In the past, members of the lesbian, gay, bisexual, and transgendered (LGBT) community have found little relief or protection from sexual orientation discrimination. In recent years, however, more attention has been given to LGBT needs; thus, more laws and regulations are being passed to protect against sexual orientation discrimination in the workplace. FederalFederal laws currently prohibit employment discrimination based on race, color, sex, religion, national origin, age, and disability, but not sexual orientation or gender identity. However, Congress is currently proposing a bill, the Employment Non-Discrimination Act (ENDA), which would make it illegal for private employers to discriminate based on sexual orientation. Without this bill, LGBT persons have no federal protection against employment discrimination in the private sector. The federal government does prohibit sexual orientation discrimination and gender identity discrimination in the federal workplace. In 1998, President Clinton amended an executive order that includes “sexual orientation” as a protected class in the federal government’s equal opportunity employment policy. This means that employees of the federal government and people applying for jobs within the federal government cannot be discriminated against based on their sexual orientation. In 2009, President Obama did the same thing for gender identity, but the remedies under this law are more limited. Just because there is no federal law prohibiting sexual orientation discrimination in the private sector, does not necessarily mean that employers are free to engage in such discrimination. If an employer is in a city or state whose laws prohibit sexual orientation discrimination, that employer must follow that local or state law. StateAs of 2015, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont, Washington and the District of Columbia have policies that protect against sexual orientation and gender identity discrimination in employment. This protection applies to both the private and public sector. New Hampshire, New York and Wisconsin have laws that protect against employment discrimination based on sexual orientation, but not gender identity. LocalThere are about 200 cities and counties across the U.S. that have laws prohibiting sexual orientation discrimination in the workplace. Check your state labor department or fair employment office to find out about your state, county, or city antidiscrimination labor laws, or visit Lambda Legal to do a search by state of antidiscrimination laws. Company PoliciesEven in cities with no local or state laws, some private companies develop their own antidiscrimination policies. As long as these policies are more and not less protective of people’s antidiscrimination interests, they are legally legit. An employee of one of these companies who feels that he or she has been discriminated against, as is defined by the company’s antidiscrimination policy, should contact management or human resources. If a complained to personnel does not take the claim seriously, this employee may have a legal claim, such as breach of employment contract or breach of company policy, against the employer. Other Legal TheoriesA wise employer will not make decisions (like ones that are based on sexual orientation) that are not based on the employee’s job performance and abilities alone, regardless of what applicable laws say. Besides discrimination, there are a number of legal theories under which employees who feel they have been discriminated against can sue: 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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Rehabilition Rights Of Injured Workers The Importance Of Cash Management Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/sexual-orientation-discrimination-in-employment/
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Workers’ compensation insurance policies cover the expenses associated with job-related injuries and illnesses. Although workers’ compensation (or workers’ comp) is regulated at the state level, most employers in the U.S. are required to carry a certain amount of coverage relative to the risks associated with the job. This section includes information about handling a claim, how to maintain adequate coverage without paying too much, links to state-specific resources and other topics pertaining to workers’ comp from the employer’s perspective. Worker’s Compensation: Employer ResponsibilitiesIn most states employers are required to purchase insurance from their employees from a workers’ compensation insurance carrier. In some states large financially solvent companies are allowed to self-insure, while very small companies may be exempt from carrying workers’ compensation insurance at all. Unless they fall within limited exempt categories employers without workers’ compensation insurance are subject to fines, criminal prosecution, and civil liability. An attorney also has a responsibility not to retaliate against workers who file compensation benefit claims. Acting against such an employee can result in civil actions against the employer for retaliation or “retaliatory discharge” if they are fired. Handling a Claim: Employer and Employee ResponsibilitiesWhen an employee is injured while at work the employer has certain responsibilities and must follow certain procedures in order to avoid liability beyond that arising from the accident itself. Employers must first attempt to avoid workplace accidents. If an employee is injured the employer must file the required report with the company’s workers’ compensation carrier and cooperate with the carrier and their attorneys when they investigate the matter. The employee must be permitted to seek treatment and must be welcomed back to work when they are well enough to resume employment. The employer is also responsible for assisting the state workers’ compensation board in curbing fraud. Employees also have responsibilities when an accident happens on the job. Workers must act responsibly at work. The employer is not responsible where workers are intoxicated, committing a crime, or knowingly violating a policy or code. Employees must also report workplace injuries as soon as possible. This may include filling out forms or reports about the incident. Employees must seek treatment promptly, since minor injuries can become serious without treatment. Employees must responsibly manage information provided by the employer and workers’ compensation carrier. They should cooperate with any requests made by the insurer and be responsible for their actions in and outside of work since insurance companies may hire private investigators to prevent fraud. Finally, employees are responsible for determining how to proceed with their 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
Ascent Law LLC
4.9 stars – based on 67 reviews
Rehabilition Rights Of Injured Workers The Importance Of Cash Management Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeFree 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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4.9 stars – based on 67 reviews
Rehabilitation Rights Of Injured Workers The Importance Of Cash Management Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/workers-compensation/ Cash Management BasicsBusiness analysts report that poor management is the main reason for business failure. Poor cash management is probably the most frequent stumbling block for entrepreneurs. Understanding the basic concepts of cash flow will help you plan for the unforeseen eventualities that nearly every business faces. Below, you will find useful information regarding the importance of cash management for your small business. Cash vs. Cash FlowCash is ready money in the bank or in the business. It is not inventory, it is not accounts receivable (what you are owed), and it is not property. These can potentially be converted to cash, but can’t be used to pay suppliers, rent, or employees. Profit growth does not necessarily mean more cash on hand. Profit is the amount of money you expect to make over a given period of time, while cash is what you must have on hand to keep your business running. Over time, a company’s profits are of little value if they are not accompanied by positive net cash flow. You can’t spend profit; you can only spend cash. Cash flow refers to the movement of cash into and out of a business. Watching the cash inflows and outflows is one of the most pressing management tasks for any business. The outflow of cash includes those checks you write each month to pay salaries, suppliers, and creditors. The inflow includes the cash you receive from customers, lenders, and investors. Positive Cash FlowIf its cash inflow exceeds the outflow, a company has a positive cash flow. A positive cash flow is a good sign of financial health, but is by no means the only one. Negative Cash FlowIf its cash outflow exceeds the inflow, a company has a negative cash flow. Reasons for negative cash flow include too much or obsolete inventory and poor collections on accounts receivable (what your customers owe you). If the company can’t borrow additional cash at this point, it may be in serious trouble. What Are the Components of Cash Flow?A “Cash Flow Statement” shows the sources and uses of cash and is typically divided into three components: 1. Operating Cash Flow: Operating cash flow, often referred to as working capital, is the cash flow generated from internal operations. It comes from sales of the product or service of your business, and because it is generated internally, it is under your control. 2. Investing Cash Flow: Investing cash flow is generated internally from non-operating activities. This includes investments in plant and equipment or other fixed assets, nonrecurring gains or losses, or other sources and uses of cash outside of normal operations. 3. Financing Cash Flow: Financing cash flow is the cash to and from external sources, such as lenders, investors and shareholders. A new loan, the repayment of a loan, the issuance of stock, and the payment of dividend are some of the activities that would be included in this section of the cash flow statement. How Do I Practice Good Cash Flow Management?Good cash management is simple. It involves: The starting point for good cash flow management is developing a cash flow projection. Smart business owners know how to develop both short-term (weekly, monthly) cash flow projections to help them manage daily cash, and long-term (annual, 3-5 year) cash flow projections to help them develop the necessary capital strategy to meet their business needs. They also prepare and use historical cash flow statements to understand how they used money in the past. 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 Can Look At Employees Personal Files Rehabilitation Rights Of Injured Workers Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/the-importance-of-cash-management/ The word “rehabilitation” in the area of workers’ compensation has two very different meanings. When most people think of rehabilitation, they think of physical therapy or rehabilitative care aimed at overcoming an injury and regaining functionality. Did you know that there is also vocational rehabilitation? In many states, injured workers who cannot return to their former employment are entitled to this type of rehabilitation at the expense of their employer’s workers’ compensation carrier. • The amount and type of vocational rehabilitation provided to injured employees, as with any other workers’ compensation law, varies greatly between jurisdictions. Some of the services which an injured worker may be entitled to include: • The actual vocational rehabilitation benefits to which an injured employee will be entitled are not only limited to the specific situation which the employee is in, but also must comport with statutory and regulatory limitations. • In many states, the only specific employee responsibility in connection with vocational rehabilitation is that they must “accept” it. Inherent to this responsibility is the requirement that the employee cooperate with vocational rehabilitation efforts and make a valid attempt to return to suitable employment. Other states have different types of requirements. In Massachusetts, for example, an employee is not required to participate in either physical rehabilitation or vocational rehabilitation. A Notable Difference: In California an employee needs to make a request for vocational rehabilitation, but may make the request at anytime within 15 years from the date of injury! Warning to Employees: If an employee refuses to cooperate with rehabilitation service providers, the workers’ compensation carrier may reduce, if not suspend, wage loss benefits for the period of non-cooperation. • An employer (or its workers’ compensation carrier) also has statutory or regulatory responsibilities that they must comply with. For example, in Minnesota, an employer must offer rehabilitation counseling services to any employee who has an injury that has resulted in 60 days of lost time from work. The offer must be made within five days after that threshold has been reached. However, if the employee sustained a back injury, they only need lose 30 days of work in order for the employer to be required to offer rehabilitation counseling. In Missouri, however, an employer must offer vocational rehabilitation within 120 days if the injury resulted in a loss of suitable gainful employment In some states, an employer may be required to pay for items such as tuition, living expenses, room & board, child care expenses, and travel expenses in addition to regular wage loss benefits while an employee is participating in certain vocational rehabilitation programs. • In some states only specifically qualified individuals are allowed to provide vocational rehabilitation assistance to injured workers. For example, only individuals who are Certified Rehabilitation Counselors (CRCs), Certified Disability Management Specialists (CDMSs) or Certified Case Managers (CCMs) may provide vocational rehabilitation assistance to injured employees in some jurisdictions. 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 Rehabilitation Rights of Injured Workers first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Recent Changes In NY Custody And Support Laws/a> Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/rehabilitation-rights-of-injured-workers/ Do you know what an AWW is? How about TTD? TPD? PPD? PTD? It seems as though workers’ compensation practitioners are sometimes speaking a language all their own. Do you understand what they are saying? While workers’ compensation statutes may vary significantly from state to state, there are some common concepts which can generally be considered as equivalent in any jurisdiction, although the actual method of calculating the ADW, SSDI offset or PT entitlement may be different in each state. The following is a glossary of some common workers’ compensation terms. Average Daily Wage (ADW): The ADW is a calculation of an injured employee’s average daily earnings and is sometimes used to determine entitlement to wage loss benefits following an injury, particularly where the AWW would not be an accurate representation of the employee’s earnings. Average Weekly Wage (AWW): The AWW is another method which may be utilized in calculating entitlement to wage loss benefits. The average earnings, by week, for a fixed period of time are calculated and wage loss benefits are computed according to that amount. Independent Medical Examination (IME): In many situations, an employer and insurance company will want to have an injured employee seen by a particular physician in order to obtain on objective evaluation of the employee’s health. An employee may initially be seen by a company physician, or a physician of their own choosing, However, if litigation commences over the extent of the employee’s injuries (or whether the employee has any injury at all), the employer and insurer will likely be entitled to require the employee to appear for an IME with a physician of their choosing. Permanent Total Disability (PTD): PTD benefits are available if an injured employee is permanently and totally disabled from work. Physical Therapy (PT): Many injured employees are entitled to receive physical therapy as a form of medical treatment to recover from injuries. On forms, or in medical records, you may see a reference to “PT.” That is short for “physical therapy.” Social Security Disability Benefits (SSDI): SSDI benefits are payable to disabled individuals through the Social Security Administration. Many state workers’ compensation statutes have specific provisions which dictate whether an injured employee may receive both workers’ compensation benefits and SSDI benefits at the same time. Generally, if both benefits are appropriate for the same individual, a complex calculation will be performed to “offset” the benefits so that the individual does not receive more money than they are entitled to from both programs. Statewide Average Weekly Wage (SAWW): The statewide average weekly wage is a computation of average wages paid to workers in a jurisdiction for a set period of time and is generally used to calculate the minimum, and maximum, amounts of workers’ compensation benefits that an injured employee will be entitled to receive. Temporary Partial Disability (TPD): TPD benefits are payable when an injured employee is able to work despite their injury. The benefits are available only for a limited period of time, in recognition of the fact that the employee will recover fully enough in the future that they will be able to resume employment without a wage loss. Temporary Total Disability (TTD): TTD benefits are available to employees whose injuries leave them totally unable to work for a period of time. The benefits are no longer payable when the “temporary” disability clears and the employee is able to resume working. In some states, if the employee must return to work at partial hours or at a wage loss while his disability resolves he may be entitled to payment of TPD benefits after receiving TTD benefits. Vocational Rehabilitation (VR): Vocational rehabilitation generally includes a melting pot of services that are offered to injured employees to help them return to work following a work injury. VR may involve transferable skills assessments, educational courses, job search assistance, and many other vocational aids. Vocational rehabilitation is sometimes also referred to as “occupational rehabilitation.” 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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4.9 stars – based on 67 reviews
Recent Changes In NY Custody And Support Laws Who Can Look At Employee Personal FIles? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/workers-compensation-glossary/ In addition to the employer, employees often have the right to view certain portions of their own employee personnel files as well. In most circumstances, employee personnel files should be treated as private records that belong to you and the corresponding employee. Many times these files contain very private information like performance evaluations, salary levels and private reports. You don’t want to leave these files open for anyone to go through. Who Has the Legal Right to View Personnel Records?However, certain employees often have the legal right and need to view information that is contained within personnel files. For instance, supervisors may often need to look at past performance evaluations when making decisions about who to promote within the company. Human resources may have to look through personnel files in order to figure out what kind of salary to offer an incoming employee that is hired to replace someone. Lastly, employees in most states are allowed to view their own personnel files. Confidential FilesYou should always treat personnel files just like any other private documents within the company. Normally personnel records are kept within a locked file cabinet that only certain people have access to. You should make sure that these files are only available to the people that have a legitimate and valid reason to look at the files. As a suggestion, you may want to set up a company policy that the only people that are allowed to access an employee’s personnel record are the human resources manager, the employee’s supervisor or manager, and the employee himself. By setting up such a policy, you will protect the confidentiality of these files, your employee’s privacy and also limit the opportunities for false documents to get into the files. In addition, by having a policy in place, you have the right to discipline anyone that breaks the policy. Since, like everything else these days, employee personnel files are likely to be available in electronic form, your policy should also address who has access to the databases where employee records are kept. You should limit electronic access to those people and groups listed above. Medical Records Should Be Kept SeparateThere are special rules that you need to be careful of when you decide to keep medical records of your employees. The Americans with Disabilities Act (ADA) has very strict rules regarding the handling and storage of employee medical records. Employers that must abide by the ADA have to keep medical records confidential and separate from the personnel files of their employees. Information contained in these medical records may only be given to safety workers or those administering first aid, and only if the information is necessary to treat the employee or for evacuation procedures. In addition, the medical information can be given to the employee’s supervisor if the employee has a disability that requires special (but reasonable) accommodation. Lastly, the information can be given to government officials as required by law, and to insurance companies that require a medical examination. In addition to the ADA, the Health Insurance Portability and Accountability Act (HIPAA) also places privacy requirements on employers that enroll their employees in group health care plans. However, employers that administer their own health care plans and have less than 50 employees enrolled do not have to comply with the requirements of HIPAA. Employers that are fully covered by HIPAA must designate a person to be the “in-house privacy official,” adopt and apply the policies and procedures mandated by HIPAA, and notify their employees about their privacy rights. An Employee’s Right to View Personnel FilesA large number of states have laws that give current employees (as well as former employees in some states) the right to access and view their own personnel files. How much of the file that an employee is allowed to view varies from state to state. However, if your state allows employees to inspect their own personnel files, these laws also often give you the right to have yourself or another supervisor present during the inspection to ensure that no improper documents are added to any personnel files. In some states, employees are allowed to make copies of certain documents contained within their personnel files. As an example, a state law could allow an employee to have copies of all documents relating to their salaries, but not to any performance reviews. If an employee wants a copy of a certain document within their file that they have a legal right to, be sure that you, and not the employee, are the one to make the copy. In most circumstances, you will not be required to show an employee their entire personnel file. If, for example, you have been using the personnel file to collect information about an upcoming termination for cause, you may not have to show the employee that part of their file. In addition, if files in an employee’s personnel file also include private information about another employee, you may not have to show that document to your employee. If your state does not have laws that specifically allow employees to view their own personnel files, you still may want to institute a company policy that allows employees to see certain portions of their files. The “After Discovered Document”By allowing employees to view their personnel files, you may avoid the problem of the “after discovered document.” This problem arises when terminated employees find documents in their personnel files that were not present before they were fired. Such situations often lead employees to believe that the documents were created after the termination. However, if you allow your employees to view their personnel files before termination, you can potentially avoid this problem. 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 Who Can Look At Employee Personal Files? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Not Being An Attorney In Utah Didn’t Stop One Woman’s Quest To Practice Law. It Should Have. Recent Changes In NY Custody And Support Laws. Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/who-can-look-at-employee-personal-files/ In addition to Utah’s new no-fault divorce law, the Utah State Assembly has made several other important changes to domestic relations law that took effect on October 14, 2010. These laws provide greater protections to the financially disadvantaged spouse in a divorce action and clarify the circumstances under which a parent can obtain a modification of a child support order. In the past, it was common during divorce for the spouse with the higher salary or greater assets to wage a war of attrition against the other, driving up costs and forcing the financially disadvantaged spouse to use up his or her resources. The new laws in Utah, however, seek to level the playing field and allow financially disadvantaged spouses to stand up for themselves during divorce proceedings. Under recent legislation, a financially disadvantaged spouse can receive temporary maintenance—a monthly income payment while the divorce is pending—so long as his or her income is two-thirds the income of the other party or less. Additionally, the financially advantaged spouse is now presumed to be liable for the attorney fees of both parties unless he or she can show good cause why this should not be the case. New child support laws have also taken effect. A parent may now seek a modification of a child support order following a 15 percent fluctuation in the salary of either parent. This law, however, does not include voluntary reductions in income and places an affirmative duty on unemployed parents to seek employment. You need knowledgeable legal support during a divorce. Consult a highly qualified attorney with the skill to help you fight for your rights. How Can I Enforce a Child Custody Agreement?If you have trouble enforcing a child custody agreement, you must seek legal assistance as soon as possible. A team of knowledgeable and experienced attorneys can help you initiate the legal proceedings needed to enforce a child custody agreement. The first action the court takes if a parent violates a child custody agreement is to hold the noncustodial parent in contempt of court. Contempt of court is a civil penalty that imprisons the noncustodial parent until he or she agrees to comply with the child custody agreement. If your spouse still refuses to comply with a child custody agreement, your legal team can use the following remedies: In some cases, a parent may face criminal charges if he or she takes a child away from a custodial parent. To find out if you have a criminal case against your spouse, contact your attorney as soon as possible. Before initiating any of the above-mentioned remedies, you must notify your spouse of the action you intend to take. Additionally, your spouse is entitled to a full hearing. During a hearing, with the help of a forceful attorney, you may question your spouse about why he or she refuses to comply with the custody agreement. 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 Recent Changes In NY Custody And Support Laws first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Husband Secretly Divorced Wife Not Being An Attorney In Utah Didn’t Stop One Woman’s Quest To Practice Law. It Should Have. Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/recent-changes-in-ny-custody-and-support-laws/ On a sunny California beach, Clark and Valerie Tate assembled their friends and 10-year old son for a special ceremony – an “uncoupling” ceremony. Conscious UncouplingBecause divorce can become an ugly and expensive process, the two decided to try a different route, choosing to “consciously uncouple.” This was Clark’s third marriage, and Valerie’s first. While the “spark” in their relationship went out years ago, the two have never once considered a formal divorce. In the uncoupling ceremony, the two returned they wedding rings to each other, symbolizing the end of their 14-year-old marriage. “These rings do not symbolize who we are to each other anymore,” Clark said. “So we’re releasing them,” Valerie added. While the two no longer consider each other as husband or wife, they have decided to continue living in the same house so they can continue to raise their son Jonah together. Focusing on ChildrenKeeping the family unit intact is crucial for the “un-coupe.” They are determined to protect Jonah from their failed relationship. “Children feel like they’re the center of the universe. They don’t understand necessarily what’s happening, but they feel like it may be something they did wrong,” said psychiatrist Dr. Janet Taylor. Financial Stress of DivorceDivorce can be not only emotionally draining, but also financially draining. On average, couples pay $50,000 to resolve contested divorces. But uncoupling in the fashion that Clark and Valerie have might not be an option for everyone. “For couples who have an option relationship, both partners have to totally agree to it, or it won’t work, and that requires communication,” Taylor said. “In some cases, it may involve a third party, a counselor where you draw up rules. But if one person feels like the other one is pushing them into that situation, it won’t work.” But for now, for the Tates, their situation is working out. The two are still legally married, and for now, divorce is not even on the horizon. “I think we’re through the tough stuff, which was questioning jealousy and insecurity and what happens and who are we, and what is this?” Clark asked. “The unknowns,” Valerie answered. JOINT CUSTODY IN DEPTHParents not living together have joint or shared custody when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can be awarded if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Forms of Joint CustodyJoint custody can be in many forms: It’s common that couples share physical custody also share legal custody. It is not necessarily the other way around. Joint Custody ArrangementsUsually parents work out a schedule according to work requirements, housing arrangements, and the children’s needs when joint custody is shared. If parents are not able to agree on a schedule, the court arranges and imposes an arrangement. The most common pattern is for the child to split weeks between each parent’s home. Here are some other joint physical custody arrangements: “birds nest custody,” where the child remains in the family home while the parents take turns moving in and out. In this instance the parents each have their own separate housing. Joint Custody – Advantages and DisadvantagesWhile joint custody assures the children have continued contact and involvement with both parents and alleviates some of the burdens of parenting for each parent, there are, some disadvantages. For example, children have to be shuttled around between parents, non-cooperative parents can have negative effects on children, and maintaining two homes for the children can be costly. If you have a joint custody arrangement, it’s important to maintain detailed and organized financial records of all of your expenses such as groceries, school and after-school activities, clothing, and medical care. Because your ex may claim she or he has spent more money on the kids than you have it’s important to keep all records. A judge will appreciate your detailed records. 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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4.9 stars – based on 67 reviews
What Are Some Causes For Sole Custody To Become Necessary? Not Being An Attorney In Utah Didn’t Stop One Womans Quest To Practice Law. It Should Have. Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/uncoupling-ceremony/ When the Deseret News calls a case “bizarre,” you know that the story is going to be juicy. In Karla Carbo’s case, part of what’s juicy about it is where she got up to so much trouble. A lot of crazy stuff goes down in the Salt Lake Valley, and maybe that’s why Carbo thought she could fly under the radar up high in the mountains, but her impersonation of an attorney in Utah in Summit County landed her somewhere she absolutely hadn’t planned on: jail. Park City isn’t known for its crime or intrigue—usually the most exciting disputes involve ski and snow resorts, but Karla Carbo takes the cake for stirring up trouble in the tourist town. Charged with identity theft, two counts of forgery and communications fraud, Carbo may be scrambling to hire a real attorney in Utah. You know, not like the one she was impersonating. “Investigators say she has represented herself as an attorney in several court jurisdictions using the name of an actual attorney and that attorney’s bar number.” She probably couldn’t get the attorney in Utah that she impersonated to represent her, but hey, wouldn’t that be irony. You’ve got to hand it to this lady for having some guts of steel, even if they only served to put her behind bars of steel. She even went so far as to open “her own law office and hire a man who recently passed the bar legitimately but had no idea he was being hired by a fake attorney.” And the future is kind of sticky and uncertain for those clients who Carbo was allegedly representing: “information on how many and what will now happen to those cases” isn’t immediately available. It was the attorney in Utah who Carbo was impersonating who finally cracked the case when the state contacted her “with a question regarding a recently completed court matter, and she had no idea what they were talking about.” The real attorney dug a little deeper and discovered that Carbo was using her name and license number to represent clients in criminal cases, an area of law in which she had never practiced. And okay, we know it’s not that funny, even if it seems ridiculous and outlandish. The clients Carbo was falsely representing were real people, with real cases, “and we know of at least one person out there now who has pled guilty to a crime without having a competent attorney,” which is a pretty big deal, when it’s your life—possibly in prison—on the line. Thankfully, that defendant gets a do-over. Carbo’s case has brought up the fact that attorneys in Utah have to provide their name and bar number in a courtroom appearance, but they don’t have to show photo ID. This is apparently the first time the Utah State Bar has heard of “someone actually going into a courtroom impersonating a real attorney and handling real court cases.” One thing is for sure: Carbo must have watched every court TV show to handle herself in a courtroom without raising too many eyebrows. 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 Not Being An Attorney In Utah Didn’t Stop One Woman’s Quest To Practice Law. It Should Have. first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Same Sex Marriage A Historical Introduction What Are Some Causes For Sole Custody To Become Necessary? Husband Secretly Divorced Wife Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/not-being-an-attorney-in-utah-didnt-stop-one-womans-quest-to-practice-law-it-should-have/ Gabriel Villa and Cristina Carta Villa were married for 20 years. Or were they? Turns out this husband secretly divorced his wife just months after they were married. Husband Secretly Divorced WifeGabriel Villa, 90, and Cristina Carta Villa, 59, were married for 20 years, had a son together, and two homes – one in New York, and one in France. It seems the two were living in perfect marital bliss, until it was discovered that they weren’t married at all. Turns out, just months after getting married, Gabriel secretly divorced Cristina in an attempt to protect his assets. But now Cristina is suing Gabriel in an attempt to nullify the divorce she didn’t know about as well as keep him from selling an apartment the two have shared for the past years. The Love StoryThe two met at a mutual friends house where, according to Cristina, “He was absolutely charming, and despite our age difference, it was love at first sight.” They were wed in New York in 1994. She was working as a teacher of Italian literature at Boston College, but gave up her job to be with the lawyer a travel agent. “It’s a fraud” she said. In the 22 years since their married, the two bought a one-bedroom condo on West 55th Street and had a son, Lorenzo. Additionally, the couple divided their time among Manhattan, Massachusetts, and France. All the while, Cristina thought she was legally married to Gabriel. “It was and somehow it’s still a great love,” Cristina says. “Gabriel is a very charismatic man, strong, intelligent and very charming. I think we could say I was a loving and caring wife and mother.” She even stuck with him through the worst of times. According to Cristina, when Gabriel was in the hospital, “I was always at his side.” He even made her his legal health-care proxy and gave her power of attorney. Allegedly, according to the court papers that Cristina has filed in court, Gabriel was telling Dominican authorities another story, saying that life with Cristina was “unbearable.” Thought the two did not have residency in the Dominican Republic, Gabriel applied for the legal dissolution there. Allegedly, according to Cristina’s claims, he also hired lawyers to represent each spouse and cited “incompatibility of temperaments” as the reason for the split. Cristina Finds OutCristina only became aware of her divorce last November, when a tax bill arrived for the couple’s Manhattan home and her name wasn’t on it. Curious about the situation, she hired a lawyer to investigate. The lawyer uncovered the fact that Gabriel had attempted to remove her name from the deed, using the Dominican Republic divorce as proof she was not an owner. According to court papers, Cristina “has no recollection of [giving] any authorization to anyone to proceed with a divorce, or even thinking about divorce from the man she had just recently married.” If legal authority had been given, she was either “surreptitiously impaired, drugged or misled” into giving it. “I realize now that during all these years of joy and happiness, and of difficult moments we shared together, my husband lied to me and had the Dominican divorce on the back of his mind. It’s what is hurting me the most,” she says. Marital Property DivisionAs is shown by this wild case, marital property division can be a very difficult part of a marriage. While this story is a rare one, filled with deceit, it proves just how important it is to be fully aware of your financial picture, even if your spouse is the one that “takes care of the finances.” This is why divorce can be so devastating – you have to pick up the pieces of a financial disaster. But it doesn’t have to be that way. Finances After DivorceThere are some simple steps you can take to get back on solid financial footing following a divorce. The best way to do this is to make some changes during the divorce that will set you up to more forward once the divorce is finalized. Build a TeamMike Lynch, vice president of strategic markets at Hartford Funds, says, “Don’t go it alone. Build a team today – a qualified team of legal, tax and investment professionals. Maybe it’s your current investment professional, or you may seek a new one that understands your situation better.” Try to Be Civil with Your ExIt’s important that you remain civil when it comes to your ex. This can be crucial when it comes to working out aspects of a divorce, including marital property division, alimony, and child custody and visitation. This might mean working with a counselor or relationship therapist that can advise the both of you on how to find a common ground, or at least a civil way of communicating. Consider Selling All Shared PropertyWhile it might feel smart to hold onto property – such as a primary home or vacation home – and just decide who will take over ownership, this can become a major sticking point between couples. Who will take care of maintenance, who will take the utility bills? It’s often advised that a couple sells their home and split the proceeds. Work with a Certified Divorce Financial AnalystA Certified Divorce Financial Analyst can act as an advisor to a divorce lawyer or as a mediator for both parties. “Decisions made during divorce are long-lasting and it’s important to stay focused and recognize the significance of the proceedings,” says Allison Alexander, a CDFA, CPA and financial analyst at Savant Capital Management. “As painful as it is, there is no advantage to rushing the process and making errors in judgment.” Create a BudgetAccording to certified divorce financial analyst Eva Sachs, the first step toward finding your own financial independence is to balance your income with your expenses. Figure out how much money is coming in (via work, alimony, and/or child support) and then see how much is going out and being spent on living expenses. Update Your BeneficiariesEmily McBurney, attorney and qualified domestic relations orders (QDRO) expert, says the top of your to-do list should include updating the beneficiary that is listed on your life insurance and retirement accounts. It makes sense that during your marriage your spouse was listed as your beneficiary, but now that might not make sense. Until you remove he or her name they will remain on there. Update Your WillSince you’re already updating your beneficiary designations, don’t forget to revise your will, according to certified divorce financial analyst Donna Cheswick. Plan for EmergenciesIn a marriage, you rely on your spouse when you lose your job, face a medical emergency, or run into an unplanned home expense. But if something happens now, after your marriage, you’re going to need to go it alone. In order to protect yourself, Sachs advises you create an emergency fund. You should add to this fund whenever you are able to. Additionally, doing this also adds to your emotional well-being. There’s a satisfaction in knowing that you can stand on your own two feet if anything goes wrong. “An emergency fund should equal three to six months of your living expenses,” she says. “If you can swing it, I recommend six months because you’re now single and need an even bigger cushion if you are not able to work or an emergency occurs.” TaxesIt’s important that you remember tax season during your divorce, as it will have repercussions when it comes to alimony and child support payments. Remember that there will be taxes on assets that are divided, and though it might seem a fair settlement, come tax season it might not be. Create Your “Single” BudgetYou’re entering a new life as a “single” person, so you’re going to need to budget for that life. “Be as specific as you can and make the necessary adjustments to your budget as soon as possible,” says John Garvey, senior vice president of wealth management at UBS. “Next, plan for your future as a single person. If fewer assets are available to you, you may need to reprioritize your spending. As an example, college savings plans may need to be revisited to account for decreased income flows.” Working with a Divorce AttorneyIf you are facing a divorce, you should work with a divorce attorney that will take a vested interest in your specific situation and advise you on what you might face in a divorce regarding property division, child support and custody, and alimony. They will be able to advise you on your options. A divorce attorney will provide support and guidance as you work towards ending your marriage. 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 Husband Secretly Divorced Wife first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Same Sex Marriage A Historical Introduction What Are Some Causes For Sole Custody To Become Necessary? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/husband-secretly-divorced-wife/ |
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