Legal Question in Family Law in Utah

I recently won a course case in which I was reinstated to my previous employer, and they have to pay me lost wages. I am also planning to get a divorce, is my spouse entitled to any of that money for my court case? He keeps threatening me that he's going to sue me for half. Can he actually do that?

Also, we were planning to file for joint custody, and he has no job, does he have the legal right to ask me for child support?


Asked on 4/17/13, 9:01 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Wages are considered to be marital property and would be subject to equal division in the event of a divorce. So, the answer to your first question would be yes.

With respect to your second question, child support is based on the gross monthly incomes of the parents. Even if he is unemployed, the court will impute a gross monthly income to him based on his ability to work at least a full time job earning minimum wage. Depending on the custody arrangement, it is possible you could end up paying him child support. For example, if you and he will share physical custody on an equal, 50/50 basis, and your income is higher than his, whether his actual income or imputed income, then you would end up paying him some nominal amount of child support. However, if you were awarded primary physical custody, then he would have to pay you child support regardless of who makes the most income.

If you would like a free initial consultation, please feel free to contact me at (801) 274-3100.

Thank you

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Answered on 4/17/13, 9:20 pm


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