501c3 means that a particular nonprofit organization has been approved by the Internal Revenue Service as a tax-exempt, charitable organization. Charitable is broadly defined as being established for purposes that are religious, educational, charitable, scientific, literary, testing for public safety, fostering of national or international amateur sports, or prevention of cruelty to animals and children. A nonprofit organization with a tax-exempt status is not required to pay corporate tax on income that comes from activities that are sufficiently related to its purposes. There is a common misconception that a tax-exempt nonprofit organization is a 501c or 501c3 organization. In actuality, these letters and numbers refer to specific tax categories in the Internal Revenue Code. Whether it is incorporated or unincorporated, a nonprofit organization is not automatically entitled to federal or state tax exemption. In order to be exempt, the organization is required to meet certain requirements and apply for tax exemption with the IRS and the state. It can become a state nonprofit organization to be exempt from certain state taxes but choose not to become a federal nonprofit organization. Once a nonprofit organization is incorporated, it can apply for federal tax exemption with the IRS or the state. To be eligible for tax-exempt status, the nonprofit must belong to one of the 28 categories of nonprofit organizations, such as research, trade, and religious organizations. After becoming a nonprofit corporation, it may apply for federal tax exemption. The process involves obtaining a federal tax identification number and applying for 501c or tax-exempt status with the IRS. For instance, a trade association will be granted a 501c6 status, while a community recreation organization will receive a 501c4 designation. While a 501c organization does not have to pay taxes on certain kinds of income, it may not be granted a charitable status that enables its donors to write off taxes. The tax-exempt status of a 501c3 organization is granted by the IRS. Types of 501c3 OrganizationsThe federal tax code lists several different types of organizations that don’t have to pay income taxes. Here are some of the basic categories: • Anti-cruelty organizations for animals and children There may be separate forms for applying for federal or state tax-exempt status. Bylaws are separate and different from the articles of incorporation. The founding directors write the bylaws, which outline how the nonprofit runs, including the rights and responsibilities of officers and directors. Nonprofit organizations don’t have to file bylaws with the state, but they need to keep them in their files. The next step is usually to appoint a founding board of directors and to hold the first board meeting. After that, the board needs to follow up on obtaining all of the proper licenses and permits, and to open a bank account for the nonprofit’s funds. Requirements to Maintain 501c3 StatusThe government intends for nonprofit entities to remain nonprofit entities, so they set up some rules that tax-exempt organizations must obey in order to keep their tax-exempt status. Not knowing the rules isn’t an excuse for disobeying them. Those who try to blur or cross the line could end up with fines or face other legal consequences. Dissolving a Nonprofit OrganizationIt’s much easier to start a nonprofit than it is to dissolve it, and nonprofits must obey certain rules in dissolving their organizations. The intent is to dissuade people from starting nonprofit organizations, shutting them down after a time and keeping the profits for themselves. There are certain steps related to dissolving a nonprofit, and it’s best to gain the help of an attorney or tax professional. A nonprofit may only distribute assets to another tax-exempt organization. The board may vote to dissolve the organization, file dissolution papers with the state and the IRS, and select another nonprofit organization to which to transfer any assets. The board will need to pay all contractual obligations and debts before dissolving the nonprofit. If there aren’t enough assets to pay remaining debts, the nonprofit may need to file bankruptcy. The board could be held liable for not properly dissolving a tax-exempt organization. It’s important to remember that the government values nonprofit organizations for their commitment and sacrifice. The nonprofit savings in tax dollars are intended to serve the public in their communities, not to profit individuals or groups of individuals. The rules and regulations are designed with the intent that nonprofits will start out strong and enjoy long-term sustainability. Nonprofits that decide to close their doors for whatever reason don’t get to pocket any remaining funds. Organizations with 501c3 statuses span a wide variety of industries and service types. One of the main distinguishers of a public charity, at least according to the IRS, is that it isn’t a private foundation. There are many other things that they look for to approve companies for tax-exemption, and they place a heavy focus on revenue sources. The bulk of public nonprofit’s revenue must be provided by public donations or government entities, and one-third of the public donors must be composed of a broad range of backgrounds and classes. The IRS does allow that funds be obtained from individuals as well as companies, and it can also come from other types of charities. Individual donors can write off donations up to amounts that equal half of their yearly income while corporations can only deduct up to 10 percent of their income. There are many similarities between public and private nonprofit organizations, but there are specific differences that the IRS looks for when determining status. While most private organizations are run by families, the rules for a 501c3 charity demand that the majority of the company’s board members are not related. Private organizations aren’t known for their continuously active programs, which is another stipulation for public entities. While they may not technically be active, many private foundations fund the activities of public groups through the use of grants. However, their donor base is usually much smaller than their counterparts because they don’t face the same variety of restrictions. Donors also don’t receive the same deduction opportunities as the IRS limits the claims to 30 percent of their income. It’s not impossible for private foundations to earn 501c3 status, especially if they’re practices result in a hybrid organization, but they’re the smallest type of institution among tax codes. If they do in fact qualify, their donors are able to reap the same tax deduction benefits. Restrictions on Activities501c3 organizations face extensive restrictions that are much tougher than other 501c tax code categories. Some of these rules include: The IRS RuleThe IRS uses what is called a facts and circumstances test to help it determine whether an organization has violated the prohibition on political campaigning. This means that the IRS will evaluate any potential misconduct within the context of the organization’s other activities and the current political climate. So, an activity might be considered political campaigning two weeks before an election, but not two years before an election. Some activities that the IRS has found to violate the prohibition on political campaigning include: A 501(c)(3) organization can engage in the following activities without violating the IRS rule: Penalties For ViolationsIf the IRS believes that your organization may have violated the prohibition, it may send a letter or visit your organization for an on-site examination. Although the IRS has the power to revoke your tax-exempt status, it typically uses this punishment only in the most egregious cases. More likely, the IRS will ask your organization to correct the violation and implement procedures to make sure the violation will not occur again. If the organization’s funds were used to engage in the prohibited activity, the IRS may also impose excise taxes. 501c3 Law AttorneyWhen you need a lawyer to help you with a 501(c)(3) non-profit entity, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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What Bank Accounts Cannot Be Garnished? Grantsville Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/501-c-3-law/
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Grantsville is the second largest city in Tooele County and is noteworthy for both the number and excellence of its horses and cattle, which at one time were important means of bringing much wealth into the city. Large tracts of desert land still provide grazing in the winter for livestock, and majestic homes are still standing from the earlier period of prosperity. Located thirty-three miles southwest of Salt Lake City in Tooele Valley, Grantsville is bordered on the south by South Mountain, which divides Rush Valley from Tooele Valley; it is bordered on the west by the Stansbury Range, and to the north by Stansbury Island, both named for Captain Howard Stansbury, an early government surveyor. Across the valley floor east lies the Oquirrh Mountains. A popular grazing area for the herds of Salt Lake Valley stockmen, including Brigham Young, in 1848 the ground on which Grantsville now stands was occupied by a herd house. Thomas Ricks and Ira Willis were in charge at Twenty Wells; but when more permanent dwellings were built by the families of James McBride and Harrison Severe in October 1850, the site was named Willow Creek. Finally, the name was changed to Grantsville in honor of George D. Grant, leader of a military force sent to control hostile Native Americans. The city’s wide main street is bordered by tall, lovely trees; but her rural lanes once lined with Lombardy poplars are dying out now that the once-filled irrigation ditches have been replaced by sprinkling systems. The climate is mild; a very deep accumulation of snow is prevented because of its proximity to the Great Salt Lake. The average summer high temperature is in the 80s; the average summer low is in the 50s; the average winter high is in the 40s; and the average winter low is in the 20s. The average water year rainfall is 11 inches of precipitation. How Debt Is Split in DivorceThe splitting of shared assets is a priority, but what happens to debt in a divorce? The bills that are routinely handled during marriage can become a contentious issue when things dissolve. As part of the divorce judgment, the court divides the couple’s debts and assets, while deciding who is responsible for paying specific bills. Equality is the goal, but the division of assets could change that ratio. If a spouse is awarded more property, for example, that decision might be accompanied by more debt obligations for that spouse. Each state has its own laws for dividing debts and assets. Some states consider the assets and debts each spouse brought into the marriage. Other states consider everything to be owned equally. And, of course, a prenuptial agreement will influence any decision. Divorce Terms to KnowOne of the many things that makes divorce such a complicated and notoriously confusing business is the array of new terms, acronyms, and phrases tossed around throughout the process. Divorce has its own language, and it is important to be able to talk the talk with family lawyers, judges, collaborative divorce professionals, and clients. Here are ten divorce terms to jumpstart your journey to divorce literacy. 1. QDRO: A court ruling earmarking a portion of a person’s retirement or pension fund payments to be paid to his or her ex-spouse as part of a division of marital assets. A Qualified Domestic Relations Order (QDRO) is an order from the court that says how an employee’s retirement plan should be divided up between the employee and his or her ex-spouse. The QDRO should include how much to allocate to each spouse, when the non-employee spouse can start receiving benefits, and what happens when either party dies. The details of retirement plans can be incredibly tricky, so it’s important to have an attorney or experienced professional draft the QDRO. 5. Equitable Distribution State: A state where settlements divide property based on a number of considerations to achieve an equitable and fair distribution not necessarily an equal one. The remaining 42 states (those that are not community property states) have equitable distribution statutes. In these states, property is divided based on many factors, including the length of the marriage and differences in age, wealth, earning potential, and health of the partners involved. This forgoes the idea that settlements should always be 50/50 and attempts to create a fair post-divorce situation. Things to Think About: Divorce Lawsuits• Lawsuits are serious business, requiring plenty of time, energy, and money. Here are some things to consider if you are involved in litigation. Child Custody and Child Support In DivorceLike most states, the court makes decisions regarding child custody based on the best interests of the child. While joint custody will be considered in every case, the best interests of the child make the final determination. If one parent does not want custody, this does not automatically mean custody will be granted to the other parent, only that this factor will be taken into consideration when awarding custody. The following factors will be considered as well: • The physical needs of the child and how those needs will benefit from joint legal or physical custody; How Does Utah Calculate Child Support in Divorce?The court will consider each parent’s adjusted gross income from salary, bonuses, unemployment compensation, social security benefits, and other types of income like investments, retirement, trusts and even alimony from a previous marriage to calculate child support. The court will also consider the amount of time each parent will be spending with the child or children. Other factors may influence the court’s decision for awarding child support like the number of children, medical care, childcare and any special care needs. A table will determine the child support obligation based on an established formula by Utah. The established custodial parent will receive the court established child support from the non-custodial parent. Here are a few other child support-related factors that will be considered by the courts to determine financial support for your child(ren): 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!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Restraining Order Consequences What Is The Difference Between A Prospectus And An Offering Memorandum? What Bank Accounts Cannot Be Garnished? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/grantsville-utah-divorce-attorney/ Bank account garnishment means that a debt collector has successfully sued to have money taken out of your bank account. This happens if you haven’t repaid debts such as a medical bill or unpaid taxes. Your bank isn’t required to notify you of an account garnishment unless the withdrawal overdraws your balance. Depending on where you live, you may have certain rights and protections against having your bank account garnished. Bank account garnishment means that a collection agency is legally allowed to remove money from your account to repay an outstanding debt, and is usually a last resort that creditors turn to when debtors repeatedly ignore requests to pay back what they owe. Loan companies won’t take the costly legal steps required to garnish a debtor’s bank account unless their mailed notices and phone calls have failed to settle the debt. According to the law, a creditor needs to win a judgment in order to garnish your account. In other words, the lender must file a lawsuit, which requires an attorney to deliver notice to both the borrower and the court. To begin withdrawing funds from a debtor’s account, the creditor needs an order or writ of garnishment, signed by a court official. The Internal Revenue Service (IRS) is the only creditor that can garnish money from bank accounts without a judgment. Having your bank account garnished is different from having your wages garnished. A court-ordered wage garnishment requires your employer to withhold a certain amount of your paycheck and send it to your creditor. Since the deduction takes place before your paycheck is cashed, this means that your bank plays no role in a wage garnishment. In rare cases, it’s possible for creditors to garnish both your wages and your bank account at the same time. Bank Accounts That Cannot Be Garnished or FrozenIf an individual fails to pay back a loan or another extension of credit, then creditors may try to take back the debt forcibly. Creditors have a number of legal means of doing this. Among them is the garnishment of the individual’s wages and the freezing and seizure of his bank account. However, in some cases, money deposited in a bank account cannot be taken by legal force. Garnishment Versus Freezing a Bank AccountGarnishment is when an individual has some of his wages or other form of income seized before they can be given to him. This is done after the creditor has been awarded damages in a civil court and presented the debtor’s employer or other provider of income with a order of garnishment. The employer then stops the amount due to the creditor from each monthly wage check. An account is frozen in much the same way. Now, it’s the individual’s bank that is presented with an order to freeze the account and, sometimes, to let the creditor take out funds. Debtor Must Pass a Means TestSome bank accounts cannot be frozen, nor can some individuals have their wages garnished. In many states, to have a person’s wages garnished or to have his account frozen, the individual must first pass a means test. This will measure the size of the person’s income and assets. If the person does not make enough relative to his expenses, particular those related to the care of dependents, he may not be subject to garnishment or account freezing. Means tests vary by state. The court will apply the relevant means test before it makes an order for garnishment. What Can You Do When Your Account is Garnished?To lift the garnishment, you can try to contact the collection agency to negotiate alternative payment options. You may be able to lower interest payments, reduce the amount you owe, or make partial payments for a certain amount of time. However, you’ll have more bargaining power if you reach out to your creditor before a judgment is made. It’s in your best interest to prevent an account garnishment from happening in the first place. You can challenge the judgment in cases where the garnishment is made in error, is improperly executed, or presents a serious financial threat to you. If you decide to challenge the garnishment, seek help from an attorney and act quickly since you may only have up to five business days. If you can’t afford an attorney, search for legal aid offices that offer services for free or at a reduced rate. Filing for bankruptcy can stop a garnishment, but this should be considered as a last resort. When you declare bankruptcy, an injunction goes into effect that stops most collectors from calling, sending letters, or filing lawsuits and garnishments. The creditor filing the suit against you can ask the court to lift the injunction, but only under very special circumstances, but this doesn’t mean discharging your debt. You may still owe money after a bankruptcy. Here are some ways to avoid the freezing of your bank account funds: Know Your State’s Exemptions and Use Non-Exempt FundsEach state’s law provide for certain property or income which can’t be taken by creditors to satisfy unpaid debts. You should become familiar with the exemptions in your state so that you can protect your property before you have a problem and make sure that you use your non-exempt or unprotected deposits to pay bills before you deplete the deposits that are protected. If you keep a separate account for funds which you know qualify for a specific exemption from attachment, if an attachment occurs, it might be easier and quicker to have the account released to you if you can show that the account only contains funds which qualify for an exemption. If the funds are commingled or mixed with money that is not exempt, you will have to trace the deposits to prove to the court that the balance which was actually frozen came from the exempt funds. This is more complex and will take more time. If you owe money to the bank that holds your savings or checking accounts and you fall behind on your payments, the bank has the right to set off the funds in your account against the debt. As long as you owe the money to the same bank that holds your accounts, it does not need to get a judgment or court order to do this. It’s generally a good idea to keep your deposit accounts in a bank that you do not have a lending relationship with. While it is common to maintain your business bank accounts at a bank which provides you with business loans or lines of credit, you do not need to keep your personal accounts there. This way, if the business fails, you are less likely to have your personal funds taken to satisfy personal guarantees you might have given on the business loans. Bankruptcy Garnishment LawyerWhen you need legal help with a garnishment in Utah, please call Ascent Law LLC 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
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Top Asset Division Divorce Attorney Commercial Property Foreclosure Difference Between Real And Personal Property Restraining Order Consequences Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-bank-accounts-cannot-be-garnished/ Magna is a census-designated place (CDP) and township in Salt Lake County, Utah, United States. The population was 26,505 at the 2010 census, a moderate increase over the 2000 figure of 22,770. Settlement of the area began in 1851 shortly after the Mormon pioneers reached the Salt Lake Valley. Early farmers settled in 1868 at the base of the northern Oquirrh Mountains and called their community Pleasant Green. By 1900, there were about 20 families in the area. One of the first Pleasant Green pioneers was Abraham Coon, who established a livestock ranch and settlement called “Coonville” in a canyon mouth at about 5400 South. The canyon is now known as Coon Canyon, and Coon Creek flowing out of it, is one of the major Oquirrh Mountain drainages. Coon Creek flows north and west through Magna to the Great Salt Lake. The Pleasant Green Cemetery located in the Oquirrh foothills, at about 3500 South, was established in 1883. In 1890, in response to a law requiring all children to receive free public education, the first school was built in the community. The process for Magna to become a township took over 10 years. Growth and development continue to define Magna. The west bench plan will have a major impact on the future of Magna. Kennecott Land plans major development in the areas immediately surrounding Magna. The area west of Magna along I-80 is currently slated to become one of 2 major “urban centers” for Kennecott Land’s west bench development plan. The Historic Main Street underwent a major remodel in 2006. Main Street has also become a popular location for film makers. Including the Disney Corporation and films such as Disney Channel’s TV movie, Dadnapped, and some of the Halloweentown movies filmed on Magna Main Street. According to the United States Census Bureau, the CDP has a total area of 7.4 square miles (19 km2), all of it land. The community lies just to the northeast of the Oquirrh Mountains and is directly south of the Great Salt Lake. How Does Adultery Affect A Divorce?Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs. Understanding the Types of Divorce in UtahEvery state, including Utah, offers the option of a “no-fault” divorce, which allows one spouse to file for divorce without proving that the other spouse is to blame for the insolvency of the marriage. The Utah Courts will accept that the couple has “irreconcilable differences” or that their relationship has suffered an “irremediable breakdown” as a valid purpose for filing a divorce petition. Depending on your unique personal circumstances, the difficulty may come in the form of divorce that follows the petition. In the State of Utah, there are three types of divorce: Uncontested Divorce in Magna, UtahA contested divorce is a complicated approach to dissolving a marriage whereby the spouses disagree on the terms of their divorce, stalling its finalization. Residency and Filing RequirementsIn order to file for a divorce in Utah, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The court may decree dissolution of the marriage contract between the petitioner and respondent where the petitioner or respondent has been an actual and bona fide resident for 3 months of this state and of the county where the action is brought. This also applies to members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders. Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may be just and equitable. The 90-day period shall not apply in any case where both parties have completed the mandatory educational course for divorcing parents. Grounds for FilingThe Petition for Divorce must declare the appropriate Utah grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows: The court may decree dissolution of the marriage according the following grounds: d) Willful neglect of the respondent to provide for the petitioner the common necessaries of life; Property DistributionSince Utah is an “equitable distribution” state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. All of the spouses’ marital property is divided equitably upon divorce. The court will examine each case on an individual basis and determined an appropriate property award based on what is fair to each spouse. Neither spouse is personally liable for the separate debts, obligations, or liabilities of the other: Spousal Support In Magna UtahNot all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion. When the parties cannot come to an agreement, the court shall consider at least the following factors in determining alimony: Magna Utah Child CustodyWhen minor children are involved in a divorce, the Utah courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion. In determining whether the best interest of a child will be served by ordering physical custody, the court shall consider the following factors: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Should I Stop Paying My Credit Cards Before Bankruptcy? Apartment Building Investor Attorney Residential Property Foreclosure Restraining Order Consequences Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/magna-utah-divorce-attorney/ A restraining order is a document issued by a court that prevents one party from contacting or communicating with another party or parties. Courts issue restraining orders when one party credibly alleges that another has engaged in domestic abuse, violence, or stalking, or has threatened to commit these acts. Consequences of violating a restraining order include being held in contempt of court; losing child custody or visitation rights; jail time and/or monetary fines; and money damages. A court typically issues a restraining order to prevent physical harm to a person. Physical harm includes stalking, assault, domestic violence, and domestic abuse. A court may also issue a restraining order to prevent emotional harm or distress. A restraining order may include terms that require the restrained party from: In some instances, a court may issue an order to prevent financial harm. Such restraining orders may require a party, such as a debt collector, from engaging in financial harassment. Such orders may also require a party to refrain from specific financial activity that will harm the party who obtained the order. In appropriate cases, restraining orders can be issued to protect more than one person. If, for example, an individual has made threats against an individual and that individual’s family, a court may issue a restraining order protecting the entire family from being contacted by the restrained individual. A business entity can ask the court to issue a restraining order against another business or individual, if the other business or individual has threatened or engaged in illegal activity affecting the business entity. A person or entity that violates a restraining order will be held in contempt of court for violating that order. Contempt of court can be punished by monetary fines, imprisonment, or both. Violation of a restraining order carries civil penalties, including fines. Violation of an order also may prompt a court to issue a mandatory injunction. A mandatory injunction is a court order requiring a person or entity to take a specific action. For example, if an individual has obtained a restraining order against a factory prohibiting the factory from engaging in pollution, a court may take action, the court may require the factory to remediate the pollution by, for example, ordering that the factory properly dispose of waste. An individual who violates a restraining order may be sued by a victim in civil court. The court may require the violator to pay monetary damages for emotional pain and suffering. The court may order a violator who engages in physical harm, to pay for doctor bills, pharmacy bills, and other expenses resulting from that harm. If the violation consists of physical abuse, a court may order revocation of the violator’s child custody and visitation rights, especially if the physical abuse is committed in the presence of the violator’s child or children. Violation of a restraining order may also result in criminal penalties. The amount of prison time and/or monetary fine depends upon the severity of the violation. For example, a person who intentionally violates a restraining order by approaching the protected individual with a gun may be charged with a felony. Violation of a restraining order that is otherwise punishable as a misdemeanor, may be punished as a felony if the violation is a second, third, or other additional offense. What Should a Victim Do if a Restraining Order is Violated?Step One – call the police. Restraining orders cannot be effectively enforced if their violation is not brought to the attention of the authorities. Therefore, victims should promptly report all violations to law enforcement officials. If the police issue a police report, the victim should obtain a copy. If you have been accused of violating a restraining order, or your restraining order is being violated, you should contact a criminal defense attorney or a family law attorney. An experienced criminal lawyer near you can represent your rights if you have been accused of violating a restraining order. If your own restraining order has been violated, an experienced family law attorney near you can assist you with taking appropriate legal action, including the filing of a contempt of court order, and/or initiating civil litigation. A court date will be set and you will appear before a judge. You will have the opportunity to explain your situation to the judge. You will usually appear before a judge without the abuser being present. When you return for your second appearance in court, on the date indicated in your order, the abuser has a right to be present. Both you and the abuser will have the opportunity to tell the judge what happened between you. You are allowed to bring a lawyer to this hearing, but it is purely your choice. At the end of this hearing, the judge will determine if you should receive a final order, for how long, and under what conditions. If the abuser does not appear at the hearing, the judge will either continue the temporary order in effect until the abuser can be brought into court, or will enter a final order if there is proof that the abuser was served with the T.R.O./Notice to Appear. The sheriff or police should have proof of service. You cannot be asked or told to serve papers on the abuser. If you don’t appear and have not made arrangements with the court to reschedule the case, someone from the court will attempt to contact you by phone at home or at work, or they may send you a certified letter if you have no phone. The courts take domestic violence very seriously and will be worried about your safety if you do not call. If they cannot find you, your restraining order may be dismissed and you will no longer have the protection granted in the order. What Happens After CourtThe court will give you a copy of the order. Be sure to ask someone before you leave the court if there is anything you don’t understand. Carry it with you at all times. If the abuser does not obey the order, call the police. The police have to arrest an abuser who violates any part of the order that protects you from threats or violence. You have the right to police protection. If you carry your order with you at all times, it will be easier for the police to understand your current situation. If you lose your order, or it gets destroyed, return to the court and obtain another copy. To know what proof you need for a restraining order, it helps to understand what a restraining order does. It’s a way to stop someone from engaging in threatening behavior. In serious cases, the only way to stop the behavior is to order the offender to stay a certain distance from the victim. But it can also target specific things like contacting the victim’s friends or family, phone calls after certain times, or other unwanted behaviors. But before a court will do that, you have to prove that there is some danger to you. Most courts won’t order a behavior to stop unless there’s proof that it’s happening. How To File A Restraining OrderDeciding to seek protection from someone who may wish you or your family harm can be frightening and isolating. The first step in protecting yourself from an aggressor, whether from domestic abuse, harassment, stalking, or threats, is a restraining order. Georgia has a relatively straightforward civil process to obtain a protective or restraining order. Throughout this process, by showing that the defendant means you harm, you must demonstrate the necessity of the restraining order to a judge. The more proof that you have of abuse, harassment, or harmful intentions, the better your chances of obtaining a restraining order are. Several different behaviors may constitute legal grounds for a restraining order. Getting a restraining order may be one of the procedures requested during a divorce case. If your health, well-being, or livelihood is at jeopardy because of another person, ask your lawyer about filing for a temporary protective order. Stalking How To Get An Order Of Protection DismissedIt is possible to drop an order of protection once it has started in particular circumstances. However, the judge (or a different judge) needs to perform an evaluation of the current situation. In some circumstances where the order of protection has been filed is because of improper reasons. When this is explained to the judge, he or she may decide to quickly drop the outstanding order. Reversing the order when a spouse or partner either regrets or thinks the order of protection has been applied for the wrong reasons, it may require more work to reverse the order than it is when then the order was originally issued. A partner or spouse may call a judge through the appropriate means is there is a need for direct distance between the individuals. As long as there is reasonable evidence, this is usually granted and may require a complete order or one that prevents the other party from having contact. Dropping The Protection OrderIf there are no criminal charge claims the courts have aimed at the target of the order, the process is simpler and there is room for possibly dropping the order. However, when the situation solely involved the domestic relations courts, dropping the order is far less difficult. The petition order may be dropped if the parties can agree to file a dismissal. Furthermore, if the parties fail to show for a hearing, the petition loses its validity. In the absence of a prosecuting lawyer whose job is to pursue the case – there is no need to maintain the protection order if there is no interest from either party in keeping the order active. It is vitally important to hire a lawyer who knows what can be done so the order of protection may be dropped. Although the person has to initially file a dismissal, the other party may be a no-show for the hearing. A lawyer can also offer many helpful ways forward and explain how to proceed depending on the actions of the party that is protected. How Do I Drop a Restraining Order?When the person that had the restraining order issued needs to drop it for various reasons, he or she may need to research how to do so or contact a lawyer for assistance in this matter. Once the judge has the order in place, it may depend on other circumstances such as domestic violence charges issued to the other party before there is the possibility of the order dropping. The court’s permission is necessary to drop a restraining order, and the party needing to drop it must remain present in the courtroom before a judge. Even if the person that caused the circumstances to seek a restraining order lives with the protected party again does not mean the order will automatically drop. It is important that the protected party seeks to drop the order before any living or contact arrangements resume between the protected and target of the order. Otherwise, legal penalties and punishments may issue against the target of the order. It is also important to know the process according to the state where the person lives. Preparations for dropping a restraining order depend greatly on which party is seeking to drop the order. If this is the target of the order, he or she may need to provide proof that no evidence truly exists that necessitated the restraining order, or he or she may need to explain how the possible violent activity will not occur again in the future such as through counseling or anger management programs. If the protected person seeks to drop the order, he or she may need to explain to the courts how the circumstances no longer exist. A reconciliation of the relationship due to issues such as counseling or programs may provide the judge with the information he or she needs to drop the order properly. To pursue dropping a restraining order for whatever reason, it is important to have a lawyer on hand. Losing the restraining order removes the ability to have any violator from an arrest or violations held in court against the person. This could lead to further possible domestic or violent issues. This might also necessitate the dropping and dismissal of all criminal complaints against the other party for the event that caused the order’s issuance. This is often a necessary step when explaining before a judge why a restraining order is no longer needed. The protected person will usually discuss the matter with the lawyer first before progressing to the courtroom. Any possible doubts about lifting the restraining order may dissolve when talking with the lawyer. Meeting with legal representation may provide the information necessary to proceed to the next step. However, the legal professional will also discuss why keeping the order in place would benefit the individual. If the event that caused the issuance involved violence, abuse or an attack, lifting the order usually also lifts any protection against an attack or in law enforcement immediately arresting the person that causes the problem. The lawyer will discuss these matters fully before recommending what to do next to lift the restraining order. State Requirements for Dropping the OrderSome states require the person that sought the order to meet with a state worker. In situations where the person wants to drop the restraining order, he or she may need to talk with the state employee tasked with the issue. Some states have the person discuss the reasons to drop it, counseling for victims and meetings if children are part of the greater issue. The primary concern with someone seeking to drop an order is that the individual may suffer from coercion or duress from the other party. Then, some states have certain forms that are different than in other states. Some require a motion to dismiss or dissolve the restraining order. The details of the forms may require certain names, dates and reasons for the dissolution of the restraining order. The motion requires notarization generally. Some may need a signature before a notary as well. Several copies are necessary, and the court clerk files the paperwork. 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!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Is An Investment Memorandum? Probate A Will Without A Lawyer Should I Stop Paying My Credit Cards Before Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/restraining-order-consequences/ Typically it begins by identifying the father, often called establishing paternity. Once we know who the father is, a child support order is established and the child support agency can begin collecting and enforcing the child support order. • Enforce the Child Support Order: The most successful way to collect child support is by direct withholding from the obligated parent’s paycheck. Most child support orders require the employer to withhold the money that is ordered for child support, and send it to the state child support office. Your child support office can tell you about this procedure. At any of these steps, the child support office may need to know where the noncustodial parent lives or where he or she works. When a parent’s whereabouts are not known, it is usually possible for the child support office to find him or her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or the employer. There are several ways we collect and enforce child support: What does the child support program do?State and tribal child support programs locate non-custodial parents, establish paternity, establish and enforce support orders, modify orders when appropriate, collect and distribute child support payments, and refer parents to other services. While programs vary from state to state, their services are available to all parents who need them. Roles Of The State And Federal Child Support ProgramsState, tribal and local child support offices provide day to day operation of the program. They manage the child support caseload. The federal role is to provide funding, issue policy, ensure that federal requirements are met, and interact with other federal agencies that help support the child support program. How to Calculate Child SupportEach state has different formulas that they use in determining how to calculate child support. There are some considerations common to all states, however, and the following questions will help explain how a court will calculate your or your spouse’s child support responsibilities. Child support is formulated at the state level, but some federal guidelines exist under the Child Support Enforcement Act. Because each state sets up its own child support system, there is considerable variation between states in how they calculate child support. However, most states evaluate the following criteria at a minimum: How Can Custody Arrangements Impact Child Support Obligations?Child support obligations depend on whether one party has sole custody or whether both parents are awarded joint custody. When one party has sole custody, the other party must typically pay child support, whereas the party with custody is meeting their obligation through the support itself. When joint custody is awarded, support obligations are based on how much each party earns and the percentage of time the child spends with each party. Do courts consider loan payments and taxes when establishing someone’s ability to pay child support?In general, when establishing someone’s ability to pay, courts take a parent’s gross income and subtract out any mandatory deductions, arriving at a “net income”. Typical mandatory deductions include things like Social Security and income taxes, whereas things such as loan payments are not considered mandatory. Some courts will consider loan payments and their basis when determining a parent’s ability to pay, but that is entirely within the courts’ discretion. The rationale is that it is more important to pay for your child’s support than to pay back that loan you took out to repair your bathroom. Another typical mandatory expense in many states is existing child support obligations. If you’re already paying child support, it’s likely you can get this included as a mandatory deduction. Finally, courts will often consider the paying parent’s basic necessities such as food, clothing and shelter when determining how much they can afford to pay. Do Courts Evaluate How Much I Can Earn Versus What I Do Earn?Many states allow a judge to consider what you could earn versus what you actually earn when determining how to calculate child support amounts. The rationale is that a parent should not be able to avoid supporting his or her child by taking a “lesser” paying job and that the child’s needs are always paramount. For example, if you left a good paying job to go to law school, a court may establish your payments based on your old job, even if you make less coming out of law school. It may seem unfair, but the primary principle among family courts is that the child’s future is more important than a parent’s desires or dreams. If you and the child’s other parent agree, you can change it, but even agreed-upon modifications must be approved by a judge. If the other parent doesn’t agree, you can request a court to hold a hearing, where you can lay out your justification for altering the existing child support arrangement. To discourage constant modifications and court hearings, a court will typically not modify an agreement unless a party can show a change in circumstances. Typical changes that can result in modifications to a child support order include: Cost Of Living Adjustment Clause (COLA)A COLA clause adjusts the amount of child support against some economic indicator (e.g., the Consumer Price Index) to reflect increased costs of living over time. Most judges will include this in their order to eliminate the need for future court hearings to increase child support as costs of living increase. Financial matters can be tricky, especially when they involve your child and your paycheck. The laws of each state are different and the formula used for calculating child support can be confusing. Having legal representation can make the process more transparent and less stressful. Speak with an experienced family law attorney in your area about your child support claim. 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
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Will Chapter 7 Take My Savings? Hotel Owners Liability For Meth Foreclosure Lawyer Farmington Utah Should I Stop Paying My Credit Cards Before Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-to-get-child-support/ If you can’t afford your credit card payments, bankruptcy might be a good option. Filing for bankruptcy is not a decision to take lightly. But once you’ve decided to move forward, paying certain debts such as credit cards is a waste of money. Whether it’s time to stop making payments will depend on: Find out about these and other considerations. When contemplating bankruptcy, the first thing to consider is whether you can afford to pay off your credit cards. Why? Because if you make enough money to do so, you probably won’t qualify for Chapter 7 bankruptcy. If you have a lot of disposable income, the court will likely make you pay some or all of your credit card debt through a Chapter 13 repayment plan. Next, before you stop paying your credit card debt, you’ll want to be sure that you qualify for bankruptcy. Once you stop, fees add up quickly, and if you don’t file, it might be hard to bring your accounts current. So you’ll want to confirm that you pass the Chapter 7 means test—the test required to qualify for Chapter 7. Or you’ll need to have enough income to support a Chapter 13 repayment plan. If you stop making payments on your credit cards, you’ll typically begin receiving numerous calls from the credit card company or its agents. The more delinquent you are, the more frequent and harassing the calls will become. For most people, the constant harassment from debt collectors leads them to consider bankruptcy relief. Depending on your assets and the amount of debt you owe, the credit card company (or a debt collection agency) could decide to bring a lawsuit to collect its debt. If the credit card company obtains a money judgment against you, it will be able to garnish your wages or go after your assets to satisfy the debt. If you’re facing a lawsuit or the credit card company isn’t willing to work with you, it might be time to consider your bankruptcy options. In both Chapter 7 and Chapter 13 bankruptcy, a debtor can protect or “exempt” property using bankruptcy exemptions. Bankruptcy exemptions vary from state to state. Also, what happens to “non-exempt” property that isn’t protected will depend on the bankruptcy chapter you file. So you’ll want to review your state’s exemption laws and consider the bankruptcy chapter. How Bankruptcy Works In UtahIn Chapter 7 bankruptcy, the bankruptcy trustee will sell your non-exempt assets and use the funds to pay back your creditors. If you own a lot of property that you can’t protect with a bankruptcy exemption, filing for Chapter 7 bankruptcy might not be in your best interest. By contrast, if you file for Chapter 13 bankruptcy, you can keep all of your property. But you’ll have to pay your unsecured creditors (like credit card companies) an amount equal to the value of your non-exempt assets. The good news is that you don’t have to pay it all at once. You’ll pay it over three to five years, depending on the length of your repayment plan. In most cases, if you’re qualified to file for bankruptcy, making credit card payments is like throwing money down the drain. But if you’re still undecided or might not file your case for a long time, stopping your credit card payments can cause unnecessary damage. If you are planning on filing for bankruptcy, it might make sense to stop paying certain creditors. If you are about to file for bankruptcy relief, continuing to pay certain creditors is likely a waste of money. Plus many filers stop paying their debts and use the funds to pay a bankruptcy attorney a practice that is fine with the courts. Whether you should stop paying your creditors will depend on: Types of Bankruptcy DebtBankruptcy doesn’t cancel all debt. You’ll also have to pay some obligations, called “secured debt,” if you want to keep the property that serves as collateral, such as a home or car. What Bills Should Stop Paying Before Filing?If your credit situation has deteriorated to the point where you’re considering filing for bankruptcy, then you have a few more choices to make. One of the most important ones is whether or not you will file under Chapter 13 or Chapter 7. For those who have a great deal of unsecured debt like medical expenses or credit card bills, Chapter 7 will likely be the best choice. For those who have a lot of secured debt (mortgage payments or car loans) Chapter 13 provides the better option. In some situations, even those who qualify under Chapter 7 may consider Chapter 13. This is because you won’t take as much of a hit on your credit report, but the repayment plan has to make financial sense. Credit Card BillsOne of the things that some debtors do is maintain payments on one credit card while allowing other debts to go into default because they want to keep that credit card after bankruptcy. But the reality is once the debtor files bankruptcy, they can kiss their credit card account goodbye. The credit card company will close out the account and mark it as discharged in bankruptcy. This is true regardless of whether or not you file under Chapter 7 or Chapter 13. Chapter 7, of course, discharges credit card debt against assets that the bankruptcy trustee can liquidate. Chapter 13 involves a repayment plan. But certain debts are prioritized over others and unsecured debts tend to be prioritized the lowest. Even if you do end up having to repay some of your unsecured debt, it doesn’t make sense for you to continue making payments on it outside of the Chapter 13 plan. Either way, you should stop paying credit cards before filing bankruptcy. Medical ExpensesMedical expenses are considered unsecured debt. If you’re being harried by a creditor who represents a hospital and have been making payments on this debt, you should stop if you’re considering bankruptcy. Don’t feel bad. More Americans are driven into bankruptcy by medical debt than by any other kind of debt that you can think of. They end up with exorbitant bills because they got into a car accident with an underinsured driver and have missed work for an extended period of time. It’s horrible luck and it isn’t your fault. Bankruptcy will give you a fresh start. House or Car BillsIf you know you’re going to file bankruptcy and that you’re not going to keep your house or car, stop paying on them. Once again, it makes no sense to waste your cash on making payments on something you don’t plan to use after bankruptcy anyway. Many debtors feel guilty about discontinuing payments even if they are going to file bankruptcy; but there is nothing immoral or unethical about discontinuing payments. Remember, this is debt forgiveness; it is okay to walk away. The mortgage company and finance company will write off their debts. Bankruptcy stops your creditors from taking these actions so you do have some wiggle room here. Additionally, it prevents unsecured creditors from turning your debt into secured debt by placing a lien on your real estate property. So, if you know you’re going to lose the house or car anyway, then by all means, stop making payments. If you want to keep these, then you’ll have to figure out a way to roll this debt into your Chapter 13 repayment plan. Utility BillsIf you’re filing for bankruptcy, you may want to stop paying your utility bills only if they are already delinquent. And in that case you may only want to pay for your current usage if you’re at risk of a disconnection. Once you file bankruptcy, your gas, electric and Water Company will not be able to disconnect your service for non-payment of bills prior to your bankruptcy. However, if you file bankruptcy and fail to pay your utility bill for usage after you file bankruptcy, you can lose services. Utilities such as cable television and internet service are not governed by these rules. After filing bankruptcy on your cable television or internet service bills, it is possible that those services may be cut off for non-payment. In that case you may just search for another service provider. Federal Student LoansFederal student loans play by their own rules and can’t be discharged in bankruptcy. You should continue to make payments on these if you can. On the other hand, filing for bankruptcy will temporarily stop creditor actions against you. This, however, won’t last. You can, logistically, roll your student loan payments into your Chapter 13 bankruptcy. You will not have to repay your entire student loan within your three or five-year plan. Never fear, your student loan debt will still be there once you’ve completed your Chapter 13 or had your other debt discharged in Chapter 7. There are some cases in which you can appeal to a bankruptcy judge for a hardship exemption. For instance, if you have an ongoing debilitating ailment you may be able to get your student debt expunged. The burden of proof, however, is on you to show cause. Loan forgiveness is not granted easily. Back Taxes, Child Support, & Spousal SupportMuch like student loans, none of the above can be discharged in bankruptcy. You may be able to arrange something with the IRS when it comes to a repayment plan, but there’s simply no way around paying child support or spousal support. Each of these can, however, be rolled into a Chapter 13 repayment plan. They are given precedence over other kinds of debt. That does, however, mean that you can discharge them through Chapter 13. It simply means they are considered in the Chapter 13 repayment plan. It’s important to understand that you don’t have to be late on credit card payments to file bankruptcy. But at the same time, if you are really facing a hardship and are struggling to make ends meet each month then it is absolutely ok to fall behind on payments before filing bankruptcy. If you are struggling to pay your bills every month, then filing for bankruptcy may be a good option to help you. If you have judgments against you, or creditors harassing you, filing a Chapter 7 bankruptcy can help you by eliminating your debts. If you don’t qualify for a Chapter 7 bankruptcy, then you may need to look into filing a Chapter 13 bankruptcy instead. Most people use bankruptcy as a last resort. Most people who are thinking about filing for bankruptcy are worried that if they fall behind on their credit cards before filing their case, their credit will be ruined forever. Falling behind on your credit cards right before filing bankruptcy really won’t have much of an impact on your credit score. Bankruptcy is a tool that people use when they can’t make ends meet. If you are able to pay your creditors each month without facing any hardship, then you’re probably not a good candidate for bankruptcy relief. However, if can’t pay all of your bills, you shouldn’t have to decide whether you should pay your visa credit card or buy groceries for your family. Instead of making monthly payments towards your credit cards use you’re hard earned money for necessities such as rent, food, transportation. You’ll need those things no matter what and using your credit card to pay for them just has you repeating the same cycle next month. File Bankruptcy On Your Credit Cards LawyerIf you are getting ready to file for bankruptcy, please call Ascent Law LLC 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
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Will Chapter 7 Take My Savings? Restricted And Prohibited Weapons Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/should-i-stop-paying-my-credit-cards-before-bankruptcy/ Tooele City is located thirty-two miles southwest of Salt Lake City at the western base of the Oquirrh Mountains, which form the eastern border of the city. To the west lies the Stansbury Range; to the north twelve miles is the Great Salt Lake; and on the south, a low divide, Stockton Pass, separates Tooele from Rush Valley. Tooele is the county’s largest city, and took its name from the valley, which Captain Howard Stansbury spelled “tuilla” on his surveying maps in 1849-50. The name possibly originates from Indians known to early pioneers as “Tooelians,” who lived in the area, although others claim it comes from the Spanish word for a bulrush plant found in the area. As early as 1847, Tooele Valley, known for its waist-high grass, was used for grazing by herders from other valleys. The guiding force for permanent settlement in 1849 was Ezra Taft Benson, who had two groups in his employ, one caring for his livestock, the other instructed to build a sawmill and gristmill on Big Creek (Settlement) Canyon. When Tooele was incorporated on 19 June 1853 the city covered nine square miles. The U.S. government in 1943 purchased 25,000 acres of land five miles south of the city. With the construction of an ordnance depot, which became the Army’s largest supply center in the West, the city expanded to 12.3 square miles; by 1990 Tooele could claim a population of 13,825. The depot is Tooele’s largest employer; but enough workers commute from and shop in the Salt Lake Valley that Tooele could be called a bedroom community of Salt Lake City. However, in 1993 the future of the depot became clouded as it was included on a Defense Department list of bases to be closed. Agricultural expansion of the principal crops–grain, alfalfa and barley–was the result of the completion of the Settlement Canyon Dam in 1966 with a l,166-acre-feet capacity. To the west, grazing on Tooele’s western desert provides winter forage for thousands of sheep and cattle. Historically, mining has been important in Tooele, where a smelter operated from 1909 to 1972. Some Tooele residents commute to Mercur, an old mining town that was revived in 1983 and today is Utah’s primary source of gold. But both agriculture and mining are of less importance today than they were formerly. Mormons have predominated in Tooele. The city’s first mayor, John Rowberry, was also the presiding Mormon. From two wards, Tooele has grown to support eighteen wards and three LDS stakes. A Methodist church was built in 1873, a Catholic Church, St. Marguerite’s, in 1910. Other congregations found in the city are the Baptists, Episcopalians, Lutherans, Jehovah’s Witnesses, members of the Christian Faith Church, and members of the Assembly of God Church. Five parks are found in the city, one with a municipal swimming pool. A wartime housing project was demolished to make room for a nine-hole golf course. Along with a public library, the city contains four motels and four banks. From a business district of small shops, Tooele City has grown to include a large discount department center and a large grocery/drug store complex. A museum is housed in the old Tooele Valley Railroad Depot, and another, operated by the Daughters of Utah Pioneers, is located on Vine Street in the old Tooele City Hall. Because of the impact of the military on school enrollment, in 1943 a junior high school was built with money provided by the United States Defense Public Works; and a new Tooele high school was built in 1955. Three elementary schools were also built as a result of increased enrollment and a school (later closed) in the housing area of Tooele Army Depot. The oldest continuous business in Tooele City is the Tooele Transcript (Bulletin) newspaper, founded in 1894. Divorce Process In Tooele, UtahIf, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties must participate in a good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes place. The parties must use a mediator recognized by the court as qualified to mediate domestic disputes. Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties. Either party may be excused from the requirement to mediate if they show the court, director of dispute resolution programs for the courts, or the mediator good cause. Residency Requirements Division of PropertyUtah law provides for the “equitable” (which is essentially synonymous with “fair” and “impartial”) distribution of the marital property of the marriage at the time of the final divorce between the parties. “Marital Property” is not defined in the Utah Code for divorce purposes. “Separate property” is defined for probate purposes in the Utah Uniform Probate Code at §75-2-208. Property is separate property if: Pros of Collaborative Divorce1. The process is generally confidential, whereas the court process requires the court to keep a public record and conduct hearings and trials in open court, except in limited circumstances, in which the judge allows for sealing a file or closing the courtroom doors. Cons of Collaborative Divorce1. If the process does not work, i.e., you and your spouse cannot reach an agreement, most collaborative divorce contracts require that you hire new attorneys for a court process – that is, you end up paying more for lawyers when one party does not agree to settle. Utah Divorce Lawyer Tooele Free ConsultationWhen you need legal help to get divorced in Utah for your free consultation, call Ascent Law (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
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How Common Is Divorce After Retirement? Will Chapter 7 Take My Savings? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/tooele-ut-divorce-attorney/ Usually the answer is YES, but it’s best to call and check with a competent chapter 7 bankruptcy lawyer in Utah before you file. It’s not a good idea to empty out an account for the sole purpose of ensuring that the funds won’t go to creditors. Hiding assets from bankruptcy creditors is a fraudulent act that comes with stiff penalties, and this includes hiding the funds in a savings account. However, under certain circumstances, it might be a good idea to spend or take money out of your savings account before filing your case. When you file for bankruptcy, your creditors are entitled to receive a percentage of funds determined under bankruptcy law. For instance, priority creditors get paid first, while the majority of others take a pro rata share in any remaining amount. If you take money out of your savings account to hide it from your creditors or the bankruptcy trustee the official tasked with administering your case you’ll be committing bankruptcy fraud. Not only will the trustee be able to recover the funds using the clawback provision, but you could lose your discharge the order that erases qualifying debt or face criminal prosecution and up to twenty years in prison, $250,000 in fines, or both. Cashing Out Savings for Exemption PlanningIf you are filing for Chapter 7 bankruptcy, the trustee can take your nonexempt property and use it to pay your creditors. In Chapter 13, you have to pay your creditors an amount equal to your nonexempt property and likely more, depending on your disposable income and whether you have debt you must pay in full in your repayment plan. Bankruptcy exemptions protect your property in bankruptcy. If an asset is exempt, you can keep it. Each state decides the exemptions available for filers. If you don’t want the trustee to take the money in your savings account, check your state’s exemption laws before filing your case to make sure you can exempt the funds. In most cases, you will have to use an exemption specifically designed for bank accounts and not many states allow filers to protect much cash or a wildcard exemption that allows you to keep any property of your choosing to protect your savings account. If you can’t exempt your savings account, you might need to do some exemption planning when preparing to file your bankruptcy case. In general, a certain amount of exemption planning is allowed as long as it is in good faith and not excessive. You can usually spend the money on necessities such as food or rent, or use it to buy a necessary exempt asset. For instance, if you don’t have a car but your state has a motor vehicle exemption, you may be able to use the money to purchase a vehicle. However, keep in mind that excessive exemption planning can be construed as bankruptcy fraud. Each bankruptcy court has its own views regarding how much exemption planning is proper. As a result, consider talking to a knowledgeable bankruptcy attorney in your area prior to converting any nonexempt assets into exempt ones. Filing for bankruptcy doesn’t automatically freeze your bank accounts on its own. However, certain banks and credit unions will freeze accounts if you file for bankruptcy to protect the bankruptcy assets. These banks will typically require proof that the money in the account is exempt (you can keep it) in bankruptcy before allowing access to the funds again. For instance, it’s common for a bank to require the bankruptcy trustee to call and verify that the account shouldn’t be frozen and the trustee will typically do so if you’re entitled to the money. Also, if you owe money to your bank or credit union for example, if you have a balance on its credit card the bank can withdraw the money in your account using a mechanism called a set off. The contract you signed when obtaining credit gives the bank this right. As a result, it might be a good idea to switch banks if you know the bank will freeze your accounts or be a creditor in your case. But be aware that you’ll still have to disclose the money in your bankruptcy even if you keep it as cash, and you’ll have to be able to exempt, as well. When to consider filing Chapter 7If you’ve tried negotiating with your creditors, working with a credit counselor or consolidating your debt, but are still struggling to manage your debt, Chapter 7 bankruptcy might be your last resort. Chapter 7 bankruptcy can help by acting like a pause button for some of your debts. Once you file your petition, some of your creditors could be temporarily stopped from most collection actions against you or your property. But filing Chapter 7 can ultimately mean losing some assets. The law varies from state to state, and each state can classify property as exempt (can’t be taken) or nonexempt (can be taken). So depending on where you live, your home, stocks, other investments as well as other nonexempt assets you have could be at stake. If you’re concerned about what you may have to forfeit, talk to a lawyer. Some assets, including 401(k)s and pensions, may be exempt. The process of filing Chapter 7 bankruptcy generally takes 80 to 100 days from filing to when your debts are discharged. You’re not required to hire an attorney, but it is recommended that you go through this process with professional guidance from an attorney. Here are some of the things you should be prepared to do during a Chapter 7 bankruptcy. qualify for Chapter 7 bankruptcyYou : • Education course: Before your case is discharged, you’ll have to take a financial education course from a qualified nonprofit credit counseling agency. Some debts typically can’t be erased in bankruptcy, including recent taxes, child support and student loans. Bankruptcy still may be an option for you, though, if erasing other kinds of debt would free up enough money to pay the debts that can’t be erased. The other common form of consumer bankruptcy, Chapter 13, may be better if you have more assets or secured debts, and can repay some or all of what you owe. Other debt relief options are available, too, such as a debt management plan through a credit counseling agency. Take advantage of the free initial advice that credit counselors and many bankruptcy attorneys offer before deciding on a path. Filing Prior to RetirementIf you haven’t retired yet, the money in your retirement accounts such as a 401(k), 403(b), 457(b), Keogh, or other profit-sharing or defined benefit plan cannot be touched by creditors if you file for Chapter 7 bankruptcy, regardless of how much money you have saved in them. Chapter 7 is the most common form of bankruptcy and involves a court-appointed trustee liquidating your assets and distributing the money to your creditors. The money in those kinds of accounts also will not affect the amount you would have to pay back after filing for Chapter 13 bankruptcy, which is more complex than Chapter 7 and involves setting up a court-approved repayment plan. If you have funds saved in an IRA, Roth IRA, SEP-IRA, or SIMPLE IRA, the funds are also generally exempt from creditors, but only up to a certain limit. Bankruptcy And Social Security BenefitsUnder federal law, most creditors cannot garnish your Social Security benefits. However, the federal government does allow money to be taken from your Social Security check before it’s sent to you for the payment of federal taxes, federal debts including student loans, child support and alimony, and court-ordered restitution owed to the victim of a crime. Once the money hits your bank account, however, the money can be taken by creditors. The good news is that, under a rule established in 2011, banks must know whether federal benefits are included in an account before they allow money to be seized. If Social Security or similar government benefits are included in an account, the bank must protect two months’ worth of those benefits from creditors. Chapter 7 And Discharging DebtUnder Chapter 7 bankruptcy, your medical bills can be discharged that is, completely wiped away. Credit card debt, personal loans, utility bills, attorney fees, and some court judgments can also be discharged. Mortgages, car loans, liens, and other tax bills, child support, and most student loan debts are generally non-dischargeable in a Chapter 7 bankruptcy. How To Make the Decision To File Bankruptcy?If you feel like you are drowning in unpaid medical bills or credit card interest and late fees, bankruptcy could offer some relief. However, some seniors may be considered judgment proof, which means that they simply do not have anything for creditors to collect if they sue and win. If you’re in that type of situation, a bankruptcy may be unnecessary. Consult an attorney about whether or not filing for bankruptcy makes sense for you. Chapter 7 LawyerWhen you need legal help with filing for chapter 7 bankruptcy, please call Ascent Law LLC 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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Which Is Worse Bankruptcy Or Judgment? Can I Get My House Back After Foreclosure? How Common Is Divorce After Retirement? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/will-chapter-7-take-my-savings/ Being charged with drug possession in Utah can be scary, but it’s not the end of the world. In fact, if you get the right lawyer, your penalties and charges may be reduced. If you’ve been charged, you’re probably full of questions. Drug Possession Charges in UtahDepending on what kind of drugs you are found carrying in Utah, the charges aren’t always severe. For example, if you are charged with possession of marijuana, you may only face a Class B misdemeanor charge. The second time you are charged, you move up to the next level of consequences, namely a Class A misdemeanor. Charges continue to rise every time the offence is repeated. The length of time in jail also compounds by one year if a gun was involved. Understanding the different drug classifications can help you sort out what charges you face. Utah classifies drugs into Schedules I, II, III, IV, and V; the lower the number, the more dangerous the drug. A class V drug, for instance, is on par with less than an ounce of marijuana. The charges are as follows: Penalties for Drug Possession in UtahThe penalties for drug possession in Utah usually equal prison or jail time and a fine. A third degree felony equals 0-5 years in prison and a fine up to $5,000. A class B misdemeanor equals up to 0-6 months’ jail time and up a $1,000 fine. The recently adopted Justice Reinvestment Initiative encourages treatment over jail time. This means that although those faced with drug possession charges can very well receive jail time in exchange for their crime, they might not. The initiative encourages courts to levy opportunities for recovery instead of only incarceration. Those on probation can reduce their time in jail based on a release that is closely supervised. Those charged with drug possession are being offered the opportunity to take a class on substance abuse or joining a recovery program. Drug Laws and Drug CrimesDrug laws and drug crimes have gotten lots of attention in the past decade. Laws in every state and at the federal level prohibit the possession, manufacture, and sale of certain controlled substances — including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Putting aside political arguments over the so-called “war on drugs,” it isn’t hard to see why controlled substances are the focus of so much attention from legislators and law enforcement. It’s estimated that drug and alcohol abuse costs society over $110 billion a year through accidental death and injuries, health care, dependency treatment, criminal behavior, and more. Illegal Drugs vs. Legal DrugsThe legality of a drug often depends on how it is being used or what it is being used for. For example, amphetamines are used to treat attention deficit disorder, barbiturates help treat anxiety, and marijuana can help alleviate cancer-induced nausea. But unprescribed and unsupervised use of these substances (and many others) is thought to present a danger to individuals and to society in general. So, for decades, lawmakers have stepped in to regulate the use, abuse, manufacture, and sale of illegal drugs. Federal, State, and Local Drug LawsThough there is a longstanding federal strategy in place to combat the abuse and distribution of controlled substances, each state also has its own set of drug laws. One key difference between the two is that while the majority of federal drug convictions are obtained for trafficking, the majority of local and state arrests are made on charges of possession. Out of these state and local arrests, over half are for the possession of marijuana. Another difference between federal and state drug laws is the severity of consequences after a conviction. Federal drug charges generally carry harsher punishments and longer sentences. State arrests for simple possession (i.e. possession without intent to distribute the drug) tend to be charged as misdemeanors and usually involve probation, a short term in a local jail, or a fine depending on the criminal history and age of the person being charged. Controlled SubstanceWhen a federal or state government classifies a certain substance as “controlled,” it generally means that the use and distribution of the substance is governed by law. Controlled substances are often classified at different levels or “schedules” under federal and state statutes. For example, under the federal Controlled Substances Act, marijuana is listed as a “Schedule I controlled substance,” cocaine is listed under Schedule II, anabolic steroids under Schedule III, and so on. The list includes a number of medications that are fairly common you’ll find cough medicine containing low levels of codeine classified under Schedule V. Distribution and TraffickingAs a drug charge, “distribution” usually means that a person is accused of selling, delivering, or providing controlled substances illegally. This charge is often used if someone tries to sell drugs to an undercover officer. Trafficking generally refers to the illegal sale and/or distribution of a controlled substance. Despite the name, trafficking has less to do with whether the drugs cross state lines, and more to do with the amount of drugs involved. The consequences of a conviction for distribution and trafficking vary significantly depending on: ManufacturingUnder federal and state drug laws, the government can charge a person for playing a part in the cultivation or manufacture of a controlled substance. Cultivation includes growing, possessing, or producing naturally occurring elements in order to make illegal controlled substances. These elements include cannabis seeds, marijuana plants, etc. A person can also be charged for producing or creating illegal controlled substances through chemical processes or in a laboratory. Substances created this way include LSD, cocaine, methamphetamine, etc. PossessionThe most common drug charge especially in arrests made under local drug laws involves possession of a controlled substance. Generally, for a possession conviction, the government (usually in the form of a district attorney) must prove that the accused person: DiversionMany states allow diversion for first-time offenders charged with simple possession of illegal drugs. Diversion allows offenders to maintain a clean criminal record by pleading guilty and then completing a prescribed substance abuse program and not committing additional offenses. At the conclusion of the diversionary period (18 months is common) the guilty pleas is vacated, the case is dismissed, and the offender can legally claim never to have been arrested or convicted of a crime. “Search and Seizure” LawsThe most common defense to a drug charge especially drug possession charges is a claim that a police officer overstepped search and seizure laws in detaining a person and obtaining evidence. If a defendant in a criminal case (usually through a criminal defense attorney) can prove that the police violated the defendant’s Fourth Amendment rights in finding and seizing drug evidence, that evidence may not be admissible in a criminal case against the defendant. Utah Drug Testing LawsUtah employers may require applicants to take a drug test as a condition of employment, as long as employers and management also submit to periodic testing. Testing may be conducted only according to the employer’s written policy, which must be available for review by prospective employees. Employers in Utah may test employees for drugs, as long as employers and management also submit to periodic testing. Employers may require testing for these reasons: Legal Claims Arising From Drug TestingEven though Utah law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: Utah Drug LawyersWhen you need Drug Lawyers in Utah, please call Ascent Law LLC 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 Drug Lawyers first appeared on Michael Anderson.
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