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How to Identify Actions Without Merit

The mere fact that an action is without merit is not enough to establish that it was also brought in bad faith. See e.g. Utah Dep’t of Soc.

Here, the Petitioner has filed an affidavit of impecuniosity, which the Respondent has attacked as an exaggerated and false portrayal of her financial condition.

The amount of the Petitioner’s paycheck fluctuates, but she has a marketable skill which would permit her to earn more income than she is presently earning, and although her testimony forecast that she would lose her job as a result of tensions which have arisen at work over her involvement in this action, it was clear during the hearing that as of that date, here employment has not been terminated and she has been asked to continue working for the immediate future.