When most people hear the word “divorce,” they think of a legal process ruled over by a judge, who determines the outcome of various divorce-related litigations like property division, child custody, alimony, etc. Unbeknownst to many, there are actually several alternative paths you can take to finalize your divorce without involving a divorce court. Understanding these alternatives can help you find the method of divorce that works best for you and your soon-to-be-ex. No two marriages are the same, and so it only follows that no two divorces will be the same, either. In fact, if you’re a woman who’s contemplating divorce, you have several options about how to proceed. In general terms, you need to consider the pros and cons of each one. CounselingA positive healthy divorce alternative is acknowledging and accepting the need for outside help. A solution to divorce could be saving your marriage through hard and dedicated work on the relationship. If this has not been attempted, it can be worth trying. At least you will know you gave it your best before deciding to end things, and there will be no regrets. Also, marriage counseling can be a predecessor to all other alternatives to divorce. It can set the stage and create a collaborative field, if not save the marriage. Marriage counseling is part of the answer to how to separate from spouse amicably and on good terms. Understanding each other’s perspectives can help with being civil to each other no matter what you end up deciding. SeparationIf you do not want to end your marriage, you choose the option of judicial separation. The separation will not legally terminate your marriage but only release you from the obligation of living together. This type of physical separation generally does not impact the family’s finances. Hence, property and financial accounts continue to be owned by both spouses. Furthermore, separation in marriages can be a way to test the waters. If you are wondering why to choose legal separation instead of divorce, there are reasons to consider it. It can help you decide if you want to remain separated without getting a divorce, take it a step further, and file the motion to end the marriage or try to reconcile. For many couples, trial separation helps them see if they can live apart or they would like to reinvest in the marriage. Separating and divorce don’t have to go hand in hand. Separation can be the answer to how to prevent divorce from happening. Do-It-Yourself DivorceThe best advice I can give you about Do-It-Yourself Divorce, is DON’T Do-It-Yourself! Lawyers’ negotiationThis is what people think of lawyers doing. Each person sees their own attorney, who can then give them advice on what information will be needed to then move onto the likely terms of settlement. Letters are then written to the other person’s lawyer, or to them as an individual, hoping over time to reach agreement. In some cases, it can be useful to set up a round table meeting where the couple and their lawyers try to reach a settlement in direct discussions. Once agreement has been achieved, it is drafted and sent to the court for approval by a Judge as a paperwork exercise. A large number of couples achieve settlement this way. This is like mediation without a mediator. MediationIn divorce mediation, a divorcing couple works with a neutral mediator who helps both parties come to an agreement on all aspects of their divorce. The mediator may or may not be a lawyer, but he/she must be extremely well-versed in divorce and family law. In addition, it is critical for the mediator to be neutral and not advocate for either party. Both parties still need to consult with their own, individual attorneys during the mediation and prior to signing the final divorce settlement agreement. On the “pro” side, divorce mediation may:• Result in a better long-term relationship with your ex-husband since you will not “fight” in court. • Be easier on children since the divorce proceedings may be more peaceful. Couples often hear about the wonders of mediation and how it is reportedly a better, less contentious, less expensive and more “dignified” way to get a divorce. However, my biggest problem with mediation is that the sole role and goal of the mediator is to get the parties to come to an agreement –any agreement! Remember, the mediator cannot give any advice. All they can do is try to get you to agree. Unfortunately, not all agreements are good agreements, and in fact, in many cases, no agreement is better than a bad agreement. So unless both parties can be fairly reasonable and amicable (and if they can be, why are they getting divorced???), I believe that mediation is usually not a viable option for most women. Collaborative DivorceSimply put, collaborative divorce occurs when a couple agrees to work out a divorce settlement without going to court. During a collaborative divorce both you and your spouse will each hire an attorney who has been trained in the collaborative divorce process. The role of the attorneys in a collaborative divorce is quite different than in a traditional divorce. Each attorney advises and assists their client in negotiating a settlement agreement. You will meet with your attorney separately and you and your attorney will also meet with your husband and his attorney. The collaborative process may also involve other neutral professionals such as a divorce financial planner who will help both of you work through your financial issues and a coach or therapist who can help guide both of you through child custody and other emotionally charged issues. In the collaborative process, you, your spouse and your respective attorneys all must sign an agreement that requires that both attorneys withdraw from the case if a settlement is not reached and/or if litigation is threatened. If this happens, both you and your husband must start all over again and find new attorneys. Neither party can use the same attorneys again. Even if the collaborative process is successful, you will usually have to appear in family court so a judge can sign the agreement. But the legal process can be much quicker and less expensive than traditional litigation if the collaborative process works. Unfortunately, though, I have found that the collaborative method often doesn’t work well to settle divorces involving complicated financial situations or when there are significant assets. In collaborative divorce, just as in mediation, all financial information (income, assets and liabilities) is disclosed voluntarily. Often the husband controls the “purse strings,” and the wife is generally unaware of the details of their financial situation. When this kind of inequality exists, the door is often wide open for the husband to hide assets. What’s more, many high net worth divorces involve businesses and professional practices where it is relatively easy to hide assets and income. Additionally, the issue of valuation can be quite contentious. So . . . as a general rule, my recommendation is this:Do NOT use any of these three options –Do-It-Yourself Divorce, Mediation or Collaborative Divorce because if: Litigated DivorceThe fourth divorce option is the most common. These days, the majority of divorcing couples choose the “traditional” model of litigated divorce. Keep in mind, though, “litigated” does not mean the divorce ends up in court. In fact, the vast majority of all divorce cases (more than 95 percent) reach an out-of-court settlement agreement. “Litigation” is a legal term meaning ‘carrying out a lawsuit.’ Why are lawsuits a part of divorce? Because contrary to popular belief, divorce usually does not involve two people mutually agreeing to end their marriage. In 80 percent of cases, the decision to divorce is unilateral –one party wants the divorce and the other does not. That, by its very nature, creates an adversarial situation right from the start and often disqualifies mediation and collaborative divorce, since both methods rely on the full cooperation of both parties and the voluntary disclosure of all financial information. Clearly, if you are starting out with an adversarial and highly emotionally charged situation, the chances are very high that collaboration or mediation might fail. Why take the risk of going those routes when odds are they might fail, wasting your time and money? The most important and most difficult parts of any divorce are coming to an agreement on child custody, division of assets and liabilities and alimony payments (how much and for how long). Although you want your attorney to be a highly skilled negotiator, you don’t want someone who is overly combative, ready to fight over anything and everything. An overly contentious approach will not only prolong the pain and substantially increase your legal fees, it will also be emotionally detrimental to everyone involved, especially the children. Remember: Most divorce attorneys (or at least the ones I would recommend) will always strive to come to a reasonable settlement with the other party. But if they can’t come to a reasonable settlement or if the other party is completely unreasonable then, unfortunately, going to court, or threatening to do so, might be the only way to resolve these issues. If you have tried everything else, and you do end up in court, things can get really nasty and hostile. Up until that point both attorneys were “negotiators,” trying to get the parties to compromise and come to some reasonable resolution. But once in court, the role of each attorney changes. Negotiations and compromise move to the back burner. Their new job is to “win” and get the best possible outcome for their client. And don’t forget, once you’re in court, it’s a judge who knows very little about you and your family that will make the final decisions about your children, your property, and your money and how you live your life. That’s a very big risk for both parties to take –and that’s also why the threat of going to court is usually such a good deterrent. Here’s my last word of advice about divorce alternatives: Weigh divorce options carefully. The bottom line is that every family, and every divorce, is different. Obviously, if you are able to work with your husband to make decisions and both of you are honest and reasonable, then mediation or the collaborative method may be best. But, if you have doubts, it is good to be ready with “Plan B” which would be the litigated divorce. Pros of Mediation and ArbitrationThey can save time and money. Cons of Mediation and ArbitrationYou may still want to hire a lawyer for advice. While ADR may be less expensive than going to trial, you may still want to hire legal representation to help you get the best outcomes. Hiring a lawyer at an hourly rate may save you money over paying them a retainer. You can’t appeal an arbitrator’s decision. The courts will generally uphold the arbitrator’s decision, even if one spouse is unhappy about it. If either partner is concerned about hidden income, assets, or liabilities resulting in an unfair settlement, then going to court may be a better solution because financial records can be subpoenaed. If physical violence, emotional abuse, or substance abuse play a role in the divorce, then a judge’s orders may be the best option for protection. The outcome of mediation is not legally binding. You must get a consent order from a judge for your agreement to be enforceable. Takeaway When you start thinking about ending your marriage, consider the downsides and potential alternative divorce solutions. Although having freedom from your spouse may seem at that moment like the most important thing, the negative aspects of divorce can make you reconsider. Before you make the final cut, think if counseling could be helpful. Although you might not reconcile, counseling will make steps that come next more bearable for both of you. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
My Ex Won’t Abide By Custody Arrangements, What Do I Do? Trust Is Crucial In Attorney Client Relationships How Long Does The Adoption Process Take? Exercise, Eat Healthy, And File Bankruptcy How Does Child Support Get Paid If My Ex Goes To Jail? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post What Are The Alternatives To Divorce Court? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/what-are-the-alternatives-to-divorce-court/
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This is primarily about Child Support and Incarceration. Child support is a vital source of income for millions of children and their custodial parents who receive the payments. In 2003, the Office of Management and Budget recognized child support as one of the most effective programs in federal government, and it is widely credited for keeping children and their families out of poverty. In 2018, 22 million children under 21 were eligible to receive child support, according to Census Bureau survey data. State legislatures have enacted laws focused on noncustodial parents who do not, or are unable to, pay child support. These policies overlap into criminal justice. Noncustodial parents with child support orders can intersect with the criminal justice system in two primary ways: • A noncustodial parent is not in compliance with a child support obligation and that noncompliance leads to incarceration (short-term, primarily in local jails) as a result of either a civil contempt or criminal non-support action taken by the state. • A noncustodial parent is incarcerated for a criminal offense and has a current or delinquent child support obligation. In this case, the parent’s incarceration is not due to failure to pay child support orders, and incarceration is often for longer periods of time and in a state or federal prison. Federal Rule on Child Support Incarceration for Failure to Pay Child SupportWhen parents fail to pay child support, they can face legal ramifications, including civil contempt of court, criminal charges and incarceration. Recognizing that most parents cannot pay child support when they are incarcerated, many states have established programs to help parents meet their obligations—both before and as a part of the civil contempt process. These programs include examining child support orders to reflect realistic payment amounts given the individual’s circumstances and diversion programs to reduce incarceration rates and increase child support payments. Criminal NonsupportThe state of Utah have a process for criminal prosecution for failure to pay child support. States consider failure to pay either a misdemeanor or felony, depending on how much money is owed. Civil ContemptCivil contempt proceedings are intended to encourage compliance with court orders rather than punish the defendant. In the case of child support, civil contempt is used to incentivize the defendant, also known as the obligor, to comply with the court order. Federal law requires that civil contempt only be used when the noncustodial parent has the ability to pay and is willfully avoiding paying. State policies and practices vary in how this limitation is implemented by the state child support agency. With noncustodial parents who are simply unable to pay their child support obligation, diversion or employment programs could have a significant impact in improving the likelihood of payment. The 2016 and 2020 final rules, as discussed above, formalize the due process requirements by providing guidance on the factors to be considered when determining which cases should be referred to the court for civil contempt. Diversion and Employment ProgramsParents who are delinquent in their child support payments may be ordered by the court to participate in diversion programs. Diversion programs are intended to redirect the parent toward training opportunities and away from the consequences of jail time. Fair Child Support OrdersIn addition to diversion and employment programs, states are also looking at the ways to ensure child support obligations are being calculated, as federal law requires, based on the noncustodial parent’s ability to pay. States’ efforts to establish orders that reflect a parent’s current earnings are designed to promote regular payment of support and reduce the likelihood a parent will fall behind on child support and accrue debt. Incarcerated with Child Support OrdersA second category of incarcerated noncustodial parents are those who are in prison for criminal offenses not involving child support and who have current and/or delinquent child support orders. As of 2018, approximately 2.2 million people were in jails and prisons throughout the United States. According to the Bureau of Justice Statistics, 47% of state prisoners and 58% of federal prisoners have at least one child under the age of 18. In the U.S., over 5 million (7%) of children in the U.S. have a parent who is or was incarcerated. At least 20% of those, or about 440,000 of parents in prisons and jails, have a child support obligation. Does A Person Have To Pay Child Support When They’re In Jail?There are some things in life that are difficult to get out of: your cousin’s wedding, that blind date that just won’t end, and child support. Child support in Utah is so difficult to get out of that it follows people to jail (or prison, as the case may be). At first, being responsible for paying child support while in jail doesn’t make sense. All criminals know they could serve jail time. It’s why they try to not get caught. So, if a parent decides to do criminal things and knows very well he or she may go to jail for doing those things why should that parent’s child suffer for that decision? In other words, a child shouldn’t be deprived of support simply because a parent does something criminal and gets caught. It’s not the child’s fault, so the child should suffer as little as possible. What if there already is a child support order, but the other parent goes to jail?Going to jail does not automatically change a child support order. Only a judge can change (modify) a child support order. If a parent that is in jail has income or assets that can be used to pay for your child’s support, he or she has to continue to pay child support. If there already is a child support order, and the parent who was ordered to pay child support goes to jail (is incarcerated), the child support order does not automatically end. The order remains in effect until the court changes it (modifies it). The incarcerated parent may be able to pay child support if he or she still has income or assets that could be used to support your child. An incarcerated parent (in jail) may still have income or assets that he or she must use to support your child. How can someone be in jail and still have income or assets that can be used to support a child? • interest or dividend income from investments such as stocks or bonds How do I enforce a child support order if the person who is supposed to pay child support is in jail? Incarceration for Non-Payment of Child SupportIncarceration is a real risk for parents who fail to pay child support. If you’ve found yourself in this situation, use the tips below to learn more about what the courts typically consider, along with what to do while serving jail time for non-payment of child support. For non-custodial parents who owe back child support, it’s important to recognize the risks. While you may be able to get away with child support non-payment for a while, you can bet it will eventually catch up with you. When it does, the court may decide to hold you in contempt. This usually means fines (on top of what you already owe). In addition, the court can choose to incarcerate you for non-payment of child support. This means going to jail, and it’s the most serious consequence the courts use to enforce child support payments. When the Court Rules for IncarcerationIf a court finds a parent to be behind on child support payments, the judge may have that parent arrested for non-payment. The period of time for incarceration is generally considered: Most courts will only consider incarceration after attempting to collect the child support payments through other methods, such as garnishing the parent’s wages. Courts generally take the position that it is in the child’s best interests to receive care and financial support from both parents, which is why they do not frequently overlook repeat offenders when it comes to child support non-payment. Factors of ConsiderationBefore incarcerating a parent for non-payment of child support, the court will typically consider the following factors: 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
What Are My Legal Rights As Birth Parent Of An Adopted Child? My Ex Won’t Abide By Custody Arrangements, What Do I Do? Will A Chapter 13 Plan Look Better On My Credit Report Than Chapter 7? How Long Does The Adoption Process Take? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Does Child Support Get Paid If My Ex Goes To Jail? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-does-child-support-get-paid-if-my-ex-goes-to-jail/ It usually takes 6 months to a year in Utah. 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. 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 patientThis was probably the hardest part for me. I’m normally not a patient person, and diving into unknown territory where I had little control was daunting, to say the least. The waiting and the uncertainty were challenging for both of us, and there were so many days I just wanted to quit. It’s not easy staying patient through a process like this, but it is something you have to learn to be. There is a lot of back and forth with lawyers, courts, agencies, birth parents…and with all of that, comes a lot of waiting. 2. Decide on an agency or lawyerAdopting through a lawyer is different than with an agency. When we made the decision to adopt through a lawyer, we did it because we felt agencies had too many rules. One agency we looked at had a requirement where we would have to meet with the birth parents two times per year. We were more interested in a semi-open adoption, so we decided to go through a lawyer. We found that adopting through a lawyer offered us more privacy in the whole process, which felt really right for us. Everyone’s needs and wants are different. Be sure to research which route makes sense for you. 3. Decide on a closed or open adoptionThis is something you really need to understand before moving forward. Make sure you are clear on what an open adoption means and if you are willing to work for that for you and your family. Ask yourself: do I want to have an ongoing relationship with the birthparents despite their circumstances? Does it feel important to us to maintain this relationship? Is this something we are willing to commit to? Whichever way you decide to go is up to you, but a commitment is a commitment and is often hard to change retroactively. Being clear on what you’d like your path to look like going forward can help prevent any future issues regarding visits or involvement. 4. Prepare your paperworkI can’t stress this part enough: if you want the process to move as fast and smooth as possible, then make sure your paperwork is in order. If you know the forms that your agency or lawyer require, make sure you get those filled out as soon as you can. This way, you can have things ready as they are requested. We were almost always ahead of our game when it came to paperwork. My husband was always very diligent in filing everything out, and I was diligent about handing it all in on time. I honestly feel that our adoption process would’ve dragged out longer if we weren’t as quick with delivering the needed documentation. So, if you can get it, do it ASAP. 5. Talk to other adoptive parentsOne of the best things we did was talk to other adoptive parents about their decisions and experiences. Doing this really gave us a good idea of the whole process—the good and the potentially tough. You can ask your lawyer or agency if you can talk to any adoptive parents they’ve worked with. Many are open to speaking with potential adoptive parents to share experiences. 6. Get your finances in orderAdoption can be very expensive, so it’s important to figure out how you’ll pay for it so that you don’t run into financial hardship (which could delay the whole process). We managed to save up a good amount by opening an account that was solely for the adoption where we would put a portion of our earnings there during every pay period. 7. Be hopefulWhen we have something to look forward to, we feel alive and hopeful. I knew there would be some bumpy roads throughout this journey, so when I was feeling discouraged, I would purchase some books or a stuffed animal as a reminder that our child would be here with us one day. There are several ups and downs with adoption. During the downtimes, I would look at the books or stuffed animals and believe that our child would hold these in his hands one day. 8. Get on the same page with your partnerWhen you are going through an adoption journey, you will be facing lots of challenges to get to that baby. It’s imperative that both partners are in agreement with the goal, and you will need to lean each other to get there. Thankfully, my husband and I were both on board when it came to adopting. We made a decision to adopt and removed all the other options from the table. So, being on the same page will make you feel good about every step you take toward that child. 9. Consider the child you wantBefore even starting, we spoke about what kind of child we wanted: a boy or girl, what ethnic background, and whether we wanted a domestic or overseas adoption. These were all decisions we had to make throughout the process. We decided adopting domestically would be the best fit for us due to travel requirements with overseas adoptions. Many other couples feel a strong pull to adopt internationally. Either way, it’s important to talk through all of this with your partner and then learn about the policies and laws surrounding the different types of adoptions you’re seeking. Familiarizing yourself with foreign laws in the countries you’re interested in adopting from can also make you aware of any potential halts that could arise through the process. 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. Here are the four biggest factors in determining your wait time to be selected by a prospective birth mother: 1. Advertising BudgetAs an adoptive family, you will work with an agency to create a family profile that is shown to prospective birth mothers. The time between completing your profile and being selected by a prospective birth mother can be the most challenging wait. The way your agency gets your profile out there, which is called “advertising” in adoption, will affect the length of the adoption process. Advertising is the most important contributing factor in an adoption professional’s average adoption wait times. The more money spent on advertising per adoptive family, the more exposure they will have to prospective birth parents. Each agency operates differently in this area. Utah Adoptions places a high value on adoption advertising. We are a national adoption agency, which means we work across the country to find the best adoption opportunity for you. This nationwide scope, combined with our large investment in advertising, tends to create a shorter wait time for our adoptive families. Other adoption professionals do not work nearly as hard on their advertising efforts. They do this to cut costs and present families with a lower overall cost of adoption. It’s up to each family to decide if that lower cost is worth a much longer average length of time for the adoption process, which is the most likely result with a low advertising budget. 2. Number of Active Adoptive FamiliesAnother factor in determining how long it takes to adopt a child is the number of active adoptive families compared to the total number of adoptions a professional completes annually. 3. Your Adoption PlanThe more flexible a family’s adoption plan, the more exposure they will have with expectant mothers, which will help reduce their adoption process length, on average. 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 MuchAs stated in the previous three principles, there are many steps an adoptive family can take to help limit how long adoption takes. However, all families must understand that no matter what they do, their wait will still be unpredictable. Birth mothers choose certain adoptive families for numerous reasons, from the way the adoptive father may remind her of her own father, to the fact that the adoptive family already has children and she wants her child to have older siblings. The reasons certain families are chosen ahead of others are unique to each birth mother. Adoptive families should go into the adoption process knowing that their wait is somewhat unpredictable, even when working with an agency that uses best practices to shorten how long it takes to adopt a child. It’s best to spend your time trying not to worry if their wait takes a little longer than expected. Free Adoption 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
Different Types Of Liability In A Restaurant Or Bar Imputing Income For Divorce In Utah What Are My legal Rights As Birth Parent Of An Adopted Child? Does The Utah Anti-Deficiency Law Protect Me? My Ex Won’t Abide By Custody Arrangements, What Do I Do? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Long Does The Adoption Process Take? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-long-does-the-adoption-process-take/ As a biological parent of a child, you might have had all of your rights terminated and you might have no rights at all. You may have the right to make decisions regarding the care and keeping of your child, so long as it does not jeopardize the health and safety of the child. Sometimes this includes the difficult decision to give your child up for adoption. You really need to talk to an attorney depending on where you are at to see if you have rights or not. With respect to your emotional and financial well-being, however, you should never feel compelled to relinquish your parental rights without first understanding how that decision might affect you in the long run. Therefore, if you are thinking about giving up your child for adoption, it is important to know of the limits of your birth parent rights — the most drastic being the termination of parental rights. Termination of Parental Rights in GeneralThere are several grounds for termination of parental rights — both voluntary and involuntary. Generally, birth parents have the right to choose what is in the best interest of their children and this includes the difficult decision whether to give them up for adoption. On the one hand, when birth parents choose to offer their child for adoption they are voluntarily terminating their parental rights. Conversely, when birth parents have their parental rights terminated for them, this is known as an involuntary termination of the rights of birth parents. Voluntary Termination and ConsentBefore voluntary termination can take place, state laws require one or both birth parents to legally “consent” to the adoption. Consent occurs when birth parents legally agree (without coercion, threat, or force) to relinquish all rights and duties of a child to allow an adoption to take place. Most states require consent to be in writing and done before a judge or other court-appointed person. This applies equally to biological mothers and biological fathers who have established paternity. Furthermore, many states have designed programs to help ease the transition for all parties involved including children, birth parents, and adoptive parents to prevent anxiety, trauma, coercion, or other negative psychological effects that may come during the adoption process. If one or both parents are deceased or have lost their parental rights for other reasons, however, consent may be given by the following: Involuntary TerminationUnlike voluntary termination, there are times when birth parents rights can be terminated involuntarily if certain conditions are met. For involuntary termination, most states look to the best interest of the child and determine whether specific reasons exist to end the biological parent-child relationship. The most common grounds for involuntary termination of parental rights include: TimingDepending on the state, the exact moment that birth parents rights may be terminated can range anywhere from immediately after a child’s birth to up to 30 days thereafter (or more in limited cases.) Therefore, because terminating birth parent rights is a serious matter, most states have strict timing requirements that must be met before a birth parent’s rights can be terminated. Revoking ConsentAs a general rule, consent to adoption is irrevocable since consent is meant to be a lasting and binding agreement to help ensure a stable environment for the child. Some states do not allow birth parents to revoke their consent to adoption. Other states allow extremely limited situations for revoking consent to adoption usually before adoption has been finalized and may include the following circumstances: • Fraud or coercion was involved Birth Mother Rights after Child’s AdoptionPrior to an adoption being finalized by the court, the birth mother, or birth father, will retain the legal rights to their child. After the adoption process is finalized by a court, both birth parents lose all legal rights to their child. This means that a biological mother will not have the right to make important life decisions on behalf of her child, nor will she have the right to petition for custody or even visitation. When an adoption is finalized by the courts, the birth parents are terminating all parental rights. Terminating all parental rights allows the adoptive parents to step in to become the child’s legally recognized parents. In order to complete the adoption process, birth parents must relinquish their parental rights. Passing the Point of No Return for Birth ParentsOnce the birth parents sign the consent to terminate parental rights, after the child is born, the ability to stop the adoption becomes much more limited. All states allow biological parents to freely change their mind after the child is born, but before the process is finalized by the court, even if an agreement was signed before the birth. Additionally, some states allow for the revocation of a birth parent’s consent to terminate parental rights signed after birth but before the adoption is finalized in certain specific situations. Some of those circumstances include: • Birth parents that provided consent due to fraud These circumstances are not only limited in their availability in each state, but also have very firm and often incredibly short deadlines. In some states, even if fraud, duress, or coercion was used to obtain the consent, a birth parent can be required to file a petition with the court within seven days. Once the time has passed for a birth parent to revoke their consent to terminate parental rights, the consent becomes irrevocable, meaning that there is no turning back. Can Adoptive Parents Cut Off AccessWhile the current trend for adoptions is to allow open adoptions that encourage birth parents and adoptive parents and the children to maintain contact, there is not much a birth parent can do if the adoptive parents do not want them in their adopted child’s life. To protect against this, birth parents may wish to enter into an agreement with the adoptive parents allowing for such things as visitation or regular updates. These agreements can be wrought with pitfalls and should be considered carefully by both adoptive parents and birth parents before being entered into. While states vary on this issue, courts, generally, will be unable to grant birth parents visitation after the adoption is finalized, unless a visitation agreement was approved by the court at the time of adoption. If an agreement for visitation was put in place at the time of the adoption, which courts may allow if the birth parent has a pre-existing relationship with the child, then a court may be able to enforce a visitation agreement. Without an agreement, adoptive parents are able to prevent birth parents from being a part of their child’s life and/or even visiting with their child. Birth Father Legal Rights When Child Adopted Out by Birth MotherPlacing a child up for adoption without the full consent of both biological parents could lead to legal complications. If the father is not part of the process, he may need to contact the adoption agency to initiate his parental rights for the child. The Adoption TriangleThere are situations where many parties involved in an adoption forget that the adoption includes three different sets of individuals. These are the birth mother, biological father and the adoptive parents. The legal issues arise when the biological father is not part of the process, has not been informed of the adoption decision or is not part of the consent for adoption with a person or couple outside of the biological family. In most states and circumstances, the birth father has the same exact rights as the birth mother. Without consent or discussing the matter with him, the adoption may not proceed. The Rules of AdoptionAdoption usually occurs when both biological parents give up parental rights so that the child may live with another family. The matter usually progresses through multiple agencies and parties before the youth becomes an adoptive child to a family. While placing the young person up for adoption is possible, the birth mother must discuss the matter with the biological father. The rules regarding adoption change from state to state, and the laws in place may require more steps or additional paperwork than other locations. If the father refuses to give up parental rights, he may take custody if the mother cannot raise the child. The Rights of the FatherIn the states that require the permission of the birth father for a full and complete adoption process, the father has the option to either stop the adoption process completely or to take custody when the mother cannot or is not willing to keep the child. The agency seeking to place the child may need to finalize background checks to avoid liability in any possible cases where the biological father was not initially consulted about the adoption with the birth mother. In these situations, the agency may need to talk to and counsel the biological father about the procedure and any possible rights he has. Complications with the FatherIf the mother is unsure who the father is, she may need to contact all parties that may have an interest. If the father could take responsibility or custody of the child, this could stop any possibility of adoption. However, if no one is interested in taking part in the child’s life, then the mother may have full capability to finalize an adoption without the interference of the father. The laws and processes do change based on the state, but the mother still must do her due diligence and discover who the father is if she wants to transfer her parental rights over to an adoptive couple. The Necessary StepsWhen a birth father is known, the birth mother should contact him at some point before attempting to place a child with an adoptive family. The first step is to contact him with the information and the connection to the child. The next step is to discover if he has any objection to the adoption or if he wants some involvement and relationship with the youth. If there is any reason to fear the birth father with possible violence from the conception of the young person or subsequent birth, the mother has no obligation to inform him of anything in most states. The next step when the father does not claim his rights is to contact an adoption coordinator to help and assist with the possible options in the specific state of residence. If any other issues with housing, transportation and other matters are necessary, this agent or agency could help. If the father either wants involvement with the adoption or with the life of the child, the adoption may halt at this point. When counseling is necessary, the biological parents may stop or continue with the adoption at any point. Legal Support for the Birth FatherWhen the biological father is not violent, he usually has some rights to acquire custody or to have involvement in the life of the child. This is even sometimes possible after adoption, and hiring a lawyer is important to protect his rights. Utah, like all states, regulates adoption, including who can adopt, who can be adopted, and other requirements to legally adopt another person. Utah courts look to the “best interests of the child” in adoptions, similar to the way they do in child custody cases. In addition, Utah must follow any applicable federal laws, such as the Indian Child Welfare Act. Code Sections Utah Code Title 78B, Chapter 6, Part 1: Utah Adoption ActWho Can Be Adopted Any child or adult can be adopted, if eligible and the Utah adoption laws are followed. If the adopting person is not at least 10 years older than the child, he or she can’t adopt. However, if a married couple is adopting only one of the spouses must be at least 10 years older than the adoptee. Consent of Child: A child who’s at least 12 years old and any adults must consent to adoption, if they have the mental capacity to consent. Who Can Adopt: Any adult can adopt, but must have the consent of his or her spouse if married. Also, a single person who is cohabitating and involved in a sexual relationship without being married may not adopt. This may have been developed to prevent same-sex couples from adopting (although it doesn’t necessarily prevent single gay or lesbian persons from adopting). However, now same-sex marriage is legal in Utah. This law is written to say the “most beneficial family structure” for children is one with one man and one woman who are married, but there are many reasons this may not be the case and the law is flexible enough to understand there aren’t always qualified couples available for all the children who’d like to be adopted. Home Residency Required Prior to Finalization of Adoption: The home residency requirement or amount of time a child must live in the home before the adoption is finalized is usually 6 months. However, for stepparents adopting their spouse’s children, the child must live with the stepparent for at least one year. State Agency: In Utah, the state agency that handles foster care and adoptions of children who can’t be returned to their families of origin is Child and Family Services. State Court: The adoption petition can be filed in your local District Court or in the Juvenile Court for children who were abused or neglect or had the parental rights of the birth parent terminated in the juvenile court. Statute of Limitations to Challenge: An adoption can’t be contested after entry of final adoption decree, even in the case of fraudulent misrepresentation connected to the adoption. However, a person can seek civil or criminal penalties for adoption fraud. Whatever the individual circumstances that brought you to consider adoption are, it’s a good idea to speak with an experienced Utah adoption lawyer to ensure the process goes as smoothly as possible. Whether stepparent, international, or foster care adoption is the best choice for you, a lawyer who regularly works in this area of the law can tell you more about your options. Free Adoption 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
Lessons Learned From 50 Cents’ Bankruptcy How Adultery And Infidelity Relates To Divorce In Utah How Do I Request Child Support Modification? Child Support Enforcement In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post What Are My Legal Rights As Birth Parent Of An Adopted Child? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/what-are-my-legal-rights-as-birth-parent-of-an-adopted-child/ Alimony, or spousal support, is money paid by one spouse to another after a divorce in order to maintain the latter spouse’s standard of living. That probably sounds a bit clinical. When you get a divorce, the judge is likely to determine that you either have an obligation to pay support your former spouse financially, or vice versa. If you are the one who ends up having to pay your spouse, it’s because you have the better job or the ability to make more money than your ex-spouse. Legally speaking, alimony stems from the belief that marriage is a contract, and that spouses have an obligation to support each other, sometimes even after the marriage ends. Traditionally, it is more likely for a man to be expected to pay alimony than a woman, as the concept of divorce descends from a paternalistic tradition. However, as our society strives more and more for equality under the law, women are more likely to be pay alimony to their former husbands, although this is still unusual. There are several factors that determine whether support payments are made, and if so, how much. In general, they are: • How long the marriage lasted. Alimony is often paid for a set amount of time, and the longer the marriage, the longer the duration of support payments. Marriages which lasted over ten years usually involve permanent alimony. How To Enforce Alimony AgreementsWhen a couple goes through a divorce, one of the most important decisions they will have to make will be about alimony, or spousal support. When one spouse depends on the other for financial assistance, they may need to receive spousal support payments after the divorce is finalized. When one spouse fails to make these payments, it can make life very challenging for the other spouse. Thankfully, there are a number of legal actions that can be taken if one spouse refuses to make agreed-upon alimony payments. If you are entitled to receive alimony but your former spouse is not adhering to the agreement, contact an attorney to discuss your rights and options. You should not have to suffer if your ex-spouse is bound by law to support you after divorce. How Alimony Arrangements Can Be Legally EnforcedSometimes, simply informing the other spouse in writing that no alimony payments have been received is not enough to get them to follow an alimony agreement. Other actions that can be taken include: • Getting a Wage Assignment Order The steps to take in order to achieve these actions can be very complex and complicated. This is why it is best to speak with an attorney first before taking any action. Attorneys can save you time and effort by finding the most efficient and relevant legal avenues that are appropriate for your specific case. How Alimony is Calculated in a DivorceHow alimony is calculated depends on where you live and are getting your divorce. Some states, and even some counties, have alimony guideline charts, similar to the child support guideline charts that exist in all 50 states. The charts determine an amount of alimony depending on factors such as the income of the parties and whether and how many children are involved. In Utah for instance, there is no statewide alimony guideline chart. The courts use them as a starting point, before making adjustments to fit the circumstances of the divorce case. In Pennsylvania, there are guideline charts developed at the state level. Generally the courts must follow these guidelines, though they can deviate from them as long as they explain why in writing. Several other jurisdictions around the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to amount and duration. The judges take into account the income of both parties, and, in particular, the need of the receiving spouse. Ask your lawyer if there is a “rule of thumb” in your area. For example, a particular court or judge might say that a spouse with custody of the children should end up with 40% to 50% of the couple’s combined net income. Alimony and child support would then be awarded to get to that percentage. As always, if you can negotiate a mutually acceptable agreement with your spouse, you will both be better off than rolling the dice in divorce court. And when alimony is involved, you need an experienced family law attorney. Determine the Requesting Spouse’s Financial NeedTo determine financial need, the court compares the requesting spouse’s cost of living to his or her income, if any. If the requesting spouse’s income is insufficient to support his or her daily living expenses, the court calculates the amount of deficiency. That deficiency is the spouse’s “need.” Determine the Ability to PayThe court ensures that the non-requesting spouse is able to pay alimony. To determine this, the court subtracts the non-requesting spouse’s cost of living and other regular expenses from his or her income. Any income remaining after this subtraction is considered disposable and able to be dedicated to alimony. A spouse with no remaining income will not be required to pay alimony. Marital Circumstances and AlimonyDepending on state law a court may consider the following when determining alimony: Amount and Length of Time of PaymentsThe court’s calculations will identify a reasonable amount of alimony to award. The final step is for the court to determine how long payments should last. To determine this, the court considers: Alimony payments can be made periodically or in a lump sum. Periodic payments are usually made monthly, but can also be made quarterly or yearly. Courts consider the frequency of the need and how often the paying spouse receives income when determining payment dates. The amount of alimony you receive is determined by the circumstances of your marriage. To calculate an estimated amount of alimony you may receive, determine the amount of living expenses that your salary fails to cover. However, remember that a court’s first concern is fairness. Factors That Affect Your Alimony PaymentsIn the event of a divorce, everyone is fully aware of the harsh emotional experience. In most cases, hurtful things are said and many character defects are quickly brought to the surface. At the same time, if the subject of alimony is on the table, a gargantuan level of uncertainty and financial stress is added to the equation. While the issue of calculating the alimony award amount is completely in the hands of the court, most spouses are at least concerned over the factors taken into consideration in determining the monthly spousal support payment. Simply put, there are several factors taken into consideration when determining the amount and type of spousal allowance. In order to gain a better understanding of these considerations, the following information highlights and explains some of the most common factors and the role these factors play in Utah divorce courts. 1. Standard of LivingWhen a judge determines the alimony payment, one of the factors the court examine is both parties’ standard of living. With the overall goal of maintaining the lifestyle obtained during the marriage of both parties, the court thoroughly examines all parties’ financials and assets. Most notably, the court reviews the value of assets such as homes, vehicles, and any other type of possession of value. Also in this equation is the couple’s recreational lifestyle, such as vacationing habits. Simply put, the higher or more expensive the lifestyle of the couple, the higher the probability alimony will be awarded. This factor is even greater in long term marriages. 2. Time MarriedAs a general rule of thumb, the longer the couple has been married, the larger the amount of spousal support will be awarded. In Utah, marriage terms are explained in the following three categories: 3. Condition of Both PartiesWhen the court determines whether alimony will be rewarded, the mental and physical condition of each party along with their age is taken into consideration. In situations where one spouse is older, disabled, or suffering from health problems, the likelihood of receiving alimony is increased. At the same time, someone who is in relatively decent health and is younger would be less likely to be awarded alimony. 4. Financial ResourcesIn Utah, monthly spousal support is based both on the spouse’s need for financial support and the ability of the other spouse to meet those needs. In discerning financial ability, the financial resources of each spouse is examined including non-marital and marital assets. The presiding judge will take into consideration every financial resource available to both spouses. For example, the judge would indeed include one spouse’s pre-marital corporate holdings as a factor to consider in the case. In addition, the judge would also consider any type of trust funds dispersing income on a regular basis. 5. Professional CapacityAnother factor affecting spousal support payments is the professional earning capacity of both spouses. The earning capacity includes factors such as education, professional experience, skills, and the employability of both spouses. Primarily, the professional capacity consideration examines whether a spouse has the ability to earn a living in the event they are not working at the time of the divorce. In other words, this consideration involves determining whether the spouse has the ability to work. At the same time, a spouse who is able to work but is unemployed could receive spousal support payments toward rehabilitative practices. For example, if one spouse did not finish their education and doesn’t have a job, the spouse could become independent with vocational training. In this event, rehabilitative alimony would be in order. 6. Individual Contributions to the MarriageEach spouse’s contribution to the marriage is also considered in determining monthly alimony payments. Since several spouses make contributions other than financial, the court recognizes actions such as child rearing, homemaking, and the efforts given toward the career building of the other spouse. This consideration is given because in the place of financial contributions, the spouse dedicated significant efforts toward the improvement of the family and marriage. Examples of this type of consideration are a husband who resigned from his job and relocated when his wife accepted a new job. Another example is a homemaker staying home to exclusively maintain the household and take care of the family. 7. Future Parenting ResponsibilitiesIn Utah, the court presumes parenting rights will be mutual unless the potential of harm for the child exists. All of these factors play a role in determining alimony. Major decisions involving time-sharing, religious and educational needs, and medical and health needs are all factored into determining payment. 8. Tax ImplicationsIn most cases, receiving Utah alimony qualifies as taxable income. At the same time, the spouse paying the alimony can the write the payment off as a tax deductible expense. All of the tax consequences and treatments of both spouses are used in determining the award amount. 9. All Sources of IncomeThe courts also factor in every type of income a spouse receives in determining awards, which includes investments. For example, if one spouse has a portfolio proven throughout time to earn the spouse a 10% return, the historic returns could be used as additional income and be factored into figuring the monthly spousal support payment. 10. AdulteryIn any case, the court can use the committed act of adultery by either spouse into determining the alimony payment. In addition, the court can also include the circumstances of the adultery in denying an award or setting the award amount. Is There Any Way to Legally Avoid Paying Alimony?Alimony is not a given when a couple gets divorced. If both parties are earning income, which is often the case, a judge may determine that both spouses are capable of supporting themselves. If a judge has ordered spousal support in an amount that is now too high for the payer, that person can go back to court to seek a reduction in alimony. Simply stopping payment of court-ordered support will have a lot of negative consequences for the non-payer. If a support-receiving spouse is having trouble getting the money owed to them, they can seek court enforcement. A family court judge may cite the non-paying spouse for contempt of court for failing to fulfill a court order. 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
How Do I Keep Track Of Child Support Payments? How To Be A Safe Motorcycle Rider? Should Filing Bankruptcy Be The Last Resort? How Do I Request Child Support Modification? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Is Alimony Determined? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-is-alimony-determined/ Although an appropriate amount of child support will be determined by the courts, that does not make it permanent. Depending on the circumstances, you could have your current child support order modified. If either parent’s income is adjusted or lowered, he or she may need the order to be changed in order to meet financial obligations. A child’s cost of living may also change, creating a need for adjusted child support. Once a child support agreement or order is given by the courts, the amount payable may be raised or lowered under different circumstances. Changes in the earning ability of the parent or the financial needs of the child could be adequate to warrant a modification. The prevailing costs of living may also create a need to adjust child support. Reasons for Modifying Child SupportTo be successful with your petition to modify child support in the Utah courts, you need to provide proof that there has been a considerable change of circumstances since the original order was issued – the change may be either permanent or temporary. Here are the common situations under which the courts may grant your request to modify child support in Utah: How to Change Child Support in UtahChild support can be modified by taking two approaches through the Utah courts: filing a petition to modify child support or filing a motion to modify child support. A motion is often filed under limited circumstances in Utah, making the filing of a petition the better option in the majority of cases. You may have a number of reasons for needing to modify – either increase or decrease – the amount of child support you pay. However, for your request to be successful, you must prove to the court a substantial change in circumstances has occurred to warrant the modification, which can be temporary or permanent depending upon the nature of the changed circumstances. Common reasons the court acknowledges for modifying child support include: To modify a child support order, you may take one of two approaches: Filing a Motion to Modify Child Support or filing a Petition to Modify Child Support. In Utah, the circumstances that permit you to file a Motion to Modify Child Support are limited. In most cases, you must file a Petition to Modify Child Support. Either way, you need to serve the other parent your documentation by a method that is authorized by Utah Rules of Civil Procedure (URCP). Motion to Modify Child SupportIn order to modify child support via a motion, you must meet certain conditions. These conditions include: Petition to Modify Child SupportIf you don’t meet any one of the conditions to make a Motion to Modify Child Support, your other option is to file a Petition to Modify Child Support. You can modify support by petition if the order was entered three or more years ago and you meet these other conditions: • The difference between the amount as ordered and the amount as required under the Utah Child Support Guidelines is 10 percent or more; According to the Utah Code, the change must result in a non-temporary difference of 15 percent more between the original support amount and the amount as required under the guidelines, which will be the proposed amount. Other grounds for modifying child support through a petition, regardless of when the order was originally entered, include: • The child turns 18 or is emancipated; Can You Avoid Child Support Legally?It should be stated from the start that the child support system is strongly regulated, making it very difficult to beat. However, there are ways and means to ensure you only pay a fair and correct amount. We’ve come up with a list of a dozen legal and ethical methods to avoid overpaying. 1. See Your Children MoreThe single best thing for avoiding child support is to spend time with your children. How much you pay basically depends on how many nights per fortnight the children spend with you. If you have the kids 7 nights per fortnight, you’re assumed to be covering 50% of their costs through direct care. You may still need to pay some child support if you have a higher income than the other parent. Child support payments are lower if you have at least 2 nights with the children per fortnight. The amount drops again if you have 5 nights and then keeps reducing as the number of nights’ increase. To have more time with the children, ideally you can come to a mutual agreement with the other parent. Otherwise, you’ll need to go through a court process (which starts with mediation). 2. Make a Binding Child Support Agreement
3. Don’t Chase Pay IncreasesWhen you’re a child support payer, work-life balance can be a big issue. You may feel like you’re working for everyone else (the ex, the taxman and your children) without having much for yourself. Taking a more relaxed approach to your career could be important for mental well-being while also lessening child support payments. If you get a pay rise, child support goes up because; your income is higher relative to the other parent and, the children are assumed to cost more to raise (because combined income is higher). Obviously, you shouldn’t be looking to knock back an easy promotion or a better paying job just for the sake of it. You and the kids will be financially worse off. But, at the same time, you could re-think doing overtime or a tough job that pays only slightly better. Work can be personally rewarding as well as a means to pay bills. 4. Become Self EmployedA strong way to gain control over your finances is to become self-employed. Instead of taking a salary or wage from an employer, you find work for yourself (which could be contract work or running a small business). If successful in self-employment, you control how much income you earn and, therefore, how much child support must be paid. You can work harder when you need the extra money or, if taxable income is getting high, relax a bit. You can also choose whether or not to squeeze out more income. If you don’t need income now, you can invest in the business or spend money to improve your working conditions. Being self-employed also makes you a target for child support officers. They are notorious for using creative accounting to set excessively high income levels for self-employed payers. So be prepared for a strong defense if the other parent initiates a Change of Assessment. 5. Hire a Good Tax AccountantIt’s always good to minimize taxable income when preparing a tax return. For a child support payer, it lessens child support and tax liabilities together – since payments are based on the taxable incomes of parents. If you have complex tax affairs, hiring a good accountant might help you find extra deductions (or ways to boost deductions next year). But you can’t simply shift income and investment funds around to artificially reduce taxable income. That usually doesn’t work. 6. Pay Only What You Receive Credit ForThe rules around what counts as child support often don’t favor payers. So be careful before paying for anything out of your own pocket or sending money to the other parent. Make sure it counts as child support, which may require you getting written acknowledgement by the other parent. Normally, you should just pay the exact amount of child support you are required to each month. If you have some care of the children, also pay directly for normal care expenses (when you have the kids) and any activities or purchases you personally choose. Shared expenses when you have partial careThere are no firm guidelines around how child support money should be spent on children. Each parent spends money on the children independently. If you want something for your child and the other parent doesn’t, you’ll have to pay for it (and vice versa). Some expenses should really be split in a shared or regular care arrangement, such as for clothing, dental work and sports participation. It’s unfair if only one parent is always covering the costs. The split should normally reflect the formula’s cost % split. For example, if you have the children 5 nights per fortnight, you get credit for 27% of child-raising costs (see Cost % Table). So, overall, that’s about the percentage you should be contributing towards shared expenses. 7. Inform Child Support if Your Income DropsThe current amount of child support you pay is normally based on your taxable income for the previous financial year. If your income is actually lower than previously, you should tell Child Support immediately. They don’t do backdating for payers. A downward adjustment in child support is likely to be made if your income is at least 15% lower. 8. Lodge Tax Returns Quickly if Your Income DropsAlways remember that Services Australia doesn’t do backdating for the benefit of payers. If you’re late doing a tax return after your taxable income drops, they won’t give credit for any over-payments. Get your tax return into the ATO soon after 1 July if you think taxable income has fallen for the financial year. 9. Avoid Triggering a Change of Assessment (COA)The other parent can initiate a Change of Assessment (COA) review of your case if they believe the current assessment is unfair. A COA may be justified on the basis of special circumstances, which include you having significant assets or access to extra income. COA’s are often initiated against self-employed payers and payers who have reduced their income significantly. As payers who have experienced the process can testify, a COA can lead to unfair outcomes. They are best avoided. You need to be careful when doing anything that might look like you’re trying to get out of child support. For example, you can’t choose to take a different job if the income is significantly lower. You are also prevented from stopping work to study. In both cases, Child Support is liable to set your income for support purposes to your highest earning amount. We can change your child support if we’re satisfied there are special circumstances and the change would be fair to both parents and the child… You need to give evidence for at least one of the 10 reasons to change an assessment. We will send the application to the other parent so they can respond. 10. Initiate a Change of AssessmentWhile the COA process is often used against payers, it can also be applied to payees. If the other parent’s reported taxable income doesn’t reflect their financial means, you can initiate a COA. For example, you might start one because the other parent is choosing not to work. 11. Donate to CharityDonations to registered charitable organizations are generally tax deductible. By giving to charity, you can lessen your taxable income and partly reduce child support. 12. Have More ChildrenHaving another child will somewhat reduce how much child support you pay. An extra dependent increases your basic living costs in child support calculations. Just make sure the other parent is a good earner. Otherwise, you could end up paying a lot more child support in the future. Free Divorce 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
Are Mothers More Likely To Get Child Custody During Divorce? How To Get A Divorce When You Are Struggling Financially? How Do I Keep Track Of Child Support Payments? Can I Be Denied A Job Because Of Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Do I Request Child Support Modification? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-do-i-request-child-support-modification/ |
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