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Daniel Rodwicke Ybarra

Daniel Ybarra’s Answers

2 total

  • Do you have to claim your live in girl friends wages in a divorce?

    I have been separated for 9 years ad living with my girlfriend for 5. I am going threw the process of divorce. My ex is unwilling to let this be easy without getting child support. We have had equal custody of our 11 year old son for years. He liv...

    Daniel’s Answer

    Although, in a practical sense I agree with the other two attorneys, I also think you need to be ready for your wife to claim that at least part of your girl friend's wages would count toward your gross income for child support calculation purposes. She may claim under Utah Code 78B-12-203(1) that at least part your girl friend's wages count as your gross income as a "gift". Of course it would depend on your circumstances and relationship with your girlfriend. For example, if your girlfriend pays a portion of the rent and other household expenses, this may be deemed a "gift" for income purposes and would need to be considered in making the child support calculation. However, if you are not receiving anything from your girlfriend that could be construed as a "gift" then there would be nothing but your personal "income" to consider.
    Here is the exact language of the statute for you to read and consider what might be required to report as income:
    (1) As used in the guidelines, "gross income" includes prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from "nonmeans-tested" government programs.

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  • What is the statute of limitation for taking my renters to court for non-payment of rent?

    it's been almost 4 years and they owe me just over 10k

    Daniel’s Answer

    The statute of limitations depends on the type of contract you made. If it was a properly executed (signed) written agreement then Utah Code 78b-2-309 likely applies which gives you 6 years to file. If the agreement was oral then Utah Code 78b-2-307 likely applies which gives you 4 years. However, if your contract is oral you may have other issues trying to enforce the agreement depending on what your agreement actually was. For example, the statute of frauds or Utah Code 25-5-4 would invalidate a lease for a year or more if it is not in writing.
    I hope this helps. To really know for sure which statute of limitations applies and whether your agreement would be enforceable I'd need to know more about the specifics of your agreement.

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