The word “probate” sometimes brings to mind thoughts of contested wills, family fights, lengthy legal arguments, and expensive attorney fees. The reality is that many probate actions can be handled quickly and without excessive costs. In general, probate is the legal process for making sure that the property of a deceased person is collected and preserved, the decedent’s debts and taxes are paid, and the remaining property is distributed to the beneficiaries designated in the decedent’s last will . In truth, the entire process can be a legal nightmare for the layperson, and the last thing you may want after the death of a loved one is to deal with the matters of settling their property. It requires submitting documents, filing notices, and informing various government agencies of scheduled hearings. There may also be moments where a probate judge or a court representative will ask to review documents, which will leave you scurrying to and from the courts without much notice or time. Hiring a probate attorney, however, will help you skip the courtrooms entirely, as an attorney can handle all those affairs on your behalf. A probate attorney will also help you take possession of the deceased person’s property and provide expert advice regarding estate management. Assets such as bank accounts, securities accounts, deeds to real estate properties, jewelry and other assets will need to be inventoried and appraised during the probate process. Once those items are taken care of, a final distribution of the estate is typically made soon after an estate tax return has been filed generally around eight months after the date of death. If a lawyer is not used during probate, the entire process is extremely complicated, and any minor omissions or missed deadlines will only slow down or even stop probate in its tracks. Hiring a probate attorney will only provide you with the peace of mind that your family’s affairs are being handled in the proper and most efficient manner possible. The executor of the will is responsible for starting the probate process, retaining an attorney, and taking caring of all financial obligations the deceased person left behind. An executor is typically named in the will, but if not will is available; the probate court will name a close relative to handle the process. A representative, either the executor named in the will or an individual named by the probate court, will be appointed to disperse real and personal property. This individual also collects debts owed to the deceased. The will is validated by the probate court. If there is no will, then the probate court designates a legal heir usually a close relative to serve as the administrator. A list of assets from the estate is presented to the probate court. Beneficiaries named in the will, or heirs-at-law if there is no will, are notified that the probate process is taking place. Creditors are notified of the proceedings so they can file claims for any debts owed to them. Title to decedent’s property, such as real estate, bonds and stocks, are cleared so that the property can be passed onto beneficiaries or sold. Any jointly held properties or assets with the right of survivorship which means ownership is transferred over once someone passes away. However, the property will eventually pass through probate once the surviving owner passes away. Duration Of ProbateProbate is a complicated issue with many moving parts involved and it can last anywhere from eight months to several years. It can take much longer if the estate is challenged by family members at odds with the decision. Typically, probate will take about eight months to a year, but the exact factors for determining a timeline will depend on each person’s unique situation. The probate court will not enter an order of distribution allowing assets and property to be transferred to waiting beneficiaries until all the correct paperwork has been approved, and all debts have been paid including court fees, estate taxes, debts and until all stocks and bonds have been cleared. The actual time required depends on various factors, including: • The extent, value, and type of property owned by the decedent • How quickly the personal representative acts • Whether the probate is formal or informal • Whether the decedent’s heirs dispute the personal representative’s decisions Property That Can Be Transferred Without A ProbateAny of the decedent’s untitled property, such as personal and household possessions, valuables, or money, can be transferred without a probate. Doing so, however, may subject such property to the claims of the decedent’s creditors. In addition, several types of property pass outside of probate because they have a built in transfer mechanism that does not involve probate. Such property includes: • Jointly owned assets, such as a joint bank account or a home or other real estate owned as joint tenants with rights of survivorship • POD (Pay on Death) bank accounts or TOD (Transfer on Death) stock brokerage accounts • Insurance proceeds, including life insurance and accidental death benefits • Death benefits of annuities, pension plans, and retirement accounts • Property held by a trustee of a living trust Even if the decedent did not own titled property that requires a probate to be transferred, you should still consider a probate if: • The decedent left unpaid debts, and you want to cut off potential claims of the decedent’s creditors. • There is a dispute over who is entitled to the decedent’s property. • The decedent had a last will, which you want to be able to enforce in court. A will that is not probated is not legally enforceable. • The decedent’s estate needs to make an income tax or estate tax election. (Usually, only a personal representative can make this election.) • The person dealing with the decedent’s property wants to be discharged from liability to the heirs and beneficiaries after the property is distributed. Probate Assistance Options Small Estate Affidavit: You may be able to avoid filing a probate by signing a small estate affidavit, which can be used to collect a decedent’s property, except real estate, if the net value of the decedent’s property subject to probate does not exceed $100,000. A small estate affidavit is not legally available, however, until 30 days after the decedent’s death. Order Determining Heirs: This is appropriate when the decedent’s Utah real estate or other property located in Utah needs to be sold and more than three years have passed since the decedent’s death. Ancillary Probate For Out-Of-State Decedents: This option can be used when the decedent resided outside Utah at the time of death, a probate has been filed there, and the decedent owned Utah real estate or other property that needs to be sold. Steps In A Probate• Opening: A probate is commenced or opened by filing documents with the probate court necessary to have a personal representative appointed and, if the decedent had a will, to have the will validated. If the opening is formal, a court hearing is required; if it is informal, no court hearing is required. • Notice to creditors and estate administration: After the probate is opened, the personal representative publishes a notice in the newspaper that creditors must present their claims within three months or be barred. The personal representative does whatever else is necessary to administer the estate, including protecting and managing the estate property. • Closing: When the notice to creditors’ period has run, creditors’ claims have been paid, and the estate has been fully administered, the personal representative can close the estate by filing the necessary documents with the probate court and by distributing the estate property to the appropriate heirs or beneficiaries. Like the opening, the closing can be formal or informal; again, a formal closing requires a court hearing, and an informal closing does not. Filing Requirements For Probate General Requirements: In Utah, a probate is filed or opened by presenting the necessary opening documents and paying a filing fee to the appropriate district court Required Documents: The opening documents include an Application (if the opening is informal) or a Petition (if the opening is formal) requesting that the probate court appoint a personal representative and, if the decedent had a last will, that the court validate the will (which is attached to the Application or Petition). Other required documents include a Renunciation by any person with an equal right to serve as personal representative; a Statement (if the probate is informal) or an Order (if the probate is formal) by the court appointing the personal representative and validating the will; an Acceptance of the appointment by the personal representative; and Letters issued by the court stating that the personal representative has been duly appointed. An optional document that can speed up the opening is a Waiver of Notice by the decedent’s surviving family members and will beneficiaries. If the decedent had a last will, the court appoints the person chosen by the decedent in the will. If all persons chosen in the will fail to accept an appointment as personal representative, or if the decedent died without a valid will, then the court appoints one of the following persons, in descending priority: • the decedent’s spouse, provided he or she is a beneficiary under the decedent’s will, • another will beneficiary, • the decedent’s surviving spouse, whether or not a beneficiary, • other heirs, • Creditors of the decedent’s estate. Duties Of A Personal RepresentativeA personal representative is obligated to act in the best interests of the heirs and beneficiaries and to quickly and efficiently administer the decedent’s estate. The personal representative has many duties which, in general, include the following: I. Take possession of, manage, and preserve the decedent’s property II. Search for the decedent’s last will III. Notify the surviving family members of the probate IV. Prepare an Inventory of the decedent’s property and its value V. Notify the decedent’s creditors of their right to file claims for payment VI. Pay valid creditors’ claims and applicable taxes VII. Sell estate assets, if necessary, for cash to pay debts and taxes VIII. Distribute the decedent’s remaining property to the designated beneficiaries or lawful heirs There are numerous reasons that wills may be challenged, although most wills go through probate without a problem. Additionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor: • Collecting and managing life insurance proceeds; • Getting the decedent’s property appraised; • Finding and securing all of the decedent’s assets; • Advising on how to pay the decedent’s bills and settle debts; • Preparing/filing documents as required by probate court; • Managing the estate’s checkbook; and • Determining whether any estate taxes are owed. A party may challenge any aspect of the probate administration, such as a direct challenge to the validity of the will, known as a will contest, a challenge to the status of the person serving as personal representative, a challenge as to the identity of the heirs, and a challenge to whether the personal representative is properly administering the estate. The personal representative must understand and abide by the fiduciary duties and to treat all beneficiaries equally. Not complying with the fiduciary duties may allow interested persons to petition for the removal of the personal representative and hold the personal representative liable for any harm to the estate. Probate Assistance in Utah Free ConsultationWhen you need legal help with a probate, please call Ascent Law LLC for your free estate law consultation (801) 676-5506. We can help you with probate administration, probate litigation, Estate Planning, asset protection, lawsuits for estates, and more. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/probate-assistance/
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In any family law dispute, the probability of winning increases with the skillful presentation of evidence. Don’t fight a family law dispute in court without an experienced Draper Utah family lawyer. Evidence is information presented to a court to support or refute a case or a position in a lawsuit. Evidence may include oral testimony as well as tangible material such as documents, exhibits, and demonstrative aids. Evidence is critical to the outcome of a case, since courts decide verdicts based upon the evidence. However, not all evidence in a case is heard by the court; only evidence that is relevant and admissible plays a role in the outcome of a case. Expert WitnessAn experienced Draper Utah family lawyer will review the facts of your case and determine if you need to use an expert witness. Basically, an expert witness provides an unusual input into a trial. The general rule in a civil trial is that a witness may testify only as to what he or she has seen or heard. In trial practice, this is an individual who assists trial counsel to prepare an expert witness for trial. In general, since they work with trial counsel preparing the case for trial, what they produce for a client is not subject to discovery. In the federal court system, discovery, the pre-trial process whereby the parties exchange information, specifically applies to expert witnesses. They generally do not apply to those working with the trial counsel, usually including a consulting expert. While, in some cases, the emotions of the witness may be a subject for testimony, the average witness is not permitted to offer an opinion or to discuss an event which he or she did not actually see. The formation of an opinion, based on the facts in evidence, is traditionally the responsibility of the jury, or of the judge when there is no jury. The use of an expert witness is an exception to this rule. The reasoning for this exception is that some situations are so complex that an expert must be brought in to explain the significance of what is in evidence to a jury However, since the American common-law based system still places ultimate responsibility for the finding of facts with a jury, the expert comes in as another type of witness. That means the jury must evaluate the expert’s testimony, particularly his or her conclusions, as it would that of any other witness. The jury is not required to accept what the expert says as its own conclusion. Therefore, the jury must also be told the facts on which the expert’s opinion is based, as well as the special qualifications that the expert has to be able to draw the conclusion advanced. How is Someone Qualified as an Expert Witness?An expert witness is typically presented to the court by one of the parties. The party presenting the expert must satisfy the judge as to the following issues: • that there is some specialized area of knowledge that will help the jury understand the case before it • that this area has a reasonable foundation as the subject of activities such as formal research, academic courses, professional education or licensing, trade or professional groups • that this area has a reasonable foundation as the subject of activities such as formal research, academic courses, professional education or licensing, trade or professional groups The way this is usually done is by having the witness being offered as an expert directly testify as to these points. Then, the witness can be considered as qualified. At that point, the expert is permitted to testify on the matter before the court. This is done by having the attorney present the expert with specific facts. The expert can offer his or her opinion as to the meaning of the offered facts. But it is still for the jury (or judge sitting in place of a jury) to determine whether or not to accept the testimony and opinion offered. The process does not end there. The opposing trial counsel has the right to do several things. They include: • challenging that the area of testimony is a legitimate area for expert testimony • arguing that the expert presented is not really qualified to draw a conclusion • asking the expert questions based on different assumptions, to elicit different conclusions • offering up opposing expert witnesses An expert witness, at the time of a trial, is actually qualified by the court and must be requalified each and every time that person comes to a subsequent trial for the offering of expert opinion. This qualification by each trial judge takes place regardless of how many previous times the same individual has been court-qualified before or in other jurisdictions. Other witnesses, or experts who may be called as percipient witnesses, can testify without being qualified by the court, but only as to their personal knowledge or observed information related to the matter at hand. This is a critical issue to be understood by science-oriented professionals, as most medical, scientific, or engineering professionals would generally be embarrassed or dismayed at calling themselves “experts.” A necessary realization, required by working expert witnesses, is that they do know more about their particular field than just about any other person who may be on a lay jury. Witness PreparationWitness preparation is critical in all legal cases. This doesn’t mean the testimony is changed or biased in any way, only that the person giving the testimony is a bit more familiar with what the conditions of the legal playing field will be prior to being asked to score a touchdown. Your Draper Utah family lawyer will prepare your expert witness for testimony. Just as the nature of an expert witness’s testimony varies, so does the role of the expert witness. In some cases, the expert witness is used to identify problems or defects in the testimony of fact witnesses. In other cases, expert testimony is necessary to meet the burden of proof in order to establish a claim or defense. At times, expert witnesses are used primarily to match the opponent’s experts and to add persuasive strength to the proponent’s claim or defense. Although experts are most commonly identified with their role as testifying witnesses in deposition or at trials, they also can assist attorneys in the development of the case before trial. Lawyers may hire experts to evaluate the credentials and work of other experts. Experts also may assist lawyers in understanding the technical aspects of a case by reviewing records and documents produced by the parties and by identifying and evaluating issues in a case. In addition, experts can help formulate requests for documents and other information which may become admissible evidence, or they can prepare questions for direct and cross-examination of witnesses. Expert advice may be critical in avoiding a case being dismissed by the court before trial by establishing persuasive theories of causation which should be heard and evaluated by the jury. Another important function of expert witnesses may be to conduct tests or experiments related to an element involved in the litigation and to prepare demonstrative evidence illustrating their conclusions and the basis for them. To do so, tests and experiments must be painstakingly and extensively planned, documented, and recorded. Experts must be able to defend each step of the testing and experimental process to explain how laboratory conditions relate to the actual facts and circumstances of the case. Types of ExpertsThere are two types of experts: consulting and testifying. The distinction between the two is critical because it has an impact on the disclosure of information, thoughts, and processes. Consulting experts provide background knowledge and lend their expertise outside of the courtroom. A consulting expert is used as a resource in complicated and technical areas in which lawyers have little background, often instructing and guiding lawyers on unfamiliar subject matter. A consulting expert will not be called as a witness. Testifying experts, on the other hand, go beyond the support provided by consulting experts and ultimately assist the lawyers trying a case by providing testimony either in court or in depositions. The distinction between a testifying expert and a consulting expert is important because the identity and opinions of testifying experts must be revealed to the opposing party in advance of trial if properly requested. This means the opposing side will have access to the experts and their records and, therefore, be better able to prepare a response Because of the distinct differences in rules between the two types of experts, the work of consulting experts and that of testifying experts should be kept separate. Successful lawyers strategically balance the use of testifying and consulting experts in order to protect their cases. The Relationship between Lawyers and ExpertsDraper Utah family lawyers expect experts to be confident, persuasive, and impartial, yet not boastful or contentious. They want experts who are firm, with strength of conviction. They need experts who will explain technical, complex matters in a way that the jury fully understands and to which jurors can relate. Lawyers also want experts with appropriate credentials to support narrowly tailored opinions that will serve the lawyers’ objectives at trial. While communication and teaching skills may be more important than credentials for a testifying expert, outstanding expertise and analytical ability may be more important than the ability to communicate and teach for a nontestifying, or consulting, expert. Thus, the lawyer’s expectations will change depending on how the expert will be used. Lawyers should respect the ethics and professional integrity of the expert and not demand that opinions be slanted in order to bolster the case. Experts need lawyers to clearly describe and explain the interrelationships between their testimonies and those of other experts involved in the case so the experts can prepare to explain conflicts of opinion. Experts also expect attorneys to educate them about the nature of the legal proceedings and vocabulary, as well as what is expected of the expert at each juncture. In a positive working relationship with an experienced Draper Utah family lawyer, an expert will be treated as a peer over the course of the case and will be actively involved in developing case strategy, based on the objective, impartial, and independent findings of the expert. If you believe your family law litigation requires the services of an expert witness, speak to your family lawyer who is the best person to take a call. Draper Utah Family Attorney Free ConsultationWhen you need legal help from a family lawyer in Draper Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you. We can help you with Divorce. Child Custody. Child Support. Adoptions. Prenups. Postnups. And Much More.
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
Can You Go To Jail For Speeding? Are Divorce Rates Increasing?/a> Bankruptcy Lawyer Riverton Utah via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-draper-utah/ On the off chance that you have obligation issues, you might consider the likelihood of bankruptcy. It’s imperative to comprehend what bankruptcy is and what choices exist. Bankruptcy isn’t perpetual so you may pick it as a method for clearing your obligations and making a new beginning. Bankruptcy is a legitimate status that generally goes on for a year and can be a method for clearing obligations you can’t pay. When you’re bankrupt, your superfluous resources (property and assets) and overabundance salary are utilized to satisfy your lenders (those you owe cash to). Toward the finish of the bankruptcy time frame, most obligations are ‘released’ (dropped). The High Court can announce you bankrupt by issuing a ‘bankruptcy request’ after it’s been given a ‘bankruptcy appeal’. An appeal might be displayed by: • at least one debt collectors • the indebted person • the manager of, or an individual bound by, an individual intentional understanding On the off chance that you choose bankruptcy is your best alternative, you have to finish the accompanying two structures. The two structures are likewise accessible from the Bankruptcy and Chancery Division of the High Court in Belfast or from the Insolvency Service. Business debt collectors, for example, banks and Mastercard organizations are probably not going to make you bankrupt. This is on the grounds that much of the time the procedure won’t enable them to get back the cash they are owed. Some money may be produced from the closeout of any significant resources you claim or salary installments you make. Anyway the cash from this is regularly taken in expenses by the Official Receiver. This leaves the debt collectors with nearly nothing or nothing. They at that point need to discount their obligation. They lose the chance to attempt to gather it from you in different ways. On the off chance that you owe cash you can’t stand to pay and you have concluded that it is simply the correct arrangement you could make Bankrupt. At last you will be treated in the very same manner by the Official Receiver. The drawback is that you need to pay the application expense. Anyway you are probably not going to have the option to keep away from this by sitting tight for one of your banks to make the application. As talked about above business debt collectors are unquestionably bound to utilize other obligation gathering strategies. Enabling them to do as such could mean settling your obligation issue winds up being drawn out and unpleasant. Looked with this prospect you would be better simply putting forth a concentrated effort. In 2005, Congress made changes to the U.S. Bankruptcy Code trying to make it increasingly hard for certain buyers to petition for Chapter 7. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) presently requires anybody recording to meet certain criteria: Your salary must fall beneath the middle pay for your state, and you should likewise pass a “signifies” test that figures your obligation to decide whether you qualify. Before BAPCPA, anybody could petition for financial protection, paying little mind to their pay. “You could be affluent and still petition for financial protection — there was no pay top by any stretch of the imagination,” says Michelle White, educator of financial matters at the University of California, San Diego, who has contemplated bankruptcy since the 1990s. A few superstars even petitioned for Chapter 7 proceeding the code change became effective. R&B artist Toni Braxton petitioned for Chapter 7 bankruptcy in 1998, claiming she was down and out in the wake of being deficiently paid by her account mark at the time. At the point when White initially started examining bankruptcy, she also was shocked at the quantity of individuals who qualified as well as would profit by documenting. It’s justifiable, however, White says, that such huge numbers of individuals don’t document. “The obstacle is generally the expense [of legitimate fees],” she says. “Bankruptcy filings go up when individuals get their duty discounts.” Surprisingly, the quantity of Americans who could profit by petitioning for Chapter 7 is somewhat higher than it was before BAPCPA. In any case, the general population who do record aren’t the main ones who could profit. A yield of Americans with improved FICO assessments and the opportunity to build their salaries could drive further financial development. In the present monetary atmosphere, individual bankruptcy has move at a disturbing rate. As indicated by US bankruptcy court measurements, more than 1.5 million individuals seek financial protection consistently. Most fundamentally, almost 97 percent of bankruptcy filings are made by people, not by organizations. Here are the few reasons why individuals fail: An ongoing Harvard University study demonstrated that restorative costs represent roughly 62 percent of individual liquidations in the US. Strikingly, the examination likewise demonstrated that 72 percent of the individuals who petitioned for financial protection because of therapeutic costs had some kind of health care coverage, in this manner exposing the legend that lone the uninsured face monetary calamities because of medicinal related costs. Organizations are eliminating their costs; and for some representatives, this outcomes in real pay cuts and decreases in rewards. The final product to representatives can incorporate bankruptcy. Regardless of whether there’s a significant severance pay, work misfortune can rapidly exhaust one’s investment funds and resources. Besides, work misfortune brings additional costs, for example, COBRA protection – and there’s no assurance with respect to when another activity will be prospective. Credit obligation isn’t only an aftereffect of flighty spending. It can likewise heap up because of disasters, for example, disease and incapacity, work misfortune, crisis costs or unforeseen salary decrease. Here are some great tips on the best way to lessen your Mastercard obligation to help stay away from bankruptcy. Separation is an expensive business, even without tallying attorneys’ charges. Separation and partition can likewise mean a noteworthy loss of pay and resources for either or the two accomplices. It might likewise mean taking on a bit of your accomplice’s obligation in the event that you co-marked or opened shared services with them. Crises can drift practically around the bend, regardless of whether they include a vehicle stalling, a tree falling on the rooftop or cataclysmic tempest harm. Only one of these occasions can rapidly deplete investment funds that took a long time to amass. In the event that you haven’t paid that understudy credit off yet, you’re not the only one. Insights demonstrate that understudy credits represent at any rate one percent of all U.S. liquidations, which means approximately 15,000 insolvencies per year. For a considerable lot of the present property holders, the increasing expenses of warming, cooling, electric light and different necessities can rapidly help make ready to bankruptcy. As per insights, more than one percent of Americans need to declare financial insolvency so as to stay away from abandonment on their homes. Because of swelling, overseeing cash is more enthusiastically than any time in recent memory; and a blend of awful planning and uncontrolled spending can give an easy route to soaring obligation and bankruptcy. Here are a few hints on the best way to make a sound spending plan. While bankruptcy can give a reasonable obligation answer for certain individuals, others have discovered that, by uniting their obligations, they can maintain a strategic distance from the inconvenience and cost of bankruptcy and still assume responsibility for their funds. Whichever technique works, the significant thing is to begin managing the circumstance as quickly as time permits – in light of the fact that obligation is one issue that, shockingly, doesn’t vanish without anyone else. While the unimportant idea of documenting an Utah bankruptcy may make you have an inclination that you are a disappointment, remember that there is no judgment related with it. Instruments are set up that guarantee just individuals who truly need the help given by the Utah bankruptcy laws can document a Chapter 7 bankruptcy in Utah. Odds are, you didn’t anticipate being in this circumstance, and rather it is the consequence of one or various heartbreaking occasions, for example, a vocation misfortune, or unforeseen doctor’s visit expenses, that you had practically no power over. Your essential duty, dependably, is to the prosperity of your family, so if leasers make it hard to keep nourishment on the table each month, recording a Chapter 7 bankruptcy in Utah can lift the weight of high least regularly scheduled installments, and enable you to deal with your family’s needs. Despite the fact that this is bankruptcy court and everybody petitioning for financial protection in Utah is doing as such on the grounds that they don’t have enough cash to meet their commitments every month, recording a Chapter 7 bankruptcy in Utah incurs a court documenting charge of $335. In the event that you are not qualified for a full charge waiver (see above) yet are experiencing serious difficulties pooling this a lot of cash together at the same time, you can request that the court pay the expense in portions, with your first installment of 0 due at the time you document your desk work, or inside 14 days from that point. This is particularly useful if the reason that you can’t gather the full expense previously is a progressing wage garnishment. When your Utah bankruptcy is documented, the garnishment needs to stop, and you will begin getting your full check once more. On the off chance that that isn’t the situation, at that point be extremely cautious with looking for an installment plan, as a solitary missed installment can get your case tossed out. All things considered, and accepting there is no due date to document your case (to stop an abandonment or keep a compensation garnishment from beginning), it’s smarter to take the time – regardless of whether it takes the full 4 months the court would give you – to gather the full expense before you head to the town hall to declare financial insolvency in Utah. The upsides of seeking financial protection are: • Filing for bankruptcy will trigger the “programmed remain”, this piece of the law keeping lenders from making a move to gather their obligations, repossessing property, for example, vehicles.. This likewise can stop numerous removals, abandonments, wage garnishments and utility shutoffs. • You might almost certainly release your commitment to reimburse a large portion of your obligations. • By utilizing the bankruptcy exceptions, numerous indebted individuals can experience the bankruptcy procedure without losing any of their property. • A bankruptcy documenting will stay on your record for 7-10 years, anyway since numerous obligations can be released in bankruptcy, numerous individuals start improving their FICO rating directly subsequent to seeking financial protection. Bankruptcy may make it feasible for monetarily upset people to: • Release risk for most or the majority of their obligations and get a new beginning. At the point when the obligation is released, the borrower has no further legitimate commitment to pay the obligation. • Stop dispossession activities on their home and permit them a chance to make up for lost time with missed installments. • Avert repossession of a vehicle or other property, or power the bank to return property even after it has been repossessed. • Stop wage garnishment and other obligation gathering provocation, and give the individual some breathing room. • Reestablish or avert end of specific sorts of utility administration. • Lower the regularly scheduled installments and loan costs on obligations. • Permit borrowers a chance to challenge the cases of specific debt collectors who have submitted extortion or who are generally trying to gather more than they are lawfully qualified for. So in the event that you take a gander at bankruptcy in this light it has some alluring characteristics. It tends to be valuable to lessen or wiping out specific types of obligation. In spite of the fact that you won’t almost certainly dispose of your home loan or automobile advance commitments by opting for non-payment you might probably diminish various different obligations like charge cards, check advances and individual advances. This end of inconvenient obligation can free up significant pay and help guarantee that you stay current on your different obligations like your home installment. Numerous individuals screen their mail or unplug the telephone until after 9 p.m. in order to evade credits and authorities hoping to get installments on obligation. Luckily, the bankruptcy procedure shields you from debt enforcement offices by making a programmed remain — a legitimate directive that stops any sorts of accumulations when you record a bankruptcy request. Programmed remains likewise put an interruption on dispossessions, claims, repossessions and compensation garnishments. Having this legitimate insurance guarantees that a court can work through the bankruptcy procedure to determine obligation questions and gives you bit of psyche during an upsetting money related time. Bankruptcy offers different securities, as well, similar to segregation from a business; you can’t be terminated for your monetary or bankruptcy status, and if a business endeavors to do as such, you have a lawful sponsorship in court. Clearly, one of the greatest advantages to bankruptcy is that it encourages you oversee obligation. Some of the time, that is through postponing obligation you can’t reimburse; different occasions, it’s by setting up a reimbursement plan that you can stay with. Chapter 7 and 13 are the most usually utilized sorts bankruptcy. With Chapter 7, a court trustee will enable you to auction things of significant worth to reimburse your obligations, and a court will clear the straggling leftovers. Fortunately, exclusions can help spare things like your vehicle, sell your business, home or property with the goal that you can in any case be monetarily autonomous (numerous individuals dread losing everything, which is exceedingly improbable). Chapter 13 bankruptcy is regular for individuals who make more than their state’s middle pay, and enables filers to make reimbursement designs that work with their pay and spending plan. Whichever course you take, bankruptcy’s end game is to enable you to get a new beginning — not rebuff you for your monetary choices or circumstances that landed you in the red, similar to emergency clinic bills, mishaps or occupation misfortune. Notwithstanding with all these benefits and starting off new—one should go for filing for the bankruptcy in the state of Utah. Bankruptcy Lawyer Free ConsultationWhen you need legal help to file a bankruptcy in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with chapter 7, chapter 13, chapter 11, chapter 12 and much more. 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
Is It Illegal To Withdraw Money From A Deceased Person’s Account? Corporate Lawyer Grantsville Utah via Michael Anderson https://www.ascentlawfirm.com/should-i-file-chapter-7/ Utah divorce laws are complex. Always seek the assistance of an experienced Orem Utah divorce lawyer. Under Utah law, you can apply for an uncontested divorce. An uncontested divorce is one where the spouses have agreed on all issues of the divorce including alimony, child custody, child support and visitation rights. Utah also has a mandatory waiting period for a divorce to be completed. The waiting period is ninety days. You can request the court to waive this mandatory waiting period of 90 days under extraordinary circumstances. An experienced Orem Utah divorce lawyer can review your case and let you know if you can request this waiver. This waiver is not automatic and the court will review the circumstances before it waives this mandatory ninety day waiting period. Once this waiting period is over, the court will grant the divorce. In case of an uncontested divorce, the spouses need not attend the court for a hearing. All that they need to do is file the paperwork correctly. The judge reviews the paperwork and pass the order declaring the spouses as divorced and the marriage as legally ended. However if the spouses are unable to reach an agreement on any of the issues, they will have to appear in court and the court will after hearing them and reviewing the evidence decide on the unsettled issues. Divorcing women must suddenly assume the household tasks that may have been formerly in their husbands’ domain. Home and car maintenance and repairs, tax returns, and financial planning often top their list of practical problems. Women with primary physical custody of children have a particularly difficult time. Their problems multiply exponentially with the responsibility for dealing with hurt, baffled children who may develop any number of transient problems in response to their family’s rupture (See Chapter 6). Typically, divorcing mothers’ lives and homes are in a state of disorganization. Financial worries, caused by their inevitably reduced resources, are a major source of stress. Mothers who had stayed at home or worked part-time often must return to full-time employment, turning an overloaded schedule into an exhausting one. Many report having to stay up past midnight just to get the bare essentials done. Yet those who remain at home often complain of being locked in a child’s world. Many mothers report that their stress is overwhelming. Divorcing men have their own set of problems. Many wind up in small or furnished apartments, bitter that they have lost so much of what they had spent years building. A surprising number are lost when it comes to the mechanics of cooking, shopping for food, cleaning, and doing laundry. Fathers without custody report feeling rootless, shut out, guilty, and anxious. The great majority miss daily contact with their children, some desperately so. Reflecting their stress, fathers tend to sleep less, eat erratically, develop physical symptoms, and bury themselves in work during the first year after separation. It is also common for them to engage in a frenzied social life, not because it is satisfying or pleasurable but because it helps ward off feelings of being shut out and rootless. Women often experience the preseparation stage as more stressful than do men. Women are more likely to report having been depressed, pessimistic, and lonely during this period. Between two-thirds and three-quarters of divorces are initiated by women, so their greater preseparation distress may reflect their turmoil while wrestling with their decision to divorce or not. For some, the preseparation period is the most traumatic period of their divorce. Not everyone encounters the divorce experience. A minority of divorcing men and women feel primarily relief, hope, and even positive feelings at the end of their marriages. They may talk of being released from prison or bondage, of new beginnings, of a chance for a better life. Sometimes there are celebrations and self-indulgences like massages, facials, new wardrobes, and new cars. They function fairly well and quickly begin to rebuild their lives. Many immerse themselves in dating and the singles scene immediately, sometimes at a hectic pace, as if making up for lost time. With divorce come time-consuming paperwork, the necessity of dealing with an unfamiliar legal system, new loneliness, difficulties concentrating, countless questions from relatives and friends, and the endless list of decisions (new living arrangements, how every material possession will be divided, where the children will live, how parenting will be shared, how to handle holidays, and on and on). Divorce can be emotionally stressing. When you are in such a situation, attempting to navigate complex maze of Utah divorce laws can be disastrous. Seek the assistance of an experienced Orem Utah divorce lawyer. Obviously, some form of consent is a threshold requirement in every professional relationship. Both the professional’s right to compensation and her authorization to manage a client’s affairs or to undertake some service for him arises from the notion of contract. Unless the threshold of legal contract is reached, professionals are not entitled to recover compensation, nor would they have a defense to a legal challenge of unauthorized interference with the client’s person, property, or freedom. Assent is the least demanding form of consent. A legally enforceable contract normally does not require much knowledge. Rule 1.4(b) of the American Bar Association’s Model Rules of Professional Conduct provides: A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Ordinarily, the information to be provided is that appropriate for a client who is a comprehending and responsible adult. A mutually satisfactory agreement would go beyond informed consent by requiring not only that the professional give the client all the necessary information, but that she also help the client to reach a mutually satisfactory accord by trying to reduce to an insignificant point any misunderstandings and disagreements between the professional and the client about procedures, desired results, and obstacles in trying to achieve those results. This is the situation where neither professional nor client is being used as a means to the other’s ends. It should also be an important part of this understanding for the professional to assure that the client’s expectations are realistic. The client should not only be aware of the risks that are possible from the external world in which the professional and client are acting, but also the risks inherent in the professional’s limitations of competence and fallibility. Many clients often come to professionals in times of great stress. This situational pressure often inhibits the client’s capacities to be highly objective, calm, and rational. One responsibility of the professional is to bring these qualities to the decision. The client of a divorce lawyer may be risk-averse or risk-preferring. He may have a great need for harmonious relationships or a preference for conflict. Or he may be concerned with the financial bottom line, that is, the most efficient and cost-conscious decisions, or he may be interested in trying to protect or further principles or rights. To the extent that the professional’s value preferences are different from the client’s, the client’s should prevail. Lawyers it is often claimed, must engage in certain sorts of professional detachment if they are to perform their role well. So, for example, where the evidence against one’s client in a criminal defense case looks fairly convincing, many criminal lawyers talk about the importance of remaining somewhat aloof from the fact that here they are most probably helping, say, a murderer get off the hook. Such detachment is important, they say, since otherwise one might find it difficult to be an effective advocate for one’s client, and so one might undermine the legal rights of one’s clients to effective legal support and defense. Your confidential information that you share with your Orem Utah divorce lawyer is safe. Your Orem Utah divorce lawyer will not share the information with anyone. The ABA’s Model Rules, like its earlier Model Code, prohibit lawyers from revealing confidential information except under highly limited circumstances. The Model Rules do not require disclosure of confidential information except where necessary to prevent fraud on a tribunal. Nor do the Rules even permit such disclosure to prevent noncriminal but life-threatening acts or to avert massive economic injuries. When you hire an experienced Orem Utah divorce lawyer to represent you, you can rest assured that the lawyer will protect your interests in the court. The lawyer will not do anything that will adversely affect your case. Your interests are of paramount importance to your divorce lawyer. Your Orem Utah divorce lawyer is your best guide. Don’t get carried away by advertisements that offer cheap DIY divorces. All divorces are not the same. Each case is different. Seek the assistance of the exert – Hire an experienced Orem Utah divorce lawyer. Orem Utah Divorce Attorney Free ConsultationWhen you need legal help with a divorce in Orem, Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with divorce. Child Custody. Child Support. Adoptions. Step-Parent Adoptions. Alimony. Prenups. Postnups. Enforcements of Divorce Decrees.
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
How Do I File Chapter 7 On My Own? Can I Get A Divorce Without My Spouse Knowing? via Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-orem-utah/ Some consider the speeding laws in Utah to be lenient compared to those in most other states. The reason for this is because Utah wants to reduce stress on its criminal justice system. However, there can still be serious consequences for speeding offenses in Utah. For example, having your license suspended or revoked for multiple traffic violations can make your life difficult. Speeding Laws in UtahUtah regulates speeding in a variety of situations. For example, speeding to an intersection or across railroad tracks may be a chargeable offense in Utah. There are other examples that Title 41 of Utah’s Motor Vehicles Traffic Code §41-6a-601 specifically identifies as dangerous when speeding: • approaching and going around a curve • approaching a hill crest • traveling upon any narrow or winding roadway Utah, like other states, also lists lawful speed limits depending on the area you are driving through. Utah law dictates that drivers adhere to the following speed limits: • 20 miles per hour in a “reduced speed school zone” • 25 miles per hour in “any urban district” • 55 miles per hour everywhere else Utah identifies a “reduced speed school zone” as any roadway near a school that has flashing lights and a posted, reduced speed limit warning stating that the area is a school zone. Violating the speed limit in a school zone may result in stiffer penalties than offenses not involving a school zone. Additionally, every county or municipality in Utah has the power to adjust speed restrictions for their roads. Using a motor vehicle to compete in a race on Utah roads is also an offense that will trigger increased penalties for speeding. Speeding usually does not end in arrest in Utah. However, certain violations may get you arrested and charged with offenses carrying possible jail terms. For example, driving faster than 20 miles per hour in a reduced speed school zone is a class C misdemeanor. In Utah, class C misdemeanors carry a maximum penalty of 90 days in jail. You can also be fined for speeding in a school zone. The fines increase depending on the rate of speed you were traveling: • Drivers traveling 21-29 mph may receive a $50 fine • You can receive a $125 fine for driving 30-39 mph • Speeds 40 mph or more also carry a $125 fine Repeated school zone offenses will increase the potential fine. • You can receive 35 demerit points for traveling 1-10 mph over the posted speed limit • Being 11-20 mph over the speed limit may mean 55 demerits points on your driving record • If you are 21 mph over the speed limit (or more), you will receive 75 demerit points If you are over the age of 21 and accrue 200 or more points in three years, your license may be suspended for three months to a year. The threshold for license suspension is lower for drivers under the age of 21. If you are younger than 21 and accrue 70 demerit points in three years, your license may be suspended from one month up to a year. When you are issued a traffic ticket, police will not commonly arrest you. However, the US Supreme Court has said that police can arrest you for minor offenses, even for traffic offenses. Talk to an attorney if you feel you were illegally arrested or had your rights violated during a traffic stop. There are options you may have for clearing your record of these driving offenses. Penalty for Reckless DrivingReckless driving is defined as: • driving in a “willful or want on disregard for the safety of persons or property,” or • committing three separate moving violations within a continuous three miles of driving. A first violation carries up to 90 days in jail, a maximum $1,000 in fines, and the possibility of license suspension of up to three months. In states such as Utah, if you’re accused of violating a presumed speed limit, you may be able to make two possible defenses: • claim you weren’t exceeding the posted speed limit, or • claim that, even if you were exceeding the posted limit, you were driving safely given the specific road, weather, and traffic conditions at the time. Occasionally an officer will incorrectly measure your speed. But even when that happens, it can be hard to convince a judge to accept your version of the story. In short, if you were ticketed in a “presumed” speed area, it is most sensible to rely on the argument that you may have been driving slightly over the posted speed limit, but it was safe to do so considering all the highway conditions at the time. For example, if you know you were driving 33 to 35 miles per hour in a 25-mile-per-hour zone, and the officer can probably prove it, you should concentrate your defense on showing that you were driving at a reasonable speed, considering the conditions at the time you were stopped. Note that in Utah you can be ticketed for driving at an unsafe speed, even if that speed does not violate the posted limit—for example, driving exactly at the maximum mph posted limit on the freeway amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard. Point SystemUtah uses a point system to keep track of driver’s traffic violations. Accumulating too many points can lead to license suspension. Driving is such an indelible part of modern life that every state has a complex system of laws governing how people must act when operating a vehicle. Because vehicles are potentially so dangerous, driving in a reckless or unsafe manner is a crime in itself. Anyone charged with this crime faces significant penalties. The crime of reckless driving occurs whenever someone operates a vehicle in such a way that it poses a risk to others. Unlike some other traffic laws, such as speeding violations, reckless driving is highly dependent on the circumstances of each individual case. Though many states list specific actions that qualify as reckless driving, drivers can be convicted of this crime whenever they drive in an unreasonably dangerous manner. • Factors: Courts weigh a number of factors when determining what constitutes reckless driving. These include the time of day, the weather conditions present, the presence of other people or animals, the qualities of the vehicle, a driver’s familiarity with the area, as well as numerous other factors. • Beyond negligence: Reckless driving is more than simply making a mistake or being negligent while driving. A driver has to act willfully and with an active disregard for safety. However, a prosecutor does not have to necessarily show the driver’s mental state at the time. It’s enough for the prosecution to show that the circumstances surrounding the event either caused the driver to know, or the driver should have known that the driving was not safe. • Safety risk: While reckless driving necessarily involves a heightened amount of danger to other people, a prosecutor does not have to show that other people were actually placed in jeopardy. Reckless driving can occur even if no one else is on the roadway or there is no property damaged. It’s enough for drivers to endanger their own lives or risk damaging their own property to qualify as reckless drivers. • “Per Se” reckless: Some states have laws that list specific conditions that automatically qualify as reckless driving. These are known as “per se” conditions. This simply means that a driver acted recklessly if the prosecutor can show that even one of the specified conditions is present. Some common per se factors include speeding 20 mph or more above a posted speed limit, passing a school bus, passing at a railroad crossing, or participating in a street race. PenaltiesReckless driving is one of the more serious traffic offenses a person can commit. If you are convicted of reckless driving, you face significant penalties that often include jail, fines, and the revocation of your license. Though penalties differ significantly among states and depend on the circumstances of the case, reckless driving charges typically bring with them a range of penalties. • Jail or prison: Reckless driving is often categorized as a misdemeanor offense, meaning that a person convicted of the crime faces up to one year in jail. However, a small number of states also allow the crime to be charged as a felony, meaning a conviction can bring a year or more in a state prison. Felony charges are often filed in situations where someone was injured as a result of the reckless driving. • Fines: Fines are a very common penalty when a person is convicted of reckless driving. The amount of the fine can differ widely based on the state and circumstances of the crime, but they usually range from several hundred to several thousand dollars. • Probation: Probation sentences are also possible with reckless driving convictions, though they are highly dependent on the circumstances of the case and the driver’s driving history. If a court sentences you to probation, it will require you to comply with specific terms, such as finding a job, making regular visits to a probation officer, and not committing any crimes or other traffic violations. If you violate the terms of probation, the court may revoke it and force you to serve a jail or prison sentence instead. Probation typically lasts 12 months or more. • License suspension: A person convicted of reckless driving also faces the possibility of a license suspension or revocation. State laws typically include a mandatory suspension of at least 30 days whenever a person is convicted of reckless driving. If the driver has previous reckless driving convictions or other traffic violations, lengthier suspensions and even permanent license revocation is also possible. • Operates a motor vehicle at an excessive or dangerous speed • Places other drivers at danger by running stop signs or red lights • Fails to yield the right-of-way (intentionally) to other drivers and pedestrians • Drives under the influence (DUI) or drives while intoxicated (DWI) (Note: it’s possible to be charged and convicted of a DUI/DWI as well as reckless driving) • Races with other motor vehicles • Evades law enforcement • Passes over a double yellow line on a two-lane highway • Texts and drives • Talks on a mobile device and drives • Passes a stopped school bus • Fails to provide electronic or hand signals Criminal Lawyer Free ConsultationWhen you need legal help with a criminal case in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Drug Crimes. Theft Crimes. Sex Crimes. White Collar Crimes. Assault. Battery. and Much More. 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
Divorce Lawyer American Fork Utah Does A Living Will Have To Be Filed In Court? via Michael Anderson https://www.ascentlawfirm.com/can-you-go-to-jail-for-speeding/ If you are facing a divorce litigation in Midvale Utah, seek the assistance of an experienced family lawyer. There are many family lawyers in Midvale. It’s important that you choose a family lawyer who can best help you. There are many lawyers out there but when you are fighting a divorce battle, you need a family lawyer. Don’t hire the first lawyer you come across. You need a family lawyer who specializes in divorce litigation. All competent Midvale Utah family attorneys are attentive and responsive listeners. Unfortunately, many not-so-competent lawyers are good listeners, too. Don’t evaluate a potential attorney on his listening skills—unless he has none. If the attorney you are interviewing cuts you off in midsentence to launch a heavy-handed lecture about what you and your children really need, cross him off your list immediately. Take as long as you need for your search. Don’t stop looking until you have compiled a list of at least three possibilities. Schedule an interview with each attorney on your list. Some attorneys charge their normal hourly rate for the initial consultation; others, a reduced fee. Many charge nothing at all for the first meeting. Don’t drop an attorney from your list of potential attorneys based on the cost of the initial consultation. Bargain hunting at this early stage may cause you to exclude an attorney exactly suited to your needs. As you prepare for these initial interviews with a Midvale Utah family lawyer, remember that you are the consumer, the lawyer’s services the product. It’s up to you to evaluate the experience and lawyering skills of each attorney you’ll meet. It’s up to the attorney to furnish the information required to make that evaluation. In order for you to gain the knowledge you need to make an informed decision, your first interview with each potential attorney must be a two-way exchange of information and philosophies. All your discussions with prospective attorneys, no matter how brief, are, under the law, privileged conversations. Whatever you divulge will generally remain confidential, so don’t be reluctant to be open and honest. The lawyer will probably ask you to describe your marriage briefly—its length, number of children (and their ages), the state of the family finances, your job, your wife’s job, and so forth. Then the attorney will want a concise history of the events and feelings that led to the decision to divorce. He’ll want to know what both you and your spouse have contributed to the breakup. It’s important that you answer the attorney’s questions as completely and as frankly as possible. To accurately assess the strengths and weaknesses of what will become your case, the lawyer needs to know all the facts, favorable and unfavorable. The natural tendency to “rewrite” the past must be avoided. Your self-delusion will distort the attorney’s perception of what needs to be done and how easy or difficult it will be to do it. When you believe you have found a competent professional attorney, a wonderful feeling of relief may wash over your battered psyche. You will be tempted to relax, secure in the belief that having a lawyer will solve all your problems. Instead of evaluating the attorney’s advice, you allow your lawyer to do whatever he or she thinks is best. You immediately take your counsel’s every suggestion without reflection. Before long, it’s not your case anymore. You have given up control. Don’t do it. Never give up control of your life to anyone—not your lawyer, not your spouse, not your children. Establish reasonable, realistic goals, and ask your attorney to advise you in achieving them. Your lawyer’s role should be to explain your legal options and offer an objective, informed analysis of the benefits and dangers of each course of action. Your role is to decide what to do. You should respect your attorney’s advice, but the final word should always be yours. After all, it’s your life (and your children’s) at stake. If none of the attorneys you interview seem to meet your requirements, resume the search. (You really have no choice.) Unless you live in a remote area, numerous skilled professionals are available. Keep looking until you find one you feel comfortable in retaining. If more than one of the attorneys you visit seem equally acceptable, base your decision on rapport. Admittedly, rapport is a vague term, encompassing instinctual feelings of trust, harmony, accord, and affinity. It is a personal reaction difficult to define but immediately recognized when it appears. When you believe you have found a competent professional attorney, a wonderful feeling of relief may wash over your battered psyche. You will be tempted to relax, secure in the belief that having a lawyer will solve all your problems.Instead of evaluating the attorney’s advice, you allow your lawyer to do whatever he or she thinks is best. You immediately take your counsel’s every suggestion without reflection. Before long, it’s not your case anymore. You have given up control. Don’t do it. Never give up control of your life to anyone—not your lawyer, not your spouse, not your children. Establish reasonable, realistic goals, and ask your attorney to advise you in achieving them. Your lawyer’s role should be to explain your legal options and offer an objective, informed analysis of the benefits and dangers of each course of action. Your role is to decide what to do. You should respect your attorney’s advice, but the final word should always be yours. After all, it’s your life (and your children’s) at stake. Regular contact with your Midvale Utah family lawyer is essential. You must be kept up-to-date on the status of your case and the activities of the other side. If your lawyer doesn’t provide regular status reports and seems unable or unwilling to return your calls promptly, you may have to consider finding a different attorney. On the other hand, don’t call your attorney every time you have an anxiety attack. It’s not unusual for a divorcing father to feel the need to contact his lawyer incessantly—especially during the emotionally charged initial stages of the dissolution process. Each and every interaction with his ex, no matter how casual, triggers a phone call. Every change he sees, or thinks he sees, in his children must be discussed with counsel immediately and at length, as must every custody case he reads about in the newspaper or hears about on talk radio. Mostly, the divorcing father calls his attorney when he is feeling down, or angry, or confused, or overwhelmed. Most experienced matrimonial lawyers understand and sympathize with the emotional trauma their clients are experiencing. Many will suggest peer-group support or professional counseling, and recommend providers of these services. Other attorneys, because they see themselves either consciously or unconsciously as the father’s savior (or hero, or champion), will attempt a form of counseling themselves. Some lawyers will serve as semipro psychologists because their years in family law have left them familiar with, and responsive to, the divorcing father’s pain. And a small number of divorce attorneys welcome frequent contact because they are being paid for these little gabfests. An even smaller number want to know everything about everything that happens to their clients. They are as emotionally involved in the case as the client. That’s not always a good thing. The dissolution process is a long, slippery road. Either the client or the lawyer has to be the designated driver. Early in your conferences with your attorney, reach an understanding about what information is important to your case and what isn’t. Keep a case journal to record these data. Don’t call these notes in your personal diary. Personal diaries can be subject to discovery. A case journal, on the other hand, might be viewed as a client/attorney work product and, as such, privileged.) Use this journal to keep track of significant events and behavior. Your attorney will provide an exact definition of what is and isn’t significant, but generally your journal should focus on parenting activities and communications between you and your spouse. Once you and your attorney agree on the kind of information he/she needs from you, keep subsequent discussions within these parameters. If you need someone to talk to about your feelings, don’t call your lawyer. Find a friend, join a divorced men’s organization, or see a divorce counselor. You’ll save a great deal of money and receive more useful support. Remember your Midvale Utah family attorney works for you. Ultimately, you are in charge. Your lawyer is required by law and professional ethics to zealously represent your best interests and carry out your instructions (unless they’re illegal). There will be times, however, when you should defer to your attorney. It makes no sense to hire a professional attorney and then reject or ignore that professional’s advice. When your lawyer tells you not to harass your ex‐ spouse, or not to overextend visitations, or not to squander marital assets, it’s because the attorney knows these actions will damage your case. Listen to these instructions and comply. If your lawyer tells you that a settlement offer is as good, or better, than what you would get if your case were to go to court, recognize that most seasoned matrimonial attorneys are aware of the tendencies of the courts in which they work. They know a good deal when they see one. Factor your lawyer’s experience into your decision. Unless you detect a fatal flaw in a settlement offer that your attorney favors, give the offer serious consideration. As your case progresses (or fails to progress), you may find yourself dissatisfied with your attorney’s performance. If your dissatisfaction reaches the point where you feel a change must be made, analyze your motives before taking that step. If your lawyer isn’t offering the emotional support you feel you need, or if a personality conflict has developed, remember that in your situation you need a professional attorney, not a friend. The fact that you find your attorney to be rude, or aloof, or just plain annoying is not a valid reason to make a change. That decision should be based on an honest, objective answer to one simple question: Is he or she representing you competently and aggressively? You consider looking for new counsel only if one or more of the following criteria applies: • You are spending a lot of money and seeing no activity or results. • Your attorney does not understand or agree with your custody objectives. • There is no communication from your attorney except requests for money. • The attorney ignores your instructions without reasonable explanations. • The attorney seems to be much too friendly with your spouse’s counsel. • The attorney is too busy (or not interested enough) to devote the time your case requires. If it does become necessary to change attorneys, don’t do so until you are confident that you have found an able and willing replacement. Severing your relationship with a lawyer you find unsatisfactory requires no explanation; a simple one-sentence notice is sufficient. You must, however, be prepared to pay off any reasonable outstanding fees. Some lawyers won’t release the file until they are paid in full. Although a change in representation may be necessary and beneficial in the long run, don’t make a habit of it. Each time you make a change, it will take time for your new attorney to assimilate and understand the details of your case, which will be yet another hurdle to overcome. When you are fighting a divorce battle, your Midvale Utah family lawyer can be your best friend. It’s important that you choose an attorney with whom you are comfortable. Utah divorce law is complex. Don’t go for the attorney who quotes a fee that you think is way below the standard rate. It can prove costly in the long run. Make sure you understand the fee agreement you have with the attorney. Don’t change your divorce attorney midway through your divorce unless it is absolutely necessary. Family Lawyer Midvale Utah Free ConsultationWhen you need legal help with a family law matter in Midvale Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. Estate Planning. Probate. Real Estate. Asset Protection. Divorce. Child Support. Child Custody. Modifications. Alimony. Adoptions. Guardianships. Conservatorships. And Much More. 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
What Happens When You Go To Court For A DUI? Divorce Lawyer American Fork Utah via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-midvale-utah/ The truth is, you shouldn’t. You could lose all of your property if you don’t do it right. You should at least call Ascent Law and have a free consultation before deciding to file a chapter 7 bankruptcy case on your own. In Chapter 7, if the borrower has resources not secured by an exclusion, a court delegated trustee may sell the advantages and convey the net continues to leasers as per the needs settled in the Code. In return, the borrower gets a release of his own risk for generally obligations. In practically 99% of individual bankruptcy cases, the trustee shuts the case without selling whatever had a place with the indebted person. A person’s qualification to document Chapter 7 is dictated by the methods test founded with the 2005 revisions to the bankruptcy code. Some high workers may not meet all requirements for Chapter 7 if their obligations are basically shopper obligations. With the assistance of experienced bankruptcy legal advisors, the vast majority who need to record Chapter 7 can do as such. Chapter 7 is commonly the least complex and speediest type of bankruptcy and is accessible to people, wedded couples, organizations and associations. The case is started by documenting the official appeal, calendars and proclamation of money related undertakings. These structures brief you to list the majority of your advantages and the majority of your obligations, alongside some ongoing money related history. It is significant that each bank is recorded in the timetables with an exact street number. You should list the majority of your obligations, regardless of whether the obligation is non dischargeable or on the off chance that you mean to reaffirm the obligation. The timetables additionally list your property, any obligations verified by that property, and the deal estimation of the property. “Property” here signifies “resources” or “assets”, not simply land. More on property in bankruptcy. The timetables are marked under punishment of prevarication. False or rashly off base timetables can keep you from getting a release. The timetables are documented with the bankruptcy agent in the region in which you live, or have lived for most of the most recent 180 days. For most purposes, the privileges of the account holder and the banks are those that exist on the day the case is documented. The majority of the procedures in bankruptcy after the recording identify with the circumstance as it was on the day the case was documented. The programmed stay becomes effective after recording the appeal, making a lawful boundary to accumulation activities by leasers. The court names a trustee and pulls out to all lenders recorded in your timetables that you have declared financial insolvency. You will get a duplicate of that notice in the meantime it is sent to leasers. The indebted person must show up at the “principal meeting of leasers” (additionally assembled the § 341 conference from the area of the Code that depicts the gathering.) The trustee can ask the borrower inquiries having sworn to tell the truth about resources and liabilities. Loan bosses can likewise scrutinize the account holder regarding those matters, however in fact, only here and there appear at the gathering. On the off chance that there are resources which are not absolved, the trustee assumes responsibility for those advantages. Regularly, the trustee will offer to sell back to the account holder any benefit that has unprotected worth. From the closeout of benefits or the recuperation of avoidable exchanges, the trustee pays the costs of the organization of the case, at that point conveys any outstanding assets to banks with permitted claims, as per the need of the cases. The trustee may survey your pay and cost timetable to check whether you have enough cash left after your present everyday costs to pay something to leasers. More on “generous maltreatment”. Any wages the account holder wins after the case is started have a place with the indebted person. Those post-documenting income are past the span of leasers who had dischargeable cases on the date of recording. For the most part, the main obligations the borrower has as for the bankruptcy after the 341 gathering is to coordinate with the trustee in giving any data mentioned by the trustee and to finish the required indebted person instruction class. Since the bankruptcy release does not dispose of liens on resources the account holder brought to the bankruptcy, the bankruptcy calendars incorporate an “announcement of expectations”. The bankruptcy filer pronounces what he purposes to do regarding verified obligations. Account holders are relied upon to perform on their communicated goals to either return, reclaim or reaffirm property that is guarantee for verified obligations. Loan bosses and the trustee have a multi-day time span from the 341 gathering in which they may provoke the indebted person’s entitlement to a release (Bankruptcy Code § 727) or the dischargeability of a specific obligation (Bankruptcy Code § 523 (a) (2), (4), and (6) by recording an enemy continuing. Except if an activity to deny the account holder a release is recorded, the request accommodating the release of obligations is issued by the court not long after the multi day time frame lapses. The documenting of a challenge to the release of a specific obligation does not avert or defer the passage of a release of the equalization of the borrower’s obligations. Indebted individuals must finish a course of monetary instruction from an endorsed supplier so as to get their release. The class is commonly a few hours and is accessible online from a few suppliers. Inability to get the class and record the authentication of finishing of that class can result for the situation being shut without section of a release. The court may charge another recording expense to revive the case, document the testament and enter the release.. Singular account holders get their release inside 4-6 months of recording the case. The release wipes out close to home risk for dischargeable obligations that existed at the initiation of the case. Certain obligations endure a Chapter 7 bankruptcy since they are excepted from the release by law: need charges, family support, understudy advances, and liens are among the sorts of obligations not released in Chapter 7. Any obligations that were reaffirmed likewise endure the bankruptcy as an individual risk. Chapter 7 bankruptcy is the neutron bomb of obligation the board and resource security. A Chapter 7 is snappy (a couple of months), and very complete with regards to clearing out uncollateralized debt like Visa and medicinal obligations. You might need to spare it for when you truly need it- – you can utilize Chapter 7 bankruptcy just once at regular intervals. Then again, your specific mix of obligation, salary, and property might be an ideal fit for bankruptcy insurance. Most by far of individuals who end up petitioning for financial protection truly need it. To start the bankruptcy procedure in the condition of the Utah you should order your present pay sources; major monetary exchanges throughout the previous two years; month to month everyday costs; obligations (verified and unbound); and property (all advantages and assets, not simply land). You should likewise gather your expense forms throughout the previous two years, deeds to any land you possess, your car(s) titles, and the records for any credits you may have. You can discover two sorts of data required for an Utah bankruptcy on the site of the U.S. Trustee: implies testing figures and endorsed credit directing suppliers. When you seek financial protection in Utah, you should contrast your pay with the middle pay for a family unit of your size in Utah. In the event that your pay is not exactly the middle, you will be qualified to petition for Chapter 7 and, on the off chance that you record for Chapter 13, you can utilize a three-year reimbursement plan (as opposed to five years). This is known as the methods test. On the off chance that your pay is over Utah’s middle pay, despite everything you may fit the bill for Chapter 7, yet you’ll need to give nitty gritty data about your costs and installments on tied down obligations so as to discover. Most Chapter 13 filers additionally need to give this data. Means test information. Prior to recording a Chapter 7 bankruptcy case, you’ll have to ensure that your pay qualifies and that you’ll pass the “signifies test.” If your family salary is lower than the Utah median, you’ll pass. Regardless of whether your family pay surpasses the middle, despite everything you may go in the wake of subtracting permitted costs. It will rely upon whether you have enough cash left over to make an important installment to your leasers. The U.S. Trustee distributes the methods test figures on its site (select “Signifies Testing Information”). In the event that you document a Chapter 13 bankruptcy, a figuring like the methods test will enable you to decide your regularly scheduled installment. Practically all filers should finish a session with a credit advising administration before recording a bankruptcy case. You should take an obligation the executives course subsequent to documenting as a state of accepting a release. The affirmed suppliers are on the U.S. Trustee’s site under “Credit Counseling and Debtor Education.” Scroll down to discover the District of Utah. When you have accumulated this data, either all alone or with the assistance of a lawyer, you should then figure out which property you accept is excluded from seizure dependent on the Utah exclusions. To really record, possibly you or your lawyer, should document a two-page appeal and a few different structures at your Utah region bankruptcy court. These structures, on the whole are alluded to as the calendars and request that you portray your current money related status and later budgetary exchanges (ordinarily inside the most recent two years). In the event that your loan bosses or the judge feel or discover that you have not been totally pending in your bankruptcy recording, it could risk the result of your appeal. The expense for documenting a Chapter 7 bankruptcy is $306. This expense may not be postponed but rather you might almost certainly pay it in portions. When you have documented your desk work with the bankruptcy court, a programmed stay promptly becomes effective. This arrangement keeps banks from reaching you or asserting some authority on any of your property from the day of recording forward. This will stop any abandonment procedures. After recording, the court will accept legitimate control of your obligations and any property not secured by your Utah exceptions. A trustee will be named to your case by the court. The activity of the trustee is to see that your loan bosses are paid however much as could be expected. This individual will completely audit your administrative work, especially the benefits you currently possess and the exceptions you wish to guarantee, and can challenge any component of your case. Around a month in the wake of recording, the trustee will assemble a first conference of loan bosses, which the indebted person must visit. This procedure is likewise alluded to as the § 341 gathering, named after the relating segment of the bankruptcy code. Loan bosses seldom go to a Chapter 7 bankruptcy gathering; a couple of leasers may go to a Chapter 13 meeting, particularly if there is an inquiry with regards to the authenticity of some part of the arrangement. Protests are regularly settled by arrangement between the account holder or the indebted person’s guidance and the lender. On the off chance that a tradeoff cannot be achieved, a judge will mediate. The gathering of loan bosses regularly keeps going around five minutes. You will get notice of the area of the gathering yet you may contact the court to affirm the location and time. (see Utah Bankruptcy Court Directory) Most Chapter 7 filings include no non-excluded resources, be that as it may, on the off chance that you petitioned for Chapter 7 and do have non-absolved resources, you should turn over non-absolved property (or its equitable incentive in real money) to the trustee after the gathering. The trustee will sell this property and disperse the returns to your loan bosses. In the event that the property does not merit a lot or would be difficult to sell, the trustee may choose to surrender the property (and return it to you). Trustees and leasers have 60 days to provoke the indebted person’s entitlement to a release. In the event that there are no difficulties, you will get a notice from the court that your dischargeable obligations have been released inside three to six months. Chapter 7 bankruptcy lawyer expenses in Utah commonly run somewhere in the range of $1,100 and $2,000. When all is said in done, the administrations of a bankruptcy lawyer are worth unmistakably more than $1,100. On the off chance that you make not exactly the Utah state middle, just have a couple of leasers, don’t possess a business, and have not gotten various accumulations, decisions and suits, at that point you might be cited a charge as low as $1,100. Moreover, in the event that you are over the Utah state middle, with a normal bankruptcy case, you presumably don’t should spend more than ,500 in lawyer charges. The normal bankruptcy case in Utah will run you roughly ,100-,700 in lawyer expenses, in addition to the extra $400 for court documenting, credit report and credit directing. Along these lines, when you see a bankruptcy advertisement for $995 — you ought not naturally accept this is your out-of-pocket cost. There is a contrast between the bankruptcy “lawyer charges” and your genuine “out the entryway” cost. Ensure you comprehend the “out of pocket” and “out the entryway” last expense for the majority of your charges. Bankruptcy Lawyer Free ConsultationIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
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Can My Husband Divorce Me Without Me Knowing? Family Lawyer West Jordan Utah via Michael Anderson https://www.ascentlawfirm.com/how-do-i-file-chapter-7-on-my-own/ The law of divorce has changed a lot since the first divorce laws were passed in this country. If you are seeking a divorce consult with an experienced American Fork Utah divorce lawyer. Utah divorce law is complex. The lawyer can help you navigate the complex maze of Utah divorce laws. During the first half of the nineteenth century, contests about political, religious, and economic roles of husbands and wives were prevalent throughout the North and West. Debates about limiting suffrage to male property owners emerged early in the century. Civic responsibility came to be shared among a larger class; property restrictions on male voting waned. As men moved out of the home to work, women gained recognition as teachers of domestic, cultural, and religious values. In many areas of the country, and in parts of Utah, both spouses acquired new roles. Husbands and fathers, while retaining their position as political governors, became breadwinners. Wives and mothers, while continuing their household chores, became teachers and moral beacons. Faith also became more democratic. Salvation for many became an individual decision to be made rather than an outcome to be imposed by God. Women, deprived of political and economic power, often were attracted to this devotional message and integrated its teachings into their family life. Since salvation required good deeds on earth, maintenance of an observant family became an essential good deed for women. Throughout, however, patriarchal families remained central, as a place for faithful religious observance, a site for inculcation of cultural values, and a training ground for adult exercise of civic responsibility. Modification of marital property rules throughout the nation during the first decades of the nineteenth century, like changes in political and religious structures, left the essential features of the patriarchal family intact. Upon marriage, common law rules used in much of the nation during the Revolutionary War era gave a husband ownership of almost all of the personal property of his wife as soon as he reduced it to his possession. In addition, he also gained management rights over her real property for the life of the marriage. Upon the birth of a child, control over the wife’s real property was extended to the lifetime of the husband. While early nineteenth-century reforms allowed some deserted women to regain their property or their economic independence and married women’s property acts precluded attachment of a wife’s property by creditors of her husband, men retained control over the central economic features of intact families. While the headlines focus on child support, the damage to the family far exceeds the monetary hurt. Living with one parent in and of itself places a child at risk for a host of negative experiences. When the child whose parents split up is not even seeing the other parent, the consequences can be more severe (as will be discussed). In neighborhoods with a high rate of father absence, there are higher rates of poverty, public assistance families, and high school dropouts. Fatherlessness (and to a lesser extent, motherlessness) cuts across all races and economic classes. An experienced American Fork Utah divorce lawyer can assist you in your custody battle. In a custody battle, a frequently litigated change of circumstance is the presence of a live-in companion of the custodial parent. As mentioned earlier, courts approach this matter in very different ways, but the critical issue should always be the effect that the relationship has on the children. In a highly publicized Rhode Island case, a court ordered a custodial parent to refrain from allowing any unrelated males from making overnight visits while the children were in the house. And yet in another state a court ruled that a mother could not be prevented from permitting overnight visits by unrelated males unless there was evidence that it directly affected the welfare of the children. Indeed, there is no single guiding principle for this issue except that courts are supposed to be looking out for the interests of the children rather than using these cases to impose their own morality. But what is “best” for the children is often a subjective consideration, and custody has been lost on the basis of a court’s decision that the children would be better off in the other parent’s household. Fathers who don’t pay child supportIf your ex-spouse is not paying the child support as ordered by the court, speak to an experienced American Fork Utah divorce lawyer. There are many categories of fathers who don’t pay child support. One category outlines what has been termed the “overextended parent.” There are a number of variations of this type of man. The first is a man who was so eager to get out of his marriage or felt so guilty about leaving the marriage that he agreed to undertake an unreasonable level of child support that he was then unable to fulfill. This type of man is often described as relatively immature and naive, with little idea about what it takes to support two households. Once he falls behind on his support payments, it becomes virtually impossible for him to catch up. Thus the delinquency stems from his inability to meet the obligation, and often he eventually gives up even trying. The second variation largely includes men who start out paying the prescribed amount, but within a couple of years — often after comparing notes with other divorced fathers — they come to believe that their burden exceeds that which others are obliged to pay. This type of man is likely to become angry, but rather than go back to court to seek a modification of his payments, he unilaterally reduces the payment on his own. This type of man does not perceive himself as a delinquent because some payment is still made, but it is inadequate to meet the needs of the children. A third type of man who becomes an overextended parent is the noncustodial father who remarries, giving rise to a second family. When he has insufficient financial resources to meet the demands of both families, it is invariably his current family that gets taken care of and his noncustodial children that suffer. As an aside, it has been observed that many men who have sufficient resources are often more diligent about making support payments when they remarry and have a second family. While this may be counter-intuitive, the reason may be that men who remarry are family oriented and consequently more concerned about the welfare of their children. Finally, the fourth variation of the overextended father is one who becomes ill or unemployed; instead of going to court and having his payments reduced or temporarily suspended, he ignores the situation, engages in denial to avoid dealing with his payment problem, and merely drifts into delinquency without assuming any responsibility for his plight. When the problem inevitably catches up with him, he is the one who feels victimized by the system and adopts a hostile, rather than conciliatory, posture. Since disagreement over money is a major source of conflict in many marriages, particularly those that fail, withholding money is a way of keeping those past disputes alive. Where there was a high level of conflict between the parents prior to their separation, there is likely to be a high level of unresolved conflict subsequent to the divorce. In such high-conflict cases, withholding child support payments is not an unusual way for feelings of revenge to be expressed. Also, men who feel that they have been unfairly treated by the court may believe that the financial settlement is unjust and that withholding child support payments is warranted. These men feel discriminated against by the legal system, hostile toward the world, and believe their ex-spouses are responsible for the injustice. Little regard is given to the effect that this vengeful behavior has on the children. The third category of deadbeat dads are those men who do not make child support payments because of the emotional pain that is wrapped up in the divorce process. There appear to be two types of situations that provide these men with a rationale for withholding child support. The first is the man’s intense emotional reaction to his marriage falling apart and his becoming an absentee parent. His feeling shut out of the family is intensely painful to him, and one way of coping with his emotional distress is by distancing himself from the children. The very process of establishing distance, which may be both physical and emotional, protects him from pain but also causes him to become alienated from the family. What then emerges is the rationale that since he is no longer part of the family, he need not assume any of the financial responsibility for it. Thus, to cope with the pain of losing custody of his children, he pushes them away and ignores their needs. The second type of situation within this category occurs when there is a dispute over visitation. Here an otherwise caring father is denied the amount of visitation that he wants with his children and withholds support as a way of forcing his ex-spouse to acquiesce to his visitation requests. The fourth and largest category of deadbeat dads are those fathers who simply behave in an irresponsible manner with respect to their children. This type of man may disappear, not because he is overburdened per se and not because he is angry or vengeful toward the mother of his children. Many simply have no interest in parenting. Their role models have either been extremely poor or nonexistent and, not having themselves been treated well as children, they feel no responsibility to care for their own children. They rarely think about the children and may not even think of themselves as the parent. For this type of man, children have little meaning in his life and he feels little obligation on their behalf. He certainly would not go out of his way or change his established pattern of behavior, nor would he consider working harder to make more money in order to provide for the children. This category includes the father who participated in bringing a child into the world but who has little or no sense of what it takes to rear that child. This kind of man often feels as though he was trapped by the woman and therefore believes that he is entitled to abdicate responsibility for the child. Finally, there is a small category of men who are said to be going through what has been termed the “New Life Syndrome.” This type of man is egocentric and self-absorbed. While many deadbeat dads also tend to be self-centered, most seem to have some rationale for their behavior other than merely their own self-interest. This type of deadbeat is different: he needs no justification for his delinquency other than his own desires. He puts himself first; he feels entitled to have his needs met above all others, including his children; and he offers no excuses for his behavior. When there is joint child custody, a factor often related to compliance with child support obligations is the length of time that the children live with the father. When children stay with the father for periods of weeks or even months at a time (such as on holidays or school vacations), there is a tendency for payments to be withheld or reduced at those times because the father perceives himself as already supporting the children. Extended visits are frequently viewed by fathers quite differently than shorter stays, because of the length of time and cost involved. Yet this may be inevitable when father and children live geographically distant from one another. The children have to travel far to visit their father, and therefore the visits tend to be less frequent but longer. Often this changes, however, as children get older. Adolescents become reluctant to leave their friends for extended periods, resulting in their visits with fathers becoming less frequent. The reduced time together is likely to diminish the emotional connection between father and children, and the resulting alienation serves to diminish the father’s commitment to meeting his child support obligations. While this is not universally true, the level of contact between a father and his children is generally considered to be a significant factor in child support payments being made. Men who see their children irregularly are more likely to abdicate their financial responsibilities to them. The remarriage of either or both spouses often creates another obstacle to continued child support payments. If the mother remarries and the ex-husband continues to maintain hostility against her, he may feel betrayed and angry at her new relationship. Her remarriage gives him an excuse to terminate payments upon the rationale that her new husband will provide for the children and his support is no longer necessary. This is a typical reaction when it is the ex-wife who remarries. When it is the ex-husband who remarries, there seem to be two possible paths. When economic resources are limited, a father is often faced with the difficult task of trying to maintain a good standard of living for his new family while at the same time struggling to keep up with his child support payments, which his new wife will often pressure him to reduce, or even stop. On the other hand, fathers who have an adequate income when they remarry frequently continue to make their child support payments, particularly if they are able to maintain a relationship with the children. A very important consideration that affects full and timely child support obligations being met is the prior and existing relationship between the children’s mother and father. Factors include: the length of the marriage, the quality of the relationship during the divorce process, and the continuing level of attachment and interaction between the parents. Marriages that lasted a long time appear to result in a greater financial and emotional investment on the part of both parents. This interdependency between the parents may foster or facilitate an enduring attachment between them, which thereby reinforces their commitment to cooperate in the upbringing of their children. By the same token, parents who relate to each other in a relatively non-hostile manner during the divorce process also increase the likelihood that support will be paid. A poor quality of relationship between the ex-spouses often gives rise to the father expressing his negative feelings through noncompliance with support obligations. Thus, to the extent that a good relationship between former spouses can be maintained, it will reinforce the mutual commitment to their children and is likely to lead to greater compliance with child support obligations. Another element that is likely to influence the continuity of child support is whether the obligation was arrived at by agreement or by court order. An agreement generally gives both parties an opportunity to exercise some control over the amount and frequency of the payments. This reduces the likelihood that the father will feel that he has been treated unjustly by the legal system. A feeling of being victimized often provides an excuse for not fulfilling financial responsibilities to the children. Perhaps the single most important component is the degree of likelihood that the order will be enforced. Many fathers will not voluntarily pay child support to their ex-wives unless they are confronted by an authority that is willing and able to track them down and employ enforcement mechanisms. Compliance rates are significantly higher when there is a court-monitored system for collecting child support and where there is a certainty of recourse (e.g., fines and/or jail) for noncompliance. In the absence of a perceived direct relationship between non-payment of child support and punishment, many fathers simply will not pay. The burden of collecting child support still falls primarily upon the mother, whose responsibility for pursuing payments that are in default often seems overwhelming and unmanageable. Many women become discouraged with having to deal with a slow and generally unresponsive legal system, trying to locate the whereabouts of an ex-husband, and finding the time, energy, emotional strength, and financial resources to carry a legal action forward. The Single Mother Who Doesn’t Receive SupportThe burden of collecting child support still falls upon the parent, and how she responds to a deadbeat dad has a significant impact on the likelihood of her obtaining child support payments. Indeed, the attitudes and responses of many custodial mothers contribute to the problem. Those who do not pursue child support in an effective and timely fashion reinforce, to both themselves and the deadbeat dad, that they are either unwilling or unable to stand up for the rights of their children. There are several types of women whose reactions or inaction contributes to the problems they encounter in receiving child support payments. One type of woman is inappropriately passive and believes that someone will come along and take care of her. These women are often young and may never have had the responsibility of living on their own. When their relationship or marriage ends, they naively believe that the children’s father will continue to provide financial support. It is a rude awakening indeed when he does not, and often for the first time she finds herself on her own. She must assume sole support of her children or figure out a way to get the father to pay his share. Many such women attempt to engage a lawyer, but soon realize such a route is complicated and expensive. Others find the responsibility for pursuing a legal remedy when payments are in default to be overwhelming and unmanageable. They find that they must deal with a slow and generally unresponsive legal system. But for so many women, finding the time, energy, emotional strength and financial resources to carry the legal action forward is more than they can muster. Passive women also fail to follow through with the federally funded agencies that are available to provide assistance. While the services provided by these agencies are generally free of charge, they require monitoring and persistence, since the case workers are generally overburdened and the process is typical of large bureaucracies. A woman who relies on federal or state services must be prepared to pursue the case workers on a regular basis and insist that all available avenues of recourse be exhausted. A second type of woman who may encounter difficulty in working through a bureaucratic government agency is the woman who is anxious and angry. She frequently deals with her frustrations poorly by flooding the child support agency with highly emotional calls and letters and by irritating the case workers who are overwhelmed with cases but who are nonetheless trying to help. While the long-held maxim that “the squeaky wheel gets the grease” may be true in many instances, this type of woman tends to be so overemotional and overbearing in her efforts to gain assistance that she actually works against herself as she alienates the very people who can help her. Finally, there are still other women who have never taken steps to get a child support order. Some are women whose children were born out of wedlock; because they never married they erroneously believe that their children are not entitled to child support. Others fail to secure an award because they feel disgraced, do not want to get involved with the legal system, or would rather rely on their family for support. In the latter group are those who choose not to have any relationship between father and child and decline support in order to prevent such a relationship. This includes women who never even tell the father that he has a child. What a Woman Can do to Facilitate ComplianceIn recent years state and federal governments have instituted significant new methods for locating delinquent fathers and making them meet their child support obligations. It is clear, however, to anyone who has been involved in child support collection that practical solutions are much more effective than agency or judicial proceedings. Adversarial confrontations drain everyone involved of precious and scarce time, energy, and money. They may even have negative effects on the children by maintaining a high level of post divorce turmoil. Understanding the delinquent father’s motivation can sometimes be helpful in gaining his compliance. When there is a good relationship between ex-spouses, there tends to be greater compliance with child support payments. Assuming the custodial parent’s goal is to ensure the best interests of the children, and that compliance with child support obligations promotes that goal, the first task is to establish and maintain as good a relationship as possible. This may mean consciously putting aside grudges and lingering feelings of anger toward an exspouse. This is often not easy, since divorce is usually acrimonious and leaves a legacy of bitterness and disappointment. Yet it is this very lingering conflict during the post divorce stage that is often used by the noncustodial father to rationalize his failure to make payments. A woman seeking to ensure compliance with support obligations should attempt to work through or set aside negative or hostile feelings in order to minimize conflict with her ex-husband. This is also likely to improve his relationship with the children, which will also increase the likelihood of paying support. It is important to reiterate here that an agreement reached voluntarily by both parties is more likely to work than is one that is ordered by the court without participation and agreement of the parties. While it is important to formalize any private agreement by presenting it in court, a mutually negotiated and voluntary agreement is more likely to be honored by the parties. Once again, this requires the parties to be able to set aside negative feelings, focus the negotiation on the welfare of the children rather than continuing pre-divorce conflicts, and to arrive at a child support agreement that both parties feel has tried to accommodate their needs. While it may be important to settle such practical matters as how and when child support payments will be made (e.g., by check through the mail, by deposit made into a bank account, by electronic funds transfer, etc.), an important concern of fathers is that they be able to exercise a degree of control over their obligation. Sometimes those who feel little control will use this as a rationale for nonpayment. For example, if the children are older and it is important to the father to demonstrate to them that he contributes to their support in a significant way, he might make payments directly to their school, to extracurricular activities, or even purchase necessities himself. Many noncustodial fathers also feel a loss of control over the decision-making process concerning both how their children will be raised and how the money that they pay will be used. Fathers frequently feel that their money goes into a “black hole” controlled by their ex-wife, who they often suspect uses it for herself and not the children. Whether these fears and suspicions are real or fabricated to avoid payment, often the result is that the children do not receive the support that is due. An instrument that has emerged to deal with this, as well as to negotiate a voluntary agreement, is mediation. Mediators are usually professionals trained in the art of negotiated settlements. A mediator can be hired by the parties or suggested by the court to devise a workable agreement. The mediator is not aligned with either party, but is engaged to facilitate accord. All parties have an opportunity to express themselves and to voice their needs and concerns. The process is intended to allay fears, deal with defensiveness and rationalization, create problem solving, and consider the needs of all the parties, particularly the best interests of the children. Child support agreements that are voluntarily established through mediation have higher rates of observance than those that are ordered by the court. Women who are concerned about compliance should make every effort to negotiate their own settlement and should be aware of the positive results obtained through mediation. Another issue closely related to maintaining child support is the degree of emotional connection between a father and his children. If conditions become such that fathers lose their sense of closeness or connectedness with their children, the likelihood of their keeping up their support is diminished. This can occur as time goes by and the father sees less and less of his children because they get older and develop their own relationships. It can also occur if the father or children move far away from one another. It also happens to some men when they remarry and develop new allegiances and responsibilities. Regardless of the reason for the estrangement, the deterioration of the emotional connection between a father and his children significantly affects his commitment to their financial support. It is very important that the father be assisted in maintaining his relationship with his children. Regular visits are important. Having the father participate in decision making around important child issues is crucial. Both reinforce the bond between a father and his children. Even if regular visitation or paternal participation is not feasible (or perhaps desirable), other steps can be taken to keep the father informed, and thus involved, with his children, albeit on a more superficial level. It is important to make every effort to keep him in touch with the children’s development, their accomplishments, and their needs. Pictures can be sent regularly. The children themselves can send notes and memorabilia related to their interests and accomplishments. Every effort that keeps him in contact with his children will enhance the likelihood of their getting the child support to which they are entitled. Federal courts typically do not claim jurisdiction over matters of divorce, alimony, or child custody. Implications of this limitation are that custody decisions are not appealed to the U.S. Supreme Court, and general national trends are discernible primarily at the state level of appeal through an examination of case law. In 1970, the National Conference of Commissioners on Uniform State Laws adopted the Uniform Marriage and Divorce Act. The American Bar Association ratified it in 1974. Consistent with no-fault legislation and the move toward gender equality in matters of divorce, the UMDA adopted the best interest of the child (BIOC) standard for child custody decision making. Five criteria were suggested for use with the BIOC standard: (a) the wishes of the child’s parent or parents as to his/her custody; (b) the wishes of the child as to his/her custodian; (c) the interaction and interrelationship of the child with his/her parent or parents, his/her siblings, and any other person who may significantly affect the child’s best interest; (d) the child’s adjustment to his or her home, school, and community; and (e) the mental and physical health of all individuals involved. Conduct of the proposed custodian that does not affect his/her relationship to the child was not to be considered. The UMDA represented a national commentary on child custody standards, and, since 1970, all 50 states have translated aspects of the BIOC standard into either statutes or case law. On the international level of policy making, the United States is one of 30 countries that has adopted the Hague Convention on the Civil Aspects of Child Abduction. This convention is used when a child has been wrongfully taken away from his or her place of “habitual residence” against the wishes of the custodial parent. The convention is used by the state and federal courts to return the child to the place of habitual residence where substantive issues of custody can be heard. The Hague Convention cannot be used to evaluate issues of best interest, only the issue of wrongful removal from the habitual residence. The BIOC standard is a substantive guideline for custody decision making that focuses on the life situation of a particular child and involves the consideration of a list of relevant factors in determining with whom the child should be placed. Many states require the use of a specified subset of these factors to decide contested custody cases and ask judges to consider all relevant factors without systematic (i.e., across all cases) preference to any one factor. It is the purest application of the BIOC standard and, because of the open-ended consideration of factors, the most complex decision-making standard. It is favored by some because it respects the individual situation of each child, allows the child due process in terms of having a variety of factors considered, and because many of the other proposed rules have been judged as inequitable or unsubstantiated by empirical evidence. However, the unweighted BIOC standard also has been criticized as too individualistic and indeterminant (relying on judges’ personal values and normative beliefs rather than societal ones), resulting in heavy demands on judicial and court resources and increased litigation. Thus, the unweighted BIOC standard seems to have merit when evaluated using some child-based values, but is problematic when evaluated using criteria focusing on logistics and selected societal values and normative role patterns (e.g., children should be placed with the person who provided the most frequent and consistent care). Consequently, several intermediate rules have been championed, with the differing rules being favored by some and disdained by others. These rules include the tender years doctrine (equated by some with the maternal presumption), the psychological parent preference, the primary caretaker preference, the preference for joint custody, the child wishes rule, and the approximation rule. Potentially, each of these intermediate rules can be used to define the BIOC and, when used as such, carry preferential or presumptive weight in the decision-making process. Tender Years PresumptionThis presumption orders the court to assume that the best interests of the child are met when the child remains with the mother. It surfaced in the 19th century, and the definition of tender years expanded from infancy to the teen years during the 20th century. Determination of maternal fault for the marital breakdown and/or evidence of maternal unfitness were required to overrule the presumption. During the 1970s, the tender years presumption was deemed unsuitable in determining the BIOC in most states. Political, legal, and social norms highlighted the importance of gender neutrality, and many states decided the tender years presumption violated the Equal Protection Amendment of the Constitution and/or was not good public policy. Child SupportRegardless of financial resources, parents have a legal duty during and after marriage to support children below the age of majority (i.e., legal age), including those born outside of wedlock. Post-divorce support of children is intended to maintain the marital standard of living. Amount of support required is based on current needs; therefore, it is modifiable if there has been a change in circumstances that warrants reconsideration. It is ironic that, in the face of an established parental duty to support, the early courts looked to the custodial parent’s financial stability rather than considering the noncustodial parent’s duty to support. Today some courts are unwilling to increase child support if the increase would improve the custodial parent’s standard of living along with the child’s. At the same time, even though a court may be reluctant to award enough support for a mother to stay home or obtain excellent care for children, the same court may question whether a working mother should get and/or retain custody. Modification of SupportThere are a number of circumstances under which modifications are made. Examples include a reduction in the income of the supporting parent (however, this is rarely effective even if the supporting parent has been incarcerated or either a formal or informal agreement to a reduction. Termination of SupportThere are several reasons why support may be terminated before a child reaches the age of majority. In some states if the supporting parent dies, support is terminated, but in some, death does not result in automatic termination; inheritance and life insurance are used to continue support. Another reason for terminating support is the emancipation of the minor child; that is, the child is accorded legal status before reaching the age of majority. Examples include marriage, entry into military service, leaving the parent’s home and refusing to follow parent’s wishes, or becoming economically independent through employment. Adoption by a parent who replaces the supporting parent is also a possible reason for termination of a support obligation. It is also possible for support obligations to be terminated if visitation by the supporting, noncustodial parent is denied. It is commonly thought that the reason why men refuse to pay child support is that they are denied opportunity to visit their children. Although studies have found no correlation between child support compliance and complaints about visitation, some courts have interpreted visitation and support decrees as mutually dependent contracts. Indeed, when visitation privileges or joint custody were awarded to fathers, almost 80 percent of mothers were awarded child support, but when neither visitation privileges nor joint custody were awarded to fathers, only about 30 percent of mothers were awarded child support. In cases in which a child has refused to see the custodial parent, courts have terminated support. Also, in extreme cases, such as concealment of the child by the mother, some courts have refused to make fathers pay unpaid support, maintaining that concealment is a waiver of support even though the child or spouse has been abused by the father. Child Support EnforcementThe problems most common to child support are those associated with enforcement. Courts have used various civil and criminal remedies to enforce the payment of child support obligations, including contempt of court, income withholding in cases of arrearages, criminal prosecution, income tax refund offsets, guarantees for nonpayment such as bonds and liens, and termination of parental rights. Since the mid-1970s, the federal government has been actively involved in enforcement efforts. There are two sides to federal involvement in child support enforcement. Both have grown out of efforts to obtain child support from fathers of children who receive AFDC benefits. The Child Support Enforcement Act (Pub. Law No. 93–647) was passed in 1975 and included establishment of state child support agencies, state and federal parent locator services, and the federal Office of Child Support Enforcement operated by the department of Health and Human Services. This law and its amendments put in place a number of strategies for finding fathers and forcing them to pay child support. On the negative side of federal involvement, mothers of children who receive AFDC must identify the father of the child, a requirement that only affects poor, unmarried mothers. This legislation gives the government an unconstitutional right to intrude in the lives of poor, unmarried mothers. The United States Supreme Court agreed in Shapiro v. Thompson (1969), indicating that the interest of the state in preserving its fiscal resources did not justify an invasion of the constitutional rights of poor women. Later, when the issue was unannounced home visits by social service personnel to insure that there was no father in the home, the Court took a different position. The visits had been objected to as a violation of Fourth Amendment protection from unlawful search (a part of the logic of the right of privacy), but were upheld by the majority opinion of the Court (Wyman v. James, 1971) with dissents from Justices Douglas, Marshall, and Brennan, who pointed out the jeopardy to constitutional rights brought on by acceptance of welfare benefits. To date, this violation of the rights of poor, unmarried mothers to privacy and familial autonomy is a problem that has not been resolved either by statute or Court interpretation. On the positive side, for a mother who wants to find a father and enforce his payment of child support, resources have been improved. This is especially true in cases in which parents no longer live in the same state. Although all states including Utah now have laws to deal with problems of enforcement of support obligations when one parent moves out of the state, getting these laws in place has been a long and frustrating problem for both parents and courts. Initially, when a parent moved out of the jurisdiction of a court, the laws that were used to exercise jurisdiction were those that had been developed to apply to commercial activities. Some courts have been unwilling to extend a long-arm statute that applied to commercial activities to a child support case because, obviously, they address different issues. In Shaffer the Court would not exercise jurisdiction (i.e., exercise authority to hear the case) over the nonresident parent who had support obligations because the nature of the ties between that parent, the state, and the precedent for litigation (commercial activities) were not related. In Kulko, the Court agreed that the use of commercial long-arm statutes was not appropriate in child support cases. In this case, the mother moved from New York (the marital domicile of the couple) to California, where she later obtained custody of her two children. She subsequently filed a motion to modify child support. The only contacts the child’s father had with the state of California were (1) a three-day stay years before at the time the couple was married, (2) the act of buying one child’s airline ticket to move in with her mother, and (3) the fact that his children were located in that state. The Supreme Court, citing Shaffer (1977), ruled that this was insufficient to warrant the exercise of jurisdiction over the father by the state of California. The Court not only noted that from these acts alone the defendant would not have foreseen being summoned to a California court in order to defend himself, but also noted that his actions neither amounted to personal benefits derived from activities within the state nor caused an effect in California that amounted to criminal activities. Thus, the Court concluded that it would not be fair to require the father to defend himself in California. The Court further stated that the mother could have sought relief through the Uniform Reciprocal Enforcement of Support Act (URESA), which would not require the father to leave the state of New York and would satisfy her needs. The URESA and later the Revised URESA (RURESA) were designed as models to provide for interstate enforcement of a child support obligation. The drafters of RURESA sought to reduce the possibility of unnecessary or inappropriate modifications of support decrees by requiring that, among other things, motions to modify be reviewed by the court that delivered the initial support decision. In the Federal Child Support Enforcement Amendments of 1984, Congress required all states to have some form of the RURESA. Although state reciprocal enforcement acts have resulted in improvements over past attempts to use long-arm statutes designed for commercial activities, there are still some problems. In this as well as other parenting issues, courts may find themselves juggling a concern for the best interest of the child with often unacknowledged biases that arise from assumptions about relationships between husbands and wives. CustodyMen face some biases in courts, especially in terms of child custody. Even with the move away from the maternal preference for custody, many courts still view the best interest of children to be with a mother who is “naturally” better able to nurture them. However, considered case by case, stereotyped gender-based expectations for men appear to be balanced by an inclination for male judges to understand and sympathize with the situation of another male—something that is most unlikely to happen in the response of a male judge to a woman. It would be unwise for a single mother seeking custody to count on the maternal preference. For example, if a woman does not work and stays at home where she can maximize her nurturing function, she and her child usually must live in poverty because it is rare for a court to award enough child and spousal support to relieve her of the need to work. On the other hand, if she seeks employment, the bias of the court shifts to favor the male, especially if he has remarried and the child could live with the father and a mother figure. In other words, the maternal presumption is easily overcome or inapplicable if the mother is employed outside the home. For women seeking custody, the maternal preference is balanced by traditional stereotypes and myths about women and poverty. The law of domestic relations as it relates to child custody and child support has changed significantly throughout the last century. It was developed from state statutory and common law. In creating statutes and deciding cases, legislatures and courts have reviewed other state laws and have considered decisions in other state courts as precedent for their own actions. These efforts have culminated into what is now viewed as a national tradition of the law of domestic relations. There are still differences between and among jurisdictions, but there are also national trends that cut across jurisdictions. Although the “best interests of the child” has been adopted in the United States as the standard by which custody determinations are made, remnants of the Roman and English common law view of children as chattel were influential on the development of the law, especially as it relates to child support. For example, the notion that children were property of the father gave the father certain rights and responsibilities, including the right to services and custody of his children, which led to the responsibility or duty to support his children. Child support has not always, however, been considered a legally enforceable duty of the parent or right of the child. Whereas child custody has been considered in terms of the best interests of the child, child support has been considered in terms of contract law or in terms of a community’s interest in keeping citizens from becoming a public charge. Even the child support enforcement program that was initiated in 1950 was motivated primarily out of a desire to keep families from becoming dependents of the state. As would be expected, laws of custody and laws of support although related, affect single parents differently. Most state statutes give courts considerable discretion in making custody determinations. Many would-be custody battles are settled by agreement of the parties before the case reaches the courtroom, but the court, not the parties, decides whether the agreement is in the child’s best interests. Even if the court accepts an agreement made by divorcing parents, it is free to reopen the case if a change in circumstances warrants reconsideration. This rule may be viewed as one which greatly limits parental power. However, the propensity of courts to rubberstamp these agreements may exacerbate a situation in which one parent has little bargaining power. For example, the parent most emotionally involved with the child (usually the mother) may be willing to accept less child support and other monetary or property awards as a result of threats from the other parent (usually the father) to sue for sole custody. With extensive judicial discretion, it is difficult to avoid interjecting personal values and opinions in custody and visitation decisions. These decisions require judgments regarding the characteristics of all persons involved in the case as well as consideration of the facts. As a rule, any circumstance relevant to the best interests of the child is admissible—even past behaviors of parents. Adding to the difficulty of courts to be fair, state statutes that enumerate circumstances relevant to the child’s best interests generally do not include the weight to be given to each factor in making the custody determination. Because of the continuing inclination to view mother-custody as best for children, fathers can be at a disadvantage in obtaining custody and visitation. Two-thirds of fathers who request it rre awarded custody by courts. However at times the courts are seen as being insensitive to noncustodial fathers who wish to continue a relationship with their children and to those fathers who are frustrated in their efforts to relate to their children. Putative FathersA series of Supreme Court cases in the 1970s and 1980s defined the unwed, or putative, father’s relationship with his child as the basis of a liberty interest. A liberty interest is not exactly a right but it is similar in that it has been granted constitutional protection. This liberty interest is thought to arise from belief in the importance of the family unit; it is primarily a function of relationship rather than biological kinship. Mobility of the Single Custodial ParentThe standards applied to cases involving the relocation of a parent outside the jurisdiction in which a custody decree exists varies by jurisdiction. Requirements in different states range from allowing the custodial parent to move for any reason so long as the noncustodial parent does not prove that the move is adverse to the child’s best interest to requiring the custodial parent to show exceptional circumstances in order to obtain permission to move. In many states, only a challenge by the noncustodial parent will require the custodial parent to provide a reason for moving. To address problems of jurisdiction in custody cases, the Uniform Child Custody Jurisdiction Act (UCCJA) was designed as a model to shift the focus from jurisdiction over the parent to the needs of the child. The purposes were to reduce chaos created by interstate jurisdictional competition and to promote cooperation between jurisdictions, as well as to promote the stable environment that most consider to be in a child’s best interests. Through the concept of continuing jurisdiction, the act forbids the modification of a child custody decree in one state when the original decree was issued in another state that still has jurisdiction over the case. The model act is said to have partially laid aside the confusion created by the Halvey case, in which the Supreme Court held that in order to protect the best interests of the child, a court in one state could modify a custody decree from another state. Although most states have adopted the principles in the UCCJA, the issues are complicated, and there are still many problems. For an excellent review of the application of and problems with UCCJA. Sexual Behavior of Custodial ParentsAs has been seen, courts tend to be biased in favor of traditional assumptions about family life and the roles of men and women. Such biases may be best illustrated in disputes involving the sexual behavior of parents. It should be noted at the outset that jeopardy to custody because of a nonmarital sexual relationship is a greater problem for women than for men. Whether the parent is involved in a nonmarital heterosexual or homosexual relationship, the court may grant custody on the condition that the parent not live with certain persons or even that the parent terminate certain relationships. The court may require that a juvenile authority supervise the parent’s behavior, may require a change of the parent’s conduct, or may prohibit the parent from participating in overnight stays with certain persons—all of which is done in order to insulate the child from behavior considered inappropriate by the court. Although courts at all levels may let their views of appropriate behaviors influence custody decisions, these biases appear to be most prevalent at the trial court level. Homosexual parents have a more difficult time than heterosexual parents. Where actual harm to the child is presumed, courts will generally prohibit the custodial parent from overnight visitation with lovers. Among other things, this indicates that courts are reluctant to expand the definition of family in visitation and custody disputes to reflect trends in the makeup of the American family. A New York court refused visitation rights to a lesbian ex-partner with the biological mother of the child because the statute in question only applied to biological parents. The biological mother had been artificially inseminated, and the lesbian ex-partner had acted as the child’s parent during the relationship; after the relationship was terminated, she had provided financial support for the child. The New York Court of Appeals affirmed the lower court, stating that the ex-partner had no standing to bring a petition for visitation. It is common for courts to worry that a homosexual parent will influence a child’s sexual orientation even though the evidence clearly indicates this is not a problem. Courts may be concerned that others will harass a child whose parent is homosexual or may conclude that a homosexual parent is unacceptable because the behavior is in violation of sodomy statutes. The degree of limitation on personal behavior/freedom of parents varies according to the court’s beliefs about and knowledge of sexuality. However now with same sex marriages being legal in Utah and many other states, things are being to change for the better. CohabitationCohabitation is another situation in which presumed sexual behavior can cause difficulty with custody decisions. A disgruntled spouse may use the traditional assumptions of the court to manipulate and control the behavior of the other spouse. For example, in one case, in response to the mother’s motion for modification of custody, the father also filed a petition to modify custody. He did not seek custody of his children, but sought to have the mother cease relations with her boyfriend. The custodial parent (mother) had sought modification of a custody decree in order to establish specific times at which the noncustodial parent (father) could visit their children. Apparently, the father had not only refused to pay the amount of child support stipulated in the divorce decree, he had also crashed his car into the mother’s boyfriend’s car and had threatened the family. The trial court, without specific findings of harm to the children, stated that overnight visitations by the mother’s boyfriend were not conducive to the children’s well-being, but that if the mother were to marry the boyfriend there would be no issue. The Supreme Court of Rhode Island upheld the trial court’s decision to modify the custody provision, which, in effect, restrained the mother from having overnight visits with her boyfriend. Religious PracticesWhen religious practices of parents are thought to jeopardize the mental health or physical safety of a child, they can be a determining factor in a custody decision. In one case (Hadeen), the mother’s religious practices included fasting and spanking until the will of a child is broken. The trial court awarded custody to the father, but, on appeal, the court specifically considered whether the religious practices of the mother constituted reasonable likelihood that the child would be impaired. The appellate court reversed and remanded the case for further consideration by the trial court in order to ensure that the trial court had not put too much weight on the religious factor. Justice Dore, dissenting, disagreed with the reversal, stating that the facts of the case indicated that the children were in jeopardy. One compelling incident reported in testimony was of the mother spanking one child for two hours while her other children held the child down. In addition to noting that religion is a thorny issue in custody disputes, it is important to recognize that the religious interests of parents are more often seen as commensurate with the best interests of children—even when children are directly affected and hurt—than are the relationship interests of parents, even if children are neither directly affected nor hurt. In Hadeen, the court appeared to be more concerned with protecting Mrs. Hadeen’s right to freedom of religious practices than with protecting the best interests of the children. In this case the attention clearly wasn’t focused on the children. Taken together, the case seems to say that it is not really the effect on children but the values of courts that ultimately determine the outcome. It appears to be more acceptable to discipline a child in a manner that constitutes child abuse than to have relationships with members of the same or opposite sex, regardless of whether the nature of the relationship is known by the children or whether the relationship can be shown to be harmful to the children. Joint CustodyJoint custody arrangements have become increasingly popular. Joint legal custody, as opposed to joint physical custody, generally connotes a situation in which the parents share equal responsibilities in child rearing; it is generally not tied to the amount of time that a child is in the presence of one or the other parent. The joint custody arrangement has its roots in concern for the best interests of the child; however, there are still many arguments for and against joint custody. Joint custody is necessarily a complex arrangement, and partly because of the individual circumstances in each case, there is little agreement on the best policies to be followed. It is interesting that despite the fact that the success of joint custody arrangements is predicated on the willingness of parents to work together, some courts allow joint custody over the objection of a parent. Some courts feel so strongly about the importance of both parents being involved with the child(ren) that spousal attitudes toward each other can influence custody decisions. Insistence that both parents have access to a child may be warranted in most cases, but where there is a history of family violence or harassment, a parent’s objection to an award of joint custody should not prejudice the court. Although there are cases in which a court has ruled that a parent’s good faith objection to joint custody should not prejudice a request for sole custody, one can imagine a situation in which a battered spouse has no specific proof to present to the court in support of a request for sole custody. Additionally, joint custody arrangements may result in reduction in the allowance or in no allowance for child support. It is not only unfair but also illogical to place equal financial responsibility on parents who are not equivalent in terms of financial resources. Child custody laws in Utah are complex. Hire the services of an expert – an experienced American Fork Utah divorce lawyer to help you navigate the complex maze of American Fork Utah child custody laws. American Fork Utah Divorce LawyerWhen you need legal help in American Fork Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with divorce, child custody, child support, postnups, prenups, adoptions, guardianships, and more.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Criminal Defense Lawyer Riverton Utah Divorce Cases With Child Custody In Utah Variances And Conditional Use Permits via Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-american-fork-utah/ Driving under the influence of alcohol or controlled substances is one of the most severe types of vehicle violations resulting due to the number of accident related fatalities which occur from operation a moving vehicle under impaired conditions. So what happens when you get pulled over while you have been driving under the influence? Police DUI Field TestIf you are pulled over by a police officer and they have reason to suspect that you may be under the influence of drugs or alcohol, a preliminary field test is conducted to determine if an individual is capable of operating their moving vehicle. Initially a law enforcement agent will conduct a “field sobriety test” which consists of testing coordination and possible impairment effects on the driver. This will typically require tests of balance, such as “walking the line”, standing on one foot or walking and turning. Secondly the driver’s comprehension ability is tested through simple tests of following directions. These can range from repeating one’s alphabet using a range the officer selects to ensure simple repetition cannot prevail. Finally the vision ability of the driver may be tested to determine if they are capable enough to respond to changes in light effectively and avoid distraction from vision blurriness. Can I still get arrested if I’m under 0.05%?Yes. The 0.05% is a threshold limit meaning that any breathalyzer over this amount results in an immediate arrest. Despite this, if an individual fails the preliminary field test and passes the breathalyzer they can still be arrested for driving impaired. Since alcohol can affect people of different body types and tolerances differently it is still possible to be legally impaired below the legal limit. In addition, any motorists under the age of 21 are unable to have any percentage of BAC while operating a motor vehicle. What is the legal limit?The legal blood alcohol content limit in most states is %0.08 which had been severely reduced since the 1980’s during a push for stricter drinking and driving laws. Prior to the 80s the limit was between 0.10% and 0.15% however due to the number of fatalities this had to be regulated more heavily. For commercial drivers the limit is much lower at 0.04% in most states. In Utah it is 0.05%. Can I refuse a breathalyzer?Yes it is always possible to refuse submission of a breathalyzer test, however this is generally not a very good idea. Refusing this test is considered failure to comply with a law enforcement agent which will result in the driver’s detention pending a further investigation. The motorist will be taken to the police station and booked followed by a blood test to determine what their blood alcohol content is. Although refusal to submit to a breathalyzer test is possible this should be avoided at all costs because it tends to still end in an arrest and a judge will have less sympathy for a defendant that fails to comply with law enforcement agents. Can you post bail for a DUI?Yes, DUI arrests are typically allowed to post bail after their booking however they will usually have to spend the night in sobriety holding. When posting a bail bond for DUI arrests it can be done directly to the courts for the full amount of the bail set which will typically be refunded after the trial’s conclusion, or it can be processed through a bondsman which would result in a lower expense paid by the defendant however no refund will be provided with the lower bond amount. Nowadays, there is a lot of news about celebrities being busted for a DUI case. For this, they turn to the expertise of a Utah DUI Attorney to help them get out of the case. But what really happens when you get caught driving under the influence? How can a Utah DUI Lawyer help you get out of the case especially if it was only your first offense? DUI or driving under the influence has been one of the serious offenses that a lot of top celebrities face. Since they can get arrested for this offense, you can be sure that it can also happen to you! This is why you have to avoid drunk driving as you can endanger the lives of other people as much as putting your own safety to risk. When you are caught, that is another story. Throughout the United States, the penalties and requirements for those caught drunk driving vary among each state. But due to the endless efforts of various advocacy groups, all 50 states have been able to pass a law that is intended to penalize those caught for drunk driving as well as give them a corresponding consequence for their actions. The first thing that happens when you are caught drunk driving, you will be facing court. The saying ‘you are innocent until proven guilty’ is being observed and that is why you are entitled to court proceedings. When you have been convicted of a DUI offense, it may be due to the tests that were performed on you. These tests include the breath test and a blood test which shows a.08 blood alcohol content level. Even if you did not look like you were drunk or even slurred with your words, the fact that these tests proved you failed the test means you have been driving under the influence. For this, you will be found guilty and convicted. After being convicted for the offense, you will be fined and tasked to pay court costs. In addition, your driver’s license will be revoked for a certain time period. These costs, fines and duration of suspension will vary according to the state where the offense has been committed. There are also some states that have been able to pass a law that require jail time, even if you are a first DUI offender. On the other hand, there are some states that will put you on probation and require you to do community service. This is where the DUI Attorney comes in. He will take your case and present it to the court so you can avoid jail. Despite the fact that you have been convicted of the DUI offense, your DUI Attorney will do his best to lower your felony so you can be able to avoid going to jail. This is especially helpful if you are a busy person and could not afford to spend a day in prison. Even with your driver’s license suspended, a DUI Attorney will do his best to help you out of the offense you have put yourself in. By now, everyone is already aware of the importance of a good Utah DUI Attorney. This is because a Utah DUI Lawyer will be able to help you with your case once you are caught driving under the influence. When this happens to you, it is important that you choose a good professional as the success of your case will depend on his expertise. Although he might not be able to free you of the conviction, he might be able to lower your penalty. But before seeking legal help, the first thing that happens is the arrest. During which, there are a series of tests that will be conducted on you. It is important that you know how this arrest will happen so that you are able to determine if you have been mistreated by the police officers. Before you are arrested, there are a series of processes which police officers will do to you. The first is that they will pull you over while you are driving your car. When you have been stopped, it is important that you know what to do. • Present your documents such as your Registration, Insurance and License cards. You have to do this without fumbling as this is one of the characteristics that police officers notice in drunk drivers. • When you are asked questions, make sure that you do not answer them in a smart ass manner. If possible, you can answer that you have been advised by your legal counsel to refrain from answering such questions. • Once they ask you to take the field sobriety test, it is your right to choose whether or not you want to take it. This is because the result of this test lies on the arresting officer’s opinion on whether you have passed it or not. Although you will go to jail for not taking the test, you are minimizing the amount of evidence the cops have against you. • Another test that you should not take is the Preliminary Alcohol Screener or the Breathalyzer. This is because this handheld equipment cannot be thoroughly depended on. You do not need to take this test if you are over 21 years old because it can be used against your case. • Instead of the breath test, take the blood test. This is because the Blood Alcohol Content level is more reliable than the breath test. As a result, you will be able to beat the charges presented to you on trial or at the DMV. • If you have some companions with you in the car, you can have them as your witnesses. Tell your friends to observe your behavior as well as to remember the words said by the officer. This is so you can rebut his statements in court. • When you are allowed to make a phone call in the police station, you can call a friend and tell him what has happened to you. However, you have to be careful that you are not slurring or having difficulty with your words as this will let the police officers know that you are sober. If you have been allowed another phone call, you can leave a voicemail message on your own phone which you can play back at a DMV hearing. As always, it is best that you get the help of a legal professional to help present your case to court. He will help you with your arrest and do his best to lower the sanction. DUI Lawyer in Utah Free ConsultationWhen you need legal help for a DUI case in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help defend you against Drunk Driving charges. 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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Criminal Defense Lawyer Riverton Utah via Michael Anderson https://www.ascentlawfirm.com/what-happens-when-you-go-to-court-for-a-dui/ A question frequently asked by the parents of older, disabled individuals is how they can best provide for their offspring after their own deaths. This is a question faced by all parents, but it assumes special importance for parents with a child who is unlikely ever to be independent. If you have a disabled child, consult with an experienced Bountiful Utah family lawyer to know how you can best provide for your child after your death. What happens to your property after your deathUnder Utah law, if you have a will, your property will be distributed according to your instructions given in the will A court, called the probate court, is the agency that insures that this is done. The probate court first determines if the will is valid, and then takes steps to put it into effect. This is called probating the will, and the gifts that are made through the will are called bequests. What happens to your property if you die without a will or, as lawyers say, if you die intestate? Your estate is then disposed of according to a formula set down in a statute enacted by the state legislature. If you have a spouse and children, your spouse typically gets a specific portion, usually one-half or one-third, and the children get the remainder of all of your real and personal property. If you have no spouse but only children, they typically receive all of your property. When property passes to children in this manner, it is divided equally among all of the children, whether or not they need it, and whether or not they are competent and able to manage it. Thus, many parents, but especially parents of a child with disabilities, might wish some different form of distribution. These parents should have a will. An experienced Bountiful Utah family lawyer can help you prepare your will. Creating a WillIn a will, parents can provide for the distribution they wish, and also can do other things. They can suggest to the probate court the name of someone they think would be a good guardian, or limited guardian, or conservator, for their child, if they think such a person will be needed to assist the child after their death. Only the court can appoint a guardian, but a parent’s nomination will be given very strong consideration by the court and, in most cases, will be accepted. In a will, the parents of a person with mental retardation can also express other preferences, relating to, for example, the individual’s care, training, living arrangement, or religious practices. In every will the testator should also name the executor of the estate. The testator is the person who makes the will; the executor is the person who is responsible for the collection and distribution of the assets of the estate in accordance with the terms of the will. The executor need not be an attorney. In most cases, a family member or close friend is named as executor. She can hire an attorney, using funds from the estate, if one is needed to carry out the terms of the will. Through their will, parents can divide up their property however they think best, perhaps giving a larger share to the most needy child, who may be the one with a disability. There are several significant problems with this approach, however: (1) The disabled son or daughter may not have the capacity to manage property left to him outright. (2) Property left outright to disabled people will be counted as their assets and thus may make them ineligible for certain government benefits in which eligibility is based on need. (3) With the additional assets counted as their own, disabled people receiving government services may be subject to charges for care. Thus, in many ways, leaving substantial assets directly to a person with mental retardation who would otherwise be eligible for government benefits is very much like making a contribution to the government–something that some parents might wish to do, but many others would not. So speak to an experienced Bountiful Utah family lawyer to know your options. Leaving No MoneyWhat alternatives do parents have if their offspring will lose benefits if she has an inheritance? They might disinherit their disabled child. This approach of leaving no money directly to the child has advantages: the parents’ assets can be left to their other children, who might put them to good use, whereas, if left directly to the disabled child, they might have been dissipated rapidly. Disinheritance, however, also has disadvantages: if at some future time after the parents’ death, government programs are eliminated or benefits reduced or discontinued, the retarded child may be in great need of the resources the parents could have left him. But then it will be too late. For parents, it can be an extremely difficult decision to disinherit a child. Even when they believe it is rationally the best thing to do, the act often produces strong feelings of guilt. However, you should give serious thoughts to disinheritance if your estate is very small. If you are seriously considering disinheritance, speak to an experienced Bountiful Utah family lawyer. Morally Obligated GiftAnother alternative to leaving property directly to a person with mental retardation is leaving what is called a “morally obligated gift” to someone else, such as a brother, sister, cousin, or friend of the individual who is mentally retarded. At the time of gifting you make a request to that person to use the gift exclusively for the benefit of your disabled child. Furthermore, a morally obligated gift imposes only a moral obligation on the recipient to use it for the person with mental retardation, not a legal obligation. If times become difficult, the recipient may experience an irresistible temptation to use the gift for her own family. Conversely, if the inheritance is exhausted, the recipient may feel obligated to use her own assets to continue supplying assistance to the retarded individual. This may impose a significant hardship on the recipient’s own family; it can cause a result that the testator would never intend. Finally, if the recipient of a morally obligated gift dies before the person who is mentally retarded, the gift will be considered as part of the recipient’s estate. It will be distributed according to the intestate law (if there is no will) or in accordance with the will of the recipient. Speak to an experienced Bountiful Utah family lawyer if you are considering a morally obligated gift. Joint Property and Life InsuranceAnother option open to parents is the creation of jointly owned property. The parents may decide to make their adult child with mental retardation, during their lifetime, a joint owner of some of their property, subject to a right of survivorship. Then, if they die, their child (the survivor) automatically becomes the sole owner of that property. This approach has the same effect as if that portion of their estate had passed to the child through a will and is subject to the same disadvantages, including possible incapacity to manage, ineligibility for benefits, and charges for care. Nevertheless, parents should consider the possible usefulness of a small joint bank account, possibly of the type requiring two signatures for withdrawals, in teaching their son or daughter money management skills. TrustsAnother solution is for parents to name, as the beneficiary of the insurance policy, a trust for the disabled child. Trusts can avoid many of the disadvantages of the various approaches considered so far.A trust is a legal relationship created by one person, called the “settlor,” in which another individual, the “trustee,” owns and manages property for the benefit of a third person, the “beneficiary.” In the situation we have been considering, the settlor will usually be a parent, the beneficiary will be the person with mental retardation, and the trustee might be a brother or sister of the person with mental retardation, or perhaps a cousin or close family friend. The trustee should not ordinarily be much older than the retarded person, because the hope is that the trustee will live to manage the trust funds up until the death of the beneficiary. (A successor trustee should be appointed to assume the role if the first trustee should die during the life of the trust.) Because the trustee owns the trust property, lawyers say that she has legal title, but because the trustee must use the property only for the benefit of the beneficiary, the beneficiary is said to have “equitable title” to the property. A trust is created by a document called a “trust instrument.” If properly worded, a trust instrument establishes a relationship with the following advantages: • The beneficiary is not considered the owner of the trust property. Thus, his eligibility for government programs based on means is not endangered, and the trust assets cannot be taken by the government as payment for services rendered. • The trust funds can be used by the trustee to buy goods and services for the beneficiary, to pay bills on behalf of the beneficiary, to give spending money to the beneficiary, etc. • The trustee has great flexibility in managing the trust assets. He can use them to buy and sell stocks, bonds, property (in some states, the trustee must obtain authorization from the probate court before selling any real estate), or other investments; the trustee can deposit trust funds in a bank account or can withdraw them; the trustee can tailor the payments she makes to or for the retarded individual to suit that individual’s needs as they change over time (i.e., as the individual with mental retardation grows more or less disabled, or as government programs change). If the trust is very large, the trustee can use trust funds to hire financial experts to manage it. The trustee can hire an attorney if one is needed. A trust is an extremely flexible mechanism that overcomes most of the disadvantages of the other estate-planning approaches. Trusts may be established in the settlors’ (parents’) will and take effect upon the parents’ death. This is called a testamentary trust; the will specifies what portion of the parents’ estate is being left to the trust. Or, the trust may take effect during the parents’ lifetime; this is called an inter vivos trust. The parents can make gifts of real or personal property to the trust while they are still alive. They can also suggest that others, such as aunts, uncles, and grandparents who might be inclined to make gifts to the person with mental retardation, do so by having the assets go to the trust rather than directly to the individual. The relatives can do this either by a gift during their lifetime or through a bequest made in their wills. The Utah law on inheritance is complex. You should always seek the assistance of an experienced Bountiful Utah family lawyer. Bountiful Utah Family Lawyer Free ConsultationWhen you need legal help from a family lawyer in Bountiful Utah, please call Ascent Law LLC (801) 676-5506 for your free consultation. 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