The Americans with Disability Act (ADA) can be one of the most difficult areas of the law for employers to understand. Jobs typically have specific duties that need to be performed, and the entire point of hiring someone is to find the person who is best able to perform those duties. The ADA, however, significantly limits what you can and can’t ask an applicant with regard to their physical abilities. In order to avoid discrimination in hiring, employers must figure out what kinds of employment practices the ADA covers; whether their specific business is covered by the ADA; and then learn how to tactfully and legally inquire about a job applicant’s ability to perform the job. The ADA applies to private employers, state and local governments, employment agencies, and labor unions who have 15 or more employees. The ADA applies to all employment-related practices including:
How to Safely Inquire about an Applicant’s Ability Whenever you are designing questions on an application or during an interview, keep this simple rule in mind: you can ask about an applicant’s ability to do the job, but you cannot ask about any specific disability. For example, here are two different questions that both get to the same point, but one is likely in violation of the ADA while the other is probably perfectly alright. Incorrect: “Do you think your physical disability would prevent you from lifting this heavy object?” The first, incorrect, question asks about a perceived disability and likely would run afoul of the ADA. The second question simply asks the candidate how he or she would go about performing a specific task. Asking applicants about their abilities (rather than disabilities) also naturally lets them talk about their strengths and qualifications for the job, which is the point of the interview. Be Consistent When Questioning an Applicant’s Ability It is also crucial that you be consistent with your questions. If you ask a potentially disabled person about their ability to perform job-specific tasks, but never asked other candidates, you may still be violating the ADA. Even if the question itself was perfectly legal, as above, the ADA looks past the question itself to see whether you’re applying an otherwise legal question in a discriminatory fashion. Inquiring About Accommodations for Disabled Applicants Another tricky subject when it comes to dealing with potentially disabled applicants is whether you can ask an applicant if he or she needs any special accommodations. Fortunately, the rule is fairly straightforward:
Employers are Free to Hire the Most Qualified Applicant Employers can often misread the ADA’s anti-discriminatory intentions as requiring them to give people with disabilities special treatment, but an employer is free to select the most qualified applicant available. The key point to remember is that the ADA is trying to ensure that such a decision is based on sound, business-related reasons and not on a person’s disability. Sample Questions Provided by the Equal Employment Opportunity Commission Finally, the Equal Employment Opportunity Commission (EEOC) has offered a number of example questions that you can and cannot ask in an interview. You should never ask:
You can ask:
Free Consultation with ADA Discrimination Business LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/discrimination-and-the-ada/
0 Comments
Under current federal law, a person may pass everything he or she owns to a surviving spouse without paying any federal estate, gift, or generation-skipping taxes. In addition, a person may pass up to a certain amount ($11.4 million in 2019) to anyone other than his or her surviving spouse without paying any federal transfer taxes. Individuals whose estate is below the federal threshold may think that because they won’t owe any federal tax, then they don’t need an estate plan. However, even if you have a small estate, the following estate planning tools may be beneficial to you. You Need a WillIf you die intestate (without a will), state law will determine who receives your assets, and how much each person receives. Even if you do not have significant assets, state law can cause results that you probably would not have intended. For example, under the North Carolina Intestate Succession Act, if you have a wife and a child and die intestate, not everything will pass to your surviving spouse. Depending on how the assets are titled between you and your wife, your child will also be entitled to a share of your real estate and personal property, a result which is probably contrary to what you would have desired. If the child surviving you is a minor (under the age of 18 in North Carolina), the result can be even more complicated because a guardian will have to be appointed by the court to manage the assets received by the child. You May Need a GuardianMost couples with young children are extremely concerned about what will happen to their minor children in the event both parents die. A will is one of the best ways for protecting your children because it allows you to appoint during life who you want to take care of your children upon your death. There are two kinds of guardians that can be appointed: guardian of the person, and guardian of the estate. The guardian of your child would be responsible for deciding where your child would live, where the child would go to school, the child’s religious upbringing, and other personal matters. The guardian of your child’s estate would be responsible for managing any assets that have been passed on to the child. You Might Need a TrustAn effective way to provide for your children is to create a trust that can hold any assets passing to your children until they reach a certain age. Your will could direct your Executor to distribute any assets passing to a child under the age of 25 (or any age you choose) to a Trustee to be held pursuant to the terms of the trust. A trust is an extremely flexible and effective way of providing for a child’s most important needs like education and health care. You may wonder whether a trust is necessary if you do not have significant assets to put into the trust. But do not forget what may be your most sizeable asset — your life insurance policy. You should carefully review the beneficiary designations on all your life insurance policies. You should consider designating the trust created in your will for your children as either the primary or secondary beneficiary of your life insurance policies. Upon your death, your Trustee could have sufficient assets to invest for your children’s future needs. Before concluding that you do not need an estate plan, know that there is more to it than just taxes! Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/you-should-have-an-estate-plan/ In the last few years I have noticed trends in divorce cases as well as “red flags” that have led happily married couples to become unhappy, and ultimately move towards divorce. One of these trends, or behaviors, is fitness and exercise routines that are not shared in common between married couples. It stands to logic that married couples whom do not share the same fitness goals or routines often end up in our offices seeking divorce, more often than those that share common fitness goals. We rarely see couples come into our office for divorce when they are engaging in fitness activities together. Cycling; yoga, spin classes at the local gym; or even attendance at gyms seem to be things that lead one partner to separate from the other partner when they do not do these things together. It is very common for us to see a divorce that occurs when one party begins to enjoy a fitness lifestyle and engages in activities away from their spouse. Inevitably, this is the beginning of the end for many couples. Spend time together. By engaging in the same activities at gyms; couples stay together. They do not get involved with single people that prey on married people. Hopefully, the couple also grows and comes to enjoy a better sense of fitness and even look better, together. The truth is – it doesn’t matter if it’s the gym or something else – you need to have a way to connect. Just you two. Fitness can increase someone’s basic happiness when they are feeling better both physically and mentally. In fact, physically fit individuals and their new energy levels can help drive romantic attraction, and seem to be inclined physiologically to engage in sexual activities. There is also the sharing of a mutual goal, which increases emotional bonds between the partners. As a divorce lawyer, I cannot tell you how many divorces have started as a result of one partner looking and feeling better about themself, and separating from the other partner. The separation can begin first by just 3-4 classes in a gym; which leads to a new group of friends; a new lifestyle; and ends with the more transformed person wishing to shed everything about their past lifestyle. This is including their spouse who does not fit their new idea of what they want for themselves and their life. Couples who train together, do something together usually stay together. Couples who pursue individual goals may find themselves a new social circle; and separating physically, mentally, and emotionally from their spouses. Divorce Attorney Free ConsultationWhen it’s time to get divorced, call Ascent Law at (801) 676-5506. We will 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
Brachial Plexus Injury Lawyer in Utah via Michael Anderson https://www.ascentlawfirm.com/do-something-to-avoid-divorce/ Starting a sole proprietorship is relatively easy, but you want to make sure you do it both properly and effectively. The following checklist highlights the main steps in starting a sole proprietorship. Keep in mind that your own start-up requirements might vary from the list below, depending on the specific type of business you are in, where your business is located, and other factors. Decide on a Business NameYour business name can have a significant impact on branding and marketing, although many sole proprietors simply do business as themselves. The name of your business can be your own personal name or a “fictitious” business name (also called a “DBA,” which stands for “doing business as.” There’s no need to rush the process, and it’s suggested that you choose more than one possible business names and then think about them for a few days before deciding. As a rule of thumb, you want your name to somewhat unique and memorable, but not at the risk of confusing potential customers. You also will want a name that is available. Search Availability of NameYou will want to ensure that your chosen business name is not trademarked or used as an Internet domain name by another entity. If you choose to do business as your legal name, this shouldn’t be a problem. Check to see whether your ideas are already on the list of fictitious or assumed business names on record with your county clerk or Secretary of State. There are multiple sources for searching the availability of a business name, including the U.S. Patent and Trademark Office’s trademark search tool, but you may want to start with just a simple Internet search. Even if the name is not taken by another business, your general search may reveal that the chosen name already has associations that would be detrimental to your business or confusing to customers. Register Your Name If you are registering as a sole proprietor but doing business under another name, you will need to register any such fictitious business names (or “DBAs”) along with your legal business name (typically your full legal name). Registering not only your legal business name but also your “DBA” provides certain advantages. For instance, once your name is registered it can’t be registered by another company; and if another entity uses this name, your registration will make it easier to file a legal action. Obtain Business Licenses and Permits You will need to obtain all necessary licenses and permits from the federal government, your state government, and your local government. Different businesses require different types of permits and licenses. For example, a sole proprietor opening a hot dog cart in New York City probably won’t need any federal licenses, but will need to apply for a Mobile Food Vendor Personal License, schedule a health inspection, and pay a fee for a two-year license. Get a Legal ReviewA sole proprietorship offers the least amount of complication in terms of start-up requirements when compared with other types of business organizations (i.e. corporation, partnership, etc.). But at the same time, sole proprietors are exposed to personal liability for debts and court judgments. To ensure that your new sole proprietorship covers all legal bases and has the best chance for success before opening for business, contact Ascent Law to make sure that the structure for your type of business is being used and guide you through the process. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/sole-proprietor/ Although federal tax returns get most of the attention, they only tell half the story. Your state tax returns are equally important and typically need to be filed around the same time as your federal taxes. While many state tax codes mirror the federal code, there are often key differences between each state which are important to know before you start the tax process. Below, you will find state-specific tax information and related resources — including state tax forms and links to tax laws in all 50 states and D.C. Tax Basics: A Beginners Guide to Taxes Congress writes the Internal Revenue Code (IRC), also called the tax code, which directs the collection of taxes, the enforcement of tax rules, and the issuance of tax refunds. The Internal Revenue Service (IRS) is the government agency within the U.S. Department of Treasury that carries out these functions. The IRS interprets the tax laws through their regulations, which provide guidance about how tax laws are applied. The IRS also uses revenue rulings, procedures, and letter rulings to offer guidance. Although the IRS can offer its interpretations the federal courts have the final judgment on the interpretation of the tax code regardless of the IRS’s position. The income, payroll, sales, and real estate taxes from individuals and companies are disbursed by the federal government, according to its budget, to finance programs such as national defense, Social Security, education, national parks, and services such as welfare. Two types of income are subject to taxation; earned and unearned income. Earned income includes salaries, wages, tips, commissions, bonuses, unemployment benefits, sick pay, and some noncash benefits. Unearned income includes interest, dividends, profits from the sale of assets, business and farm income, rents, royalties, gambling winnings, and alimony. Contributions to a retirement account such as a 401(k) or IRA may reduce a taxpayer’s taxable income. Which Tax Form Should I Use? Individual taxpayers must use one of three forms to file your return: Form 1040EZ, Form 1040A, or Form 1040. Form 1040EZ is the simplest form to use. In order to use Form 1040EZ the taxpayer must meet all of the following requirements:
If you do not qualify to use Form1040EZ you may be able to use Form1040A. This form has many of the same restrictions, though it permits a wider array of tax credits. Form1040 is available to report all types of income, deductions, and credits. Form1040 also permits itemized deduction, some adjustments to income, and credits that may be unavailable on Form1040EZ and Form1040A. Free Consultation with a Utah Tax AttorneyIf you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/federal-tax-law/ divorce community debtsLike community property, all debts acquired during the marriage are community debts. Both husband and wife are equally liable for these debts. In most cases, this includes unpaid credit card balances, home mortgages and car loan balances. automatic restraining orderWhen the divorce petition is served, neither spouse can take any children out of state, sell or borrow against property, or borrow or sell insurance held for the other spouse. These orders remain in effect until the judgment is signed by the court. personal property (divorce)Any property that is moveable, as opposed to land or attached to land. Cars, jewelry and furniture would all be defined as personal property. petitionThe first document filed in court and the one that starts the clock running on any required waiting periods. The petition includes important information about the marriage, such as the husband, wife, and any children’s names, whether there is any separate or community property, child custody, child support and spousal support. The document is sometimes referred to as the complaint. disclosureThe law requires both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failing to fully disclose all relevant information or concealing information can have serious consequences. It’s important to be precise and thorough when listing assets and debts. There are two disclosure forms that will be generated. marital settlement agreementAn agreement by which both spouses document the terms of the divorce, such as the division of property, child custody and spousal support. See “Marital Settlement Agreements in a Divorce” for additional information. judgment documentThe most important document of your divorce. It is the document reflecting the final resolution of all your legal issues. Every part of your judgment is finalized when it is signed by the court, including the marital settlement agreement (if it is attached). irreconcilable differencesWhen marital difficulties cannot be resolved and have led to the permanent breakdown of the marriage. These are legally sufficient grounds for a divorce. petitionerThe person who first “petitions” the court for a divorce. Some states allow for co-petitioners. separate debtsAll debts incurred before marriage that remain the obligation of only one spouse. Any educational or job training loans acquired before marriage would be separate debts. separationMost states do not require physical separation in order to divorce. The date of “separation” is the date when both the husband and wife officially decide the marriage is over. The date of separation is often defined by evidence of the marriage ending, such as one person moving out. responseMay be filed by the respondent to agree with or dispute the facts set forth in the petition, often referred to as an Answer. community propertyIt includes all property acquired during the marriage and is deemed to be owned equally by wife and husband. It includes money and wages earned during the marriage, as well as anything purchased with that money, regardless of who actually earned it. Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will 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/terminology-used-in-divorce/ First and foremost, you always want to contact the police. Call them right away and do what they tell you to do. Second, call a tax lawyer and talk to them about your situation and do what they say. Any type of identity theft can turn your life upside down. It creates financial problems and can tarnish your credit history, not to mention the time, money, and patience it takes to resolve. Now fraudsters are targeting your tax refund! Tax-related identity theft occurs when someone uses your Social Security number (SSN) to file a tax return claiming a fraudulent refund. Thieves frequently file early to avoid detection, and make off with your refund before you’ve had a chance to file. The IRS reports that tax identity theft is on the rise. So it’s important to understand the warning signs and know how to deal with tax identity theft when it occurs. Warning Signs Did you file your taxes only to have it rejected by the IRS because a return using your Social Security number was already accepted? Or, did the IRS send you a letter saying it identified a suspicious return using your personal information? These are signs that your tax identity may be in the hands of criminals. Other warning signs include:
What to Do If You Are a Victim If you’ve been the victim of tax identity theft, it’s important to act quickly to prevent any additional fraud from occurring. Unfortunately, your refunds will likely be delayed for an extended period while the IRS resolves the matter. A typical case can take about 180 days to complete. Follow these steps to secure your personal information and any refund rightfully due from the IRS: 1. Identity Theft Affidavit with the IRS If you did not receive a notice but believe you’ve been the victim of identity theft, contact the IRS Identity Protection Specialized Unit. You will also need to fill out the Identity Theft Affidavit. 2. Respond to Any IRS Notice If the IRS receives a suspicious tax return filing, they may send a “5071C Letter” asking that you verify your identity. Typically, you can identify yourself over the phone or through the IRS’s Identity Verification Service website. 3. Report Fraud to Federal Trade Commission (FTC) Complaints from taxpayers help the FTC detect larger patterns of fraud and abuse. The FTC has a web-based reporting form that asks a few questions about the fraud you suffered. It should only take a moment to complete, and your participation will assist with the creation of programs to fight tax identity fraud. 4. Contact Your State Tax Agency Although criminals typically target your federal return, you will want to also contact your state tax agency to the report income tax fraud. Call either the state’s tax hotline or go to their website and find the fraud reporting procedures. Some states require you to fill out a form to mail. 5. Place a Fraud Alert on Your Credit Record Call one of the nationwide credit reporting companies, such as Equifax, Experian or TransUnion. Ask for a fraud alert to be placed on your credit report. The company you call is required to contact the other two credit agencies so they will put the fraud alerts on their files too. An initial alert is good for 90 days. Taking this step makes it hard for someone to fraudulently open new accounts in your name. 6. Contact your Financial Institutions When someone has enough of your personal information to file a tax return, they may be able to access your bank accounts. Contact your bank and other financial institutions to have a fraud alert placed on your account. Free Consultation with a Tax Identity Theft LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you need help regarding identity theft, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/tax-identity-theft/ Unlike corporations, small businesses and partnerships without solid succession plans often fail when the owner or a senior-level partner retires, becomes incapacitated or dies. Problems also can arise when partners no longer get along and decide to part ways. Proper succession planning is essential for family businesses in particular, which will have to either identify family members who are qualified for leadership positions or consider other contingencies beyond the family. Planning early, basing decisions solely on business needs and revisiting the plan as conditions change are the keys to a successful hand-off. You may also benefit from the counsel of a skilled small business attorney. Steps for Developing a Succession Plan There are several different strategies and options for succession planning. The following five general steps for developing a plan provide a good road map for the process:
Succession Planning Strategies We usually think of a business owner simply handing over the reins to a new owner or principal when we think of succession planning. But there are several different financial options for business owners who would like their organization to survive beyond their own tenure. Below are six such strategies for succession planning:
Free Consultation with a Business LawyerWhen you need help with succession planning for your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/business-succession-planning/ Income Tax: Fraud vs. Negligence The IRS estimates that only a small percentage of tax crime convictions, representing less than one percent of taxpayers, occur in a year. Yet the IRS also estimates that 17 percent of taxpayers fail to comply with the tax code in some way. It is individual taxpayers, rather than corporations, that commit 75 percent of income tax fraud. But are all violations of the tax code fraud? Below are some definitions and ways in which the IRS attempts to distinguish between income tax fraud and negligence. Income tax fraud is the willful attempt to evade tax law or defraud the IRS. Tax fraud occurs when a person or a company does any of the following: Intentionally fails to file a income tax return Willfully fails to pay taxes due Intentionally fails to report all income received Makes fraudulent or false claims Prepares and files a false return The IRS understands that the tax code is a complex set of regulations and rules that are difficult for most people to decipher. When careless errors occur, if signs of fraud are absent, the IRS will usually assume that it was an honest mistake rather than the willful evasion of the tax code. In this circumstance, the tax auditor will usually consider it a mistake that is attributable to negligence. Although unintentional, the IRS may still fine the taxpayer a penalty of 20 percent of the underpayment. The IRS can usually distinguish when an error is the result of negligence or the willful evasion of the tax law. Tax auditors look for common types of suspicious and fraudulent activity, such as: Overstatement of deductions and exemptions Falsification of documents Concealment or transfer of income Keeping two sets of financial ledgers Falsifying personal expenses as business expenses Using a false Social Security number Claiming an exemption for a nonexistent dependent, such as a child Willfully underreporting income Service workers paid mostly in cash and self-employed taxpayers running cash-based businesses have been identified as the taxpayers committing most of the tax fraud because it is easy to underreport cash income. Restaurant and clothing storeowners, car dealers, salespeople, doctors, lawyers, accountants, and hairdressers were ranked as the top offenders in a government study of income tax fraud. Service workers, such as restaurant servers, mechanics, and handymen, also commonly underreport cash income. IRS Criminal Investigation into Income Tax Fraud The IRS conducts investigations into alleged violations of the tax code through the IRS Criminal Investigation (CI), the law enforcement branch of the agency. CI agents investigate tax crimes, money laundering, and Bank Secrecy Act violations. Investigators use sophisticated methods to uncover computer information protected by encryption, passwords, and other barriers. Because the tax system relies on “voluntary compliance,” or the self-assessment of the taxes owed, the IRS attempts to discourage violations by publicizing convictions, seeking prison time for offenders, and by assessing fines, civil taxes, and penalties. Penalties for Income Tax Fraud A taxpayer that willfully attempts to evade paying income taxes is subject to criminal and civil penalties. The type of fraud will determine the applicable penalty. The following are some examples of possible punishments for specific types of tax fraud: Attempt to evade or defeat paying taxes: Upon conviction, the taxpayer is guilty of a felony and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 5 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution (26 USC 7201). Fraud and false statements: Upon conviction, the taxpayer is guilty of a felony and is subject to (1) imprisonment for no more than 3 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution (26 USC 7206(1)). Willful failure to file a return, supply information, or pay tax at the time or times required by law. This includes the failure to pay estimated tax or a final tax, and the failure to make a return, keep records, or supply information. Upon conviction, the taxpayer is guilty of a misdemeanor and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 1 year, (2) a fine of not more than $100,000 for individuals or $200,000 for corporations, or (3) both penalties, plus the cost of prosecution (26 USC 7203). Free Consultation with a Tax AttorneyIf you are being accused or income tax fraud or need help with an IRS or Utah State tax matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/income-tax-fraud/ In Utah, there are certain formulas that judges use to calculate how much child support is owed by one parent to another after a divorce. Typically, judges and court commissioners will follow the child support guidelines; however, they can deviate from those guidelines. If you feel as though your case may be an exception to the rule, you have the ability to inform the judge of special circumstances. Examples of situations where child support may need to be more than what the guidelines suggest may include the following: You have a child with special needs. If a child is disabled or has special needs that require additional care or medical treatment, state-recommended child support amounts may not be enough to provide proper care for your child. Increased support may also be needed to maintain a child’s particular passion for an interest such as a musical instrument or membership in a sport’s team. Conversely, situations exist where a parent may be required to pay less than what is typically required, including: A noncustodial parent does not have adequate funds. Sometimes a parent has experienced a change in their income level and is no longer able to pay the same amount of child support. In this case, a judge or court commissioner may reexamine the total child support required and lower it to a manageable amount. The state’s guideline requires an excess of the child’s situation. If a noncustodial parent earns a salary that is greatly above the average person’s income, the state-guided formulas may require a payment of more than what is needed. In this case, the court may lower child support payments to a reasonable amount for the parents’ and child’s circumstances. Make Sure You Get a PrenupIn recent years, there has been a notable increase in the number of empty-nesters and retirees who’ve gotten divorced. It makes perfect sense not to spend your golden years in a broken relationship, but once you’ve found a new relationship, you should bear in mind that it too could break. The impact of your divorce on your finances — Getting your freedom was great, but it probably came at a cost. For many grey divorcées, that means less in the retirement fund and long-term alimony payments. A prenuptial agreement can secure your remaining wealth against the possibility of another divorce. Your desire to leave a legacy for your children — Who gets your wealth if you pass away unexpectedly? Unless you’ve planned explicitly — with a will, a living trust or a prenuptial agreement — your new spouse might inherit much of the wealth you’d rather pass to your children. Then when your spouse dies, your children could be totally shut out. None of us is getting any younger — With age comes infirmity, and sudden disabling injuries or illnesses are more likely. A prenup can spell out how you are going to deal with long-term care issues. Of course, many seniors will decide that once through the divorce mill is enough. So, rather than getting married, they’ll simply cohabitate. But it still helps to put forth a clear, explicit statement of the relationship in a cohabitation agreement. Free Consultation with Child Support LawyerIf you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will 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 49 reviews
via Michael Anderson https://www.ascentlawfirm.com/child-support-amounts/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |