UT Bar Family Law 3 — Questions and Answers
Question 1: A Utah alimony recipient begins cohabiting with a new partner. What effect does cohabitation have on alimony under Utah law?
- The payor may move to terminate alimony upon establishing the recipient's cohabitation (Correct answer)
- Alimony is automatically suspended without any court action
- Cohabitation has no effect unless the couple marries
- Alimony is reduced by 50% by statute
Correct answer: The payor may move to terminate alimony upon establishing the recipient's cohabitation
Utah Code § 30-3-5 allows termination of alimony upon a showing that the recipient cohabited with another person, but the payor must seek relief within one year of learning of the cohabitation.
Question 2: Utah's child support guidelines calculate the base support obligation primarily using which model?
- The income shares model based on both parents' combined adjusted gross incomes (Correct answer)
- A flat percentage of the obligor's income only
- The Melson formula
- Judicial discretion without numeric guidelines
Correct answer: The income shares model based on both parents' combined adjusted gross incomes
Utah uses the income shares model, which bases child support on both parents' combined incomes and the number of children.
Question 3: In Utah, a noncustodial parent seeking to modify a custody order based on changed circumstances must generally show what?
- A material and substantial change in circumstances and that modification is in the child's best interest (Correct answer)
- Only that the child prefers to live with them
- That the custodial parent committed a crime
- That two years have passed since the original decree
Correct answer: A material and substantial change in circumstances and that modification is in the child's best interest
Utah applies a two-step test requiring a material and substantial change of circumstances plus a showing that modification serves the child's best interest.
Question 4: A custodial parent in Utah plans to move 60 miles away from the other parent's residence. What does Utah's relocation statute require?
- Written notice to the other parent at least 60 days before the move if relocating 50 miles or more (Correct answer)
- Court permission before any move within the state
- Nothing, because intrastate moves are unrestricted
- Consent of the child if over age 12
Correct answer: Written notice to the other parent at least 60 days before the move if relocating 50 miles or more
Utah Code § 30-3-37 defines relocation as moving 50 or more miles from the other parent and requires 60 days' advance written notice.
Question 5: Under Utah law, an unmarried biological father's ability to contest an adoption depends primarily on whether he has done what?
- Timely initiated paternity proceedings and filed notice with the vital statistics registry before the mother's consent to adoption (Correct answer)
- Provided any financial support to the mother
- Lived with the mother during pregnancy
- Been named on the birth certificate
Correct answer: Timely initiated paternity proceedings and filed notice with the vital statistics registry before the mother's consent to adoption
Utah strictly requires an unmarried father to strictly comply with statutory steps, including commencing a paternity action and filing with the putative father registry, before the mother consents or relinquishes.
Question 6: Which of the following is a valid basis for annulment rather than divorce in Utah?
- The marriage was between parties within prohibited degrees of consanguinity (Correct answer)
- Irreconcilable differences
- Adultery after the wedding
- Living separately for three years
Correct answer: The marriage was between parties within prohibited degrees of consanguinity
Annulment addresses defects existing at the time of the marriage, such as incest, bigamy, or underage parties, while post-marriage conduct like adultery is a divorce ground.
Question 7: In Utah, at what age may a minor marry, and under what conditions?
- At 16 or 17 with consent of a parent or guardian and juvenile court authorization (Correct answer)
- At 15 with parental consent
- At any age with court approval
- At 16 with parental consent alone
Correct answer: At 16 or 17 with consent of a parent or guardian and juvenile court authorization
Utah law bars marriage under 16 and requires both parental consent and juvenile court authorization for 16- and 17-year-olds, who may not marry someone more than 7 years older.
UT Bar Family Law 3
A Utah alimony recipient begins cohabiting with a new partner.
What effect does cohabitation have on alimony under Utah law?