Alimony Amendment proposed in Utah divorces


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Updated: 10/17/2012 10:26 pm | Published: 10/17/2012 8:09 pm
Reported by: Kim Fischer
The 'Alimony Amendment,' it’s a law designed to take the financial burden off of a person dealing with a divorce because of certain factors, like cheating. And, it’s being drafted right here in Utah.

A spouse scorned, by the love of their life, has been the theme of movies, television shows, and in the YouTube age, we watch the drama unfold on our computer screens. Even here in Utah, we met some people who have been betrayed.

"You just lose control I even spit on him and everything,” said Evelyn Puendia.

"Definitely got some revenge tp'd their house and a few other things I shouldn't say now, but I wasn't very happy so revenge was my first response," said Cindy Childs.

In our state, these scorned lovers would still have to pay up after their marriage ends. But Representative Fred Cox feels that's not fair. So he created the alimony amendments bill. It would allow judges to put a stop to alimony in divorce cases where there was an extramarital affair, abuse, or activity that would undermine the family's financial stability.

"I mean if alimony is needed and it's going to benefit the child in the end, I’ll support the decision of the judge to benefit the child," said Utah resident Preston Pratt.

Cindy Childs thought it might be a good idea.

"it's definitely a way for spouses to kind of make it fair because if you're going to mess up your marriage or your relationship, then they shouldn't be able to get alimony for it," she said.

There's actually already an alimony law in Utah, but "fault" has never been defined, so judges can't use it. Representative Cox has now made a clear definition of fault, and he says it's getting some backing.

That bill passed an interim judiciary committee Wednesday. That means it could be in front of the legislature first thing in January. We'll keep you posted.

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haiki - 4/9/2013 8:16 PM
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Now that Florida, Massachusetts, Colorado and Utah, New Jersey legislators, due to the changing realities of family life, proposed or passed that permanent current alimony obligations be eliminated in alimony reform legislation, it is now time to propose similar alimony reform legislation for disabled veterans, as Nevada, and West Virginia have recently enacted. You may ask why? Because,….. according to law…… = INFORMATIONAL COMMENT STATE COURT JUDGES = 38 USC 5301 Nonassignability and exempt status of benefits. "Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law,.. a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. = “It is well established that disability benefits are a protected property interest and may not be discontinued without due process of law. See Atkins v. Parker, 472 U.S. 115, 128 (1985); Mathews v. Eldridge, 424 U.S. 319, 332 (1976)” = How is it, that state court judges can arbitrarily and capriciously award as alimony, with the mere wave of a hand waive away a portion of a veteran’s VA disability rated compensation, moneys in the form of disability compensation, the disability rights of a veteran, whose disability rating that maybe determined and factored in as critical? Judgment as if all disabilities are exactly the same? State court judges, are in reality, playing doctor, without medical license or knowledge .. a practice forbidden, providing penalties by law , and border on medical negligence. All without any input, or approval from the Veterans Administration, overstepping those whose authority it belongs, the dedicated VA medical professionals, in the practice of medicine, re-evaluation, and rehabilitation of the veteran. While at
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