The Appellate Group

Myers v. Myers

Myers v. Myers, 2023 UT App 20 (Harris, J.)


A divorcing couple submitted a joint stipulation using the forms provided by the court’s self-help center. Husband, an oil rig worker, agreed to pay $916 in child support every month and $2,300 in alimony. Wife ran a small business that brought in about $250 each month. The divorce court entered an order reflecting the couple’s agreement. It made no findings as to Wife’s month income or expenses. A short time after the divorce, Husband quit his job, began working at a home improvement store, and petitioned the divorce court for a modification of the child support and alimony. During this same time, Wife had gained fulltime employment, grown her business, and began teaching yoga. Despite these changes, the district court declined to modify the divorce agreement. The court failed to make any specific findings about Wife’s monthly income or expenses. The court of appeals reversed and remanded, holding:

  • The district court needed to make a full analysis of the parties’ expenses and earning potentials before concluding that Wife’s earning capacity had not changed.

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