Child support can be granted during divorce, temporary separation, or as separate maintenance. Generally speaking, there is a legal duty for parents to support their children under the age of 18 but there are exceptions, such as if the child is emancipated or if they have a disability which means they will remain dependent even after turning 18. The Utah guidelines determine all aspects of child support. The parent who has custody is paid child support by the non-custodial parent and is based on income. The three components of this payment include base child support, medical expenses, and child care expenses. In general, the portion of health insurance policy premiums attributed to the child (ren) is split between the parents in addition to uninsured medical expenses. As well, work-related child care expenses are also shared between the two. Child support is calculated by accounting for the total gross income of both parents, along with the number of overnights spent in the household of each parent. Parents are required to provide proof that their income matches the amount inputted in the child support calculator, such as with pay stubs and copies of the most recent tax returns. If a parent has a reasonable explanation for why this information is not available, the other party can file a Declaration of Other Party’s Earnings to explain the income, similar to acting as a witness for the other person. In cases where one parent doesn’t work, the Court can assume the amount of a party’s earning potential based on their prior work history and an assumed 40-hour workweek. If there is no recent work history information to rely upon, or if there isn’t a specific occupation the party has had, then the Court’s assumption will be based on the federal minimum wage for a 40-hour workweek. This is how the Court accounts for the fact that the other parent can reasonably work, however, this is not done in every circumstance. Exceptions are made in the following cases of a non-temporary nature: The cost of childcare would equal, or almost equal, the amount of money earned by the parent with custody. • If the party has a physical or mental condition preventing them from obtaining and/or keeping a minimum wage position The easiest way to calculate child support is to use the child support calculator provided on the Office of Recovery Services’ (ORS) website, HERE. If you’re unsure of how to go about using this calculator, this article will help you. In Utah, there’s a number of factors the court will consider when determining how much child support you will have to pay, or how much child support you will receive in your divorce or custody battle. The court will consider The Parties’ Income. We consider the income of both parties when calculating child support: the party paying child support and the party receiving child support. • Unemployed Parent. Occasionally, one of the parents is unemployed and therefore does not have any income. When this occurs, the court can impute income–this means that the court will look at the work history and employable skills of that unemployed parent to determine the amount of income the parent is capable of earning. For example, if the parent was previously employed making $60,000 per year, the court may determine that the parent presently has the ability to make $60,000 per year, and then the court will use this hypothetical figure to calculate the amount of child support owed/received. The number of children born to both of the parents has one of the most significant impacts on the amount of child support that will be paid/received. Of course, if there are more children born to the parents, the amount of child support paid/received will be higher. Type of physical custody awarded. The type of physical custody awarded to the parents is another factor that will significantly impact the amount of child support paid/received. • Joint Physical Custody. Joint physical custody is determined by the number of overnights each year that the children spend with each of the parents. The amount of child support will fluctuate depending on the number of overnights the child spends with each of the parents. For example, in a joint custody situation, if a child spends 111 overnights with one parent and 254 overnights with the other parent the child support obligation will be much higher than if the child spends 183 overnights with one parent and 182 overnights with the other parent. Previous Child Support or Alimony Obligation in a Different Case. The court will consider the amount of child support or alimony (spousal support) that one of the parents has to pay in another, different case when calculating the child support owed/received in your case. Obligation to Children in the Present Home. If one of the parents has been remarried and there are other children of that marriage living in that parent’s home, the court will consider the financial obligation that the parent owes to those children when calculating child support. How child support is really calculated in UtahIt seems that divorce is never fair. In fact, divorce seems to be the most complicated and confusing thing one can go up against in his or her life. But wait until you start trying to figure out how child support is calculated in Utah. Most divorcing couples have no idea how child support is calculated in Utah, and this is part of the reason why they end up with the kind of child support arrangement they were prepared for neither financially nor emotionally. Some people may think that child support is calculated based on the income of both parents, the number of children, and their custody arrangement, but in reality, there is so much more that’s going on when Utah courts determine child support. So you may be surprised to find out what factors are actually taken into account. How to Calculate Child Support in UtahLet’s start with the basics. Before digging deep to consider all factors and determine the child’s best interests, a family court will examine the gross income of both parents separately. The gross income of a parent includes income from all the sources, including salaries, rent, social security bills, and even unemployment payments and employments benefits. However, things like housing subsidies, welfare benefits, and general assistance are typically excluded from the equation when determining child support. If a parent refuses to work just to avoid providing the other parent with child support payments, or voluntarily takes a pay cut just to be obliged with lesser payments, or deliberately quits his/her job altogether – a Utah court will take into account the past and current earnings of the parent. Another factor that is important when calculating child support in Salt Lake City and all across Utah is the amount of time each parent is going to spend with the child as per the existing custody arrangement, which can be sole custody, joint custody, or split custody. Utah Child Support Calculator FormulaUnder the Utah State Legislature, local courts use a certain formula to calculate the amount of monthly child support payments in each case. The following factors are taken into consideration in the formula: Can You Ever Change the Amount of Child Support?The parent who is obliged to make monthly child support payments is legally required to pay without delay, and cannot pay less, only more, if he/she wishes to. The court must always approve the amount of child support payments if the parents agree to any changes in child support. If the court obliges you to pay the amount that you cannot afford – or had been able to afford for a while and now the arrangement is putting a heavy strain on your budget – you can always request a child support modification. However, you’ll need to be legally represented by a child support attorney in order to obtain approval from the court, as you will have to prove that the child support modification is justified due to: If the child support arrangement is no longer working out, you can request a child support modification. Child Support Modifications UtahThere can be many reasons why you need to modify your child support order. You could have suffered a job loss or become disabled which prevents you from working earning the income you were before the injury. Whatever your reasons for requesting a child support modification, there are certain things you need to know before going to court. What Qualifies for Child Support Modifications?In Utah, you can only change the amount of your child support if the difference in what you are currently ordered to pay and what the new amount you may be ordered to pay differs by 10 percent. Utah does not allow temporary modifications, requiring that that the change is expected to last at least one year. Keep in mind that a child support modification is considered a post judgement change which means there are certain steps you must follow in order to change the support amount. How to Modify SupportThere are two ways to ask the court to change the amount you are paying in support. A Motion to Adjust can be used if there is a clear difference of 10 percent between the current order and the new order, the difference is not temporary, and the proposed amount is consistent with guidelines. If any one of these criteria does not exist, you must file a Petition to Modify Child Support. Petition to Modify Child SupportA Petition to Modify also has restrictions. If it has been three years or more since the original order, the 10 percent difference criteria must be met although the proposed support does not have to be consistent with guidelines. The change still may not be temporary. If it has been less than three years, there must be at least a 15 percent difference. You must also show that there has been a material change in one or more of the following areas: The change cannot be temporary. The modification can be requested to either decrease or increase support payments. However, if you were the petitioner in the initial case, you will remain the petitioner in the modification as well. Documents must be filed in the same court that issued the decree and have papers served on your ex-spouse. What Happens After the Petition is Filed?Once the petition is filed, the court issues a Domestic Relations Injunction. This orders you and your ex-spouse not to harass each other, change insurance or beneficiary coverage, transfer property or take an unexpected trip with the minor children while the case is pending. As soon as the petition is filed, the petitioner must abide by the injunction while the respondent must begin abiding by it when they are served the documents. What If I am the Respondent?If you are served with a Petition to Modify Support, you have 21 days if you were served in Utah or 30 days if served in another state to answer the petition. Both you and your ex-spouse must provide initial disclosures which include a financial declaration. It is possible the court will order both of you to try to come to an agreement through mediation. If you agree with the petition, you can file a stipulation by checking the “and Stipulation” box on the first page and sign it. Keep in mind both you and your ex-spouse must sign the stipulation. If you come to an agreement after mediation or negotiation, you can complete a new Petition to Modify and write “Amended” on the top of the first page. Process for Motion to AdjustThe process for the Motion to Adjust is easier than filing a petition, but it still has certain post judgement requirements. Judges in Utah may rule on all types of motions, but commissioners are assigned to hear divorce case motions as well as other family law issues. You will want to contact the court where you filed the motion to find out whether it will be decided by a judge or a commissioner. The important difference is that a commissioner will simply make a recommendation to a judge who then makes the modification an order of the court. If you disagree with the commissioner’s ruling, you can file an Objection to a Commissioner’s Recommendation. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How Are Child Care Expenses Divided After Divorce? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Absolute Divorce V.S Limited Divorce Does Divorce Have To Be Filed In The Same State As The Marriage? How Are Assets Divided During Divorce? Divorce Lawyer and Family Law Attorneys
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
{ Ascent Law LLC St. George Utah OfficeAscent Law LLC Ogden Utah Office
Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan Utahvia Ascent Law, LLC https://www.ascentlawfirm.com/how-are-child-care-expenses-divided-after-divorce/
0 Comments
As a newlywed, you likely never gave a second thought about whether you lived in a community property state or about terms like equitable distribution. When a marriage ends in divorce, however, it usually (and unfortunately) involves tough decisions and difficult discussions — including those concerning the fair division of property once shared during the union. In an ideal situation, the couple can work together to decide how to split up property, debts and assets. When that’s just not possible because of a dispute or a complex issue regarding the ownership or value of property, both spouses may have to hire attorneys to negotiate on their behalf or even go to court and ask a judge to divide the marital estate (property owned jointly by the couple). There are typically three factors that play into deciding how to divide up the property: the type of divorce you’re seeking, what kind of property you own and the state where you currently reside. Types of DivorceAlthough most people don’t get the opportunity to thoughtfully decide which type of divorce they would like to have, there are options for those willing to work together. For example, in an uncontested divorce, both parties come to an agreement on all the terms of the divorce and file the papers with the court. There is usually no formal trial in this scenario. An uncontested divorce can be much less expensive than a contested divorce, saving you time, court costs and legal fees, as well as helping you avoid protracted disputes with your spouse. Contested divorces are what stereotypically come to mind when we think of divorce. These are cases in which there’s a lot of disagreement over key areas such as property, children and spousal support. Each spouse is represented by an attorney, and a judge oversees the case until settlement. This type of divorce can be long, costly and potentially contentious. Others types of divorce fall somewhere in the middle. Mediation, arbitration and collaborative options allow the couple to be independently represented by counsel without incurring the full costs of a trial. The option that will work best for any couple depends on the level of disagreements between the spouses and the willingness to work together toward a resolution. What kind of property you ownProperty division is a big issue during a divorce. One of the most common questions is, “Who gets the house?” Separate property belongs only to one spouse, such as something you owned before getting married, gifts or inheritances specifically given to you or the proceeds of a pension that vested before the marriage. Community property is everything that both of you earned and acquired during your marriage (e.g., the money from your job that you placed into a joint checking account and used to pay bills or debts during your marriage). Property — like a house — bought with a combination of separate and community funds is generally considered community property. If the spouse who owned separate property, placed the separate property in joint title with the other spouse, or “commingled” the separate property with marital property, then, the separate property loses its status as separate property, and becomes marital property. Black’s Law Dictionary defines “commingle” as “the putting together of money from several sources into … one fund.” A court is to divide the marital property equitably between the spouses. Pensions and retirement benefits are marital property if a spouse acquired the benefits during the marriage. If a spouse acquired the benefits from employment that occurred both during the marriage and before the marriage, then, the portion of the benefits that the spouse acquired during the marriage, are divisible marital property, and the portion of the benefits that the spouse acquired during the marriage is separate property. A court is to determine the portion of the benefits that are marital property and divide this portion between the spouses. Military disability benefits are separate property, and may not be divided between spouses. If a military member elects to waive retirement benefits in order to receive disability benefits, the portions of retirement pay that the military member waives, are also separate property and may not be divided between the spouses. However, if a military member chooses to waive retirement benefits in order to receive disability, the court may order the military member to reimburse his spouse for money lost due to the waiver of retirement benefits. Also, property purchased with military disability benefits may be marital property. Academic degrees and professional licenses are not divisible marital property. However, if a spouse helped support their spouse in obtaining a degree or license, a court may order the degree or license holder to give a cash award to the other spouse. A personal injury settlement, which compensates for lost wages during the marriage, and for uninsured medical expenses incurred during the marriage, is marital property. However, a personal injury settlement that compensates for future lost wages, future medical expenses, pain and suffering, and mental anguish is separate property. Disability insurance benefits replacing post-divorce wages, are separate property. A workers’ compensation award that compensates for lost wages during the marriage is marital, but any part of a worker’s compensation award that compensates for wages after the divorce is separate property. A severance payment, paid to replace future wages earned after a divorce, is separate property. Social Security benefits are separate property. If property is marital, what does a court consider in deciding how to divide it?The law does not require a court to divide marital property equally. Some of the factors that courts consider in how to divide marital property are: The contribution each spouse made to the marital estate. A non-working, or homemaking, spouse is considered to have made a contribution to the marital estate; a court thus may award a large portion of the marital property to a spouse who did not work. The need of each party is not a factor in deciding how to divide marital property. However, a court may consider the need of a custodial parent, in caring for the children. A court is not to consider marital misconduct (such as adultery and spousal abuse) in dividing property. The purpose of dividing property is to give each party an equitable share, not to punish spouses for wrongdoing. How courts actually divide propertyIn some cases, a court will award an equal share of the property to each spouse. In other cases, a court will award a greater share of the property to one spouse, and order the other spouse to pay money to the other spouse as compensation. Also, in many cases, a court will order each spouse to pay a portion of the marital debt. If a debt was acquired during the marriage, it is considered a marital debt, even if the name of only one spouse is one the debt. The state where you currently resideCourts divide property through one of two ways: community property or equitable distribution. Debts are divided according to the same principles. Here is how property is divided up depending on where you live: Community property states: In some states, all married property is classified as either community or separate. When you get divorced, community property is generally divided equally between the spouses, while each spouse gets to keep his or her separate property. Equitable distribution: In all other states, assets and earnings accumulated during marriages are divided equitably (fairly) but not necessarily equally. Some of these states may order one party to use separate property to make the settlement fair to both spouses. Note that division of property doesn’t necessarily mean everything gets physically divided up equally. Instead, the court may grant each spouse a percentage of the property’s total value. Dividing up property yourselvesIf you and your spouse are going to try to divide your property yourselves, here are some steps to get you started: List your belongings. Working together, make a list of all of the items that you own jointly. Of course, you can omit items both of you agree are personal things of insignificant value. Value the property. Try to agree on the value of anything worth more than a specific agreed amount, say $100 or $500. If there is a house, a business or anything that’s difficult to value, get an opinion about that from some agreed-upon outside authority. Decide on the logical owner. Now go through your main list, item by item, and decide whether there is some good reason to have each piece of property go to one or the other of you. Start with the biggest value items and see how far you can get. Get the judge’s approval. If you and your spouse can agree on dividing the property you own together, the court will normally approve whatever agreement you’ve reached. The only exception is when a party who doesn’t have a lawyer seems to have agreed to take a lot less than half of the property. Navigating the Division of Assets in DivorceTo further complicate the division of assets and debts in a divorce, if you do not have children and you and your spouse own the home together, neither of you has a legal right to kick the other out. You can request the other individual leave, however, you cannot enforce it. If you and your partner do not decide on suitable property distribution, the court will choose for you throughout the divorce proceedings or with the assistance of your attorney. If your partner alters the locks or security system or otherwise prohibits you from going into the house, you can call the authorities. The police will most likely direct him or her to let you back in. When you both own the house, the only time you can insist your partner leave is if your partner has actually committed domestic violence resulting in a mandated restraining order. Keeping Assets Separate in MarriageSome couples prefer to keep their assets separate in marriage, whether by maintaining different homes or separate property or bank accounts. This is less common, but it simplifies divorce proceedings. Separate property is also referred to as non-marital property, meaning that it belongs to only one spouse. Courts usually don’t divide separate property during a divorce, and it stays with the person who acquired it. Additional assets that are likely to be automatically bequeathed to one spouse over the other consist of the following: But if residential or commercial property is acquired with a mix of community funds, as long as a partner has the ability to prove that a variety of funds were used to purchase or maintain them, it would be considered marital property. Individual property that was blended together with joint property usually ends up being community property. Some divorces are complicated scenarios best untangled by a dispute resolution lawyer with experience in the laws of property distribution. What Items Are Considered Assets in a Divorce?There is a fairly standard list of items that are considered assets in a divorce that is true in most states. This list includes a home or real estate, bank accounts, retirement accounts, any family businesses. Other items that may be counted as assets include vehicles, life insurance policies, household goods, and more. When deciding how those assets are divided, it is good to weigh the pros and cons. Do you want a lengthy and expensive court battle? It is a winning scenario for a separating couple to choose to divide their home and financial obligations themselves (with or without the assistance of a neutral third party like a mediator). This is usually much less expensive than leaving it to the judge. If a couple cannot agree, they can take their case to the court, which uses state law to divide the residential or commercial property. If children or large estates are involved, it is necessary to take the matter to court. Regardless, it is a good idea to get a consultation with a divorce attorney to know your rights and responsibilities. What Are Marital Assets and How Are They Divided?When discussing your marital property, assets and debts, it is crucial to realize that bank accounts, investments, real estate, and most items of property acquired during the marriage are often included and may be considered marital property. Rather than offering the property to one party, the court may use a property equitable distribution concept and award each spouse a percentage of the overall worth of the sale of the property. Each partner will get personal effects, possessions, and financial obligations whose worth amounts to his or her portion. It is unlawful for either partner to conceal properties in order to protect them during the divorce process. Final Considerations Regarding the DivorceDuring difficult divorces, people are sometimes pushed to the brink and make inadvisable choices. Whatever you do, do not lie or declare that domestic violence has happened simply to remove your partner from the house, retaliate, or increase your portion of the marital assets upon divorce. When a judge believes this has occurred, the individual making the accusation might actually be further penalized and be asked to leave their family’s home. It will also likely prejudice the judge against him or her throughout future settlements. If you are a victim, the regional domestic violence hotline is available to help, and your attorney will be able to assist you as well. Dividing pensions and retirement benefitsThere are two ways a court may divide a pension: 1. The Present Value method. A court determines the present value of the pension, awards the pension to the employee spouse, and orders the employee spouse to reimburse the other spouse to compensate for the value of the pension. 2. The Deferred Distribution method. Under the deferred distribution method, the court will sign a Qualified Domestic Relations Order (“QDRO”). A QDRO will direct that a portion of the retirement benefits be paid to the employee spouse, and that the remaining portion of the retirement benefits be paid to the non-employee spouse. You or your attorney will then send the QDRO to the entity that pays the benefits. The payor will then pay a portion of the benefits to the employee spouse, and a portion of the benefits to the non-employee spouse, as the QDRO directs. When a QDRO is needed, an attorney for one of the parties will draft the QDRO, and submit the QDRO to the judge for his signature. A QDRO is extremely complicated to draft. You should never attempt to draft a QDRO yourself. Instead, you should hire a QDRO specialist. Many lawyers don’t even draft QDROs themselves – instead, they hire QDRO specialists whenever they need a QDRO drafted. If you are in a divorce case, and you need a QDRO, make sure that your lawyer hires a QDRO specialist to draft a QDRO for you. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does Child Support End Automatically At Age 18 Or Do I Need To File Paperwork? Absolute Divorce V.S Limited Divorce Does Divorce Have To Be Filed In The Same State As The Marriage? Divorce Lawyer and Family Law Attorneys
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
Ascent Law LLC St. George Utah OfficeAscent Law LLC Ogden Utah OfficeDirections from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan UtahThe post How Are Assets Divided During Divorce? first appeared on Ascent Law, LLC.via Ascent Law, LLC https://www.ascentlawfirm.com/how-are-assets-divided-during-divorce/ Have you decided to get a divorce? You may have thought this was the beginning of the end of the tough decisions you will need to face, but there are many more decisions and processes that will need to be navigated as you start on your path to a new chapter in your life. The first question you will probably face after deciding on divorce is, where do I actually file for divorce? If you were married in another state, you may be wondering if you have to go back to that state to get a divorce. Most all states have residency requirements for divorce filers. We will discuss more on where you can file for divorce here. The road to divorce is not always straightforward. Some spouses decide to separate while still living together, but others will enter divorce proceedings after years of living apart—sometimes after one spouse has moved to a different state. Divorces involving spouses living in different states are often more complicated than those filed by spouses who live in the same community. Do I Have To File For Divorce In The Same State I Got Married?In order to be able to grant a divorce, a state court must have jurisdiction over the divorce proceedings. Jurisdiction means that the court has the power to rule over the procedures as well as decide the outcome of the case. This is why, in most cases, a person will petition for divorce in the state where he or she lives. Depending on how long he or she has lived in that state, it is most common that the court will have jurisdiction over a state resident to hear his or her divorce case. Prior to filing for divorce, you should verify your state’s residency requirements. You should also check on the local county residency requirements. Do so promptly. If your spouse lives in another state, he or she may be looking to file for divorce there. Having a pending divorce case out of state can be logistically difficult and very inconvenient. You may also, however, want to investigate the state’s laws on divorce to see which is most favorable to your situation. To file for divorce, you must meet the state’s residency requirements. There are a few different ways to meet the residency requirements. If you or your spouse has been living in Utah continuously for a minimum of two years prior to the initiating of the divorce case, then you will meet the residency requirements. Alternately, if you or your spouse has been living in Utah continuously for a minimum of one year prior to the initiating of the divorce case and you either got married in Utah, lived in Utah as a married couple, or the grounds for divorce occurred in Utah, then you will meet the residency requirements. Lastly, you can meet the residency requirements if both you and your spouse are residents of Utah the day the divorce is initiated and the grounds for your divorce occurred in Utah. How to Determine Which Court Has Jurisdiction Over Your DivorceCouples can only file for a divorce in the state and county that has jurisdiction to hear the case. However, you do not necessarily have to file in the state that issued your marriage license or even the one in which you currently live. The jurisdiction for your divorce case will depend on both spouses’ locations and how long each one has lived there. While the divorce process is much the same in every state, the specific rules and requirements vary depending on the jurisdiction. For example, you may be compelled to file your divorce in a specific state if: You do not meet residency requirements. Each state has a minimum length of time that a spouse must live there before he or she can get a divorce in the state. Usually, only one spouse will need to meet the residency requirement, and that spouse will have to file the paperwork for the divorce to be heard. If you move to Utah and do not meet the residency requirement, you may only be eligible to file in the state where you and your spouse cohabitated. Your spouse is first to file. If two different states are eligible to have jurisdiction over a marriage, the state that takes jurisdiction will be the state where a divorce petition is first filed. This could give the filing spouse an advantage in a contested divorce, since he or she will not have to travel as far to participate in hearings and the trial. The out-of-state spouse may also have to hire an attorney in the state where the divorce is pending instead of using an attorney from his or her home state. Your children live in another state. If your children attend school in the state where your spouse lives and your spouse meets residency requirements, filing in your spouse’s state may be less stressful for the children. However, you should understand the state’s requirements regarding child support, child custody agreements, and spousal support. How to File for Divorce When Spouses Reside in Different StatesWhile it is fairly common for someone to move to a different state once they separate from their spouse, doing so can present potential difficulties when formally filing for divorce and reaching final resolutions. All states require that the spouse who files for divorce be a resident of the state in which they file their divorce petition. The amount of time required for establishing residency varies from state to state, but generally ranges from six months to one year. Residency can be defined as having a physical presence as well as the intent to remain indefinitely in that state. You are allowed to work outside of the state while establishing residency, as long as you are actually living in the state in which you are trying to establish residency. If you and your spouse are now residing in separate states, then each of you maintains the right to file for a divorce in your current home states. As a matter of convenience, it may be best to file in your state before your spouse files in theirs; you may be required to travel there for divorce proceedings, as well as to arrange and change child support and custody orders, and property settlement agreements. Divorce ProcessOnce a divorce has been officially filed and your out-of-state spouse has been properly notified, the actual divorce proceedings will be similar to if both of you lived in the same state. Your divorce petition will be served to your out-of-state spouse, who will then have the opportunity to legally respond to the petition. The odds are that your spouse in another state will hire an attorney within the state that the divorce was filed because this will provide them with the best opportunity to contest the divorce. The out-of-state spouse will also have to handle their own travel expenses to your local courthouse if they are trying to participate in hearings and a potential trial. Differences in State LawsIf your divorce case is rather straightforward and both spouses have a mutual agreement for the overall material terms of the divorce, then it may not matter too much in terms of which state the filing occurred. However, state laws can make a big difference in a divorce proceeding in terms of some common issues, including child custody, spousal support, child support and the division of property. All states will have different child support formulas that determine how much one spouse will pay another. Also it’s important to know that there are some states that consider marital property as community property, which means the property will be split 50/50 automatically, whereas many other states will utilize an approach that pushes for equitable distribution. Full Faith and CreditThe Full Faith and Credit Clause within the Constitution asserts that courts must honor any divorce proceeding that is granted within another state because states must always honor any court orders that come from other states. But you must abide by all of the above stipulations in order for a different state to honor your divorce petition! What Do I Need to Do to File for Divorce If My Spouse Lives in a Different State?As previously mentioned, the first step will be to check your individual state’s divorce residency requirements. You can file for divorce in a state other than the state in which you are married, as long as you meet residency requirements. If you do not meet the residency requirements for the state in which you are attempting to file for divorce, your divorce complaint can be rejected. If both spouses file for divorce at the same time, which is referred to as concurrent filing, the general rule is that whichever petition is filed and served first will proceed to court. Therefore, if you wish to file in a state that is more favorable to you in the divorce, you should file as soon as possible to avoid the issue. Once you file, then make sure that your serve the papers to your spouse, which means that they are in-person (or as close as possible) notified about the divorce and have the papers for the divorce process in their hands. The actual divorce process will vary according to the state in which the divorce was filed, as well as property issues and child custody. Both parties must participate in all steps of the divorce process, and if any of the requirements for a legal divorce are not met, the validity of the divorce status could be affected. However, the process is typically the same once the initial petition for divorce has been filed by either spouse in the state in which they reside: Notification:The other spouse must be notified or served with the divorce papers; they then have twenty to thirty days to respond to the complaint. If they fail to do so, a judge will generally grant the petition. If the spouse cannot be located, such as if they moved to a different state without notifying anyone of their whereabouts, they may still be notified through “service by publication.” An example of this would be placing a notification in the newspaper. Temporary or Preliminary Hearing:This initial meeting is for the spouses, their attorneys, and the judge. A preliminary hearing is meant to resolve matters that need to be addressed immediately, which cannot wait until the actual trial. Examples of this include requesting temporary child support or custody, requesting exclusive use of the marital residence, and requesting instructions regarding insurance. Negotiations, Mediation, and Agreements:At this point the parties may attempt to solve their differences through negotiations, mediation, or other forms of alternative dispute resolution such as early neutral evaluation. Trial:Issues not addressed through negotiation must be addressed through trial. Each side presents their arguments as well as evidence in support of their requests. Trial is not always required, if the parties are amicable and are able to come to an agreement through mediation alone. Post-Trial Issues:Ideally, all issues will be settled during trial. However, additional legal issues may present themselves after the trial. Appeals and child custody adjustment are some common examples. The Pros and Cons of Filing for Divorce in a Different StateBecause each state has different laws regarding divorce and community property rules, it may be more advantageous to file for divorce in one state, as opposed to the other. Some common issues to consider include: Does the state allow for a no fault divorce?All states allow for some form of a no fault divorce, which are generally smoother cases. No fault divorces are essentially those in which the couple claims “irreconcilable differences” as the reason for divorce. However, some states still allow a spouse to allege that the divorce resulted from some fault of the other spouse. In such cases, the spouse’s misconduct may cause the court to award higher alimony payments, a larger share of marital property, etc. How does the state handle the distribution of property?Each state’s laws determine whether they follow community property distribution, or equitable distribution of marital property. In community property states, the marital property is divided evenly. In equitable distribution states, the marital property is divided in a way that is fair and appropriate. Once again, it is possible to file for divorce in a community property state even if the marriage is in an equitable distribution state; the only determining factor is residency. How does the state handle child support and alimony?Every state applies their own formula when calculating child support and alimony payments. Some states are stricter, whereas others are more lenient. As logistics are concerned, it may be more practical to file in your own state as opposed to letting the out of state spouse file for divorce. However, the out of state spouse may live in a community property state, which may be more advantageous. It is a good idea to do your research and decide which works best for you. Should I Hire an Attorney When Filing for Divorce from a Spouse Living in a Different State?The factors of your specific case will determine whether or not you should hire an attorney to handle your out of state divorce. A skilled and knowledgeable divorce lawyer can help educate you on your state’s residency requirements, as well as advise you in regards to which is the best state in which to file for divorce. Additionally, they will assist you fulfilling procedural requirements, and represent your interests in court while reaching a fair resolution. Couples will always break up in unique ways, but typically there will be a point in which a married couple will separate and live apart prior to completing their divorce settlement. When a separated couple lives in different states, the divorce settlement process can become somewhat more complicated. 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 Does Divorce Have To Be Filed In The Same State As The Marriage? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Still Pay Alimony If My Ex Gets Remarried? Does Child Support End Automatically At Age 18 Or Do I Need To File Paperwork? Absolute Divorce V.S Limited Divorce? Divorce Lawyer and Family Law Attorneys
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
{ Ascent Law LLC St. George Utah OfficeAscent Law LLC Ogden Utah Office
Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan Utahvia Ascent Law, LLC https://www.ascentlawfirm.com/does-divorce-have-to-be-filed-in-the-same-state-as-the-marriage/ When a marriage is over, the most common path people take is to file for a divorce to end things permanently. But in some cases, couples aren’t quite ready to take that final step. In many states, the law provides an alternative—a middle ground so to speak. When people talk about divorce, an absolute divorce is usually what they’re referring to. It’s called “absolute” because it’s the type of divorce that ends the marriage once and for all. In most states, the laws simply refer to “divorce” or “dissolution of marriage.” In an absolute divorce, the court (or the couple’s marital settlement agreement) will address all of the legal issues involved in ending the marriage, such as alimony, child support, child custody, and property division. Once the court has issued a judgment (or “decree”) of absolute divorce, the spouses no longer have any of the rights or privileges that arose when they got married. These include things like the ability to file a joint income tax return, the right to automatically inherit a share of each other’s estate, and the chance to obtain insurance benefits through the other spouse’s employer. In order to obtain an absolute divorce, you must meet your state’s residency requirements, and you must have “grounds” (acceptable legal reasons) for ending the marriage. The laws in some states use different terms including “dissolution of marriage” and “absolute divorce”—to mean basically the same thing as plain old divorce: a legal proceeding that will permanently end a marriage, along with all of the rights and privileges that come with marriage. Once a judge finalizes an absolute divorce, both spouses are free to remarry. You might also hear the terms “contested divorce” and “uncontested divorce.” These don’t refer to the effect of divorce—the legal end of the marriage—but rather to the process of getting there. In an uncontested divorce, the spouses have worked out a settlement agreement on the issues in their divorce rather than having a judge make the decisions for them. The agreement must at least include provisions for dividing the couple’s property and debts, alimony, and if they have minor children—custody, parenting arrangements, and child support. Without an agreement, couples will need to go through the process of getting a contested divorce which can be expensive, time consuming, and stressful. If you want the advantages of an uncontested divorce but are having trouble resolving your differences, divorce mediation could help you work through the stumbling blocks and come up with solutions. What Are Requirements for Absolute Divorce?Although the laws on divorce are quite different from state to state, there are basically three sets of requirements for getting a divorce: residency requirements, having an acceptable reason for divorce, and going through the proper legal steps. Residency Requirements for Absolute DivorceState laws have residency requirements for divorce to prevent people from filing for divorce in a state where they haven’t been living, just so they can take advantage of the laws in that state. These requirements also make it more likely that the legal proceedings will be in courts that are accessible to both spouses. Depending on the state, the amount of time you must have lived there before filing for divorce typically ranges from three months (in Colorado) to six months (in California, Utah Texas, and Florida). In some states, the residency requirement depends on the circumstances, including where you were married and where the reason for your divorce happened. Grounds for Absolute DivorceWhenever you file for divorce, you must state the reason you want to end your marriage and that reason must be one of the grounds for divorce allowed in your state. Historically, these grounds were based on a spouse’s misconduct (or fault), like adultery or desertion. But all state laws now include some variation of no-fault divorce, such an “irreconcilable differences,” “irretrievable breakdown of the marriage,” or separation for a certain amount of time. And several states allow only no-fault divorce grounds. If you want a divorce for a no-fault reason, you generally only have to check the appropriate box on your divorce papers, without providing proof. But some states (like Wisconsin) will require that you testify under oath about the breakdown in your marriage, and if your spouse disagrees, you might have to meet further requirements, such as a lengthy separation, before you can get divorced. Legal Steps for Getting an Absolute DivorceThe divorce process involves a number of legal steps, starting with filing the initial divorce papers (usually a petition or complaint, along with various other forms) and paying a filing fee. If you have a lawyer, your attorney will take care of all the paperwork and filing for you. But depending on your situation particularly if you have an uncontested divorce you might be able to handle it by yourself, or you can get help with the paperwork from an online divorce service. Generally, the spouse who starts the process will have to serve the divorce documents on the other spouse, who will have a certain amount of time to file an answer. In some states, you may skip these steps after filing for an uncontested divorce, when you’ve included the written settlement agreement signed by both spouses. At this point, the legal steps will depend on whether you have a contested or uncontested divorce, as well as the laws in your state and the particular circumstances in your case. For instance, you might be required to exchange detailed information about your finances, take a parenting class, or participate in mediation of certain disputes (especially unresolved disagreements about child custody). With contested divorces, you’ll go through the legal “discovery” process for gathering evidence, such as custody evaluations or real estate appraisals, and you might have several intermediate court hearings on issues like requests for temporary support or custody orders. Generally, the process will end with a final hearing, either a trial on any unresolved issues or a brief hearing when the judge will review your settlement agreement and ask you a few questions. But in some states, you might not have to attend a final hearing for an uncontested divorce. Instead, the judge will simply review your agreement and other paperwork, then will sign your final divorce decree if everything is in order. Many states have a mandatory waiting period before the judge may finalize your divorce, even when your case is uncontested. Limited DivorceFor folks outside the legal profession, the fact that there can be more than one kind of divorce may come as a surprise. A divorce is a divorce, right? Marriage over, drop the mic, move on. And that would be correct if you were talking about actually ending the marriage. But in a few states, something called “limited” divorce enters the picture. Does limited divorce mean that you’re kind of divorced? In one way it does, because a limited divorce has some of the same effects as an absolute divorce in terms of the rights and liabilities spouses have. The major difference between the two is that when a limited divorce is over, you’re still married. Unlike absolute divorce, you’re not free to marry anyone else. The reality is that “limited divorce” is actually akin to a court-sanctioned separation. In the states that have this option, you file your limited-divorce papers (known as a “complaint” or “petition”) with the court, the same way you would start an absolute divorce. Normally, there are similar rules, like meeting residency requirements and having grounds. And a limited divorce can usually address the same issues (custody and so on) that you find in absolute divorce. Only a few states, actually use the term “limited divorce.” Other states, like New Jersey and Virginia, refer to limited divorce as “divorce from bed and board.” On the whole though, most states that provide for limited divorce use the term “legal separation.” You should be aware that not all states allow limited divorce or legal separation, no matter what it’s called. And in states that do, there may be limitations on using it. Why Would Anyone Choose a Limited Divorce?A limited divorce can be just as time consuming, anxiety laden, and expensive (think legal fees) as an absolute divorce. So it’s reasonable to wonder why anyone would opt for it if you’re still going to be married when it’s over. Actually, there are a number of potential reasons. • Although divorce doesn’t have the stigma it once did, there are still people who are concerned about “how it looks,” In those circles, a legal separation may be more socially acceptable. Alternatives to Absolute DivorceMost couples don’t decide to end their marriage without first thinking about other options. Typically, they’ve already tried to repair the damaged relationship with individual therapy, couples counseling, or even a trial separation. If you’ve tried to work things out with your spouse and haven’t been successful, but you’re still not ready to jump on the divorce track, you may have other options. Many states offer couples the option to file for a legal separation, which is sometimes called “limited divorce” or “divorce from bed and board.” These different terms refer to a legal status that doesn’t end the marriage (and doesn’t allow either spouse to remarry) but allows judges to issue orders dealing with child custody, child support, alimony, and property division. Couples may also sign a separation agreement to settle these issues for themselves. Although limited divorce or legal separation is uncommon, it’s still available for couples who need it. For example, if you and your spouse practice a religion that prohibits divorce, legal separation or limited divorce may be your preferred option for living separate and apart, while continuing to be faithful to your church. For other couples, an absolute divorce may simply be too permanent of an option, but they still want to disentangle their legal and financial obligations. If you aren’t sure which option is right for you, it may be time to speak with a qualified family lawyer. You may have heard about “separation agreements,” sometimes called “divorce settlement agreements” or “property settlement agreements.” These are documents that are prepared and signed after couples have settled all their marital issues, usually with the aid of their lawyers or through mediation. In terms of whether a separation agreement is considered a legal separation, the answer can be a little confusing. As you saw above, a true legal separation is one that goes through the courts. If you live in a state with legal separation (or limited divorce) and you reach a separation agreement with your spouse, you typically will have to submit the agreement for a judge’s approval in order for the agreement to be part of the separation or limited divorce judgment. But in states without legal separation, the court doesn’t have to be involved with a separation agreement. That said, a separation agreement that’s properly signed by both spouses is a legally binding document. It’s essentially a contract between them. So if one spouse violates its terms, the other spouse can go to court to force compliance, just as you would with any breach of contract. (Except the case would be heard in family court rather than a general civil court.) The beauty of separation agreements is that if you eventually decide to file a divorce complaint, whether absolute or limited, the fact that you’ve already resolved all your issues will make the divorce process easier. The court will consider your case “uncontested,” and your separation agreement will become a part of the divorce judgment. 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 Absolute Divorce VS. Limited Divorce first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Still Pay Alimony If My Ex Gets Remarried? Does Child Support End Automatically At Age 18 Or Do I Need To File Paperwork? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/absolute-divorce-vs-limited-divorce-2/ In general, child support in Utah ends when the child turns 18 years old or graduates from high school, whichever occurs later. Additionally, if a child becomes emancipated prior to reaching 18 years of age and marries, joins the U.S. military, or is removed from disability status, child support will also stop. There are some cases in which the child continues to receive child support after turning 18 and graduating from high school, but either parent must show the court why child support should continue. For example, a child who has special needs and unable to independently support himself/herself financially can still receive child support past his/her 18th birthday. If the Office of Recovery Services (ORS) collects child support from you–often by withholding payments from your paycheck–such payments would automatically terminate. To be safe, send an email (with a read receipt request) to notify ORS your child’s 18th birthday or the date of your child’s high school graduation and ask ORS to stop income withholding at that point. If for whatever reason ORS continues to withhold payment, you have a record of your request to stop payment. If you are paying your ex directly, send him/her an email (with a read receipt request) informing your child support obligation will end when your child turns 18 or graduates from high school. The two most common, main triggers for the termination of court-ordered child support in Utah are: Is it possible to terminate court-ordered child support obligations in Utah before a child turns 18 or emancipates? Not really, unless you are willing to relinquish your parental rights and the other parent is willing to agree to that, and you can persuade a court to allow termination of your parental rights and obligations. And I know many of you have wondered about this, even if you’re afraid to admit it: if you think you’re in the clear if you managed to avoid paying child support until your child reaches the age of majority (i.e., 18 years), think again. Utah Code § 78B-5-202 provides that a child support order or a sum certain judgment for past due support may be enforced within four years after the date the youngest child reaches majority or eight years from the date of entry of the sum certain judgment. The longer period of duration applies in every order, and a sum certain judgment may be renewed to extend the duration of the order. When Do I Stop Paying Child Support?So, you pay child support in Utah for your kids. They’re fourteen and sixteen. You’re cool with child support (or you should be), but you want to know when will it end? Now, these are kids we’re talking about, so even when you stop paying child support, you won’t actually stop giving them money. But, at that point you can choose the when, the why, and the how much. And there’s something to be said for that. Let’s see what Utah law has to say about when you stop paying child support for your kids: 1. When a child becomes 18 years of age or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order. (Note: the language “normal and expected year of graduation” refers to kids who are held back a grade. So, if you get divorced, and then your kid has to be held back a year, you don’t have to pay child support during that extra year of high school.) The most common event, by far, that stops child support is a child turning eighteen or graduating from high school. Child Custody, Parent-Time, Child Support, Spousal Support, Property and Debt DivisionDivorce is one of the most complex legal actions anyone can engage in. It affects parental rights, property rights, income, taxes, insurance, retirement, and may even affect certain freedoms. Also, there are exceptions to almost every general rule. For these reasons you should always consult an attorney about your specific situation. The following information is presented for educational purposes only. Utah JurisdictionBefore filing a Divorce Complaint or beginning any action involving custody of children, the petitioner must ensure Utah has jurisdiction to hear the case. For divorce, one of the parties must be living in Utah for at least three months immediately prior to filing. Also, for jurisdiction over anything but the marriage, both parties must have lived in Utah as a married couple or the respondent must have committed an act in Utah that led to the divorce. In other words, after three months Utah can grant a divorce, but cannot issue orders regarding alimony, property, debts, etc., unless both parties lived in Utah as a married couple or the respondent committed an act in Utah that led to the divorce. Regarding children, Utah has jurisdiction over children if both parents live here, one parent lives here and the children have lived here for at least six months prior to filing, one parent lives here and the children have not lived outside of the state for more than six months, or both parents consent to Utah having jurisdiction. There are exceptions to these general rules in emergency situations. Child CustodyChild custody is determined based on a best-interest analysis. In other words, what type of custody arrangement is in the best interest of the children. This can include sole custody to one parent, joint custody, or split custody, meaning one child lives with one parent and another child lives with the other parent. There are two types of custody in Utah, legal and physical. Legal custody involves making life decisions for your children. For example, medical, religious, educational, and other types of major life decision will be made be the parent with legal custody. Utah law creates an automatic presumption that joint legal custody is in the best interest of the children. Meaning both parents will maintain a say in major life designs for the children. This requires the parents to communicate with on another and make decisions together. The presumption that joint legal custody is in the best interest of the children can be overcome if one parent has problems that prevent him or her from acting and making decisions on behalf of the children. Physical custody simply refers to which parent the children will live with most. Generally, parents will share joint legal custody and one parent will be awarded primary physical custody. There can, of course, be variations if the situation warrants it. For example, one parent can be awarded sole legal and physical custody, the parents can be awarded joint legal and joint physical custody, or the parents can be awarded split custody, meaning each parent has primary physical custody of at least one child. The factors to determine which custody arrangement is in the best interest of the children are extensive. They include which parent is the primary caretaker of the children, which parent has a stronger bond with the children, the children’s preference, existing custody arrangements (both formal and informal), and the parent’s willingness and ability to act as custodial parent. Often, a judge will request the help of a professional custody evaluator before making a custody determination. This evaluator will come into both parents’ homes, interview them and the children, and write a report giving his or her professional opinion about which custody arrangement is best for the children. Below are the basic rules and Utah statutory sections detailing the factors used in determining custody: Rules of Judicial Administration 4-903: The purpose of the custody evaluation will be to provide the court with information it can use to make decisions regarding custody and parenting time arrangements that are in the child’s best interest. This is accomplished by assessing the prospective custodians’ capacity to parent, the developmental, emotional, and physical needs of the child, and the fit between each prospective custodian and child. Parent-Time, VisitationParent-time, or visitation, is awarded to the parent not awarded primary physical custody of minor children. Utah law has a minimum parent-time schedule that can be awarded in most situations, with the hope the parents can work together on a more frequent schedule that works best for them and the children. If the parents are living within 150 miles of each other, the minimum parent-time is every other weekend from Friday evening to Sunday evening, and every Wednesday evening for approximately three hours. The parents will also rotate major holidays and one-half of the summer break. If the parents are living more than 150 miles from one another, the minimum parent-time includes one weekend each month and extended holidays such as Spring Break, Fall Break, Christmas, and one-half of the summer break. If the children are under five years old, minimum parent-time is less-frequent to accommodate the children’s younger age. This ranges from just a few hours a week to one overnight a week depending on the ages involved. There are numerous other arrangements that can be agreed to by the parents or can be ordered by a judge. This can include a more specific parent-time schedule to accommodate a specific work schedule, supervised or restricted visitation for a parent with an alcohol, drug, or violence problem, or a complete cessation of parent-time if it is determined such an order is in the best interests of the children. Child SupportIn Utah, child support must be ordered in every divorce involving minor children. In fact, child support should be paid as soon as parents separate, even before an order is entered by the court. Of course, knowing how much should be paid is always the issue. Generally, both parents’ incomes are factored into the support table that has been created by the Utah legislature, and the support figure is automatically generated from there. What should be included as “income” has also been defined by the legislature, and simply includes the equivalent of one, full-time job. Seasonal work or regular overtime pay can be included in certain situation. Also, if a parent has no income he or she will generally be imputed at least a full-time minimum wage for calculation purposes. Other factors that affect the child support calculation include child support or alimony being paid to or from a former spouse, other children living in either parent’s home, and if there is a split or joint custody arrangement. A child support order generally lasts until the children are emancipated, meaning reach 18 years old or graduates from high school, whichever is later. If there is more than one child under the support order, the support figure should be adjusted as each child is emancipated. The new figure is simply calculated by using the same income figures listed in the most recent court order, but with one less child. If the parents’ incomes have changed since the last order, a Petition to Modify should be filed so the judge can adjust the income figures and child support order. 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 Does Child Support End Automatically At Age 18, Or Do I Need To File Paperwork? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Still Pay Alimony If My Ex Gets Remarried? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/does-child-support-end-automatically-at-age-18-or-do-i-need-to-file-paperwork/ There are several ways to terminate alimony early in Utah. First, Utah law provides that alimony “automatically terminates” when the receiving spouse gets remarried or dies. For example, having a shared residence for more than a brief period, sexual intimacy, sharing household expenses and financial accounts, making important decisions together, being free to come and go from their shared residence whenever they please, etc. It must be much more than a mere dating relationship coupled with adult sleepovers. The Utah Supreme Court has also clarified that because the statute says you must prove your ex-spouse “is” cohabitating that means you have to prove current cohabitation; not that your ex cohabitated in the past but stopped doing so before you came to court. For this reason it is important to gather as much evidence supporting a cohabitation claim before going to court and not to give your ex-spouse any reason to think you will be filing a petition to terminate alimony before you actually file it. Third, you may be able to terminate or reduce alimony if you can show a substantial, material, and unforeseeable change in circumstance has occurred since the original alimony order went into effect. Such changes may include unanticipated changes in employment/income for either spouse, medical issues, moves, retirement, etc. The change must be “substantial” meaning the fact one spouse receives a $2 per hour pay raise probably would not cut it, but if a spouse lost a major business client that cut their income by a 1/3 that would likely constitute a substantial change in circumstance. Another key element you have to establish however that is the change in circumstance was not foreseeable when the original order went into effect. That means if the change in circumstance could reasonably have been anticipated at the time the original order went into effect you cannot modify it. For example, if the receiving spouse is still in college when they are awarded alimony the fact they subsequently graduate would not be considered an unforeseen change in circumstance. If you are able to establish a substantial, material, and unforeseen change in circumstance then the Court may allow you to relitigate the issue of whether to award alimony and, if so, how much and for how long. Fourth, a divorcing couple can agree to terminate alimony early on. This is not common as you might imagine. But sometimes spouses work out deals to trade property in return for an early termination date or reduced monthly payment. Or the paying spouse might offer the receiving spouse a lump-sum payment in return for alimony going away right now. And on some occasions the parties may agree to dispense with alimony if the paying spouse has custody of their children in which case it does not make sense to pay alimony if the receiving spouse has to give it right back in the form of child support. Spousal support can change hands for a short period of time, or the paying spouse may have to pay the receiving spouse until one passes away. When a court orders spousal support, these are the factors the judge must consider: Why One Party May Have to PaySpousal support is typically only meant to help the lower-earning spouse to get on his or her feet. A judge may order it for a few years or longer, depending on the amount of time it should take for the other party to become self-sufficient. In cases where one spouse stayed home to care for the children and the home while the other was the only income-earner, the court may award the stay-at-home spouse alimony so that he or she can gain the skills necessary to get a job and be competitive in the labor market. Likewise, in cases where one spouse stayed home to “hold down the fort” while the other went to school or furthered his or her career, the judge may order spousal support. If I Get Remarried, Do I Still Have to Pay Alimony?When you remarry someone after a previous marriage, you’re still obligated to pay alimony to your former spouse. (Only if you have a court order, though otherwise, you aren’t legally obligated to pay spousal support.) However, if your former spouse remarries the one to whom you’re paying alimony – your obligation most likely ends. How Long Do You Have To Pay Alimony?You have to pay alimony for as long as the judge orders it. Most spousal support orders come with conditions that will terminate spousal support. For example, if the receiving spouse remarries, he or she won’t be entitled to spousal support payments any longer; there’s a new spouse in the picture who can contribute to that person’s income. You can ask the judge in your case to modify your spousal support order, though, even if none of the conditions that would ordinarily stop alimony payments have been met. You must show the court that circumstances have changed significantly. For example, if your income changes drastically and you can no longer afford to pay, you can petition the court to change your order. If the supported spouse moves in with someone, or if he or she starts making a lot more money, you can also ask the court to change your order. Your best bet is to consult with an attorney if you want to change the amount of spousal support you must pay. Do You Need to Talk to a Lawyer About Spousal Support?Alimony has existed since ancient times. It developed to protect ex-wives raising minor children following separation from their primary economic providers, i.e., husbands. Traditionally, women had limited occupational opportunities outside the household necessitating continued financial support from ex-spouses. Once a woman remarried, however, her new husband became responsible for her financial wellbeing, and her ex-husband could lawfully cease spousal support payments. Utah follows this traditional rule despite the declining popularity of long-term spousal support awards. If one spouse remarries or registers a domestic partnership in California, conventional alimony obligations terminate. A family law firm may review any applicable alimony orders and martial settlements to determine whether you may lawfully cease spousal support payments. Types of Alimony Subject to Remarriage Termination ProvisionsUtah permits divorcing partners to negotiate private spousal support agreements or request court-ordered alimony. Judicial orders may provide for lump-sum awards, short-term support, or perpetual support payments. Short-term alimony helps lower-income spouses reestablish themselves in the workforce and usually expires via court order before the receiving spouse remarries. Likewise, lump support awards generally vest upon entry of the divorce decree. Remarriage most often impacts long-term or perpetual alimony agreements and awards. Under Utah Family Code, spousal support payments automatically terminate upon the receiving party’s remarriage unless otherwise agreed to in writing. Remarriage, therefore, will override judicial alimony orders in Utah. A subsequent marriage also terminates spousal support obligations outlined in divorce settlements unless the contract expressly provides that the support continues after the receiving party’s remarriage. An attorney can review your divorce settlement agreement to determine whether you may lawfully cease paying spousal support in Utah. Special Rules Applicable to Ending Spousal Maintenance PaymentsAlimony atomically ends upon the receiving spouse’s lawful remarriage without any action necessary on the payer’s part. The law requires the receiving spouse to notify the obligor of the remarriage. Failure to do so requires the remarried spouse to refund all alimony payments made following the remarriage, minus arrears. The following special rules also apply to spousal support and related obligations following the receiver’s remarriage: Ex-spouses notified of a pending remarriage should always speak with a spousal support lawyer before ceasing alimony payments. Receiving spouses often hide their remarriage to avoid family conflict or recover additional payments. As such, obligors often receive information about the nuptials from their children, friends, or third parties. Continue paying alimony until you receive confirmation of a lawful remarriage from your ex-spouse or public database. You may recover overpayments, and potential sanctions, in court, but judges will not generally excuse missed payments based on secondary information. Petitioning to Terminate Alimony Upon an Ex-Spouse’s RemarriageMany couples live in marriage-like relationships without entering into a legal marriage or registered domestic partnership. Spousal support does not automatically terminate in such cases, but courts may consider modifying or terminating alimony based on these changed circumstances. Cohabitation in a marriage-like relationship often qualifies as a substantial change supporting court-order termination of spousal maintenance awards under Utah Family Law. During the pendency of spousal support terms, paying spouses may petition for an order to cease alimony payments or demand recalculation. Obligors typically request orders demanding their ex-spouses to show why the court should not terminate support due to changed economic circumstances. Obligors must generally include admissible evidence supporting their termination petitions, which may include the following: The court may order the ex-spouse to provide updated expense reports or reveal information about his/her finances and relationship. If the judge terminates or modifies alimony based on cohabitation, the obligor may request reimbursement for support paid after filing the modification/termination petition. The obligor might even request a refund if the ex-spouse hid a relationship or failed to report substantially changed circumstances to avoid reduced alimony. Prohibition on Reviving Terminated Spousal MaintenanceIn rare cases, the receiving spouse will innocently remarry only to discover she entered into an unlawful marriage. She may also quickly regret her remarriage and lawfully petition for an annulment. Unlike divorce, annulments void the remarriage. Utah law also automatically terminates certain prohibited marriages. One spouse may cease support obligations following the receiving spouse’s remarriage in such cases but face post-annulment demands for continued support payments. Utah does not allow the receiving ex-spouse to revive spousal support following remarriage despite subsequent annulment or legal invalidity. If receiving spouses participate in marriage ceremonies, they waive future support obligations from their ex-spouses. The ex-spouses may freely rely upon the new marriage’s validity and cease alimony payments in most circumstances. Does Cohabitation Impact Alimony?Every state’s legal definition of cohabitation varies. States that are silent on a definition agree that cohabitation exists when two people live in the same home in a marriage-like relationship, sharing expenses, without being legally married. What Happens When a Supported Spouse Cohabitates with Someone New?Although most states have clear rules terminating alimony when the supported spouse remarries, what happens if your ex-spouse is in a relationship but not married? The court may still terminate alimony, but it depends on where you live and your case’s specific circumstances. Most states will reduce or terminate alimony if cohabitation significantly decreases the recipient’s need for support. For example, suppose you pay monthly alimony to your ex-husband, and he’s living with a new partner who is unemployed and broke. In that case, the court may not terminate your obligation to continue supporting your ex-spouse. Other states will terminate alimony, regardless of whether the cohabitation impacts the recipient’s economic status. For example, in one Utah case, a husband asked the court to end support payments after discovering that his ex-wife was cohabitating with a new partner. The court evaluated several factors when determining whether the cohabitation resulted in a marriage-like relationship, including: In this particular case, the ex-wife and her new partner spent every day together for over 2 years, spent holidays together, shared finances and meals regularly, and discussed marriage (but decided against it for financial reasons.) The court ruled to terminate the supporting spouse’s obligation for alimony, and a higher court agreed. In those states that do not have laws or court decisions that specifically address the impact cohabitation might have on alimony, it’s difficult to predict how a judge will rule. Regardless of state law, if you and your ex-spouse have made an agreement that support or alimony won’t be affected by the person who receives it living together with someone new, your agreement will stand. And bear in mind that the person requesting a change in alimony or support payments is the one who must prove that an ex-spouse’s situation has changed significantly. 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 Do I Still Pay Alimony If My Ex Gets Remarried? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Need An Attorney To Adopt A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-still-pay-alimony-if-my-ex-gets-remarried/ Spousal support—also called “alimony” or “maintenance”—isn’t automatic and isn’t ordered in every divorce. On the other hand, it isn’t exactly rare either. If you’re planning to request alimony, or you think that your spouse might ask for it, you’ll want to understand what alimony is and how judges decide to award it before you divorce. Many states define “alimony” as a court-ordered payment made by one ex-spouse to the other. Courts can also award temporary spousal support while a divorce is pending. Judges award alimony in to try to equalize the financial resources of a divorcing couple. When deciding whether to award alimony, a judge will consider whether one spouse has a demonstrated financial need and if the other spouse has the ability to pay. Judges usually award alimony in cases where the spouses have unequal earning power and have been married a long time. For example, a judge isn’t likely to award alimony if the couple has been married for only a year. In fact, some state laws allow alimony awards only when the couple has been married for a certain amount of time. How Does Alimony Work?Although judges have to follow state law in deciding whether alimony is appropriate, they usually have a lot of discretion in deciding when and how someone has to pay it. An alimony award can be temporary—to support a spouse only while the divorce is pending—or a permanent award that’s part of a divorce decree. Alimony payments can be in the form of: In general, lump-sum alimony awards and alimony in the form of a property transfer are non-modifiable, meaning they can’t be changed later and can’t be terminated or undone. Periodic alimony payments may be changed when there’s a significant change in one or both of the spouses’ circumstances. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other (the “supported” or “dependent” spouse) each month. A periodic or monthly alimony award will end on a date set by the judge, or when one of the following events occurs: As with most issues in your divorce, you and your spouse can negotiate and reach an agreement about the amount of alimony and length of time it’ll be paid. How Courts Decide AlimonyEvery state has its own guidelines on what judges should consider when deciding whether to award alimony. Most states require judges to evaluate: If you’re the spouse asking for support, the court will look closely at your current income or ability to earn if you aren’t currently working. When the supported spouse has been out of the workforce or has been underemployed (has an opportunity to work full or part-time but chooses not to) for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent. For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse’s career, a judge will examine the medically trained spouse’s future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce. For example, a judge might require a spouse who has a part-time job that doesn’t pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order (or the paying spouse might request) that an expert called a “vocational evaluator” make a report to the judge on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then compare the spouse’s qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn. Not every former spouse receives alimony, which is also called spousal support or maintenance. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it. Spousal support may be temporary, such as when a former spouse needs time to get back into the job market, brush up on skills, complete an educational program, or raise the children; or permanent, such as when a spouse may never become self-supporting due to age or disability. Your answers to the questions below can help you and your lawyer determine whether you’re a candidate for alimony (and if so, how much), or, conversely, whether your soon-to-be-ex spouse is, such that you will be liable for spousal support payments. Length of Marriage and AlimonyIf you are not sure whether alimony will come into play during your divorce, know that longer marriages usually involve this kind of spousal support, though some shorter marriages also warrant alimony. Your divorce lawyer should be able to let you know how likely it is that alimony will be involved in your case. Once it is decided that you will pay or receive spousal support, you may wonder how long it will continue. This varies from one case to another since it depends on the circumstances. Alimony is usually only paid until the recipient remarries or is cohabiting with a new partner. However, if the recipient never remarries, alimony usually has to be paid for the lifetime of the paying spouse. Amount of AlimonyThe amount of alimony depends on many factors. In most cases, the income of both spouses will be taken into consideration. If one spouse is making a lot more money than the other, he or she will likely have to pay alimony so that the two incomes are nearly equal. The bills of each person will usually also be considered, in addition to other factors of the case. If you are unsure if you will receive or need to pay alimony, realize that some couples are more likely to have to include spousal support than others. For example, if you have children, which required one spouse to stay home and care for them instead of going to school or working, the other spouse will likely need to pay both alimony and child support. Similarly, if one spouse cannot work much or at all due to a physical or mental health problem, the other spouse will probably have to pay alimony. In general, alimony is usually determined after figuring out the earning capacity of each spouse. If one person is likely to make much more money than the other, alimony will probably be considered. This is especially the case if the marriage kept one spouse from making more money, perhaps due to frequent moves for the other spouse’s job, or other circumstances that caused a hardship. Whether you are worried about having to pay alimony, or hope to get it from your former spouse, you will likely need the help of a lawyer to get the results you desire. Otherwise, you might end up with less money than you can comfortably live on. Types of AlimonyAs most people know, alimony is a type of obligatory payment made following a divorce, based on the idea that married couples have a duty to support one another a duty which may not end with marriage. Alimony payments are made because a couple’s obligation to one another has been deemed to extend after the marriage itself ends. Support payments are traditionally assessed by need; that is, which spouse has a lower earning potential and therefore is entitled to spousal support. However, what many people do not know is that there are actually several different types of alimony, which vary in a number of key areas. The four major types of arrangements are temporary, rehabilitative, permanent, and reimbursement. Many spousal support agreements combine multiple types of alimony when considering the sum total to be paid. Permanent AlimonyPermanent alimony is perhaps the one most engrained in the public consciousness. This form of spousal support is usually paid to the spouse who is earning less money, and is paid until the death of the paying spouse, the death of the paid spouse, or the remarriage of the paid spouse. Usually, one spouse has to be earning a reasonable amount less than the other in order to warrant permanent alimony. Temporary AlimonyTemporary alimony is not a short-term form of permanent alimony, but is rather paid while the divorce is pending and the couple is legally separated. This form of support is also called pendente lite, or “pending the suit.” Like in a permanent arrangement, temporary alimony is meant so that a spouse may maintain is or her lifestyle. Rehabilitative AlimonyUnlike permanent alimony, rehabilitative alimony is issued for a relatively short period. It is meant to provide a spouse with the money he or she needs to acquire job training, experience, or education in order to become more self-sufficient. It is meant to help raise a former spouse’s income potential and thus decrease his or her need for spousal support. It is commonly given to mothers of small children so that they can stay home with the children until they reach school age. Reimbursement AlimonyReimbursement alimony is paid to reimburse a former spouse for an expense. For example, if you worked to help put your former spouse through college, you may be entitled to reimbursement alimony to repay you. This type of spousal support may be paid over time, or in a lump sum. Reasons to Hire an Experienced Family Law AttorneyThere are few areas of law were the day-to-day work of a lawyer has more impact than in a divorce case. Even if you are considering divorce mediation, working with a family law attorney can make a difference in your future. If you are considering filing for divorce, it may feel overwhelming. Even if you understand the divorce process, there are many decisions to make. How do you agree on a workable child custody and visitation plan? How do you file court paperwork? It can take an emotional toll on you and your entire family. That’s why hiring an experienced family law attorney is often in your best interest. This article explains the reasons to hire an experienced family law attorney when embarking on a divorce. Experience Assessing Divorce OptionsTo grant a divorce, several issues must be settled: Experienced family law attorneys can give clients a good idea at the outset of their case on the best course of action. They have seen issues resolved in negotiation, mediation, and court. They will have a good idea of how best to ensure your goals are achieved. ObjectivityAs an outsider to your divorce, your attorney can be objective about your case. When emotions are running high, a client may be tempted to go for a quick resolution. They just want to get it over with. Your divorce lawyer knows you will live with this outcome for years to come. They want to ensure you make the best decision for the long term. For example, your attorney may counsel you to wait for a more fair and equitable division rather than accept a quick settlement agreement on property division. Paperwork and Red TapeAs with any case that goes to court, a divorce case involves a lot of paperwork, process, and deadlines. An experienced attorney can work through the maze of paperwork so that you can get on with your life. Experts and ConsultantsWhen a divorcing couple has wealth, a family business, or extensive property, a family law attorney may bring in experts. This team of experts and consultants could include business valuators, forensic accountants, and QDRO experts. Accessing experts may add to the cost of a divorce, but they tend to work quickly. The information they provide can support arguments on the financial aspects of a divorce trial. They can also ensure a fair and equitable settlement agreement. Alternative Dispute ResolutionAn experienced family law attorney may advise you to try an alternative dispute resolution process. Using mediation or collaborative family law often saves time and money. It can also protect the positive working relationship between the couple. That may be important for parents who will be co-parenting in the future. Experience Working with Other LawyersAn experienced family law attorney can deal effectively with opposing counsel. From the early exchange of information (the “discovery” process), through settlement negotiations, to family court, lawyers speak the same language. Trust your attorney to be able to work effectively to resolve differences. Favorable Settlement AgreementsFamily law attorneys work hard to reach the best divorce settlement agreements for their clients as early in the divorce process as possible. Family Court ExperienceIf a trial becomes necessary, an experienced family law lawyer can zealously represent you in court. They may be familiar with all of the family court judges who work in their area and how those judges have ruled on similar issues in the past. This can be useful when advising clients on how the court will view their case. Hire an Experienced Family Law Attorney for Your Divorce TodayYou don’t have to go through the process of divorce alone. Hiring an experienced divorce attorney can provide peace of mind. You will receive sound legal advice on each step of the divorce process. Expert guidance can help you achieve the best possible outcome for your case. Start the process today by contacting an experienced divorce attorney near you. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Do I Qualify For Alimony? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Do I Need An Attorney To Adopt A Child? Can I Adopt My Spouse’s Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-qualify-for-alimony/ Stepparent adoption is a formal court process that allows a biological parent’s spouse to adopt the spouse’s child. When the court finalizes a stepparent adoption, the child will receive a new birth certificate with the adoptive parent’s name listed in the biological parent section, and if desired, will also take that parent’s last name. Stepparent adoption is the most common adoption procedure in the country because the process is more streamlined and less complicated than other forms of adoption. For example, most adoptions require a home study, which can take several months to complete, but some states waive the home study in stepparent adoptions. Getting Parental ConsentAlthough the stepparent adoption process may be easier in many respects, the most challenging task can be obtaining the other birth parent’s consent. Some biological parents consent to the adoption because it’s in the child’s best interest. Others may agree because it will extinguish their obligation to pay child support once the adoption is final. In an ideal situation, the noncustodial biological parent will agree to the adoption, and you can file a joint request. However, it’s often challenging to get parental consent to adoption because this means giving up all rights to a child. Generally, a complete termination of parental rights means the biological parent: If you have trouble reaching an agreement, or the other biological parent won’t consent, you will need to ask the court to terminate the other bio parent’s rights. The judge will not allow the adoption to proceed unless there’s a valid reason to terminate parental rights, like abandonment, unfitness, or a history of child abuse. Asking the Court to Terminate Parental RightsIf your child’s other birth parent will not consent to the adoption, or if you can’t locate the parent, you can ask the court for help. The court’s primary concern is what’s best for the child, and you can demonstrate that stepparent adoption is best for your child is a variety of ways. However, because termination of parental rights is absolute, the burden of proof is very high, and the court will only allow the adoption to proceed if it’s certain that it’s best for the child. AbandonmentYou may feel hopeless during the adoption process if the other parent is absent and you can’t obtain consent. However, the stepparent adoption process can continue if you can prove that the parent hasn’t had contact with the child or hasn’t exercised parental rights for the child. Every state’s abandonment laws vary, but most states require at least one year to pass where the parent has failed to support or communicate with the child. In cases where the parent pays child support, but doesn’t see the child or exercise any other parental rights, the termination process may be more complicated. UnfitnessIf the other parent has a history of child abuse, is addicted to drugs or alcohol, or is incarcerated, the court will conduct a hearing to determine if it’s in the child’s best interest to let that parent continue to exercise parental rights. In these types of cases, if the biological parent’s spouse is stable and committed to providing the child with a better life, the court may involuntarily terminate the other parent’s rights and allow the stepparent adoption to continue. Paternity IssuesIf the absent parent is male, you can terminate his rights if you can prove to the court that he is not the child’s biological parent. Every state has varying laws regarding who is presumed to be the biological parent, so it’s critical to understand what the law is in your state. For example, in Michigan, if an opposite-sex couple is married when the child is born, the court automatically presumes that the woman’s husband is the father, so the child’s birth certificate will reflect that the husband is the biological father. If either spouse later discovers that the presumption is incorrect, the parent will need to meet the state’s requirements (within the required period), to rebut the presumption. If you can show that the other biological parent doesn’t meet your state’s requirements for presumed parenthood, the court can terminate that parent’s rights, and you can move forward with your stepparent adoption. However, if the other biological parent doesn’t consent and demonstrates that the presumed parenthood is accurate, you’ll need to either obtain consent from the other parent or ask the court to terminate parental rights by proving abandonment, unfitness, or any other state-approved standard. Stepparent Adoptions and Same-Sex MarriageIn 2015, the United States Supreme Court (USSC) overturned the ban on same-sex marriage making it legal in all 50 states. Prior to this, couples living in states where same-sex marriage wasn’t legal could not petition the court for stepparent adoption, even if both biological parents consented. Tragically, this meant that if the biological parent died, the child would likely end up living with strangers instead of the other (non-biological) parent. Presently, however, if you’re legally married to a same-sex partner, you have the same rights to stepparent adoption as opposite-sex couples. But you’ll need to meet the same requirements as other couples. It’s common for same-sex couples to have children using sperm or egg donors, and the donors typically sign away parental rights, which eliminates the sometimes monumental task of obtaining consent in a stepparent adoption. On the other hand, if one biological parent has a child with an ex-partner or ex-spouse, you’ll need to obtain consent or go through the court process of terminating parental rights before you can finalize your adoption. Stepparent and Second-Parent AdoptionsIn a stepparent adoption, a parent marries someone other than his or her child’s other parent, and the new spouse adopts the child. When the adopting couple is married, the adoption is usually readily approved. These adoptions usually don’t cost much and may not require a home study by a social worker. The equivalent process for unmarried couples is called “second-parent adoption.” When the adopting couple is unmarried, the cost may be higher and a social worker home study is almost always required. In addition, a number of states still frown upon second-parent adoptions when the couple is unmarried. If you are considering one of these adoptions, you’d be wise to consult with a local family law attorney to get an evaluation of your rights. Keep in mind that if you don’t adopt your partner’s biological child, you risk losing access to the child if you and your partner separate. A child cannot be adopted without the consent of both parents, unless one parent has failed to establish a parent-child relationship with the child or has abandoned the child. If the noncustodial parent is the father, the social service agency will determine whether his consent is needed before a stepparent or second-parent adoption can take place. A father who signs a paternity statement, provides support (if he can), and maintains a relationship with his child, can probably prevent the child from being adopted by someone else. In addition, especially if the child is a baby and the father has had little opportunity to support or visit the child—or has been prevented from doing so by the mother—he may be able to prevent the stepparent or second-parent adoption and petition the court to obtain visitation. If the noncustodial parent is the mother, the social service agency will have to obtain her consent or recommend that her parental rights be terminated. Unmarried mothers without custody must pay support if they can and visit the child or face losing the child to a stepparent or second-parent adoption. Remember, once a person does formally adopt a child, that person has all the legal rights and responsibilities of a biological parent, whether the adopting parent is a partner who legally adopts the biological child of an unmarried partner or part of an unmarried couple that jointly adopts a child. Benefits of Adopting Your StepchildrenAdopting a stepchild is a voluntary act, and not all stepparents adopt their spouse’s children, but doing so can bring about some extraordinary benefits in the lives of the stepchild, the stepparent, and the spouse of the stepparent. Here are three primary benefits of adopting your stepchild. You Will Have the Right to Make Decisions and Be Involved in Your Stepchild’s LifeIf you are a stepparent of a child but have not adopted the child, then you are not considered the legal parent of that child. This means you do not have the legal rights and responsibilities associated with being a parent of the child, such as being able to take part in decisions relating to that child’s welfare or upbringing. Furthermore, the child’s other biological parent (not the one you are married to) may indeed have some rights with regard to important decisions on the child’s behalf that you do not, such as taking part in making educational, medical, and religious decisions. You may also lack the ability to do things such as visit the child in a hospital or accompany the child to certain places if you are not an adoptive parent. Finally, if your marriage ends or your spouse dies or becomes incapacitated, without an adoption you may no longer have any right to be involved in the child’s life and full custody may go to the spouse, the other biological parent, or even a grandparent instead. By taking steps now to adopt a stepchild, you can avoid these outcomes and gain the full legal rights of parenthood. You Can Minimize the Influence of a Difficult Biological ParentIn a stepparent adoption, the parental rights of the other biological parent not living with the child will be terminated. What this means is that the other biological parent will no longer have rights to shared custody (if any previously existed) or visitation, and thus that parent will not have the ability to obtain a court order to interact with or otherwise influence the child. This termination also ends any child support obligations. Although there are plenty of scenarios in which a noncustodial biological parent is either a positive or neutral influence on a child’s life, in all too many cases they are an unwanted influence on a child due to behavioral issues, drugs and alcohols, disagreements with how the child should be raised (e.g. religious or educational matters), and so on. Although you and your spouse remain free to voluntarily allow a biological parent to remain connected with the child, with a stepparent adoption you will also have the ability to avoid any and all contact between the child and that parent. You Can Demonstrate Your Ongoing Devotion to Your StepchildAside from the legal rights that you will gain as a parent, legally adopting your stepchild is a vivid and real demonstration of your ongoing devotion to your stepchild. What you are saying to your stepchild, your spouse, and the world is that you are pledging to care for that child as your own, and that that stepchild can grow up knowing that, no matter what happens, he or she will have the security of being able to count on you as a supportive parent. Stepparent Adoption FAQ’sI want to adopt my spouse’s children. How difficult is it to adopt stepchildren? It is generally not as difficult as other types of child adoption but there are still steps that must be taken. In a stepparent adoption where the child already resides in the household with a birth parent and the stepparent, some of the home visit requirements may not apply. The main issue that most stepparents adopting a stepchild face is obtaining consent from the other birth parent. Do I Need Consent From The Birth Parents To Adopt My Stepchild? Yes. In all stepparent adoptions, the consent of both birth parents is required. However, if a birth parent’s parental rights have been terminated, then that birth parent’s consent is not required. Getting consent from the other birth parent is often difficult because it means that the birth parent is giving up all parental responsibilities. If the birth parent doesn’t have a relationship with the child, the stepparent may have an easier time getting consent. If The Other Birth Parent Does Not Consent, Can Their Rights Be Terminated Anyway? There are ways to terminate the other birth parent’s parental rights, which would eliminate the requirement of their consent. Parental rights can be terminated if you can prove the other parent: 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 Can I Adopt My Spouse’s Child? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Need A Lawyer For My Family Law Issue? Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Do I Need An Attorney To Adopt A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-i-adopt-my-spouses-child/ According to general adoption laws, the term “adoption” can be defined as a legal process in which a court establishes the rights and obligations between a child and adoptive parent in accordance with state adoption laws. Adoption also creates a parent-child relationship between persons who are not biologically related. There are some exceptions, however, such as if a blood relative like a grandparent decides to legally adopt a child as their own. In most cases, an adoption occurs because a person or couple may want to have a child, but for whatever reason (e.g., medical condition etc.), they are not able to and thus will decide to adopt a non-biological child instead. Adoptions are extremely beneficial for both the person and persons looking to adopt a child as well as for the child who is adopted. Under the law, the adopted child and parent are legally recognized as family. What Is the Effect of an Adoption?As discussed above, an adoption establishes a parent-child relationship between the adopting parent and the child who is adopted. This means it is as if the adoptive parent is the child’s biological parent. Thus, once an adoption is approved, the adopting parent will gain all of the legal and physical parental rights that are granted to biological parents under the law. Conversely, the same will be true, meaning that the child will gain all of the privileges, rights, and legal obligations that a child or heir would have in a biological relationship. For example, the adopted child would obtain inheritance rights under the law. Additionally, an adoption also means that the biological parents will give up their rights over the child. For instance, a biological parent who gives their child up for adoption will not be allowed to instruct the adopting parent on how to raise their child. The adoption process terminates those rights and transfers them to the adopting persons. Who Is Allowed to Adopt?Anyone who meets their state’s minimum adoption requirements will be allowed to adopt a child in that state. For instance, it does not matter if the person is single or married, or already has children or not; it only matters that they can satisfy the legal requirements. Such requirements and laws will vary by state. Some other basic requirements for adoption include that the person or persons adopting: What Facts about the Adoptive Parent(s) Are Considered?An adoptive parent is generally defined as the individual who provides a permanent home for a child who is not biologically related to them (in most cases) and is granted both the legal and physical parental rights over that child. In other words, an adoptive parent essentially has all of the legal obligations and rights that a biological parent would have over a child under the law. This is why it is so important to subject a person to a background check and court evaluation before they can be granted approval to adopt a child. The facts that a court, agency, and/or other interested parties may review will change in accordance with individual state laws. However, the items that are typically considered before a person can adopt a child include the following: What Kinds of Adoptions Are There?Under the rules on adoption, there are various types of adoptions that a person can petition for, such as: In certain states, there may be overlapping requirements between some of the adoptions mentioned in the above list. In other states, the adoption term or procedure may not even be recognized or allowed by law. What Are the Steps to Adoption?As previously mentioned, the laws and requirements for an adoption will typically vary by state. In some instances, they may even vary on a case-by-case basis, depending on the circumstances surrounding a particular adoption. Thus, the following steps only provide a general overview of what a person’s adoption process might entail, such as: Again, remember to keep in mind that this process can change from state to state. It may even depend on what type of agency or organization that the person is adopting a child from (e.g., orphanage, private agency, etc.). It should also be noted that if the child is being adopted through an international organization, then the prospective adoptive parent may need to satisfy additional requirements. Is Court Approval Required for an Adoption?In general, a person who intends to adopt a child typically must get approval from a court (usually a family law court). This step in the adoption process will require the person to appear in court and to attend a legal proceeding known as an “adoption hearing.” The adoption hearing is where a court will decide whether or not to grant approval for the pending adoption. If approved, this will be the final step in the overall adoption process. Again, while the laws and requirements of the adoption process will often vary by state, there are several overlapping factors that a court may use to make the decision. These include whether the adopting parent will be able to support the child financially. The most important factor that the court uses to make its decision will depend on the child’s best interest standard. On the other hand, if the court denies the adoption, the adopting parent will have to appeal the decision and prove why they deserve to have the adoption approved. In some cases, an adopting parent may only need to show that the prior circumstances which affected the court’s initial decision are no longer an issue. Do I Need a Lawyer for Help with the Adoption Process?The process to adopt a child can sometimes be long and difficult. This is especially true when there are issues with either the background of the adopting parent, the facts surrounding an adoption, or with the laws of a particular state. All of these problems can make the adoption process that much harder for a person. Therefore, if you plan on adopting a child in the near future, you should speak to a local adoption lawyer for further legal advice. There are many benefits to working with a lawyer for adoption cases. For instance, an experienced adoption lawyer can guide you through the entire adoption process. This includes helping you to fill out the proper forms and determining which type of adoption may be the best fit for you and your family. Your lawyer can also inform you of your rights and legal obligations as an adoptive parent under the laws governing adoption in your state. In addition, if any issues or disputes should arise during the adoption process, your lawyer will be able to provide legal representation on the matter in court. Adoption LawyerAn adoption lawyer, also known as an adoption law attorney, is licensed court officers and legal counselors who handle adoption law matters. They generally help protect parental rights but could also represent mothers relinquishing theirs. They may also practice family law and trust law in conjunction with their adoption practice. An adoption lawyer must also possess a strong command of federal adoption law and know international adoption laws, family trusts, and privacy laws. What Does An Adoption Lawyer Do?An adoption lawyer is someone that will help you through the entire legal process of infant or child adoption. They will help you find the right adoption agency or independent adoptee while protecting your rights through the process. Here is what an adoption lawyer does: Due to adoption system complexities, parents may feel reassurance when hiring an adoption lawyer. Long waiting periods can make the process feel unfair to expectant parents. Hiring an adoption lawyer ensures that you are taking every proactive step to bring your child home. An adoption lawyer can help you if you are trying to gain legal guardianship of a child that isn’t biologically yours. A lawyer can help you find an agency to adopt from if you need one, can file any necessary paperwork, and can represent you in court if necessary. How Much Does an Adoption Lawyer Cost?Many adoption attorneys have flat fee services for simple issues like document drafting, review, and filing. For more complex issues like talking to an adoptions agency or going to court, most lawyers charge an hourly rate. Rates will vary depending on the complexity of your issue and where in the country you live, so negotiate a rate up front with your attorney to avoid costly surprises. You should expect to end the process with a child who is a legal member of your family. The entire adoption can take up to 5 years including waiting periods, but it’ll take less time depending on your case. If there are any legal complications or you don’t pass some of the qualifying examinations, the process could take longer. An adoption attorney can guide you through this and potentially expedite the process by knowing who to talk to and what paperwork to file. Advantages of Adoption Law Firms: Disadvantages of Adoption Law Firms: These are issues like: 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 Do I Need An Attorney To Adopt A Child? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Have To Pay Child Support If I Have No Visitation Rights? Do I Need A Lawyer For My family law Issue Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-need-an-attorney-to-adopt-a-child/ Do I Need a Lawyer for Child Custody?Whether you need a lawyer for child custody depends largely on whether you and your spouse can agree. Some parents can work out a parenting plan or child custody agreement on their own, peacefully, while others will fight for what they believe is fair and right for their child. If you are preparing for a fight, you will want to consider legal help, but you have options. Isn’t Child Custody My Decision? Do I Need to Go to Court?A child custody case is a part of family law that looks at a child’s best interests to decide how much time they spend with each parent. While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody “battle”) considers the visitation rights and parenting plan that most benefits your child. If you feel frustrated that a court can tell you what is best for your child, you are not alone. Many parents think a custody order (also called “custody agreement”) should be decided by the parents and not a family court. If parents can find a solution that works for both of them and, more importantly, is in their child’s best interests, then they can present that solution to a judge and avoid a courtroom battle. However, many parents cannot find a solution on their own and at least need mediation, if not a judge’s input. If you think the custody of your child should be your decision, but you cannot find an agreement with the other parent, then you have some options when going to court. Option 1: Not Having Legal Representation from a Child Custody AttorneyYou do not need to have an attorney for a custody dispute in most states. Representing yourself in court is your right and can have pros and cons. The obvious pro is that you will save money on legal fees. However, going to court generally means the parents cannot find a solution. So you are looking at a complex process in front of you before you even get to the courtroom. You may need to take work off and put in hours of work to prepare your case. The lesser-known cons of not having an attorney are: It is risky to fight for full physical custody of your child without a lawyer presenting it in the best light (most courts want to split parenting time evenly). Choosing to represent yourself is a bold choice, and it may work for certain people. But do not let money be the reason you go to court alone. There is legal aid available, and some attorneys accept payment plans. You can also consider the hybrid approach outlined below in option three. Option 2: Fight for Your Custody Arrangement with a Child Custody LawyerHaving professional legal help moves along the process faster and gives you a stronger chance to win the resolution you want. Child custody issues are ultimately decided by the judge’s view of the best interests of the child. But, an attorney will partner with you to show strong evidence of why you deserve parental rights. Not all evidence and testimony is useful at the court hearing when you want to be the sole custodial parent, or even fight for half custody. Keep in mind a judge can give you less than half the time, or choose a weekly split that you don’t want. Important note: If your situation involves domestic violence, orders for protection, or other court orders, you should use an attorney. These types of cases are often better handled attorney-to-attorney. They need to keep certain information, like your home address, off the record. While you may have an order of protection for an ex-partner, they can still win visitation. Keeping you safe is the top priority, and a good lawyer knows how to represent your best interests. Option 3: Hybrid Legal Advice, DIY, and Meditation ApproachEven if the other parent isn’t entirely willing to cooperate, you may have some options to save money while handling a child custody dispute: Mediators tend to cost between $100 and $300 per hour, which is huge cost savings compared to court. Situations When You Need a Custody AttorneyBoth parents have the right to seek custody of their children with or without an attorney. However, some factors make the case lean in favor of one side or the other. It is a good idea to have an attorney if: Overall, these cases tend to be emotionally-charged for the parents and children. Even the simplest of cases usually involves deep dives into finances, your character as a parent, and detailed aspects of family law in your state. If you are unsure about your skill at preparing for the case or speaking in a high-stress situation, or your chances at winning the custody arrangement you want, then an attorney is going to be your strongest option. You can do a free consultation with attorneys in your area until you find the right fit for you. Choosing the Right Attorney for Child CustodyChoosing a good child custody attorney can be difficult, particularly because of the many highly emotional issues that emerge during child custody proceedings. Parents looking to hire a child custody attorney should use the following resources to identify experienced, qualified candidates. ReferencesThe best resource for parents who are seeking information on a good child custody attorney is to seek references from other people. Important references to obtain on child custody attorneys include: InterviewIt’s important for single parents to interview a potential child custody attorney before hiring them. Some questions to ask are surrounding: Experience with Your Type of Case – A single parent should choose an attorney that has experience handling and winning his or her type of case. A single parent should also understand how many hours it may take for their case to be decided. Fee Structure – A single parent should inquire into whether the attorney charges on the basis of a retainer or on a per hour basis. Free Consultation – A single parent wants to know whether a child custody attorney is willing to provide a free consultation. A free consultation will give a parent an idea of whether he or she will be able to work with the attorney. Pro BonoIf a single parent cannot afford a paid attorney, he or she may qualify for a court-appointed attorney. A court-appointed attorney will serve to represent the single parent, in the same way as a paid attorney. The county family court will maintain a network of pro bono attorneys to assist with child custody cases. Resources to Investigate the Attorney’s ReputationThere are several resources that a parent may use to check an attorney’s reputation, including: Additionally, an attorney cannot practice law in states where their license has been suspended. Asking around town. If single parents live in a smaller community, there’s a good chance that an attorney’s reputation will be well known in that particular community. Parents can inquire about an attorney with someone else or multiple people in the community. Fire a Child Custody Attorney Who Isn’t Meeting Your NeedsDon’t worry about making a mistake. If the agreement between you and your attorney is no longer effective or does not meet your needs, release the attorney from his or her duties and begin a new search for a new child custody attorney. What Should I Ask My Lawyer About Child Custody?Most family law attorneys have experiencing handling contentious custody disputes. They often represent parents who were married or those were never married and who face important decisions about what happens when a relationship ends. Most experienced family law attorneys will make sure you are comfortable with the process and requirements of presenting a solid custody and visitation case. What to look for in a lawyer: Why Might Hiring A Family Law Attorney Be The Best Decision?Objectivity: You have an obvious stake in the outcome of the child custody decision. A family law attorney is an objective professional, hired to be your advocate and to promote your interests. They also act as a buffer between you and the other party or you and your spouse’s attorney. Expertise: Family law attorneys handle custody cases frequently and will have insider knowledge that you cannot get without this experience. You will benefit from hiring an experienced attorney who knows how to protect your interests. Cost is obviously an important factor for many people seeking an attorney. The cost for an attorney will vary widely depending on your state, your city, the lawyer’s experience and other factors. But making a decision on price is just one of the many considerations you should evaluate when hiring an attorney. How Do I Represent Myself in a Child Custody Case?You may want to represent yourself in your child custody case. And while you may save money by choosing to go it without a child custody lawyer, it will be a challenging process. If you can’t afford an attorney (and even if you can afford one) you are able to represent yourself in the proceedings. Here are some things to keep in mind to make sure that you end up with an order that is truly in the best interests of your child: Get organized. When you present information to the other parent, the other attorney or the court, it needs to be clear. If you organize your information, it makes it more likely that it will be persuasive and accepted. Be patient. If issues are contentious then it may be a long, drawn-out process including mediation, negotiation and court appearances. Be flexible. Prepare to tell your story, but allow some flexibility in your options. Provide alternatives for resolution of the matter. Custody cases and decisions are fraught with emotion and disagreement. They are emotionally challenging and financially challenging cases. To ensure that your interests are protected, hire an experienced family law attorney to guide you through the process. Even if you are primarily representing yourself, you can consult with an attorney on a limited basis to get some legal advice and limited representation. Not all but some family law attorneys will offer that option. 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 Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do Adoptions Require A Home Inspection? Do I Have To Pay Child Support If I Have No Visitation Rights? Do I Need A Lawyer For My Family? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-need-a-lawyer-if-i-am-a-parent-dealing-with-child-custody/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |