The Appellate Group

Allen v. Allen

Allen v. Allen, 2021 UT App 20 (Pohlman, J.)

Family Law

Mr. Allen challenges the district court’s award of spousal support, child support, child custody, and finding of contempt. The Court of Appeals affirmed:

  • Mr. Allen has not shown that the district court’s spousal support award was an abuse of discretion because he did not adequately challenge an independent ground for affirmance when he challenged that ground based upon the district’s court’s circular reasoning.
  • The district court did not abuse its discretion when it determined that Mr. Allen was more than $18,000 in arrears with respect to his child support. Among other things, Mr. Allen has not shown that he preserved this issue of whether over $11,000 of that amount should have been credited against his child support obligation for appeal because, even though he raised it to the trial court before trial, he did not renew the issue at trial so that the court could rule on it.
  • The district court did not err when it found Mr. Allen in contempt based on his failure to comply with the orders to pay child and spousal support. It based its determination upon credibility assessments that the court of appeals will not disturb.
  • The district court did not err in making its custody decision.
  • Attorney fees on appeal are awarded as to one narrow issue only; the parties stipulated to paying their own attorney fees accrued in the district court proceedings, and the district court declined to otherwise award Mrs. Allen attorney fees under the statute.

Read the full court opinion