What is Family Law?Family law is a legal practice area that focuses on issues involving family relationships such as marriage, adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations. They can also draft important legal documents such as court petitions or property agreements. Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce. The matter of family encompasses so many life aspects. Lawyers in the field, therefore, help all kinds of people facing all kinds of sensitive issues that many people wouldn’t immediately assume go under the family law umbrella. Related Practice AreasFamily law often intersects with a wide range of other legal practice areas. For example, instances of domestic violence and child abuse typically involve criminal investigations (and may result in arrests and charges). Along with that process, family courts are tasked with determining how to best protect the victims and ensure a relatively safe environment for those involved. While some individuals are able to reach an amicable decision with another individual in a family law dispute and maintain a healthy relationship, the majority of individuals who go through these types of disputes can benefit from the assistance of having a lawyer. Family law disputes are some of the most contentious cases because the stakes are so high when children or property rights are involved. Here are a few indicators to help you see when you need a lawyer for your case. Domestic Violence Is InvolvedIf there has been a history of domestic violence, you are not on an even playing field with the other party. You may enter into decisions because you fear the repercussions of not agreeing with your spouse or former partner. Hiring a lawyer can help prevent you from being directly involved in some interactions, such as by having a lawyer voice your preferences and point of view without having to be there personally in front of your abuser. A family lawyer can help take the steps necessary to protect the parent and child in this type of situation. He or she may also be able to advise you about how you can access the financial resources that you need to help make it through the dispute. You Don’t AgreeIf you are going through divorce, there are several key aspects that you must agree on in order for your divorce to be considered “uncontested.” For example, you must be able to reach an agreement about how to dispose of your marital property. Additionally, you must be able to agree on terms regarding your children, such as custody, parenting plans, visitation and child support. If spousal income will be awarded, this issue should also be hammered out. Even if you do not initially agree on these terms, you may be able to seek the assistance of a neutral third party mediator to reach a decision regarding these matters. If you do reach an agreement on these key issues, you may still want to have an attorney review the settlement and inform you of any potential consequences of your agreement. Otherwise, if you do not agree on these issues, you may need the assistance of a family law attorney to represent your side in the dispute. You Need Assistance in Collecting EvidenceIf you need evidence in your family law case, you may need the assistance of an attorney. You may need evidence in a variety of family law cases. For example, you may need evidence to prove that a spouse is having an affair in order to get more favorable terms under your prenuptial agreement. You may need evidence in a child custody case to prove that you are the parent that is fit to raise the children. A lawyer may be able to acquire the evidence that you need in your case by conducting an investigation, requesting documents from the other side and taking depositions of people involved with your case. To Help In The Filing Of PaperworkWhatever family case you’re facing, a good family lawyer can assist you in properly filing paperwork. When you don’t have any legal experience, you might be overwhelmed by all the necessary documents that you should draft and file correctly. Not only might that, but the improper filing of these documents end up being excluded by the judge in your case. An example of this is when you file for divorce against your estranged spouse, in which several documents are needed for the proceeding. However, by seeking legal help from a family lawyer, you can have peace of mind knowing that all the required paperwork will be appropriately done while meeting the time limits. To Prepare Your Family’s Financial FutureAnother important reason you might need a lawyer is for the preparation of your family’s financial future. Typically, no one knows what the future holds for you and your loved ones. Thus, whether you need help with pre-nuptial and post-nuptial agreements, wills, and other legal services, you should hire a good family law attorney to have all these documents prepared whenever you need them. They’ll assess your needs and recommend the best strategies that might help prepare your family’s financial future. Also, as their client, they’ll have your family’s best interests in mind so you can rest knowing that everything they do is for your benefit and that of your family. You Can Meet the Legal StandardEach state provides for a specific legal standard that must be met in each type of case. For example, many states use the “best interest of the child” standard in determining to whom to award child custody. Courts may evaluate which parent is more likely to support the educational and religious growth of the children, which parent is better equipped financially to raise the children, which parent is more likely to encourage a positive relationship between the other parent and the children and which parent is more likely to abstain from dangerous or unethical behaviors such as the consumption of drugs and alcohol. Once child custody is awarded, the standard in many states to change this award is when a material change in circumstance occurs. This means that some type of event or set of circumstances must have arisen that provides a basis for the court to amend a previous order. You Want to Even the Playing FieldIf the other party has retained a lawyer, it may be advisable for you to retain an attorney of your own. The law is quite complex and not filing the proper paperwork or not meeting deadlines in your case can have a serious or even permanent effect on your case. Additionally, you do not want to have to take the word of an attorney who is representing the legal interests of your adversary. Types of CasesLearn about the different types of cases heard at family court, and how they are different from cases heard in general civil or criminal court. Criminal CasesCriminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. In criminal cases, the government prosecutes individuals for violating those laws (in other words, for allegedly committing a crime). Punishment in criminal cases can include fines, community service, probation, or prison. Civil CasesCivil cases involve conflicts between people or institutions such as businesses, typically over money. Civil cases include lawsuits for money, landlord/tenant matters, breach of contract claims, and cases where one person is trying to make someone else do something (for example, sell some property) or stop doing something (for example, stop a foreclosure). Family CasesFamily cases are a type of civil case, but they generally involve issues between or concerning spouses, parents, and children. Family courts handle a wide variety of cases involving domestic matters. The most common issues handled at family court include: Marriage Dissolution. When someone wants to end a marriage, they can file a case at family court to ask for a court order ending the marriage. Marriages can be terminated through divorce or annulment cases. The court can also grant a separation, where the court issues orders regarding property, alimony, and child custody, but the parties remain legally married. Paternity and Child Custody. When a man needs to be declared the father of a child, either parent can file a case asking the family court to determine paternity. This permanently establishes the father of the child. Unmarried parents can also ask the court to order legal custody, physical custody, visitation schedules, and child support. Protection Orders Against Domestic Violence. Victims of domestic violence can ask the family court to issue protection orders to keep their abuser away. Name Changes. A child or an adult may be able to legally change their name through a name change case at family court. Guardianship. Guardianship involves determining who will be responsible for the medical, personal, and financial decisions over a child or an adult who cannot care for themselves. Termination of Parental Rights and Adoptions. If there are serious reasons why a parent should no longer have a parental relationship with a child (such as abandonment, neglect, abuse, etc.), the family court may terminate that parent’s rights. If someone else wants to become a child’s legal parent, the family court can grant an adoption where the parent-child relationship is legally created. Juvenile Matters. Family court oversees all matters where there are allegations of child abuse, child neglect, or where minors are accused of participating in illegal behavior. These matters are largely handled by the District Attorney Juvenile Division. The family court can also approve work permits for minors under the age of 14. Emancipation and Approval of Underage Marriages. Those under the age of 18 who wish to marry or want to be “emancipated” (meaning, being legally free from the control of their parents) can petition the family court for approval. Dealing with family issues can be an overwhelming experience. This is especially true if they involve some legalities that make these problems more complicated to resolve. Hence, depending on your family dynamics, having a good family lawyer will make a lot of sense for you and your family. Primarily, a family lawyer is a legal professional who specializes in handling cases related to family matters. Questions To Ask Your Family LawyerThe relationship you strike with your family lawyer centers on compatibility: you need to ensure that your working style and goals align. Can You Help Me Achieve My Goals?We all do our best work when we believe in what we’re working to accomplish. Before meeting with a family lawyer, consider what’s important to you and to your children. The family issues you’re facing are deeply personal. Needing help with family law can be stressful. What’s Your Experience?It’s important that your family lawyer have the knowledge and experience in family law to streamline your case. An inexperienced lawyer, or a lawyer whose practice doesn’t focus on family law, may not fully understand the complexities of your issue. When meeting with a family lawyer, ask these questions about his or her experience. These questions can help you determine not only the number of cases a family lawyer has handled, but also how many have centered on circumstances similar to yours. A lawyer may have handled dozens of cases but only dealt with a handful involving complex spousal issues. What’s The Best Approach For Me?When meet your family lawyer for the first time, you should thoroughly explain your options, laying out the pros and cons of each. They will let you know whether your case can be resolved by agreement, while also providing an overview of mediation, litigation and collaborative family law. Who Will Be My Primary Point Of Contact?It may take time between your contacting a lawyer and receiving a response. For convenience, you may expect a reply within 24 hours. Be sure to clarify your lawyer’s policies. How Much Will This Cost?Unexpected legal bills can be incredibly frustrating. They can also erode trust in your relationship with your lawyer. When you first meet with them, they’ll discuss their need for a retainer and expectations around budgets for legal fees. In most matters, they can work based on regular hourly billing, quoted billing caps or fixed legal fees. They’ll work to find a pricing model that works for you. 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
Ascent Law LLC
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Divorce Settlement Agreements And Court Approval Do Adoptions Require A Home Inspection? Do I Have To Pay Child Support If I Have No Visitation Rights? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-need-a-lawyer-for-my-family-law-issue/
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You pay your child support every month like clockwork. You always take your parent-time (i.e., visitation) with your son. Then, you get a new girlfriend. Your ex doesn’t like her at all and says she won’t have her son around the new girl. So, she doesn’t allow you visits anymore. This sort of thing happens more than you think. Things go well in Utah divorce and child custody situations until they don’t. And when they go bad, they usually go bad hard. So, how do you deal with it? Your first thought may be to stop paying child support. Makes sense, right? You don’t get to see your son, so why should you have to pay? Yeah, not a good idea. Let me explain why. First, the legal. Child support and visitation are two unrelated things in the law. This means if someone doesn’t pay child support, you can’t keep them from parent-time. It also means if someone withholds parent-time, you still owe child support. Legally, one does not depend on the other. And if you stop paying child support, you are in contempt and the Court will sanction you for your contempt. Sanctions usually include paying attorney fees, and can include jail time. Not good. Children need child support. Child support never actually covers half the cost of raising a child. Taking away child support usually means there is a severe shortage of funds, which hurts kids first and worst. You would be using your son as a pawn in a battle between you and your ex. That’s not fair or good for your son, and it will damage him. You don’t want to screw up things when you file to hold your ex in contempt for refusing your parent-time. The way you should handle things is to file for contempt of court. (This assumes you have a Utah divorce decree or Utah order of paternity. If you don’t have one of those, then it’s time to start the process.) You’ll be on firm footing. I can guarantee you, however, if you stop paying child support, it will make things much more difficult. The judge won’t like that you stopped paying, and your ex will probably file for contempt against you because you haven’t paid child support. It leads to an ever-escalating fight. If you refuse to pay child support, your ex will find new and creative ways to make your life hell. You’ll then retaliate, and so will your ex. It will keep getting worse and worse. Break the cycle. Please, pay your child support, no matter what. Don’t stop paying child support. There are other, much more productive, ways to address the problem of not getting your parent-time. Choose the higher ground; you’ll be glad you did. Do Grandparents Have Visitation Rights in Utah?In many families, both parents and children look forward to grandparent visits. Some grandparents provide emotional support or childcare assistance to exhausted parents and shower their grandchildren with attention and love. However, when parents’ divorce or separate, a parent may decide to cut off visits to grandma or grandpa. If you’ve been an involved grandparent, who’s suddenly prevented from visiting with your grandchild, there’s hope. What is your relationship to the children?There is legal recourse for grandparents who want visitation with their grandchild. A judge will consider the grandchild’s best interests, among other factors, to determine if grandparent visitation is appropriate. This article provides an overview of grandparent visitation rights in Utah. Grandparent visitation rights aren’t found in the Constitution and there’s no federal law regulating grandparent privileges. Instead, each state has enacted its own laws governing grandparent visitation rights. Grandparent visitation laws vary from state to state, but the U.S. Supreme Court has outlined some basic rules governing grandparent visitation. In 2000, the Supreme Court issued its decision in Troxel v. Granville. The case challenged the constitutionality of Washington’s grandparent visitation law. The Troxel decision requires a judge to consider a grandchild’s best interests in any case involving grandparent rights. A court must presume that a parent’s prevention of grandparent visitation is appropriate. Finally, a court must consider a parent’s reasons for prohibiting grandparent-grandchild visits. The Troxel case reaffirmed parents’ rights, while still acknowledging that grandparent visitation may be appropriate in some cases. Grandparent Visitation in UtahUtah law presumes that a parent’s decision to allow or prevent grandparent visitation is in the grandchild’s best interests. A grandparent seeking visitation must overcome this presumption and prove that grandparent visitation benefits the grandchild. A judge will consider the following factors to determine if grandparent visitation is necessary: In one Utah case, the court limited grandparent visitation because it interfered with the mother’s parental rights. The grandchild lived with her father and grandparents following the parents’ separation. The grandparents petitioned the court for visitation after the grandchild’s father passed away. The lower court originally awarded substantial grandparent visitation – 36 hours per month. However, the appeals court determined that the grandparents hadn’t shown that the grandchild would suffer harm if the court denied visitation. The case was reversed and grandparent visitation was cut down to a few hours a month. What this ruling demonstrates is that a grandparent’s visitation rights can’t infringe on parents’ fundamental rights to raise their own children. When balancing a parent’s rights and grandparent visitation privileges, a parent’s rights will always come first. When can a grandparent obtain custody of a grandchild?Parents have a constitutional right to raise and care for their children. A grandparent can’t intervene and obtain custody of a grandchild unless the child’s parent is unfit or has voluntarily terminated parental rights. Specifically, Utah law allows a third party individual, such as a grandparent, to obtain custody when: For example, in one Utah case, a court denied a maternal grandparents’ request for custody. The grandchild’s mother had died and the father had only recently become a part of the grandchild’s life. The court denied custody because the grandparents were unable to show that the father had abandoned, abused, or neglected the child. A parent’s temporary absence isn’t enough for a grandparent to obtain custody of a grandchild. A grandparent has a heavy burden to prove that the grandchild’s parent can’t meet basic parenting obligations. Utah law assumes that parents act in their children’s best interests and a grandparent seeking custody must show otherwise. A parent must be unfit or missing from the picture before a grandparent can petition for custody of a grandchild. Can a biological grandparent obtain visitation with an adopted child?Adoption cuts off a biological parent’s rights to a child, as well as grandparents’ rights. Likewise, if a parent’s parental rights are terminated, a grandparent (the parent’s parent) will also lose any visitation privileges with the grandchild. Some exceptions apply in the case of stepparent adoptions or an adoption by a biological relative. Specifically, in one Utah case, a judge denied a paternal grandparent’s request for visitation. The grandchild’s father (and grandparent’s son) died before the grandchild was born. Shortly after the grandchild’s birth, the child’s mother relinquished her parental rights and placed the child up for adoption through an agency. Although the paternal grandparents tried to intervene and prevent the adoption, the court determined that they had no standing. The grandparent’s legal rights were terminated upon their son’s death. Grandparents have visitation rights under Utah law. However, those rights are always secondary to a parent’s rights. In certain situations, a grandparent may be entitled to visitation with a grandchild as long as the visits don’t interfere with the parents’ rights, and they serve the grandchild’s best interests. If you have additional questions about obtaining grandparent visitation with or custody of a grandchild in Utah, contact a local family law attorney for advice. When can you deny visitation to the non-custodial parent?In case of a separation or a divorce, one parent is often given more custodial rights of a child than the other. Such a person is referred to as the custodial parent while the other is known as the noncustodial parent. Although the custodial parent may have more access to the child, the noncustodial parent may also be given visitation rights. The court can either allow the two parents to decide on the visitation schedule or it can give directions concerning the visitation hours or days. Child custody attorneys Los Angeles play a big role in the judge’s decision. Although it’s almost always a guarantee for the court to grant visitation rights to the noncustodial parent, it can also restrict or deny visitation because of various reasons. One of the common reasons for such denial is if the court believes that the visitation can put the life of the child in danger. The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: There are also instances where a custodial parent can deny a noncustodial parent with child visitation rights without the court’s knowledge. This is illegal and can lead to serious consequences if the noncustodial parent raises the issue with the family court. When can you deny visitation to the noncustodial parent?There are various reasons why you can deny visitation rights to a noncustodial parent. They include the following: Is it possible to ask the court to deny child visitation?Yes, it is possible to deny or restrict child visitation through the court. In fact, it is the best way rather than doing it without the court’s permission. For example, if you know your ex-wife can harm your child or has a history of molesting him or her, then you can ask the court to deny her visitation rights. However, you need to look for experienced child custody lawyers for fathers to increase your chances of winning the case. Can a parent lose custody if they deny or restrict another parent from seeing the child?Yes, it is possible for a parent to lose custody of the child if the deny child visitation without the court’s permission. For instance, if you deny your ex-husband the right to see his child without notifying the court, then the court has a right to take away the child custodial rights from you. That’s why it is important to seek advice from child custody lawyers for single mothers before you do anything you are not sure of. In a nutshell, there are various situations when you can deny visitation to a non-custodial parent. For instance, when the parent has refused to pay child support, drug and alcohol abuse, history of molestation among others. 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
Ascent Law LLC
The post Do I Have To Pay Child Support If I Have No Visitation Rights? first appeared on Ascent Law, LLC.
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Changing Your name After Divorce Divorce Settlement Agreements And Court Approval Do Adoptions Require A Home Inspection? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-have-to-pay-child-support-if-i-have-no-visitation-rights/ A home inspection, as defined, is an examination of the physical structure and systems of a home, which provides a detailed ‘snapshot’ of the condition of the home at the time of the inspection. The purpose of a home inspection is to help reduce some of the risk involved in purchasing a home; however, it cannot eliminate those risks, nor can the inspector anticipate future events or changes in performance due to changes in use or occupancy. The inspection will cover any potential health and safety issues in addition to areas in need of repair or replacement. In Utah, inspectors must be licensed by the Utah Real Estate Commission (TREC), and are required to comply with the Standards of Practice when inspections are performed for a prospective buyer or seller of a one-to-four family residential property. The Standards of Practice are the minimum levels of inspection practice required of inspectors for the accessible parts, components, and systems typically found in improvements to real property. Keep in mind that the inspector is not required to move any furnishings or stored items. Therefore, it is always a good idea to ensure the access to all the major components of the home is clear prior to the inspection commencing. Why Do I Need A Home Inspection?The purchasing of your home may be the largest single investment you will ever make. To minimize unwanted surprises, you will want to learn as much as you can about the condition of the home before you purchase it. An inspection may identify the need for repairs, as well as the need for maintenance to better protect your investment. After the inspection, you will know more about the property, which will aid you in making an informed decision as to purchase the home or not. What Does A Home Inspection Cost?The inspection fee for a typical single-family property varies depending upon a number of factors such as: size of the house; its age, particular features of the house (slab foundation, crawl space, etc…); and possible option systems inspected. Typically, a home inspection costs around $250 to $400…plus any ‘optional’ services, such as: lawn sprinkler systems; swimming pools, spas, hot tubs and associated equipment; outbuildings; outdoor cooking equipment; gas supply systems; private water wells; septic systems; whole-house vacuum systems; and other built-in appliances. Cost should not be a factor in deciding whether or not to have a home inspection – due to the potential costs involved should you decide NOT to have it inspected. Can A Home ‘Fail’ An Inspection?No, an inspection is an examination of the current condition of the home. There is no ‘pass’ or ‘fail’ rating issued. When Do I Schedule The Home Inspection?Once the purchase contract has been signed, you will want to schedule your home inspection right away. This is because you will want to find out about any potential problems, have time to schedule any additional inspections that may be required, and of course…time to negotiate repairs with the Owner. All of this will need to occur during your option period. Should it exceed the time frame of your option period, and you have not extended the option period, you are stuck with purchasing the home, no matter what additional problems may be revealed in the condition of the home. Should I Attend The Inspection?If you are the Buyer, I recommend you have the inspector call you before his inspection is concluded. Allow yourself enough time to get there and attend a final walk-through with the inspector. You will want him to show you any potential problems – also, feel free to ask any questions about his report. If you are the Seller, you have every right to attend; however, I recommend that you do not follow the inspector around the house trying to justify any deficiency he writes down. What If Deficiencies Are Found In The Home?If the inspector identified any deficiencies, this does not mean that you should not purchase the home. It only notifies you in advance of what you can expect. Perhaps the major issues can be negotiated out, and the minor issues can be repaired by you after you purchase the home. Do not ‘nit-pick’ every little item on the report. That is a good way to get the Seller ticked off. As the Seller, how do I prepare my home for the inspection?• Ensure all utilities are turned on Inspecting the physical condition of a house is an important part of the home-buying process, for purposes of understanding whether you’re paying an appropriate price for the house and what repairs it might need before or after you move in; not to mention whether you want the property at all. In an ideal world, a home inspection should be included in your purchase contract as a condition of closing the sale (a “contingency”). In tight markets, buyers are known to waive the inspection contingency, to make their offer more attractive to the seller. It’s a risk you’ll have to evaluate with the help of your agent. One middle-ground option is to condition the sale on what’s known as a “yes/no” inspection, meaning that you can use the results as a reason to back out of the deal entirely (with the assumption that this you’d do this only because something major turned up) but won’t use it as a basis to negotiate for price reductions or repairs. Basic Reason Buyers Want a Home InspectionNo matter how good the house looked, or how savvy your real estate agent, it takes a professional to test and prod for hidden defects. Even if the seller provides you an inspection report, it’s best not to rely on this alone. The seller might have chosen an inspector who’s not known for rooting out problems. You’ll likely want to hire at least one and possibly more professionals to check out the building’s structure, systems, and physical components, such as the roof, plumbing, electrical and heating/cooling systems, major appliances, floor surfaces and paint, windows and doors, and foundation, and detect pest infestations or dry rot and similar damage. The inspector should also examine the land around the house for issues concerning grading, drainage, retaining walls, and plants affecting the house. Ask for disclosures before you get an inspection. In many states, such as California, sellers are required to disclose considerable information about the condition of the house itself and potential hazards to the property. But this is just the beginning: Not all sellers know about problems with the house or honestly disclose them. (Sometimes they’ve lived with a problem for so long that they’ve literally forgotten it’s there!) Nevertheless, the disclosures are useful to hand to your inspector for follow-up on known issues. When Within the Purchase Process to Have the Property InspectedMost buyers get professional inspections only after they’re in contract to buy the property. The closing of the deal is commonly made contingent on the buyers’ approving the results of one or more inspections. The buyer arranges and schedules the inspections. Before paying for a professional inspection, you can conduct your own informal inspection. Look for issues like sloping floors or bowing walls, signs of water damage, missing roof shingles or gutters coming loose, old or low-quality fixtures and appliances, and other signs of wear, tear, or needed repair. The best time to do this is before you make an offer, so that you can save yourself the trouble should you find serious problems. Another, less commonly used possibility is to ask the seller to let you do a “pre-inspection” before submitting your offer. Why, given the cost of these inspections, would you do this? Because if you’re in a situation where you’re competing against other buyers (which can happen in any market, if a house is particularly desirable), this can help you set your offer apart. You’d most likely be able to submit an offer without an inspection contingency, thus reassuring the seller that your offer price is firm, not something you’re likely to whittle away at after you’re in contract, based on whatever a later inspection reveals. (On the other hand, you risk coming in with an offer price that’s lower than others’, having taken the house’s problems into account; which only you know about at that point.) Some sellers will refuse to allow pre-inspections in any case, particularly because, if you alert them to problems with the house, they’re then likely obligated to divulge these to other potential buyers as part of their state’s disclosure laws. Hire a Professional InspectorHire a general contractor or home inspector to inspect all major house systems, from top to bottom, including the roof, plumbing, electrical and heating systems, foundation, and drainage. This will take two or three hours and likely cost you $300 or more, depending on the location, size, age, and type of home. Accompany the inspector during the examination, so that you can learn more about the maintenance and preservation of the house, ask questions, and get a real sense of which problems are serious and which are relatively minor. Tips on Choosing a Home InspectorAs the buyer, you want someone who will be thorough and tough. This may not be the inspector your real estate agent recommends–the agent has a financial interest in your deal going through and may recommend an inspector who is not overly persnickety.Ask home owning friends for recommendations or check with the Utah Society of Home Inspectors. Get a Pest ReportIn addition to the general inspector, it’s wise to hire a licensed structural pest control inspector, who will create a special pest report on the property (unless the seller has already commissioned one. Pest inspectors, unlike general inspectors, traditionally accept work on properties they’ve inspected, so they have every interest in finding problems). The pest inspector will look for infestation by wood-boring insects such as termites and flying beetles, as well as evidence of dry rot and other fungal conditions. Some general contractors are also licensed pest control inspectors, but will normally charge extra for doing double duty. Be sure you get a written report of all inspections. Consider Hiring Experts for Special InspectionsDepending on the property and your personal sensitivities, you might want to arrange specialized inspections for hazards from floods, earthquakes, and other natural disasters. The same goes for environmental health hazards such as mold, asbestos, and lead. If the garden area is important to you, or has features beyond the general inspector’s expertise such as a pond or fountain, you might also need a separate landscape inspector. And, if the general inspection revealed problems with the roof, foundation, or other areas that are hard to access or potentially expensive to repair, you might also want to hire a specialized inspector. After the Inspections Are CompletedIf the inspection reports show that the house is in good shape, you can proceed with the purchase, knowing that you’re getting what you paid for. If the inspections bring problems to light, such as an antiquated plumbing system or major termite damage, you can negotiate to have the seller pay for necessary repairs or to lower the purchase price. Or, you can back out of the deal, assuming your contract is written to allow you to do so. 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
Ascent Law LLC
The post Do Adoptions Require A Home Inspection? first appeared on Ascent Law, LLC.
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Can You Take Your Child If There Is No Custody Order In Place? Changing Your Name After Divorce Divorce Settlement Agreements And Court Approval Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-adoptions-require-a-home-inspection/ The divorce has been hard enough, and now there might be a trial? Trials may look good on television, but in most cases a settlement outside of court proceedings can be a better way to go. If you and your spouse can agree on the important issues in your divorce, you can avoid a trial. Here is a quick primer on how out-of-court settlement agreements in divorce cases get court approval. Alternative Dispute Resolution in DivorcesThe vast majority of divorce cases reach settlement before the case needs to go to trial — whether as a result of informal negotiations between the spouses (and their attorneys) or through alternative dispute resolution processes like mediation or collaborative law. Below is a discussion of settlement agreements and court approval in divorce cases. The Divorce Settlement AgreementIf a divorcing couple (and their attorneys) negotiates and resolves all issues related to their divorce, whether informally or through out-of-court processes like mediation or collaborative law, the couple’s decisions are finalized in detail in a written settlement agreement. This agreement is then shown to a judge in the county/district branch of state court where the divorce petition was filed. An informal hearing will usually follow, during which the judge will ask some basic factual questions, and whether each party understands and chose to voluntarily sign the agreement. As long as the judge is satisfied that the agreement was fairly negotiated, and the terms do not appear to blatantly favor one spouse over the other, the settlement agreement will almost always receive court approval. Court Approval and Divorce DecreeOnce the judge approves the divorcing couple’s settlement agreement, he or she gives the couple a divorce decree that shows that the divorce is final, and documents how key issues have been resolved. The decree dictates a number of things about the now-divorced couple’s rights and obligations, including: If the judge does not approve one or more terms of the settlement agreement, he or she will likely order the parties to continue negotiating on those terms. If the couple does not reach any settlement agreement, the divorce case will go to trial before a judge or jury. Partial Divorce SettlementA divorcing couple may reach settlement on a number of issues related to the divorce, but might find themselves unable to agree on other questions. If this happens, a partial settlement might be reached, and the remaining unresolved issues will be submitted to the court for resolution. For example, if the couple has worked out a voluntary settlement on all issues related to their children (child custody rights, a visitation schedule, payment of support) but cannot agree on what to do with the family’s vacation home, the court might approve a partial settlement agreement on custody and support, but will order that the property issue be submitted for resolution at trial. What If My Ex-Spouse Violates The Terms Of Our Marital Settlement Agreement?If a party violates the terms of a stipulated judgment or marital settlement agreement, which are nearly always incorporated into a Judgment of Dissolution of Marriage, you have quite a few options to enforce the terms. You can file a motion with the court seeking sanctions against the other party for violating the terms of the agreement. You can file a motion with the court seeking that the court compel the other party to cooperate. For example, suppose a party agreed to provide certain personal property to the other party but failed to actual follow through with that agreement. You can file a motion with the court requesting sanctions against that party and an order that compels that party to provide the property at a certain date. If the other party refuses to sign documents required under the terms of a written agreement, you can file a motion and ask the court to appoint an “elisor” to sign the documents on behalf of that party. In that case, the court clerk actually signs the document and it becomes a valid and enforceable legal document. For example, suppose a party was ordered to execute an Inter-spousal Transfer Deed to transfer a property to the other spouse and they refuse to actually sign that document. You can file a motion for an elisor and the clerk will sign the deed on behalf of that party. In the event money is owed under a Marital Settlement Agreement, you can file a Writ of Execution with the court and seek to levy accounts or assets owed by the violating party. How are Settlement Agreements Enforced?In general, enforceability of settlement agreements vary among the different jurisdictions. One of the most common ways to enforce them in court is to file a motion. For example, according to the Utah law entering into a settlement agreement requires that the agreement must be either in writing, signed by all the parties outside the court or may take the form of an oral agreement made in the presence of the court. The court must have jurisdiction over all the parties until the settlement has been fully performed, meaning granting the court the ability to enforce the settlement’s terms. However, if one of the parties fails to follow through with the settlement agreement, the aggrieved party may file a motion in court to enforce the agreement. Generally, the motions requests the court to enter a judgement pursuant to the settlement’s terms. The role of the judge hearing the motion is to examine the evidence and hear oral testimony. Additionally, the judge may also consider the factual disputes regarding the settlement. If the judge finds that the settlement is sound in its terms, it may then enter a judgment pursuant to those terms. Furthermore, for the settlement agreement to be legally enforceable certain requirements must be met. Some of these requirements include: Can a Settlement Agreement be Cancelled?It is possible to back out of a settlement agreement if both parties consent and it has not been incorporated into a court order. However, the issue arises if the other party does not agree. Usually, courts are reluctant to allow a party to back out of a settlement agreement if it is made in good faith with the parties’ involvement. The settlement agreement can be voided if it was formed through fraud or misrepresentation. If a person can refuse to sign a settlement agreement in the first place depends on how it was formed. If there was an oral agreement a signature may not be required for it to be enforced. Researching the local jurisdiction will allow a better understanding of how the court would rule on an oral agreement between the parties. The court can hold a hearing to determine if there was a meeting of the minds and good faith agreement for the settlement. If so, it is unlikely for either party to back out of the agreement. Cancelling a settlement agreement is a complex matter and may require the assistance of an attorney. A qualified attorney can review the settlement agreement and determine what the options are under contract laws. They can also provide advice and input regarding alternative options. Can a Settlement Agreement be Modified?Furthermore, the settlement agreement can be modified, if there can be a showing by the party that there has been a significant change of circumstances. If this occurs, the party can seek modification from the court for the settlement agreement. Below are some situations in which modification may be permissible: The proper motion needs to be filed for a modification in the settlement agreement. The party seeking modification has the burden of showing that a significant has occurred for the modification of the settlement agreement. A reasonable basis for the change is sufficient to show for the modification request for the court. However, simply inconvenience in following the terms of the agreement does not suffice as a valid reason to modify the contract. There is no requirement for the part to show that the changed circumstances were either foreseeable or unforeseeable. The rules regarding the exact requirements will vary among the different jurisdictions and what the process is like to request a change in the settlement agreement. Therefore, the court may consider several factors for the modification of the settlement agreement. For example, they may look to the events leading to the settlement agreement, what the specific hardship is, and the interests of the other party not wanting to modify the agreement. What To Do If There’s a Breach of Settlement Agreement?After the parties resolve their disputes and come to an agreement, they can stipulate in those agreements terms that would outline the course of action in case a breach occurred. A breach is when either party refuses to adhere to the agreed terms and conditions outlined in the settlement contract. In brief, a party that breaches a settlement agreement will risk being forced to complete the agreement and paying the legal costs of the party seeking to enforce the agreement. The process to obtain breach of settlement agreement damages can vary depending on the different states. A separate lawsuit may need to be filed in order to obtain the damages from the breach of the settlement agreement. Typically, the settlement agreement will stipulate the course of action, penalties or fees that need to be paid if either party fails to follow its legal obligations under the agreement. A majority of the cases are settled out of court. There is a possibility to obtain an out of court settlement. There is the uncertainty of what will occur at trial, costs of court, and lengthy proceedings. One of the advantages of settling out of court is that the parties are in control of their privacy and do not have to share information regarding the settlement with the public, including the terms of settlement. Do I Need a Lawyer for Assistance with a Settlement Agreement?The process of drafting a settlement agreement can be time consuming and draining. It is recommended to seek out an attorney that can closely examine the nuisances in your local jurisdictions to determine the best possible outcome for the legal dispute. A settlement agreement needs to be carefully crafted to balance the risks and provide a workable platform for both parties to abide by. It is important to include terms that are both mutually favored by both parties and draft a document that can end future litigation. A settlement agreement is a crucial document in ensuring that the parties come to terms with their disputes. Steps To A Divorce Settlement AgreementSTEP 1. Beginning with the BasicsFirst, you must acquire the required legal forms from your courthouse’s regulation collection or from your state’s or district’s government court or justice site. Similar to any legal contract, you should start by specifying the full the names of the parties who are associated with the agreement. In this case, it will certainly be you as well as your spouse. STEP 2. Include the DetailsProvide all relevant information about your marriage, consisting of: STEP 3.Verify Your AgreementYou and your spouse should verify that both of you accept the terms of the agreement included into this document (that your divorce will certainly be uncontested); this acceptance as well as your seen signatures will certainly make the agreement legitimately binding. STEP 4. Identify and Divide Assets and DebtsLaws regulating division of assets in divorce vary from one state to another. Some pairs have the ability to settle on how to separate every little thing, while others look for the aid of divorce attorneys to help them to negotiate a settlement that benefits both partners. While dividing the assets, keep in mind your joint debts as well – bank loans, credit-card debts, mortgages, car payments, etc. Unless you agree otherwise, both of you are on the hook to repay your joint financial debts. Some will be personal– debts sustained prior to the marriage such as a student loan, a bank card that just one spouse used as well as was approved for, etc. If the debt is in one partner’s name only, that spouse will usually assume the responsibility for repaying it. STEP 5. Create Parenting Plan For Custody And VisitationThe following step is to discuss the matters concerning your children, if you have any. You should make a decision what type of custody is right for your situation – joint, shared or sole one. When choosing the primary custodial parent, don’t hesitate to contact a Child Custody Lawyer. In case the children stay with one parent, any type of visitation rights of a non-custodial parent should be determined in the agreement. Include as many details as you can — such as days of the week, time visitation starts and stops, and what occurs throughout the vacations– to decrease the risk of troubles down the line. STEP 6. Agree on Child Support and AlimonyFinally, child support and alimony should be reviewed. . At a basic level, the Child Support Worksheet requires both parents to enter in their financial information to calculate a reasonable amount of child support. This reasonable amount of child support may be altered upward or downward. STEP 7. Polishing Your AgreementWhen you’ve finished all the documents, it’s time to read it over carefully to look for errors or omissions. Make certain that it’s perfect for any person who’s going to read it. If your agreement contains mistakes or typos, not only can this harm the reputation of your case but can additionally develop opportunities for misconceptions. 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!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Can Things I Purchase For My Child Count Toward My Child Support? Can You Take Your Child If There Is No Custody Order In Place? Changing Your Name After Divorce Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/divorce-settlement-agreements-and-court-approval/ There are a number of different things you can do to make it easier for you to change your last name after a divorce. First of all, if the divorce is not yet final, you can request it in the divorce decree. If you have already been divorced for a while, it may not be too late. You may not need an attorney to assist you with changing your name. Contacting the circuit court in the county or city where you live may be your first step. Make copies of all legal name change documents and keep these stored in a safe place since you will need them to update your other materials. From this point on, you’ll want to update the same documents you did when you got married. To make things easier, ensure that you address yourself a certain way and introduce yourself that way to others, too. Some may ask for a request for the name change order, such as your bank. Making a list of everyone that you should contact with the update of your name change can make this process easier. This includes employers, creditors, financial institutions, the social security administration, the doctors’ offices, the Department of Motor Vehicles, the passport office, IRS/state tax departments, voter’s registration, insurance providers, your landlord or mortgage holder, utility companies, and family and friends. Your will and all other legal documents should also be updated at this time to reflect the new changes in your life and your fresh start. Keeping Your NameIf you are going to keep your married name, you need to say so in the divorce decree. There will be a question that asks if you would like to retain your married name, or be known by your maiden (or former) name. Your husband cannot request your drop his name, regardless of the reason. It is your legal right to keep your married name, even after your husband has moved on. So if you are asking, “Can I keep my married name when divorced;” yes, you can! Changing Your Name: The Dos and Don’tsChanging your name, by marriage, civil partnership, deed poll or after divorce – can be expensive and onerous. Here’s how to avoid the pitfalls and keep costs down: Changing Your Name after Marriage Or A Civil PartnershipYour marriage or civil partnership certificate does not in any way indicate the surname you’ll have after the ceremony, yet you can use it to prove you have changed your name. To change your surname to your spouse or civil partner’s surname (or to double-barrel your joint surnames) on your passport or driving license you need to fill in the relevant forms requesting the change and present your marriage certificate. Financial institutions, such as banks and building societies – should also accept your marriage certificate as proof you have taken your partner’s surname if you are a married woman or civil partner. This is not always the case if you are a married man taking your wife’s surname or if you are double-barreling or meshing your surnames. If one of these situations applies to you, you may prefer to change your name by deed poll (which should always be acceptable proof). Changing Your Name By Deed PollA “change of name deed poll” is simply a document that contains the following three declarations: You must sign and date this declaration in both your old and your new name. Your new name must contain both a forename and a surname and be pronounceable, as well complying with other common sense restrictions specified by the Home Office. Two witnesses, who aren’t related to you, must also sign your deed poll and give their name, occupations and addresses. How Do To Change Your Surname After A DivorceYou have the right to assume whichever name you wish at any point. However, from a legal perspective, when applying for formal documents such as a passport or driving license, or when opening a new bank account, then simply choosing to be known by a different name will not prove sufficient. A formal change of name application must be submitted to. This may sound like an overwhelming proposition, but in truth the process is very straightforward and inexpensive. But that is not intended to make the process seem any less important. The fact is that it is essential to inform companies and authorities of your new status – it’s one of the many ways in which you might have an extra layer to protect your credit rating. Naturally, not all people wanting to change their surname back to their maiden name are doing so through fear- many divorces are more than amicable, but when the relationship comes to an end, the sharing of an ex-husband’s surname may simply not be desirable. His or her credit rating could impact on yours particularly if you remain at the same address where you lived as a married couple. Is There Another Way To Change My Surname Back After A Divorce?Despite the processes laid out above as being fairly straightforward, there are still a number of people going through a divorce that would prefer not to have to wait on yet another decision from the courts. Naturally, many people will simply revert to their maiden name after the divorce, but those people need to be aware that there are an increasing number of institutions who will require legal documentation to support an application. The good news is that if you are simply reverting to your maiden name after a divorce, then many institutions will accept a copy of your birth certificate, marriage certificate, decree absolute and a signed declaration that you are reverting your maiden name for all purposes. In the case of civil partnerships, both that certificate along with the final order will be required. To be clear on this point, the marriage certificate which you are likely to have stored for sentimental purposes is not what you need here. Whilst many people will hold onto their marriage certificates in a safe place, such things can be lost, but that is not a problem. Your more formal marriage certificate is not the sort of document that you are likely to have had framed but the good news is that you can order copies of the certificate Be aware however, that banks, building societies and the Passport Office are constantly imposing new and more stringent security measures, and so it makes sense to not allow something as important as your surname stand in the way of an otherwise straightforward process. An enrolled Deed Poll is your guarantee that you will be able to comfortably change your name back to your maiden name after a divorce, and that you’ll be able to apply for anything from a bank account to a passport without constantly having to dig out an array of certificates that are resting comfortably in the back of a filing cabinet somewhere in your, or your ex spouse’s home. Can I Change My Surname Back To My Maiden Name Before My Divorce Is Finalised?The simple answer here is yes. You can enroll for a Deed of Change of Name at any time – your divorce is not a consideration for the Deed Poll Office. However, it is vitally important that you advise all parties – especially your divorce lawyer – that you are doing this. Failure to do so could result in a decree nisi and decree absolute being granted to someone who, from a legal perspective, no longer exists due to a change of name that’s been recognized by the courts, and that could prove to be a very costly mistake! Do I Have To Revert To My Maiden Name After My Divorce?There can be any number of reasons why you would not want to revert to your maiden name after a divorce, and the simple answer is that you don’t have to. However, in this instance, it will be necessary to apply for a Deed Change of Name, as the presentation of a marriage certificate and decree absolute will not prove sufficient here. Naturally, your divorce lawyer is on hand to take you through all of these issues and advise you on the best course of action to change your surname back to your maiden name after a divorce, or to change your name to something entirely different after a divorce as well. Reverting To Maiden NameReverting to a maiden name is common for many women after divorce. But requesting to change your name and actually getting it done can bring up a lot of questions about the process. Can I make the name change part of the divorce decree? How soon in the divorce process can I change my name? Who do I need to talk to when I’m reverting to maiden name? Find answers from the legal expert to these and other questions below. Name Changing CautionsWhatever reason you have for keeping your married name, remember that is your legal right. You should think hard about changing back to your maiden name, because once you are legally divorced, and you change your name by Deed Poll, it will be nearly impossible to change your name back. The main reason being you will no longer have a marriage certificate, but instead a divorce decree. Pros and Cons of Keeping Your Married Name After DivorceAfter your divorce is finalized, you may be considering all of the changes you’ll need to make in your life. In addition to updating your beneficiary forms and your legal paperwork, such as a power of attorney and driver’s license, you might wish to consider changing your married name. This might seem like an additional hassle, after all of the paperwork and other expenses you’ve had to go through due to ending your marriage. But there are pros and cons when it comes to changing your married name. It is not as difficult or as unusual to change your name as you might think. More women are deciding not to keep their ex-husband’s last name after the divorce. Ask Yourself If You Should Go Back to Your Maiden NameAsk yourself the honest question of whether or not you want to back to your maiden name. Many women who have gotten divorced choose to do this and this is fine. However, many women realize that they don’t want to reset their entire social life. Others may feel that changing your name after a divorce is a bigger part of an overall fresh start. Consider the Benefits of a Clean BreakOne of the biggest advantages of updating your name after a divorce is that you can establish a firm break with your former spouse. Just as taking his name when you got married was a signal that you were one unit, legally updating your name back symbolizes that you no longer wish to be connected legally, emotionally, or financially with your ex. It also symbolizes your independence and the fact that the marriage is completely over. There can be something empowering and cathartic about choosing a new name or going back to your maiden name. Does Your Maiden Name Truly Reflect Who You Are?Whether you categorize it coming into your own, aging gracefully, or closing this chapter of your life, coming out on the other side of any divorce can be a good time to be proud the new woman that you’ve become. Chances are that you’ll find that you are not the person that you were during the marriage. Just like you could benefit from an upgrade in your wardrobe and a new living situation, you might find that changing your legal name is an opportunity for an emotional makeover. Con: Causing Confusion in Your Professional LifeA name change can be confusing, which is one reason why more women are thinking about keeping their married name even after the divorce is final. A name change can be especially confusing if you are a lawyer or a doctor with clients or patients who are used to referring to you by the married name. If you are a professional speaker or an actor or have a big network, it can be very problematic to change your name. If you consider that your last name is part of your brand, switching it may not be recommended idea. Consider Your ChildrenMany formerly married women have changed back to their maiden name and allowed their children to keep the last name of the former partner. If you have small children, it may be easier to keep the ex-husband’s name so that you and the children can have the same last name. With a rising number of blended families, however, this is often less of an issue. Fear-Based ReactionsMany of the reasons that a woman may choose to not change her name could be based on fear. If you are afraid that it would be too costly or complicated, you might be surprised to realize that it can be less expensive or as much of a hassle as it was to change your name when you originally got married. If you are concerned about offending your parents, consider talking over the situation with them after you have come to your own decision. Many women are also afraid of change, or afraid that it is unfair to the children. If you reset your life after a breakup, it can already feel that you’ve gone through a tremendous amount of change. Changing your last name might seem like one more thing you don’t want to do. You don’t have to keep the same last name as your children if you don’t believe that this will affect them in any way. Can I Keep My Married Name When Divorced?Each year marriages end in divorce for various reasons. Despite the reason for the divorce, there are many questions the ex-spouses may have. Some women ask, “Can I keep my married name when divorced?” Typically a woman will change her name back to her maiden name, but in some cases a woman may want to keep her married name. There a list of reasons why a woman may want to keep her married name. Some of those reasons include: 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
Ascent Law LLC
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Can Non Biological Parents Get Child Custody Or Timesharing? Can Things I Purchase For My Child Count Towards My Child Support? Can You Take Your Child If There Is No Custody Order In Place? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/changing-your-name-after-divorce/ When a couple has a child together, there is no custody order. There’s no “every other weekend” rule, even if mom and dad are no longer romantically involved. Married or single, it doesn’t make any difference. Babies aren’t born with rules about custody in place. Furthermore, babies are born to two parents, each of whom has equal rights with respect to the child. Neither parent is more important than the other. Think about how it works in a marriage or other committed relationship. Mom and dad share time with the child, and divide up (to some extent) the responsibilities relating to the child. One picks up from day care, one drops off. One feeds breakfast, the other packs lunch. Someone washes dishes while the other is helping with bath time. Of course, it works differently in every family, but, for the most part, responsibilities are shared without a whole lot of fuss. When things don’t work out between parents, things start to unravel. Usually, it unravels shockingly quickly. Whether you and your child’s father were married and are headed towards divorce, or never married and are just looking for a way to share the responsibilities related to your child (without, of course, coming in too much contact with each other), you’re going to need to establish some kind of agreement with respect to how custody and visitation will be handled. When you don’t have a custody order in place, trouble often begins to brew. In a lot of ways, it’s a mindset change. Instead of your child’s father providing assistance where the child is concerned, he has “visitation.” And visitation means that it’s his private time with the child; time you’re not invited to share. That’s a big change from before, when it was either a cute daddy/daughter “date” or just your night out with girlfriends. Not only that, but, before, when something fun was happening, everyone shared the fun together. Trip to the zoo? Mom AND dad could (and did) go together. Instead, once there’s a custody arrangement in place, “visitation” means something exclusive and different. And, of course, there’s the fear deep down in every woman’s heart that, somehow, she will “lose” custody, and dad will “win” custody. Whether it’s because she earns less money than dad, or because dad has some dirt that he’s just been waiting to spill, most moms harbor a deep, dark, scary feeling that somehow they’ll lose custody completely, and they’ll be the ones with “visitation.” Today, we’re going to talk a little bit more about custody orders, and how you establish one. Probably most importantly, we’re going to talk about WHY you should establish a custody order, even though many people are tempted to say, “it’s fine, we’ll just work it out.” Trust me, you want to get a custody order in place! What Is A Custody Order?When you’re dividing up custody, you can either do so in an agreement or a judge can do it for you in an order. If you’ve got an agreement, most of the time attorneys will have your agreement incorporated into an order, so it’s recognized and treated with the same intensity as an order from the court would be. A custody order describes how custody will be handled; whether you’ve got sole or joint legal custody, and whether physical custody is primary to one parent, shared, or split. Before you get too alarmed, let me tell you at the beginning: custody is rarely something that is either won or lost. Unless there is some kind of sexual, physical, emotional abuse or serious neglect, in almost every case, moms and dads share custody to some extent. In fact, it seems like the more parents fight over custody, the more likely they are to have shared physical custody awarded. You may view that as a loss in some ways, especially if you’d prefer to have primary physical custody awarded to you, but it’s not. At least, not really—it just means that the child’s father will have more time with the child. Judges seem to lean more towards shared custody these days, at least in contested cases, because they believe that having two parents around is in the best interests of the child. Before too long, if you’re involved in any kind of custody case or dispute, you’ll hear “best interests of the child.” It’s not just a buzz word; it’s a legal phrase. The statute in Virginia that deals with custody specifically lists ten factors that determine what, exactly, is in the best interests of children. These ten factors (which really are super-duper critical in custody cases) help give judges a sort of benchmark to determine whether an arrangement is or is not in a child’s best interests. In case you haven’t had a chance to check them out, here they are: How Do You Get A Custody Order In Place?A custody order can be established in a number of different ways, but, essentially, it’s a matter of either negotiation or litigation. If you negotiate, you ultimately reach a decision–in a signed writing–that describes how custody will be handled. If you litigate, the judge will decide, and will enter a binding order that you must follow. If your custody case is part of an underlying divorceIf you are getting divorced and also have custody issues to consider, you’ll either negotiate custody (through mediation, collaboration, or negotiation) or let a judge decide in court. Mediation, collaboration, and negotiation are different methods, but the ultimate goal is the same: a signed agreement. In mediation, you work with a trained mediator (who may or may not also be an attorney) to negotiate an agreement. You and your husband share a mediator, but the ultimate goal will be to get an agreement in place that divides everything (not just custody), so that you don’t have to let the judge handle it. In collaboration, you and your husband each hire collaboratively trained attorneys and a team of professionals, including divorce coaches for each of you, and shared financial and child custody experts, who will help you reach an agreement that takes everyone’s best interests into account. Negotiation can either be achieved on your own, without an attorney, or with an attorney. Usually, a first draft of an agreement is created, and then sent back and forth between the parties until a final agreement is achieved. If your divorce is litigated, you’ll take it all in front of a judge at your local circuit court. Of course, it is also possible to reach an agreement with respect to some issues, but litigate others; it really all depends on your case. In a litigated divorce, you would certainly want to hire an attorney (even though it’s possible to do it on your own, I can’t recommend it in good conscience) to represent you. If it’s Just CustodyIf your case is just a custody case (meaning that you’re not also getting a divorce), you have it a little bit easier. Like in the cases with an underlying divorce action, you have the option of mediation or negotiation, either with an attorney or on your own. (Collaboration, on the other hand, is a divorce-specific process.) Mediation and negotiation basically mean that you would go back and forth until you and your child’s father have an agreement that you’re willing to sign. Whether you share a mediator, hire your own attorneys, or negotiate on your own, the end goal (that signed agreement) is the goal. You can also litigate custody and visitation but, instead of the circuit court, your case would be decided (at least initially) in the juvenile and domestic relations court (or J&DR, as it is often called). Juvenile court is great for a lot of reasons, but primarily because What Are The Advantages To Negotiating It On Our Own?When you negotiate your own agreement, you have a lot more freedom to craft something that takes your particular situation and your specific child into account. A judge, on the other hand, briefly hears evidence and makes a ruling—but not necessarily in the amount of detail that a mother feels her case deserves. With an agreement, the sky is the limit; you can really agree to almost anything, and that kind of freedom is pretty priceless. With negotiation, you can come up with any kind of custody and visitation arrangement that works for you. Chances are, with a judge in charge, you’re going to end up with a more or less generic arrangement. It’s important to take the opportunity now to craft an agreement that will allow you and your child’s father to be effective co-parents, and prevent your having to return to court over and over again until your youngest turns 18. Can’t We Just Wing It? Do We Really Need A Custody Order?Custody orders are super important, because they keep everyone out of trouble. Factor number 6 is, “[t]he propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child,” and it has a lot to do with why you should get a custody order in place right away. The temptation is to say, “Oh, its fine, we’ll work it out,” and, in some cases, that can work. But it’s risky. Very risky. And in all but a very few cases, I’d say it’s best to just go ahead and get a custody order in place, as a matter of protection. Why? Well, because when you say, “we’ll just work it out,” what you’re really saying is, “when he asks me for time with the kids, I’ll be reasonable.” You’re thinking you’ll review things on a case by case basis. To be fair, you’re probably perfectly reasonable in your thinking, and you’re not going into this kind of an arrangement expecting to turn your child’s father down. But, in my experience, that’s what happens. Whether you’re reasonable about it, or whether you’re being a tad unreasonable (I’ve seen both types of scenarios play out), it doesn’t much matter—if your child’s father hears the word “no,” when he’s asking you to do something that he feels is reasonable, you’re asking for trouble. Here’s what will happen. He’ll take you to court, alleging that you’re unreasonably denying him access to the child. I’ve seen it happen time and time again. Courts don’t like that kind of accusation, and sometimes moms even lose custody over it. Best case scenario, the judge will order something with respect to custody and visitation. Worst case, you could even lose custody (and by lose, I mean that he could get primary physical custody, and you could be the parent with visitation). I said earlier that “losing” custody isn’t something that usually happens and, in most cases, it’s not. It’s certainly not the case that perfectly good parents are not allowed to see their kids at all; it’s also pretty rare that dad would take primary physical custody (over shared custody) in a litigated case. But it can happen, and, all too often, if it does happen, factor #6 is at the root of it. It’s not like you want to keep the kids from their dad. It’s just that, when there’s no order in place, the temptation is great to say, “Oh, no, well, this Saturday isn’t good for us.” It’s too easy to already have plans, or to wrap your mind around something happening one way, and then have a hard time adjusting to change plans. It’s also not good for kids, because they really do tend to thrive on routine, structure, and predictability. If you don’t have a custody order in place, are you violating a court order if you go get your child–or just hold on to him or her? No. So, technically, if you go pick up your child, or keep your child from his or her father, you’re not violating the law or any specific rules. If, though, a judge later finds that you’ve unreasonably denied visitation or withheld the child from his or her father, there may be legal consequences. (Another reason you’ll want to get one in place–and soon!) If you have a custody order in place, you don’t have to worry about giving your permission for certain things to take place; he has his time, and you have yours. There’s not nearly as much left up to your discretion, and it will be much more difficult for him to say that you’re disallowing things and keeping him from having access to the child. It is also generally helpful for everyone to have a plan, and to plan activities for the child within those specific, predetermined times. 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
Ascent Law LLC
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Can Non Biological Parents Get Child Custody Or Timesharing Can Things I Purchase For My Child Count Toward My Child Support? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-you-take-your-child-if-there-is-no-custody-order-in-place/ The temperatures are starting to drop and holiday cheer is starting to fill the air. As many people complete their Christmas shopping, some might be wondering, “can holiday gifts be counted towards child support?” Child support can be a complicated issue and it is normal for questions to be present. When there is no working agreement between ex-spouses or the individual provides money outside of the court judgment for child support, it is often taken as a gift rather than alternatives to spousal or child support payments. Before assuming the money is a gift, it is important to consider the matter carefully and consult with a lawyer. Mistakes in a DivorceThere are many mistakes one parent may make when divorcing or when no longer in the marriage when applied to the children from the relationship. If the father or mother provides the youth with money, gifts or other items that should take the place of child support payments, he or she may not receive credit for these items if they are not first cleared with the courts or the parent. An agreement to pay for other items rather than child support is another mistake if there is no prior arrangement or clearly defined plans in place. Insurance coverage, health and well-being or even providing supplies for school and other events are some items the parent may give that could take the place of child support. Gifts Considered by the CourtIt is important to first clear any possible outside payments, items or arrangements with the courts when the parents process the child support and other arrangements through a judge. The courts may consider anything outside of the usual child support payments as a gift no matter who they go to. This could include giving the ex-spouse money or other items. Giving the child toys, a trust or funds outside of the usual arrangements are often considered gifts by the court even if they are meant as part of the child support payments. The courts will not count them with child support if not first cleared through the judge involved in the case. Payments Outside the OrderGenerally, any payment in any form outside of the agreement is a type of gift. The ex-spouse may feel guilty, have an excess of income or want to provide for the child or former spouse after the divorce is complete. In these situations, unless there is an agreement in place or a special consideration, these monies are usually a gift. Any cash or direct deposit of funds to either the custodial parent or child are not necessarily part of the upkeep and basic care or needs of the child. Then, the payments that the individual gives outside of the court order for child support payments are a gift that has no connection to the support payments. Offers for Other ItemsSometimes, the ex-spouse or child will ask for or explain an additional expense that may require more money than the child support payments provide for with the youth. This could include summer camp, sports and extracurricular. In these situations, it is possible to apply the amounts to the traditional child support payments unless the courts do not recognize these arrangements. In some instances of these extra monies, it is up to the custodial parent to determine how to handle the funds. He or she may contact the court or an agent to give the noncustodial parent credit for the money or keep it and consider it a gift if the courts have no other stipulations. Alternative MethodsGenerally, the couple or ex-spouses will need to arrange and discuss alternative methods of child support other than cash or the specific amount. The mother or father may want to give the youth more or deposit additional amounts in an account or trust for a later use such as college or buying a home after reaching the age of majority. If both parties agree, the parent may provide these additional amounts or make arrangements through the courts or with legal documentation to ensure the gifts give credit to the individual as an alternative method of child support. The courts may have little to do with additional gifts or when the parent wants to seek alternative ways of caring for the child from the marriage. If the parents are in a friendly relationship past the divorce, extra or different child support is possible with less difficulty. What does child support cover?In Utah, child support payments must be used for things related to the living expenses of the child. This includes both basic necessities, like food, shelter, clothing, and medical expenses, as well as general living expenses such as daycare, travel and transportation, and school-related costs. Are Gifts and Loans Considered Income?In most situations, gifts are not considered income for the parent who receives them, unless they are provided on a regular basis by the non-custodial parent. Even though the law controls how monetary gifts are taken care of, the final verdict the judge gives are usually based on their regularity and the duration. This includes whether they were part of the income during the marriage, whether the sender can keep providing it, and if it is generated from an investment. If the gift is deemed an income by the court, it is usually added to child support payments. In this case, you can provide evidence that the payment is irregular and that you cannot guarantee regularity if there is any. In case you have to pay more for child support due to said gifts and cannot generate enough money to cover, the court may modify its order, according to your income change, once you make the request. However, your claim will be investigated to verify balances as well as your employment status. When it comes to loans, it depends. Net income for child support is defined by statute, meaning it is determined by calculating the income of the supporting parent from all sources and subtracting specific deductions, such as premiums from health insurance and taxes, among others. These deductions can also include expenditures that were made to repay debts for reasonable expenses for income generation or for medical expenses. In such cases, the court can reduce the net income, keeping the minimum child support amount that is due, and will enter an order for approved modifications once that payment period is completed. In either case, before you claim gifts or loans as income, you should first have an attorney go through them and evaluate your financial health. You may not be eligible for a reduction in child support payments – and if you are, your family attorney can help you come up with a good defense. The General Rule of Child Support and GiftsUnfortunately, for the parent who isn’t the custodian, there isn’t a path for holiday gifts to be counted as some sort of credit toward child support. Even if the gifts count as some sort of necessity, it isn’t going to come out of the regular payment plan. For example, if someone owes $100 per month in child support and they spend that much on gifts for their child, they still owe $100 for the month. There isn’t a path for holiday gifts to be counted toward child support payments. Giving Gifts if the Money is TightThe holidays can be an expensive time of the year, especially when there are people who are spending hundreds of dollars on Christmas presents. If the money is really tight, it is a good idea to pay the child support payment first. Then, if there isn’t much money left for Christmas, this is a reality of the situation. Remember that failing to make child support payments on time can result in wages being garnished, driver’s licenses being restricted, and other punishments. If there has been a change in income, it is a good idea to speak with a child support attorney. There might be pathways to a child support obligation reduction. Strategies Surrounding Gift-Giving and DivorceWhen divorced individuals are looking to provide gifts for their children, it is a good idea to coordinate for the benefit of the kids. This will reduce the tension and frustration surrounding the holiday season. Some of the strategies include: What Income Counts Toward Child Support in Utah?Child support is one of the most common issues addressed in Utah divorce and child custody cases. It’s really one of the more straightforward aspects of most cases. Child support is really a function of how many overnights a child spends with each parent every year, and the parents’ gross monthly incomes. As you can guess, gross monthly income is income before you take out taxes. That part’s easy. What’s not so easy is figuring out what money is included and what money is excluded. Utah Code, Section 78B-12-203(1) says gross monthly includes• prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from ‘non means-tested’ government programs. Essentially, any income from any source will count toward child support. Now, most of the time people don’t have royalties coming in, and they don’t have five properties paying them rent, or trust income from a rich deceased uncle. (If you do have these income sources, however, keep in mind they will be included in a child support calculation.) No, most people have jobs and earn all their money from those jobs. For normal job-workers, income that can be counted toward child support is limited to the equivalent of one full-time 40-hour job. If and only if during the time prior to the original support order, the parent normally and consistently worked more than 40 hours at the parent’s job, the court may consider this extra time as a pattern in calculating the parent’s ability to provide child support. So, one 40-our per week job is really the max. If you worked consistent overtime before the case began, the average overtime pay will be included. Likewise, if you received regular bonuses are part of your pay, those will probably be included as well. If you are self-employed or own your own business, gross monthly income is calculated by “subtracting necessary expenses required for self-employment or business operation from gross receipts. Only those expenses necessary to allow the business to operate at a reasonable level may be deducted from gross receipts.” Keep in mind, necessary expenses are different than tax deductions. For example, you can take a tax break on depreciation on your work car, thereby lowering your taxable income. However, depreciation is not necessary to keep most businesses operating at a reasonable level, so it will likely not be a deduction when calculating child support. Gross monthly income can also include imputed income — i.e., income someone should earn but doesn’t. Imputed income is most common when someone is capable of working a full-time job, but chooses not to. What it comes down to is you can’t screw your child out of money by choosing not to work. When you do that, you’re essentially stealing for your child, so the court will impute a wage and use that imputed wage to calculate child support. Yes, I know, I said child support was straightforward. Well, it’s pretty straightforward for the law. Honestly, how most child support calculations work is you take each parents’ gross monthly wage from their one job, plug it in the Utah child support calculator, and it provides the child support obligation for each parent. 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
Ascent Law LLC
The post Can Things I Purchase For My Child Count Toward My Child Support? first appeared on Ascent Law, LLC.
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Can I Write Off Alimony Payments On My Taxes? Can Non Biological Parents Get Child Custody Or Timesharing? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-things-i-purchase-for-my-child-count-toward-my-child-support/ In case the biological parent and the non-biological parent are on good terms, custody problems will not be an issue. However, what happens when the relationship between the biological and non-biological parents starts to deteriorate? Alternatively, what happens when both biological parents are absent, unfit or unwilling to take care of the child? In such cases, the child’s guardian will need legal standing to take proper care of their child’s education, health care and other needs. The non-biological parents likely wonder about their rights and options regarding custody. While non-biological parents may not have traditional parental rights that give them physical and legal custody of the child, they might be able to petition the court for equal custody. Can a Non-biological Parent Get Custody?A biological parent will almost always enjoy special rights to child custody over a non-biological one. Nevertheless, in certain situations, the court may grant the non-biological parent custody rights, even over the biological father or mother’s objections. Child custody court hearings that involve non-biological parents are usually complicated. The court may award a non-biological parent custody if: Situational AspectsFor example, consider that a woman marries a man who already has a child from a previous marriage and that child lives with them full time. The child will view his father’s wife as his stepmother. In case of a divorce, automatically, the kid’s custody will remain with the biological father. However, if the father cannot take care of the child for any reason in case of his disappearance, imprisonment, or death the court might grant the stepmother custody rights if the biological mother is unavailable for any reason. Keep in mind that the biological mother would be the next in line for her child’s custody, before the stepparent who wishes to provide a loving and caring home. Approval of Child CustodyThe biological parent must approve all arrangements that grant non-biological parent visitations or custody rights if they are available and suitable to make decisions. In these cases, all concerned groups can reach an agreement peacefully and suitably, with both parents agreeing and approving the set-up. Parents should always consider the child’s best interest and avoid arguments and drawn-out court battles. What Are the Custody Rights of a Non-biological Parent?In most cases, the court will give non-biological parents the same parental rights as those of biological parents. As long as the law recognizes a non-biological parent as the child’s mother or father, the court may grant them full legal and physical custody. This custody right enables the non-biological parent to decide the child’s education, healthcare and habitat. In addition to child custody rights, non-biological parents can also practice numerous other parental rights, such as: It is important to note that rights may vary between state statutes. How Can the Non-biological Father Be the Legal Parent?Non-biological fathers, including stepfathers, long-term partners and same-sex partners, develop a deep bond with their non-biological children. In some cases, a father might take time to discover that the child is not his own. Fortunately, most of the states offer non-biological parents visitation and parental rights. For the court to grant a non-biological father the status of a legal parent, he should offer proof of one of the following: Since the court considers non-biological fathers as legal parents under particular circumstances, it can grant them, in such a case, the same parental rights as biological fathers. The non-biological father rights will make him liable for making payments and adhering to child visitation schedules if a dispute arises over child custody or child support. This means that after the court considers the best interests of the child, it will allow the non-biological father to get custody orders or child support. In a state that grants parental rights, non-biological fathers need to demonstrate a solid relationship with the child. However, if the state does not grant parental rights, non-biological fathers would still qualify for visitation. Some states, like Utah, acknowledge that a child can have multiple legal parents. If the Father Isn’t on the Birth Certificate What Rights Does He Have?A father who is not named on the child’s birth certificate may still have various rights. For example, if they were appointed as the child’s guardian, legally adopted or fostered the child, or became a de facto parent, then they may have many of the same rights as a person who holds legal parental status. Other factors that can affect the types of parental rights a father has even if they are not listed on the child’s birth certificate include the emotional bond they have with the child, whether they helped to raise the child, how invested they are in the child’s life, and whether they make decisions on behalf of the child. If the father can prove any of the above, then they may have standard parental rights (e.g., visitation rights, legal custody, etc.). If they cannot prove some of the above factors, but wish to obtain parental rights, they can take a DNA test to challenge the paternity of the person listed on the child’s birth certificate. It should be noted, however, that courts assign greater weight to the name on a birth certificate than they do to the results of a DNA test. Fathers who cannot prove any of these scenarios may not have any rights over the child until they bring a successful challenge in court. Even then, a court may still rule that they have no rights to the child. Can a Non-Biological Father Be a De Facto Parent?A “de facto parent” typically refers to a person who is not biologically related to a child, but has provided for the child’s basic needs or regularly cares for that child. This can include an adult who interacts with the child on a daily basis or has developed a parental-like bond with the child. In other words, this person assumes the role and responsibilities of parenting a child when that child loses one or both their parents. Also, in some states, like Utah, the law may allow for a child to have more than two legal parents. Some examples of persons who may take on the role of a de facto parent include the child’s grandparents, close relatives, stepparents, and non-relatives who already have a bond with the child. Non-relatives are usually only chosen if a close relative cannot be located or if placing the child with them would be in the child’s best interests. Thus, if proven, a non-biological father may also fall under the categories of persons who can become a de facto parent. In order for a non-biological father to assume the role of a de facto parent, they must consistently demonstrate the following traits: At some point they lived with the child; They have a close relationship or emotional bond with the child; They accepted parental rights and responsibilities over the child; The amount of contact the de facto parent and child had in the past; and That the biological parent encouraged the de facto parent and child’s relationship. One final thing to keep in mind about de facto parents is that the rules and requirements may differ based on jurisdiction. Thus, although the factors listed above are common traits found among successful cases, this does not mean they will be available or will apply to every case. Can a Biological Father Terminate a Non-biological Father’s Parental Rights?It is challenging for a court to terminate parental rights, particularly in cases where the biological father shows no interest in raising the child in the first place. However, a biological father can file a paternity claim in family court and terminate the non-biological father’s parental rights. In case the court agrees to hear the case, it offers the biological father a chance to present his arguments and evidence (i.e., paternity or DNA test) that supports his request. Yet, the court does not terminate the non-biological parent’s rights just because a father can prove their paternity. For instance, the court may permit the non-biological father to preserve his parental status if the non-biological parent is a better parental figure than the actual father or if it would be against the best interests of the child. What if the Father Is Not a Legal Parent?Unfortunately, if the court does not consider the father as a child’s legal parent, the issue becomes more complex. With enough proof, some states might consider giving the non-biological father visitation and custody rights in this case. However, in other states, courts might not award the non-biological father any rights at all. Applying the Doctrine of Equitable EstoppelAccording to Webster’s New Collegiate Dictionary, the word estoppel means “a bar to alleging or denying a fact because of one’s own previous actions or words to the contrary.” Equitable Estoppel is used in the interest of fairness to prevent an injustice to someone who relied on something in good faith. This could be the non-biological father or mother who held him or herself out to the world as parent of the child. The most common situation in which the doctrine of Equitable Estoppel has been applied in custody and visitation matters, is when the mother attempts to state that the husband is not the father, even though the child was born during the marriage and both parents were having sexual relations with each other, at the time of conception. At the same time, both have held the child out to the world as the child of the husband and the husband has assumed all responsibilities of fatherhood. The doctrine would also be applied when the father seeks to end child support and paternity after he learns he is not the child’s biological father. The father, in this instance, would be estopped from asserting lack of paternity when he had never before disputed or questioned this fact. The doctrine has also been used in situations where the parents were never married, but the father has consented to paternity. If, on learning that he is not the biological father, he asserted lack of paternity for the sake of ending child support payments when clearly he had never before disputed or questioned that fact, he would be estopped by the court. Years ago, this doctrine was also applied to prevent a child from being bastardized and losing inheritance rights. Should I Seek an Attorney to Assist with a Child Custody or Parental Rights Case?As a parent, it is important that you understand the legal rights you have to raise and maintain custody of your child. Thus, if you need assistance with a child custody or parental rights issue, it may be in your best interest to speak to a local child custody lawyer immediately for further guidance. An experienced child custody lawyer can discuss the different types of parental rights you have under the law and can ensure that those rights are protected. Your lawyer can also help you navigate the various requirements and procedures for a child custody or a parental rights case, such as drafting legal documents to submit to the court, filing the necessary legal paperwork, corresponding with opposing counsel, and reaching a fair solution. Finally, if you believe that the other parent is unfit to raise your child and that you should retain full custody of your child, your lawyer can file an emergency protective order with the court to make sure that your child is safe. 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
Ascent Law LLC
The post Can Non-Biological Parents Get Child Custody Or Timesharing? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can I Request Alimony After Divorce Proceedings Are Complete? Can I Write Off Alimony Payments On My Taxes? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-non-biological-parents-get-child-custody-or-timesharing/ Spousal support is a court-ordered payment from one former spouse to the other. The award of spousal support does not depend on gender. Rather it depends on whether one spouse is less financially stable because the other spouse has been the primary earner in the family. Whether a person can get spousal support, or alimony, depends entirely on the state in which the person lives. Some states have what is called “spousal maintenance”, but that is generally based on the same principle as spousal support or alimony. As the number of stay-at-home fathers rises and women become primary breadwinners, men are increasingly awarded spousal support. States vary, but in a divorce judges typically consider the following when determining whether a spouse is eligible for spousal support: The above list is not exhaustive. Spousal support is awarded on a case-by-case basis. Whether one spouse gets an award of spousal support depends entirely on the facts involved. Usually an award of spousal support is not unlimited. The court may determine a length of time for the spouse who gets the support to get an education and become self-supporting. Usually spousal support ends if the spouse receiving it remarries. Or, it may end if the paying spouse dies, but not necessarily. If a spouse who receives spousal support is not able to become self-sufficient because of age or disability, support may continue from the estate or life insurance proceeds of the paying spouse. The continuation of spousal support may be addressed in the will of the paying spouse. How Do You Get Spousal Support?There are a few ways to get spousal support in the event of a divorce. The parties to the marriage can agree upon the award of spousal support before they get married in a prenuptial agreement. In this case, the prenuptial agreement is like a contract that the parties can enforce in court. Another way is for the divorcing parties to agree to an award of spousal support as part of a settlement agreement. Generally speaking, if an agreement is made, the parties can agree for one to receive spousal support on any terms they wish. Most of the time, however, the parties are not able to agree on the subject of spousal support, and in that case the decision will come directly from the judge presiding over the divorce case. Do Men Face a Gender Bias?The award of spousal support in divorce cases is based on such factors as those listed above and not on gender. A court’s analysis should be gender-blind; it involves weighing the factors without regard to the gender of the parties. The primary reason women receive spousal support more often than men is because women have traditionally been the spouses who stay at home to raise the children. Or they may also provide non-financial support that makes it possible for the husband to devote the majority of his time to advancing his career. If the roles are reversed and the male spouse has stayed home to care for the children or otherwise limited his career advancement in order to support his wife’s career, then the male spouse may be awarded spousal support. If I Have Custody of My Children, do I Automatically Get Spousal Support?Spousal support is not awarded on the basis of custody of the children. Spousal support is not automatically awarded to one spouse because that spouse has sole custody or primary custody. Spousal support is based entirely on the relative needs of the spouses and not on the terms of custody of the children. Child support is for the children and given to the spouse who has sole or primary custody. Spousal support is specifically for the spouse only. Understanding and Calculating Alimony in UtahIt’s no surprise that for most couples, a divorce can cause financial instability. To protect under- or unemployed spouses, the court may award alimony, which is a court-ordered payment from a higher-earning spouse to the other during the divorce process and often, for a period after. Qualifying for Alimony in UtahAlimony is gender-neutral in Utah, meaning either spouse can request support during the divorce process. When considering a request for alimony, the judge will evaluate the following factors to determine the type, amount, and duration of support: In addition to the above factors, the court can also consider a spouse’s fault (or marital misconduct) which caused the breakup of the marriage. In Utah, “fault” may include adultery, physical abuse or threats to the other spouse or children, or undermining the financial stability of the other spouse. It’s important to understand that the court can’t use alimony to punish a misbehaving spouse, so judges use fault in limited circumstances. Unlike child support in Utah, there is no formula for judges to use to calculate alimony in a divorce. Instead, judges’ base support amounts on the above factors and any other relevant circumstances in each case. If you and your spouse would like to maintain control over the alimony order, you can negotiate the terms in a settlement agreement and present it to the judge for approval. The Marital Standard of LivingThe purpose of alimony is for both spouses to maintain a lifestyle as close as possible to the marital standard of living. However, as a general rule in alimony evaluations, judges will look to the standard of living existing at the time of the couple’s separation. In other words, if you lived a lavish lifestyle for the first 5 years of your marriage but downsized and lived on a budget for the last 5, the court will use alimony to ensure you can maintain your current budget and lifestyle. Duration of AlimonySometimes judges will award temporary alimony while the divorce is pending. Orders of temporary support terminate when the judge finalizes the divorce. For all other alimony orders, the law prohibits the judge from ordering support for longer than the length of the marriage unless the court reviews the order before the termination date and finds extenuating circumstances that require support to continue. Terminating Alimony in UtahTypically, the judge will set an end date for alimony in the original order. However, if the supported spouse remarries or dies, alimony terminates automatically. It’s no surprise that life goes on after a divorce. But, if the supported spouse begins cohabiting (living with) a new partner, the paying spouse can request termination of alimony. Cohabitation may terminate alimony, but only if you report it to the court and ask for support to end within one year of discovering the cohabitation. Paying Alimony in UtahMost alimony payments in Utah are periodic (monthly) and due on the first of every month unless the court orders otherwise. Most judges include an income withholding order for alimony, which directs the paying spouse’s employer to withhold the payments from the employee’s paycheck and forward it directly to the court. If the paying spouse doesn’t have a steady job or is self-employed, the court may order lump-sum payments or payment through property transfer. Lump-sum payments are installments, either one or several over a short period of time. Once you make the final payment, your alimony obligation to your spouse ends. Property transfers are rare, but helpful in cases where one spouse doesn’t have a steady income but has a significant amount of property that will fulfill the support order. Modifying Alimony OrdersUnless the support order is non-modifiable, either spouse can request a review and modification (change) of an alimony award if there is a substantial and material change in circumstances after the divorce. For example, if a paying spouse is disabled due to an unforeseen health issue and can’t work, the court may adjust or terminate alimony to ensure that both spouses remain financially stable. If there’s a change in circumstances that makes it difficult for you to pay support, it is important to request a review as soon as possible, and in the meantime, you must continue to pay. Failure to pay support can result in serious consequences, such as contempt hearings, fines, bank seizures, and in the most severe cases, a jail sentence. If your spouse isn’t paying support as ordered, you can file a formal petition with the court asking for help enforcing the order. Taxes and AlimonyIf you finalized your divorce on or before December 31, 2020, you can deduct your alimony payments, and your spouse must report and pay taxes on the income. However, for divorces on or after January 1, 2021, changes to the tax law eliminate both the tax deduction benefit and reporting requirements for alimony. Divorcing couples should consider the tax ramifications for both spouses before finalizing the divorce. If you’re unsure how the new tax law impacts your bottom line, you should speak to an experienced tax and divorce attorney near you. If your marriage ended with you or your spouse slamming the door, and you earn more than your spouse, you will most likely be ordered to pay your spouse alimony in case of a divorce. How Does Alimony Work In Utah?If you want to avoid paying alimony, also known as spousal support, but it’s clear from your circumstances that you will be ordered to pay alimony, then there’s most likely no legally and equitably valid ways you can prevent having to pay alimony. That is because Utah laws are very strict when it comes to ordering alimony when one of the spouses has the ability to support himself or herself financially month to month and has some surplus money to share with his/her spouse. That, of course, if the other spouse can prove that he or she is unable to support himself/herself financially month to month. Despite this, payor spouses (the spouses ordered to pay alimony) still look for legal ways to avoid paying spousal support. And more often than not, their attempts to avoid being ordered to pay alimony to come up empty. This is especially true if the spouse by an experienced alimony attorney in Salt Lake City or elsewhere in Utah. Illegal And Legal Ways To Avoid Paying Alimony In UtahMore likely than not, a spouse may attempt to either falsely appear impoverished or even voluntarily impoverish himself or herself (by voluntarily quitting their job shortly before or after divorce) in order to avoid paying alimony. But such attempts to avoid paying spousal support are illegal in Utah and will not get you far. Still, there might be legal options available to avoid having to pay alimony to your spouse in Utah: 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
Ascent Law LLC
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Can I Relocate My Kids Out Of State During Divorce Proceedings? Can I Request Alimony After Divorce Proceedings Are Complete? Can I Write Off Alimony Payments On My Taxes? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-men-get-alimony/ Ah, taxes. As if a divorce isn’t bad enough on its own you also have to think about the tax implications of the decisions that are made within your case. It’s a situation where you are adding insult to injury. Regardless of how it makes you feel, the reality is that you signed up for the divorce and have to take on the responsibilities that come along with it. Even if the divorce wasn’t your idea, it is a train ride that you best take inside the train cars rather than outside. A favorite author of mine is fond of telling people: the only people who get hurt on a roller coaster are those who jump off. Meaning: if you are in for a bumpy experience (like divorce), you are better off staying the course and seeing the process through to the end. Divorce makes it easy to think of who owns what and who has given what property away to their spouse during negotiations. I should mention here that most divorces end up settling in mediation rather than go all the way to a trial. The media does a great job of convincing us that every divorce case is a knock-down, drag-out fight. In reality, 90% (if not more) of Texas divorces settle at various points before a trial. Either way, whether your case goes all the way to a trial or is settled in an earlier stage of your case, your divorce is going to be an emotional time for you and your family. Your decisions in the divorce will be impacted by your emotional state, just as by the facts and circumstances you are encountering. Federal lawmakers dramatically changed the tax treatment of alimony with the passage of tax reform laws in 2018. The previous rule had been that a person paying alimony was entitled to a federal income tax deduction. However, Congress got rid of the deduction, beginning for couples who divorce in 2019. Broadly speaking, the federal government now takes a bigger chunk of taxes from a divorced couple than it used to, which changes the alimony and tax dynamic. Some divorce lawyers believe that the change makes it more difficult to negotiate divorce agreements. The Alimony Tax Rule ChangeThe change went into effect on January 1, 2019. For divorces after this date, the alimony payer can’t take a federal income tax deduction for the payments. The alimony recipient doesn’t have to pay federal income taxes on them. The rule doesn’t apply to everybody. Former spouses are grandfathered into the old rule if they divorced or signed a separation agreement before January 1, 2019, and meet certain requirements. For qualifying divorces, the alimony payer can take a federal income tax deduction for as many years as the alimony payments continue. However, the payments are treated as income for the recipient spouse. What It Means for Alimony RecipientsThe new rule can have pluses and minuses for alimony recipients. The good news is that they no longer have to pay taxes on the spousal support payments they receive. However, it may be more difficult for an alimony recipient to negotiate an advantageous divorce settlement because the rule leaves the divorced couple with fewer dollars between them. In other words, there is less money to go around because having the deduction usually resulted in a net tax savings for the divorced couple. How does that work? Consider a spouse who pays $30,000 in alimony and whose income is taxed at 32%. A tax deduction would save this spouse almost $10,000 in taxes. Even if the other spouse had to pay income taxes on the alimony at 22%, the divorced couple would likely end up ahead. Are There Any Tax Benefit Alternatives?After Congress eliminated the alimony tax deduction, creative accountants have looked for loopholes. In some cases, it may be possible to reduce the effects of losing the alimony deduction by making spousal support payments from an individual retirement account (IRA).Alimony may be treated differently on your state tax return. Talk to a local attorney for any questions about how your state tax laws could treat alimony payments. Divorces Before 2019 Can Still QualifyIf you divorced before 2019, you may still be able to take tax deduction advantages. However, be cautious about modifying your spousal support agreement. You wouldn’t want to accidentally lose your alimony tax deduction benefit. Before making changes to a pre-2019 agreement, it is advisable to consult an attorney with expertise in tax matters. Even if you are grandfathered in, you won’t qualify for an alimony deduction unless you meet all the requirements mandated by the Internal Revenue Service (IRS), including: If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment. Dividing Property In A Divorce- One Way To Lay It All OutYour divorce is likely more complex than you give it credit for. Even “simple” divorces can end up being more complex than the participants would have imagined at the beginning of the case. As a result, it can be challenging to keep up with the property in play and the circumstances that need to be considered. First off, I would take out a piece of paper and make some columns to differentiate between the four issues that we need to be aware of during settlement negotiations related to property. In the first column, you need to list out any property in play- regardless of whether it is your separate property, your spouse’s separate property, or part of your community estate. After each piece of property, you should note which estate you believe the property falls into. Next, you can write the value of each piece of property as far as you believe. These are rough estimates, and that is fine. If you are nearing the end of a divorce, it may pay to work with your spouse to get formal appraisals or estimates regarding the more valuable pieces of property. Regardless, it would help if you had an estimate of these values for your reference. It is helpful in mediation to have an extra copy for your spouse to see from what basis you are operating as far as coming up with settlement proposals. Next up, speak to your attorney about what each piece of property could sell for on the open market. This is a different figure than what we just finished talking about. What an item is worth can be completely other than what it can sell for. Remember, a buyer isn’t so much concerned about an item’s worth as he is with its value. What would a willing buyer offer to purchase the property for on the open market? Finally, you need to come up with your proposed division of the community estate. Remember that a court cannot divide up any property that is a part of either your separate estate or that of your spouse. All community property is fair game for division. Do not go into settlement negotiations without having first considered how a division may occur. You can even create multiple sets of outcomes for yourself and yourself. The best result, following best development, worst-case scenario, etc. You may not have as much time to create these outcomes in mediation as you would have anticipated, so you and your attorney need to do this work ahead of time. What Does Property Mean In The Context Of A Divorce?Property is one of those words where we all have an idea of what it means but may not know exactly what it means in this context. Does it mean things that are inside your house? What about vehicles? Does money count as property, like in a bank account? Do you treat retirement savings the same way that you would regular savings in a bank account? Most of all, what about the family house? Could you and your spouse be forced to sell it? These are all perfectly logical questions to have at this point in your divorce. You would have very little reason to know the answer to any of those questions ahead of time since you haven’t planned your life around getting divorced- at least, I hope you haven’t. Let’s take a look and see what a family court in Texas would be considered when dividing up community property in your divorce. Your houses, any rental property that you own, vehicles, bank accounts, investments, pensions, retirement savings, and the list goes on and on as far as what will be in play when dividing up property in your divorce. As you can see, the property takes on many different forms in a divorce. It is not merely property that you can reach out and touch right now. Even a pension account that you don’t even know the actual value of counts as property in your divorce. As far as separate property is concerned, any property you owned before your marriage, the property you inherited before your marriage, or property you received as a gift during your wedding counts as separate property. These are the items that you could count as not being divisible by the judge. However, you need to be aware that all property that you and your spouse own at the time of divorce is presumed to be community property. As such, be mindful that if you and your spouse disagree on how you characterize property that it is up to you to prove with evidence that a particular piece of property is part of your separate estate. A Real-World Example Of The Breakdown Between Community And Separate PropertyAssume that you owned a house before when you and your husband got married 14 years ago. You kept the place in your name alone during your marriage and never titled it into your and your spouse’s names together. Mortgage payments were made on the house out of your jointly held bank account. Your husband also contributed his work and sweat towards making improvements to the home. As a result, the house’s value increased a fair amount during the fourteen years of your marriage. So, is that house your separate property, or did it become part of the community estate due to your husband’s work and the mortgage payments contributed by your dual incomes? As with most things related to divorce, it gets a little complicated. We can say with confidence that your separate property share of the home is the value of the house on the date that you and your husband got married, minus whatever you owed on the mortgage at that time. It’s unlikely that you had an accurate appraisal of the home back in 2006, but you can come up with a decent estimate to submit into evidence if need be. Your husband could, of course, do the same, and a judge would need to select what he thinks to be the more accurate assessment of value. Next, you need to consider that the mortgage payments have increased the equity in the home for you. As the mortgage was paid down, the equity in the property also increased, assuming that the value at least held steady and didn’t decrease faster than the mortgage was being paid off. Keep in mind that since those mortgage payments were jointly held income, the increase in equity would have to be community property. What about your husband’s work at home? If they remodeled a few rooms, updated the plumbing and electrical work, and landscaped the backyard, those efforts would likely place any increased equity in the column of community property. All other increases in the home’s value would probably be considered separate property since they would have occurred regardless of whether or not your husband had married you fourteen years ago. The result of this discussion is that the house which had formerly been your separate property 100% on the day of your marriage slowly became part individual property and part community property. Many spouses bypass this discussion and determine that the house is all your particular property. Your husband would have a right of reimbursement for the contributions he made to the increase in equity/decrease in the mortgage balance during your 14-year marriage. Lump-Sum Payments Made In A Divorce: Taxable Or Not?Lump-sum payments of property made in a divorce are typically taxable. Let’s give this discussion some context. Before January 1, 2018, fees of contractual alimony or spousal maintenance in Texas could be deducted by the spouse who makes the costs after a divorce has been finalized. Likewise, the charges were taxable income for the spouse who receives the payments. A recent change to the tax code did away with that, however. Now those payments are no longer deductible. That means that if you are the spouse who is made to pay spousal maintenance or agrees to make contractual alimony payments, you will be on the hook for paying the tax just as if it were ordinary income. Divorce just got a whole lot more expensive, possibly. Lump-sum property payments have always been taxable, however. They never got the favorable tax treatment that alimony/spousal maintenance payments once did. If you agree to pay or receive a lump sum of property in the divorce rather than a smaller monthly payment structure, you will have to pay taxes on that payment. Of course, check with a financial planner, accountant, or another tax professional on this before you make any decisions moving forward. Taxes, like the law, can be a complicated subject. It is best to receive personalized advice about your circumstances rather than rely on generalized information intended for a broad audience. Tax Treatment of Alimony and Separate MaintenanceAmounts paid to a spouse or a former spouse under a divorce or separation instrument (including a divorce decree, a separate maintenance decree, or a written separation agreement) may be alimony or separate maintenance payments for federal tax purposes. Certain alimony or separate maintenance payments are deductible by the payer spouse, and the recipient spouse must include it in income (taxable alimony or separate maintenance). Note: You can’t deduct alimony or separate maintenance payments made under a divorce or separation agreement executed after 2018, or executed before 2019 but later modified if the modification expressly states the repeal of the deduction for alimony payments applies to the modification. Alimony and separate maintenance payments you receive under such an agreement are not included in your gross income. Alimony or Separate Maintenance – In GeneralA payment is alimony or separate maintenance if all the following requirements are met: The spouses aren’t members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.); There’s no liability to make the payment (in cash or property) after the death of the recipient spouse; and The payment isn’t treated as child support or a property settlement. 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
Ascent Law LLC
The post Can I Write Off Alimony Payments On My Taxes? first appeared on Ascent Law, LLC.
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Can I Pick Who Adopts My Child? Can I Relocate My Kids Out Of State During Divorce Proceedings? Can I Request Alimony After Divorce Proceedings Are Complete? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-i-write-off-alimony-payments-on-my-taxes/ |
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