by Aaron Millar | Apr 1, 2024 | Child Support
While a child support order or judgment for support arrears may be enforced for up to four years after a child reaches the age of majority (Utah Code § 78B-5-202(6)), it is recommended that child support and child-related expenses be pursued as soon as they come due....
by Aaron Millar | Mar 13, 2024 | Family Law
Thinking about Prenuptial Agreements, or ‘prenups’ as they are commonly known, may not be the most romantic topic when you’re madly in love and planning your “happily ever after.” But, believe it or not, prenups can actually be a smart move for many...
by Aaron Millar | Mar 1, 2024 | Divorce
Utah law recognizes a dichotomy in married persons’ property: nonmarital property versus marital property. In the State of Utah, married persons “have always had” the right to separately own and enjoy property apart from their spouse. Mortensen v. Mortensen, 760 P.2d...
by Aaron Millar | Feb 1, 2024 | Child Custody
A typical question in family law scenarios is “Can the kids just stay the night?” Addressing overnight visits in the Spring 2015 Utah Legislative session, the Utah Legislature passed an optional parent-time schedule for children 5 to 18 years of age, known as Utah...
by Aaron Millar | Jan 1, 2024 | Child Support, Divorce
“A court order is worth as much as the paper it’s printed on.” Author Unknown. Most parties to a divorce, paternity, or other family law case are relieved to have an order or decision signed by the court. Many don’t realize that their ex may violate the terms of the...
by Aaron Millar | Dec 1, 2023 | Child Custody
It is becoming increasingly more common in our society for individuals to relocate to different cities, states and even overseas. Regardless of the reason for the relocation (new job, new spouse, military deployment, or health reasons), the relocating individual with...
by Aaron Millar | Nov 10, 2023 | Divorce, Mediation
The other day, my garbage disposal stopped working. I checked the breaker box, hit the reset button, but neither approach fixed the disposal. In the days that this problem lasted, the water wouldn’t drain from our sink and made a mess, further reinforcing my...
by Aaron Millar | Oct 1, 2023 | Court Proceedings
With the ever-critical role of expert testimony in family law cases, attorneys should take care to educate trial courts on the proper use of testimony of guardians ad litem, custody evaluators, and therapists. Trial judges often simply adopt the recommendations of...
by Aaron Millar | Sep 1, 2023 | Visitation
A recently decided case, Jones v. Jones, 2013 UT App 174 (UT App. 2013), has completely changed the way that courts evaluate Utah’s Grandparent Visitation Statute (U.C.A. § 30-2-5). This statute was created to give grandparents their own independent rights to...
by Aaron Millar | Aug 1, 2023 | Child Custody
One of the factors that judges can consider when determining child custody awards is the preference expressed by the minor children. However, this expressed preference is only one of the factors the court can consider, and courts have varied on how much weight they...
