Plan for Inevitable Divorce and or Custody Order

Divorce petitions require consideration of custody of the minor children, child support, division of the vehicles and personal property of the marriage, sale or keeping of the real property for one party or the other, alimony for a specific number of years, possible life insurance for the provider that is paying support, division of retirement proceeds accumulated during the marriage, disposition of debts and grounds of irreconcilable differences or otherwise to justify the petition filing.

Custody petitions require designation of parents of the minor child or children and representation that no marriage ever occurred between the parties and that one or the other parent is to have joint or sole legal and joint or sole physical custody of the child, what the visitation rights will be, what party will pay support for the other and designating obligations for medical insurance, day care payment, pickup and drop off times for visitation and holidays allowed to each parent.

Do Alimony Responsibilities End When your Ex Co-Habits with Someone Else?

It is a common understanding that the award of alimony may be discontinued if the spouse receiving alimony co-habits with someone else. Often former husbands are lurking to find a reason the court may discontinue the award of alimony to a former spouse. However, pursuant to Myers vs. Myers, 266 P.3d 806 (Utah 2011), a Utah Supreme Court case, the facts must show that the spouse receiving the award is now living with someone and pursuing a common law marriage relationship, accompanied by several circumstances including an intimate relationship between the former spouse and the live in, the sharing of living expenses and otherwise pursuing a relationship that for all intents and purposes is a common law marriage. Given those parameters it is often difficult, but not impossible for the court to find in favor of the former spouse that is paying the alimony and discontinue the award. But the bar is high for the finding to discontinue alimony and deciding facts need to be proven in court at trial of the matter pursuant to the filing of a petition for modification of decree.

Accounts Receivable Collections

It is on the basis of contract law that accounts receivable are collected pursuant to litigation. In any services arrangement between parties there is either a written or a verbal agreement for one party to provide what is often professional services to another. When this relationship to render services is entered into, a contract exists between the parties. In any services agreement a written contract is preferable so that the terms such as price and quantity or quality may be determined by reference to the contract. Otherwise, a simple verbal agreement leaves details and terms to memory which may be disputed if litigated. A written contract specifically sets forth all terms in stone. Nothing may be added or deleted from the written contract except by agreement.

Courts regularly enforce contract terms against a party in breach of the contract. Often summary judgment may be rendered in litigation where the breach is not disputed and it is obvious to the judge as to what has occurred. This cuts short the need for trial of the matter to obtain a judgment. In more complicated cases trial may be required. For accounts untimely and unpaid, a breach of contract has occurred and a plaintiff may seek money damages for amounts owing, plus attorney’s fees, if allowed in the agreement, and costs of court. For these accounts owing, judgment is the likely outcome in favor of the plaintiff.

Execution on a judgment is allowed by the court. This occurs where assets or money in the bank or other financial deposits of the defendant are levied and attached by a local constable to satisfy and pay the amount of the judgment. All assets of the defendant are available to pay the judgment except for exempt assets provided for the debtor’s benefit in the homestead exemption law of Utah.