up from school or if you need to do so. You also can’t ask your daughter if she would rather go with you on the trip to see Grandma or stay with Dad. Instead, you must communicate with your co-parent to figure out who is doing what and when in regards to your children. Involving your kids in these decisions is inappropriate. Children should never feel that they have to choose between their parents in any way or that they need to “cover” for the other parent. Setting clear guidelines with your co-parent up front can help avoid these situations before they arise.
So You Are Divorced…Now What? No Matter How You Look At It, There is Less Money in Your Pocket
Tuesday, July 19th, 2011Getting divorced is painful in many ways. Financially, there is no way around the fact that after divorce almost everyone has to tighten the purse strings. When you divide a household into two, the paychecks cannot stretch as far as they did before. If one spouse did not work prior to divorce, that spouse is likely going to have to start working in order to make ends meet. Additionally, some of the luxuries enjoyed prior to divorce may have to be temporarily set aside. You may have to cancel expensive cable packages, vacations, and/or eating out for a while until your budget adjusts. Understanding this before the divorce is final can help you prepare for this transition – both for yourself as well as your children.
Top Ten Mistakes People Make When Doing Their Own Divorce
Tuesday, June 28th, 2011
10. Not getting help when you need it. The divorce process can be tricky and it is easy to make a mistake. There are lots of resources and inexpensive options for getting help.
9. Not setting up a schedule for who will claim the children as exemptions for income tax purposes. Even those parents who do remember to designate one parent will claim the children in even years and one parent will claim the children in odd years, forget to plan what will happen as the children reach majority and can no longer be claimed as exemptions.
8. Not including a final decision maker in a parenting plan. This is a common complaint from family court Commissioners.
7. Not considering alimony. There is a rumor going around that no one is awarded alimony anymore. This is not true. Alimony should be considered as part of the divorce process.
6. Not being really clear about the date that property will be valued. For example, a lot of Divorce Decrees require the parties to share the equity in the house, but forget to say on what date the house will be valued.
5. Setting an unrealistic timeline for selling real estate. In the current market it can take a lot longer for real estate to sell than it used to.
4. Setting up parent time schedules that won’t work once the children start school. People often come with schedules that work fine before the children start school but these same schedules can become unmanageable once the children are old enough for school.
3. Forgetting to include retirement accounts as part of the divorce or forgetting to file the proper paperwork to split the account afterward. It can be very difficult to modify a Divorce Decree for property issues alone so it is important to take care of this in the original Divorce Decree.
2. Getting so frustrated with the divorce process that they will agree to anything just to finish up the divorce. We often hear from these people in a few months or a few years and they are not happy with their agreement.
1. Signing the final documents without reading them. We hear this all the time. People sign a document that does not say what they thought it said.
I’m Divorced with Children and Moving- Now What?
Wednesday, May 25th, 2011
When you are divorced, with kids, and decide to move more than 150 miles away, there are some things you need to consider and prepare for. First, as soon as you know you are moving, you need to give your co-parent notice that you are planning to move. This should be done in the form of a letter as soon as you know you are moving. If at all possible this notice should be at least 60 days before the move. In the notice letter you need to propose how this move will effect parent time and who will pay for the transportation for this parent time. If your co-parent agrees with the plan you are free to move.
If your co-parent objects to the proposal you have outlined in your notice letter, you can 1) go to mediation to try to reach an agreement or 2) go to court. However, if you go to court, you could be ordered to try mediation before the court will hear your case.
Once the court is involved the court will review the parent time schedule. The default position on parent time transportation costs is that the party who moves is responsible for most of the travel costs. However, at this hearing the court can make orders about the parent time schedule and the cost for parent- time transportation. When the court is figuring out the parent time schedule and transportation costs, the court will look at:
(a) the reason for the parent’s relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
Before you move, you should discuss with your co-parent how to make the transition easy for everyone and how to maintain a strong connection between your co-parent and the children. Technology, such as email, video calling, and texting can help children and co-parents stay in touch despite a long-distance move.
If you or your co-parent are relocating, call us for a free consultation.
Unbundled Law
Saturday, March 12th, 2011
Here’s a link to a video of one of our attorneys, Carolyn Pence Smith, talking about unbundled law.
Take a look and see if unbundled law is right for your situation.
How to Communicate with the Other Party in a Divorce Action
Tuesday, December 14th, 2010
When you are going through a divorce, and after it is over, there may be hard feelings. It is important to maintain civil communications at all times for several reasons.
1) If you have children you should never involve them in the divorce process. Children should never hear you or their other parent demean, belittle or criticize the other parent. Commissioners and Judges are very adamant that all communication about and to the other party in front of the children be completely respectful.
2) During the divorce process, if you have an attorney, use your attorney to communicate with the other party about particularly difficult topics.
3) When communicating by text, email or phone, it is important to keep records of what is said or written if it is important to your case. If possible, have a written record so that an accurate record of what was said and what was agreed to. There are tools for printing text messages. It is a good idea to keep a communication log.
4) If you find yourself exchanging unpleasant e-mails or text message with the other party, you might want to have someone you trust review your e-mails and texts before you send them. Before you send something, it might be valuable to imagine what your response would be if you received the message you are sending.
Orders to Show Cause
Tuesday, December 7th, 2010What do you do when your ex-spouse violates your divorce decree? If you want to have a judge enforce your divorce decree you can file an Order to Show Cause re Contempt. You will need to file an Order to Show Cause, A Motion for an Order to Show Cause and an Affidavit in Support of an Order to Show Cause. An Order to Show Cause requires personal service. This means that you have to have someone else serve the opposing party. Usually people use constables, law enforcement officers or a private service company.
In your Motion for an Order to Show Cause it is important to list all the ways that the other party has violated your divorce decree and what you want to happen. Usually, you ask the other party to stop doing what is wrong or start doing what they are supposed to. An Order to Show Cause requires a hearing. You will get the hearing date when you file your papers. Depending on how busy the courts are you might have to wait for a month or two before you can have the hearing.
Legal and Physical Custody
Thursday, August 12th, 2010
There are two types of child custody — legal and physical. Legal custody is the right to make legal decisions about and on behalf of your children. For example, a parent with legal custody can decide where the children will go to school or which doctor they will see. Physical custody is the right to have your children live primarily with you.
Divorced parents can have sole or joint legal custody of their children. Sole legal custody means that one parent has all the rights to make decisions about and on behalf of the child. Joint legal custody means the parents must work together to make decisions about the child. If parents have joint legal custody they are required to have a parenting plan. A good parenting plan will explain the process parents should use to make decisions together.
Divorced parents can also have sole or joint physical custody of their children. In Utah, whether a physical custody arrangement is a sole or joint one is determined by how many overnights the child spends with each parent. When a child spends more than 110 nights with the noncustodial parent, the parents are considered to have joint physical custody.
Divorced parents must decide, or have the court decide, who will have both physical and legal custody of their children. Parents can choose to have joint or sole legal custody and joint or sole physical custody of their children. A common arrangement is for the parents to have joint legal but with one of the parents having sole physical custody.
If you have any questions about custody, call us for a free consultation.
How much does it cost to get a divorce?
Tuesday, July 27th, 2010The filing fee you pay to the court to start a divorce are $318 (the filing fee is $310 and $8 is a vital statistic fee to record the divorce).
The person who starts the divorce (the petitioner) will also have to pay to have the other party (the respondent) personally served with the initial documents. A party cannot serve anther party. Most people hire a process service, sheriff or constable to serve the other party. This usually costs between $30 and $60.
If there are children, each party is required to attend the divorce education classes which costs $55 a person.
If the parties cannot agree on the terms of their divorce, they will be mandated to attend mediation. There are some low cost options for meditation, but typically mediation will cost between $100 and $250 an hour. The parties usually split this cost.
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.
Call us for a free consultation if you have any questions about child support.
Parent Coordinators
Tuesday, July 20th, 2010
Utah law allows a judge to appoint a parent coordinator to help parents work together at co-parenting their children. Parent coordinators make recommendations to the parents regarding a variety of common co-parenting issues such as communicating with each other, resolving conflicts, coordinating schedules, selecting schools and day care, and determining participation in sports and other activities. This is just a partial list. For a more comprehensive list of the issues parent coordinators can help with you can review the actual Rule at http://www.utcourts.gov/resources/rules/ucja/ch04/4-509.htm
Parents do have to pay for this service, but for parents who are spending a lot of time (and money) in court trying to resolve co-parenting issues a parent coordinator is a less expensive and more efficient alternative. Other states have been using parent coordinators for a while, but this is still a relatively new idea in Utah. If you are interested in more information about parent coordinators, here is a link to a parent coordinator website: http://familytherapy-mediation.com/parent-coordination?331a98d7b8aff5334264cbfe92765a85=hqvnustc
If you are considering a parent coordinator, call us for a free consultation.
Pets & Divorce
Friday, July 16th, 2010
Dividing up pets can be an emotional part of a divorce. Utah does not have any specific laws on this issue, but there are some guiding principles.
1) Courts do not look at pets as children. Most courts have made it very clear that unless there is abuse they are not going to determine possession by the best interest of the dog.
2)Courts have held that a pet can be considered a special piece of property – comparable to an heirloom – and therefore specific performance is allowed. This means courts can order possession of a dog to one party. Courts are not limited to awarding the monetary value of the dog. Often courts will require the party who was awarded possession of the pet to compensate the other party for the monetary value of the pet.
3) Courts usually award possession to the party who takes care of the pet. A good way to prove who takes care of the pet is to make a video of a day in the life of the pet – showing who feeds, walks, cleans up after, etc., the pet.
For more information here is a link to a news report on this issue: http://today.msnbc.msn.com/id/19803536
If a pet is going to be part of your divorce, call us for a free consultation.
Do-It-Yourself Divorce
Tuesday, June 15th, 2010
Some couples decide to do all the paperwork and necessary steps to complete the requirements for divorce on their own. There are advantages and disadvantages to this plan.
Some of the advantages may include:
* Savings from not paying an attorney;
* Feeling like you are in complete control of your case.
Some of the disadvantages of doing your divorce yourself may include:
* It may take longer;
* If you forget to address certain issues (like alimony, or property distribution) you may lose
the ability to address them later;
* If you forget to include other issues, or address them improperly, (like child support, or
retirement distribution) it may cost you significant time, stress and money to fix the problem later;
* If your spouse is represented, you may be at a disadvantage.
No one but you can decide if you should handle your divorce on your own. It is important to weigh the pros and cons of doing so and decide if this is an acceptable risk in your situation. We highly recommend that if you choose to represent yourself you at least hire an attorney to review your paperwork before you file.
Divorce
Tuesday, June 15th, 2010
Divorce is the process of legally terminating a marriage. It can be a complicated and conflicted process, especially if there are children involved. The process of divorce requires court intervention or approval and is final only after a judge has signed a Divorce Decree.
