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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My spouse and i were married in sept of 2012. In january of

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My spouse and i were married in sept of 2012. In january of 2013 we separated and i have filed for divorce. During our marriage we only acuired one debt which was the purchase of a vehicle. She has kept the vehilce(actually she hahidden it from me), I do not want the vehicle but in her response petiton she is asking i pay half the cost of the vehicle and $800 a onth fr 6 months in spousal support. Could i end up having to pay the spousal support and half the cost of the truck? She owns a salon and is more then capable of supporting herself.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem. Good afternoon. I certainly understand your situation and concern. Based on the facts which you stated above, you were only married to this women for around 4 months. With that being said, while she may request alimony, it may not be something that the Judge is going to order, as a result of how short the marriage lasted. In determining alimony, the courts consider the following factors ( Utah Code § 30-3-5(8)): •the financial condition and needs of the recipient spouse; •the recipient’s earning capacity or ability to produce income; •the ability of the payor spouse to provide support; •the length of the marriage; the longer the marriage, the greater the likelihood of an alimony award; •whether the recipient spouse has custody of minor children requiring support; •whether the recipient spouse worked in a business owned or operated by the payor spouse; and •whether the recipient spouse directly contributed to any increase in the payor spouse’s skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage. When are these things are looked at, you could have an argument to present that there is no basis for it. As you stated above, she owns a salon and is capable of supporting herself. Moreover, the 4 months is certainly not a period of time, where she got accustomed to a certain style of living. What is also odd, is that she is asking to be awarded alimony, for longer then the marriage lasted. It would be absurd for a Judge to award and order that it be paid for that period of time. As far as the vehicle, that is a debt that was incurred during the marriage and would need to be shared or incurred by one party. If she is going to keep and use it, she should incur the cost of it. If she is asking for half, you may offer a smaller amount to contribute. At the same time, if you were to ask to be awarded the vehicle, she would have to go lease or buy one on her own, so if she were to be awarded it, she should incur the cost of doing so. You certainly have every legal right to object to her requests and the Judge is likely going to send the matter to mediation, in hopes that something can be worked out. If not, then the Judge will have the final say, based upon the facts and evidence presented. Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer: replied 3 years ago.


Another issue is with her being self emplyoed she claims a loss on her business to avoid paying taxes. I know she persoannly makes a good living but i have no proof of that as she files fraudulant tax returns. I know that could potentially look bad on my part thta she has no verifiable income. She prsently own three vehicles including the truck we bought together which i am only the cosigner on the loan. She has a substantial amount of money in the bank (30k+) and we have a prenuptual agreement protecting our assests form before the mariage. in my petition i simply requested she take 100% of the truck as she has already taken possesion of it and i asked for no money from her in any way. the truck is worth more than what is owed could i potentially seek some of the equity in the vehicle? And with her self employemnt situation how much could that influence the judges decisions where she has no verifiable income even though i know she makes a very good living doing it!

Sorry for the delay. If there is equity in the truck you can ask that the judge order it be sold and the profits split equally. The reason being is that if you are on the loan also and she is awarded the truck and fails to pay, your credit would be effected and the finance company could go after you as well.