Given that many Salt Lake City, Utah, residents have limited knowledge of and experience in family law, individuals facing the prospect of divorce are always advised to seek legal counsel. And in cases involving child custody arrangements it is especially important for parents to learn their legal rights and options to ensure that the agreement is fair and appropriate. This is why you should always talk to your divorce lawyer when situations come up. Because there is evidence that the results of a child custody dispute can depend greatly on whether or not both parties have legal representation, many attorneys and rights advocates are working to ensure that more people have access to counsel in civil cases. Everything from restraining orders to child support payments are addressed in the family court system and thousands of cases are handled by the courts each year. In 2006, the American Bar Association took efforts to guarantee that legal representation was available to low income individuals in civil cases, recognizing that the outcome of such cases often depends on whether or not both parties receive legal support. According to one study, individuals that chose to represent themselves in child custody disputes were less likely to win, and joint custody rulings were less likely to be granted in cases where only one party had representation. In cases where an individual does represent themselves, the judge may attempt to guide the person through the legal process, but cannot go so far as to provide biased assistance. Using California has an example, having legal representation on both sides of family court cases only occurs around 25 percent of the time, leaving many at a disadvantage. That is why state legislators and advocates are pushing to create a system where qualifying individuals can be paired with attorneys to handle their civil cases. EXAMINING DIVORCE STATISTICS IN UTAHAccording to the Utah Department of health, there were 10,146 divorces across the state in 2010. During the same year, the divorce rate in the state was 3.7 for every 1,000 people. In 2009, Utah’s divorce rate was 3.6 per 1,000 people, compared to the U.S. divorce rate of 3.4. Over the course of 2010, more than 3,900 marriages were dissolved in Salt Lake County alone. In Salt Lake City, and throughout Utah, divorce is very stressful for many couples and it is critical for people who are going through this to focus on avoiding complications. On the Centers for Disease Control and Prevention’s site, additional statistics regarding divorce in Utah and across the country are provided. In 2014 and 2013, the divorce rate in Utah was 3.1 per 1,000 population. 2012 saw a divorce rate of 3.3, while the state’s divorce rate in 2011 was 3.7. In previous years, the divorce rate was significantly higher (5.1 in 1990). However, divorce is still very prevalent in Utah and across the entire country. In Wyoming, for example, the rate of divorce in 2014 was 4.6 for every 1,000 people. The number of divorces which occur will change from year to year, but divorce remains a highly emotional and stressful issue for many people. As a result, it is essential for couples to understand their options and outline the smartest course of action. For some, this may include turning to a mediator, while others may want to assess the financial ramifications of splitting up with their spouse. Regardless of the individual details pertaining to a case, thoroughly preparing for divorce is crucial and can prevent complications from arising. Free Consultation with Divorce Lawyer in UtahIf 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 fight for 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
State of Utah Grandparents Rights How Far Back Can Child Support Go? How To Get Custody of Your Child in Utah What is the Fastest Way to Get Out of Debt? via Michael Anderson http://www.ascentlawfirm.com/legal-representation-is-important-to-winning-child-custody/
0 Comments
Probably any family law attorney or divorce lawyer in Utah will tell you: there is no such thing as a common law marriage in Utah. There is a such a thing as a marriage like relationship in Utah. You have to go to court to get this done. You need evidence that you have held yourselves out as a married couple. Call us to talk about how it’s done. Unsealed Court Records Reveal InsightsThe high-profile case of death-row inmate Ron Lafferty just got cracked wide open, with records and court documents from the trial now available to the public thanks to a federal judge’s ruling. The article in the Deseret News explains why case details, professional opinions and psychiatric evaluations were originally sealed and why opening these records to the public helps to keep our judicial system transparent. Last fall, several local media filed a petition to unseal the records that would open dozens of documents to the public and lawyers in Utah alike. The federal judge in the current case agreed to unseal the records because he believes that Lafferty is indeed of sound mind and does not suffer from a mental illness “that impedes his ability to communicate and help his lawyers in Utah prepare his case. ” Many of the documents contain medical and psychiatric opinions about the condemned criminal’s mental health and legal arguments over whether he was fit to stand trial and competent to move ahead with a federal review of his case. Sixty-nine documents and 17 formerly secret docket entries have been sprung wide for all to see. Salt Lake City media attorneys argue that access to the records and documents promotes accountability and confidence in the judicial process – ideals that are integral to a working justice system in the US, especially in cases such as Lafferty’s, where the penalty is death. With such high stakes, it is imperative that these decisions and rulings not be held in a vacuum of closed courtrooms and secret meetings between privileged judges and lawyers in Utah. The petition to open the records was filed last October on behalf of the Deseret News, KSL-TV, the Salt Lake Tribune and the Utah Headliners chapter of the Society of Professional Journalists. The records had been sealed in 2009 at Lafferty’s attorneys’ request when questions about their client’s mental competency began. The attorneys argued that they shouldn’t be forced to disclosed attorney-client information and that Lafferty’s privacy concerning his mental health should be respected. At the time, the judge agreed to seal the records. Salt Lake City media attorney Jeff Hunt didn’t necessarily agree with the move, noting that closing the court records as a default position runs contrary to the First Amendment, which assumes that court proceedings will be open to the public. Lawyers in Utah may claim attorney-client privilege, but the proceedings brought out in a courtroom don’t necessary fall under that designation. In a case where the defendant’s life is at stake, Hunt saw opening the records as a way to promote responsible decision making. He also said that it would hold the judicial system accountable for its proceedings – a very American ideal, indeed. Lawyers in Utah look on as this case and its records can now be unpacked by the media, your next door neighbor, and anyone else who wants to weigh in – and most everyone wants to. The case itself is one of extreme notoriety. Claiming that they were directed by God, Lafferty and his brother have been found to have been responsible for the deaths of their sister-in-law and her fifteen-month old daughter in 1984 by slashing their throats. Having exhausted his appeals in state court, Lafferty and his attorneys will prepare for a federal review. Free Consultation with Divorce Lawyer in UtahIf 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 fight for 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
How to Get Custody of Your Child in Utah via Michael Anderson http://www.ascentlawfirm.com/common-law-marriage/ Anyone seeking child custody in Utah needs to understand the local laws and courts. An attorney based in Salt Lake City understands child custody laws and can help you find the best situation for your situation. This page is meant to be a child custody primer. If you have any further questions, do not hesitate to call us. Custody usually specifies who has authority to make decisions for the child or where the child calls home if the parents live in separate houses. There are two different types of custody.
These two types of custodies can be shared in three different ways.
CHILD CUSTODY PROCESSThe process starts after either parent files a motion for custody of a child or children. The motion can be the result of divorce, in which case the motion is filed in an Utah juvenile court. If the parents are on the same page, they may file a motion together. After the court reviews the motion, he or she will decide if it is in the best interest of the child. If the parents do not agree on the conditions of custody, each parent will submit their own plan. The court will look them both over and decide which is in the best interest of the child. DEFINING THE BEST INTERESTS OF A CHILDHow does the court decide what is the best interest of the child? The court will generally conduct relevant research, which could include:
TAX ISSUESIn the case of divorce, who gets to claim the child on their income tax forms? The parent who lives with the child in a sole custody arrangement gets to claim the child for income tax purposes. Of course, there are situations where a judge may issue an order stating otherwise. The tax arrangement could be modified for your specific situations, with options such as alternating years or creating a buyout clause, allowing one parent to reimburse to the other parent the amount that they would receive if they were the parent taking the deduction. Salt Lake City Estate Planning and Probate LawyersEstate Planning is an essential part of making sure that you avoid probate, which is the process of administering and dividing a person’s estate through the courts. Although administering an estate through the probate process is common, it is often a time-consuming, contentious and expensive circumstance that can be avoided through careful estate planning. Perhaps the most forgotten or underused aspect of trust planning is the ability of a good trust plan to manage your potential incapacity. We have encountered numerous instances where a will and a power of attorney were insufficient to protect a person when they lost the ability to manage their own affairs and costly judicial processes were necessary to provide for the person. A quality trust plan will virtually eliminate this possibility and provides the best mechanism for you to direct how your estate should be managed and how you should be cared for in the event you can’t manage it on your own. What You Can ExpectAnother purpose of estate planning is to help a person ensure that their assets and property are distributed according to their wishes after they pass away. The goal of proper estate planning is to eliminate any uncertainties and to provide the client with peace of mind. Proper estate planning can also reduce taxes and other expenses by ensuring that the estate is distributed according to your wishes. Most importantly, however, quality estate planning will hopefully reduce the risk that family relationships will be destroyed by contention over your estate. We believe that these relationships and your values are often far more important than the physical assets. That is why our motto is: Estate planning is not about what you own, it’s about what you value! Our firm handles a variety of issues involved in estate planning, such as:
Probate is the judicial process of administering a decedent’s estate. Someone is appointed by the court to pay the final bills and taxes (if any) and distribute the remainder to those persons named in a will or to the nearest living relatives if no will exists. If you have gone through proper estate planning, this process may be avoided, saving your loved ones time and money by avoiding court. Free Consultation with Child Custody LawyerWhen you need legal help with child custody, 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 67 reviews
Some of the Main Concerns About Child Custody What is the Fastest Way to get out of Debt? How far back can child support go? via Michael Anderson http://www.ascentlawfirm.com/how-to-get-custody-of-your-child-in-utah/ At Ascent Law LLC, we know that you work your entire life to protect what is yours and not allow it to be destroyed by some predator, so we want you to understand your options. Compared to the FLP, the LLC is the relative newcomer to the field. LLC’s began in the 1970’s in Utah. They create a corporate structure, and give the benefits of a corporation without the downside of double taxation. Prior to the LLC this was accomplished by using an S-Corporation; however, S-Corps have significant restrictions and are therefore difficult to use. With the introduction of the LLC came a true hybrid with essentially all of the benefits of the Corporation and none of the S-Corp restrictions or double taxation downside. The LLC has the exact same tax options as the FLP. The LLC does not use the term shareholders, but rather “members.” In the standard LLC structure there is only one class of member. This was meant to mirror the corporate stock ownership and creates a majority rule type of management. While this can be changed through careful drafting, it is this distinction that becomes important when comparing it to the Limited Partnership for use in Asset Protection Planning. Asset Protection and Business PlanningThere is much confusion today about which structure is most desirable when it comes to the area of Asset Protection. While both are useful, their differences should not be overlooked. In particular, there is a distinct advantage to the Limited Partnership structure when it comes to designing a truly effective Asset Protection Plan. For example under the laws of Utah, a model state and considered one of the very best jurisdictions for the purpose of Asset Protection, there are the following critical differences between an FLP and an LLC:
While these seem minor, they are often overlooked and may be used by a judge to justify dissolving an LLC. There is no corresponding statute for an FLP, which is much more likely to remain intact in a creditor crisis.
For all of the above reasons, when it comes to structuring the most effective Asset Protection Plan possible, the use of an FLP as the primary consolidating entity is preferable. This is particularly true if the planning combines the use of an Asset Protection Trust. Since the APT would typically hold a majority of the FLP interest, using a Limited Partnership share is ideal as opposed to attempting to draft around the LLC rules with a membership interest. The LLC is, nevertheless, extremely useful. Most often an LLC will be used to hold and shield individual “risky” assets such as real estate, boats, airplanes, and other potentially liability generating assets. These may be held by a multi or single member LLC, which in turn may be held by the master FLP. The clients may directly hold the General Partnership interest of the FLP with the APT serving as the majority Limited Partner. The net effect is that the majority of the client’s assets would be ultimately held in the FLP with the wrap around protection of the APT. This structure is the ultimate in ease of use, protection and lawsuit deterrence, while maintaining the level of comfort and control most clients require. The mere existence of this level of planning is often enough of a deterrent to dissuaded potential plaintiffs’ and their aggressive attorneys. Free Initial Consultation with a Business and Asset Protection LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
State of Utah Grandparents Rights How Far Back Can Child Support Go? What is the Fastest Way to Get Out of Debt? via Michael Anderson http://www.ascentlawfirm.com/flp-vs-llc/ Because I’m a bankruptcy lawyer, I’m asked about bankruptcy and how to get out of debt quickly. The fastest way to get out of debt is to send a check for the full balance of what you owe or negotiate a reduced payoff. If you’re reading this article though, chances are that probably isn’t an option. The next fastest way to get out of debt is to file for Chapter 7 bankruptcy. Many people cringe just hearing the word. Bankruptcy. It’s a bad word in some households, but it really shouldn’t be. Debt = Stress. Bankruptcy = Fast ReliefIt’s true, bankruptcy should be avoided when possible. If you can re-callibrate your budget, trim unnecessary expenses and pay off your debts over a reasonable period of time, you should. Unfortunately, this isn’t an option for many people. They’re looking for a fast way to get out of debt because being in debt is tremendously stressful. Deep, festering past due debt disrupts the normal course of life. Good luck paying bills if your wages are being garnished or if a taxing authority has levied one of your accounts. In many situations, consumers have lost control of their debts and they’re being pursued by numerous creditors simultaneously. Their credit is shot. The status quo is not acceptable. Canceling a gym membership and eating out less won’t do much. They need help and they need it fast. Chapter 7 Bankruptcy is a Powerful ToolIn many cases, Chapter 7 bankruptcy is the perfect solution. A typical Chapter 7 case lasts about 4 months from start to finish and eliminates or “discharges” all of your unsecured debts. Chapter 7 discharges medical bills, credit cards, personal liability for judgments, which stops wage garnishment, personal liability for mortgages, which prevents deficiency lawsuits, allows residential and business leases to be broken and gives you the opportunity to surrender a home or car you can no longer afford back to the bank with no continuing liability. It is one of the fastest and most thorough ways to get out of debt once and for all. Debt Settlement: Not as Fast as You Might Think…Of course, there are other options besides bankruptcy. If you have some available cash, you might be able to buy out your debts at reduced rates. It’s called debt settlement, and it’s only fast and effective if you have the cash ready to go and you work with a competent lawyer. Hiring a debt settlement firm because you’re afraid, or too prideful to file bankruptcy, will usually do one thing: delay the inevitable. Debt settlement firms understand that it takes cash to settle debts. Cash their customers don’t have. So they tell them to start saving it…by not paying any of their debts…sometimes for months or even years. They offer no legal protection and the process certainly isn’t fast. While you save enough money to settle your debts, your creditors can still come after you full bore. Garnishment, lawsuits, judgments, foreclosures, phone calls. For more information about the perils of debt settlement companies, check out this article: Debt Settlement Tax Consequences: Three Rules to Remember. Chapter 7 Isn’t Cheap, But it Works in Most CasesWhile the average cost of Chapter 7 bankruptcy is about $1,800 including lawyer’s fees, the fees charged by debt settlement firms are often much higher. With the Chapter 7 process, your case is overseen by a federal judge. At the end of the process, your debts are discharged by court order. Contrast this with the debt settlement process where you might wait nine months to a year before any “negotiation” takes place and, when it does, there is no guarantee of relief. Chapter 7 bankruptcy is a fast process because there is very little negotiation that takes place. If you’ve entered the process in good faith, there’s not much Your creditors can do. They receive notice of your bankruptcy and their claims are extinguished. You get to start over and don’t have to wait your whole life to make it happen. Free Consultation with Bankruptcy LawyerIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
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
State of Utah Grandparents Rights How Far Back Can Child Support Go? Bankruptcy and Your Second Mortgage 10 Things You Can Do With an EIN via Michael Anderson http://www.ascentlawfirm.com/what-is-the-fastest-way-to-get-out-of-debt/ As a Child Support Lawyer, I’ve been asked before – How far back can I get child support? It’s a good and a complicated question.
The key to answering all of these questions is PATERNITY. Whether or not paternity has been established is the primary factor in determining how far back child support can go in Utah. The secondary factor in determining how far back child support will go is whether you request child support through the child support enforcement agency or file a Complaint (or Motion) in court. An action to determine the existence or nonexistence of the father and child relationship (paternity, or parentage) may not be brought later that five years after the child reaches the age of 18. That means that in Utah paternity can be established up until the age of 23. What does paternity have to do with back (retroactive) child support? In Utah, Paternity MUST be established before a court or a child support enforcement agency can make a child support order. In addition, in Utah, a child support order can ONLY BE retroactive if made in conjunction with a determination of paternity.
The following people can bring an action for paternity:
A court should not order retroactive child support if both of the following apply:
Establishing Paternity as an Adult in Utah The issue of filing a paternity action in order to seek child support after a child turns 18 is a murky issue in Utah, and the nuances of this issue are still being determined by Utah courts. On the one hand, there is a situation where a father, an adult child (any age), and the adult child’s mother all file a joint declaration in probate court alleging that the man is the child’s father and requesting that the probate court issue an order declaring the man to be the adult child’s father. In that situation, the declaration must state
If the mother is deceased, or has been adjudicated to be incompetent, the alleged father and the adult child can file an action together, without the mother. The primary purpose for this type of action would be to formalize the father-child relationship and to establish rights of inheritance. When an action is brought this way, the adult child and the adult child’s mother shall not be awarded child support from the man for the time the adult child was a minor. Also, a paternity action can be brought by the mother, father, child or CSEA Agency until the child’s 23rd birthday (five years after the child turns 18). Sounds simple enough right? Wrong. The tricky part is, that according to one Supreme Court in Carnes v. Kemp, if you are seeking child support after the child has turned 18, apparently that can only be done when the adult child files to establish paternity AND seek child support. The issue presented to the Utah Supreme Court in Carnes was “Does a court have subject-matter jurisdiction to award retroactive child support payments in a paternity action initiated after the child has reached the age of majority?” The Supreme Court of Utah answered the question with a YES. The Court stated that a juvenile court has the authority to make a support order once a parentage determination is made, and that this means that it may extend the length of time in which to bring a parentage action. This means that an adult, emancipated child can seek retroactive child support until his or her 23rd birthday. If granted, the time period for retroactive child support could be from birth through age 18. Okay, so, if you read the Carnes case, plus Utah law, you’d think that, since a mother can file an action for paternity until a child is age 23, that a mother would also be able to file for retroactive child support until the child turns 23, just like the adult child did in Carnes, right? Maybe and maybe not. In another case, the mother of J.V., filed for an action for retroactive child support. The court of appeals said that because the child was over 18 the court lacked subject matter jurisdiction to award child support to the mother. The court noted that unlike the Carnes v. Kemp case, no action for paternity had been filed, but said that even if the mother HAD filed an action for paternity, the Carnes case only held that an adult emancipated child could establish paternity and get 18 years back support after reaching the age of 18. The Court of Appeals in In re J.V. said that the Carnes case did NOT say that a mother had a right to file a claim for retroactive child support after the child turns 18, only that an adult child has the right. This interpretation of Carnes may not be completely consistent with the Supreme Court’s holding in Carnes, and it is very likely that there will be more decisions addressing this issue in the next few years. 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
The Attorney’s Role in Commercial Transactions State of Utah Grandparents Rights via Michael Anderson http://www.ascentlawfirm.com/how-far-back-can-child-support-go/ When it comes to child custody, if a child is born to an unmarried woman, the parents of the woman and any relative of the mother of the child may file a complaint requesting the reasonable visitation with the child. Relatives of the father cannot petition the court for visitation with the child unless paternity of the child has been established. When grandparent or relative visitation has been requested, the court may grant the visitation if it determines the visitation is in the best interest of the child. The marriage or remarriage of the mother or father of a child does not affect the authority of the court to grant reasonable visitation with grandparents or relatives of either the father or the mother of the child. Note this does not apply to adoption. This means that if a mother or father is not supporting his or her child, or if the mother or father is not visiting his or her child (either/or, does not have to be both), then he or she and their entire family could lose access to the child. Comparison of Utah Grandparent Visitation Rights With Children Who Were Born During Wedlock and Children Who Were Born Out of WedlockIt is important to note the difference between non-parent visitation in situations where the child was born during marriage, and when the child was born out of wedlock. When the child was born during marriage, relatives and any other person (whether they are a relative or not) may file for visitation, but only if one of the parents have first filed an action for divorce, legal separation, dissolution, annulment, or child support. In contrast, when the child was born out of wedlock, relatives of the child’s mother have an automatic right to request grandparent visitation any time, and, if paternity has been established, relatives of the father have the same right. So, the law is more liberal about WHO may file for visitation when the parents of the child were married when the child was born, and the law is more liberal about WHEN a relative may file for visitation when the parents of the child were not married. Grandparent Visitation in the State of Utah
|
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 |