Figuring out your spouse wants to get divorced hurts. While your spouse may wish to file for divorce, you may disagree or be in denial about dissolving your marriage. While it is your legal right to do so, it could make life difficult for you and your spouse. Divorce is not an easy process and can become more complicated if one party decides not to participate. Ultimately, refusing to get divorced could also have negative effects on your future as well. However, in the event you would like to oppose a divorce, can you? Today, we go over if you can oppose a divorce and the impact of doing so. If you truly believe that you can repair the relationship, then you should ask the court to refer counseling. When the court agrees that counseling may be beneficial, they will ask the counseling service to report back to the court within 60 days. If the counseling service finds that the parties have reconciled, then the court will dismiss the divorce petition. If, on the other hand, after counseling your spouse still claims irreconcilable differences, the court will move on to consider how to divide your assets, whether either spouse is entitled to maintenance (Washington’s term for alimony) and how to address custody issues, eventually granting the divorce. If you don’t agree with your spouse that irreconcilable differences exist, you should carefully discuss your options with an attorney. What Happens if You Refuse to Get Divorced?Unfortunately, you cannot simply refuse to get divorced and avoid the process. If your spouse files for divorce and you do not respond, your divorce will be put on hold and then become a contested divorce. If you fail to sign the divorce papers, your spouse may be awarded a default divorce. The downside to your spouse receiving a default divorce is that you will not be able to contest anything. A judge makes determinations based on whatever factors he/she has, which, in this case, would just be information your spouse provided. If you refuse to respond to being served divorce papers, the judge will make all his/her decisions based on whatever information your spouse brings up. Thus, unless you respond and contest certain matters, your spouse will receive the divorce on their terms. On What Grounds Can You Oppose a Divorce?You cannot oppose a divorce just because you do not want to get divorced. However, if there is a chance you and your spouse may resolve your differences and you both want to work together to accomplish this, you can oppose the divorce. However, you must both be willing to work together to make this happen. If you are able to reconcile, then the spouse who filed for divorce might reconsider the divorce.If you do not agree with certain terms of your divorce, then you can contest them. When you are served divorce papers you can dispute anything you do not agree with, including matters such as child custody, child support, spousal support, and property division. You will want to consult with an experienced divorce lawyer before doing so though to ensure your rights and interests are protected. You can also file a counterclaim with your proposed divorce terms. These discussions can quickly turn contentious, so it is important to continue to navigate this time with your lawyer’s help. You do have the option of trying to work out your differences with your spouse through mediation. Reasons for Contesting a DivorceContested issues within a divorce can involve virtually anything that becomes a point of contention between the parties. One might have difficulty deciding how finances should be split, who gets the house, or even child custody rights. There are five main reasons why a lawyer would recommend that you contest your divorce, including: The Concealment of AssetsUnfortunately, it is fairly common for spouses to hide things from each other during the marriage and when going through a divorce – including items that are financial in nature. When a spouse conceals assets from a court, the judge will not be able to take the value of these items into account when it comes to deciding how to divide the property between the parties. Additionally, such assets may also have an impact on the determination of spousal maintenance, if any, and child support. Because a contested divorce is litigated, it gives each spouse access to discovery tools that can help identify all assets in question, which can help put the parties on a level playing field. The Best Interests of ChildrenIf parents disagree regarding co-parenting arrangements, a contested divorce is required in order to get a court ruling on custody and/or visitation. This is because a judge is required to make a finding that best serves the best interests of the child or children involved. This process includes the consideration of factors like the emotional and physical needs of the children, each parent’s ability to provide for the children, any past acts or omissions by a parent that could indicate trouble within the parent-child relationship, as well as the wishes of the child or children themselves. Spousal MaintenanceSpousal support is necessary in many situations following a divorce; however, it’s not uncommon for spouses to disagree. In a contested divorce, it must be proved to the court that the party seeking financial support gave up significant opportunities during the marriage. A judge can approve a request for spousal support for a variety of valid reasons, including one of the parties left school to get a job while the other obtained a degree, one spouse suffers from an impairment that leaves them unable to work, or if a spouse cannot work because they are the caregiver for a disabled child. Abuse in the MarriageUnfortunately, many divorces involve those who were psychologically or physically abusive to their partner. While divorcing an abusive spouse can bring light at the end of a dark time, it can be difficult, as abusive spouses likely want to interfere with the divorce proceedings as much as possible. Because of this, having an experienced divorce attorney as well as insight from the court in a contested divorce can help ensure all items are accounted for without interference from the abusive party. Spouse is Unwilling to Compromise and Has Unrealistic ExpectationsIn the event a spouse assumes they are entitled to unreasonable terms, a contested divorce is in the best interests of both sides. It is impossible to resolve all related family law issues with someone unwilling to compromise or negotiate. Pursuing a contested divorce may be cumbersome; however, it helps avoid an incredibly one-sided and/or unfair divorce settlement. Contested Divorce InstructionsMuch of the same basic information provided for uncontested divorce applies to divorce cases that are “contested”. That is, a divorce petition is filed by one spouse and served upon the other spouse by a constable or the Sheriff’s office. Along with that petition is a document called a Summons. The Summons gives directions to the person being served about what they need to do if they do not agree with what is in the petition served upon him or her. If that person does not agree they must file a written “Answer” to the petition with the court clerk and send a copy to the attorney for the person filing the petition. Moving Into DiscoveryAfter you file for divorce, the divorce papers have been served and the appropriate spouse has responded to the divorce petition — which is typically required within 30 days — the next step is to move into the stages of discovery during the contested divorce process. In order for discovery to go smoothly, it is crucial to have meticulously prepared a significant amount of paperwork beforehand, detailing your shared assets, incomes, documentation of children parented by the spouses, shared debt, and any other relevant details. With this information in hand, it will be much easier for each spouse’s attorney to get a clear idea of the previous marital situation and therefore determine what each spouse is entitled to. Temporary OrdersBetween the time the divorce action is commenced and the time it is completed the court has the authority to make and enforce Temporary Orders regarding such matters as child support, child custody, alimony, possession of the house, visitation, payment of bills, possession of personal property, etc. These orders are temporary because such matters will be reviewed again at the time of the divorce hearing or trial. Final orders regarding these matters will be entered as part of the divorce decree. Child CustodyIf you want to seek custody of your child or children, the time of the divorce action is the time to seek custody, as opposed to seeking custody later after the divorce is completed. The fundamental basis for determining custody is what is in the “best interest of the child”. This can involve numerous elements, and quite often it is necessary to obtain a “Custody Evaluation”. This is almost always required by the court in custody cases. These evaluations are generally performed by psychologists, usually with a Ph.D. degree in psychology. The prices can vary depending upon the evaluator, the number of children involved, the amount of time to be spent, etc… The cost can range from around $3,800.00 up to $15,000.00, with the average running from $6,000.00 to $8,500.00. Obviously, they are expensive, but they are an essential part of a custody case. Divorce SettlementOnce all temporary orders are taken care of and each divorce attorney in Utah has gone through discovery, both parties will be encouraged to reach a settlement. Though the spouses have the possibility of attending divorce court, it is preferable to reach an agreement beforehand, whether on their own terms or with the help of a third-party mediator. Reaching a settlement independently increases the likelihood that the spouses will have a mutually satisfactory compromise when it comes to assets, custody, debt distribution and more. However, as is to be expected, a peaceful settlement is not always possible between the spouses as negotiated by the Utah divorce lawyers. If that is the case, each attorney will continue the discovery phase and await a court date for their clients. How quickly the case goes to trial is determined by numerous factors, including how busy the divorce courts are at that particular time. Going To TrialAlthough the idea of going to court can be daunting, the next step to resolve a contested divorce is to attend a trial date in divorce court. Trial is the time for each spouse’s legal team to present witnesses, cross-examine the other party’s witnesses, and finally, make convincing closing arguments for why each spouse deserves what they are asking. Witnesses may be chosen for their ability to attest to a spouse’s character, which could be beneficial regarding custody struggles. After hearing each side’s legal arguments, the presiding judge will write a final order that states the resolution of all of the issues presented during the hearing. The length of time that it takes for the judge to make his or her final decision is directly correlated to how complicated the case is. Making Post-Trial Motions and Appeals in Divorce CasesEven after the trial date and the issuance of the judge’s final order, either spouse can fight to continue the divorce trial if they so choose. If he or she is dissatisfied with the judge’s decision, either party can file a post-trial motion in an attempt to re-try their case and potentially gain more in a future settlement. Post-trial motions should be filed within 30 days of the judge’s recent decision and the other spouse will have 30 days to respond to said motion. If the motion is granted by a judge, either attorney can present their arguments as to why the final order was or was not fair for their client. However, if the post-trial motion is not granted, the final route is to file an appeal within 30 days of the final order or the denied post-trial motion. Once oral arguments are presented by each spouse’s legal representation, the court will make its ultimate decision. At that point, the case will either be reversed and go back to court, or it can be affirmed, reaching its end. Free Consultation with Divorce Law FirmIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
If My Ex Goes Bankrupt, Will I Still Get Alimony? Utah Foreclosure Process Explained Are Mothers More Likely To Get Child Custody During Divorce? Estate Planning For Single Parents Establishing Legal Paternity In Utah For Child Support How Do I Keep Track Of Child Support Payments Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Do I Oppose Divorce? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-do-i-oppose-divorce/
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When a child is born, both parents have a financial responsibility for that child. It’s not uncommon, once the parents separate, for both parents to contribute to the daily needs of the child; they share time with the child, school expenses, extracurricular activity expenses, purchase clothes, and in many cases, one parent gives money directly to the other parent for the child , oftentimes even without a formal court order. However, time and again, at some point, the parent who receives that money from the other parent alleges that the parent has not been making child support payments as ordered. This is where problems arise, because if the paying parent can’t prove that they have in fact been financially supporting their child, they may be hit with child support arrears (back child support), which can have detrimental financial and legal effects including increased wage garnishments, contempt charges, bank levies, license suspension, and more. Here are 7 proactive things you can do to make sure you get credit for child support payments.Avoid paying in cashAlthough typically “cash is king,” that is not true when it comes to child support cases. In fact, paying child support in cash is one of the biggest mistakes often made by the non-custodial or paying parent. Cash is hard to track. Unless you are given a receipt from the receiving parent for the cash payments you make, if that parent one day alleges that payment was never made, you will have to go too far lengths to prove that you actually did make payment directly to the parent. How to prove cash payments?If you’ve already made several payments to the other parent in cash in the past, all hope is not lost if claims of non-payment are made, but you will have to do a little leg work, and it may or may not suffice, depending on how diligent you’ve been keeping track of things. • Method 1– Obtain copies of your bank statements that align with each payment you made. If you withdrew money for your child support from the bank, or made transfers with the note “child support,” indicated, you may be able to show that you routinely withdrew cash payments specifically for child support. • Method 2– Subpoena the other parent’s bank records. When you have a pending Family Law matter, you can often take advantage of what’s known as the “discovery” process; this is the way lawyers are able to obtain information from the other party in your case that they may not voluntarily provide. If you subpoena the other parent’s bank records, you may be able to show that your checks were in fact cashed or deposited into their bank account and that they did actually receive the payments. This method goes hand in hand with having your bank records, as you will be able to cross-refer their deposits to the withdrawals that came from your account. Use checks or money ordersIf you pay using a check, it’s usually pretty easy to obtain copies of canceled (cashed) checks from your bank. Using Money orders is a slightly less efficient way to track payments, but if you make a copy of the completed money order and save the money order stubs/receipts, this may suffice. Keep receiptsIt’s so easy to make a habit of immediately trashing receipts in an effort to avoid clutter. However, in the case of caring for your child, it’s essential that you keep receipts for any and all payments and purchases made for the benefit of your child. I like to say, it’s better to have too much than too little – it’s okay to go overboard. Set up a file, call it “child expenses,” and put any receipts in that file. And to take it a step further, make a note on your receipts, circle the date/time, amount, and write what the payment was for. This way, if the issue of whether you take care of your child come up, you will have plenty of documentation to show what was purchased, when, why, and for how much. Communicate with your spouse regarding each payment in writingIn case all else fails, always C.Y.A. (“Cover YOU’RE A* %). Good Lawyers do it when they work on your behalf and you should do it too. C.Y.A. is important for every aspect of your case, but in this aspect, all it requires is that you send a letter, text or email to the other parent, confirming delivery/receipt of the child support payments. That way, you can use this document as evidence or an exhibit at your trial or hearing later to show that payments were made and/or received. Go with the garnishmentIn most cases, when a child support order is made, a wage garnishment will be issued. This means that your child support will be automatically deducted from your paycheck. This is especially true in cases where the local child support agency is involved. However, in some cases, the parents can agree that support payments will be made directly to the other parent. More often than not, this is a bad idea, especially in cases of high conflict between the parties, because at some point, claims of non-payment are made. So, to be on the safe side and avoid unnecessary litigation for the sake of proving that you paid your child support, it’s likely best that you request or agree to wage garnishment – this way there are trackable records of payment and your payments will be made on time. Keep an Indisputable Record of Maintenance and Child Support PaymentsIn the event that you become responsible for paying child support and/or spousal maintenance, it is essential that you keep a detailed record of each payment made. If ordered to pay child support, it is likely to be for a period of several years. The duration of a spousal support order varies depending on the parties’ situation. Why It’s Important to Keep a RecordOften times, a court orders your payments made payable to the Family Support Registry (FSR). The FSR then distributes the payment to the obligor. The FSR keeps track of the date and amount of your payment. However, it is not always clear as to whether your payment was for child support or spousal maintenance. Missing just a few payments can cause you severe frustration several years down the line. The sheer number of payments is one reason why it is imperative that both the obligor and obligee keep a record of each payment made, including, but not limited to: Consequences of Missed Support PaymentsNot only is it important to meet your obligations if you are the obligor, but just imagine the conundrum you may face should the obligee seek to recover any alleged missed payments if you do not have sufficient records to prove the payments were made. Under Utah law, if any court-ordered installment of child support or maintenance is due and unpaid, it does not automatically becomes a final money judgment. Consequently, you need to file a motion to enforce the decree of divorce or the child support order in order to collect. Remember, each state is different. Due to the various durations of time which the child support and/or spousal payments may be required, if you have not maintained a record of your payments, it may be difficult to defend yourself. Never rely on your bank or financial institution to safeguard these records for you, as the method of payment used ten years ago may now be obsolete due to constantly changing technology. Support Payment MethodsOnce the court calculates the income of both parents, it will determine what child support is necessary, if any. And if the court orders child support, there are typically two different ways those payments can be made. In some states, the law requires that payments are made directly from one parent to another. In other states, however, the law requires indirect payments where one parent issues payment to the state, which then distributes the support payments to the other parent. And in cases where you get behind on your payments, the state can garnish your wages in order to cover your missed support obligations. Proof of Direct PaymentsIf you are required to make your child support payments directly to the other parent, it’s imperative that you collect proof of those payments at the time you make them. Because other forms of payments typically have a paper trail, direct payments are often where conflicts over child support originate. This is especially true if you pay your obligations with cash. That’s why cash should only be used as a last resort. A check or money order will leave a paper trail in case you ever need to prove your payment. A cashed check or a money order stub are strong evidence that a payment has been made. If you have previously made payments in cash, all is not lost. If a dispute arises, you may be able to use your bank records to show withdrawals in the amount owed. For any future cash payments, it is wise to either request a receipt or attach a letter acknowledging the payment. Be sure to keep copies of these documents. Proof of Indirect PaymentsIn most cases, it’s much easier to prove indirect payments. Typically, when you make a payment to a state agency, you will be given a receipt. The agency will also be required to keep a log of your payments, so the evidence should always be available. That being said, it’s in your best interest to keep copies of every receipt. Proof of GarnishmentsIf your employer garnishes wages for your child support, there will be company records that reflect the amounts collected. If you are required to provide evidence of the payments, you can obtain copies of the company’s records that will reflect the amount withheld from your paycheck. Protect Yourself by Keeping RecordsThe determination of child support is made at the initial divorce proceeding. Altering a child support order after the fact is possible, but it’s easier to obtain a favorable child support arrangement during the original divorce proceeding. Unfortunately, disputes regarding these payments arise from time to time. That’s why it’s important to keep evidence of every payment you make. In a worst case scenario, the court could mandate you to make the same payment again if you aren’t able to prove you made it the first time. Regardless of whether you are responsible for paying child support, maintenance, or both, missing just a few payments may cost you more than you bargained for, including the time required to trace your payment history. The needless expense associated with re-creating your payment history is entirely avoidable, so be sure you maintain an accurate, detailed record of each payment made. Free Initial ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
My Spouse Just Asked For A Divorce, What To Do Now? Top In SLC Utah Accident Attorney If My Ex Goes Bankrupt, Will I Still Get Alimony? Lawyer To Get Inheritance In Utah Are Mothers More Likely To Get Child Custody During Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Do I Keep Track Of Child Support Payments? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-do-i-keep-track-of-child-support-payments/ There was once a presumption that children should always stay with their mother following a divorce. Most states no longer honor that presumption, however. (In fact, some states have passed laws stating that there is no custody preference for women over men.) Despite this change, mothers are still more likely to get custody when parents divorce. State laws vary as to what courts must consider in determining custody arrangements, but the general standard used today is that the custody award must be in the “best interests of the child.” And, the factors court consider in discerning where those best interests lie are more likely to favor mothers, as most marriages are structured. If they can put rancor aside, most parents would agree that their child’s best interests should prevail. But, if you are a divorcing dad, you should know some of the factors courts commonly consider in making this determination — and what steps you can take to show your parenting skills. Whether you are trying to get joint physical custody, sole custody, or simply the most generous visitation with your child possible, you’ll need to know what the judge will look at when deciding custody issues. Who Is the Primary Caregiver?>/h2>One factor in determining custody is which parent has been the primary caregiver for the child. Some states actually use the term “primary caregiver”; others refer to the parent who is best able to meet the child’s needs, who is most willing to accept parental responsibilities, or who has been caring for the child. Regardless of the terms used, the primary caregiver standard tries to determine which parent has been responsible for meeting most of the child’s daily needs, such as feeding, bathing, playing, waking and putting to bed, making doctor appointments, arranging for child care, and so on. In some families, these tasks are truly shared between the parents. And of course, some stay-at-home dads bear most of the responsibility for their children. However, even though more women work full time now than in the past, women are much more likely to take on the primary caregiver roles. No matter how much or how little involvement you have had in handling these daily tasks so far, you should start taking on as many of these daily tasks as make sense for you, your spouse, and your child. After all, you will have to start handling all of these activities after you divorce, at least when your child is with you. And, the court will look at your history of performing these tasks in determining custody. Parent-Child BondAnother factor courts use in making custody determination is the relationship between parent and child. The younger the child, the more likely it is that the bond between the mother and child is greater than the bond between the father and child. This is not a reflection on the father as much as it is a reflection on typical parenting roles when children are young. A mother is typically the one to feed the child from birth through the toddler years and that closeness allows for a different kind of bond than a father might have with a child. Mothers are more likely to take more time off work or stay home entirely with their child than fathers. As a result, young children tend to look to their moms first for basic daily needs and emotional support. The more involved a father can be with his infant and young child, the closer the bond will be. Especially if you want joint custody, you will need to learn how to provide the support and care your young child needs. Relationship With the Other ParentIn many states, the law presumes that children will be best served by having a meaningful relationship with both parents. One factor many courts consider in determining custody is therefore whether one parent is more likely to foster a healthy relationship between the children and their other parent. A parent who has tried to poison the child’s relationship with the other parent or refused to allow contact with the other parent won’t fare well here, unless there’s a good reason (such as child abuse or domestic violence). You can help your custody and visitation chances by staying civil and respectful towards your spouse, especially in front of your children. Experts tell us that children of divorce fare much better if their parents don’t use them as pawns in an ongoing battle, but instead allow the children to maintain a positive, healthy relationship with both parents. It’s best for your children, and it will be best for you in court. Getting Legal HelpA father wishing to get joint or primary custody of his child following a divorce action should consult an experienced family law attorney. An attorney can explain the factors the court will consider in determining custody and help you try to prove that you would be the better (or an equally good) custodial parent. Laws differ from state to state, and conventions differ from judge to judge. An experienced local attorney will know how your court and your judge typically decide these issues, and help you put on the strongest possible case for custody. A lawyer can also help you negotiate a custody arrangement with your spouse. Do custody laws contain gender preferences?No. Today, many mothers work outside of the home and earn an income, while fathers stay home and work as the primary caretakers. There is no gender preference stated in custody laws. With very young children, such as babies or infants, there may be a tendency to give primary custody to the parent that is breastfeeding an infant through the night (which will also be the mother), with few to no overnights to the other parent until such time as the child no longer requires night feedings. However, this tendency has more to do with what’s in the child’s best interests (feeding schedules and sleep routines) than the parents’ genders. If, for example, the father is responsible for night feedings, say if the child is drinking only formula through a bottle, then there may be no need to prohibit overnights. Judges will make these sorts of decisions using a case-by-case analysis of the facts surrounding custody and will then determine what sort of arrangement is in the child’s best interests. What should you do if you want custody?If you want to fight for custody of your children, you need to get help from a qualified divorce attorney who is experienced in custody issues. One common misconception in divorce cases is the belief that a mother will automatically be granted custody of the children. However, this simply is not the case. In reality, determining child custody is a far more complicated process than many people realize. Statistically, it’s a fact that mothers are more likely than fathers to be awarded custody during divorce proceedings in the US. However, the myth of mothers always earning custody is a thing of the past. In many cases, mothers are also income earners, while fathers have taken on more traditional child-rearing duties. There is no implicit bias in the courts based on the gender of the respective parents during a divorce. Decisions pertaining to child custody are based on several factors all designed to ensure a decision that is in the best interest of the child or children involved. The Courts mostly consider the historical roles of the parents during the marriage in an attempt to maintain consistency for the children involved. The most important factors that go into the court’s child custody decision include: • The physical, mental, and emotional wellness of both parents and how capable they are of providing care for their child How Can A Mother Lose A Custody Battle?There was once a time when, during divorce, a mother would automatically have custody of her children. But now that things are changing, you might be asking: how can a mother lose a custody battle for her child? Is it possible to lose custody of your children even when you’ve been raising them yourself all this time? Although the increase in the number of fathers gaining custody of their children during a divorce (or separation from their partner) isn’t exceptionally high, the possibility of this happening in your case still might cause you stress. After all, even if you’ve been awarded custody of your children, that decision can still be reversed if your ex challenges your rights to custody based on specific grounds. So, if you’re worried about the possibility of losing your right to child custody and no longer being able to care for your children, you need to know what factors can lead to that. Child abuseA mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother. Violence at homeIf it is reported that the mother is abusing other members of the household (not the children), she can still lose her custodial rights. Domestic violence is not something children should be exposed to, as this can harm their psychological development. Moreover, domestic abuse can escalate anytime, thereby exposing the children to potential harm. So if the mother is proven to engage in such abuse, she can have her custody revoked. Fabricating lies about abuseA mother making false allegations of abuse against the other parent can lose custody if it is proven that the accusations are all fabricated. It will be much worse if it is discovered that she used her children to deceive whoever has investigated her allegations, as well as the lawyers and the court. This could lead to not only the loss of a mother’s right to custody but also visitation rights. Serious neglectNeglecting to provide the basic needs of your child, including access to health and education, is also a ground your ex can use to reverse the court’s decision to grant you custody. Child neglect is actually a form of abuse, and it encompasses other things like: Children who are left to their own devices become unduly exposed to danger or threats to their safety. They can contract a disease and are also at a higher risk of developing mental illness. Here, you need to remember that minor or rare infractions, such as being late to pick the children up from school or not being able to keep a routine doctor’s appointment, won’t automatically lead you to lose custody. These things can happen to anyone, and the court understands this. Long-term, consistent neglect is something else, and if it threatens your children’s well-being, the court can intervene. Severe mental health issuesMothers (or parents in general) who have mental health issues are not automatically disqualified from having custody of their children. However, according to Mental Health America: “Custody loss rates for parents with mental illness range as high as 70-80 percent, and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness.” Then again, the other parent needs to provide the court sufficient proof showing that the mother’s mental state or psychological issues compromise the safety of their children. Also, since matters like these are sensitive and grave, the court may require parents to undergo psychological testing, as well as counseling and interviews by experts, before making any decision. Drug and alcohol abuseA mother who is proven to have demonstrated a dependency on prohibited substances or drugs and or alcohol runs the risk of getting her custody and visitation rights revoked. If a mother has these addictions, it puts to question her fitness and ability to care for their children. Moreover, children of drug addicts and or alcoholics have a higher risk of suffering from neglect, being abused, and imitating their parent’s behavior by picking up similar bad habits. If a mother is suspected of substance abuse, the courts might require her to undergo drug testing. Although failing a drug test may not automatically rescind her custodial rights, it would likely influence the court’s final decision. Parental alienationIn Utah, children are encouraged by law to have regular and frequent contact with both their parents in a process called co-parenting. In such cases where parents share visitation and custody rights, they are legally bound to follow the custody arrangement. Mothers who attempt to damage the image of their ex-partner or co-parent, or who physically withhold the kids from the other parent are guilty of parental alienation. Making derogatory or degrading comments about their co-parent to turn the children against the other parent is simply unacceptable behavior. A mother who makes a habit of setting important appointments or trips that lead to the father not being with his children on their scheduled time together can also be accused of causing parental alienation. If the father keeps detailed notes of those instances where the mother finds ways to sabotage his supposed time together with their children, these can be used as evidence against her. So, mothers (or fathers) guilty of committing these things could have their visitation and custodial rights limited. Failure to commit to parental responsibilitiesA mother could have her children’s welfare at heart and may genuinely want to raise her children. However, if she is always away (even on business), working multiple jobs, in military service, or engaged in anything that takes away precious time from her children, it can put her custodial rights at risk. A father in a custody battle can use this as a weapon against the mother to gain custody of their children. Since family courts are primarily concerned with ensuring the children’s interests are protected, they would prefer to award or transfer custody to the parent who will be there for the kids. Therefore, if you are in a similar situation, you need to speak to an attorney and make changes to your lifestyle or work arrangements. Do this before things get out of hand and your custody gets challenged. Court order violationsA mother can violate a court order in different ways, and the consequence of any violation can lead to the withholding of her custodial rights. Such violations can be in the form of abuse and neglect of the children. If the court orders a shared custody agreement where she and her co-parent have equal custody and visitation rights, and she fails to comply or interferes with the parenting time, she is considered to be in violation of the court order. When a mother exhibits nonconforming behavior or shows herself to be unfit to care for and protect her children, she may lose whatever custodial and visitation rights she has. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
How Do I Get Child Support If I Don’t Know Where The Father Lives? Child Support Guidelines Reflect Modern Ideals My Spouse Just Asked For A Divorce, What To Do Now? Fiduciary Duties And Business Judgment In A Business Divorce If My Ex Goes Bankrupt Will I Still Get Alimony? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Are Mothers More Likely To Get Child Custody During Divorce? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/are-mothers-more-likely-to-get-child-custody-during-divorce/ Spousal maintenance can be a hotly contested issue in a divorce. In Utah, either spouse has the right to request that the court grant an order for spousal maintenance, more commonly known as “alimony.” While either spouse has the right to make such a request, there is no guarantee that the court will award alimony. In fact, even when such a request for alimony is granted, the award will commonly be short in duration. This is because alimony is really seen as a mechanism for assisting a lower-earning spouse in adjusting to life after marriage. Alimony can allow this lower-earning spouse to get job training and further education in order to eventually become fully self-supporting. Unfortunately, the issues involved in a divorce can linger for years into the future. While you may have been awarded alimony, you may struggle to get your spouse to make these payments or you may constantly worry about whether your spouse will find a way out of having to make such payments. For instance, if your spouse has recently filed for bankruptcy or has mentioned to you of an intent to file bankruptcy, you may be worried about whether this means your days of receiving alimony are numbered. This, however, is not necessarily true. Will I Still Get Alimony If My Ex Goes Bankrupt?A former spouse filing bankruptcy, in and of itself, does not mean you will stop receiving alimony nor does it mean your ex will be able to get out of paying you any alimony payments he or she may have missed in the past. This is because not all debts are dischargeable in bankruptcy. Among non-dischargeable debts in bankruptcy are “domestic support obligations.” This can include child support and alimony. This means alimony debts will not be dischargeable in Chapter 7 bankruptcy. In Chapter 13 bankruptcy, alimony will be considered to be a priority debt and included in the monthly payment plan. The court ordered alimony payments will continue to be made throughout the bankruptcy proceedings and after the bankruptcy proceedings have ended. While bankruptcy may not mean an end to your former spouse’s obligation to pay you alimony, situations that may lead a person to file bankruptcy may mean that he or she is able to successfully petition for a modification of the alimony support obligation. Your ex may have lost a job which was a contributing factor in filing bankruptcy. While job loss will not automatically result in the termination or reduction of a spousal support award, your former spouse may petition the court for a modification of the spousal maintenance order. In order to be granted a modification of spousal maintenance order, your former spouse must be able to show that his or her circumstances has substantially changed. Job loss could be such a substantial change. It is important to note, however, that modification of a spousal maintenance order is not retroactive. Your former spouse will still be under the obligation to pay any arrearages you might be entitled to. Can I Get Rid of Child Support and Alimony If I File Bankruptcy?Annual child support payments in the United States are supposed to total $33.7 billion, but fewer than one in two custodial parents receive all the child support they’re supposed to receive under either a court order or an informal agreement. What happens to child support that doesn’t get paid? The debt grows just like any other unpaid debt. Those arrearages will add up fast, and the consequences are serious. Depending on where you live, the authorities can charge interest, seize wages, suspend your driver’s license, or even throw you in jail. The amount of child support arrears certified by states and submitted to OCSE reached $117 billion in February 2020 before falling to $113 billion in October 2020. The $4 billion decline is the largest that OCSE has recorded in 20 years.2 You can’t use bankruptcy to eliminate past-due child support or alimony. However, you might be able to use bankruptcy to eliminate certain obligations under a property settlement. It may also help manage your domestic support obligations and keep you out of trouble with the law. Types of Domestic Support Obligations in a Bankruptcy CaseThe bankruptcy code defines a “domestic support obligation” (DSO) as a debt “in the nature of alimony, maintenance, or support” owed under a separation agreement, divorce decree, property settlement agreement, a court order, or other determination made under non-bankruptcy law (usually state law). In Chapter 7 straight bankruptcy cases, many debts can be forgiven or discharged. Most credit card debt, personal loans, and medical bills will be eliminated to allow the debtor (the person who files the bankruptcy case) to get a fresh start.4 While banks and other businesses may be able to absorb the losses from these discharged debts, single parents are not usually so flexible. They could be greatly burdened when the child support check is late or when it only covers a portion of the obligation. Families in this situation could end up on public assistance. Society has a high interest, both moral and practical, in ensuring that noncustodial parents make their child support payments as ordered. Therefore, delinquent parents can’t just eliminate that obligation by filing a bankruptcy case. However, the parent who owes child support can use bankruptcy to manage those past-due child support payments. Alimony and Spousal MaintenanceTo be exempted from discharge, money owed to a spouse has to meet three requirements: In determining the issue of discharge, most litigation concerns the first requirement. If the divorce court and the parties intended the award to serve as maintenance, it will not be discharged. But, if the award is a division of property, it may be treated differently, even if it is labeled “alimony” or “support.” A rule of thumb for determining whether the obligation qualifies as support is whether the money is necessary to help the receiving spouse maintain basic necessities. If the money goes toward basics that means it’s a form of support. Beyond that rule of thumb, courts look at several factors to determine if the debt is “in the nature” of support or maintenance: Property SettlementThese agreements are most often used in a divorce case to divide the assets that the couple owned during the marriage. They are often used to set forth the parties’ agreement concerning who will pay which debts. Most property settlements are not dischargeable in a Chapter 7 case. There are at least two types of property or debt division that can be discharged in a Chapter 13 case: hold harmless agreements and cash in lieu of other assets. Hold HarmlessSome of the debts in a bankruptcy case may have been taken out by one or both spouses for the benefit of the family. Either spouse can take on the responsibility for paying any of the debts. The property settlement agreement is an enforceable contract between the parties. But it is not enforceable against the credit card company. Therefore, as to the credit card company, the person who opened the account is still liable and has the responsibility to see that it’s paid. This is where the “hold harmless” provision comes in. As an example, let’s say “Roger” opened up a credit card account with First National Bank in his name, but he used the card to pay for expenses incurred by the family or for the benefit of the family. “Mila,” his spouse, agrees to take on that debt as a part of their property settlement. If Mila stops making payments, First National will look to Roger to make the payments because the account is in his name. But Mila and Roger’s property settlement agreement includes a “hold harmless” requirement. This hold harmless provision makes Mila responsible for reimbursing Roger if he has to make payments on the account. In this example, because of the hold-harmless provision, Mila owes a debt to Roger. That debt is not dischargeable in a Chapter 7 case, but it can be discharged in a Chapter 13 case. Cash PaymentsSometimes, it may not be practical to split assets 50/50. Let’s say that Roger and Mila have a house, but not much in the way of other assets. The couple has three kids, and Mila will have primary custody. She wants to keep the house for the family. The house has equity of $100,000. Under other circumstances, the parties might sell the house and split the equity. But, because Mila wants to keep the house, she agrees to pay Roger $500 per month until she’s paid $50,000 or until the house is sold and she’s able to pay off that obligation. Mila’s obligation to Roger is not dischargeable in a Chapter 7 case. But, if Mila files a Chapter 13 case, that debt can be discharged. Using Bankruptcy to Manage DSOs and Other Divorce-Related ObligationsEven though support and some other divorce-related debts cannot be discharged in a Chapter 7 case, they can often be managed in a Chapter 13 case. Chapter 13 is a repayment plan under the protection of the bankruptcy court. It is a global management plan in that all of the debtor’s debts are treated in the plan in some way. Priority Debts Under Chapter 13The bankruptcy code prioritizes debts to ensure that some debts are paid before others when there aren’t enough resources to pay 100% of creditors’ claims. For instance, domestic support obligations have a high priority, but most other unsecured debts, like credit cards and medical bills, are assigned a lower priority. This becomes important in a Chapter 13 case when the debtor doesn’t make enough money and cannot make a high enough payment throughout the plan to pay all of their obligations. For a Chapter 13 plan to be approved by the court, it has to pay off certain high priority debts between three and five years. The exact length of the plan depends on the income of the debtor’s family. Those priority debts include non-dischargeable support and property division obligations. Priority debts do not include obligations that arise out of hold harmless agreements or any cash payments in lieu of assets. Those two are treated like credit cards and medical bills. Non-Priority Debts under Chapter 13When the debtor doesn’t have enough disposable income to pay all their obligations, they can still propose a repayment plan that pays at least those priority debts. To the extent they have anything left over, the low priority creditors will share that in proportion to what they’re owed. Let’s go back to Mila and Roger for an example. Mila pays child support to Roger, but when she lost her job, she couldn’t pay and the child support debt is now $15,000. When she gets a new job, she decides to file a Chapter 13 case. She will pay off that $15,000 over a five-year plan. She also has $20,000 in credit card debt and the $50,000 she owes Roger for his portion of the home equity. After paying all her reasonable and necessary expenses each month, she only has $400 left to devote to her Chapter 13 plan. Approximately $250 of the $400 payment will have to go to Roger to pay off the $15,000 by the end of the five-year plan. The Chapter 13 trustee will keep $15 as their fee for administering the case. That leaves $135 a month for all other creditors, or $8,100 total over the five years of Mila’s Chapter 13 plan. At the end of Mila’s 60-month Chapter 13 plan, Roger will be paid in full on his support claim, but the other creditors will have received just a fraction of their claims. It makes no difference because, under the bankruptcy code, Mila has put forth her best effort and prioritized child support payments. The rest of her debt will be discharged. The other creditors have to be satisfied with what they’ve gotten. Those “other creditors” include Roger’s property settlement, since that’s a non-priority debt that can be discharged. Roger will get the full child support payments, but his property settlement will be treated like the other unsecured creditors, and he will only receive a portion of the $50,000 he was owed. What if I’m the One Receiving Alimony?Let’s stick with our example from above. If Nora files Chapter 7, she must report her alimony payments from Joe on both Schedule I and any 122A means test forms she files. If you’re receiving alimony payments than you must report the amount of alimony you receive each month. If your payments vary from month to month, the best practice is to take the last six months of receipts and use the average monthly figure. The alimony payments you receive may impact how the means test is calculated. The Long Term Effect of Bankruptcy on Alimony. Bankruptcy does not discharge alimony obligations. However, the automatic stay may influence a person’s obligation to pay alimony during a pending bankruptcy. Filing for bankruptcy may also influence any modifications to alimony obligations. In any case, there are certain exceptions to the application of the automatic stay. Legal actions involving alimony payments are one of those exceptions. So long as the legal proceeding does not involve the non-filing spouse seeking to distribute property that is considered to be part of the bankruptcy estate, the automatic stay will not prohibit the commencement or continuation of such a case in civil or domestic relations court. If a debtor’s income is being withheld for family support obligations as the result of an administrative or judicial order, the withholding will continue even after a bankruptcy is filed. The automatic stay will not be applied to stop wage garnishments for the purpose of family support obligations. If you receive alimony, you must list the amount on Schedule I and on Form 122A of your petition. If you pay alimony, you must list it on your Schedule J. The automatic stay may affect your obligation to pay alimony during a pending bankruptcy, but not necessarily so. Any wage garnishments for the purpose of alimony will continue even after a bankruptcy case is filed. Legal proceedings involving alimony obligation matters, in most cases, are an exception to the automatic stay. Free Initial ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
How Do I Divorce My Military Spouse That Is Stationed Overseas? What Is A Fraudulent Transfer In Bankruptcy? How Do I Get Child Support If I Don’t Know Where The Father Lives? Psychological Evaluations In Utah Divorce And Custody Cases My Spouse Just Asked For A Divorce, What To Do Now? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post If My Ex Goes Bankrupt Will I Still Get Alimony? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/if-my-ex-goes-bankrupt-will-i-still-get-alimony/ Whether it seems out of the blue or you had sensed it coming, it can be scary to hear your spouse say, “I want a divorce.” You may be prepared to do anything to save the marriage, including therapy. But your spouse may be saying, “I’m done.” If you truly want to avoid divorce, you must demonstrate that you are capable of real change. Think deeply about what has gotten you both to this place. What behaviors are you willing to change to make your marriage work? Think about what your spouse has probably been complaining about for a very long time. What have you been remiss in hearing? It may seem unfair that you have to do all the changing. But when your spouse has hit their limit and you’re the one who wants to make it work, you will need to make the first moves toward real change. But remember, it’s not over ’til it’s over. Even spouses who say they want to divorce may be somewhat ambivalent about that decision. That means there may be hope. Research has shown it takes the average person more than two years to go from thinking about divorce to actually telling their spouse they want one. Meaning this was probably not a snap decision or something your husband took lightly. So unless your spouse is willing to go to marriage counseling or discernment counseling, or engage in marital mediation to try and repair your relationship, there’s not much you can do to stop a divorce process from happening. Because when your spouse tells you he/she wants a divorce, it means you’ll both be getting a divorce. He/she is well within his/her rights to get a lawyer, go to court and file for divorce. Starting the whole ugly litigated attorney-driven divorce process. You’ll then have no choice but to go out and get your own lawyer, and off to battle you’ll go. Putting your kids squarely in the cross hairs of what will most certainly be a disastrous situation. But as a parent, is that really the best move for you and your kids? What to Do When your Spouse Wants a DivorceTry these proactive steps to repair your rift and encourage your partner to change their mind about divorce. Ultimately, the goal is not only to avoid divorce but to improve the health of your relationship. • Act as though you will move forward with confidence. Commit to doing this regardless of whether or not your spouse stays with you. • Allow your spouse to come to you with questions or concerns. Sincerely let your partner know that you want to save the marriage, and then be patient about any discussions on the topic. During any discussions, be an active and engaged listener. • Be your best self. This is not the time to fall apart, go into a rage, or get vengeful. Muster up the best attitude you can. • Behave respectfully toward your spouse. Have self-respect as well. • Don’t engage in arguments. Don’t take the bait if your spouse tries to get you to argue. You may even have to walk away. (If your spouse claims that you “always walk away,” state that you would be happy to stay and have a civil conversation. Then do it.) • Get help. Read self-help or self-improvement books or see a marriage counselor. • Give your spouse some space. Don’t question them about their whereabouts or schedule. • Keep busy. Continue your day-to-day activities, and maybe even add some new ones: Go out with friends, family, and your children. Visit a place of worship, try a new hobby, and get some exercise. Continue living, despite what happens with your marriage. You may invite your spouse to join you, but don’t react negatively if they decline. Don’t change your intended plans. • Keep up with your appearance. You may feel very down and bad about yourself, but ignoring basic hygiene can further impact your mental health. • Let your spouse see you as content. Your mood will be fluctuating, but find an outlet for difficult feelings that isn’t your spouse. Often, a therapist or counselor can provide a safe space to process your feelings. How to Handle Next StepsYou might be wondering the best way to proceed. There are a few immediate steps you could consider if you and your spouse have discussed getting a divorce. Try relationship/couples therapy: See if your spouse might be open to going to couples counseling with you to identify and work on the issues in your relationship. Therapy, both as a couple and as individuals, could help you understand if there’s a way to move forward together and reconcile what’s causing a rift. Consult a lawyer: Even if you hope to reconcile, it may still be a good idea to speak to a lawyer to see what implications of a divorce could mean for you from a legal perspective. Making positive changes, regardless of whether your marriage ultimately works out or not, is always a good idea. Chances are there are some behaviors or traits you have that would be problematic in most relationships. Working through them will help improve your ability to connect and communicate with a romantic partner (whether it be your current spouse or someone new). What to do When Husband Wants Divorce: For stay at home momsIf you’re a stay at home mom and your husband wants a divorce, the choices you make before you start the process are critical. But you can only make smart choices if you take the time to get ready for divorce by getting educated and preparing for divorce first. Do Not ClingNearly everyone tries it, but hardly anyone succeeds. Trying to keep the person you love from leaving you by pleading, begging, arguing, demanding, apologizing, or manipulating typically fails terribly. Some throw thousands of words at the other in person, by text, email, and sometimes through other people. They tell the other that they are sorry, that they forgive, that they will change, that no one could ever love them as they do, that they are destroying their children, or any other thing that they think will stop the other from leaving. Others cry, not only in pain but also because they hope to evoke compassion. One woman said, “I followed him to his car and banged my head on our concrete driveway until blood flowed like a river. And he STILL left!” Some get sick or “accidentally” hurt themselves, hoping that will trigger a rekindling of the love lost deep within the departing spouse. Rather than drawing the departing person back, clinging behaviors usually propel them away faster. There are several reasons that it does. One is that no one who clings, begs, or whines is attractive in any sense of the word. Another is that clinging behavior implies that you will take the other back no matter what they do, thus removing any reason for them to stop their abandonment. Do Not CollapseRather than clinging – or, more often, after finally giving up on clinging – some people provide the departing spouse permission to do whatever they wish. Some ignore or tolerate inappropriate behaviors. Others agree to separation or terminating joint accounts. Typically, they yield because they think that if they do not, the departing spouse will become angry and things will become worse. In actuality, they very likely are easing the departing mate’s transition into divorce. Often departing spouses demonstrate anger and frustration if their mates do anything that deters their departure. They use their anger to manipulate with threats such as, “If you don’t go along with me, I’ll make things very hard on you…I’ll fight to take the children…my lawyer will take you to the cleaners…I’ll tell people you care about that…” In response to threats, tantrums, and manipulations, often a person gives in. They rationalize that it will make things better. The truth is just the opposite. Giving in typically leads to the same results as giving up. Do Not ControlIf you try to keep your marriage together by demanding, dominating, or dictating, you will fail. If a major reason your spouse wants out of your marriage is that you have exhibited controlling behaviors, this is your wakeup call. Stop now and demonstrate that you will treat her with utmost respect and equality. Quit forcing your opinions. Quit the habit of haranguing until your mate yields to your point of view. Never again, tell your spouse what he/she feels…or should feel. Allow your partner to be, think, and feel even when you do not like it. If you think (or know) that your mate is unfaithful, tracking or following will backfire when you are caught. Clinging causes the other person to pull away, collapsing helps them leave faster, and controlling disgusts them with you. None of these helps your cause if you wish to save your marriage. Do Be PatientPatience buys time. No matter how difficult, take life one day at a time. Make decisions one by one. Overcome obstacles separately. Start with matters you can do something about. Patiently work out how to deal with situations or problems that seem overwhelming. Take time to seek wise counsel. If your spouse seems in a hurry to move toward dissolving your marriage, do not join the race. Time is on your side. If your mate is involved with someone else, enough time will begin to erode the intensity of the emotions in that illicit relationship. If your spouse is dissatisfied with the way life has been with you, enough time provides you the opportunity to demonstrate changes you are willing to make. When you feel you may do something rash through anger, pain, or frustration, ask yourself, “If I do this, how will I feel about it in ten days? Ten months? Ten years?” Do not sacrifice your long-term future for a short-term emotion. For every action you make, your spouse will have a reaction. Positive actions instigate positive reactions. Positive actions provide a possible future for your marriage. Ask a Trusted Third PartyDo you know someone that your departing spouse holds in high esteem? If so, ask that person to intervene in your marriage. It may be a pastor, a friend, her parent, or even one or more of your children (if mature). Ask the person(s) to spend time with your mate, to listen to her, and to do everything possible to influence her to agree to marriage counseling or our intensive marriage weekend workshop. Our experience is that often a spouse who absolutely refuses counseling or a workshop when asked by a spouse will agree, if reluctantly, when urged by a third party that they deeply care for. Provide a PerkIf you want to try marriage counseling or attend a marriage intensive workshop, you may be able to convince your reluctant spouse to attend by offering something if she does. Many times for example, people have said that the only reason they came was that their spouse offered some concession in their pending divorce in return for their coming. Almost universally, it is heard from a person who during a workshop concluded that he wanted to stay in his marriage. “I didn’t want to be here. She said if I came, she’d agree to BLANK when we divorced. I’m glad I came. I see how we can work this out.” Do Prove You Have ChangedRather than focusing only on the faults of your spouse, admit your own weaknesses. When you begin working on improving yourself in those areas, you benefit yourself. You also make strides toward salvaging your marriage. Whether your spouse notices and affirms the changes, ignores them, or scorns your efforts, keep on growing in those areas. Even if your marriage ends, you become a better person. However, those changes in your behaviors may well influence your spouse in very positive ways though at first they may appear to have the opposite effect. Keep on, no matter how she reacts. PersevereIt takes strength to work at saving a marriage when your spouse wants to leave. Stay strong. Find a support system of people who will encourage you and who will be optimistic about the possibility of reconciliation. Focus on taking care of yourself. Exercise. Eat as you should. Start a new hobby to keep your mind from obsessing on your troubles. Get involved in your church. Get individual counseling. Whether your marriage makes it or not, you need to provide for yourself spiritually, emotionally, mentally, and physically. Actually, as you do, you also do the things that have the strongest likelihood of causing your spouse to realize what he will lose if the marriage ends. While no one can make another’s decisions, my experience with thousands of couples leads me to believe that if you follow these suggestions, you have a greater chance of salvaging your marriage. Of course, each situation is unique. Therefore, feel free to contact us to ask questions about your circumstances, if you wish. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
How Are Disputes About The Custody Of Cats Or Dogs Decided In Divorce Court What Documents Do I Need To Bring When I First Meet With My Bankruptcy Attorney? Making Divorce More Affordable Through Mediation How Do I Divorce My Military Spouse That Is Stationed Overseas? Can The Bank Take My Home In Bankruptcy How Do I Get Child Support If I Don’t Know Where The Father Lives? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post My Spouse Just Asked For A Divorce What To Do Now? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/my-spouse-just-asked-for-a-divorce-what-to-do-now/ If you need to get child support set up and you don’t know where the other parent lives, call us and we can help you get started. While Utah recognizes the need for both parents to provide support to their children, other countries may not honor the child support orders that originate from Utah. Having a spouse who lives outside the country can make it more difficult to collect child support, there may be options available to the custodial parent. Foreign Reciprocating CountriesThe United States has pre-existing agreements with 26 foreign countries and provinces regarding the payment and receipt of child support when one parent lives in the United States and the other lives in another country. Being a reciprocating country usually requires that the country has established independent procedures for child support and following certain other requirements. An international child support case in which a foreign reciprocating country is involved usually begins when a claim for child support is filed with the local child support office. A designated agency in the foreign reciprocating country where the noncustodial parent is located is usually responsible for enforcing child support by following the independent procedures established by that country. TreatiesThe international Hague treaty for child support also requires countries that ratified the treaty to follow its mandate. Additional treaties may require additional duties on the part of ratifying countries. State AgreementsIn addition to the federal agreements noted above, individual states may have agreements with individual countries in relation to foreign child support. Typically, a person who wants to collect child support from a parent in a foreign country will talk to his or her local child support office or independent attorney. By providing information about the noncustodial parent’s location and address, the support agency can better determine the options available. State EmployersOne option may be to pursue a wage garnishment if the noncustodial parent’s employer is an American company or has offices in the United States. Armed ForcesFrequently soldiers are deployed overseas when they are part of the armed forces. If the noncustodial parent is military personnel, the case is handled in a manner similar to how it is handled when the parent lives in another state, rather than another country. No AgreementNoncustodial the establishment of a reciprocating agreement or other characteristics described above, a custodial parent may try other enforcement options. He or she may attempt to obtain a child support order from that parent in the country where the other parent is located. A custodial parent may attempt to learn more about the laws in the jurisdiction where the noncustodial parent lives or to hire an attorney in that jurisdiction who is more familiar with these laws. The local tribunal will likely be the only one that has proper jurisdiction – the right to hear the case. Passport DenialIn an attempt to prevent parents from skipping out on their child support obligations that have accumulated in the United States, a noncustodial parent’s passport application may be denied and any passports that have already been approved may be revoked if the parent owes $4,000 or more in child support. UIFSAParents who need to collect interstate child support are protected under the UIFSA. Adopted by all 50 U.S. states, the law was established to help families resolve interstate child support issues fairly. Often, this requires the courts to merge multiple support orders into one, enforceable order. Terms You Need to KnowFirst, it’s important to understanding the terminology that applies to your case, including: • Originating state: Generally, the state that originally issued the child support order will remain the state with “continuing jurisdiction” as long as both parents to continue to reside there or agree to transfer the child support order to another state. • Current residency: If a child support obligor (the parent who owes child support) moves or transfers the child support case, UIFSA gives the “originating state” the power to send a withholding notice, directly to that new state. The withholding order will specify the duration of child support along with the amount and the frequency, as well as any amount to be paid in arrears, health insurance provisions, or other payment specifications. In other words, the state that issued the original order retains the legal right to uphold that order even if the parent paying child support moves out of state. Modification of a Child Support OrderOnly the state with “continuing jurisdiction” has the power to modify a child support order. However, there is one exception: if both parents move to a new jurisdiction, then the new state has the power to modify the child support order. If the parents move to two different states, the party seeking a modification should file for a modification in the new state. Eligibility for Child Support ModificationPaternity & Interstate Child Support. Paternity must be established prior to the enforcement of a new child support order.3 If paternity has yet to be established, the parent should order a paternity test to determine whether or not child support is required. Generally speaking, courts will not hold someone responsible for child support unless he or she is biologically related to the child. (The only exception here is a rare situation known as “the presumption of paternity,” where a man can be held financially responsible for a child conceived while he was married to the mother, whether that child is biologically his or not.) It can be more difficult to prove paternity after either parent relocates to another state, but it is not impossible. If you wish to file for child support, you should do so in the state where you and your child currently reside. Officials in your state will work with the child support agency in the state where your ex resides to perform paternity testing and establish an enforceable child support order. Custody Issues When One Parent Is Not a CitizenEvery effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and how they may affect a case. Can you avoid child support by moving to another country?In some situations, a parent may move to another country to intentionally avoid his or her obligation to pay child support. However, the embassy may be able to refer the parent to a local investigator who may be able to locate the other parent. Can a man avoid child support?One way in which child support can be legally avoided is if both parents reach a settlement agreement were child support is refused. There may be many reasons why child support would be avoided in a divorce agreement. Most of the time, it’s because a noncustodial person has a smaller salary than the custodial parent. How do I file for child support if the father lives in another country?Typically, a person who wants to collect child support from a parent in a foreign country will talk to his or her local child support office or independent attorney. By providing information about the noncustodial parent’s location and address, the support agency can better determine the options available. Will child support affect my immigration case?An order for child support generally will not affect permanent residence. However, non-payment of such will affect both his permanent residence and any subsequent application for naturalization. Can I go on a cruise if I owe child support?By law, American citizens cannot obtain a passport if they owe $2500 or more in back child support. Please be aware that a passport is not required for closed-loop cruises. A closed-loop cruise is one that begins and ends in the same U.S. port city. Will I get a stimulus check if I owe child support?Even if you owed back taxes or some other type of government debt, you were still due stimulus money. When Congress wrote the second bill, it even specified that those owing money to a debt collector or in back child support were still eligible for a stimulus payment. Why can’t you get a passport if you owe child support?A program known as Passport Denial prevents someone who is otherwise eligible for a U.S. passport from getting a passport if they owe more than $2,500 in child support. Thus, even if you have become a U.S. citizen, you will not be able to get a passport if you have child support arrears beyond the threshold amount. Can back child support stop you from getting passport?However, if you owe back child support, you may not be able to obtain a U.S. passport until you pay off your child support arrears. According to the U.S. Department of State, “If you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport.” Can child support debt be forgiven?Child support back pay cannot be totally forgiven or waived, but there are a few situations that can help you handle it. Double-check the amount the court states you are in arrears. If your child lived with you for a period that the back pay is referencing, the judge may lessen the child support amount. How Do I Find a Parent For Child Support?If you’re a single parent with full custody of your children, then you’re likely entitled to child support payments from the noncustodial parent. These payments, which are usually made on a monthly basis, are based on the child’s needs and the parent’s income. But you may have to locate a parent first in order to enforce a child support order, especially if they’ve attempted to avoid the financial responsibility of raising children (often referred to as a “deadbeat parent”). Regardless of your state’s laws, the best way to find an elusive noncustodial parent is to gather as much personally identifying information as possible. If the parent is a former spouse, some of this information may be easier to find. The following types of information may help state authorities or caseworkers find an otherwise unresponsive parent: • Social Security Number Additionally, the Federal Parent Locator Service (FPLS) maintained by the Office of Child Support Enforcement (a division of the U.S. Department of Health & Human Services) assists state child support programs by collecting data from various sources. State agencies use data compiled through the FPLS to establish paternity and find deadbeat parents. Finding a Deadbeat ParentChild support enforcement is handled at the state level, and often uses tools such as wage garnishments and the withholding of state benefits to enforce orders. But different states have different ways to help custodial parents find noncustodial parents who are evading payment. How to Find a Parent for Child Support in another State?States have jurisdiction and the resources to track down deadbeat parents who live in the same state as the custodial parents. However, it’s much more difficult to enforce a child support order when the noncustodial parent crosses state lines, even if court orders are issued. While the federal Full Faith and Credit for Child Support Orders Act requires states to enforce valid child support orders from other states, actual enforcement is another matter. Often, the deadbeat parent is able to elude authorities until they’re stopped by police (a routine traffic stop, for instance) and checked for outstanding warrants. Some delinquent noncustodial parents work for cash in order to avoid wage garnishment, regardless of which state they are in. In practice, custodial parents who are unable to find an out-of-state deadbeat parent usually must either do the investigative work themselves or hire a private investigator (PI). Some PIs are licensed to operate in more than one state. Also, you may be able to recover the cost of hiring a PI from the noncustodial parent. Free Initial ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Do Divorced Parents Enjoy Getting A Break From Children? How Are Disputes About The Custody Of Cats Or Dogs Decided In Divorce Court? How To Get Custody Of Your Child In Utah? Legal Representation Is Important To Winning Child Custody How Do I Divorce My Military Spouse That Is Stationed Overseas? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Do I Get Child Support If I Don’t Know Where The Father Lives? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-do-i-get-child-support-if-i-dont-know-where-the-father-lives/ Things weren’t great when your service member deployed. As the months went by, he or she became more distant, more businesslike, more disinterested. Then your service member announced that the marriage is over and that you should consider yourself “left.” There are months left to this deployment: What do you do now? There are many things the spouse can do to prepare for a divorce. This time apart from the service member can be very valuable — both from a legal perspective and from an emotional perspective. These six steps can be taken before the service member returns and will help whether you divorce or eventually reconcile: Consult an attorney.Many folks are apprehensive about consulting with an attorney, but they shouldn’t be. Think of a consultation like a job interview — for the attorney! Just because you have a consultation with an attorney, does not mean that you need to hire that particular attorney or file any court documents. Find a counselor.As an active-duty military spouse, there is free counseling available to you. There are often programs and counselors at your local post or base but only before you divorce. The emotional issues you will deal with after learning that your spouse is leaving particularly if infidelity is involved — can be overwhelming. On top of that, there are often children who still need to be cared for and confusing feelings of stress, anger or worry about the service member who remains in harm’s way. Gather Documents.A good general rule is that you can never have too much information or be too educated in readying yourself for a divorce. A service member who deploys normally doesn’t take with him many of the important documents in the home dealing with finances, insurance, and other legal documents with regard to the house, cars and investments. Similarly, mail continues to be delivered and there are monthly statements that further explain the financial situation of the household. After speaking with an attorney and learning about what documents are important in your case, you can, in a relaxed and uninhibited manner, begin searching for, researching and collecting these important legal and financial documents. You can make copies of everything and give the copies to an attorney or even a trusted friend and these documents will come in handy during the discovery process or much later and if necessary, at trial. Follow the Money.As you gather the important documents such as mortgage statements, deeds and titles to homes, titles to cars, monthly bills and financial statements, among many other items, it is a good idea to figure out exactly how much money is necessary each month to keep the household running. One of the hardest parts of any divorce case is realizing that the income or incomes that provided for one household will soon be paying for two. Sitting down and creating a budget can be extremely beneficial and is something you can also bring to your attorney’s attention so that he or she can help set realistic goals and strategies for your case. In addition to getting a handle on the finances and budgets, saving money during this time can be especially prudent. You will want to speak with an attorney about this, but if you can put aside money for yourself and your case, this can be very helpful, particularly if your spouse tries to do something wicked or nefarious. It is important to note that this can be a particularly thorny legal issue and you do not want to be accused of stealing or hiding money during your case. Speaking with an attorney about this issue beforehand is very helpful to stay within the parameters of your state’s laws. Begin the Separation.Many states require a divorcing couple to be “separated” for a specific period of time before the final divorce is granted by the court. For example, if there are minor children, a couple must be separated for 12 months before a court will grant the divorce. By consulting an attorney, a spouse in this situation can properly begin the separation period and actually use this time apart to count toward the “separation period.” If done correctly, the spouse does not have to wait until the service member returns to start the clock. The Rest Of Your Life.One of the benefits to living several thousand miles apart from your spouse while going through this process is that you can create pockets of time to begin contemplating where you want to be 10 years from now. As hard as it may be to think about moving on, particularly in the early stages of learning your spouse wants a divorce, it can be extremely valuable to think about your life and your children’s lives. What do you want to create for them several years down the road?This doesn’t just mean “geographic,” as in, where do you physically want to live. This includes many wonderful benefits afforded to service members such as: Post 9/11 GI Bill, service members’ Group Life Insurance, Thrift Savings Plan, military pensions and the Survivor Benefit Plan, to name a few. Even though being “left” by your service member during a deployment is emotionally devastating, you do not have to sit idly by and feel like the victim. By following these steps, you can take action and set your case up for success by using the time to take control of the situation and to seek constructive support — thereby benefiting your legal case and your mental health. Legally, military personnel who are getting divorced are no different than anyone else, so the procedural process is the same. If you are in the military or are a military spouse, there are some additional factors that can affect your divorce. Besides understanding the basic divorce process, military couples should be knowledgeable about the role of the Uniformed Services Former Spouses’ Protection Act. The USFSPA provides a federal statute for the military, guiding them to accept state statutes on addressing issues, such as child support, spousal support and military retirement pay/pension. While states have always had the authority to treat retirement and pension plans just like any other marital asset, the USFSPA permits the states to classify military retired pay as property, as opposed to income. Military Retirement Pay and DivorceDirect retirement payments are made through the Defense Finance and Accounting Service (DFAS). In order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service. For example, if you were married for 12 years, and one spouse was in the military for seven of those 12 years of marriage, the other spouse would not be entitled to a direct payment from DFAS. If you were married for 12 years, and one spouse was in the military for 10 of those 12 years, the other spouse would be entitled to a direct payment from DFAS. Depending upon the state’s date of division, the amount of time you have been married may be judged by different criteria. This means that Utah may view you as being married nine years, while California considers you having been married 10 years. Not qualifying for the DFAS direct pay does not mean you are ineligible for a portion of the payment. To receive your portion, the criteria would need to be included as part of the divorce settlement agreement. Keep in mind that the award of military retired pay may be in addition to child support, and alimony, or maintenance. The maximum amount of pension income an ex-spouse can receive is 50% of the military retirement pay. Once the order is filed with DFAS, it will take three months (90 days) for the direct payments to begin if the ex-spouse is already receiving their pension. In the situation of active military members, the payments will begin 90 days after the newly retired member becomes entitled to receive their first payment. If child support is being taken from the pension, the maximum combined amount that can be deducted is 65% of the disposable retirement pay. Calculating Marital Share for Active MilitaryThere are different methods of calculating what percentage of the pension to which ex-spouses are entitled. The document filed with the court will need to clearly state the formula used to derive the amount of payment. Again, the length of the marriage will come into play. One of the more common trends is to count the number of points accumulated in the marriage rather than months. This is especially true for spouses serving in the Reserves. The three methods used to determine the amount of payment are: Reserve Jurisdiction – This is the most common method. The share the ex-spouse receives is calculated at retirement. Thrift Savings PlanThe thrift savings plan (TSP) is treated the same as a 401(k). There are specific requirements that must be met by the court order that differ from a civilian retirement plan division order. For a complete brochure on information on divorce orders and your TSP, refer to the TSP website. How does military divorce while overseas work?There are a few common questions that people have about overseas military divorces. First and foremost, they ask if the local laws apply. You might worry about needing to adhere to local divorce laws. In some countries, this could be a major disadvantage for you or your partner. Fortunately, a military divorce while overseas ignores the local divorce laws. Instead, it relies on Utah divorce laws. While you might be living in a foreign country, you still follow Utah divorce law. If you want a valid divorce, you need one that your home state recognizes. If you get a divorce that adheres to local standards, it won’t apply back in the Utah. You could have a divorce in one country and a legal marriage in the Utah. However, your legal home could be in a foreign country. In this rare case, you would need to adhere to the local divorce laws. These laws vary from country to country. In some situations, you may have several legal homes. If you do, then you can choose where you file for a divorce. How can you get a divorce?Another common question relates to the process of getting a military divorce overseas. It is not enough to go to the legal assistance office for a divorce. Instead, you need to go to court. In most situations, you need a private attorney. The only exception is during uncontested divorces. If you and your partner can agree on everything, then you might not need a private attorney. It’s worth noting that the legal assistance office can still help you. If you go to them, then they may be able to advise you on the divorce procedures. Additionally, they may be able to prepare and witness the signing of a separation agreement. If you want an uncontested divorce, the office can explain the process for that. For a contested divorce, you need the help of an attorney. He can help you through the filing process. In some situations, you may need to hire an attorney from your home state. If you have several “homes,” you need to choose one from the place where your legal home resides. You need to be able to qualify for in-state college tuition at the residence. While you may consider your military home your home, you need to make sure it meets the legal definition of your legal home. Can you get a cheap or quick divorce?Some overseas couples decide that it might be easier to get a divorce in a place like Mexico or the Dominican Republic. Although divorce in these places is cheaper than the Utah alternative, it doesn’t mean anything. It’s likely that your home state will not recognize the divorce. Making the DecisionUnlike civilians, military personnel often have the flexibility to choose where they file for divorce. If you have multiple homes that qualify as your legal home, then you have the luxury of choosing. Every state in the US has different divorce laws. Likewise, every country has unique laws. Before you file, you need to decide which the best option for filing is. And you need to be certain that you file in the state or country that applies to your marriage. If you have a hard time finding out where your legal home or homes may be, there are a few tricks. First, look at where you are registered to vote. Then, you should consider where you pay your state taxes. Make a list of the states in which you have banking accounts, drivers’ licenses, and car titles. If you pay real estate taxes on property in certain states, that can also count towards your legal home. Once you know where you can file for divorce, you need to consider the perks of each state. In some states, there are no-fault divorces. When you file for your divorce, you don’t need to prove that the other party was at fault in any way. Depending on the circumstances of your divorce, this could be a good thing. Getting the Help You NeedFiling for military divorce while overseas is complicated. If you make one wrong move, you could get a divorce statement that means nothing. It’s important that you get your divorce right the first time. Additionally, it’s important that you complete the process in the easiest possible way. If you’re a service member, the legal aid office can be very useful. They can advise you on the procedure. However, you may need more extensive help. If you have concerns about your divorce, you should contact a Divorce lawyer. With his help, you may be able to get the ideal outcome from your divorce. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Who Gets Custody Of Child In Divorce Ogden Utah How Far Back Can Child Support Go? Do Divorced Parents Enjoy Getting A Break From Children? What Is The Fastest Way To Get Out Of Debt? How Are Disputes About The Custody Of Cats Or Dogs Decided In Divorce Court? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Do I Divorce My Military Spouse That Is Stationed Overseas? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-do-i-divorce-my-military-spouse-that-is-stationed-overseas/ Custody disputes about cats and dogs are not decided like child custody cases. The court will not decide which animal is cuter; it will not decide which of the two owners has taken better care of the animals. Instead it will look at factors such as which owner would give the pet a better home, who would spend more time with it, where the animal was purchased, and so on. So the key question in any divorce-related dispute over pets is probably what kind of pet you have. “If they had to decide custody of a horse,” one lawyer told me, “it would be based on a series of factors that include who bought it and how much money they have to take care of it.” I didn’t ask him which spouse would win that case. No one knows how many pets have been involved in divorce proceedings. Pet custody cases are not always included in surveys of divorce-related cases, because the category “pet” is not the same as “child.” Also, some people might be embarrassed to admit getting a divorce just because they can’t agree on who gets custody of the iguana. Cats and dogs are property, and are treated as such in divorce court. That’s what the judge will think about when making a custody decision. If the dog is a purebred worth $2000, the judge may ask whether you have the right kind of insurance to cover the replacement cost. (The answer is usually no.) If you have a cat that’s worth $5000, you’re out of luck: they don’t make bonds for cats in divorce court. There are probably not many divorces over custody of large dogs; we don’t really know what to do with them, but we’re pretty sure it’s not by locking them in a cage and trying to determine which one of two people should get to feed it. You should know that it’s not about who brushes it more or spends more time with it. Cats and dogs are just property, like tables and chairs, so how do you decide who gets custody of them in divorce court?The problem is that unlike tables and chairs, cats and dogs cannot be assigned monetary value. They have no price, which is why they’re property to begin with. The law requires a price to be set, but there is none. We have all seen movies in which dogs are the center of attention, but in real life, cats have the upper paw. This is because the custody of cats and dogs is decided not by their intelligence or personality but by whether they are legally property. In a divorce proceeding, judges decide who gets what property. But this is not as simple as it sounds. If someone owns a Picasso, for example, you can’t just give it to someone else; that violates the owner’s right of ownership. So instead, you must pay him for his Picasso in money. But what do you do if there is no money? Say an estranged couple owns a house together: how do they divide it? The answer depends on where they live. In some states, courts simply give each spouse half the value of the house; other states say that if there are minor children involved, then one spouse will get the house and the other will get the cash equivalent. If they own a dog or a cat, there is no clear way to divide it, since these animals have no market value. Some states’ courts will try to split custody 50-50; others divide them based on who had custody when the divorce was filed; others award custody according to who has taken In most states, the judges have to decide based on which parent is more likely to provide for the cat or dog’s welfare.* The theory is that neither party will have a financial incentive to mistreat the animal, because it would diminish their chances in future custody battles. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
What Are The Custody Options After A Divorce? Things Your Need To Know About Prenups Who Gets Custody Of Child In Divorce Ogden Utah The Attorneys Role In Commercial Transactions State Of Utah Grandparents Rights Do Divorced Parents Enjoy Getting A Break From Children? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Are Disputes About The Custody Of Cats Or Dogs Decided In Divorce Court? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-are-disputes-about-the-custody-of-cats-or-dogs-decided-in-divorce-court/ This has to do with the way children are raised, how parents treat their children, and the importance of the family unit. The evidence is clear: children who live with their divorced parents enjoy getting a break from them. The parent child relationship is as important as it was before divorce, but this time it is more important that the kids like their parents and want to spend time with them. There are two arguments for this. One is that kids who live with one parent 50% of the time and another 25% of the time feel like they don’t have a permanent home. This can cause emotional stress and mental illness. The other argument is that if the parents take turns switching off days or weeks then each parent has to be on top of things so they do not get stuck with taking care of the children all week. If they do then they will have to hire a babysitter or family member to watch the kids while they work. Having to work all week or having to worry about taking care of your own kids all week when you are supposed to be working can cause stress, which is bad for your health and well being. Here are some interesting quotes from the news of the Journal of Family Relations who did a sutdy of 632 divorees from Ohio State University: “The most surprising finding is that the vast majority of parents in both types of custody arrangements reported that they enjoyed spending time away from their children,” said Sarah Hanson, co-author and associate professor of family life at OSU. “This fact challenges existing beliefs about how parents feel about joint physical custody.” The news release also says: “In general, parents reported feeling closer to their children after a time away from them,” said Hanson. “And many felt that spending time away from their children was good for the children.” In addition, here is some information about the study from an OSU press release about it: “”Our results show that joint physical custody is associated with a parent-child relationship quality equivalent I am a divorced parent with joint custody. I take my kids every other weekend, and sometimes during the week. My ex-wife also has a new partner, which means that we’re both getting a break from our children. Our arrangement was made easier by the divorce and family court system. It is possible, though not easy, for parents to get the same amount of time with their children as they had before divorce—at least if the child in question is older than six or so. But it’s not just judges who think it’s good for kids to have time with both parents; social science suggests it as well. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Contempt Of Court In Utah Custody Parenting And Visitation Cases What Does Joint Custody Mean In A Divorce? Call A West Jordan Car Accident Lawyer What Are The Custody Options After A Divorce? Utah Divorce Lawyer On Divorce In Utah Who Gets Custody Of Child In Divorce Ogden Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Do Divorced Parents Enjoy Getting a Break From Children? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/do-divorced-parents-enjoy-getting-a-break-from-children/ In this article I will try to answer the question of who gets custody of children in divorce cases. It can be hard when you are going through a divorce to think about anything other than your relationship with your spouse and your own emotions. But you have to remember that there is another person involved in the whole process. That person is your child. Just like any couple, it is important for both parents to have time with their children. There are many factors that go into deciding who gets custody of the children during a divorce case. Custody decisions can be made for several reasons, such as: The parent with whom the child primarily lives is moving out of state The parent with whom the child primarily lives has a substance abuse problem The parent with whom the child primarily lives has been accused of or convicted of domestic violence One of the parents has a history of drug or alcohol abuse and either has not completed treatment or refuses to do so One parent has a mental illness that makes him or her unable to care for the children by themselves, such as severe depression or schizophrenia One parent is abusive toward the other parent and/or toward the children If one parent does not want anything to do with the other parent’s religion, he or she must agree to not The first thing to know about divorce is that it happens all the time. In Utah, more than half of marriages end in divorce. The second thing to know is that the law doesn’t really care about whether you get along with your spouse. The third thing to know is that the law does care about the best interests of your child. If you want to find out how custody works, the best thing to do is talk to someone who has been through it. There are two main factors and they both have to be considered. The first one is the best interest of the children. The second one is what state you live in. Here are some basic facts about custody in divorce Ogden Utah: The court will make a determination based on what it feels is in the best interest of your child/ren as well as your ability to provide for them. This means that if you have a history of substance abuse issues or mental health issues, then this will be taken into consideration by a judge when making his decision. In most divorce cases, the custody of children will be awarded to one parent or the other. The process is different depending on the type of divorce that is filed. If you have questions about child custody and divorce in Ogden, contact a lawyer who specializes in family law to represent your best interests in court. Mike Anderson is a well-known leading divorce lawyer in Utah, who has successfully represented clients in all aspects of divorce and family law His firm includes two other Ogden divorce lawyers, with extensive experience in all aspects of divorce, including alimony, parenting time and child custody. Some couples are able to work out an agreement that is acceptable to both of them. But if this is not possible, the court will have to make an order about child custody, child support and spousal maintenance. The judge will consider the best interests of the child or children when making this order. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Can I File For Child Custody Without A Divorce? Divorce And Medical Practice Owners In Utah What Does Joint Custody Mean In A Divorce? Salt Lake City Lawyer Talks About Innocent Shooting What Are The Custody Options After A Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Who Gets Custody Of Child In Divorce Ogden Utah first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/who-gets-custody-of-child-in-divorce-ogden-utah/ |
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