MacDonald v. MacDonald

The Supreme Court affirmed the decision of the court of appeals affirming the district court’s denial of Petitioner’s petition to vacate or reduce the alimony award to his former spouse under Utah Code 30-3-5(8)(i)(i), holding that the court of appeals properly determined that Petitioner failed to carry his burden of establishing that the change of circumstances he alleged was foreseeable at the time of his divorce.In denying Petitioner’s petition, the district court applied a standard set forth in Bolliger v. Bolliger, 997 P.2d 903 (Utah Ct. App. 2000) and other cases. The court of appeals affirmed but under a different standard. The Supreme Court affirmed while clarifying the standard that applies under section 30-3-5(8)(i)(i), holding (1) the question is whether an alleged substantial change was “foreseeable” at the time of the divorce, not whether it was “contemplated” in the divorce decree, which is the standard set forth in Bolliger and other cases; and (2) Petitioner failed to carry his burden of establishing, on the basis of the record before the court that entered the divorce decree, that the change he alleged was not foreseeable. View "MacDonald v. MacDonald" on Justia Law