Domestic ViolenceDomestic violence used to be a secret to be “kept in the family” or swept under the rug. But it’s now more prevalent in news and media than ever before. As a result, a lot of people are thinking about what constitutes domestic violence. Why do people stay in abusive relationships? How can family and friends help a loved one leave an abusive partner? Domestic Violence, Legally DefinedDomestic abuse is a top public health concern. Homicide by an intimate partner is one of the leading pregnancy-associated causes of death, according to research. And yet many people do not understand the scope of abusive behavior. Early in their intimate relationship, victims may not realize they are experiencing domestic violence. They fail to take action and then it escalates. The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.” The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity. Most people think of domestic abuse as battering or assault, but there are several types of abuse: Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care. Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence. Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim. Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD). Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live. Punishing Domestic ViolenceWhile law enforcement once turned a blind eye to intimate partner violence, state laws now require an arrest and mandate penalties. Restraining orders are easier to get, at least initially. And federal and state laws are in place to prevent abusers from owning guns. Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries. Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred. Preventing Domestic ViolenceDomestic abuse nonprofits and governmental agencies exist in every state. They provide information and training on how to identify the warning signs of abuse. They provide practical resources to help survivors of domestic violence create a safety plan to exit dangerous relationships. They provide referrals for safe places to shelter and offer victim hotlines in a variety of languages. And they undertake legal advocacy. Help is a phone call away. But as many victims know, that phone call and those first steps can be extremely dangerous. Their lives are often at stake. If the U.S. wants to end the scourge of family violence, it needs to provide human services resources and physical and financial support to help victims break free once and for all. Stopping Domestic ViolenceThere are a number of ways victims and other witnesses can stop domestic violence, which is defined as a violent act committed by one family or household member against another. For example, an abused spouse may petition a judge to issue an “ex parte” (or restraining) order against the abuser. In any event, victims should understand that they have options to living in an abusive household. We can all take steps to stop domestic violence. If you or a loved one are trying to leave an abusive relationship, it’s important to remember that it’s the abuser who needs to change. However, your abuser may be unable or unwilling change and you should never have to endure abuse from anyone. Your number one priority should be safety for you and your loved ones. Thinking of leaving an abusive relationship. Where to start?First, plan for your safety. Contact the National Domestic Violence Hotline at 1-800-799-7233 or your local domestic violence outreach organization to learn more about how to create a safety plan or to discuss how to approach a friend about your concerns for his or her relationship. In addition, you or your loved one may want to attend a domestic violence support group. Not feeling safe at home. Where to go?If you need to immediately leave a home you share with your abuser, you can call a local domestic violence agency. They can give you information about how to enter the local domestic violence shelter or confidential motel voucher program. Shelters are frequently full and you may have to leave your area to find a safe, confidential shelter. If your abuser has not been trying to find you or is highly unlikely to try to find you, you may consider leaving to a regular, homeless women’s shelter. Left the abuser. What can you do to stop him or her from coming after you?A great legal option that can help to stop domestic violence is a protection order, which is a court order that says your abuser cannot come within a certain number of feet of you, your home, your car, your work, or your school. This doesn’t prevent an abuser from stalking or attacking you, but it does allow you to call the police for assistance if he or she violates the order. How can you stop domestic violence? What can you do?The best answer to the question of how to stop domestic violence, and the only way to permanently do so, is to end the cycles of control and abuse in relationships. This involves teaching children to respect their romantic partners by demonstrating respectful, healthy relationships with our spouses and partners. We can also take more concrete steps in our daily lives to help achieve that goal, including: Filing a Domestic Violence LawsuitMost acts of domestic violence result not only in criminal liability, but also civil liability for the perpetrator. This means that if you’re a victim of domestic violence, it’s possible to sue your abuser in civil court for your injuries under tort law. Tort law provides civil legal remedies for people who are injured in some way by another, usually in the form of financial damages or injunctive relief (the court ordering someone to do or not do certain acts). Criminal Proceedings Do Not Bar a Victim from Suing in Civil CourtA common misconception is that once a person has been tried for something in criminal court, he or she cannot be tried in civil court for that same claim. This isn’t true. Take the Goldman v. Simpson case, for example. O.J. Simpson was acquitted in criminal court for the murder of Ron Goldman, but Goldman’s parents sued Simpson for money damages in civil court and prevailed. Just because your abuser has been tried in criminal court or you have obtained a restraining order against him or her does not mean you cannot sue your abuser in civil court. The concept of double jeopardy does not apply to civil cases, but only when there are multiple criminal prosecutions for the same crime. Suing a Family MemberTraditionally, courts would not allow family members to sue each other for torts. This law was based on concerns about breaking down the family unit. Today, most state courts have moved away from this, reasoning that if family members have torts claims against each other, the family unit is probably already broken down, and those injured parties should have their day in court. As it stands, Louisiana is the only state in the U.S. that still bars spouses from suing each other, except in certain circumstances. However, spouses can generally sue each other for intentional torts. An intentional tort refers to a deliberate action that causes harm to another person. Since many forms of domestic violence constitute intentional torts, such as battery, assault, and psychological abuse, these acts could constitute claims for a lawsuit even in a jurisdiction that would normally bar suits between family members. Another tort claim, the intentional infliction of emotional distress, may also be available if the abuser was stalking, threatening, or destroying property. Things to Consider Before Filing a Domestic Violence LawsuitOften, victims of domestic violence have been robbed of their sense of control and of their emotional outlet. Suing your abuser can give them a sense of control and emotional relief. The types of damages potentially available to domestic violence victims include: Keep in mind that a great deal of stress is involved in any lawsuit. Lawsuits involving family members can be even more stressful because of the strain placed on family ties. It is often hard enough for victims to even make a police report or file for a restraining order against their abusers. Taking the abuser to court may be just as difficult. However, once victims realize their position, they may be ready to fight back. The act of taking their abuser to court may act as a form of closure for victims—a way to leave the past behind and start fresh. Litigation can be very expensive. However, courts can force the abuser to pay your fees. Although unusual in these types of cases, attorneys sometimes work on a contingency basis in lawsuits involving money damages. If an attorney agrees to represent you under this fee arrangement, you won’t pay unless you win the case. To put it bluntly, when considering whether to file a domestic violence lawsuit, it matters whether your abuser has money or assets available to pay damages. Orders of Protection and Restraining OrdersSurvivors of domestic violence have several civil and criminal protection or restraining order options to protect themselves from further abuse. Although these orders won’t necessarily stop an abuser from stalking or hurting a victim, they permit the victim to call the police and have the abuser arrested if the order is violated. Emergency Protection OrdersIn many states, when the police encounter a domestic violence situation, one of the two parties involved in the dispute is required (or requested) to leave the home. Often, this person is the abuser, although the police can be mistaken about who the aggressor is. In about one-third of states, police officers are also authorized or required to remove guns when they arrive at the scene of a domestic violence incident. In some states, the police can give the victim an Emergency Protection Order (EPO), which is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence. An EPO is generally for limited period, such as three or seven days, which allows the victim time to request a longer-term protection order. Protection OrdersAll 50 states and the District of Columbia have statutes for some form of protection order. However, states call this protection order different things. For example, Illinois, New York and Texas call them protection orders or orders of protection, whereas California calls the same thing a restraining order, and Florida calls it an injunction for protection against domestic violence, it is simply known as a Protection Order in Utah. A protection order is different from an EPO because it’s longer term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order if the victim still feels threatened by his or her abuser. A protection order may include many different provisions, including: No Contact Provision: Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim. Peaceful Contact Provision: Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child. Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet. Move Out Provision: Requiring the abuser to move out of a home shared with the victim. Firearms Provision: Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm. Counseling Provision: Ordering the abuser to attend counseling, such as batterer’s intervention or anger management. Protection orders may include children, other family members, roommates, or current romantic partners of the victim. This means the same no contact and stay away rules apply to the other listed individuals, even if the direct harm was to the victim. Some states even allow pets to be protected by the same order, as abusers may harm pets to torment their victims. Some states include as part of the protection order visitation and custody for children of the victim and abuser. These are generally temporary and can be modified by divorce or other future family court orders. In order to obtain a protection order, you need to file the required legal papers with your local court, and follow your state law to present evidence at your hearing and to serve your abuser. The police can sometimes serve the papers for you. Restraining OrdersA restraining order is an order requiring parties to a lawsuit to do or not do certain things. It may be part of a family law case, such as a divorce, or other civil case. Although this isn’t the same as a “domestic violence restraining order,” which is summarized above, domestic violence can be a factor in the underlying family law case. Restraining orders may be requested “ex parte” meaning that one party asks the court to do something without telling the other party. If the restraining order is granted ex parte, then the other party is later permitted a hearing to present his or her side of the story. This is often the process for protection orders as well. Since restraining orders also vary by state, it’s important to consult with an attorney familiar with the law where you live. If a criminal case is pending, the district attorney may request or the judge may order a protection order for the victim of the crime. Violation of Protection OrdersViolation of a protection order can be treated in one of three ways: as a felony, misdemeanor, or contempt of court. Felony charges are typically reserved for either repeat or serious violations. Sometimes violations are considered both contempt of court and a new domestic violence charge. In many states, police policy is to arrest violators of these orders automatically. Enforcing Orders of Protection in Different StatesDomestic violence survivors may move as part of a plan to keep them safe from a former abuser. The Full Faith & Credit Clause of the Constitution and federal law require valid protection orders to be enforced where it’s issued and in all other U.S. states and territories as well. Therefore, if an abuser stalks a victim in his or her new state of residency, the police must uphold the protection order from another state. 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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Who is a probate attorney?Jimi Hendrix, the legendary guitarist, died without a will in 1970, leaving behind an estate that’s currently valued at more than $160 million. And now, more than five decades later, the bitter battle over its control rages on. This is a prime example of what could go wrong when people die intestate – or without a will. It leaves your loved ones vulnerable, and more often than not, you’ll have all sorts of people coming out of the woodwork to claim a stake. You don’t have to be a wealthy celebrity to have a will. If you have any assets that matter a great deal to you, it’s always better to decide while you’re still alive who should get them. If you don’t, then a probate lawyer would have to step in after your death to help your surviving beneficiaries get their share of your estate. So, what is a probate lawyer, and what can they do for you? Here’s everything you need to know. What does probate mean?Probate is a legal term that refers to the process of proving a will. It means making sure that the deceased’s estate is distributed fairly among the rightful heirs, whether or not there was a will left behind. However, probate for bigger estates can take several years, especially when individuals with legitimate claims to the property and assets file petitions in court to contest the will. So, as you can expect, this could end up dragging out the process even longer. What does a probate lawyer do?Probate lawyers wear many hats. The exact role they play in a probate process ultimately depends on whether or not the decedent had drafted a will before their death. Here’s what a probate lawyer does in both instances. The role of a probate attorney when there’s a willIf an individual dies testate or with a legal will, the concerned parties may retain a probate lawyer in an advisory role to offer guidance to the concerned parties. These include the beneficiaries or the estate executor. For instance, the attorney may inspect the will to check that it wasn’t created under duress or in a way that would contravene the interests and wishes of the person. This is particularly important if the decedent was elderly and suffered from dementia. The role of a probate attorney when there’s no willIf an individual dies intestate, the decedent’s estate is distributed among the rightful beneficiaries according to the intestacy laws in the state where the property is located. Although these laws vary widely, in most states, the surviving spouse receives all the property. In such instances, a probate attorney may be hired to help the estate administrator – who plays a similar role to the executor – in the distribution of the assets according to the state laws. Keep in mind that regardless of what the deceased’s wishes were or the needs of the family members, the probate lawyer can only act within the confines of the state’s intestacy laws. If one of the deceased’s relatives wants to become the estate’s administrator, the probate lawyer can help file renunciations with the probate court from all the other relatives. A renunciation is a legal statement from all the other beneficiaries renouncing their right to administer the decedent’s estate. Other roles of a probate lawyerAside from that, a probate attorney also helps the administrator/executor to: Keep in mind that wills and estate planning generally fall within the same area of law. However, there’s a distinct difference between a probate attorney and an estate planning lawyer. The former works with living clients on how their estates should be administered when they die, while the latter deals with the estate administration process after the individual dies. So, what percentage does a lawyer get for settling an estate? The answer to this varies widely and will likely depend on the complexity involved in the probate process. One lawyer may charge you a flat fee while another may prefer to bill you by the hour. However, most charge a percentage of the estate’s value. This could be anywhere between 10 and 40 percent of the settlement amount. When does an estate have to be probated?Contrary to what you might believe, not every estate has to go through the probate process. It is only required when there are no other means through which the decedent’s property can be transferred to the estate heirs. If the individual had taken steps to distribute the assets before death, the estate doesn’t need to be probated. For instance, life insurance policies and retirement accounts usually have a designated beneficiary. These go directly to them on the death of the principal, subsequently by-passing the probate process. The same goes for bank accounts with a TOD (transfer on death) or POD (payable on death) beneficiary designation and jointly owned assets with survivorship rights. In the latter, the surviving owner automatically inherits the deceased’s share of the property or asset. In case you’re wondering how to avoid probate, here are three easy steps you can take: Things to do before you hire a probate lawyerFuneral expenses. Sorting through personal possessions. Emotional healing. Life after the death of a loved one comes with a certain set of challenges. But haggling over property or money shouldn’t be one of them. According to Forbes, over $30 trillion will be inherited in the next 30 years. And given the money-motivated culture we live in, its no wonder children and grandchildren all have their hands out — waiting for a piece of the estate pie. Hiring a probate attorney can help avoid many of the issues associated with probating a will. It also gives ailing family members a sense of peace in their final days. Here are the things to do when hiring a probate attorney and how it might help salvage family ties. Choose An Estate Planning And Probate Attorney Based On Your SituationNo two wills or estates are exactly the same. Everyone’s wishes are different. And everyone places value on different things. Some people leave property, money, and other valuables to family and friends. While others have more specific requests. Depending on your age, you may need to choose legal guardians for your children in your will. Find an estate planning and probate attorney that specializes in your type of estate planning. Some lawyers are highly skilled in handling large sums of money or real estate. If you own a family home or business, this type of estate planning and probate lawyer is best. Many people make the mistake of hiring an attorney who does estate planning and probate “on the side”. Avoid this whenever possible. After all, you wouldn’t hire a dentist who performs cosmetic surgery on the weekends. And you shouldn’t hire an attorney who just dabbles in estate planning. Find a probate attorney experienced in your type of circumstance. Are They Sympathetic To Your Needs?Like any other business, an estate planning and probate attorney is providing a service that you’re paying for. But probating a will is about more than just the money side of things. Find an attorney who is sympathetic, available, and compassionate. If you’re dealing with a probate attorney, it means you’re also dealing with the loss of a loved one. Emotions are running high. You need a probate attorney who can patiently answer your countless questions without annoyance. Signs that your probate lawyer may not be the best-fit include: Use your gut instinct when choosing an estate probate attorney. While getting through the probate process should be swift and smooth, it shouldn’t be rushed. Don’t be afraid to interview several lawyers before making a final decision. Collect All Necessary PaperworkThe probate process doesn’t fall squarely on the shoulders of the attorney. You need to bring important and necessary information to the table. The more organized and prepared you are, the smoother the process will go. This holds true for both before and after the probate process. If you’ve been named the executor of the will and are entering the probate process, bring these documents to your first meeting: Copies of the death certificate You may not have all of this information readily available for your first meeting, and that’s okay. But the more information you can collect, the fewer questions your probate lawyer will have. Be Realistic About Potential Family ResistanceFamily drama is all too common during the probate process. Even the most detailed wills are questioned and picked apart based on greed or entitlement. Do you have a strained relationship with your siblings? Did your loved one leave all of their most valued possessions to a single family member? If you sense there’s trouble ahead when it comes to carrying out your loved one’s wishes, you’re probably right. Sharing this information with the probate attorney is essential. While you can’t prevent family members from contesting the will, knowing you may meet resistance can help both you and the probate lawyer prepare. You can collect additional documents that support what’s already outlined in the will. The executor of the will (if it’s you) is responsible for distributing property, money, and assets according to the wishes of the deceased. But they’re also responsible for paying off any debts and creditors of the deceased. This can be a stressful position. Being named as the executor means the deceased trusted you with carrying out their final wishes. But don’t be surprised if this puts you in a compromising position with other family members. Understand What Probate Is And If You Can Avoid ItMost people believe that probate is inevitable following the death of a loved one. But this isn’t always the case. Probate is the legal distribution and transfer of assets following someone’s death. And is often used when a person owns property or real estate only listed in their name. Even if their will leaves the property to a family member, legal steps are required to carry out this inheritance. Probate is common when handling large, complex estates that include property, large sums of money, or multiple assets. If your loved one created a simple will leaving mostly possessions to family and friends, probate may not be necessary. Avoiding probate means the following: Hiring a probate attorney can help ease your mind during this difficult time. Finding the right lawyer means the difference between easy probate and a long, drawn-out process. If you’re sold on the idea of hiring a probate attorney to help you through the Will or probate process, but you’re not sure how to go about hiring the best attorney these are some great tips to follow when hiring a probate lawyer that will ensure that you find the best probate lawyer for you. Ask the right questions. Once you have a few free consultations set up, you want to ask the right questions during these consultations, to make sure that you fully understand the attorney’s qualifications. Ask questions such as: Do you have any client testimonials? What would you do in certain situation? What do you charge? Check out the reputation. Client testimonials are great ways to get a feel for customer satisfaction, but they’re not the only way. Sometimes, lawyers will only show you the best reviews that they get, not necessarily the reviews that give the most accurate picture of customer satisfaction. For this reason, you should consider asking friends or coworkers for suggestions of probate lawyers that they have used in the past. This feedback will probably be honest and it will come from people that you can trust. Finding the right probate lawyer can be a difficult process, but it doesn’t have to be! If you follow these tips, you will be able to find the right lawyer 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
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If I Adopt My Wife’s Child Will Wee Still Get Child Support? How Do I Collect Child Support From An Out Of State Non Custodial Parent? Questions To Ask A Probate Lawyer Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/estate-probate-attorney/ A good probate lawyer is a resource for executors. They can guide you through the process step by step and give you documents that you can sign. In addition to assisting with the estate’s administration, a probate lawyer can assist you in paying your debts. If your loved one didn’t have any savings or investments, your probate lawyer can help you sell the assets to pay off the outstanding debts. In addition to assisting you with the administration of the estate, a probate lawyer can also prepare income tax returns and determine the inheritance taxes for your loved one. In addition to handling the estate’s checking account, a probate lawyer can collect the proceeds of a life insurance policy. Probate lawyers are also able to help you with other estate-related matters. The probate process can take years to complete, so you may want to hire a lawyer who has years of experience. This is especially true for larger estates with large assets. However, this is an additional cost you can avoid if you have the money to pay a probate attorney. It is not recommended that you hire a lawyer for every small matter, but it is a good idea to make sure that you’re getting the right help to avoid any unforeseen delays. Probate lawyers are an essential part of any estate administration. Not only do they help you prepare a will, but they also handle all the legal proceedings. They will make sure that the deceased person’s wishes are followed and their heirs are properly compensated. This is why a probate lawyer can be a great asset. A probate lawyer can help you with many types of estates, and they can help you with any kind of probate case. While hiring a probate attorney can be expensive, it’s well worth the expense. It can be difficult to know whether or not to hire a lawyer who only charges a nominal fee. A probate attorney can help you to avoid the additional costs of a lawyer and the time. There are also several benefits of hiring a probate attorney. You will have the ability to get an efficient and inexpensive probate service. Most attorneys specialize in this area. A probate attorney can handle a variety of tasks, including paying debts and preparing income tax returns. A probate attorney can also help you determine the applicable estate taxes and pay them on your behalf. Finally, a pro will make sure that the executors follow all the instructions of the will. If the executors are not willing to do so, a probate attorney can be a great asset to the estate. Intestate individuals will often leave a will that isn’t valid. A probate attorney can examine this will to ensure that the will was created under duress or was in the best interests of the decedent. A probate attorney can also check the will to make sure that the decedent’s wishes were carried out. A probate attorney may even help the executors of an estate if the surviving spouse is unable to perform the task. The probate attorney will help you transfer assets to beneficiaries. Using a probate attorney will ensure that the assets are distributed according to the will. A probate lawyer will be able to handle the details of the will and state laws. They will also help you close the probate if a will contest is filed. In addition to ensuring that the will is valid, a probate attorney will also help you deal with creditors and contesting it. Nobody wants to call a probate lawyer. People only call when they are dealing with the loss of a family member and need help through the process. In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen. But how do you choose the right probate attorney? Probating an estate is a process governed by many legal and family-level processes. When hiring a probate lawyer, there is no science or art apart from asking the right questions. In cases in which probate is required, the executor of the estate or the next of kin cannot take the actions necessary to administer the estate without the authority granted by the probate court. Probate is a complicated process that requires executors to prepare forms, meet deadlines, keep records, generate reports, submit filings to the court, and serve notices to creditors, heirs and local newspapers. A Probate Attorney Will Prevent Personal Liability For Your Actions As ExecutorPersonal liability can arise in a probate situation if the executor makes an error in marshaling assets, generating reports, paying creditors and heirs in the wrong order or the wrong amounts, failing to obtain court authority before taking certain actions, or failing to give notice to the proper individuals in the proper manner. The Probate Process Will Be Completed More quickly With An AttorneyThe process can be extended by as much as several years if the executor does not prepare each form correctly the first time and give proper notice to all necessary parties, obtain the necessary signatures of heirs and interested creditors, and file the appropriate documents before each deadline passes. A Probate Attorney Will Save Time For The ExecutorEven if you hire an attorney, much of your valuable time will be dedicated to gathering and liquidating the estate’s assets, keeping records, paying bills, and making lists of creditors. Having to learn the law and local court procedure and generate inventories, accounting, and reports in a form that will be accepted by the court may make an already difficult task insurmountable. A Probate Attorney Will Minimize The Potential For DisputesPotential for expensive and time consuming probate litigation is significantly diminished if the probate estate in question is handled effectively, quickly, and efficiently by a professional. If the estate is being handled in an unprofessional manner, creditors and heirs are more likely to be involved. Hiring A Probate Attorney Will Minimize Stress On The FamilyThe net effect of speeding up the probate process, reducing the amount of time that the executor must personally dedicate to the case, and heading off any disputes in a professional manner is to minimize the amount of stress that the family of the deceased must deal with at a time when emotions are already high. Families can be torn apart when money enters the equation. If the executor is seen as acting in his or her own best interest at the expense of the heirs, Hiring an attorney will place a third party between the executor and the heirs and will allow the executor to focus on spending time and energy on his or her family. I believe that there are essential questions to ask an attorney before hiring them to represent you: What is the focus area of your practice?Whether you are the decedent’s heir, beneficiary, or executor, you need to work with a probate attorney with real experience and expertise in the field. Specialty in estate planning and probate handling is a strong suit that’ll help streamline the process. What is the job as a probate attorney? Estate management and distribution, Have you executed a will before?An estate planning attorney may yet have zero experience in will execution. Ensure to get a positive answer before signing them on. My loved one died without a will. Do I need a probate case?Probate happens whether or not there is a will. The work of the probate lawyer will be a little different in each case. Takeaway: How do you charge for your services?Attorneys don’t list fees on their sites, so seek clarity before on this matter before you hire. Sometimes they use standard fees or hourly rates. Get the answers in advance to avoid unexpected expenses and nasty surprises after the probate process. How long does probate take?The answer to this depends on the size of the estate. Smaller estates can take a few months, while larger estates can take up to a year or more to probate. As one of the questions to ask an attorney, this probe helps weigh their field expertise. What can I expect during probate?Assuming you have no legal background, you’ll depend on the attorney to be transparent and proactively communicate through the process. This question helps to evaluate whether they are committed to transparency. What are the duties of an executor?If you are an executor named by the decedent or appointed yourself as so in a situation of intestacy, the probate attorney should help you understand your functions. They should help you manage assets, pay taxes and debts, and distribute funds to heirs and beneficiaries. How do we handle creditors?Another question that might help this meeting is how to deal with outstanding debts or financial obligations. When executing a will or intestacy requirements, all estate creditors are entitled to reimbursement from the estate’s proceeds. Your probate lawyer should draw up a plan for attaining liquidity and paying creditors. What do I do if someone is mishandling the assets?Soon after a donor’s death, beneficiaries, heirs, or even executors can mismanage the estate. A probate attorney should provide legal assistance to stop, remove these persons, or get compensation for the wasted finances. Do you have expertise in estate planning?If the deceased left a pour-over Will, it means that the assets mentioned be put in a trust. A probate attorney with estate planning or trust administration skills can be of great assistance. When planning your estate, it’s important to remember that not all assets go through probate when you die. An estate planning attorney can help to create a will and plan your estate with strategies such as joint tenancy and trusts. How do I reduce probate costs?Probate cost reduction strategies should be top among the questions to ask a probate lawyer. If they know their job and are experienced in it, they should develop testator strategies such as paying debts and funeral planning. How do you avoid probate disputes?As a will executor or self-appointed estate executor, your job will not necessarily be a smooth sail. You may come face to face with angry beneficiaries and family members. A probate lawyer should be a fair arbitrator. Which court handles probate? How do I start the process?The sooner you start and get done with the process, the better. The process begins when you file a petition in the county where the deceased last lived. Finding the best probate lawyer makes the process much less stressful. What do I do if challenges arise during the probate process?Because probate cases involve the division of family finances, problems sometimes arise with this process. There may be allegations of undue influence or coercion that should be resolved before the final distribution. Creditors can make claims that the executor does not believe he or she is eligible. Measurement problems may arise. Your attorney can review the legal issues surrounding your case and provide you with legal advice. How can you be of assistance to a will executor?A probate lawyer should work with executors throughout the process. He/she submit the will for probate, make filings for court proceedings, issue notices to heirs, beneficiaries, relatives, and creditors as stipulated by the law, and help executor in Inventorying probate assets. How do I deal with insurance?Your lawyer should help you claim if your deceased loved one had a life insurance plan. Sometimes the proceeds are paid directly to beneficiaries, but other times, they are paid to the estate probated. How can a probate lawyer help the family?A probate lawyer can help to dispute a will if you suspect its authenticity. They can help, via the courts, remove a will executor who is biased or mismanages the estate. Have you handled a case like mine, and what did you experience?Sometimes the will has very ambiguous clauses or gifts that can trigger intestacy. Jurisdiction problems, Will challenges, and a beneficiary’s death are also other issues that can complicate probate. The best probate attorney should have experience in these matters. Need a Second Opinion?There are times when you need a second opinion from another attorney. If you are currently in litigation, consider the following: If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, you should seek a second opinion. What is the cost of a second opinion?While many individuals ask for a second opinion after receiving a medical diagnosis, these same individuals feel hesitant to do so in a legal case. However, individuals are usually entitled to seek the advice of an attorney of their choice in order to receive a second opinion or other legal counsel. Public Policy ConsiderationsAn important public policy is to allow individuals to be able to have access to legal resources that they trust. This includes hiring an attorney whom the client trusts. Another important public policy consideration is being able to freely enter into a contract. Therefore, clients who retain the services of an attorney are usually entitled to ask someone else for a second opinion. Reasons to Ask for a Second OpinionThere are several reasons why a client may seek a second opinion. For example, a client may feel confused about a particular legal issue. He or she may not fully understand the rights that he or she has in a particular situation. The client might want to learn about alternative options to the recommendation by his or her primary attorney. Getting a second opinion often allows a client to make decisions from a more informed standpoint. Benefits of Seeking a Second OpinionA client who seeks an opinion from another attorney may more thoroughly understand an issue after he or she receives the second opinion. The opinion may be confirmed by another legal professional, providing the client with greater confidence in the decision. Alternatively, the second opinion may result in the client wanting to go in another direction. If a law firm does not have sufficient resources, it may skimp on more expensive charges, such as hiring expert witnesses. However, a lawyer who offers a second opinion may explain whether such expenses are worth the cost or will make a significant difference in the case. Getting a second opinion on a case involving money damages for a settlement can also help the client learn if his or her expectations are in line with the reality of such cases. While clients generally have the right to seek another opinion, there may be certain situations in which their lawyer is not providing the proper representation to the client. In these situations, it is often best that the client learn this information as soon as possible in order to make a change in counsel before too much damage is done. For example, if the lawyer is giving the impression that he or she is too busy by not returning phone calls, providing rushed answers that do not take into account individual facts and details or always referring the client to someone else, the lawyer may not be prioritizing the case. If the lawyer does not have very much experience in the subject matter or has not conducted enough research to fully understand the legal issues, he or she may not be able to provide competent legal representation. Another warning sign is if the lawyer has not filed a complaint, answer of important motions. Filing deadlines are strictly adhered to and a lapse can result in damage to the client’s case. Another red flag is if the attorney is pushing the client to a decision because that is the fastest way out, such as pleading guilty or accepting a settlement if these are not in the best interests of the client. PrecautionsClients are quite often stuck with the representations that their lawyers make on behalf of their clients. Losing the case and then claiming inadequate counsel may not successfully reverse the course of action. A lawyer can impact a person’s freedom, finances, job, family and other important aspects of a person’s life, so it is important that the client is able to trust the lawyer. In small areas, it is important that the client clearly determine any conflicts of interest before providing confidential information to another lawyer. In this way, he or she can avoid revealing information to a lawyer who may represent an adverse party. 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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If I Adopt My Wife’s Child Will We Still Get Child Support? How Do I Collect Child Support From An Out Of State Non Custodial? Divorce Lawyer and Family Law Attorneys
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
{ Ascent Law LLC St. George Utah OfficeAscent Law LLC Ogden Utah Office
Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan Utahvia Ascent Law, LLC https://www.ascentlawfirm.com/questions-to-ask-a-probate-lawyer/ If a non-custodial parent moves out of state, or already lives out of state, rest assured you can still get the child support your children need. Having one parent live in a different state can make the process trickier, but there are ways to find your ex and make sure they pay child support. Family court orders are enforceable across state borders, so it does not matter where a parent lives. Child support services can help you, and family court judges can hold your ex in contempt of court or enforce any existing child support order. If there is not already a court order in place, then you need to file with the state you live in now before seeking child support from someone out of state. First Steps To Enforcing Child Support PaymentsNo matter where the custodial parent lives, they have many options for going about this process. This can be an easy process or a difficult one, depending on whether your ex is cooperating or trying to hide. These would all be viable options if your ex did not tell you where they were moving. Under the Uniform Interstate Family Support Act (UIFSA), sometimes called “Interstate Action,” states must help you find your ex for missing child support. This act also prevents multiple states from ordering child support and helps you find the other parent if they move away. Child Support State Services: The BasicsYou can choose to work with your local Child Support Enforcement Agency (CSEA) or directly with your state. Generally, you should pick one of these options and not both, so there are not duplicate cases in progress. In some states, you may need to start the process with your CSEA, and they will refer it to the state. It is essential to know that the state you live in is the “initiating state,” and they will contact the “responding state” as the case progresses. You do not need to contact the state your ex moved to — only the state or CSEA office in the state you live in. Using Parent Locator ServicesEvery state has a parent locator services. The local child support offices have access to resources such as: Essentially, if your ex tries to work, get a place to live, use a credit card, or apply for government assistance, agencies can find them. Once the other parent’s address is found, the courts have a way to contact them, and the enforcement of child support can begin. Using Your Ex’s New Job for Child Support PaymentsAn easy way to enforce child support orders when the other parent is out of state is to garnish wages. You can have the courts send a garnishment order directly to the other parent’s employer, and the child support will come straight out of their paycheck. Under federal law, all employers must honor child support garnishment orders from other states. Your ex’s employer can’t refuse to garnish an employee’s wages for child support just because the garnishment order comes from another state. Uniform Interstate Family Support Act (UIFSA)Every state has passed some version of the UIFSA. This law is designed specifically to enforce child support orders from one state against a parent who lives in another state. Filing a claim under UIFSA usually involves hiring an attorney or working with your local child support office. It enables you to contact relevant people in the other parent’s state to enforce your child support order, such as: The courts and authorities in the other state must enforce your child support order — just as if it was created in that state. This can take time, so it is helpful to start the process right away. It can take months or over a year to get child support cases to court when legal action is needed. Pressing Charges for Unpaid Child SupportMany states also have criminal laws that address unpaid child support orders. If a parent refuses to pay child support as ordered, you can take action. However, if they cannot pay because of financial issues, there are other paths to take that do not involve criminal charges. You or an attorney can contact your local prosecutor’s or district attorney’s office. They can file criminal “nonsupport” charges against the other parent, even if they live in another state. Extraditing a Parent Back to Your StateIn some cases, your state can “extradite” or bring the other parent back to your state, but only if they are charged with a child support crime. The felony nonsupport charges vary state by state, and can result in: The process will involve steps to find the parent and use strategies to get your children’s support money. Rest assured that crossing state lines will not stop your ex from paying the child support your family needs. Understanding Child Custody Laws in UtahSome parents who file for divorce may seek full custody of their children. While Utah laws do not recognize or use the term “full custody,” parents can file a petition for “sole legal/physical custody.” Here’s what you need to know about gaining sole legal/physical custody of your children in Utah. What is Sole Legal & Sole Physical Custody?Sole legal custody means the custodial parent is the primary decision-maker regarding the well-being of the child. With sole physical custody, the minor children will live with the custodial parent more than 255 overnights each year. The non-custodial parent will be permitted to spend time with minor children as per an agreement between both parents. In the case where parents disagree on a parent-time schedule, one will be ordered by the court. A parent-time schedule is the minimum amount of time the non-custodial parent is entitled. The non-custodial parent will be responsible for making decisions during the time they are with the child. How is Sole Legal Custody Determined?This is generally the arrangement parents strive for when they seek “full custody.” There are many types of child custody arrangements, and there several factors that the courts will examine when making a custody decision. In child custody cases, the courts will also consider any evidence of domestic violence, neglect, and physical, sexual, or emotional abuse that involves the child, parent, or other household members of the parent. Filing for Sole Legal CustodyFirst, every child custody case must start with a court-filed petition and state your case as to why you should be granted sole legal custody. Filing for custody is complex, and the laws can be challenging to understand without legal assistance. Having an experienced lawyer on your side can help you make the right decisions regarding your children’s best interests. Utah Child Custody LawsThere are more children of separated or divorced parents in the United States today than ever before. With all of the emotion involved in a separation or divorce, parents sometimes fail to consider their children’s desires when making custody decisions. However, under Utah custody laws judges often consider an older child’s preference when determining custody. Physical and Legal Custody in UtahParents can work out their own custody arrangements or go to Utah family court and have a judge decide their case. In either situation, a custody order must address both physical and legal custody and meets a child’s needs. “Physical custody” is where the child lives. A parent with physical custody primarily lives with the child. Parents can share physical custody (called “joint physical custody”) or one parent may have “sole” or “primary” physical custody. Your custody order will dictate how much time each parent spends with the child. Parents with joint physical custody will spend substantial, but not necessarily equal amounts of time with the child. The parent who spends the most time with the child is typically designated as the “custodial parent”. The other parent is called the “noncustodial parent.” “Legal custody” refers to a parent’s right to make major educational, medical, religious, legal, or cultural decisions on the child’s behalf. Like physical custody, parents can share legal custody or one parent may have sole decision-making power over the child. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Establishing Visitation SchedulesUnder Utah custody laws, your custody order must set forth a visitation schedule covering weekly, monthly, holiday, and summer visits. Both parents are entitled to regular time with their child and neither parent can prevent visits. Even in cases where a parent has struggled with substance abuse or physical violence, a judge may award that parent visitation – usually supervised. A noncustodial parent without joint custody is entitled to minimum visitation under Utah’s custody laws. Generally, this equates to one weeknight per week with the child and overnight visits every other weekend. A judge can award a parent additional visitation time, but not less. The Utah Courts website provides more information on child custody and parent-time in Utah. In limited circumstances where a child’s safety and well-being at issue, a judge may grant one parent only supervised visits. Supervised visits take place at a designated location or agency. A parent will be required to have his or her visits supervised until a judge can be sure a child is safe in that parent’s care. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Best Interests of the Child Factors in UtahUtah courts decide child custody whenever parents can’t come to an agreement on their own. Yet even in cases where parents agree on custody and visitation, a judge will review a custody agreement to ensure it serves a child’s best interests. Utah family courts must consider several factors when deciding child custody in Utah, including: When Will the Utah Family Court Consider a Child’s Preference?A child’s preference is one of several factors a judge will weigh in a Utah custody case. The child’s age and maturity matters. Specifically, a judge will give more weight to an older child’s preference, such as a child over 14. Generally, a judge won’t give much consideration to a child’s wishes if the child is under 10. In one Utah family court case, an 11-year old boy stated a preference to live with his father, but the judge said that an 11-year old shouldn’t have control over where he lives. Judges will also look at the reasons a child prefers to live with one parent over the other. In one case, a father with custody of two boys moved them from their hometown and away from their school, friends, and other family members. The children wanted to live with their mother to be close to friends and family, and to continue going to the school they knew. The court found that these were valid reasons to want to live with their mother and gave the children’s preferences significant weight in the custody decision. On the other hand, if a child’s reasons for wanting to live one parent are immature, for example, because one parent is laxer with discipline or gives them lavish gifts, the judge won’t give the child’s preference much weight. Keep in mind that even if a child has a strong custodial preference, it won’t be the controlling factor in a court’s decision. A judge can always overrule a child’s preference if it’s in the child’s best interest to live with the non-preferred parent. Judges will also watch to see if parents have coached their children. In one case, a judge questioned the children and discovered that their mother had told them to lie about her boyfriend’s overnight visits in their home. The mother’s coaching was a major factor in the judge’s decision to transfer custody to the father. Do Children Have to Testify About Their Custodial Preferences in Court?In Utah, children can’t testify in court unless there are extenuating circumstances, and there’s no other way to obtain their testimony. Instead, judges usually interview children in court chambers to determine their custodial preferences. Normally, the court will ask the parents for permission to interview a child, but parental consent isn’t necessary if the judge decides that an interview is the only way to figure out the child’s custodial desires. Parents can’t attend the in-chambers interview. The judge may or may not allow the parent’s attorneys to be present. Often, a court reporter will record the interview. Courts can determine a child’s preference in other ways as well. In one case, the judge deciding custody considered letters written by two boys to their mom, stating that they wanted to live with her. Courts may also allow custody evaluators or mental health professionals to testify about what children have told them regarding their custodial preferences. When Can I Modify Child Custody in Utah?Life is full of changes, and after a few years your custody order may need an adjustment. Utah custody laws allow either parent to file a custody modification request if there’s been a material change in circumstances affecting the child or parents or more than 3 years have passed since entry of the previous custody order. In either situation, the parent requesting a custody change must show that the modification would serve the child’s best interests. When considering whether a modification is appropriate, a judge will consider the same best interests’ factors as listed above. A judge will hold a court hearing to consider all the evidence. A child’s needs—not a parent’s wishes—will determine the outcome of your case. For example, a parent’s desire to relocate for a new job might not be enough to justify a change in custody. However, a custodial parents’ medical crisis might warrant switching custody to the other parent. The interplay of numerous factors will determine the outcome of your custody case. If you still have questions after reading this article, you should seek out a local family law attorney for advice. 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 How Do I Collect Child Support From An Out Of State Non-Custodial Parent? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
{ Ascent Law LLC St. George Utah OfficeAscent Law LLC Ogden Utah Office
Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan Utahvia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-i-collect-child-support-from-an-out-of-state-non-custodial-parent/ Short answer is no, you won’t still get child support. When a married person adopts a child, they must adopt the child with their spouse. The child becomes the legal child of both spouses. Just like divorce occurs in the general population, couples who adopt may also find themselves in divorce proceedings. When that happens, you might wonder what happens to an adopted child in Utah. Here’s what you should know about what happens when a couple with an adopted child divorces in Utah: The rules are generally the sameAdopted children have the same legal rights in a divorce that all children have in a divorce. They have the right to a custody arrangement that represents their best interests. In most cases, a custody order that reflects their best interests includes some kind of continuing contact with both parents. Adopted children have a right to have custody orders enforced so that they can maintain a close relationship with both parents. Adopted children also have the right to financial support from both of their parents. Even though adopted children have the same rights that all children have in a divorce proceeding, there are still some special things to keep in mind. An adopted child may have special needs. There are also unique financial considerations if an adopted child receives a state adoption subsidy. It’s important to identify and address the special circumstances that may apply when a child has been adopted. Both parents have the legal right to seek custodyBoth parents may ask the court to award them custody of an adopted child. Even if one parent has a biological relationship to the child, neither parent has a preference based on a biological relationship. Each parent is a legal parent to the child, and the court determines child custody based on the best interests of the child given all of the circumstances present in the case. A custody order for an adopted child can be flexible to meet the specific needs of the child. If the child has special needs, the court may take those needs into account. The custody order may be very specific if it’s necessary to protect the best interests of the child and meet their physical, mental and emotional wellbeing. Parents who are in divorce proceedings that involve an adopted child must inform the court of special circumstances surrounding the child so that the court has the information it needs to make a decision that reflects the child’s best interests. The child has a right to child supportJust as any child has a right to the financial support of their parents after a divorce, adopted children have the same right to financial support from their parents. If you’re divorced, child support determinations are the same as they are in all cases. The courts base child support awards on the income of the parents and the needs of the children. The courts can consider special needs of the children and extraordinary expenses when they make a determination of child support. Child support and adoption assistance paymentsOne unique issue that may arise in a divorce proceeding that involves an adopted child is what happens when the child receives an adoption subsidy payment. The payment may be several hundred dollars each month. Even when parents’ divorce, the adopted child continues to receive this payment until they reach the age of majority. The question becomes how the payment factors into the court’s determination of child support. The parent who receives the payment on behalf of the child most certainly argues that the payment doesn’t relieve a parent of their obligation to financially support their child. They say that they should be able to receive the adoption subsidy on behalf of the child and still collect full child support for the child. On the other hand, the parent who pays support usually argues that the subsidy is meant to meet the needs of the child and that any additional child support payments amount to a windfall for the receiving parent. They generally ask the court to offset the subsidy against any child support payments that are otherwise due to the recipient parent. Utah courts agree that an adoption subsidy is the property of the child. They typically rule that the paying parent must pay support even in cases where the child receives a subsidy. However, the court is still allowed to consider the entire set of circumstances present in the case and determine what’s necessary to meet the needs of the children. For example, in cases where each parent has parenting time, the court might apportion the amount of the adoption subsidy between the parents based on their respective shares of parenting time. Can we make an agreement about custody when we adopt the child?You may be wondering about adopted children and divorce before you complete the adoption process or before you begin a divorce. With custody and child support determinations so critical to children and their parents in any divorce proceeding, you may be wondering if you can work with your spouse to create an agreement that determines child custody in the event that you get divorced. You might wonder if you can create a postnuptial child custody order that goes into effect in the event that you get divorced in the future. In Utah, child custody agreements that parents enter into before divorce proceedings are unenforceable. The courts don’t enforce prenuptial or postnuptial custody agreements created between parents. They consider only the best interests of the children at the time of the divorce. The courts say that it’s contrary to public policy to enforce agreements between parents that don’t take all of the circumstances into account that exist at the time of the divorce. If you’re considering adopting a child, it’s important to understand that the courts do not allow you to create a child custody agreement that applies in the event that you get divorced. It’s up to parents to prove that the custody arrangement they’re seeking is in the best interests of the child at the time of the divorce. Protecting the interests of adopted children in divorce proceedingsIf you’re considering adoption, it’s important to understand how the law addresses special considerations for adopted children in the event that you get divorced. Likewise, if you’re in the divorce process, it’s important to determine if any special circumstances apply. Adopted children may have special considerations when it comes to determining child custody. In addition, the adoption subsidy may also impact a child support determination even though both parents have an obligation to financially support their adopted children. Paying Child Support for a Non-biological ChildWhen there are legal disputes over child custody and/or divorce, courts will often award child support payments. The non-custodial parent will generally be ordered to make payments to the custodial parent in order to help with expenses related to raising their child. While this usually only applies to the child’s biological parents, sometimes a person can be ordered to pay child support for a non-biological child. Biological paternity simply refers to someone who is the biological parent of a child. On the other hand, legal paternity refers to someone who is legally recognized as the child’s parent and therefore has parental rights like a biological parent would have. This includes adoptive parents and legal guardians. It is important to understand the concept of legal paternity and how it can impact child support proceedings. What Are Some Important Things About Legal Paternity?Besides situations of voluntary legal paternity, like adoptive parents and legal guardians, there are some situations when a person who is not a biological parent is presumed to have legal paternity. For example, you may be presumed to be a child’s legal father when: You should also keep in mind that there are situations where a biological parent does not have parental rights because these rights were legally terminated. One situation could be where the parent is not involved and a stepparent decides to adopt the child. The court would terminate the biological parent’s rights and grant those parental rights to the child’s stepparent instead. Regardless, once you establish legal paternity, in the eyes of the law you will carry all of the rights and responsibilities associated with being a parent. Additionally, after a person acknowledges paternity many states will provide a two year limitation to contest or dispute paternity. However, some provide a shorter amount of time so knowing your state’s laws and procedures if you are faced with this issue is crucial. How Does Child Support Factor Into the Legal Parent/Non-Biological Child Relationship?In family court proceedings, the judge will always base their decisions on what is in the best interests of the child. That is why these matters are fact driven and will vary. Most states will recognize the importance of a parent-child relationship even when biological paternity is not involved. Because of this, a legal parent who is not biologically related to the child but has played a big role in the child’s life may be responsible for child support if divorce or separation happens in the future. Other terms for this are “equitable paternity” and “parentage by estoppel”. This also broadens the scenarios of when someone can be considered a legal/equitable parent. If you and the other parent had a close familial relationship where you parented the child and lived in the home, you may be considered an equitable parent. Additionally, if you held the child out as being your own then you may be considered an equitable parent. Again, this will vary between the states and depend on the circumstances of your relationship with the child. However, a court could deem you to be a legal parent in these circumstances or any of the others discussed above, which could make you responsible for future child support payments. Can The Courts Enforce Child Support Payments for Non-Biological Parents?As noted above, a family court can order a non-biological parent to pay child support in certain situations. The person will need to be a legal or equitable parent. Look to your state’s child support guidelines for more information about when this could apply. Some factors that could weigh into this decision include the following: All of this could support a case for equitable paternity if you are not a biological or legal parent of the child. This can make it difficult to avoid child support payments mandated by court order. However, keep in mind that this will also support a case for you to have custody rights over the child, which means you could fight for shared custody or visitation rights. You can also attempt to establish someone else’s biological paternity as a defense to making these payments. However, say you acted as a father figure to a child by exhibiting all or some of the traits discussed above. Even if you track down the biological father, if they were never involved in the child’s life then the court may still order you to make the child support payments if you separate from the mother. Should I Hire a Lawyer For My Child Support Issue?Child support and custody issues can be complicated and argumentative. A child support lawyer in your area can help if you are dealing with these issues. An experienced lawyer will be able to thoroughly evaluate your situation and explain why you could face child support payments for a non-biological child. A lawyer can also help you fight for shared custody or visitation rights if that is something that you want. 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
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post If I Adopt My Wife’s Child, Will We Still Get Child Support? first appeared on Ascent Law, LLC.via Ascent Law, LLC https://www.ascentlawfirm.com/if-i-adopt-my-wifes-child-will-we-still-get-child-support/ Need to adopt a grandchild? We can help you adopt your grandson or granddaughter. Child custody rights determine who a child lives with when the child’s parents are legally separated, divorced, or deceased. This person is generally referred to as the custodial parent. The custodial parent is responsible for providing for the child’s basic needs, such as food, clothing, and shelter. Additionally, the person who is granted custody rights is responsible for making important life decisions on behalf of the child. Some examples of such decisions include, but may not be limited to: Generally speaking, the child’s parents are the parties who will be considered when determining who should be granted custody rights. Grandparents getting custody of their grandchildren is somewhat of a rare occurrence, and usually only happens when one or both of the child’s parents have died or have been deemed unfit to care for the child. Whether a parent is unfit to care for their child is determined by the court alone. Each state has its own laws which determine when to allow grandparents to have custody of their grandchild. Because it is presumed that parents have the right to determine who may have a relationship or contact with their child, courts have decided that grandparents do not have a constitutional right to their grandchild. Additionally, although they may have a strong relationship with the child, states are generally hesitant to separate the family unit by granting custody rights to grandparents. The exception would be cases involving death or unfit parenting as mentioned above. If it is determined that it would be in the best interest of the child for their grandparent to be granted custody rights, the courts will consider a few different factors. They will assess the frequency of contact with the child, and determine whether there is a meaningful relationship between the child and the grandparent. Additionally, the court will assess whether it would actually be in the child’s best interest for that relationship to continue in a custodial manner. When Will a Court Allow Grandparents to Have Custody?As previously mentioned, a court might grant custody of a grandchild when the child’s parents are either unable or unwilling to raise their child. The grandparents must demonstrate that they are fit to raise the child; custody will not automatically be granted simply because they are the child’s grandparent. The court will assess how long the parents have been unable to care for the child, and whether the grandparents requesting custody have been caring for the child during this time. The court may determine that a parent is unfit for several different reasons. Some examples include, but may not be limited to: Some examples of the factors that a court considers when deciding whether to grant grandparent custody have already been mentioned. Other examples include: To further clarify what the court is looking for, they will consider whether the petitioning grandparents are mobile, and are able to be present and an active participant in the child’s life. The court will consider whether the grandparents are financially capable of caring for the child’s medical care and daily living expenses in addition to meeting their own financial needs. Finally, the court will assess how awarding custody rights to the grandparents will affect the child’s relationship with other family members, specifically any living parent. Some examples of the types of custody arrangements that are available to eligible grandparents include: • Adoption: As previously mentioned, many courts are especially apprehensive of permanently terminating the legal relationship between a child and their biological parents. If adoption is allowed by the state, the grandparents will become the child’s legal parents; It is important to note that the above are variations of physical and legal custody; however, this does not mean that a grandparent will be awarded both legal and physical custody of their grandchild. What this means is that a grandparent can have physical custody of their custody, but power of attorney could be awarded to another relative or the child’s other parent.To reiterate, the details of grandparents taking custody of a grandchild will vary from state to state. This includes how much it will cost to adopt the grandchild. On average, independent adoption costs between $8,000 and $40,000. Grandparents should expect to pay around $10,000 to $15,000. Can I Stop the Adoption of My Grandchild?Most grandparent adoptions are considered to be kinship adoptions, and as such are considered to be open adoptions. Under an open adoption, the grandparent may permit interaction between the child and the parents. However, the circumstances will determine the amount of allowable interaction. There are some grandparent adoptions that are considered to be closed, meaning there is no interaction or contact between the child and their parents. Closed adoptions are generally allowed when it is necessary to protect the child from harm, such as if the child’s parent has an established history of abuse or mistreatment. In terms of practicality, the grandparent must be willing to cut any contact with the parent for the security and safety of their grandchild. Whether a grandparent can stop the adoption of their grandchild will depend on their state. The court may be required to notify all grandparents of the grandchild’s pending adoption, and may allow the grandparents to legally object. It is important to remember that unless it is in the best interest of the child, the court will generally not deny the adoption. It is equally important to remember that while adoption may terminate the child’s formal relationship with their biological parent, this does not mean that those grandparents are also erased. While the child may not be able to inherit property directly if the grandparent passes away, grandparents may still maintain a relationship with their grandchild with the permission of the adoptive parents. If you have a happy married life, you might never see a family lawyer, but if you don’t, there are healthy chances of you seeing one. Every year hundreds of couples part their ways with or without the help of a family lawyer. Divorce undoubtedly provides a peaceful exit from meaningless and painful courtships, but for kids, the tough times have just begun. Getting the custody of the children after a divorce is generally a tough row to hoe. In some cases, the custody can be awarded to the grandparents too. This happens only if the court thinks that this is in the child’s best interest. Pre-Requisites for Adopting a GrandchildAdopting a grandchild isn’t easy. A lot of thinking, paperwork and restless nights go down to successfully adopt your grandchildren. While taking advice from a leading law firm in your vicinity is always advised, however, exploring more info so as to strengthen your case is also a great practice. Following are some points which must be in the knowledge of those people who are interested to adopt their grandchildren. 1. The first and the primary condition in such a scenario is that both, father and mother of the children should agree that the children’s grandparents can adopt them. This is extremely important according to the law that the actual parents of the children agree to this fact since they have all the right to decide upon their fate. The court then evaluates all the points related to the case and then makes a decision that’s best for the kids. 3. There might also be a situation where the children do not feel like living with the grandparents. The reason could be anything which makes the children unlikely to share space with their grandparents. In that case, the court will favour the statement given by the children and the custody won’t be awarded to the grandparents. 4. Grandparents are generally retired and hence there is a good possibility of them facing some sort of financial crunch. In that case, adopting another life whose expenses will only grow with time can make their situation worse. The court will thus also measure how much support you are able to rake in for your grandchild. 5. Financial stability is extremely important is a ‘must’ when it comes to adoption. If the court finds that the grandparents have limited resources to take care of their grandchild, then they might also announce certain special provisions. These financial provisions will be paid by the government or actual parents of the children. Here are seven things you can do to navigate the additional challenges that come with being a grand family: Should I Hire Utah Lawyer If I Want to Adopt My Grandchild?If you are concerned about your grandchild’s wellbeing and wish to adopt them, you should consult with an experienced local adoption lawyer. Because the process differs so greatly from state to state, you will want to work with an attorney who is local to you as they can best adhere to your state’s specific laws. Your attorney can also help you determine what your legal options are. Finally, an attorney can also represent you in court, as necessary. 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
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Do I Adopt My Grandchild? first appeared on Ascent Law, LLC.via Ascent Law, LLC https://www.ascentlawfirm.com/how-do-i-adopt-my-grandchild/ Adoption a child from another country is complex and expensive. Have you ever thought about or considered adopting a child from another country? For many prospective adoptive parents, the idea of international adoption can seem overwhelming if not impossible; however, it is possible! By taking the time to first understand what international adoption is, researching the necessary steps (domestic and international), and finding the support and resources you will need to work through your journey—you very well may be the perfect candidate to become a family to a waiting child! The ChildrenAccording to the United Nations Children’s Fund, or UNICEF, there are approximately 153 million orphans worldwide. Every day, an estimated 5,700 more children become orphans. Due to circumstances beyond their control, many of these children find themselves in tough situations living on the streets, unprotected and exposed to the realities and difficulties of homelessness. In some countries, orphaned children are exploited, abused, and forced to join the militia. Of course, with poverty comes hunger, disease, and illness due to lack of proper medical care, and oftentimes, premature death. The lucky ones may find themselves in an institutional or orphanage setting. And while orphanages historically tend to carry bad reputations for maltreatment, child trafficking, and inadequate care as a result of political corruption, lack of funds, or mismanagement, many children will call these places home for most of their young lives before eventually being turned out to the street when they come of age. At the same time, there are many good orphanages and foundations that provide excellent care, going above the basics to provide children with love, education, physical and therapeutic services, and hope—thanks to partnerships with government agencies and private donations. Children in these settings can thrive and often consider their caretakers and peers as family. In recent years, many countries have made strides to support biological families in order to keep the family unit together when possible by providing financial assistance, education, job training, and shelter if/when domestic abuse is occurring. And while international adoption has become more of a last result because of this, it is still recognized as the only option for many children who do not have immediate or extended relatives able or willing to take them in, but who deserve the unconditional love of a forever family regardless of geography. Ask the Hard Questions Before You BeginAsk yourself—what is adoption? What is international adoption? Is it right for me? What will it mean for me? What will it mean for my family? What will it mean for the adopted child? It may sound silly, but the fact is, we don’t know what we don’t know and while adoption can sound like a wonderful opportunity for you to grow your family, like everything else we do in life, it is complicated and life-changing for all parties involved. In truth, adoption is a wonderful opportunity for families who are open to it and for the many children who have no other options and may spend months or years in an institution as a result. Deciding if International Adoption is Right for Your FamilyThere are many differences between domestic and international adoption. Some of these include: In addition, part of adopting a child from another country is the understanding that you are adopting all of the child, including their roots, culture, and traditions that made up their history before they met you—making sure that you are willing to honor these pieces of your child. And while, for the most part, international adoption is still closed adoption so far as availability to biological family records and social history, you need to respect the fact that your adopted child may someday wish to search for biological family members and learn more about where they came from. Choosing a CountryProspective parents often have an idea of where they might like to adopt from based on research or word of mouth from family or friends who have also adopted a child from another country. You should know that just like stateside adoption, where each state has its own set of requirements and processes, so do different countries. Parents should compare different adoption programs in several countries in order to determine from which country to adopt. Eligibility requirements to consider include age, marital status, sexual orientation, family size, parents’ health, and religion. Finding an Adoption Service ProviderNext, you will want to do some research, and by some, I mean a lot of research in order to find an adoption service provider or agency to help you through the process, both the domestic side of things and the international side. In addition to reaching out to local providers and internet searches, a great way to determine which agency may be the best for your situation is to reach out and talk to other adopting families who have already been in your shoes. Through their experience, they should have a good relationship with their service provider (if not, there’s a reason for that) and may be able to point you in the right direction to make a good choice. Make sure to ask the right questions of a potential provider to ensure they are reputable, experienced, and qualified (and are who they say they are) before you begin your relationship. Providers should have no problem answering your questions and in fact, should be expecting you to have lots of questions over the course of your journey. If you get the sense that something is amiss, it’s perfectly fine to end your relationship (the sooner the better). Most of all, whomever you choose should demonstrate that they have your best interest and the best interest of the child you are hoping to adopt at heart in an ethical and legal manner. An “inter-country” adoption occurs when you adopt a child from another country legally and then bring that child to your home country to live with you permanently. In the United States, thousands of inter-country adoptions take place each year. The process for adopting a child from abroad will differ depending on the state in which you live and the country where the child comes from. How To Properly Discuss The Option Of Adopting A ChildMost couples in Utah get married in the hope of having their own children later on. While not all would want to become parents, the majority do want to have kids to complete their family. What’s unfortunate sometimes is that couples very eager to have a child are not that blessed. Despite the many years of trying to conceive, they still fail owing to different factors. But then again, they still have an option which is to adopt a child. Many wives who are not able to conceive and are already hopeless in having their own biological child may readily consider adoption. They’re usually more open to this than the husbands. If you’re seriously considering this option, it’s vital that you as a couple discuss this first. It’s not an easy process and it may take quite some time before you can get approval because of the legalities involved. The thought of adopting a child often excites would-be parents. But it’s really very important that you consider the details that go with it because it’s not just about getting the child and enjoying his or her company in your home. Child’s age. Think about the age of the child you want to adopt. Would you prefer a newly born or a child in his toddler years or a little bit older? Those who don’t have one yet usually want to get a baby to enable them to be hands on in caring for the newly born child. Those with children already may opt to adopt a child in his early years whichever they think would best fit into their family and their children’s ages. In the case of international adoption (adopting a child from another country), getting a newborn is not possible owing to the time it takes to accomplish the paperwork required. The cost of adoption. Determine if you’re financially stable enough to afford the costs of adopting a child. The costs will depend on the fees charged by the agency and lawyer as well as the needs of the birth family and the travel expenses in transporting the child from his or her birthplace to the place of his adoptive parents. If you want to have an idea as to how much is involved, you can consult with adoption professionals with whom you can also work with. Local or international adoption. Local adoption refers to adopting a child within your state or country. This is cheaper compared to international adoption because you can just adopt through your state’s foster care system. Training on adoption. If you opt for the local adoption within your state, adoptive parents are normally required to attend an average of 25 hours of training classes. The classes are meant to prepare would-be parents for their responsibilities in child rearing. Getting a Lawyer to Help With the Adoption ProcedureA substantial part of the adoption process is tied up with legal matters and adoption lawyers are a significant aspect in any adoption procedure. Anyone attempting this without a legal representative would find it almost impossible as they became tied up with legal matters for which they are not trained. The courts must be supplied with sufficient cause for the adoption; this means why the child is being allowed to be adopted or why the birth parents are relinquishing their legal responsibility. It is not uncommon for couples to try and complete this task themselves but in the interests of speed and efficiency it is much wiser to use the services of a professional lawyer, versed in adoption law and practice. After twelve months, (usually) the child’s adoptive parents must attend a hearing which is part of the finalization process and for legal reasons it is better to be represented by a lawyer. An adoption agency will help the adoptive parents through this process as they can help with certain legal issues which are involved although an adoption lawyer would be useful to certify the documents are legal and intact. International adoptions are of course more tricky as every country has its own individual laws relating to the adoption of children, so trying to arrange this without legal representation would be foolish. The language barrier is also present when dealing with this type of adoption and the chance of a couple being able to comprehend legal documents written in a foreign language is almost zero. Therefore, parents who try to proceed with adopting a child from another country on their own without the help of an adoption attorney able to translate foreign adoption papers would be facing an enormous task. Of course one of the most important aspects is that of citizenship and registration which in all honesty could not be carried out by someone without legal training. Never underestimate just how important an adoption lawyer is; the skills, knowledge and experience in these matters they bring with them are immense. They are familiar with the legal issues related to the process and they are knowledgeable about loopholes and possible mistakes that are common in adopting a child. Even adoption agencies retain their own specialist adoption lawyers so that they are in a better position to service their clients. The facility of a retained adoption attorney can be a great benefit for a couple as this saves them the often difficult process of finding a lawyer of their own. However, unless the legal matters are addressed and taken care of properly, prospective parents may face problems with their adoption, so they provide peace of mind for the parents. Types Of AdoptionSo you have decided that you and your spouse are ready to adopt? You have the finances set aside; you have evaluated your motives for adopting and considered all of the pros and cons with your spouse. Now you need to be educated on the various types of adoption that are available to you. One of the forms of adoption is referred to as “Domestic Private”“. Another form of adoption that is available is known as “Inter-country adoption”. There are also the options of “kinship/relative adoption” and “Domestic Adoption from State Foster Care”. Domestic Adoptions are facilitated through licensed adoption agencies, attorneys, adoption facilitators, or physicians, among other avenues. This type of adoption allows you to choose to adopt a child right from their families. In this case, the family of the child would typically choose the family that would later adopt the child. The current family and the future family will make decisions, together, to discuss how much contact the child will have with his or her biological family in the future. The next type of adoption is known as “Inter-Country Adoption”. This form of adoption includes children who are citizens of one country, but their parents are citizens of another country. Since the governments of both countries will be involved with this form of adoption, it is wise to first look at the State Department website to make sure that country is currently permitting inter-country adoptions to the United States to take place. Often, these children have been living in an orphanage. It is important that, if you do adopt a child from a culture that is not your own, you are sensitive to that culture and take the time to research the culture, language, food, among other things to ensure that your child will know where they came from to increase their sense of identity. “Kinship/Relative Adoption” is another form of adoption that often takes place. This type of adoption refers to a family adopting a child through family ties or through a relationship that particular family has had with the child’s family. This includes children who are adopted by their stepmothers or stepfathers, grandparents, friends, teachers, etc., if their biological parents are unable to care for them. Licensed adoption professionals are still needed with this type of adoption to ensure that all legal requirements are being met, to make the adoption final. Finally, the last type of adoption is “Domestic Adoption from State Foster Care”. These children will be adopted out of temporary foster care or welfare situations. Many instances of this type of adoption include numerous siblings that are looking for a home together. These children have often suffered many losses and do not know much about commitment. They will require more attention and commitment, so that they transition into a home that they know is permanent and safe. With these children, the state will often provide access to Medicaid for their medical needs and a subsidy to help fund tutoring, other education, camps and other activities that would aid in their transition to a permanent environment and help them to succeed. 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! When you need a Divorce Lawyer, contact this law firm:
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How Do I Adopt A Child From Another Country? first appeared on Ascent Law, LLC.
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Such a standard has been set because the court favors stability and continuity in valid judgments and agreements. If there were no standard to modify custody or support judgments, family courts would be flooded with parents wanting to change the terms of their agreements without there being a true need for the change. Thus, the requesting party must show that a change is justified. Common “substantial changes in circumstances” may include: a loss or gain of employment, a sudden change in either party’s finances, a relocation of the parties or children, a death, a change in the child’s wishes, etc. These are just a few examples of common changes of circumstances that warrant a modification of a judgment. This list however is not exhaustive and determining whether a change to a judgment should be granted is a question of fact that will depend on the facts of each individual case. Modifying an existing custody or support judgment can be complicated and time consuming. Because such issues are also of vast importance, it is best to hire an experienced attorney who can help guide you through these difficult times. Change of CircumstancesA change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued. In the context of child or spousal support awards, the change of circumstances must relate to the financial needs of the recipient or the financial abilities of the payor. Utah for example, allows a support order to be increased or decreased upon a specific showing of material and substantial change in circumstances regarding a party’s income. When modifying timesharing orders, courts may take into account other non-financial circumstances that affect the child’s best interests. Utah specifies that final timesharing orders will only be modified when there has been a change in circumstances such that a new arrangement is best for the child. A parent or child’s circumstances will often change after a court issues an order on child custody. Maybe you have a new job opportunity in another city. Maybe your former spouse remarried and there are problems between your child and the new step-parent. Maybe the other parent simply isn’t giving you the time you are entitled to have with your child. When these situations arise, a parent wants to know how they can go about changing that custody order. The legal process is called a Modification. Substantial Change in CircumstancesWhenever a former spouse wishes to modify a ruling in their divorce, the phrase always referenced is whether there is a “substantial change in circumstances.” However, not many people know exactly what counts as a substantial change in circumstances and what it looks like in practice when applied to different issues in a divorce. What Does It Take to be a Substantial Change?In Utah, the courts have defined a “substantial change in circumstances” to be one that is significant, material, involuntary, and permanent in nature. The situation could not have been known about or considered at the time that the divorce ruling was made. Judges use the determination of whether a situation rises to the level of a substantial change in circumstances when deciding whether to allow modifications in multiple significant area of divorce decrees including spousal support, child custody, and child support. However, not all areas of the divorce decree are modifiable. For example, property rights (i.e., equitable distribution) is not modifiable by the Court. Substantial Changes for Spousal SupportIn order to qualify as a substantial change in circumstances to modify a spousal support order, the courts have found that job loss, disability, or serious illness of the spouse paying support as well as a significant job promotion or cohabitation of the spouse receiving support all qualify. However, temporary job loss or a small demotion in pay likely do not qualify for the paying spouse, nor does a small cost of living increase for the recipient spouse likely qualify for a modification. Substantial Changes for Parenting IssuesUtah courts have found that a parent suffering from new mental illness or substance abuse qualifies as a substantial change in circumstances for the purposes of parenting issues. Relocation to a new state or a significant distance away (more than 50 miles) that was not contemplated when the divorce was finalized also qualifies as a substantial change for modification. However, small moves within fifty miles likely do not qualify as a substantial change to modify an existing timesharing plan. Substantial Changes for Child SupportFinally, many of the same circumstances that apply as a substantial change for spousal support also qualify for modifying child support orders. In addition, the disability or illness of the child qualifies as a substantial change in addition to the responsibility of new children by the parent paying support. Depending on your life circumstances, you can petition the court to make changes to the parenting plan and timesharing schedule that was originally agreed upon to suit your current family dynamic. There are many reasons in which a modification of the original parenting plan is necessary, including but not limited to: The parenting plan and timesharing schedule are no longer feasible for the parents (e.g. work schedule change, remarriage, new siblings); The Legal Standard For Modifying TimesharingIn order to modify a timesharing order in Utah, the party requesting the modification must show two things. First, the party must show that there is a “substantial and material” change in circumstances of the child or one of the parents. Second, the parent must show that the modification the parent requested is in the best interests of the child. This also means that a court has significant discretion in deciding whether or not the substantial and material change standard is met. Whose Circumstances Changed And When?A change in circumstances of any one of the parents or the child can be the basis of the modification. In order to show the change in circumstances, the party requesting the modification must demonstrate the circumstances at the time of the original order as well as the change in those circumstances that exists at the time the party requests the modification. Put more simply – you must show what has changed since the court entered the original order and you must show that it is a substantial and material change in circumstances. What are Some Examples of Substantial and Material Changes In Circumstances?Below are some examples of situations courts found to be a substantial and material change in circumstances of one of the parties: No Change If It Was Contemplated In The Prior OrderOne limit to the substantial and material change element is that the change cannot be a change in circumstances that was contemplated in the prior order. For example, courts found that a child aging, alone, is not a substantial and material change. The parents obviously knew the child would continue to grow and age when they entered into the order, therefore, that the parents contemplated that fact at the time of the original order. This does not mean a child’s aging cannot be a factor in a modification, just that it cannot be the sole basis for the modification. Another example is that potential changes in employment or residency when known or contemplated at the time of the prior order – cannot form the basis of a substantial and material change in circumstances. Change must be in the Child’s Best InterestAnd don’t forget the most important part of any modification case. The proposed change must be in the best interests of the child. This means that even if there has been a substantial and material change in circumstances, if the change you are requesting is not in the child’s best interest – then the court will deny the modification. Can A Judge Modify A Time-Sharing Order Based On Possible Future Events?When a Utah court establishes a time-sharing schedule for two parents, that order can only be modified later if there is proof of a “substantial, material, and unanticipated change in circumstances” that makes such a modification “in the best interests of the child.” A judge will consider a number of factors in making such a determination. But critically, the just must not engage in speculation. For example, the court is not supposed to play “what-if” and say that if certain conditions arise, that will automatically lead to the modification of a time-sharing schedule. When You Can Change Your Time Sharing PlanWhen you both agree on a new parenting plan. What is the easiest way to change your time sharing arrangement? Find a schedule that satisfies both you and your co-parent. When you both agree on a change, modifying a time sharing arrangement can be an easy process. The only trouble comes when two parents are arguing over the right to see a child or to be the child’s custodial parent. After filing a protective order. If you or your child is in danger around your co-parent, you should call a lawyer immediately. You may have to file a protective order with the courts. Protective orders are temporary, but can provide emergency relief if you are feeling threatened by your ex. In the protection order, a judge may demand that custody of the child be handed over to the other parent, or grant sole custody until the protection order is lifted. In the past, a non-custodial parent would have to prove that a child staying with a parent would be “detrimental” to their well-being. Currently, in addition to “substantial” changes, you want to prove that this change in circumstances is a material change, and was unanticipated by either party. The following situations could, hypothetically, fit all three of Utah’s guidelines for changing time sharing arrangements: It is important to remember, though, that these terms are broad, and situations like the above examples do not guarantee a change in time sharing arrangements. When are Changes Not Considered “Substantial?”Changing time sharing arrangements is not as easy as changing child support or alimony payments. You cannot determine the best interests of a child with a calculator. In other words, while it is completely reasonable and possible to petition to modify your alimony or child support payments after getting a new job, this probably would not be enough to change time sharing plans. Even an isolated incident of domestic violence may not be enough to convince a judge that a time sharing arrangement should be modified. With these broad guidelines, your best bet for getting the results you want is to contact a Utah family lawyer and make a serious case against your co-parent. The lawyer representing you can use his or her experience in family law to prove your abilities and importance to your child as a custodial parent, and get the time sharing plan that best suits your life and benefits your child. Changing a Custody OrderAfter a judge makes a custody and visitation order, 1 or both parents may want to change the order. There are many good reasons why a parenting plan may need to be changed. As the children get older, for example, their needs, interests, and activities change. And as each of the parents moves on with his or her separate life, new partners, new jobs, or new homes can all mean that the parenting plan needs to be changed. Parents may need to renegotiate portions of their parenting agreement every 2 ½ to 3 years. If the parents agree on the changes, they can change their court order by using an agreement. But if the parents cannot agree on the changes, 1 of the parents must file papers with the court asking for a change (a “modification”) of your current child custody and visitation order. If you want to change your order, you and the other parent will probably have to meet with a mediator to talk about why you want the order to change before you go to the court hearing. 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! When you need a Divorce Lawyer, contact this law firm:
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How Do I Adjust Timesharing To Accommodate New Circumstances? first appeared on Ascent Law, LLC.
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Each situation is different. But I hear you. Many people want to get out of paying alimony. Alimony, or spousal support, is meant to help divorced spouses maintain the standard of living they experienced during their marriage. There are many different kinds of alimony, and payments can last for months, years, or even decades depending on the details of the situation. While spousal support is a key part of divorce, many people run into problems when their alimony payments become too costly. How Does the Court Decide to Award Spousal Support?Alimony is not a uniform, one-size-fits-all arrangement. Just the opposite, the court determines each alimony plan on a case-by-case basis. When determining how alimony should be set, the court will consider factors like: How long you and your spouse were married. (In the absence of extenuating circumstances, alimony is generally restricted to the length of the marriage itself. For example, if you were married for 10 years, your alimony would typically be limited to 10 years.) You and your spouse’s existing debts and financial resources. This could include income, inheritance, stocks, bonds, property, and other assets. You and your spouse’s ability to earn income. This factors in variables like age, work experience, education, and health. Whether there are minor children who need child support. Whether either parent has child custody and needs to cover costs like school supplies, food, and transportation. It’s a common misconception that the husband always pays alimony, while the wife is always the recipient. In reality, alimony is based on the factors listed above – not on gender. While alimony payments generally don’t start until the divorce has been finalized, the court may order temporary support payments while divorce proceedings are still underway. How to Reduce Alimony Payments That Are Too HighThe court determines alimony using the process described above, which means your payments should, at least theoretically, be set at a level your finances can reasonably accommodate. At the same time, a payor’s initial ability to provide alimony can later be impacted by issues like changes in health, changes in employment, or even changes in the recipient’s living situation. It’s a stressful situation when your alimony payments are too high, but don’t panic: the judiciary understands that circumstances can change with time, and the courts make accommodations for precisely this scenario. If you cannot afford to keep paying alimony at the same level, you may be able to reduce what you owe. The first step to reducing your alimony payments in Utah is to contact an experienced alimony lawyer, who will be able to help you through the legal process required to lower your payments. To begin this process, you’ll have to file a petition to modify alimony with the court. The court will not grant you (or your spouse) an alimony modification unless you can prove that there has been a “material change of circumstances.” In this context, “material” simply means significant, so a material change could involve something like a serious illness or other medical crisis, the loss of a job, or a natural disaster. Once the material change of circumstances has been established, the court will review your alimony plan based on the same factors described earlier (e.g. income, earning ability, the need for child support, and so forth). Additionally, the court can terminate alimony altogether if your spouse begins living with another person. This is provided by Utah Code § 30-3-5(10), which says that “alimony to a former spouse terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.” How Can I Get Out Of Paying Alimony?One can define alimony as the provisions provided to the spouse after separation or divorce. If the circumstances of your marriage and divorce fall within specific parameters, you may be unable to escape paying alimony to your ex-spouse. However, there are a few things that could help you on how to avoid paying alimony. Furthermore, we would also highlight how does alimony work, how is alimony calculated, how long do you have to pay alimony, is alimony taxable and also what happens if I stop paying alimony? Earning Less Than Your SpouseThe alimony award is normally calculated based on two significant factors: the earnings of the asking and the income of the paying spouse. Thus, you may escape the payment of alimony if you earn less or about the same amount as your spouse. Also there is no predefined divorce alimony calculator and the alimony payments or alimony deductions vary from scenario to another. If You Got Married For a Short Period Of TimeIf your marriage has lasted for two decades and you were the bread winner of the family, you are most likely going to pay for spousal support but if you were married for only a short period time, it’s unlikely that the judge would require you to help support your ex. If you are married for short period, judges often try to restore spouses to their financial situation before the marriage. A few states award alimony for merely a short period of time to help the receiving spouse time to obtain job skills or an education to be able to support himself or herself when the other spouse’s earnings is considerably more. Request for A Vocational EvaluationYou may be able to get out of paying alimony or minimizing the amount you pay if you prove to the court that your spouse does not have any need of it. If for example the asking spouse has educational qualification that could earn him or her better paying job but he or she intentionally prefers to work part-time in a minimum wage job by asking the court to carry out a vocational evaluation. Ask For Modification Of Termination Of Alimony PaymentIn divorce law and alimony payment, the decree of permanent payment of alimony does not mean that it can never be reviewed or terminated. It only means there is no specific date for the termination of alimony payment. If your ex-spouse re-marries or start to live with another partner in some states, you may be able to get the court to cancel out the payment of alimony and child support. Again, you may be able to get the court to reduce the amount you pay in alimony if your income drops. Pre-Planning With A Prenuptial AgreementIf you are in the process of getting married and wondering how to avoid paying alimony in the event of the marriage ending in a divorce. You may be able to circumvent the payment of alimony by getting a prenuptial agreement. People normally ask for a prenuptial agreement when they earn or have more money than their future spouse for the fact that the standard of living and the amount each spouse earns is the determinant of whether a spouse gets alimony payment or not. Quit Any Unhappy Marriage Relationship Early EnoughThe alimony amount as well depends on how long you were married. Short-term marriages are frequently not granted alimony payment. If you are not happy in your marriage and the resolution is not coming soon, the earlier you separate and seek for divorce the better to circumvent the payment of alimony. Pay Property TaxesIf during the divorce settlement you obtain property that you have to pay taxes on, it may determine the amount of money you’d be required to pay on spousal support. Thus, you may want to acquire any property that your spouse is willing to give up if it means that you will end up paying fewer taxes than overall alimony payment. What If My Spouse Is Capable Of Work But Refuses To Do So?Is your former spouse refusing to work? Utah Family Code mandates that, when awarding alimony, the court must consider whether your spouse can become self-supporting within a “reasonable period of time.” You may be required to provide your spouse with alimony for a period of time after a marriage ends, but usually your ex eventually has to get a job that he or she can live on. While the court has discretion to award alimony for a longer period, and alimony may be permanent in cases where a marriage was considered to be of a “long duration,” you usually won’t have to continue providing funds to your ex on an indefinite basis. If your spouse is capable of work but refuses to do so, this should not have an impact on you… if you have a spousal support order in place that ends after a specific duration. However, if your spousal support order is conditioned on your spouse moving forward with seeking training or employment, you can sometimes go back to court and show your ex is not cooperating with the requirements. When your marriage ends, you and your spouse can try to come to an agreement on alimony or a judge can award spousal support base on income disparities, the length of the marriage, the contributions each party made, and many other factors. A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work. This could be equal to half the length of your marriage, or to some other designated period depending upon what is appropriate in your situation. With this type of spousal support order, you can stop paying when the court order no longer requires you to. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support. If your support order is conditioned on your spouse getting a job, however, then you may feel as if you are going to be stuck paying forever until your ex finds work. This is especially frustrating if your spouse is capable of work but refuses to apply for or obtain a job. You can go to court and argue that your spouse is not making a reasonable effort to find work. The burden of proof is on you in these cases to show your spouse has opportunity, ability, and earning capacity. A vocational exam pursuant to Family Code 4331 typically involves a vocational evaluator assessing your ex’s ability to obtain employment while allowing him or herself to maintain the standard of living enjoyed during the marriage. A vocational exam can be helpful in a divorce proceeding where the couple has fundamental disagreements on alimony. Because you have to make your case to end spousal support if you are paying and feel you shouldn’t be, it is imperative you have a good legal advocate on your side. Retirement: A payor spouse’s retirement factors into lessening alimony. Sickness: In the event of chronic illness, the payor spouse’s alimony responsibilities may diminish. Conversely, seriously ailing dependent spouses may require more money. Death of either spouse ends alimony. Agreement: Divorce terms occasionally elaborate circumstances where alimony is modifiable, such as stopping alimony after retirement. You can modify your alimony payments with the help of good divorce lawyers in Utah. You can’t just stop paying your alimony. There are two correct ways to do it: Get a written agreement and file the documents in court You can then get an amended divorce decree. If you have agreed to change your alimony, the decision does not end with you and your ex. Have your attorney create a stipulation for both of you and sign it. You need to file it in court. File a PetitionConsider filing a petition asking the court to modify your alimony. If you can’t agree on a new number, the court may help you. Usually, you go through the mediation process. If negotiations fail to work, you can proceed to trial. 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
4.9 stars – based on 67 reviews
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Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan UtahThe post How Can I Get Out Of Paying Alimony? first appeared on Ascent Law, LLC. via Ascent Law, LLC https://www.ascentlawfirm.com/how-can-i-get-out-of-paying-alimony/ |
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