A buѕinеѕѕ attorney iѕ a legal professional who handles a widе vаriеtу of аnуthing lаw rеlаtеd in thе buѕinеѕѕ ѕеtting. All buѕinеѕѕеѕ bоth ѕmаll аnd lаrgеr соrроrаtiоnѕ will рrоbаblу nееd a business lаwуеr аt ѕоmе роint. A list of thingѕ a buѕinеѕѕ аttоrnеу mау oversee аrе, Liсеnѕеѕ аnd реrmitѕ, соруrightѕ, tаxеѕ, bаnkruрtсу, соntrасtѕ, аnd thе liѕt соntinuеѕ оn. If уоu оwn уоur own business it is great tо hаvе аn аttоrnеу tо оvеrѕее large рurсhаѕеѕ, contracts or аnу оthеr аgrееmеnt whiсh you are еntеring in tо. This can save you frоm lоѕing mоnеу оr еntеring intо something whiсh уоu оthеrwiѕе did not want tо agree tо. Buѕinеѕѕ аttоrnеуѕ are quite nесеѕѕаrу fоr аll buѕinеѕѕеѕ in order fоr everything to run ѕmооthlу. If уоu оwn оr аrе thinking оf ѕtаrting уоur оwn buѕinеѕѕ, you ѕhоuld knоw that thеrе аrе a lоt оf thingѕ аt ѕtаkе аnd thаt it rеԛuirеѕ саrеful рlаnning. A nеw business owner has ѕеvеrаl ԛuеѕtiоnѕ аnd qualms whеn ѕtаrting a nеw buѕinеѕѕ venture. Hаving a buѕinеѕѕ аttоrnеу оn your ѕidе can rеаѕѕurе you thаt уоu аrе mаking the right dесiѕiоnѕ and will not end uр lоѕing mоnеу in thе lоng run. A trаinеd рrоfеѕѕiоnаl can ѕаvе you frоm dоing a lоt оf the guеѕѕ wоrk and stress that соmеѕ with a nеw buѕinеѕѕ. A buѕinеѕѕ attorney iѕ likе a lаwуеr who also рrоvidеѕ ѕuggеѕtiоnѕ аnd guidаnсе оn hоw exactly to run a buѕinеѕѕ ѕmооthlу. A gооd attorney has the knоwlеdgе thаt will guide you thrоugh аll thе diffiсult ѕtерѕ it tаkеѕ tо ѕtаrt and run a buѕinеѕѕ. A professional will аlѕо givе уоu the right tools to kеер уоur finаnсеѕ in оrdеr. Running your оwn buѕinеѕѕ саn bе the bеѕt thing уоu ever did fоr уоurѕеlf or thе wоrѕt. Whеn уоu ѕtаrt a nеw company уоu riѕk еvеrуthing уоu оwn аnd рut a lоt оut оn the linе fоr it. You are invеѕting all оf уоur money in hореѕ that уоu will ѕее it bасk one day. In аdditiоn tо thаt, you tаkе on loans whiсh mау or may nоt аffесt уоur сrеdit score negatively. Dоn’t ruin еvеrуthing fоr a buѕinеѕѕ. Hirе a рrоfеѕѕiоnаl and experienced buѕinеѕѕ аttоrnеу to mаkе the whоlе thing gо thе right way аnd lеаvе уоu fееling good at thе еnd of the dау. Stаrting уоur buѕinеѕѕ off оn thе right fооt iѕ crucial to how it will run from the bеginning, truѕt in thе hands оf a professional whо will steer уоu towards ѕuссеѕѕ. Utah business аttоrnеуѕ аrе experienced with several buѕinеѕѕ lаw mаttеrѕ they аѕѕiѕtѕ with writing ореrаting аgrееmеntѕ, setting up соrроrаtе structures аnd buѕinеѕѕ entity fоrmаtiоn, acquisitions, negotiating tax mаttеrѕ, reviewing and authoring buѕinеѕѕ соntrасtѕ, аnd divestitures, аnd Chapter 11 bаnkruрtсу filings. Buѕinеѕѕ Attorney аnd Itѕ ImроrtаnсеOnе оf the few реорlе thаt уоu nееd tо kеер уоur buѕinеѕѕ mоving ѕmооthlу fоrwаrd iѕ a business attorney. Many business owners hаvе this nоtiоn that hiring lawyers wоuld оnlу be a hugе expense оn thеir part, thuѕ thеу don’t еvеn think аbоut thеm – ѕuсh a big miѕtаkе! If you were аblе tо hirе a gооd lаwуеr, hе can actually hеlр уоu nоt оnlу in tаking уоur buѕinеѕѕ to аnоthеr profitable lеvеl, but аlѕо in ѕаving уоu lаrgе аmоunt оf money, еffоrt, and рrесiоuѕ time. He iѕ the best individuаl to connect with when it соmеѕ tо thiѕ matter, аѕ hе is the one who knows the inѕidеѕ аnd outs оf business lаwѕ. He саn аlѕо guidе уоu in аll оf the lеgаl соnсеrnѕ and оthеr iѕѕuеѕ thаt may arise amidst thе ореrаtiоn оf уоur business. Whеnеvеr уоu hаvе hired a proficient lawyer, you will surely rеаlizе thаt in the еnd a business аttоrnеу whо is equipped with еnоugh lеgаl еxреriеnсе аnd еxсеllеnt еxреrtiѕе could be a precious asset in your соmраnу. Lawyers are imреrаtivе in a buѕinеѕѕ. And fоr ѕituаtiоnѕ that might require their hеlр, уоu should соnѕult them аt оnсе. Bеlоw are ѕоmе оf thе ѕituаtiоnѕ why thеir legal ѕеrviсеѕ аrе highlу demanded: – Nо оthеr реrѕоn iѕ mоrе specialized in thе legality of making соntrасtѕ, ѕigning dеаlѕ, lеаѕеѕ, and nеgоtiаtiоnѕ, but a business lаwуеr. – Onе рrосеѕѕ thаt iѕ inеѕсараblе in аnу firmѕ iѕ thе hiring process. Emрlоуing a lеgаl service in dеvеlорing a bеttеr рrосеѕѕ would соntributе a lot in running thе buѕinеѕѕ ѕmооthlу. – Whеn you’re gеtting involved with (M&E) Merger аnd Aсԛuiѕitiоn, lаwуеrѕ саn еаѕе uр соmрliсаtiоnѕ. – Sреаking of рrореrtiеѕ and its protection, lawyers аrе thе ones thаt соmе into mind. Hоwеvеr, thеу’rе nоt juѕt gооd in defending physical рrореrtiеѕ, but with thе intellectual рrореrtу аѕ well. From the mere fact thаt thеrе ample оf business laws that need to followed, aside frоm thе ѕtаtе’ѕ rulеѕ аnd rеgulаtiоnѕ, it’ѕ аbѕоlutеlу a necessity tо hook уоurѕеlf with аn оutѕtаnding buѕinеѕѕ аttоrnеу whо can guidе уоu оn whаt tо dо аnd on the thingѕ thаt ѕhоuld bе not done аѕ it mау оnlу jеораrdizе your buѕinеѕѕ. 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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Who Claims Child As Dependent On Taxes After Divorce? Who Determines The Custody Schedule? Wil I Get To Keep My House My Car And My Properties After Divorce? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/utah-business-attorney-2/
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What is Child Support and why is it Ordered?Child support is a term that is often found in many family law and divorce cases. It refers to the monthly payments that are made from one parent (usually the non-custodial parent) to the other parent (i.e., the custodial parent) for the purposes of raising their child. As such, the money from a child support payment may only be used to pay for items that affect the health and well-being of the child, such as food, clothing, medical needs, and so on. For example, suppose you had a child with another person. The three of you lived together as a family for several years, but then your partner decided to move out. Your partner, assuming they are a biological parent, would then have a duty to send monthly child support payments to you, so that you could raise the child. On the other hand, if you were the party who moved out and the other parent is the party responsible for raising your child, then you would be the one who would need to make child support payments to them every month. It does not matter whether you and the other parent were married, just so long as you both had a child together and are considered the parents of that child. The amount of child support that a parent may need to pay each month will be set by state guidelines and determined by the court. The court may adjust the number provided by state child support statutes by evaluating certain factors, such as whether the child has special needs or how many children require child support. Child support payments are generally terminated once the child reaches the age of majority in their state. When and How Does a Utah Court Order Child Support?When parents get divorced or are never married in the first place, they need to come to an arrangement about a multitude of different things. First, they need to decide whether one parent will be the primary caretaker of the child, such that their residence is the child’s primary home, and when and how the other parent will be allowed visitation rights or part-time custody of the child. The parent who is the primary caretaker is labeled the “custodial parent” under Utah law, while the other parent is the non-custodial parent. Typically, the non-custodial parent will be required to pay child support to the custodial parent, to cover such expenses as food, housing, tuition, and more. Many times the two parents are able to come to an amicable agreement among themselves or with a mediator about child support payments, and the matter will never have to go to the court. However, if one parents is not making payments as promised or if the two parties cannot reach an agreement on their own, the matter will be taken before a judge in family court. The judge will use a number of factors to determine how much child support is owed and when and how it must be paid, including both parents’ income information as well as any special needs the child may have. What Happens If I Fail to Pay Child Support?Failing to pay child support can have severe consequences. Courts take this responsibility very seriously and will typically give high priority to issues concerning missed child support payments. The first thing that can happen when a non-custodial parent misses a child support payment or does not pay the full amount is that the custodial parent can enlist the help of the court and state to have the child support order enforced. The type of punishment for not paying child support will usually depend on the reasons that a parent failed to pay child support and also on how far behind they are in missed payments. Some common punishments that a court may issue for failing to pay child support include: In addition, if the court issues a warrant for the indebted parent’s arrest, then they may also face criminal penalties for not paying child support, including having to pay criminal fines and potentially receiving a jail or prison sentence. What Can I Do If I Can’t Make My Child Support Payments?Parents should strive to pay child support in full each month. This can help them to avoid civil and criminal penalties. If a parent is not able to make their child support payments, they may be able to have the child support order modified to a more affordable rate. However, it should be noted that it is very difficult to obtain a child support modification. Moreover, indebted parents will typically need to make back payments on child support. Lastly, in extreme cases and if the non-custodial parent can get the custodial parent to agree, a party may be able to get the child support order waived. This can happen if the parents decide to reunite or if the custodial parent is financially able to support themselves and the child without the other parent’s financial assistance. How Far Behind in Child Support Payment Do I Need to Be Before a Warrant Is Issued?In general, a child support payment may be considered as late the moment that the assigned due date passes and no payment has arrived. Depending on the contents of the child support order, the indebted parent may have a short amount of time (i.e., a grace period) to make up for the missing payment. However, if this period passes and they still have not made the payment, then the court or a state child support agency may issue a “Notice of Child Support Delinquency.” Once such a notice is received, the court or state can begin to issue punishments against the parent like wage garnishment orders or placing liens against their personal and real property. A court may also issue a warrant. Specific to child support cases, a judge may issue two kinds of warrants: a civil and a criminal warrant. A conviction in a criminal case for failing to pay child support can result in heavy criminal fines, a lengthy prison sentence, and the loss of some parental rights. Can I Lose Custody for Not Paying Child Support?In general, a parent will typically not lose custody of a child for not paying child support. For one, the parent who has custody is usually not the parent who is legally obligated to make child support payments. Second, child support and child custody are two separate issues. Therefore, one does not normally affect the other unless the circumstances constitute an exception. For instance, a parent may lose custody of a child for failing to pay child support if they are sentenced to a stint in prison and no longer have the ability to care for the child due to being incarcerated. Should I Consult a Lawyer About Not Making My Child Support Payments?It is important to remember that making child support payments will not only directly impact your life, but also your child’s and any other family members who have to contribute money to support them. Aside from the emotional difficulties that you and your loved ones may face as a result of missed child support payments, having to modify a child support plan when you have already missed several payments can cause just as much stress on its own. Can You Go to Jail for Not Paying Child Support In Utah?Throughout the state of Utah and across the entirety of the United States, there are many divorced parents who are required as part of a court order to pay child support, typically to the parent or guardian who serves as the child’s primary caretaker. While most individuals willingly comply with their child support obligations, some try to get out of paying, while others simply fall behind due to life factors like a job loss or reduced income. In either case, failing to address your back child support payments could lead the court to impose serious penalties, including jail time in some cases. Below, the skilled Salt Lake City child support attorney like those at Overson Law, PLLC explain what might happen if you fail to pay child support as ordered by the court and how we can help you resolve your issues. What Happens if I Default My Child Support Payment?If the noncustodial parent has fallen behind on court-ordered child support payments, the custodial parent will have the option to go back before the judge and to request that they enforce the order. At this point, the judge will have several different options. As soon as you learn that the court has been informed of your late payments, you should contact an experienced child support attorney in Utah. Non-Criminal PenaltiesIf you are not able to be reached or brought back into compliance, the judge will likely consider non-criminal penalties first. Such penalties could include garnishing your wages in order to pay the back support owed, issuing a judgement against you that could affect your credit, placing a levy on your bank account, or intercepting all or part of your tax refund. They are also able to order a suspension of your driver’s license until your payments are made or an agreement is reached. Criminal PenaltiesThere are also two other options the judge has, both of which could result in you spending time in jail. The first is to hold you in contempt of court and issue a bench warrant for your arrest. Typically, police do not seek you out to enforce a bench warrant like they do with an arrest warrant. However, once the warrant is issued, you can be arrested anytime you come into contact with law enforcement, including at a routine stop for a traffic ticket where the officer will almost always run a warrant check. The best way to deal with a bench warrant is to contact an experienced bench warrant attorney in Utah before you get arrested. In some cases, the prosecutor can also choose to file a separate charge against you called “criminal nonsupport.” The statute states that the crime can be charged when someone who has a spouse or child under 18 knowingly fails to pay court-ordered support and the person receiving the support is in needy circumstances or would be in needy circumstances if not for the assistance of someone other than the defendant. Usually, this is only charged in the most severe cases where an individual has blatantly refused to pay despite having the resources to do so. 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 Factors Are Considered When Determining Child Custody? What Happens If I Do Not Sign The Divorce Papers? What Happens If I Don’t Pay My Alimony? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-happens-if-i-dont-pay-my-child-support/ Alimony or spousal support is granted to the financially disadvantaged partner when a marriage legally dissolves. Its purpose is to limit the unfair economic effects of a divorce on the non-wage or lower-wage earning spouse or domestic partner by awarding a monthly stipend. This monthly amount is calculated by examining a combination of factors: Alimony can be ordered for a limited period of time or indefinitely. For marriages or domestic partnerships under ten years of duration, alimony in California is usually awarded for one-half the life of the relationship. For longer tenured marriages, those over ten years, the court retains jurisdiction over what can be an open-ended financial obligation. Alimony continues until the court: Alimony in any circumstance will end if the receiving spouse remarries or registers in another domestic partnership, or dies, and if the paying spouse dies. Alimony payments do not survive the death of the obligated spouse or partner. What Happens When A Former Spouse Or Partner Doesn’t Pay Alimony?Because alimony is awarded through a court proceeding, the obligated spouse can be ordered by the judge who presided over the divorce or dissolution case to return to court to explain why alimony payments have stopped. Failure to pay alimony has consequences. First, a 10% interest per year on the balance due is added by law to the arrears. Even the judge cannot stop the imposition of these penalties. In addition, a liquidation amount can be added to any spousal support court order that will include an amount over the monthly support amount until the balance is paid. A court can order a wage garnishment where a percentage of salary is removed and paid directly to the receiving spouse. Also, a court can order funds to be removed from an existing bank account or intercept a tax refund check. The ultimate penalty is incarceration. If the court decides that the obligated spouse or partner has the ability to pay support, but is willfully not paying, the court can hold this person in contempt. The penalty is jail. Although this enforcement tool is not used often, it is used as a penalty of last resort. What happens if the obligated spouse cannot afford to pay the court-ordered alimony amount?A change in the obligated spouse’s circumstances can provide the grounds for reexamining the alimony obligation. However, it is improper to just stop paying. The obligated spouse should immediately begin proceedings to obtain an amendment to the alimony order. This is when an experienced attorney is needed to seek a judicial order amending the alimony obligation. “A change in circumstances” might include: Too many times former spouses avoid the inconvenience of returning to court to modify an alimony order. Common reasons for avoiding the hassle of going back to court to modify alimony might include: Procrastination in filing a motion to modify an alimony order can be costly. Ordinarily a modification order cannot be issued retroactively, so any arrears that accumulate even after circumstances have changed must be paid and cannot be modified by any subsequent court order. When Experienced Counsel Is Necessary To Protect Your InterestsWhether you are a receiving spouse whose former partner has fallen into arrears or an obligated spouse whose circumstances have changed, making alimony payments impossible, you should seek experienced counsel to ensure that your rights and obligations are fully protected. Unfortunately, when relationships fall apart, the emotional fallout often compels former partners into cruel or dishonorable behaviors. Rather than let emotions overwhelm the situation, especially when finances are involved, experienced divorce attorneys can come in and represent your interests in a professional manner. Courts prefer the parties to a divorce to work out the details of spousal support and child custody, so an experienced spousal support attorney can create a dissolution agreement that works specifically for you. Mediating Alimony DisputesWhen couples get divorced or have a dispute regarding a family law matter, they have the right to have the issue determined by a judge or by coming to a mutual agreement, often with the help of a qualified mediator. Mediation is an alternative to going to court to resolve issues pertaining to divorce. In mediation, you and your spouse meet with a professional mediator, who helps you negotiate all of the issues that need to be resolved in order to settle your dispute. Once you and your spouse have completed mediation and come to an agreement, that agreement must be reviewed by a judge, who (if he or she approves of the terms of the agreement), will issue a new spousal support order that reflects the terms of the mediated agreement. Alimony arrangements are not binding unless they are set forth in a court order. Likewise, any subsequent changes to those arrangements must also be set forth in a court order. You and your spouse cannot unilaterally or bilaterally change the terms of court-ordered alimony without getting those changes approved and decreed by a court. This is where an experienced family law attorney comes in. If your ex-spouse isn’t paying or is behind on paying you court-ordered alimony, do not attempt to deal with it yourself. Contact an experienced family law—divorce lawyer in Utah who can persuade the court to begin collection actions against your ex-spouse as soon as possible. Consequences of Not Paying Child SupportChild support is a term that is often found in many family law and divorce cases. It refers to the monthly payments that are made from one parent (usually the non-custodial parent) to the other parent (i.e., the custodial parent) for the purposes of raising their child. As such, the money from a child support payment may only be used to pay for items that affect the health and well-being of the child, such as food, clothing, medical needs, and so on. For example, suppose you had a child with another person. The three of you lived together as a family for several years, but then your partner decided to move out. Your partner, assuming they are a biological parent, would then have a duty to send monthly child support payments to you, so that you could raise the child. On the other hand, if you were the party who moved out and the other parent is the party responsible for raising your child, then you would be the one who would need to make child support payments to them every month. It does not matter whether you and the other parent were married, just so long as you both had a child together and are considered the parents of that child. The amount of child support that a parent may need to pay each month will be set by state guidelines and determined by the court. The court may adjust the number provided by state child support statutes by evaluating certain factors, such as whether the child has special needs or how many children require child support. Child support payments are generally terminated once the child reaches the age of majority in their state. What Happens If I Fail to Pay Child Support?Failing to pay child support can have severe consequences. Courts take this responsibility very seriously and will typically give high priority to issues concerning missed child support payments. The first thing that can happen when a non-custodial parent misses a child support payment or does not pay the full amount is that the custodial parent can enlist the help of the court and state to have the child support order enforced. The type of punishment for not paying child support will usually depend on the reasons that a parent failed to pay child support and also on how far behind they are in missed payments. Some common punishments that a court may issue for failing to pay child support include: In addition, if the court issues a warrant for the indebted parent’s arrest, then they may also face criminal penalties for not paying child support, including having to pay criminal fines and potentially receiving a jail or prison sentence. What Can I Do If I Can’t Make My Child Support Payments?Parents should strive to pay child support in full each month. This can help them to avoid civil and criminal penalties. If a parent is not able to make their child support payments, they may be able to have the child support order modified to a more affordable rate. However, it should be noted that it is very difficult to obtain a child support modification. Moreover, indebted parents will typically need to make back payments on child support. Lastly, in extreme cases and if the non-custodial parent can get the custodial parent to agree, a party may be able to get the child support order waived. This can happen if the parents decide to reunite or if the custodial parent is financially able to support themselves and the child without the other parent’s financial assistance. How Far Behind in Child Support Payment Do I Need to Be Before a Warrant Is Issued?In general, a child support payment may be considered as late the moment that the assigned due date passes and no payment has arrived. Depending on the contents of the child support order, the indebted parent may have a short amount of time (i.e., a grace period) to make up for the missing payment. However, if this period passes and they still have not made the payment, then the court or a state child support agency may issue a “Notice of Child Support Delinquency.” Once such a notice is received, the court or state can begin to issue punishments against the parent like wage garnishment orders or placing liens against their personal and real property. A court may also issue a warrant. Specific to child support cases, a judge may issue two kinds of warrants: a civil and a criminal warrant. A civil warrant is what results when the court holds a non-custodial parent in contempt of court for violating the child support order. This may lead to the non-custodial parent having to pay fines or serving a short jail sentence. Can I Lose Custody for Not Paying Child Support?In general, a parent will typically not lose custody of a child for not paying child support. For one, the parent who has custody is usually not the parent who is legally obligated to make child support payments. Should I Consult a Lawyer About Not Making My Child Support Payments?It is important to remember that making child support payments will not only directly impact your life, but also your child’s and any other family members who have to contribute money to support them. Aside from the emotional difficulties that you and your loved ones may face as a result of missed child support payments, having to modify a child support plan when you have already missed several payments can cause just as much stress on its own. Therefore, if you wish to petition the court to modify the amount of your child support payments or are facing serious legal ramifications for failing to make child support payments, then it may be in your best interest to contact a local child support lawyer for further legal guidance. While it is certainly possible to file a petition and to represent yourself in court without an attorney, it is generally not recommended. 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 What Happens If I Don’t Pay My Alimony? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Factors Are Considered When Determining Child Custody? What Happens If I Do Not Sign The Divorce Papers? What Does Supervised Visitation Mean? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-happens-if-i-dont-pay-my-alimony/ Even when it’s clear that a marriage is headed for divorce, one spouse might not be ready to take that final, legal step. Some spouses deal with their resistance—or anger—by avoiding or refusing to sign divorce papers. While those maneuvers might complicate the process, they won’t necessarily stop the divorce. Depending on the circumstances (and the rules in your state), you can usually get a final divorce even when your spouse won’t cooperate. Do Both Spouses Have to Agree to Divorce?If you want to end your marriage but your spouse doesn’t, you should still be able to get a divorce. States have procedures for dealing with spouses who hide out to avoid being served with the divorce petition, or simply won’t respond to the petition. But what if your spouse tries to frustrate your divorce efforts by refusing to agree to one of the “no-fault” reasons (or grounds) for divorce allowed where you live? In some states, the divorce process could be more complicated or simply time consuming when this happens. In some states, for instance, if your spouse denies that the two of you are incompatible, you will either have to prove one of the “fault” divorce grounds or be separated for a full year before you can get divorced. Can You Get a Divorce Without Your Spouse Knowing?Judges try to prevent one-sided divorce proceedings. This means you can’t go behind your spouse’s back to get a secret divorce. You must give your spouse notice of any divorce paperwork that you’ve filed with the court (as discussed below), so that your spouse at least has a chance to respond. Can You Get Divorced If You Can’t Find Your Spouse?When you file the initial divorce petition (sometimes called a complaint), you generally must arrange to have the petition and other paperwork delivered to your spouse through what’s known as “service of process.” But if you can’t locate your spouse, you may ask the court for permission to use another method for giving notice that you’ve filed for divorce. You’ll generally need to show that you made several serious attempts to find your spouse and serve the papers. A judge will decide whether to grant your request and which form of alternative service to allow—usually service by publication (publishing a notice in a newspaper). When Can You Get a Default Divorce?If you’ve served a divorce petition on your spouse (either through regular service or an alternative method), but your spouse hasn’t filed a response on time, you may request a default divorce. State and local rules vary. Typically, however, the process will go like this: You’ll file a request to enter a default along with a proposed divorce judgment after your spouse has not responded to the divorce petition within 30 days after service. The default hearing might be more involved in some states. In Utah, for instance, you must provide evidence at the default hearing to show that what you’ve requested in your divorce petition and proposed judgment—such as the details of the property division would be fair. You should be aware of the pros and cons of default divorce. For example, most states give the defaulting spouse a certain amount of time to ask the judge to set aside the default judgment. So you could be in for a big headache if your spouse has a change of heart. If you’re considering this option, it would be wise to speak with an experienced divorce attorney first. Note that some states—like Utah have a separate type of default divorce when your spouse has signed a written divorce settlement agreement but doesn’t file a response to the divorce petition. Unlike a “true” default divorce, the court will treat this type of case like an uncontested divorce. What to Do If You’re Spouse Won’t Sign the Divorce PapersEven the most amicable of divorces can be emotionally trying and tiring to navigate. But if your spouse is uncooperative and refuses to sign the divorce papers, it can make things even more difficult and frustrating for you. If you’ve made the decision to get a divorce, you’re probably ready to move ahead with it so that you can focus on getting a fresh start. Having your spouse dig in their heels and refuse to sign the documents might leave you feeling angry, confused, and desperate to move things along. If you’re in this situation, here’s what you need to know about how to proceed. Why Aren’t They Signing?First and foremost, it’s important to try to understand the reasons for your spouse refusing to sign. There can be many different motivations for this action. Are they still hoping to work things out and preserve your marriage? In these cases, sitting down and clearly explaining to your spouse that you’re not happy in your marriage any longer may be able to persuade them to sign. Are they trying to use this refusal as leverage to get you to give up certain assets or custody of your children? Some people think that refusing to sign will give them power over their spouse, making the other party desperate enough that they’ll make sacrifices simply to move the divorce along. If you think this is their motivation, don’t give into their manipulations. Talk to your attorney about how to proceed. Another common reason we see for a spouse to refuse to sign divorce documents is simply to make things more difficult for their spouse. Divorces can often bring out the worst in people, and a spouse may refuse to sign the paperwork for a while solely to cause trouble. While it’s a somewhat petty action, both spouses usually end up signing the paperwork in the end, as it’s clear that neither of them are happy. Why do your spouse’s motivations matter? Simply put, knowing the reason behind their refusal to sign helps you to better understand the best way to respond to this action. Whether you need to just sit down and have a talk, wait it out, or draw a hard line with negotiations will be based on what your spouse is hoping to achieve by refusing to sign the paperwork. Can You Still Get a Divorce?If your spouse has refused to sign the divorce papers, you might be panicking and wondering if you can still get a divorce or if you’re stuck in the marriage because of their action. The good news is that most states, including Utah, are “no-fault” states; this means you don’t have to prove that one spouse has done something wrong that led to the divorce. Rather, you can simply state that you feel the marriage is unsalvageable and continue to file for divorce. Assuming your spouse does not file a response, a judge will file a default hearing on your uncontested divorce. You must attend and request the divorce in person; the court will then ask you about matters regarding property division and child custody. Assuming your spouse has still refused to show, the court will generally grant the reasonable requests of whichever spouse has appeared at the default hearing. However, you should still speak to an attorney about these matters. Possible ComplicationsSo, if you can file a petition to end your marriage without your spouse’s signature, you might be wondering what all the fuss is about. Why bother trying to get your spouse to sign documents at all? The simple truth of it is that proceeding with a divorce is always easier when both parties are able to cooperate with one another. If your spouse is refusing to sign the paperwork they’ve been served, then odds are that they’re not going to be very cooperative in negotiating important facets of your divorce, such as division of assets, spousal support, and child custody issues. This can lead to a host of complications after you file your Petition for Dissolution of Marriage, so it’s incredibly important you have a skilled divorce attorney on your side. Generally, if the other spouse refuses to sign the initial divorce papers, the person seeking the process can still file the divorce and proceed with the initial petition which does not require signatures from both parties. The case can start without the consent of each spouse no matter which person wants to halt it or cause problems. Push Forward with the Divorce ProcessGenerally, the divorce papers do not need signatures from both parties to move forward. There is little need to ensure that the other spouse is in agreement to end the marriage legally. However, if both spouses are amenable to the process, it can permit both to progress through the divorce amicably. The initial petition is something that both spouses can review and make changes to or challenge to ensure that the judge will listen and understand what each person is wanting out of the divorce process such as marital property, child custody or visitation or what assets are to remain separate and not community property. Legally Serving the DocumentsWhen the other spouse refuses to sign the initial petition for the divorce, the person seeking the process will need to legally serve him or her the documents. Serving the papers can occur with anyone that is over the age of eighteen, but it often needs to happen through the Sheriff’s Office or with someone that is a licensed process server to ensure proper due process. If the other spouse is actively attempting to avoid the case by hiding or taking refuge in an unknown location, the other party can use the standard mail system. If nothing else works, the spouse seeking the divorce can use the public paper to publish a notice through permission of the court in the local area. If the other spouse continues to remain combative, the process may proceed through the courts and with the judge. A failure to cooperate can still affect the case, but it may harm the other spouse instead. The court is still able to move the proceedings forward. If the other spouse decides not to attend the court for the case or even to respond to the divorce petition, the judge can enter a default judgment that will grant the divorce to the spouse seeking the process. In these situations, the judge may grant most of the requested relief, and the absent spouse has no right to contest this decision unless there is a valid reason for the absence and failure to respond. Failure to RespondThe other spouse may fail to respond to the petition or the case, but he or she may file the respond and fail to participate. Any refusal to respond or cooperate with mandatory processes can lead to complications or even a negative outcome. The judge can issue penalties against the spouse and even hold him or her for contempt for his or her actions. This can continue until the person complies with any necessary actions or activity such as attending mediation or arbitration before the standard court case or litigation. Final Divorce DocumentsFor any uncooperative behavior that continues, the court usually must progress through the case and determine if any issues remain outstanding and how to resolve them. The court will hold a trial in this event. Unlike the standard case where both parties work out the issues, the judge will decide all matters through state law and any guidelines that apply to the situation. This can support the spouse seeking the divorce, but there are some matters that may still provide something to the other spouse such as marital property and the division of assets. Quicker Divorce ProcessesWhen both parties are cooperative and willing to proceed through the divorce, the processes are generally faster and quicker to resolve. However, the divorce itself will usually still proceed forward even without the cooperation and assistance of the other spouse. When there is a hint or the possibility that the other party will remain in conflict and not want to sign papers or collaborate in any manner, it is important to contact an attorney to help with the divorce and any other processes. Legal Support for Spouses that Refuse to CooperateIn the divorce, the spouse may need a lawyer to file the petition and to proceed appropriately. This lawyer can also help if the other spouse is refusing to assist or cooperate to reach a beneficial outcome of the divorce. 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 Factors Are Considered When Determining Child Custody? What Do I Do If My Ex Doesn’t Pay Their Child Support? What Does Supervised Visitation Mean? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-happens-if-i-do-not-sign-the-divorce-papers/ During separation and divorce, the most heated argument between the couple is always who takes custody of the child, if the marriage has been blessed with child after this comes the argument of sharing and splitting property; who takes what. The court takes custody of the child seriously and treats it with utmost care and priority because this is what determines the future of the child. If the judge grants the physical custody of a child to a parent it means that the parent has the right to have a child live with him or her for the amount of time determined by the judge. The judge, in some instances, can grant primary custody of a child to a parent. In this case, the child lives with the parent and the parent makes the decision on the upbringing of the child in exclusion of the other parent. In some other instances, the court may also grant joint custody of the child to both parents. In this arrangement, the child spends a significant amount of time with both parents at different times and both parents contribute to the upbringing of the child physically, emotionally, and financially. Joint custody may be joint legal custody i.e. both parents have joint legal custody of the child. Legal custody of a child simply means having the legal rights to make decisions about a child’s wellbeing and upbringing. Joint custody may also be joint physical custody i.e. the child spends some amount of time with each parent at different schedules and times. Finally, joint custody may also be joint physical and legal custody. There are some factors the court considers while granting custody of a child; whether sole custody i.e. custody to a parent or joint custody The critical factor that the judge first puts into consideration before granting the custody of a child to any of the parents is what is referred to in law as ‘The best interest standard’. The court uses this best interest standard to determine what would be best for the child. The child’s best interest comes first before that of the parents. What is best for the child is prioritized. Although, it is inarguable that both parents definitely have good and genuine intention towards the child in question and definitely want what’s good for the child the judge applies the best interest standard where what the court feels will be the best for the child comes first and outweighs the interest of the parents. In determining the child’s best interest, the court looks into these crucial factors which can be said are the essential factors that the judge considers in granting custody of a child and they include; The court considers if there is confirmed evidence of domestic violence, domestic abuse, or neglect or negligence by either parent of the child? The court will definitely not going to grant custody of a child to a parent who is negligent, violent, or abusive. The court weighs each parent’s ability to provide for the child’s physical needs, emotional wellness, and medical care. The court will not grant physical custody to a parent who is incapable of financially and physically catering to the needs of the child. The court will also check the psychological effect the custody will have on the child. The court will ask themselves if the child is okay where he or she is currently is or if the child doesn’t mind a change in physical environment and custody. The court will also consider the wishes of the child. The court will ask the child where he or she would like to stay or which of the parent would the child like to be with at the moment. This will only the done if the child is considered old enough to make his or her own decisions. The court also considers the living conditions and accommodations of each parents’ home. The court is interested to know if the child will have his or her own room in a parent’s house and have a spacious and conducive environment for him or herself. The court will also evaluate the mental and physical health of each parent and ascertain which of the parents is more mentally and physically fit to be granted custody of the child. The court is definitely not going to grant custody of a child to a mentally unstable parent or physically unfit parent. The court will also consider the quality of the relationship the child enjoys with each parent. The court puts into consideration which of the parent does the child have a more cordial and loving relationship with. The court is more akin to granting custody of a child to a parent a child has a blossoming relationship with. While these are some of the factors the court considers before granting custody of a child to a parent, there may be other extenuating factors the court will also look into in granting custody of a child to a parent depending on the peculiarity of each case. The Best-Interests StandardMany parents find this legal jargon confusing. Don’t all parents want what’s best for their children? For the most part, yes. However, in the majority of contested child custody cases, the judge determines what would be best for the children, despite both parents’ good intentions and competing wishes. Other Factors That Could Affect Child Custody ArrangementThe 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. Physical And Mental WellbeingThe physical and mental health of your children is a key component of their overall best interests. If there is any sign of abuse, violence, mistreatment or even abandonment, a judge could remove a parent’s custodial rights. Similarly, if the judge notices signs that a parent is unfit to have the responsibility of a child or presents a potential risk to the child’s wellbeing, it could impact the custody decision. The court will also consider how dedicated each parent is to the kids. If one parent makes it clear that the wellbeing of his or her children comes first, it can signal to a judge that this individual has the best interests of the children in mind. Parental Strengths And WeaknessesAs the judge hears from both parents, he or she will also be listening for signals that indicate strong character and communication. Keeping the best interests of the children in mind, the judge will typically want children to remain in the custody of a parent who knows how to appropriately communicate and foster positive relationships with others. The judge will also consider which parent will act as a positive role model for the kids. Family Instability – Causes And ConsequencesFamily instability is any factor that creates additional challenges within a family unit that ultimately affects a child/children’s cognitive, behavioral and emotional development, and places their development at significant risk due to the parents’ inability to effectively manage the home and the living environment. Family instability can come in many forms; economic, emotional, social, and physical. The challenges and struggles of family instability can be passed on from generation to generation if the instabilities are not corrected or the family and children do not receive appropriate physical and emotional assistance when needed. Types Of Family InstabilityEconomic or financial instability can come from a layoff, job loss, job change, or significant financial burden such a mortgage, car payment or medical debt. It impacts the families’ ability to meet the financial needs required to maintain a safe standard of living which includes sufficient food, shelter, medical and utility needs to have a safe and functional home. Children living in an economically unstable home may not have sufficient food, clothing, or utilities; if old enough they may be forced to work to help make ends meet in the home. Emotional instability in a family is often expressed through neglect, anger, anxiety and fear. Parents that are working demanding jobs or multiple jobs may not have time to adequately show attention and affection toward their children. They may overly express anger and frustration toward the children due to fatigue and share fears with children about adult concerns placing undue stress and anxiety on children. Love can also be an emotional instability when it becomes excessive and or inappropriate. Social instability in a family is expressed through neglect of tasks around the home and through anger and anxiety expressed by adults. The adults fail to express healthy social interactions which impact how the children will interact with each other and with other adults. They do not receive appropriate social training and this leads to dysfunction in the educational setting among peers, teachers and greatly impacts academic success. Physical instability in a family can come in two forms; the first one is the physical setting in which the family resides. The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members. A child may be exposed to a physically threatening environment where items are thrown, broken, or used to demonstrate fear and anger. Causes Of Family InstabilityWhile family instability focuses on these four forms of economic, emotional, social, and physical the cause of these instabilities can be numerous. Job loss, economic hardship, divorce, separation, infidelity, incarceration, extended family, unexpected pregnancy, sexual abuse, physical abuse, substance abuse, foreclosure, medical situation or emergency can all contribute to family instability. Certain socio-economic demographics and cultural groups experience higher levels of family instability. Consequences Of Family InstabilityChildren living in homes that experience family instabilities may experience extreme emotional expressions and extremes; they will suffer cognitively and often struggle in school. They will often have difficulty socializing and expressing age-appropriate social behavior. They will often show higher levels of anxiety and have irrational ideas and fears. Children may have clothing that is dirty or doesn’t fit; they may show signs of malnutrition or have eating disorders. 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 What Factors Are Considered When Determining Child Custody? first appeared on Ascent Law, LLC.
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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?/a> What Does Supervised Visitation Mean? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-factors-are-considered-when-determining-child-custody/ If your ex is working under the table and not paying child support, you can take them to court. When you have custody of your child, the law requires your ex to provide child support on a monthly basis. This money will go toward your child’s expenses, such as schooling, food, and clothing. But if your ex fails to pay the required amount, then it is likely that their wages will be garnished thereafter. Snuggling mother and sonBut if your ex is either working under the table or in an industry where they are paid in cash, it can be difficult for the court to obtain the child support by simply garnishing wages. If this is the case, you can follow these steps to give yourself a good chance of retrieving the child support you are owed. 1. File a motion to enforce the child support order. The court previously ordered your ex to pay child support. If that isn’t happening, you have the right and obligation to file an enforcement motion with the court. You will want to make clear in your motion that your ex is not making the required monthly payments. You should make it known that they are receiving cash payments and under reporting income to avoid paying child support. After it is filed, the court will set a hearing date. 2. Provide evidence your ex is working under the table. You may not have evidence that your ex is working under the table when you file your motion for enforcement. But when you make this allegation, the court may allow you to subpoena your ex’s employer to see how they are being paid and how much they’re really making. You can also hire a private investigator who can follow them and determine where they go, where they work, and how they are making their money. This means the judge can assume your ex’s income even if you are unable to provide evidence of it. The judge will determine how much they are capable of earning in a year and will base child support payments on that income. Even if your ex doesn’t have a job, the judge can impute income by using many factors, such as education, work history, etc. 3. Ensure that court penalties are paid by your spouse. If your ex is not paying child support, the court can and will penalize your ex, as courts always look out for the best interests of the child. Courts are capable of taking tough action on your ex for not paying child support. Some examples of this include: No matter the exact reason why your ex isn’t paying child support, you have options. You owe it to yourself and your child to take appropriate action. How to Get Back Child Support from Your ExNothing is more frustrating than going through an entire divorce, negotiating everything under the sun, from furniture to child custody, and then having your ex not pay child support. There really is no excuse for failing to pay child support. There’s a kid. The kid needs support. Your ex should pay a fair share. So, if you are the parent who should be receiving child support, and your ex is not paying child support, what can you do? You have a couple options: The Utah Office of Recovery Services (ORS) is, essentially, a clearing house for child support payments. Often, ORS will also collect on back child support, if it can determine a correct child support dollar amount to collect. It usually does this by garnishing the paying spouse’s income from their job. The problem with letting ORS handle things is they either do a great job collecting, or an absolutely terrible job. When your collection isn’t top on the priority list, or they have to do something different than they normally do, ORS will often shut down and do nothing. And by nothing I mean absolutely jack squat. That leaves you without current and back child support. Not a good place to be. Collect back child support by filing a motion for contempt with the court.If ORS isn’t doing what it should, or you simply don’t want to use ORS, filing a motion for contempt (also known as an “order to show cause”) is the way to go. A motion for contempt asks the court to do a few things: force your ex to pay the back child support, give you a judgment so you can garnish your ex’s wages if payment doesn’t happen, punish you ex for having to go after back child support. Punishment for non-payment can be anything from paying your attorney fees to suspending your ex’s driver license to jail time. (Most common punishment is paying your attorney fees.) In most cases, it takes one motion for contempt to collect back child support and get exes on board to pay child support in the future. In fact, much of the time, people will pay their back child support before the court hearing because they’re afraid of what the judge will do to them. Can I Withhold Visitation if my Ex-Spouse Doesn’t Pay Child Support?Many parents that have been divorced are faced with frustrating financial situations. When one parent can’t or simply won’t pay child support, things get even worse. This can lead to one parent finding themselves in a tight spot, and unsure how to fix the issue. One solution that comes to mind is to withhold visitation until the parent begins paying child support again. Although this seems like a simple and logical answer to a problem, it is something that should not be done. You may be asking yourself, “why.” It may seem fair on the surface that they unreliable parent should not be able to see their children. After all, they are not helping to support them. However, the laws and regulations behind child support and visitation are not that simple. The court system views these issues as separate legal items. Failing to pay mandated child support is in fact illegal. However, refusing to allow that parent to see their children is also an illegal activity. Even though you may feel justified (and perhaps rightfully so) you do not have the right to decide if a parent can see their children. Parent rights and visitation explainedRights do not begin and end with the parents alone. Each and every child has a legal right to have a relationship with both parents. In other words, a child cannot be punished by severing a parental relationship, because that parent is not paying child support. Another sometimes confusing point is that every parent has a financial obligation to support their children. Even in cases of non-custodial parents who do not wish to have relationships with their children. That is why we sometimes see parents paying child support for children they have only meet a handful of times. What can be done about unpaid child support?In general, it is a good idea to avoid an ever-escalating fight between you and your ex. You also do not want to risk your good standing in the eyes of the court. Lastly, one illegal activity does not justify another illegal act. If you are dealing with a situation where child support is not being paid you have options. You can call your local child support enforcement office to report the issue. Depending on the situation they can garnish their wages of the offending parent. Other responses can include refusing a passport, intercepting unemployment compensation, and even enforcing jail time. It is best to speak with professionals before taking things into your own hands. If you have any questions or concerns contact a family law firm near you to request a case review or speak with an attorney. My Ex is Behind on Child Support. Can I Get Back Payments?When many people ask if they can get retroactive child support, they are wondering if they can get child support they were supposed to be paid under a child support order but never received. To that question, the answer is an unequivocal “yes.” In Utah, as in most states, child support is considered a judgment as of the day it is due. I’m Not Married to My Child’s Father and He Has Never Paid Support. Can I Get Back Child Support?In Utah, as in other states, a man cannot be ordered to pay child support unless he has been established to be the legal father of the child. If parents are married when a child is born, or the child is born less than 300 days after the marriage ended, the woman’s husband is presumed to be the legal father of her child. If the child’s parents were not married, paternity must be established before a court or child support enforcement agency will issue a child support order. The mother, father, or child or their representatives can ask the court to establish paternity, as can various governmental agencies. Once paternity is established, child support can be ordered—including retroactive child support. Establishing PaternityA paternity action can be filed up until five years after the child’s eighteenth birthday. Does that mean that you can wait until your child turns 22 ½ and then file a motion to establish paternity and request retroactive child support from your child’s birth through the age of eighteen? No. Utah Code Section 78B-15-109 states, “The obligor’s liabilities for past support are limited to the period of four years preceding the commencement of an action.” In other words, if you waited until your child was 22 ½ before trying to establish paternity, you would only be entitled to retroactive child support from the four years prior. Since child support obligations in Utah terminate when a child turns eighteen, you might be able to establish paternity (which is useful for purposes of inheritance), but neither you nor your child would receive a penny in retroactive child support. Of course, most people don’t wait that long to seek child support when they are raising a child alone. If you have a young child with a co-parent to whom you are not married, you should strongly consider moving to establish paternity and get a court order for child support—including retroactive child support. As any parent knows, children have a lot of needs, including financial needs. Both parents have a legal obligation to support their children. This is not a burden that you should have to bear alone. Establishing paternity does not, on its own, create an obligation to pay child support. That said, it does open the door for a child support action. Establishing paternity also paves the way for the other parent to seek child custody, parent time, and an ongoing relationship with the child. If you establish paternity, child support is not the only financial benefit for your child. Should the other parent die while the child is still a minor, your child would be entitled to Social Security and possibly other government benefits as a result of their parent’s death. And, of course, establishing a legal parent-child relationship means that your child would be able to inherit from their other parent under Utah law. 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 What Do I Do If My Ex Doesn’t Pay Their Child Support? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-do-i-do-if-my-ex-doesnt-pay-their-child-support/ If you truly fear for your children’s safety, you must speak up about your concerns. But know upfront that there could be repercussions. Let’s take a closer look. Legitimate Concerns About SafetyIf you fear that your ex is a danger to you or your children, the court will treat the issue as a legitimate and serious concern. In general, judges are careful to thoroughly investigate allegations of abuse, threats of violence, and any form of domestic violence before making a child custody determination. This also means that before granting custody or visitation rights to your ex, the judge will likely investigate the allegations to make sure you are not making them up. Family protective services may also become involved to help the investigation. The court and/or child protective services may contact your neighbors, extended family members, and even your children’s teachers in an attempt to verify your story. During the investigation, the judge may allow the accused parent to spend time with your children. In some cases, visits may be supervised or take place in a neutral setting to ensure the children’s safety. What To Do If Your Child Is In An Unsafe HomeDivorce has turned into a part of life for many people and seems to be a developing pattern. As a divorced dad, it is your duty to ensure that your children are provided with stability and a safe home. Most would like to believe that their children will be completely safe with the other parent after a separation, but unfortunately that is not always the case. If your previous relationship was bad or if someone else has come into the life of your child, it’s common to be worried about your child’s safety and living conditions. So how are you to handle a situation where you do not think that your children are in a safe environment? Understanding What Is A Truly Unsafe EnvironmentAfter a divorce, tensions run high and are only aggravated when it comes to child custody issues. Sometimes heightened stress and emotions can make a person think there are safety issues everywhere when it comes to their ex having their child. Households that are disorderly or allow the children to engage in activities involving sports in which they could get injured will not qualify as being an unsafe environment. An unsafe environment that poses threats for your children and are instances where a court will step-in include: • Neglecting the child by failing to give them what he/she needs • Failure to supply enough food or appropriate medical care • Failure to keep firearms out of reach • Use of illegal drugs by members of the child’s household • Domestic violence to the child or another household member • Sexual contact with child Actions to TakeSometimes men feel that they can provide their own safety and security without legal assistance, but doing this can end up intensifying the situation. If you feel that your child is being exposed to these situations, requesting an emergency motion to suspend time-sharing is opportune. This means you need to file a petition with the clerk of court and request an emergency hearing. Not until your motion is heard can you deny time-sharing with the other parent. If the violence is being solely directed towards your child, then you may call for a petition for an injunction prohibiting the other parent from seeing the child temporarily until the conditions improve. Protection OrderA protection order can be placed and will provide a restraining order against any parties that could harm your child. What this does is issue a court order that restricts the wrongful conduct and actions of a person who has allegedly been violent or made threats of violence against another person. Unless your child is over the age 18, you would be the petitioner filing a protection order from violent threats from the respondent. When the court grants the petition and issues a protective order, it will place certain restrictions on the respondent. These restrictions include: • Respondent can be ordered to leave the house or apartment that you share, even if it is under the respondent’s name. • Respondent can be ordered to pay for the costs that resulted from the abuse (i.e. medical expenses, moving expenses). • Respondent has to stay a certain distance from petitioner’s home and other places where petitioner frequents. Accused of Making False AccusationsYou can take several steps to support your case if your ex accuses you of making false allegations. If your ex has physically or emotionally abused you or your child in the past, you should make sure you have documentation detailing the events. This may include police reports, medical records, or testimony from people that know you and can speak about the abuse. If your child visited a doctor or therapist to treat symptoms of the abuse, obtain records of these visits to show to the judge. If your child continues to exhibit symptoms of abuse or trauma, you should take your child to a therapist or mental health professional to undergo an evaluation. The therapist will review your child’s case and can present an expert opinion to support your claim. In disputed cases before a judge, the judge may order another therapist to evaluate your child to get a second opinion. Unfortunately, this means your child may be subjected to multiple evaluations and interviews to verify the abuse or harm. Call Child Protective ServicesEach county and jurisdiction has an agency in place to intervene in cases when there is suspected child abuse or neglect. Once a call is made to the office of Child Protective Services (CPS), the matter is assigned to a case worker whose job it is to investigate the claim of abuse or neglect. If there is a finding of abuse or neglect, the case worker, on behalf of the government, can initiate a court case. The CPS case worker may contact extended family members, neighbors, and teachers in order to find enough evidence to determine whether a case should be opened. Depending on the seriousness of the allegations, CPS could restrict or suspend your ex’s access to your child. One downside of this process, however, is that it often takes weeks or months to complete the investigation, and there is no guarantee that the findings will be favorable to you and your child. Motion For Emergency ReliefWhether you have an existing custody order or parenting agreement, or whether there has never been anything formally decided, a third way to get protections is by filing a motion for emergency relief. You can also file for emergency relief if there is an imminent risk of substantial and immediate harm to your minor child. If you have evidence of abuse, then you are able to quickly get before a judge who can grant relief. It is best to hire a qualified attorney who will prepare the appropriate pleadings, raise the relevant issues, and present the facts in a way that will be most convincing to the judge. This process could be longer than the first two processes discussed, but the relief will be longer lasting than a protection order. Is Your Ex Turning Your Child Against You?When one parent purposefully poisons their child against the other parent, the term used is parental alienation or malicious parent syndrome. The parent may attempt to convince their child: • The other parent is tired of them; • The other parent will have harsh restrictions on their activities; • The other parent replaced them with a new child or new family; • Their other parent doesn’t loves them. Parental alienation can be something small, like telling a child to call to check in with one parent during visitation with the other parent. The message being sent to the child is that the one parent cannot be trusted to take care of them. But parental alienation can be on a larger scale, where one parent is specifically telling the child that the other parent no longer loves them. While the most typical cases of parental alienation are by biological parents, stepparents can also cause alienation of the other parent. When trying to build a relationship with the child, a stepparent could alienate the parent intentionally or unintentionally. Is does not matter if the alienation was intentional or unintentional, it could have a serious negative impact on your custody case. Parental alienation by a parent or stepparent will always have a negative impact on your child. PsychologyThe term Parental Alienation Syndrome (PAS) was coined by psychiatrist Richard Gardner in 1985. His belief was that parents were purposefully sabotaging their child’s relationship with their other parent and as a result, the child exhibited behaviors that could be observed. According to Gardner, PAS was almost exclusively seen in situations where parents were in the process of divorcing and fighting over custody of the child. He believed that one parent would brainwash the child against their other parent, eventually leading the child to also vilify the parent. Garner developed his theory based on children he was seeing in his private practice where he was concerned about the number of cases he had with allegations of child sexual abuse that were untrue. Garner believed that mothers were most likely to be brainwashing their child when they are the custodial parent. He also believed that the mothers were convincing their children that their fathers had sexually abused them. Over the years, Gardner published numerous books and articles about this theory regarding PAS, custody fights, and the ramifications on the children. Gardner has been called to testify as an expert in more than 400 child custody cases, has developed coping strategies for PAS, and even created a board game for children whose parents are going through a divorce. Despite all this, Gardner’s theory has been highly criticized. The Legal Consequences Of Parental AlienationParental alienation, despite not being a legitimate disorder, is a factor in custody fights. Evidence can be presented in court about parental alienation to explain a child’s behaviors, their testimony, and to paint the parent alienating the child in a negative light. When making a determination about custody, the judge looks at the best interest of the child. When evidence is presented in court showing that one parent is alienating the child from their other parent, the judge would typically rule that it is not in the best interest of the child to remain in the care of a parent who is manipulating them. Malicious Parent SyndromeThis is when one parent seeks to punish the other parent by talking poorly about them and/or doing things to place the parent in a bad light, particularly in the eyes of their children. Another common term for this behavior is “parental alienation syndrome.” Malicious Parent Syndrome in Divorce CasesIt’s common knowledge how difficult and stressful the divorce process can be for all parties. It can especially be so for parents who are worried about how the experience will affect their relationship with their children. Many individuals going through a divorce show negative or destructive emotions against their spouses such as resentment, anger, rage, antagonism, and a desire to “get even” for the wrongs they feel they have endured. These emotions can lead to destructive behavior involving the use of their children in a legal war against their spouse regarding custody and divorce. When this behavior extends to actions designed to harm the other spouse’s relationship with the children or to harm their standing in the community, it is referred to a “malicious parent syndrome.” Malicious Parent Syndrome BehaviorMalicious parent syndrome is not a mental disorder that is recognized as an actual psychiatric condition by professionals. Instead, it is a label that came about from a psychologist who wished to describe a certain destructive pattern of behavior on the part of one parent towards the other during divorce proceedings. The behavior involved the parent behaving in a purposeful way that was vengeful toward the other parent, often extending to even breaking the law to further the goal of destroying the parent-child relationship and/or punishing of the other parent. The types of behavior that a malicious parent may engage in can include: • Denying phone access between the child and the other parent • Denying the other parent access or participation in the child’s school or extra-curricular events • Lying to the child about the other parent which involve accusations designed to sway the child against the other parent • Lying to other people about the other parent to denigrate his or her reputation or perception by them • Actually violating the law, such as refusing to obey a custody court order • Engaging in endless litigation to punish the other parent • In the most extreme cases, causing some kind of actual harm or deprivation to a child for which the other parent will be blamed • In other extreme cases, engaging in actions to damage the other parent’s property or causing him or her some type of physical harm These types of behaviors are an obvious violation against the child’s best interests, which is generally viewed by the courts and professionals as a continuing and meaningful relationship with both parents for optimum child development. Damaging a child’s relationship with a parent can cause obvious psychological harm to a child that can have long-lasting effects, even into adulthood. Finding Legal AssistanceIf you are feeling like your child’s well-being is threatened or abused in any way, finding the legal support you need to protect your loved ones is essential. There are many instances in which a child would be better cared for under guardianship of a father that can provide a safe and stable home environment as opposed to a mother who is not fulfilling her parental duties. It is your right as a father to spend time with your children and make sure they are protected. 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 What Do I Do If I Suspect Or Have Proof Of My Ex Putting My Child At Risk first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-do-i-do-if-i-suspect-or-have-proof-of-my-ex-putting-my-child-at-risk/ Are you wondering what a typical visitation schedule looks like? Especially if you’ve just recently learned that your request for sole custody, or even shared custody, has been denied by the courts, you probably want to know what your visitation options look like. Child Visitation Schedule OptionsIn many states, typical planned parent-child visitation accounts for approximately 20% of the total parenting time (which does not include time spent at school or in day care). While there’s no one-size-fits-all routine, a typical visitation schedule may include: Visitation ConsiderationsIt’s important to establish a regular visitation schedule that works well for your entire family. Especially if your children are young or your separation is fairly recent, your whole family will benefit from a predictable, consistent routine. Generally, it’s best to start with a modest schedule you can all agree on and build on it from there. For example, start with overnights every other weekend, combined with one mid-week evening visit. Then transition to an overnight midweek or tack an extra day onto the front or end of a weekend. It may feel outside your comfort zone initially, but it’s important for your kids to spend time with both parents. In fact, some states require parents to establish visitation schedules that allow both parents to enjoy approximately as much parenting time as they did before the separation or divorce. So if you both saw your kids daily before the break-up, it’s reasonable to think contact once or twice a week is difficult for everyone involved. Customizing the Visitation ScheduleConsider 20% a starting point. Many families make arrangements that allow for far more visitation time by including additional weekday visits or longer extended summer vacations with the non-custodial parent. If you live in different states, this can be especially difficult to arrange, but it’s worth the effort to create a visitation schedule that works for all of you in the long run. It may be hard to imagine your kids as teenagers, but that day will come—and when it does, you may be grateful that you made an investment early on in encouraging your ex’s relationship with your kids. Balancing Consistency and FlexibilityConsistency is important, but so is flexibility. Emergencies, last-minute schedule changes, and work-related issues will come up—guaranteed. As long as they don’t become the norm, try to give your ex as much flexibility as you would like him or her to give you. As much as you may consider it unthinkable at this point in time, chances are that you’ll one day be calling your ex with a last-minute request, too. Allowing one another a small degree of flexibility can go a long way toward helping you develop a more effective co-parenting relationship, as well. Putting It in WritingFinally, putting your plans in writing will help you stick to the routine. Work on developing a formal parenting plan with your ex and consider filing it with the state, as well. This will help you to establish standards concerning visitation schedules, pick-up, and drop-off routines, communication guidelines, and more. Choosing a time sharing schedule that works for you, your children, and your ex is one of the most important decisions you’ll make as a single parent. Sure, you can try the ever-popular “alternating weekend” option, but it may not be the best choice for your particular needs. Whether you’re drafting an initial parenting plan, or you’re trying to make sense of the schedule presented to you by the court, the sample calendars displayed here will help you better understand your kids’ visitation schedule options. 1. Alternating Weekends Routine This is probably the most popular child visitation schedule, especially for newly separated parents. It’s often a good option for situations in which the non-custodial parent works a typical 9 to 5 Monday through Friday schedule. But it’s not your only option! 2. Weeknight Plus Weekend Another version of this approach has the children coming to the non-custodial parent right after school, giving that parent the opportunity to help with homework or attend after-school activities. 3. Extending Weekends Through Monday This sample child visitation schedule resembles the alternating weekend plan but extends through Monday. In this case, alternating weekend visits would begin at 6:00 p.m. on Friday and end at 6:00 p.m. on Monday. Another option is simply to have the children stay through Sunday night and head to school the following morning. 4. Make it a Midweek Overnight 5. A Wider Range of Visitation Options 50/50 Custody: What Does It Look Like – And Which Is Best For Your Family?When going through a divorce, one of the biggest questions parents must answer is how they will be handling physical custody of their children. As a quick refresher of the different types of child custody, physical custody refers to with whom the child will be living and the parenting schedule they will be following. This is different than legal custody, which determines who will be responsible for making major decisions about the child’s upbringing, such as their medical care or religious education. If you and your co-parent have decided on shared or joint physical custody, you’ll still need to work together to determine which parenting schedule fits your family the best. 50/50 schedules are one of the most common forms of joint physical custody, but parents should not default to this arrangement without thinking critically about whether it’ll work for their situation. What To Ask Before Pursuing 50/50 CustodyFor many families, children having robust and healthy relationships with both parents is a top priority after a divorce. Some see the simplest way of achieving this goal as maintaining a 50/50 split in their parenting time. In order for it to be the best child custody arrangement, however, co-parents must be able to commit to the particulars of a 50/50 custody schedule. Distance between co-parentsDepending on which schedule parents choose, 50/50 custody can require frequent exchanges between parents. If co-parents live a few blocks or neighborhoods away from each other, those increased exchanges may not be an issue. But if significant distance separates co-parents, incorporating multiple exchanges per week may not be ideal. CommunicationFor 50/50 custody schedules that require more frequent exchanges, communication needs to be on point and conflict needs to be contained. Traffic jams happen, meetings run late, and if parents are unable to communicate productively and civilly with each other, these bumps in the road can turn into major issues. If you and your co-parent struggle to maintain peaceful communication, choose a 50/50 schedule with a minimum number of exchanges or consider choosing a different split in parenting time. Work and activity schedulesYou and your co-parent’s work schedules will play a big part in whether or not certain 50/50 custody schedules are feasible. But it’s not only your schedules that have an impact. Your children’s activity and extracurricular schedules must also be taken into account when formatting your parenting time. Common 50/50 custody schedulesNot all 50/50 custody schedules are created equal. Each has its pros and cons, so think about your own scheduling needs when determining which repeating pattern best fits your situation. To help get you started, here are 5 of the most common 50/50 custody schedule templates for you to consider. For ease of explanation, we’ll be referring to co-parents as Parent A and Parent B. Template #1: Alternating weeks Alternating weeks are one of the simplest 50/50 child custody schedules. In this pattern, one week is spent with Parent A while the following week is spent with Parent B. This keeps parenting exchanges to an absolute minimum while still allowing both parents to have robust relationships with their children. This schedule is best suited for older children who are better able to handle extended periods of time without seeing one of their parents. For younger children, having to wait a whole week before they see their other parent may sometimes be too long of a time interval. Template #2: Alternating weeks with a mid-week overnight For parents who want a simple schedule but do not wish to go a whole week without seeing their children, alternating weeks with a mid-week overnight can provide a happy compromise. For this schedule, parents include a single night of parenting time mid-week in their schedule. This mid-week exchange may not be suitable for parents who live long distances from each other. Children may also have a hard time settling in when they have a single night with one of their parents mid-week. Template #3: 2-2-3 In a 2-2-3 parenting schedule, children spend two nights with Parent A, two nights with parent B, and then three nights with Parent A. The schedule than proceeds with the opposite: two nights with Parent B, two nights with Parent A, and then three nights with Parent B. This schedule can be ideal for families with young children because it allows for more frequent contact between parents and their kids. However, this frequency comes with an increase in exchanges of which parents should be aware. Also, while the pattern of 2-2-3 is consistent, week by week parents will be alternating which days they have their children. For busy schedules with numerous activities and other events, not knowing immediately who will be with the children on any given Monday can make things a little more complicated. Template #4: 3-3-4-4 3-3-4-4 schedules allow for frequent contact between parents and children while providing greater stability week to week. For example, if the schedule begins on a Sunday, Parent A will always have Sunday through Tuesday. And Parent B will always have Wednesday through Friday. The only day that alternates back and forth between parents is Saturday. This can simplify scheduling as parents immediately know whether a future date falls in their or their co-parent’s parenting time. Template #5: 2-2-5-5 2-2-5-5 schedules are similar to 3-3-4-4 schedules in that they maintain greater consistency week to week. For example, if the schedule begins on a Sunday, the only days that alternate between parents are Thursday through Saturday. Parent A will always have Sunday and Monday, while Parent B will always have Tuesday and Wednesday. Schedules that provide this type of consistency can be easier for children as well, as it’s simpler for them to understand when they’ll be with either parent. Once You’ve Chosen Your Custody ScheduleWhichever parenting schedule you choose, make sure you document it in your co-parenting plan and track it on a calendar shared by both you and your co-parent. It’s also important to remember that the schedule that works for you now may not be the best solution as your children grow. Don’t be afraid to periodically reassess your scheduling needs and work with your co-parent to maintain a schedule ideal for your family. NOTE: Many state and federal laws use terms like ‘custody’ when referring to arrangements regarding parenting time and decision-making for a child. While this has been the case for many years, these are not the only terms currently used to refer to these topics. 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 What Do Common Time Sharing Arrangements Look Like first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-do-common-time-sharing-arrangements-look-like/ During your marriage, you and your ex most likely comingled funds and budgeted together. These are sound marital practices, but divorce puts you in a position that requires an in-depth review of the income, expenses, and assets that you and your ex brought to the marriage and forces you to make important decisions with lasting implications. Too often people underestimate just how complex these issues can be and how important it is to make the right choices. Your best plan of action is to be informed, take your time, think practically instead of emotionally, and consider the future when getting your divorce finances all in a line. That being said, we have compiled a list of the most common financial mistakes people make when divorcing, as well as tips on how you can avoid similar pitfalls. While this list may set your mind at ease some, it does not replace the advice of a qualified professional when it comes to unique circumstances of your case. You may still find it necessary to consult a financial expert to assist with your situation. Here are some financial mistakes to avoid when it comes to negotiating your divorce settlement. Becoming a Financial VictimThe biggest mistake divorcing spouses can make is being in the dark about finances. If your spouse has always handled all of the financial decisions in your household and you don’t have any information about you and your spouse’s income and assets, your spouse will have an unfair advantage over you when it comes time to settle the financial issues in your divorce. If you suspect your spouse is planning a divorce, get as much information as you can now. Make copies of important financial records such as account statements (e.g., savings, brokerage, and retirement) and all other data that relates to your marital lifestyle (e.g., checking accounts, charge card statements, tax returns). If you believe your spouse may liquidate (sell or transfer to cash) assets or retitle marital assets without your consent, notify the holder of the asset or property in writing and get a restraining order from the court. Watch out for any cash held in joint checking and brokerage accounts, and the cash value of life insurance policies. If your spouse uses or moves assets without your knowledge, you may have to hire legal and forensic accounting experts to help you locate and value the assets. Not Considering MediationIf you and your spouse can work together to reach a fair settlement on most or all of the issues in your divorce (e.g., child custody, child support, alimony, and property division), choosing mediation to resolve your divorce case may save thousands of dollars in legal fees and emotional aggravation. The mediation process involves a neutral third-party mediator (an experienced family law attorney trained in mediation) that meets with the divorcing couple and helps them reach an agreement on the issues in their divorce. Mediation is completely voluntary; the mediator will not act as a judge, or insist on any particular outcome or agreement. Mediation also provides divorcing couples a lot of flexibility, in terms of making their own decisions about what works best for their family, compared with the traditional adversarial legal process, which involves a court trial where a judge makes all the decisions. Mediation, however, is not appropriate for all couples. For example, if one spouse is hiding assets or income, and refuses to come clean, you may have to head to court where a judge can order your spouse to comply. Or, if one spouse is unwilling to compromise, mediation probably won’t work. Hiring a Combative Lawyer to Punish Your SpouseThis is a very bad idea for two reasons. First, except in extremely egregious cases, most courts won’t punish your spouse financially for being a bad person. Second, hiring an attorney to punish your spouse will cost you because your attorney will need to increase the number of hours spent on your case. Increased attorney hours means higher divorce costs, and higher divorce costs means there will be fewer assets and cash left for you and your family. Try to take the emotion out of your divorce, and treat your case as a business arrangement. The best revenge is to live well after the divorce is over. Failing to Recognize Your Common Enemy – the I.R.S.Work together with a divorce financial planner or tax accountant to minimize the total taxes you and your spouse will pay during separation and after divorce; you can share the money you save. Don’t forget that both spouses are liable for taxes due as a result of audits on joint returns, so it’s usually in your best interest to work together and minimize possible liabilities. If you’re facing complicated tax issues in your divorce, it’s best to consult with an experienced family law attorney and an accountant. Disregarding the Impact of Taxes in a Divorce SettlementIt’s important to remember that after the divorce is final, you may get taxed on the marital assets you received through your settlement. Say your spouse handles all the investments and offers to split them 50/50. Sounds good, right? The only way to know if you’re getting a fair deal is to determine the value of the investments on an after-tax basis, then decide if you like the deal. Again, you should speak with a tax professional about the impact of any proposed property division before you agree to it. Failure to Evaluate Settlement ProposalsIf you’re trying to decide whether your spouse’s proposed divorce settlement is fair and workable, you should try to figure out how the settlement will impact your finances in the years ahead. There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education. There are specialized divorce computer models that produce comprehensive and realistic analyses of your post-divorce lifestyle. You should speak with a local divorce attorney or financial planner that specializes in divorce for help analyzing any proposed financial settlement. Being Emotionally Attached to Assets in Divorce NegotiationsThe marital residence, the pension you earned, a painting purchased during your marriage – these assets often bring an emotionally charged debate to divorce negotiations, which can impair good decision-making. Often, divorcing spouses that are attached to the family home don’t realize that they can’t really afford. Yet, they fight tooth and nail to keep it, sometimes at the expense of retirement planning. However, the real estate market crash has made it abundantly clear that homes have a very low return on investment and, in some cases, have a negative return; many houses today are still underwater, and couples have had to walk away from their homes and the hard-earned money they invested. In addition, a home is a major cash expense (e.g., mortgage payments, property taxes, repairs, and utilities). Let go of any emotional attachments you may have. During your divorce and settlement negotiations, your main focus should always be on how to maximize your finances by making sure you’ll have enough cash for living expenses after your divorce and in retirement. Beware of Settlement Offers That Look Too GoodBoth spouses and children must make compromises in their life styles post-divorce. A settlement that does not give one spouse enough money to live on is likely to go into default in the future. Be fair, but verify the numbers. Get payments up front whenever possible, even if you get less in total. Try to secure all payments with assets and insurance. It may be worth speaking to a family law attorney who can review a settlement offer and make sure your rights are fully protected. Disregarding the Long Term Impact of InflationThe effects of inflation on the cost of a child’s college education, or on retirement, 15 years in the future can be dramatic. The “Rule of 72” is a simple way to judge the impact of inflation. For example, if the inflation rate is 3%, the “Rule of 72” means that prices will double in 24 years (72/3=24). College costs at 5% inflation will double in 14.4 years (72/5=14.4). Be sure to work inflation into your settlement negotiations so you can cover the true costs of future financial expenses. Failing to Consider Your Spouse’s Eligibility for Social Security BenefitsIf a couple is married for 10 years or longer, a non-working or lower-earning spouse is entitled to derivative social security benefits on the higher earning spouse’s (“worker spouse”) record. These derivative benefits do not impact or lower the worker spouse’s social security payments, which is why it’s so ironic that the average length of marriage for people who get divorced is about nine and a half years. Waiting just another six months may guarantee increased retirement options with no reduction in payments. Failure to Adequately Insure the Divorce SettlementYour ex-spouse’s premature death or disability can be devastating and may result in a loss of alimony, child support, college tuition, or property settlement payments. Life and disability insurance policies can guarantee that these payments will continue despite an unexpected loss or injury. Failure to Develop a Post-Divorce Financial PlanOne indisputable fact of divorce is that two households cost more to operate than one. Many divorcing spouses fail to realize that their divorce settlement must last a significant amount of time: perhaps even the rest of their lives. Financial planning can help people transition from a married to single lifestyle by prioritizing financial goals, developing realistic expectations, and producing sound plans for the assignment and division of financial resources. In most cases, if a debt was incurred during your marriage, it is a shared liability. Dividing the responsibility for marital debts is part of the divorce process, but debtors often do not abide by the arrangements you and your ex made. Unexpected debts like this could cause complications and unexpected stress in your divorce finances if you are unaware of your liability, or if your ex accepts responsibility yet fails to keep up. Let’s say you agree that your ex will be responsible for the credit card in both of your names but fails to make timely payments. The collection agencies could come after you and won’t simply forgive you because of a divorce settlement agreement. Tip: If possible, avoid the stress and reduce your risk of being harassed by debtors later by paying off all marital debts before the divorce becomes final. Not securing enough alimony or child support and failing to insure your alimonyMost people are unaware of just how hard it is to modify an alimony or child support order. You should make sure your alimony and child support terms are comprehensive and clearly stated in your court order or separation agreement, because it won’t be easy to modify later on. Additionally, if your ex cannot pay for alimony or child support then there will be nothing for you to collect. In the event your ex becomes disabled, deceased, or unemployed, you may be left without any support. You can request that your spouse obtain disability and life insurance policies (or modify an existing policy) to ensure you will continue to receive support in the event of any accident or drastic change in your ex’s circumstances, thus avoiding any impact to your post-divorce finances. Tip: It may be possible to negotiate the alimony and child support payments to include money to cover the costs of the life insurance policy. Choosing the wrong attorneyYour divorce is already a stressful and time-consuming process, especially when it comes to your divorce finances. If you can reduce the cost and burden on yourself it will greatly reduce your stress levels and better equip you for a stable future. An aggressive lawyer may frustrate your ex causing negotiations to turn sour or even hostile. Additionally, an attorney that instigates a fight runs the risk of squandering your share of the marital estate in unnecessary litigation costs and fees. Instead, find a lawyer that will advocate for your best interest in a professional way, and try to leave the emotion out of it. Tip: Mediation may be your best money-saver. If the relationship with your ex is amicable enough, you could save a lot of time and money by avoiding the court room altogether. Mediation usually involves a neutral third-party family law attorney assisting you in reaching an agreement that works for both parties. This process provides flexibility and efficiency over the traditional court route. There is certainly a lot to consider here, and it definitely can seem overwhelming. But if you take your time to become informed, consider all the circumstances with the knowledge of your current situation and an eye towards your future, you can avoid these divorce finance mistakes. Remember, try to act from a place of logic and consider finding trustworthy qualified financial professionals to get the best outcome. A house is more than another asset, it’s an intimate place with priceless emotional value. However, it is necessary to be realistic and protect yourself from future financial trouble when settling a divorce, and that means making tough decisions. If you cannot afford the family home then you may need to let it go. Homes often have a very low return on investment, sometimes even resulting in negative returns. If you ignore the numbers and attempt to hold on, you could find yourself struggling under the weight of the mortgage, maintenance, and property tax costs. Tip: Most mistakes made during a divorce stem from actions taken from an emotional perspective. It is hard to separate the emotional weight of your situation from the practical and logistical, but it must be done for your own benefit. Consider the financial decisions of your divorce in the same way you would handle business transactions, supported by numbers, facts, and solid calculations. Not knowing your ex’s work benefits and stock investmentsYour ex’s employer-funded pensions and investments are assets of value that you are entitled to a share of, even if payment does not occur until the employee spouse retires. You should familiarize yourself with all of your ex’s assets and any potential rights you may have regarding these benefits and other divorce finances. Defined benefit plans, 401(k) s, and company stock may all be subject to division between the employee spouse and the non-employee spouse. In most cases, you will need to consult an actuary to calculate the present value of these assets. Tip: Proceed with caution regarding risky investments and expected returns. Your ex may be attempting to convince you that a certain investment will yield a large enticing profit in an attempt to bargain for a different asset they would prefer to take in the division. In reality there may be no evidence to support your ex’s claimed return on investment. Consult a professional on the risks and potential for all investments before reaching a settlement. If it seems an offer is too good to be true, it very well may be. 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/what-are-the-most-common-financial-mistakes-made-during-divorce/ 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? 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 of a history of abuse or violence against the child, another child, the child’s other parent, or another romantic partner • A parent’s history of substance abuse, including drugs and alcohol • The amount and nature of contact between the child and each parent Although Family Code 3011 requires judges to consider the above factors, they may consider all relevant factors to decide whether a parent is fit to have custody. For example, the judge may order a 730 child custody evaluation to assist in their decision. Things that the evaluator may consider when preparing a report and recommendation for the court include: • How well a parent handles conflict with the child and between the child and other individuals • If a parent can understand and provide for a child’s needs • The parent’s level of involvement in the child’s life • A child’s feelings toward each parent • Whether a parent has a history of mental illness or instability • History of neglect or abandonment • Whether the parent obtains medical and dental care for the child • A parent’s ability to provide a safe, clean home, including adequate food and clothing for the child • Allegations of parental alienation by either parent Neither the court nor the evaluator has a presumption or preference for either parent. As stated above, custody is often granted jointly to both parents according to the child’s best interest. The court and the child custody evaluator objectively review the information and determine the child’s best interest based on a parent’s fitness to care for the child. 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. Other evidence that could be used to prove that a parent is unfit might include: • School and medical records • Police reports detailing domestic violence • Photographs and videos of the parent’s home • Details of home visits and inspections • Criminal records 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. Children feel the impact of divorce even in the most amicable situations. The process and outcome of determining custody, which is the rights and responsibilities of each parent in terms of child-rearing after separation, is easily the most impactful for children. In California, courts look at a variety of factors to determine custody and always keep a child’s best interest in mind. 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: • Religious activities, such as attending church, going to a synagogue, or attending prayer service at a mosque • Therapy needs to cope with divorce or other growing pains, including visiting a family therapist, child psychologist, or another mental health specialist • Medical and dental needs including taking a child to a pediatrician, dentist, orthodontist, or another healthcare provider • Participation in extracurricular activities such as sports, music lessons, school clubs, and summer camp • Travel whether with the other parent, with other family members, or with friends • Location the child calls home or the child’s primary place of residence 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: 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’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. 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 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 What Are The Factors That Courts Can Not Use To Decide Child Custody 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/what-are-the-factors-that-courts-can-not-use-to-decide-child-custody/ |
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