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Brian Elliott Arnold
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Brian Arnold’s Answers

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  • Mother is offering to give father full legal physical custody as long as he agrees to not make her pay child support.

    My friends husband has a son that is a teenager. He wants to live with his dad and the child's mother agreed to switching custody as long as they didn't make her pay child support. The dad really wants the full, legal physical custody of his son b...

    Brian’s Answer

    The Judge will make sure there is child support because it is a right of the child not the parents. Child support cannot be negotiated away in exchange for custody.

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  • In a divorce

    I have heard here about property but now I have a question about debt??? If each had credit cards accounts under only there name does that not stay separate??? meaning if one spouse did not pay their credit cards...are those collection account ...

    Brian’s Answer

    Depending on what the deb is for, the Court can make both Parties pay for it, or pay a certain portion. It is a marital debt unless you or your spouse has hidden a credit card for personal item such as attorney fees in the divorce action.

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  • My wife and I are both on our mortgage and now she's refusing to help pay it, is that legal?

    Getting a divorce, we're living in the same house until it sells ando now she won't help with the bills

    Brian’s Answer

    Even though both of you are on the mortgage you can both choose not to pay it and be in breach of the agreement to pay it. I would file for divorce and seek a temporary order on how to split up the debt on a monthly basis and ask for at least of half of the past payments you have made to protect the mortgage.

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  • Is cybersex grounds for divorce in Utah?

    Last year I found out my husband was maintaining a "cyber relationship" with one of his friends who lives in a different state. When I confronted him, he asked us to separate. I'll file for divorce within the next couple weeks and was wondering if...

    Brian’s Answer

    Based on your question I do not believe you need grounds in the sense you should file for reconcilable differences. You can list the cybersex in the complaint but it does not sound like it will make a difference in the case unless you are seeking more money.

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  • Can I Remove her belongings from the house and keep them at a friend's place? What will be the risk?

    We got married in India 2 years ago. We lived in US since we got married. She abandoned me and left for India a month ago leaving her clothes and some of her things behind. I'm planning to divorce her soon. Also I want to move out of the house as ...

    Brian’s Answer

    You can probably remove her items. The risk you take is that the Court may order you to pay the value of them to her. On the flip side if you keep them the Court may grant you a judgment for some type of storage fee.

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  • Can I find out who my husband was last married to and why they got divorced?

    I am in the process of divorcing my husband on grounds of abuse and apparently his first wife did the same. I'd like to find out the details of the divorce and her maiden name. I found a record on utahsright.com but it gave no information other th...

    Brian’s Answer

    You could probably find out who he was married to, but not the cause. The reason is the court documents in divorce actions are private.

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  • My daughter just died and her child is with noncustodial drug abusing father

    My daughter just passed away. She was in a dcfs case for over a year. The father of her 10 year old daughter has a record of heroin/meth abuse as well as other crimes. He was incarcerated in Sept and released March. He has not had much of a role i...

    Brian’s Answer

    You do have a leg to stand on. You have drug use which can go to the best interest of the child. Also, it sounds like you have a significant history of taking care of this child and being in the child's life. There are specific statutes in Utah that need to be followed in this type of case. But, you do have a chance and it may be one you want to explore. These types of cases can be costly and time consuming.

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  • Uncontested divorce

    My wife has filed fr an uncontested divorce and we have signed stipulation papers. Her attorney filed the stipulation papers before the divorce petition. Can that be done? I also have not been notified of the filing. What is the procedure that sho...

    Brian’s Answer

    The Stipulation should be filed with the Petition. The attorney should give you notice that such has been filed. You can also call the court where the divorce is filed and ask them what paperwork has been filed.

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  • How do get information on prenups? In particular I want it to prevent the payment of alimony and the splitting of a 401k.

    My fiancé has agreed to sign a prenuptial agreement so in the unfortunate event of a divorce, the split would be a lot simpler.

    Brian’s Answer

    There are Utah Laws specifically drafted to control prenups in Utah. I would also talk to an attorney that gives free consultations and discuss what you want in the prenup and how best to move forward.

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  • Can anyone tell me about the Honorable Judge James Gardner?

    This is related to my previous questions....

    Brian’s Answer

    I believe it is unethical to post any responses to this question online. If you have any specific questions about what is legally going on in your case I believe we could answer those questions.

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