Adoption is a major life-changing event in which you welcome a new member to your family. And while the financial and legal responsibilities of parenthood end when the child reaches the age of majority (typically 18), adoptive families are a lifetime commitment. Therefore, it’s important to do your research before you start the adoption process. Adopting Through an AgencyAdoption agencies can be a public agency or a private agency regulated by the state and licensed to place children with prospective adoptive parents. Public adoption agencies typically handle children who are wards of the state, often because they’ve been abandoned, orphaned or abused, or are older children. Private adoption agencies are often run by charities and social service organizations and typically place children who have been brought to the agency by parents or expectant parents seeking to give their child up for adoption. Adopting IndependentlyOne of the other types of adoption involves a direct arrangement between birth mother (and sometimes the birth father) and adoptive parents, sometimes using a go-between such as a doctor or member of the clergy. Because of the delicate nature of independent adoption, it’s probably a good idea for the adoptive parents to hire an attorney to handle the paperwork. Not all states allow independent adoptions, and many states regulate them extensively, so check your state’s laws before exploring this option. One variety of independent adoption is often referred to as “open adoption,” where the biological parents maintain some form of limited contact even after adoption, though all parental rights stay with the adoptive parents. Adopting Through IdentificationIdentified adoptions are a combination of independent and agency adoptions. Usually, the adoptive parents find a mother wanting to put a child up for adoption, and then both sets of parents ask an adoption agency to control the rest of the process. This process often includes a home study, questions, interviews, and careful analysis. Adopting InternationallyAdopting internationally is the most complicated of all the different types of adoption. To adopt a child who is a citizen of a foreign country, you must satisfy both the laws of the state you live in as well as the laws of the host country. Parents must also obtain an immigrant visa for the child through the U.S. Citizenship and Immigration Services (USCIS). If approved, the child will be granted U.S. citizenship automatically upon entering the U.S. Agencies dealing in international adoption must now be certified by the State Department and adopting parents must prove to the State Department a variety of things: You could try to adopt internationally without an agency, but because of the complexity of the process, most adoptive parents choose to use the services of a U.S. agency specializing in international adoptions. Adopt as StepparentsA stepparent adoption occurs when a parent’s new spouse adopts the parent’s child from a different partner. The process is simple compared to traditional adoption if the birth parents both consent. If one of the parents does not consent or cannot be found, however, then an attorney will need to be involved and there is a significant amount of time and paperwork involved. Relative AdoptionsRelative, or kinship adoptions as they are known in some states, occur when a child’s relative steps forward to adopt the child. Typical candidates for this type of adoption are grandparents, aunts and uncles, and the typical situations for relative adoptions involve the death or incapacitation of the birth parents. The law favors relatives raising children, and accordingly the process is significantly easier than other types of adoption. Adult AdoptionsAdult adoptions are rare, but most states provide for them. Typically, there must be at least a ten year difference between the age of the parent and that of the adult being adopted, and the parties must show why it’s in the best interest of the parties to allow the adoption. The primary reason why people undergo an adult adoption is to secure inheritance rights for people they have grown fond, especially when they don’t have children of their own. Most states prohibit adult adoptions when caregivers are involved, in order to prevent caregivers from taking advantage of their elderly patients. Not Sure How to Choose Between the Different Types of Adoption? Talk to an AttorneyEvery family’s needs are different and there are a variety of reasons for choosing the different adoption methods available under the law. By contacting an experienced adoption lawyer, you can find out which type of adoption will work best for you, and get legal help through the adoption process. What Should I Consider When Choosing My Options?The first questions relate to the child’s age. How important is it to you to adopt a newborn? Are you comfortable adopting a child who has been in group care for the first few months/years of his or her life? Domestic adoption is the only way to adopt a newborn. If you choose to adopt internationally, it means adopting an older infant or toddler. Another factor to consider is the medical and social history of the birth families. With domestic adoption, often this information is extensive, at least on the birthmother’s side. Take some time to consider the medical and social history of you, your spouse and your families. Think about what that would look like on paper would you select yourselves if the situation were reversed? With international adoption, you have the advantage of medical reports on the child him/herself but rarely any information on family history. How about the level of openness with which you’d be comfortable? Many pre-adoptive parents choose international adoption because they do not want any contact with the birth family. Most domestic adoptions these days are semi-open, meaning that the birthmother will know your first names. In many cases, all parties have met and/or had phone conversations prior to the birth. After the birth, the adoptive parents send updates and pictures to the agency, which the agency then forwards to the birthmother. Contrary to popular opinion, these updates don’t make the birthmother suddenly want to parent the child. Instead, they help reassure her that she made the right decision, that she is a good person (despite lots of people telling her how selfish she is during the process), the baby is thriving and, therefore, will not grow up to hate her (one of her biggest fears). Are The Costs The Same?Next come finances. Neither domestic nor international adoption is necessarily more or less expensive than the other; it all depends on the particular situation. Domestically, one can expect to spend between $20,000 and $35,000. Internationally, costs vary by country and range between $15,000 and $50,000. The total amount spent and when the payments are due are less predictable with domestic adoption than with international. Also, money is at risk in either process domestically via paid birthmother expenses and legal fees in a failed adoption and, internationally, if a country closes or significantly slows down once you’re in the adoption process. What Should I Know About The Process?Next let’s discuss the process. International adoption involves a traditional waiting list. Once you are on the list, you wait as you rise to the top. With domestic adoption, you create a “personal profile” shown to prospective birthmothers until one selects you, which can happen at any time. You can increase the chances of getting selected quickly by creating a powerful profile and making sure that it has as much exposure as possible through a carefully selected network of adoption agencies and attorneys. Which route feels more comfortable to you is merely personal preference. Another key area is concerns about the birthmother. Most people just beginning a domestic adoption have a fear of the birthmother “showing up on their doorstep.” In a closed or semi-open adoption, the birthmother will not know where your doorstep is. Even if she found your doorstep, she would have no legal right to the baby once her rights are properly terminated. Most importantly, most birthmothers are at peace with their decision and have no intention of disrupting the baby’s life. Nevertheless, this fear often drives couples towards international adoption where these concerns, for the most part, do not exist. Finally, demographics. How old are you? What is your marital status? Most people who adopt are between 30 and 45. Domestically, how young you look and how active you are is usually more important to the birthmother than your actual age. Internationally, your age may limit the countries for which you are eligible. Many countries have outright age limits and some limit the age difference that can exist between adopter and adoptee, thereby allowing older parents to adopt only older children. Additionally, some countries’ eligibility requirements specify that the adoptive parents have been married for a certain amount of time or limit the number of prior divorces allowed. There are many important considerations that go into this decision. Being completely honest with yourself and your partner is critical. Make sure you consider all the implications of the path you choose. Be careful not to let fear and myths lead you astray. Get the facts and, based on those, make the decision that’s right for you, your family, and your forever child. Adoption-Friendly States and Their ProceduresWhen couples are looking to expand their family, adoption is a giving and beautiful option. But many couples have secreted fears about adoption. Their concerns can range from the uncertainty of finding the right birth mother, to hidden medical issues, to the ever-looming possibility that a biological parent could change their mind before the adoption is finalized. In addition to the practical and emotional concerns, new parents may also be leery of the process of adoption. Initially it is important for couples to understand the basic process of adopting a child: • Second, the couple needs to be ready to undergo the scrutiny of the adoption home study. It will be necessary for the adopting couple to meet with a social worker on several occasions in order for a thorough investigation to be completed before an adoption can be approved. • Third, the adopting family must wait for the right prospective birth mother to come forward, or to find the right child via the social services system. This step takes time and patience and is imperative so that the most compatible match can be made for both the child and the adoptive parents. • Once the match has been made, the fourth step is to have the consent of all of the parties involved, including the biological parents, the adoptive parents, and if the child is old enough, the desires and consent of the child being adopted. • The fifth step is to begin the process of filing the adoption paperwork with the court. Once the birth mother and father have consented to the adoption and the transition of custody is imminent, it is time for the court to become involved. • After the court has reviewed the request for adoption, the court will issue a signed custody order. This order confirms that the Judge is in agreement with all of the submitted paperwork and is ready to approve the adoption. • Once custody has been transferred to the adoptive parents, social services will proceed with in-home follow up visits to ensure that the adjustment of both the child and the adoptive parents is going smoothly. If any issues present themselves, the social worker will be readily able to advise the family or to set up additional services as needed. • If all goes well and the family and the new child are thriving, a court date will be set to finalize the adoption. Most state laws and regulations are designed to facilitate a smooth and easy transition for the successful placement of children in need of homes. However, each state’s regulations do vary. Some states require more scrutiny of the adoptive parents than others. Other states give the birth mother and/or father more time to change their mind prior to the adoption becoming final. For example, some of the friendliest adoptive states seem to be: Some of the less adoption-friendly states include California, Maine, Maryland, Ohio and Rhode Island. However, it is absolutely still possible to adopt in these states, and there are many local and national adoption professionals who can assist families in navigating the process and their state’s laws. It is highly advised that each couple take the time to thoroughly familiarize themselves with the particular rules and regulations of the state in which they will adopt their new child. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/is-adopting-a-utah-child-easier-than-international-adoption/
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Utah child support is based on the number of overnight visits. Utah uses overnights, or where the children sleep, as the basis for figuring custody timeshare percentages used in its child support formula. Besides income, overnight totals are a key part of the Utah child support formula. Your overnights directly affect your child support, whether you pay or receive. Most overnight totals are estimates (and thus incorrect). Utah attorneys and judges often rely on overnight estimates, even if they are incorrect, because counting overnights is tedious and time consuming. Divorcing parents often rely on these estimates as well. Using estimates means your overnight totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact. How to calculate overnights instead of relying on estimates?To calculate overnights, the easiest and most accurate way is to use software. Without software, you’re forced to count each night for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year. Using software, you can also tweak your schedule to see how even little changes affect your total overnights, and you can see how your overnights change each year due to holidays and other events. You can also track what actually happens, and show how many overnights you’ve actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time. Child support formulas in Utah are tied to sole or joint physical custody status.• Utah sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to overnight visitations. In Utah, when the nonresidential parent has 110 or fewer overnights with the children, the family courts classify it as sole custody. Parenting time does not figure into the formula. • Utah joint physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. Utah requires that each parent host more than 110 overnights per year to qualify for joint physical custody. The number of overnights affects the amount of child support. Utah family courts use different formulas for sole and joint custody child support amounts.• Sole physical custody: Utah family courts use a physical care method, which assigns a child support amount based on each parent’s income. The nonresidential parent pays child support to the residential parent. Parenting time does not factor into the formula. • Joint physical custody: Utah family courts use a formula that adjusts the amount of child support payment based on the number of overnights each parent has with the children. As the overnight totals increase, the amount of child support decreases. Examples of sole custody and Utah child supportLook at a sole custody scenario for a hypothetical child support case in Utah. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children. Robert and Mary agree that he will have fewer than 110 overnights and he will be the nonresidential parent. See how the child support amount differs in these sole custody examples: Scenario #1: As the nonresidential parent, Robert will pay Mary $835 in child support. Scenario #2: If Mary got a new job with equal pay to Robert, he would pay $721 in child support. Scenario #3: If Mary became the higher earner at $4,000 per month while a layoff forces Robert to take a lower paying job at $2,400, he would still pay a portion of his income to Mary for child support. In this scenario, he would pay $501 to Mary. In Utah, the nonresidential parent pays child support to the residential parent, regardless of which parent earns more. If the custody was reversed, and Robert had sole physical custody of the children, Mary would pay a percentage of child support based on her income to Robert. Examples of joint custody and Utah child supportConsider the hypothetical joint custody case of Robert and Mary. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children. See how the child support amounts change in these joint custody examples: Scenario #1: Robert hosts the children for 111 overnights, the minimum required to qualify for joint physical custody. He pays $831 in child support to Mary. Scenario #2: If Robert increases his overnights by two weeks to 125 per year, his child support amount lowers to $781 per month. Scenario #3: If Robert’s overnights are equal to Mary’s, with 182 overnights, his child support amount lowers to $179 per month. Scenario #4: If Robert’s overnights exceed Mary’s, such as 200 overnights, Mary pays him child support. In this case, Mary pays Robert $36 each month. In Utah joint custody cases, the nonresidential parent pays child support to the residential parent, based on a percentage of his or her income. Other factors in the Utah child support formulaUtah’s child support formula uses the following information to calculate your monthly amounts for joint custody child support: • Overnights: Unlike some states, Utah does not factor in daytime visitations into a child support formula—only overnights. The nonresidential parent must host the children for 111 overnights or more to qualify for joint custody. • Eligible children: Qualifying children in Utah must be under the age of 19 or still in high school. Disabled children who must remain with the residential parent may require child support past these limits. • Gross earnings: Gross earnings are established based on tax records and current pay stubs. Utah law requires the use of both parents’ incomes from the equivalent of one full-time job to determine a child support amount. How accurate child support helps your childrenPaying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met. Here are some other reasons why accurate overnight numbers help you, the other parent and your children: Your financial obligations to your children don’t end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount. Utah parenting time percentages only count overnight visits. Child visitation during the day or into the evening does not affect child support amounts. When a Utah family court awards sole custody to the residential parent, the children will spend fewer than 110 overnights with the nonresidential parent. The number of overnights will have no impact on child support. When a Utah family court awards joint custody, the children spend at least 111 overnights and probably more outside the primary residence. As the scheduled overnights increase with the nonresidential parent, the child support amount slowly lowers. Most people use estimate to calculate overnights, which can lead to inaccurate numbers in the Utah child support formula, resulting in incorrect child support amounts. Do I Pay Utah Child Support when We Share 50/50 Custody?When parents share 50/50 custody, they assume there won’t be any child support. This makes sense because you figure that if you share everything equally, there’s no need to pay child support. Only problem is that’s not how it works in real life. Child support doesn’t belong to a parent. Instead it belongs to the child. This means neither parent can negotiate away child support, nor everyone’s bound by Utah’s child support guidelines. How Utah Child Support Works at 50/50 CustodyChild support is straightforward. The more parent-time one parent has in relation to the other (i.e., the farther you are from 50/50 custody), the more child support will be paid. On the flip side, the closer you get to 50/50 custody, the less child support will be paid. Once you get to 50/50 custody, child support usually becomes pretty minimal, but there will be something, unless both parents make the same amount. Here’s an example of what I’m mean: Husband and Wife have 1 child. Husband makes $6,000 gross per month. Wife makes $3500 gross per month. If they shared 50/50 custody, Husband would pay $141 per month in child support. So, just because you share 50/50 custody doesn’t mean you won’t pay child support. You very likely will, unless incomes are the same. Why do fathers still have to pay child support despite having joint custody?In Utah, it could be said that child support is intended to ensure that the lifestyle to which the children were accustomed when they lived with both parents is preserved (as much as possible) once the children go back and forth between both parents’ homes. So if Dad earns 3x what Mom does, and Mom has the children with her about 75% of the year, Mom can’t possibly maintain the same standard of living as Dad does. So the court orders Dad to pay Mom money each month for her to spend on the children roughly equivalent to the amount Dad would spend on them. The law isn’t perfect, but you get the idea. So where Dad pays Mom $1,500 per month for two kids who spend 75% of their time with Mom, it makes sense that Dad would pay less child support if he were to have the kids with him 50% of the time. Remember: Dad out-earns Mom by 3:1. Just because he has the kids with him half the time does not mean Mom earns as much money as Dad does, so Dad still has to pay Mom some money (albeit less) to ensure that the kids’ standard of living can be more or less equal at both parents’ homes when the kids are there. Here’s how it works using Utah’s child support formula: Assume that: Mom and Dad have 2 kids. Dad grosses (Utah uses gross income to calculate child support) $3,800 per month. Mom grosses $1,257 per month. This is roughly a 3:1 ratio. If Mom had sole custody of the kids, and Dad saw them every other weekend, a few hours mid-week, and then during some holidays and part of the summer, Dad’s child support obligation would be $893 per month. But if Mom and Dad had joint custody on an equal time-sharing basis, Dad’s child support obligation would be between $288 and $309 per month (depending upon which parent has the kids 182 or 183 days out of the year). So Dad’s obligation is now lower, but Dad still has a child support obligation to Mom. And now you know why. Can You Divorce and Not Pay Child Support?Utah does not allow you to waive child support. The child support is for the child and therefore, not for the parents to decide if you can or cannot pay. It is best for a child to receive financial support from both parents. If you completed a divorce without the help of a court or mediation, you may have an arrangement worked out with your ex where you do not pay child support but only if your incomes are comparable and you share 50/50 custody. Or child support is lower and you choose to waive it based on one of the four factors required in Utah. But such arrangements would be extremely unusual. For the most part, if you’re getting divorced, and you have children, and you are the higher earner, you should plan on paying child support. How Can I Avoid Child Support?Truthfully, the best way to get out of child support is to not have children. The other way you can get out of child support is if you petition the court to voluntarily terminate your parental rights. However, such petitions are rarely granted and they are never granted on the sole purpose of avoiding your financial obligations. If your ex has remarried and their new spouse would like to adopt your child, a judge may grant your petition to terminate rights. But if nobody wants to adopt your child in your place, you will likely be unable to terminate your rights. Some people decide to quit their jobs in order to prevent their child from getting financial support. However, since child support is based on earning potential, not actual income, a parent will still have to pay child support even if they’re voluntarily unemployed or voluntarily reducing their income. Aside from refraining from procreation, there’s no way to prevent being legally obligated to financially support your own child. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post If I Have Joint Custody, Do I Still Have To Pay Child Support? first appeared on Ascent Law, LLC.
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/if-i-have-joint-custody-do-i-still-have-to-pay-child-support/ Is there a maximum amount that can be garnished from my wages for child support?There is a limit on how much of your wages can be garnished to pay child support (or child support plus spousal support). Believe it or not, however, the amount you are paying is well below that limit. Generally speaking, there are a lot of legal protections for debtors when it comes to how creditors can collect what they are owed. For example, a credit card company or department store can’t simply garnish your wages if you stop paying your bills. They must first sue you, win the lawsuit, and get the court to issue a wage garnishment order against you. Once they jump through all of these hoops, the amount they can garnish is limited to a maximum of 25% of your disposable income. The rules are different for debts that are considered a higher priority. These debts include back taxes, student loans, and child support. Since 1988, all court orders for the payment of child support automatically include an order for wage withholding to pay that amount. (If you also owe spousal support or alimony, that amount may be included in the wage withholding order. However, if you owe only spousal support and not child support, the court will not automatically order wage withholding.) Because child support is so important, the law sets a very high limit on the amount that can be withheld from your paycheck for this purpose. If you are not currently supporting another child or spouse who are not the subject of the order, up to 60% of your wages can be garnished. However, if you are currently supporting another child or a spouse (for example, if you have remarried and had another child), the court can order that up to 50% of your wages be withheld for child support. The amount withheld from your check about a third of your wages is well within these limits. If you feel that you don’t have enough to live on after your child support is deducted, that’s a matter to bring up with the family court judge. Talk to your divorce lawyer to find out your chances for obtaining a modification of your child support obligations. Calculating Child Support Payments in UtahIn the United States, laws regulate the payment of child support from one spouse to another using civil statute; however, different states take different factors into account. While every state weights factors slightly differently, there are a few major factors that will play a role in the calculation of child support in the state of Utah. Knowing how child support is calculated will place you in a position to defend your rights if you have to discuss child support during divorce proceedings. Breaking Down Child Support Calculation in UtahThere are a few major components that are going to play a role in the calculation of child support in the state of Utah. These include: Utah Code Section 78B-12-301 is used to determine monthly Child Support payments. This table is used when the court takes into account the incomes of both parents prior to issuing any child support orders. The Role of Medical Expenses and Child Care ExpensesAs long as health insurance is available at a reasonable price, the cost of providing health insurance for any children involved is shared equally between both parents. The same is true of any non-insured medical expenses. Some of the most common expenses that might not be covered by health insurance include: • Deductibles for visits to the emergency room These are going to play a role in the calculation of child support in the state of Utah. Furthermore, parents are also required to share any work-related childcare expenses evenly. This includes putting kids in daycare of summer camp while one or both parents are at work. Tax Exemption for Any Dependent ChildrenFurthermore, a child support order could also establish which parent is allowed to claim the child as a dependent when it comes to federal or state income tax guidelines. Unless both parents are able to agree on who can claim the child as a dependent on his or her taxes, the court will issue an order awarding the exemption. Usually, this order is based on who is going to have primary custody of the child and who is bearing the majority of the expenses when it comes to raising the minor children. The court may also not award an exemption to a parent unless that exemption will actually lead to a tax benefit. It is important to rely on an expert legal professional who understands how this process works. How Child Support Is Really Calculated in UtahIt seems that divorce is never fair. In fact, divorce seems to be the most complicated and confusing thing one can go up against in his or her life. But wait until you start trying to figure out how child support is calculated in Utah… Most divorcing couples have no idea how child support is calculated in Salt Lake City or elsewhere in Utah, and this is part of the reason why they end up with the kind of child support arrangement they were prepared for neither financially nor emotionally. Some people may think that child support is calculated based on the income of both parents, the number of children, and their custody arrangement, but in reality, there is so much more that’s going on when Utah courts determine child support. So you may be surprised to find out what factors are actually taken into account. How To Calculate Child Support In UtahLet’s start with the basics. Before digging deep to consider all factors and determine the child’s best interests, a family court will examine the gross income of both parents separately. The gross income of a parent includes income from all the sources, including salaries, rent, social security bills, and even unemployment payments and employments benefits. However, things like housing subsidies, welfare benefits, and general assistance are typically excluded from the equation when determining child support. Fact: the average amount of child support reaches nearly $5,800 per year in the U.S. If a parent refuses to work just to avoid providing the other parent with child support payments, or voluntarily takes a pay cut just to be obliged with lesser payments, or deliberately quits his/her job altogether a Utah court will take into account the past and current earnings of the parent. Another factor that is important when calculating child support in Salt Lake City and all across Utah is the amount of time each parent is going to spend with the child as per the existing custody arrangement, which can be sole custody, joint custody, or split custody. Utah Child Support Calculator FormulaUnder the Utah State Legislature, local courts use a certain formula to calculate the amount of monthly child support payments in each case. The following factors are taken into consideration in the formula: • The needs of the child, including medical care, education, insurance, and if he/she has any special needs; Can You Ever Change The Amount Of Child Support?The parent who is obliged to make monthly child support payments is legally required to pay without delay, and cannot pay less, only more, if he/she wishes to. The court must always approve the amount of child support payments if the parents agree to any changes in child support. If the court obliges you to pay the amount that you cannot afford – or had been able to afford for a while and now the arrangement is putting a heavy strain on your budget – you can always request a child support modification. • Your diminished ability to earn; My Ex Won’t Pay Child SupportIf your ex is not paying child support, you may need to file a motion to enforce the court order. An experienced family law attorney can help you accomplish this. Unfortunately, a lot of parents try to take child support issues into their own hands. When an ex is behind on child support payments, some parents decide to disallow visitation. Do not do this. A judge may interpret interference with parent time as discouraging the parent-child relationship with your ex. Can You Divorce and Not Pay Child Support?Utah does not allow you to waive child support. The child support is for the child and therefore, not for the parents to decide if you can or cannot pay. It is best for a child to receive financial support from both parents. If you completed a divorce without the help of a court or mediation, you may have an arrangement worked out with your ex where you do not pay child support but only if your incomes are comparable and you share 50/50 custody. Or child support is lower and you choose to waive it based on one of the four factors required in Utah. But such arrangements would be extremely unusual. For the most part, if you’re getting divorced, and you have children, and you are the higher earner, you should plan on paying child support. How Much Child Support Do You Pay?How much child support you will pay is mostly based on your income and how much physical custody you have. So, if your child lives with you half of the time, you will likely pay less child support than you would if the child didn’t live with you at all. Online child support calculators may be able to give you some estimate of how much child support you can expect to pay. But each situation is different, so you may end up paying more than the estimate or less than the estimated child support. Do I Pay Child Support if My Wife Makes More Money?You may still be asked to pay child support even if your wife, or husband, makes more money than you do. This is because it’s in the best interest of your child to have financial support from both parents, regardless of how much or how little a parent earns. Judges also want children to have a life that resembles the life they had before the divorce occurred. In a lot of cases, both incomes need to contribute to providing that life for the child. Kelly Clarkson was famously ordered to pay $50,000.00 per month for child support even though her husband was far from impoverished. Though most children can, and do, live off of far less than that, the judges felt it was important for the children to have a comfortable life with their father, just like they have with their mother. Can child support be reduced?Children require financial support in order to get through life. They simply do not have the resources to pay for their own education, food, clothing, shelter and extracurricular activities. For these obvious reasons, both parents are typically financially responsible for their children. This is the case whether they are seeking a divorce, or were never officially married. Typically, the non-custodial parent will need to supply their ex-spouse with monthly child support payments. But what happens if you are the paying parent and need to lower the monthly payment? What happens if lose your job or the child turns 18? These are all common issues that can arise over the course of the child/children’s life. Utah Code § 78B-12-219 (Adjustment when Child Becomes Emancipated) provides that base child support will be automatically adjusted as soon as the child: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-much-child-support-can-i-expect-to-receive/ In the state of Utah, during or following a divorce or legal separation, the court will consider whether either spouse is in need of alimony. The decision of the court will take into consideration a few main points and any other factors they find relevant to the specific case at hand. Factors to be taken into consideration by the court include, but are not limited to: In the end, if an agreement cannot be made between the two parties, alimony is awarded at the final judgment of the judge and court deciding the case. In the state of Utah, a number of factors are taken into account when calculating the amount and duration of alimony or spousal support payments. Is There A Set List Of Statutory Factors For Calculating Alimony?Utah has a defined list of factors, described in statutory law, that are legally required to be considered by a judge when determining alimony payments. These factors may be directly connected to the alimony calculation formula. Is Marital Fault Considered In Utah Alimony?Utah considers marital fault when determining alimony payments. This means that “at-fault” divorces, which may be caused by infidelity / adultery, abuse, e.t.c. can result in the at-fault party paying more “punitive” alimony. Is Standard Of Living Considered In Utah Alimony?Standard of living is considered when calculating alimony payments in the state of Utah. This means that a judge will consider the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount. Is Custodial Status Considered When Determining Alimony In The State Of Utah?The judge in the state of Utah considers custodial status when determining alimony payments. This means that alimony calculations are affected by whether or not the receiving spouse has custody of the children, and custodial spouses may receive higher alimony payments. How Exactly Is Alimony Calculated In The State Of Utah?Calculation of alimony is generally done on a case-by-case basis by the Utah family court judge who is responsible for the case. While some states have a fixed alimony calculation formula, in most cases the final amount and duration of alimony awarded (if alimony is awarded) is at the discretion of the judge. How Long Alimony Must Be Paid?The duration of payments is determined by a judge in Utah family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge). Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even award permanent alimony. What Happens If Alimony Isn’t Paid?If alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony. Can Alimony Be Waived By A Prenuptial Agreement?A prenup agreement is a contract between spouses regarding marriage-related financial matters signed prior to marriage. Limitation or waiving rights to alimony is a frequent clause in modern prenuptial agreements, but some states or localities prohibit such alimony waivers. Can Alimony Be Collected If you’re Not Married?The legal concept of alimony, otherwise known as spousal support, is dependant upon a legal marriage. However, in some areas – especially those with a concept of common-law marriage – “palimony”, or support payments between non-married individuals, has been awarded by courts. However, this generally requires extenuating circumstances. Factors To Consider When Calculating Alimony To Receive Financial Stability Before The DivorceFinancial situations leading up to and following a separation may also be considered. For instance, if a wife leaves her husband shortly after he loses his job, he may not be required to provide alimony that would have befitted their lifestyle while he was still employed. In other words, the financial situation of the spouse seeking alimony is just as important as that of the one writing the check. The earning potential (education or prior work history, for example) of the recipient spouse is also considered, even if that person wasn’t employed during the marriage. What Caused The Breakup?The next biggest factor is the cause for the dissolution of the marriage. In most cases, the spouse filing for divorce will simply cite “irreconcilable differences.” In other words, that person simply does not want to be married to their spouse any longer. Neither person is found to be at fault for the divorce. In other instances, one person might be found more responsible. The most frequent reason for divorce in these cases is adultery. In Salt Lake City and Utah as a whole, adultery is taken very seriously. Unlike in other states, adultery is actually a misdemeanor in Utah. If a plaintiff can prove in court that their spouse cheated or if their spouse admits to adultery then a judge might deny the guilty party alimony altogether. Other criminal activities are considered as well. For instance, it would be considered unreasonable for a judge to order a wife to pay her ex-husband alimony if he has a history of gambling. Child SupportAnother factor used when determining alimony eligibility in Utah is whether or not the spouse demanding payment is the primary guardian of the couple’s children. Though one parent may also be required to pay child support, this is not exactly the same. Additional alimony would perhaps cover income that the primary guardian would be unable to earn because of their child-rearing duties. How Long The Couple Has Been Married For?On top of everything else, the length of the marriage is also weighed. If a couple files for divorce after eight months, the degree to which their financial lives are tied up is obviously different than a couple who’s been married for thirty years. Additionally, the paying spouse may request the end of alimony responsibilities if their ex-partner remarries or simply moves in with a new partner. Reach Out To an Experienced Family Law AttorneyThere comes a time in everyone’s life when you have to stand up for your rights and claim what’s yours. Don’t do it alone. An alimony attorney can improve the chances of winning your alimony case. Under Utah law, alimony does not usually last longer than the marriage without special circumstances. That means if you were married for 20 years, alimony payments will not last more than 240 months. If you are awarded temporary alimony, those months usually count towards the total months that you will receive. If your marriage has been short-term (something not specifically defined in the law, but usually less than 10 years), the judge may consider ordering alimony for a shorter time. This is because the judge believes that you need support for a time to get back on your feet, but not for a long time. However, if you have moved around often with your spouse so they could pursue job opportunities, or you often took lower paying, less permanent employment to be flexible for your spouse’s schedule, those factors can extend the time you receive alimony (but not longer than the length of the marriage). There are also a few other conditions that could impact your alimony payments. First, if you get remarried, your ex can stop paying alimony. The court assumes that your new spouse has taken on the duty to provide support and will require that person to assume the provider role. Make certain you take that into account when figuring out whether to remarry. What Is Alimony Mediation?When a marriage ends through divorce and alimony is expected to be paid, spouses have the choice to determine an alimony agreement either through litigation (in Utah family court) or through mutual agreement. Often, a Utah alimony mediator can be brought in to help the ex-spouses come to a mutual agreement regarding alimony and other contested issues such as property division, and thus avoid having to go to court. How Are Alimony Payments Taxed?On a federal level, all qualifying Utah alimony payments are deductible by the payor, and counted as taxable income by the recipient. To qualify as alimony under IRS guidelines, the following must be true: Myths About Alimony1. Women are always awarded alimony in a divorce: False It also factors in if one spouse supported the other spouse (financially or by providing care for the children) while they obtained their education and the income of the working spouse. Alimony is not likely to be awarded if the marriage didn’t last very long or if the stay-at-home parent has a good education and can realistically work. 2. Only women can receive alimony: False 3. Like child support, alimony is calculated using gross income: False 4. When alimony is awarded, it is usually on a permanent basis: False 5. Alimony isn’t tax-deductible: False 6. I would rather pay a property settlement rather than alimony: False Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-much-alimony-can-i-expect-to-receive/ Supervised visitation is when a parent is only allowed to visit with their child under the supervision of another individual, such as a family member or a social worker. The visit may take place at the parent’s home or in a designated visitation facility, such as a child care center. Judges typically order supervised visitation when the visiting parent’s fitness is in question, such as in the event of prior alcohol or substance misuse, or if there have been allegations of abuse or domestic violence. How Supervised Visits WorkTypically, the visiting parent will need to report to the designated visitation center to visit with the child, or the judge will arrange for the child to be delivered to the parent’s home. In both cases, the judge will specify who is to supervise the sessions. Many times, a counselor or social worker supervises contact and ensures that the parent visits with the child in a controlled setting. When Is Supervised Child Contact Required?Courts, judges, and CAFCASS officers refer families to child contact centers when supervised contact is in the best interests of the children. It is often mandated in situations where a parent’s past behavior puts a child’s safety into question. Circumstances for which supervision might be ordered include past allegations of violence or abuse, either toward the other parent or child, substance abuse, or neglect. Supervised contact may also be ordered in cases where a parent is reentering a child’s life after a prolonged period without contact or if there is a risk of abduction. While it may place certain restrictions on how a parent and child can spend their time together, supervised parenting time still allows parents to foster relationships with their children. Duration of Supervised Visit OrdersA judge may order supervised visitation temporarily or indefinitely. If there are allegations of abuse or domestic violence, a judge may order that visitation with the accused parent be supervised until the allegations are fully investigated. Judges take allegations of abuse or violence seriously and will investigate these allegations fully. If a judge has already determined that a parent is not fit for custody, the judge can still allow visitation on an ongoing basis, but require that the visitation is supervised in a controlled setting. In these cases, visitation will remain supervised until the parent can demonstrate that there has been a change in circumstances, such as attendance in a drug rehabilitation program, which impacts the parent’s fitness. Do Visitation Orders Change or Expire?Once a judge has determined custody and visitation through a court order, the order remains in place until a parent can demonstrate that there has been a change in circumstances. A change in circumstances can be one parent’s decision to move, a parent’s successful completion of rehabilitation or counseling, or other changes that impact a parent’s suitability. The parent who wishes to change the court order must return to court and request that the agreement is modified to reflect the change in circumstances. What Else Should Parents Know?Parents should understand that supervised visitation is designed to protect the safety of children while also allowing parents to maintain contact with their children. If you are a parent whose visitation is supervised, consider how you can demonstrate your fitness to a judge. If the other parent has accused you of abuse or domestic violence, you should cooperate with any investigation ordered by the judge. In addition, if you are a parent who is worried about the safety of your child in the presence of the other parent, you should inform the judge of this immediately. Visitation FacilitatorThe Visitation Supervisor is responsible for supervising court ordered parenting time. The Visitation Supervisor will protect the integrity of the parenting time by providing a positive atmosphere where parents and children may connect and interact in a safe, structured environment. Additionally, she/he will adhere to the policies and procedures of Families First Center. Making the Most of Supervised ContactChildren want to have healthy, loving relationships with both of their parents, but separation or divorce often takes a toll on these connections. One of the ways that it does so is by changing the amount of time that parents and children spend together. In some of these cases, third-party supervision requirements dramatically alter the time one parent spends with their children. Frequently enforced by court order, supervised child contact involves scheduled appointments for parent-child contact that will be monitored by a third party in a safe environment. Types Of Supervised ContactDepending on the situation, different types of supervised contact may be ordered. Supervised contact between parent and child can take place at someone else’s home or under the supervision of a relative or mutual friend of the parents. It can also take place at a contact centre where trained staff members will monitor the contact session. The staff member will be familiar with the family’s case and can document the events of the session. Stay UpbeatKeeping a positive mindset is vital, as is remembering that the supervisor isn’t the enemy. In fact, if parents play their cards right, they might even be able to turn the situation to their advantage. Keeping a cooperative attitude and showing a supervisor that he or she is willing to do whatever it takes can go a long way towards getting back their unsupervised visits. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Do Common Time Sharing Arrangements Look Like? Can I Call My Child As A Witness In Court To Say Where She Would Like To Live? Can Credit Card Companies Take Your House? How Does Bankruptcy Impact My Credit? What Do I Do If I Suspect Or Have Proof Of My Ex Putting My Child At Risk? What Do I Do If My Ex Doesn’t Pay Their Child Support? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-does-supervised-visitation-mean/ The adoption process can take an incredibly long time, which can cause serious strain and stress for some families. Usually, the time it takes to adopt a baby can be anywhere from several months to a year or more, and the wait time can be even longer to adopt a child through international adoptions. Though long wait times may be necessary for some adoptions, many families wish to find ways to reduce these long waits in any way that they can. There are a wide variety of reasons why wait times may vary from adoption to adoption, and this includes the personal preferences of the Adopting Parents. Fortunately, there are ways to minimize adoption wait times that can help you adopt a child grow your family sooner rather than later. Other reasons may include financial funds. Typically, if allowed by state law, Birth Mothers require financial assistance during their adoption journey. Having funds set aside beforehand, as allowed by state law, for these expenses may help speed up the preparedness of the Adoptive Family. Why Adoption can Take so LongIn both domestic and international adoptions, average wait times for adopting a child can range from a few months to over years. A lot goes into adoption, and there are often very stringent requirements set in place by the government, as well as adoption agencies and professionals, in different states and countries. Your adoption wait time could be lower or higher depending upon where you adopt from, and the type of adoption you opt for can play a part in the wait time as well. For example, if you decide to adopt a child from outside of the country, you will have to follow not only your home country’s adoption rules, but also the rules of adoption in your child’s home country. With the combination or requirements, rules, and stipulations, waiting for your child can become a long process. What you can do to reduce the Wait TimeThere may be certain factors that help minimize adoption wait times. Your adoption preferences will play a major factor in your wait time. The stricter your adoption plan and preferences, the longer the wait time can be. Some families find that having a rigid adoption plan is best for ensuring that everything runs smoothly when trying to adopt a baby. Such rigid plans, however, leave little room for any changes that can actually bring your child to you sooner. The best thing to do if you want a shorter wait to is to have plenty of flexibility in both your plan and the various factors associated with adoption. These include: • Race: As Adopting Parents, you may have preferences in the race/ethnicity of the child you would like to adopt. When you are open to adopting a child of a different race/ethnicity, your profiles will be seen by more Birth Parents, which may help in minimizing your wait time. • Gender: Those who approach adoption with a certain child in mind may think they’ll make their adoption process go faster, but it can actually slow things down. Wanting a boy or a girl can affect wait times depending upon age, availability, health, and other factors depending upon where the child is being adopted from. • Budget: Adoption can get pricey, and though there are grants and loans available for adoptive families, sometimes the budget just isn’t what it needs to be. Your budget can get a major say in when you adopt, who you adopt, and how you adopt, so it’s important to be as financially prepared as possible. This means being open to taking out loans and applying for grants, as well as other financial resources and avenues. • Contact with Birth Parents: Whether you choose an open or closed adoption can impact your wait time as well. It is difficult to say which choice is shorter, as each come with their own advantages and disadvantages. This factor relies heavily on the child that is placed with you and the relationship you hold with the Birth Parents. Today, most adoptions are open or semi open in which the Birth Mother may receive photos and/or update about the child, and, in some cases, may even visit. While adoption wait times can be long, you don’t have to suffer and wait forever. Try to be open, flexible, and ready for anything when looking to minimize wait times. By doing so, you can find ways to be more open to the many diverse options. Sometimes, the wait time can be dramatically affected by your own personal desires and wants in your adoption plan. Take a look and reevaluate what is important to you in your adoption preferences and talk with your adoption professional for guidance. It may be that the perfect child for your family is one that you never expected. In every case, any child is a miracle of life and a blessing, and he/she will certainly find a home in your arms if you surround it with love. Things You Need to Know Before Starting the Adoption ProcessEven though our hearts were broke open initially, in the end, faith and adoption brought us our Noah. If you’re considering adoption, here is what I think you should know. 1. Be patient 2. Decide on an agency or lawyer 3. Decide on a closed or open adoption 4. Prepare your paperwork 5. Talk to other adoptive parents 6. Get your finances in order 7. Be hopeful 8. Get on the same page with your partner 9. Consider the child you want How Long Does It Take To Adopt A Child?There’s not a single definitive answer. Every adoption process is unique. Your circumstances, the details of the prospective birth mother’s life and the adoption agency you work with will all come together to create your adoption journey. That may seem vague. Unfortunately, reality is vague in this area. But, there are some things you can look out for that will impact the length of the adoption process. These are factors relating to the adoption agency you work with. While the agency is only one-third of the equation, it can have an outsized impact on how long it takes to adopt a baby, for better or for worse. That’s why one of your biggest reasons for selecting a particular adoption professional should be how long it will take for you to adopt a child with them. Understanding the Adoption ProcessWhen most people ask how long it takes to adopt a child, they’re thinking of the dreaded “wait time” before your adoption specialist calls to tell you that an adoption opportunity has come up. We’ll get into detail about that in just a minute. First, you should understand that there are other parts of the process that will affect how long it takes. Before you become an “active family” waiting for an adoption opportunity, you will have to complete the home study, create an adoptive family profile and work with your adoption specialist to meet any other requirements. This can take several months or more, depending on the agency you work with and how prepared you are to adopt. Then, after you have accepted an adoption opportunity, there’s still a ways to go. In domestic infant adoptions, you will have to wait until the baby is born, and then another six months (on average) to complete post-placement visits and finalization. The adoption process takes many steps to complete, and the length of the whole thing, from start to finish, can vary. This is important to understand before discussing the most challenging step in the process. Once you become an active family, waiting for that phone call is really hard. You want it to happen as quickly as possible. 1. Advertising Budget 2. Number of Active Adoptive Families For example: Adoption Professional A has 100 active adoptive families and completes 100 adoptions per year, giving them a ratio of 1:1. Adoption Professional B has 200 active adoptive families and completes 50 adoptions per year, giving them a ratio of 4:1. Therefore, Adoption Professional A monitors their completed adoptions with the number of adoptive families they let join, while Adoption Professional B lets in four adoptive families for every one adoption they complete. 3. Your Adoption Plan For example, if a family is only open to adopting a Caucasian child, their exposure will be limited to a smaller number of prospective birth mothers. If another family is open to children of Caucasian, Caucasian/Hispanic and Hispanic backgrounds, their adoption professional would be able to show their profile to more women looking for an adoptive family. If you have certain preferences in your adoption plan, it is important to discuss these with any adoption professional you are interested in, as these preferences could dramatically affect how long it takes to adopt. 4. Understand You Can Only Do So Much Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-long-does-the-adoption-process-take-2/ Many states define “alimony” as a court-ordered payment made by one ex-spouse to the other. Courts can also award temporary spousal support while a divorce is pending Judges award alimony in to try to equalize the financial resources of a divorcing couple. When deciding whether to award alimony, a judge will consider whether one spouse has a demonstrated financial need and if the other spouse has the ability to pay. Judges usually award alimony in cases where the spouses have unequal earning power and have been married a long time. For example, a judge isn’t likely to award alimony if the couple has been married for only a year. In fact, some state laws allow alimony awards only when the couple has been married for a certain amount of time. How Does Alimony Work?Although judges have to follow state law in deciding whether alimony is appropriate, they usually have a lot of discretion in deciding when and how someone has to pay it. An alimony award can be temporary to support a spouse only while the divorce is pending or a permanent award that’s part of a divorce decree. • a lump-sum payment In general, lump-sum alimony awards and alimony in the form of a property transfer are non-modifiable, meaning they can’t be changed later and can’t be terminated or undone. Periodic alimony payments may be changed when there’s a significant change in one or both of the spouses’ circumstances. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other (the “supported” or “dependent” spouse) each month. A periodic or monthly alimony award will end on a date set by the judge, or when one of the following events occurs: • the supported spouse remarries As with most issues in your divorce, you and your spouse can negotiate and reach an agreement about the amount of alimony and length of time it’ll be paid. If you can’t agree, you’ll need to file a formal motion (request) asking a court to decide alimony. The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order. One of the downsides of asking the court to decide is that if you’re represented by an attorney, the expense of going through a hearing can be significant. Even if you’re not represented by an attorney, you will have to spend a lot of time gathering evidence (such as financial documents) and preparing for the hearing. How Courts Decide AlimonyEvery state has its own guidelines on what judges should consider when deciding whether to award alimony. Most states require judges to evaluate: If you’re the spouse asking for support, the court will look closely at your current income or ability to earn if you aren’t currently working. When the supported spouse has been out of the workforce or has been underemployed (has an opportunity to work full- or part-time but chooses not to) for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent. For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse’s career, a judge will examine the medically trained spouse’s future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce. For example, a judge might require a spouse who has a part-time job that doesn’t pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order (or the paying spouse might request) that an expert called a “vocational evaluator” make a report to the judge on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then compare the spouse’s qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn. Enforcing an Alimony AwardThe duty to pay alimony begins as soon as an order requiring it is signed by a judge. An alimony order is enforceable by the supported spouse: If the paying spouse isn’t actually paying, the supported spouse can file a “show cause” action (motion), and the court will set a hearing to determine why the paying spouse isn’t following the order and what the court should do to enforce it. Family law courts have various tools at their disposal to enforce alimony payments, and a deadbeat spouse could face fines and penalties for failing to follow an alimony order. A court can also order a spouse to pay alimony retroactively to make up for any missed payments. Types of AlimonyThere are several different types of alimony that can be awarded during a divorce: 2. Permanent or long-term alimony – This type of alimony is much less common now than it once was. It is given to one partner until their death, retirement, or remarriage. 3. Rehabilitative alimony – This is the more common type of alimony given in divorces today. It has a fixed end date set by a judge; the date is selected based on how long the judge believes the individual needs to get back on their feet. 4. Reimbursement alimony – This form of alimony, as the name implies, is given as a reimbursement for any investment made into the other spouse’s education or business. For example, if one spouse worked to put their partner through college, and they were divorced shortly afterwards, the judge might award reimbursement alimony to the first partner until the “debt” is repaid. Equal ReimbursementIn the case of reimbursement alimony, the duration of the alimony payments is typically equal to the duration of the support received. So, using the same example as above, let’s say your spouse support you through four years of college. In most cases, this would mean that your reimbursement alimony payments would also last for four years, balancing out the amount of time and the approximate cost your ex put into supporting you. EmployabilityIn many relationships, one spouse is the primary income-earner while the other tends to children and household tasks. In these cases, the partner who was responsible for the care of the household often finds themselves with a large gap in their employment history. They may have even dropped out of school to care for children at home, leaving them with a lack of skills, education, and work history needed to find gainful employment after their divorce. In these cases, the person lacking in these areas will typically receive alimony until they can receive the education or training needed to find a job. Alternatively, if both partners have comparable skills and education, and the judge determines that they are equally employable, spousal support is typically not awarded to either spouse. Duration of MarriageAnother factor that a divorce court will look at when determining the duration of spousal support is the length of the marriage. While the final determination will vary by case (and each state has a different guideline that judges follow), these are the averages based on the length of the marriage: • 5 years or less – Alimony is awarded for approximately half of the length of your marriage. So, if you were married for four years, you can expect to make alimony for roughly two years. • 10-20 years – On average, you can expect to pay alimony for about 60 to 70 percent of the length of your marriage. So, if you were married for 20 years, your alimony will likely last between 12 and 14 years. However, this can change considerably based on individual circumstances and the judge overseeing your case. • 20+ years – Marriages that lasted this long are the most likely to see permanent alimony. This means you should expect to support your ex until retirement or until they pass away or remarry. Avoiding Monthly Alimony PaymentsMaking monthly alimony payments can be frustrating for a former spouse. Some people may want to avoid monthly payments because they don’t want to risk the consequences of missing a payment one month. Others may want to make a lump sum payment so they can move on with their lives and not have a monthly reminder of a prior marriage. Just like collecting a lottery winning all at once instead of spreading it out over a period of years, you may be able to pay off your entire alimony balance at once and avoid making monthly payments. How to Avoid Monthly Alimony Payments: Use Lump Sum Payment. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How Long After Alimony Is Awarded Before I Start Receiving Payments? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Types Of Spousal Support Am I Eligible For? How Is The Child Support Obligation Calculated? How To Get A Good Divorce Settlement If I Can’t Afford A Lawyer? If I File Bankruptcy Do I Have To Go To Court? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-long-after-alimony-is-awarded-before-i-start-receiving-payments/ Deciding whether you’re in a failing marriage that’s beyond repair is obviously not a choice that comes easily—especially when you’ve put in the work to try and salvage what feels like a loveless partnership. You might’ve chosen to overlook those first signs that divorce is the best move for one (or both) of you, and you’ve been coping with an unhappy relationship for some time. Or, perhaps you hope that the union’s still got some fight left and you’re not ready to leave. It’s not a decision to take lightly. But now, whether it’s a matter of one too many arguments, trust-sapping infidelity, or something else entirely, you’re clearly contemplating a permanent split. Many relationships can be revived, but if there’s been too much neglect, damage, or depletion of all the ‘nutrients’ necessary to cultivate a healthy relationship, it may have reached its final expiration date.” You never argue.Believe it or not, you’re supposed to argue. Silence and avoidance can be detrimental to a relationship. When you just can’t be bothered anymore, it means something is missing. While not all fights are productive, it’s healthy to be able to resolve arguments in a way that benefits the marriage, you fight for each other. You fight for the relationship. The biggest problem is when there’s no fight left. Winning is everything.While never fighting (i.e. complete detachment) may be one sign of impending divorce, the way you argue when you do have a disagreement is another indication. “Ideally, you want a conflict to be resolved in a way that preserves the relationship, if fighting is more about pointing fingers, placing blame and the need to ‘win,’ the focus becomes power and not connection, and that is a red flag. You want to provoke your spouse.When you find that you’re constantly testing how far you can push your marriage before it completely shatters, you’re playing divorce roulette. Once you start trying to push your spouse’s threshold, it’s possible that you subconsciously want to end things but are afraid to make the move. For example, if you leave your computer open to an inappropriate (read: flirtatious) email exchange, you may secretly be hoping your spouse finds it so they’ll initiate a conversation about why you’ve been unhappy. They send your heart racing.We’re not talking the pitter patter of love. We’re referring to full on, heart rate rising stress. If you have a negative physical reaction when your spouse walks into the room, it’s important to pay attention to what your body is telling you. Along those same lines, if your heart grows heavy and your stomach balls up into a knot every time you think about staying in your marriage, your body is letting you know it might be time to go. Our brains can lie to us, our body on the other hand, is the incorruptible truth-teller. You hide your real self.If you feel like you’ll be rejected if your spouse sees “all” of who you are, it’s impossible to be in a fulfilling relationship, a relationship expert and paternity court judge.When you constantly have to filter yourself, or keep your beliefs away from your spouse, it shows a lack of respect in your opinion. And that’s tough to fix.” You’re overcompensating on Facebook.Social media usually manufactures an extremely edited version of our lives. It’s also a space in which it’s easy to craft an illusion, hiding the reality of an unhappy marriage. According to Morris, when you or your partner suddenly start to overshare on social media, it’s usually an attempt to cover up the truth. Constantly feeling the need to show the world how great your relationship is—when, in reality, you know it’s not—may be a sign that things are falling apart. When the thought of leaving scares the hell out of you, and yet…It can be exciting to think about the life you could be living if you weren’t with this person any longer—the freedom, the adventures, the passion. But those fantasies are centered on what happens when you’ve already left the marriage. Take notice of what it feels like to imagine actually leaving, not just living this new life of yours sans partner. If the thought of leaving scares you, yet you’d still rather leave than stay, it’s a pretty strong indicator that it’s time to go. Kids (or work, or friends) come first.All of these outside influences can positively impact a marriage. And, of course there will become times when other factors (an ailing mom, having to focus on your child) will require your full attention. But, when any one thing takes over, leaving little room for a partner to dedicate time and attention to the relationship, it can take its toll. When those influences are all they talk about and all they think about, it can drive a wedge between spouses. The chasm can become so wide that the prospect of divorce begins to stare them right in the face. It’s “I” and “me” and never “we.”Marriage takes teamwork, and that means coming together for a common goal. When the team mentality stops, it may be a sign your marriage is over, couples are encouraged to think of their relationship in terms of “we” instead of “I.” The language we use when talking about our relationships can predict a break up. The pronouns you choose (I, me, mine, our, us, we) are a sign of how close you feel to your partner. So, look out for what expressions you find yourself (or your spouse) using. You push back when others say, “stay.”We rarely broadcast our relationship struggles to those around us, so it’s to be expected to get pushback from others who can’t seem to understand why you’d want to make this choice. A friend or family member’s objections may just be the gut-check you need. Leaving a marriage of any length will eventually provide the opportunity to examine your decisions, and your heart, , and you can only truly do this if you know you’ve made the decision that makes the most sense for you, not anyone else. They stop being your go-to person.Who do you call when you’re having a bad day? Who’s the first person you text when you hear good news? There’s an amazing rainbow outside your window…who—besides Instagram—do want to send the photo to? Your partner should be the first person you go to, in crisis or in celebration. When either one of you no longer wants to share important moments, you stop feeling connected. That disconnect can cause major loneliness in a relationship, which can often lead to divorce. Forgiveness doesn’t seem like an option.Infidelity in a marriage is definitely a road block, but not always a deal breaker. It’s possible to move on and have a healthy relationship. However, if both spouses choose to stay married, it’s imperative to fully forgive and make peace with your partner. If you’re dredging up past issues every time there’s an argument, or are holding onto resentment, then it’s most likely the marriage won’t survive. You already have an exit strategy.Are you moving money into different accounts? Looking for a new job so you have even more financial independence? Once you start planning like that, it’s a sign that you believe your marriage isn’t working, While she acknowledges that taking steps to ensure you’re not reliant on anyone and that you have your own savings can certainly be a good thing, it also means that you may have one foot out the door without realizing it. And when you’re not willing to be “all in,” your marriage could be on the outs. It’s hard. All the time.While every relationship has its rocky periods once in a while, conflict and feelings of disconnection shouldn’t be chronic. If it’s hard far more often than it is inspiring or pleasurable, it may be time to move on.” You’re constantly wondering if you should leave.There’s one thing about confusion, It is usually a lie. We block our own answers when we tell ourselves we don’t know. You are not confused about what to do, but you are afraid of the action you know you should probably take. In other words, if you are constantly wondering, then you likely already know your answer. When you’re considering divorce ― or reeling from your ex’s decision to end the marriage ― it’s easy to focus on the negatives: How will I possibly get by living on my own again? How will the kids be impacted by this? Am I doomed to be alone for the rest of my life? Your Spouse Is A Serial Cheater.It possible that your spouse just isn’t cut out for marriage or monogamy, even if they seemed to have wanted to get married. They also may put the blame for their philandering and untrustworthiness on you and may accuse you of being too jealous or controlling. When trust is broken in such a painful way, it is difficult to recover, and it if your partner has had multiple affairs, it is highly improbable that there will be enough good will for your marriage to be viable. Even if you decide to stay in the marriage, but it is doubtful that you will ever be able to fully trust your partner if they have cheated multiple times. There’s Been An Instance Of Domestic Violence.The reality is that, more likely than not, if there has been one incident of domestic violence, that there will be more. If you are in doubt about this, ask yourself the following question: If you had a daughter who was the victim of domestic violence, would you encourage her to stay married? Hopefully, your response would be a resounding, ‘No” When your health and safety are compromised by staying in the marriage, there should be no question about whether you should leave. Reasons Divorce Is Preferable To Staying In An Unhappy, Unhealthy Marriage.Marriage may give you a sense of security but divorce gives you a new lease on life. Being a single parent is better than modeling an unhealthy relationship.If you’re a parent with young kids, getting a divorce is better than staying in a bad marriage because these are formative years for them. They will likely seek out and emulate the types of relationships they see modeled. I want my relationships to be happy, healthy and mutually respectful, so that my children never settle for anything else in their own lives. Divorce clears the way for you to meet the right partner.Divorce is painful but it’s kind of like pulling off a Band-Aid: The anticipation is horrible but once it’s over, it’s pure relief. Bonus: It allows you the freedom to meet the person you were meant to be with! After divorce, you find yourself again and fall in love with the wonderful attributes that makes you you. As a mother especially, you can parent with just your own mama instincts and all your love and energy can flow into your little one(s). You find genuine peace and happiness and an appreciation for life that may have been sucked out of you during your bad marriage. Divorce isn’t the worst thing that can happen to your kids. Enduring a hostile home life is. There’s a big difference between loneliness and solitude.My divorce helped me discover the gift of solitude when I once experienced the pain of loneliness. Now that I’ve learned to enjoy being alone, I’m free from that awful feeling of separation that comes from being with the wrong person. You and your partner may be stifling each other’s growth.I feel that divorce should rarely be the first choice because generally the only thing keeping a ‘bad’ marriage from being a ‘good’ marriage is sustained mutual effort. That being said, there are times that divorce is the best choice in order to allow both partners to grow and achieve the life they desire, and in some scenarios, the life they deserve. A happier parent is a better parent.Learning to let go and step into the unknown may be the single most important thing you can do for your own sanity and the sanity of those around you. Divorce proves that you have the courage to live a life of happiness. And if you’re happier, you’ll be a far more effective parent. You can devote your energy to other important areas of your life.If you have done all the work of trying to make the marriage better and nothing is changing, finding the courage to leave and move forward pays off in the long run. The pay off? You stop putting all your energy into a relationship that no longer works and put more energy into yourself and your kids. Divorce is preferable to a marriage without love. We all deserve to be loved. I never want to be in a marriage where that partnership isn’t sacred and a priority. Relationships are complicated, to say the very least, and even the most stable of marriages will go through intense highs and extreme lows. So if you’re asking yourself, Should I get a divorce?” know that you’re not alone — a 2015 poll found that half of all married couples have contemplated divorce. But determining whether or not your marriage should end is an entirely personal decision, and there are a number of factors that will play into you eventually choosing to either work through your relationship issues, or call it quits. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
How Is The Child Support Obligation Calculated? Salt Lake City Lawyers Discuss Panhandling Laws What Are The Factors That Courts Cannot Use To Decide Child Custody? Fraudulent Transfers Before Bankruptcy Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post When Is Divorce A Good Idea? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/when-is-divorce-a-good-idea/ Many states define alimony as a court-ordered payment made by one ex-spouse to the other. Courts can also award temporary spousal support while a divorce is pending. Judges award alimony in to try to equalize the financial resources of a divorcing couple. When deciding whether to award alimony, a judge will consider whether one spouse has a demonstrated financial need and if the other spouse has the ability to pay. How Does Alimony Work?Although judges have to follow state law in deciding whether alimony is appropriate, they usually have a lot of discretion in deciding when and how someone has to pay it. An alimony award can be temporary to support a spouse only while the divorce is pending or a permanent award that’s part of a divorce decree. In general, lump-sum alimony awards and alimony in the form of a property transfer are non-modifiable, meaning they can’t be changed later and can’t be terminated or undone. Periodic alimony payments may be changed when there’s a significant change in one or both of the spouses’ circumstances. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other (the “supported” or “dependent” spouse) each month. A periodic or monthly alimony award will end on a date set by the judge, or when one of the following events occurs: • the supported spouse remarries Negotiating Alimony and Other Terms of Your DivorceIf you and your spouse don’t agree on alimony payments or other terms of your divorce (such as property division and child custody), it doesn’t mean you’ll have to battle it out in court. Divorce mediation—negotiation led by a neutral third party outside of court—is an excellent alternative for many. You might even be able to mediate your divorce online. If you can’t agree, you’ll need to file a formal motion (request) asking a court to decide alimony. The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order. One of the downsides of asking the court to decide is that if you’re represented by an attorney, the expense of going through a hearing can be significant. Even if you’re not represented by an attorney, you will have to spend a lot of time gathering evidence (such as financial documents) and preparing for the hearing. How Courts Decide AlimonyEvery state has its own guidelines on what judges should consider when deciding whether to award alimony. Most states require judges to evaluate: If you’re the spouse asking for support, the court will look closely at your current income or ability to earn if you aren’t currently working. When the supported spouse has been out of the workforce or has been underemployed (has an opportunity to work full- or part-time but chooses not to) for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent. For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse’s career, a judge will examine the medically trained spouse’s future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce. For example, a judge might require a spouse who has a part-time job that doesn’t pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order (or the paying spouse might request) that an expert called a “vocational evaluator” make a report to the judge on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then compare the spouse’s qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn. Tax Impacts of AlimonyIn Utah, alimony payments aren’t tax-deductible for the paying spouse, and alimony payments received aren’t taxable income for the supported spouse. That’s a change from how alimony was treated for decades. Enforcing an Alimony AwardThe duty to pay alimony begins as soon as an order requiring it is signed by a judge. An alimony order is enforceable by the supported spouse: If the paying spouse isn’t actually paying, the supported spouse can file a “show cause” action (motion), and the court will set a hearing to determine why the paying spouse isn’t following the order and what the court should do to enforce it. How the Amount of Alimony is DeterminedUnlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support and, if so, how much and for how long. The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards: Alimony and Support OrdersAlthough awards may be hard to estimate, whether the payer spouse will comply with a support order is even harder to gauge. Alimony enforcement is not like child support enforcement, which has the “teeth” of wage garnishment, liens, and other enforcement mechanisms. The recipient could, however, return to court in a contempt proceeding to force payment. Because alimony can be awarded with a court order, the mechanisms available for enforcing any court order are available to a former spouse who’s owed alimony. How Long Alimony Must Be Paid?Alimony is often deemed rehabilitative, that is, it’s ordered for only so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree doesn’t specify a spousal support termination date, the payments must continue until the court orders otherwise. Most awards end if the recipient remarries. Termination upon the payer’s death isn’t necessarily automatic; in cases where the recipient spouse is unlikely to obtain gainful employment, due perhaps to age or health considerations, the court may order that further support be provided from the payer’s estate or life insurance proceeds. Alimony TrendsIn the past, most alimony awards provided for payments to former wives by breadwinning former husbands. As the culture has changed, so that now most marriages include two wage earners, women are viewed as less dependent, and men are more apt to be primary parents, the courts and spousal support awards have kept pace. More and more, the tradition of men paying and women receiving spousal support is being eroded, and orders of alimony payments from ex-wife to ex-husband are on the rise. Who Qualifies for Spousal Support?The majority of the states define spousal support as payments made by one spouse to the other. It is also known as “alimony” or “spousal maintenance.” A spousal support award can be temporary while a divorce is pending, or it can become a permanent award and be included in the divorce decree. Alimony payments are meant to equally divide the financial resources of a divorcing couple. A judge will essentially assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay the payments. Alimony is usually granted in cases where the spouses have unequal earning power and have been married a long time. For instance, a judge is not likely to award alimony if the couple has only been married for a year. Some state laws prohibit spousal support awards unless the couple has been married for a certain amount of time. Therefore, the duration of the marriage is crucial in some cases. How Is the Amount of Alimony Determined?Unlike child support, which in most states is required according to very specific monetary guidelines, courts have a broader discretion in determining whether to grant spousal support. The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are based, suggests that courts consider the following factors in making decisions about spousal support awards: How Does Alimony Operate?There are different types of alimony payments that can be ordered by the court. For instance, if an alimony is ordered by the court, it can be in the form of a lump-sum payment, a property transfer, or periodic monthly payments. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other each month. The other spouse is usually the one that does not earn or is the spouse that needs to be financially supported. Next, the lump-sum alimony awards and alimony in the form of a property transfer are generally non-modifiable, meaning they cannot be changed later and cannot be terminated or undone. For a periodic or monthly alimony award there will be an end date set by the judge, or it may terminate when one of the following events occurs: • The supported spouse remarries; What Are the Divorce Alimony Rules?If you are the spouse requesting the support, the question of whether you qualify for alimony is usually determined by taking into account your own income or ability to earn if you are not currently employed. However, this is not necessarily what you are earning at the time you go to court, but it represents your earning potential. For instance, if one spouse is trained as a medical doctor but took several years off to care for children and support the other spouse’s career, a judge will examine that spouse’s future earning potential. The spouse may need initial support to reenter the workforce, but not a long-term alimony award. How Do I Enforce an Alimony Award?A spouse who is ordered to pay alimony in a divorce will need to make the payments when they are due. Alimony starts as soon as a divorce order requiring it is signed by the judge. A spouse who fails to make the required alimony payments can be held in contempt of court. This means the supported spouse can file a show cause action with the court against the spouse refusing to make alimony payments. The court will set a hearing to determine the reason for payment delinquencies. Family law courts have various tools from their resources to enforce alimony payments. Therefore, the spouse not making the payments in accordance with the divorce decree could face fines and penalties. How Do I Terminate an Alimony Award?Death of either ex-spouse or remarriage of an ex-spouse are the most common reasons for terminating spousal support. Some states permit for the reduction, suspension, or termination of alimony if the recipient starts living with another person in a romantic relationship. The payor must provide the court with adequate evidence that the payee resides with another party and both are generally recognized as a couple. Many states now recognize same-sex as well as heterosexual cohabitation. Other reasons for termination include the recipient becoming self-supporting through employment or receipt of other financial support. Moreover, the payor may request the court to terminate alimony by providing evidence a condition exists that would terminate support payments automatically. Another option is that the payor could prove that the continuation of alimony would be a financial hardship or unfair treatment. However, keep in mind that it is challenging to prove hardship or unfairness. When Should I Contact a Lawyer?If you are receiving spousal support or think that you may qualify, it may be useful to reach out to a local family attorney to consider what your options are for proceeding forward. Your attorney can provide you with advice, support, and representation for your claim. Free Alimony ConsultationIt’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
Can Credit Card Companies Take Your House? How Is The Child Support Obligation Calculated? Can I Call My Child As A Witness In Court To Say Where She Would Like To Live? How Does Bankruptcy Impact My Credit? What Are The Factors That Courts Cannot Use To Decide Child Custody? Alimony Attorneys In St. George UtahSpousal Support Lawyer in Ogden UtahThe post Which Spouse Pays Alimony? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/which-spouse-pays-alimony/ In most cases, the court prefers to award joint custody because children benefit from spending as much time with each parent as possible. When parents can work together to develop a parenting plan that benefits the entire family, the parents and the children are generally happier with the situation. However, what happens when one parent is unfit? What Does It Mean To Be An Unfit Parent?You do not need to be a perfect parent to have custody of your child. Courts recognize that some individuals may be better at parenting than other individuals. The court does not penalize parents for being imperfect. Judges consider the child’s best interests to resolve custody cases. However, that consideration is weighed against parental rights. A judge is not likely to deny custody or revoke parental rights if a parent is trying their best. Factors Judges Use To Determine If A Parent Is UnfitWhen deciding whether a parent is unfit to have custody of a child, a judge considers the following factors and circumstances: Evidence Used To Prove A Parent Is UnfitProving a parent is unfit can be difficult. A judge is not likely to strip a parent’s legal rights based on the allegations of the other parent. The parent alleging unfitness must have evidence to substantiate the allegations. A court-ordered child custody evaluation can be extremely helpful. The evaluator is an independent investigator, so any evidence obtained by the evaluator may be viewed with great authority by the court. • Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior The evidence proving a parent is unfit depends on the specific allegations made against the parent. A child custody lawyer with experience handling these types of custody cases will guide the parent through the process of gathering evidence and presenting a compelling case to the judge. A judge may find that the allegations against the parent are unfounded.If the judge finds that a parent is unfit, the judge may order sole custody to the other parent. Depending on the allegations, the court could order supervised or restricted visitation. In extreme cases, the court could involuntarily terminate the parental rights of an unfit parent. Types of Child Custody in UtahLike most states, Utah recognizes two forms of custody: physical custody and legal custody. Physical CustodyPhysical custody in Utah refers to the physical location of a child, specifically which parent a child lives with. In Utah, physical custody can be sole, primary, or joint. Sole physical custody means a child lives with one parent and rarely, if ever, visits or spends time with the other parent. Primary physical custody means a child lives with one parent most of the time and the other parent has visitation rights, such as every other weekend. Joint physical custody means a child lives with both parents and goes back and forth based on an agreed-upon schedule approved by the court. Even with joint physical custody, families find it difficult to evenly split time because of work and school schedules. Children often spend more time with one parent than the other. Legal CustodyLegal custody in Utah refers to a parent’s right to make decisions about the well-being and future of their child. Legal custody may be joint or sole, where either parents or only one parent makes significant choices about education, health, and welfare for a child. Some common decisions those with legal custody must make or decide with the other parent include: • Type and location of childcare or school, such as will the child go to public or private school? What classes does the child need? Factors that Judges Review Before Deciding CustodyUtah courts consider a wide array of factors when deciding child custody. Their decisions are guided by the best interests of the child and the idea that spending time with both parents benefits the child. Courts do not simply look at one factor but evaluate the entire situation to determine custody. Some of the most common factors that impact a child custody decision include: Age and sex. It’s not true that courts automatically put a child with the same-sex parent when deciding custody, but sometimes sex factors into a custody decision depending on the age of the child. For example, infants who are still breastfeeding will need to be with their mother. Health of the child. If a child has health issues that require regular medical treatment, the court may favor the parent who provides care when both parents are not involved. Special needs. Courts carefully consider who provides needed care when children have special needs such as autism, cerebral palsy, or any other physical or mental health condition. Physical and mental health of parents. A parent who has physical and/or mental health struggles might not be able to make the best decisions or provide care for a child. Emotional ties with each parent. Courts hesitate to cut or damage emotional bonds between a child and parent unless they have a good reason. Ability for parent to provide care. Those with physical custody, especially when it is not joint, need to be able to physically and financially provide care for a child. Family history of domestic abuse. In the event of a proven family history of domestic abuse, it’s highly likely a judge will physically place a child with the abuser. History of substance abuse. Much like physical and mental health, parents who struggle with addiction also struggle to provide the care their children need. Substance abuse issues don’t automatically mean a parent loses custody, but the court will take time to evaluate whether a parent has been through treatment and how long they have been sober. Child abuse, including physical, emotional, and verbal abuse. Proven child abuse can lead to the non-abusive parent receiving sole physical and legal custody. Child’s ties to school and community. If awarding custody to one parent negatively impacts a child’s ties to their community, it could factor into a judge’s decision. Child’s wishes. All children have the right the express their wishes in terms of physical custody. Courts listen and especially take into account the wishes of an older child who demonstrates the maturity to make a decision about where to live. Relationship with siblings. It’s highly unlikely a court will make a custody decision that separates siblings. Yet, if sibling relationships are damaging or abuse has been involved, they might factor into a Utah judge’s decision. Interaction with extended family. Courts like to keep children near extended family when possible. Extended family also provides a support system for the custodial parent. Unless the court has a compelling reason, a judge is unlikely to make a custody decision that isolates a child from their grandparents and others. Factors That Do Not Affect Your Child Custody ArrangementWhen it comes to child custody, there are some pretty standard factors that a court looks at when deciding the nature of custody arrangements and child support. Knowing what these factors are can give you an advantage when fighting for full or shared custody. Here are the things that a court will be looking at when deciding custody arrangements.The Wishes of the ParentsThe court does indeed take into account the wishes of each parent. Of course, when that becomes a problem is when both parents want full custody, or have not agreed on terms. Then, it is up to the court to decide what is best for the children based upon the other factors that they take under consideration. Often, if an amicable agreement, including child support, can be reached by both parents beforehand, the court will uphold that agreement unless there is some other factor that makes the court think that the arrangements are inappropriate. The Wishes of the ChildrenAlthough the court does not put as much weight on what the child wants as what each parent does, or what the recommendations of social worker or other professional are, the court does take into consideration the child’s wishes. Children are not always the best judge of what is best for them and if the child wants to stay with one parent because they are more lenient or because they spoil them, the court will likely make a different recommendation. The court will also consider the age of the children before deciding how heavily to weight the wishes. The Relationship between Children & Each ParentThe court does look at the very important relationship between each parent and each child. If one parent has been an absentee parent most of the time and the child has developed a much stronger relationship with the other parent, then it will likely be the absentee parent that is awarded visitation rather than custody and must pay child support and other obligations. The court will often use a professional social worker to determine how strong the relationship is between parent and child in order to make the best custody choices for the child possible. Mental & Physical Health of Children & ParentIf one parent is physically disabled and will have a harder time taking care of the children, this is something that the court will look at. Although most of the time disabled parents are as capable of taking care of their children as a non-disabled parent, the court must look at this when deciding who will get full-time custody, which will have partial custody or visitation, or pay child support. This is the same – and even more so – with mental disabilities. If one parent is mentally disabled in some way or suffers from an emotional condition, the court may decide to award custody to the other parent instead. The Willingness of Parents to Work with Each OtherEach parent will be interviewed to find out just how willing they are to work with the other parent. The court does not want to deprive children of either one of their parents, and if awarding custody to one parent will severely restrict the amount of time they get to spend with the other parent, this will be a strong determining factor. The best way to avoid this problem is to make sure that each parent realizes that the other parent has the right to see their children as well and try to work out an amicable settlement beforehand. The Majority Caregiver Up Until This PointThe court will consider which parent has been providing for the child the most. This doesn’t just mean providing financially because financial support is often done through child support. The court will consider all types of care such as transportation, teaching, feeding and, in general, parenting. The court will also consider factors such as the household set-up – where one parent works and cannot spend as much time with the children as the parent who is not employed or is only employed part-time. The Parent’s Living Accommodations & Ability to Provide for the ChildThe court will always consider the parents ability to provide for the child when deciding custody and child support. The court will look at the living arrangements first and foremost, to find out if the parent has room for the children, if the home is in a safe neighborhood and if it is clean and well-managed. Also, the court will look at where the residence of the parents are, and how close they are to other family members, schools, and places where the children have developed a normal routine. How Much of an Adjustment Will be RequiredObviously, divorce will cause some adjustments to be made but the court wants to make as little of an impact on the child’s life as possible. That’s why the court will look at how much the child will have to readjust if they live mostly with one parent or another, or even with shared custody. Allegations & Actual Instances of Abuse or NeglectThe court will not only consider any actual incidents of abuse or neglect when it comes to awarding custody, but they will consider allegations of neglect or abuse as well. If one parent has made allegations that turned out to be false, the court will weigh this heavily when deciding how to arrange custody. Free Consultation Divorce In UtahIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
What Types Of Spousal Support Am I Eligible For? How To Get A Good Divorce Settlement If I Can’t Afford A Lawyer? If I File Bankruptcy, Do I Have To Go To Court? How Is The Child Support Obligation Calculated? Divorce in St. George UtahDivorce in Ogden UtahThe post What Are The Factors That Courts Cannot Use To Decide Child Custody? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/what-are-the-factors-that-courts-cannot-use-to-decide-child-custody/ |
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