The Appellate Group

Bailey v. Bailey

Bailey v. Bailey, 2024 UT App 51 (Harris, J.)

Civil Procedure

Nine years after her divorce, Ex-wife filed a petition to modify the child support provisions of her divorce decree, asserting that Ex-husband’s income had significantly increased. The matter proceeded to trial, and the court sanctioned Ex-husband for noncompliance with pretrial disclosure obligations. Ex-husband now appeals, arguing that the district court made inaccurate findings and conclusions. The Utah Court of Appeals reversed, holding in part:

  • The district court erred when it imposed sanctions under rule 37, because Ex-husband did not violate any discovery or disclosure order.
  • Judicial tip: Ex-husband’s conduct might have been sanctionable under Utah Rules of Civil Procedure 26.1.

Read the full court opinion