Diana Huntsman | Salt Lake City Divorce & Family Lawyer

Appellate Case, And**** v. And****

Practice Area: Alimony

Date: Mar 13,

2008

Outcome: Alimony reduced from $750, for 25 years, to zero ($0).

Description: Most family law cases are private in Utah. The exceptions are those that are appealed. In this case, the trial court awarded $750/month in alimony for 25 years, based partial on side income a husband earned from cutting firewood. The man retained me to appeal that decision, which I did. I was successful, and convinced the appellate court that alimony had been miscalculated. The appellate court remanded (meaning they sent the case back to be reconsidered by the trial court). On remand, I was successful in convincing the trial court alimony was not appropriate at all.

Appellate Case, R.P. v. Private

Practice Area: Child Custody

Date: Feb 21,

2014

Outcome: Couple retained all rights to a child born into their marriage. Ex-paramour denied any parental or visitation rights.

Description: Family law cases are private, except when they are appealed. In this case, at the trial court level, I reed a husband and wife who were fighting to save their marriage. I was successful in preventing the wife's ex-paramour from having visitation with a child born into the couple's marriage. The couple had tried to be reasonable in allowing visits, but the ex did everything in his power to make those visits uncomfortable and ruin the couple's marriage. I was successful at ending his involvement. The opposing side appealed. The Appellate Court entered an involved and interesting decision, ultimately upholding the trial court's ruling.

present

Appellate Case, B.C. v. J.H.

Practice Area: Child Abuse

Date: Apr 28,

2008

Outcome: Established that father did not abuse child. Obtained a $25,000 award of fees from mother for accusations found to be "without merit."

Description: Family law cases are private, except when appealed. In this case, I reed a father fighting to preserve his rights to visit his young daughter. His ex wrongfully accused him of abusing her. We proved there was no abuse. As part of its ruling, the trial court awarded my client approx. $25,000 in attorney's fees under Rule 37(d) of the Utah Juvenile Court Rules. Rule 37(d) allows for fees if a party proves accusations of abuse are "without merit," meaning abuse "did not occur." The opposing side appealed the trial Court's ruling. On appeal, the Court clarified the factors for determining if allegations are "without merit," indicated that it appeared we had proven this in our case, but remanded the case for a direct more ruling on that question from the trial court. On remand, the trial court confirmed its finding that abuse did not occur, and confirmed it's award of fees. In a subsequent case, I reed this father in obtaining custody of his daughter.

present / present

Appellate Case, C.H. v. R.H.

Practice Area: Divorce & Separation

Date: Jun 12,

2003

Outcome: Divorce case, all issues decided in my client's favor. Husband appealed. Appeal dismissed based on procedural arguments.

Description: Family law cases are private, unless an appeal is filed. This was a divorce case, in which my client won every issue. The opposing side appealed. We were able to get the appeal dropped, based upon procedural mistakes made by the other side in filing. However, the results were so one-sided the ex-husband refused to comply. We took him to court a number of times to force him to pay, but ultimately settled for slightly more fair terms, in exchange for a midnight deadline for payment of support, with extremely stiff penalties for being late. Compromise was effective.