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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7438
Experience:  Experienced Family Law Attorney
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Thank you! My daughter had filed a request for a protective

Customer Question

thank you! My daughter had filed a request for a protective order. She has a hearing date this coming Tuesday. This morning her husband showed up and told her his boss had paid a large lawyer fee and filed the divorce papers and she should expect to be served this coming week.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Utah. She was asking for 600.00 to help for support for her and their daughter. He is stating in his papers, he says, that he will pay child support of $400. SHe is upset because she doesn't have a money to pay a lawyer to help her and worries that she will be left in the dirt. I should add that he went this last week and bought a Lexus, a new apartment, and is partying it up. But says that he doesn't have any money to assist her.
JA: Has anything been filed or reported?
Customer: She filed papers with the court for a protective order and has asked for $600 for child support and Spousal assistance until they can get the divorce. He told her this morning that he filed for a divorce last week. But she has not been served and she does have the hearing on Tuesday.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that he calls and texts her constantly all day and night, and though he has been told to stop he continues and when she doesn't answer her phone he will call mine, minutes apart.
Submitted: 17 days ago.
Category: Family Law
Expert:  LegalGems replied 17 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 17 days ago.
I guess I just need to know where to go from here. Will it even be of any help to go to the hearing to get the protective order? And try to come up with some money to pay a lawyer to help her?
Expert:  LegalGems replied 17 days ago.

Thank you; I am sorry to hear your daughter and grandchild are going through this.

First, a protective order hearing is separate and apart from the divorce proceedings so one would want to contact the court clerk to find out if a divorce proceeding was in fact filed; if not it is important to file this as the court will not award spousal support retroactively. However, they can order it to be paid beginning on the date the court papers were filed and served.

So the other party may know this and may be using a delay tactic.

So the issues are:

1. spousal support aka alimony:

  • The financial condition and needs of the party who would receive alimony. This includes the recipient's monthly debts and obligations, and their ability to pay these debts.
  • The recipient's earning capacity or ability to produce income. This includes past employment history, ability or inability to work and income received from all sources, including passive income.
  • The ability of the paying spouse to provide support. This includes income from all sources weighed against their debts and obligations. As a general rule, debts may not be incurred to defeat alimony.
  • The length of the marriage. The longer the marriage, the stronger the case for alimony.
  • Whether the recipient party has custody of minor children who need support.
  • Whether the recipient worked in a business owned or operated by the other spouse.
  • Whether the recipient contributed to increase the other spouse's skill by paying for their education or by allowing them to attend school during the marriage.
  • The court may also consider the fault of the parties in determining whether to award alimony and its terms. "Fault" means any of the following conduct during the marriage that substantially contributed to the breakup of the marriage:
    • engaging in sexual relations with a person other than the party's spouse;
    • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children;
    • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or
    • substantially undermining the financial stability of the other party or the minor children.

Generally, in determining alimony, the court considers the parties' standard of living at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage began. Sometimes, the court will try to equalize the parties' standards of living.

2. chid support

Here is a calculator to help determine what the court will decide is proper:

https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/action/public/custodyWorksheet/show

She can fill out an application here and they will assist with getting an order, and in collecting that order;

http://www.ors.utah.gov/child_support_services.htm

They can get a wage garnishment to ensure payment which is really great.

3 .Division of marital property

This division is equitable-meaning fair and just, not necessarily (but often) equal. The same factors as alimony are considered

4. attorney fees

the court can order the other party to pay for attorney fees to level the playing field. The great news is that UT is very unique in that attorney divorce fees are marital debt-which means one can find an attorney willing to take the case without payment knowing they will be able to recover it from the higher earning party.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 14 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!