Even when divorce is for the best, it can make a person feel as though their whole life has turned upside down. Going from a two-person income household to two different one-person income households can also be a significant financial change for both former spouses. If a divorce was somewhat rushed and a spouse failed to really consider the financial situation he or she would be in after the divorce, or there was a substantial change in financial situations for a spouse after divorce for some other reason, that spouse may wish to revisit the alimony issue even after the divorce has been finalized. Is this, however, even possible? Alimony is one of the issues addressed in divorce proceedings. Sometimes, the spouses will come to their own agreement on alimony and the judge will more often than not approve the agreement and include it in the final order of divorce. Without an agreement, the court will address the issue of alimony. While the alimony issue is settled, in some sense, during divorce proceedings, it can be revisited later on. This, however, will require a spouse to show that he or she has experienced a change in circumstances that would merit revisiting the issue. It is important to note, however, that you will not be able to seek a modification of an alimony order unless there is an alimony order in place. If you waived alimony or if the court did not award any alimony, the issue cannot and will not be revisited later on. This is why the divorce orders for some couples include even just a nominal amount of an alimony award. The nominal amount acts as a kind of placeholder. It keeps the door open on the possibility of revisiting and modifying the award after the divorce has been finalized. Both potential payor spouses and payee spouses should be aware of this possibility before agreeing to even a nominal alimony award as part of finalizing a divorce. That nominal amount can be modified later on should a spouse experience a change of circumstances that would merit such modification. AlimonyAlimony is a payment from one spouse to another, sometimes described as “awards in connection with the dissolution of a marriage that are not child support or the division of property.” It can be lump-sum, or periodic, and can be expressly modifiable or non-modifiable, and temporary or “permanent” (until circumstances change). Typically payments end at the death of either party, or the re-marriage of the recipient, but it can be made to survive re-marriage. It can be ordered to, or from either gender, or in a same-sex marriage case. Post-divorce alimony (as distinguished from temporary “maintenance” during a divorce) are payments made after divorce is completed, but the amount is normally allocated before court proceedings come to an end. There are three different kinds of post-divorce alimony — permanent alimony, temporary alimony, and rehabilitative alimony. There are also at least seven different rationales for awarding post-divorce alimony — reimbursement, rehabilitative, career asset compensation, loss or waste compensation, loss of earning capacity compensation, divergence in future living standards compensation, and residual equity. The history and rationales can vary enormously and several have strong historical roots, as the popular conception of alimony awarded to maintain the marital standard of living, or where one spouse may have sacrificed career prospects to raise children. Alimony can be stipulated by the parties or awarded by a judge at trial; either way, any such award should be based on the past, present, and future financial situation of both spouses. In Utah, alimony is “no-fault” and not to be awarded, or denied, based on allegations of misbehavior. Determining AlimonyEach state’s courts have different rules and policies regarding the discretion of judges to award alimony. Usually, this question is brought up during the initial divorce proceedings. But, it is sometimes possible to address this issue again at a later date. Typically, this requires a showing of a change in circumstances by the spouse requesting alimony. By way of background, alimony is a form of spousal support one former spouse makes to the other after divorce. The point of alimony was to keep one spouse from a sudden negative change of life quality as a result of the divorce, such as the stay at home mother who sacrificed a career to care for the children and now has little means of providing for herself. As the saying goes, it is intended to keep one of the former spouses from going from “the penthouse to the gutter.” During the initial divorce, spouses can agree upon alimony payments and judges rarely adjust these agreements when entering a final ruling on the divorce. If there is no agreement, the court is able to look at the financial evidence of each spouse – their ability to pay, earn, and their respective need and then make a determination on its own as to who gets what. In the modern setting, where both men and women commonly pursue lifelong careers and have increasingly equal earning opportunities, most courts will only award alimony payments on a “rehabilitative” (i.e., temporary) basis. Rehabilitative alimony payments stop either by a set time or when the spouse receiving the rehabilitative alimony is able to become self-sufficient or remarries. In some jurisdictions, even “no fault” ones, courts can consider factors such as relative fault in the dissolution, education, and other factors relative to earning ability and whether a party deserves the support. Revisiting the Issue of AlimonyIf, however, one does not ask for or receive alimony during the initial divorce proceedings, but subsequently finds additional need for support, it is possible to revisit the issue. To do this, most jurisdictions require the former spouse in need of the new alimony to show “changed circumstances.” If the original divorce came about as the result of an agreement between the parties, it will take a fairly significant showing of cause as to why the court should set aside what amounts to a contract between the former spouses. This would be a substantial change in personal and financial circumstances, and probably not of the requesting spouse’s creation. For example, being laid off from a job might qualify, but choosing not to work would probably not. The requesting spouse should show that the alimony must be modified because of new and unforeseeable circumstances that arose after the divorce and were not foreseen prior to the final ruling. If the alimony determination was made by the court, and not as a result of an agreement, the threshold will often be a little lower, but the evidence which must be offered will be the same. Unlike in the instance of an amendment after an agreement, a party will usually not have to show that the change in circumstances was unforeseeable at the time of the divorce in the case of a court ordered alimony determination. Alimony NormsTypically, you must solve the issue of alimony with your partner before divorce is finalized. The judge will decide the amount of money to be awarded depending on the situation. Normally, the issue of alimony is raised before divorce proceedings end. However, it is sometimes possible to bring this question up if there have been changes in the circumstances after the case ends, if jurisdiction over alimony was reserved, or the award made was modifiable. One important thing to remember is that only the State which made an original alimony award may modify it — no matter how many years have passed, and even if all parties have left the State of issuance. Receiving Alimony After Conclusion of Divorce ProceedingsNormally, in Utah, if alimony is not awarded during the divorce, or reserved for the future, it cannot be brought up later; there may be exceptions to this rule. The law concerning modifications of alimony is not well developed; there are few standards, but most cases tend to return to the core concepts of “need” and “ability to pay.” Normally, the party seeking to modify must show a substantial change of circumstance. Normally, courts are more willing to entertain modification requests when the award was imposed by the court as opposed to agree by the parties. Often, requesting changes to alimony must be supported by unforeseen and fresh changes in a person’s life. These changes must not have been apparent during the divorce proceedings because if they were fairly “anticipated,” they may not be perceived as changes in circumstances. A recent change to alimony law came in 2019, when as part of a federal tax reform bill, alimony was made non-deductible by payors, and non-includable by recipients, making its tax effect like that of child support. The Alimony CaseEvery alimony case is different. Normally, “fault” considerations do not enter into the calculus, but the costs, risks, and benefits should be discussed in depth with a family law expert before engaging in alimony modification litigation. Getting Alimony PaymentsIn Utah, payments in accrued alimony that are due and unpaid are automatically “judgments” as a matter of law. Normally, they are subject to the six-year statute of limitations, however, if the payments do not arrive, it is far better to seek their collection quickly rather than waiting years to do so. Although the court will look into many factors, there are some things you can do to increase your chances of winning the case. Almost always, the income history and expected future of both parties is critical to the decision. Like most things, it is better to do it right the first time than to try to fix it after the fact, so the best way of not sweating an alimony modification post-divorce is to calmly, intelligently, and diligently negotiate the alimony issue during the divorce proceeding. When that can’t be done, we can go over your relative chances of successfully changing an order that was not fair when entered, to which became unfair through post-divorce events. How Is the Amount of Alimony Determined?Unlike child support, which in most states is required according to very specific monetary guidelines, courts have a broader discretion in determining whether to grant spousal support. The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are based, suggests that courts consider the following factors in making decisions about spousal support awards: How Does Alimony Operate?There are different types of alimony payments that can be ordered by the court. For instance, if an alimony is ordered by the court, it can be in the form of a lump-sum payment, a property transfer, or periodic monthly payments. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other each month. The other spouse is usually the one that does not earn or is the spouse that needs to be financially supported. Next, the lump-sum alimony awards and alimony in the form of a property transfer are generally non-modifiable, meaning they cannot be changed later and cannot be terminated or undone. For a periodic or monthly alimony award there will be an end date set by the judge, or it may terminate when one of the following events occurs: The supported spouse remarries; the supported spouse cohabitates; either spouse dies or; A significant event occurs (paying spouse’s retirement) such that a judge determines that alimony is no longer necessary. As with many issues in your divorce, you and your spouse can reach an agreement about the amount and length of time the alimony will be paid. But if you are unable to agree, you will need to file a formal notice with a court requesting alimony. After reviewing your case, the court will schedule a hearing and after the hearing, a judge will set the conditions for you. It is important to keep in mind that completing an alimony hearing or trial will be costly for you in terms of time and money. What Are the Divorce Alimony Rules?If you are the spouse requesting the support, the question of whether you qualify for alimony is usually determined by taking into account your own income or ability to earn if you are not currently employed. However, this is not necessarily what you are earning at the time you go to court, but it represents your earning potential. For instance, if one spouse is trained as a medical doctor but took several years off to care for children and support the other spouse’s career, a judge will examine that spouse’s future earning potential. The spouse may need initial support to reenter the workforce, but not a long-term alimony award. Following a divorce, you may also be required to make some changes in your life and work. For instance, if you have a part-time job that does not pay well, you may be required to attempt to find full-time employment in a higher-paying field. Courts can hire reporters to ensure that there is a good faith employment search and what the earning capacity of that spouse would be in the workforce. How Do I Enforce an Alimony Award?A spouse who is ordered to pay alimony in a divorce will need to make the payments when they are due. Alimony starts as soon as a divorce order requiring it is signed by the judge. A spouse who fails to make the required alimony payments can be held in contempt of court. This means the supported spouse can file a show cause action with the court against the spouse refusing to make alimony payments. The court will set a hearing to determine the reason for payment delinquencies. Family law courts have various tools from their resources to enforce alimony payments. Therefore, the spouse not making the payments in accordance with the divorce decree could face fines and penalties. When Should I Contact an Attorney?If you are receiving spousal support or think that you may qualify, it may be useful to reach out to a local family attorney to consider what your options are for proceeding forward. Your attorney can provide you with advice, support, and representation for your claim. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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Can I Pay My Ex Cash For Child Support? Can I Pick Who Adopts My Child? Can I Relocate My Kids Out Of State During Divorce Proceedings? 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-request-alimony-after-divorce-proceedings-are-complete/
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Over the years, we’ve had numerous clients in the divorce process express a desire to relocate away from their spouse while taking one or more of the kids with them. We’re not talking about packing up and moving into an apartment within the same town or state, but major distances – often outside the US or to other states within the country. Depending upon many factors including timing, custody orders, the state of the relationship between the parents and the ages of the kids (to name a few), the act of relocation can range from no issue to going against Utah Family Law. Each situation is unique and it’s best not to rely solely on the information in this article. Moving out of State with Child before the DivorceAfter a divorce petition is filed and served, certain automatic temporary restraining orders (known as “ATRO’s”) go into effect. These prevent a parent from removing a child from the state without written consent from the other parent (or the court). So, if you’ve just been served with divorce papers, and you want to move, it’s best to place your plans on hold until you’ve consulted with an attorney. Let’s assume that you are the Petitioner, and served your spouse with the divorce petition. If you have a hunch that your spouse is planning on taking the kids and moving, it’s best not to rely solely on these automatic orders. In this scenario, it’s important to contact an experienced family law attorney ASAP. They can assist you with the proper steps, including emergency court orders and if necessary, involvement of the authorities. During this stressful time, it’s part of their job to help manage and alleviate some of the burden that you’re undoubtedly feeling. Child Custody and Moving Out of StateWe’ll fast forward a bit: Your divorce case is five months in, and you and your spouse have each retained an attorney. You’ve been offered a job out of state, and you feel that your child would benefit from moving out of Utah with you. What now? The answer largely depends on whether or not you have sole custody of the child, and whether it is in their best interest to relocate out of state with you. If you’ve been granted sole custody: The parent that has sole custody of a child has the right to change the residence of the child, but the court has the power to prevent a move if it sees necessary. Although vague, the “necessary” part of the court’s view will be tied to the relocation not fitting within the “best interests of the child” realm. A potential negative scenario: Your child is a sophomore in high school and received a “student athlete” nomination. They’re heavily involved with school clubs, extracurricular activities, and their social circle is deeply rooted in your current town. The court may see the idea of uprooting them and moving to another state as not being in their best interests, especially if the child is against it in the first place. Our guess, solely based on that example, is that you’d agree. Custody cases involving a potential move can be very difficult and emotionally draining for all involved. Courts may use different standards in deciding whether or not you can move with the children, and it will depend upon specific circumstances of your case: Are you making your request as part of an initial custody determination (there are no prior orders regarding custody in effect)? Is the request to move going to require a modification to a temporary custody order? Or, is the request going to require a modification of a final custody order? The specifics of your situation will result in the court looking at different factors when arriving at a decision, but it will always focus on what is best for the children. Relocating with your children is a big decision, especially if you and your child’s other parent are no longer together. You might wish to move because of a job prospect, an educational opportunity, lower cost of living, to be closer to family, or simple for a change of scenery. Whatever the reason, your ability to move out of Utah with your child depends largely on your current parenting situation. Before you move your kids out of state, make sure you don’t need their other parent’s legal consent. Learn more about relocation and child custody laws to ensure you make the right decision for your family. Do Both Parents Have Legal Custody?As things stand, do you and the child’s other parent currently have a legal custody order issued by the court? Parents without legal custody orders are free to do what they want, essentially, and they can relocate with their children without legal consequences. However, no parent is allowed to keep their child’s other parent from seeing them without an order from the court. If the relocating spouse refuses to let the other parent see the children, it could create a legal issue. Can I Relocate With My Child If I Only Have Visitation Rights?When it comes to relocating with your child, there are a few rules you need to follow if you already have an existing custody order. The relocating parent must be the child’s custodial parent. Parents with limited visitation rights will not be able to take their child to live with them in another state unless they first have their custody agreement modified by the court. If the custodial parent wishes to relocate, he or she must still be able to honor the existing parenting plan. In other words, if the arrangement stipulates that the child sees their other parent every other weekend, those visits still have to be honored. If you wish to change visitation or your existing custody arrangement before the move, you must seek a modification through the court. How Do I Obtain A Court Order To Relocate?In Utah, the relocating parent must provide the other parent with written notice that he or she will be moving out of state with the child at least 60 days prior to the move. Once the other party has been notified of your intention to relocate with your child, they will have 30 days to file a formal objection through the court. What If The Other Parent Objects To My Move?If the other parent objects formally, a family law judge will hear the case in court and decide from there. Also, if other individuals have a stake in the child’s custody (such as grandparents with visitation rights), they may object to the relocation as well. If your case does go to court, the judge will review the issue in the same way they would any other child custody issue. Both parties will be able to present their case, the reasons for the move, the reasons the other parent objects to the move, and so on. The judge will ultimately make a decision based on the best interest of the child. What If My Relocation Is Local?Localized moves, on the other hand, are much more easily obtained. If the custodial parent wishes to relocate with the child within their same school district, there is no need to notify the court of the impending change. Can I Stop My Ex From Moving Out Of State With My Child?After a contested child custody case, divorced parents may still have problems and conflicts. This could involve making visitation more difficult, including moving further away. In some cases, one parent may plan to move out of state and take the children with them. This can make it much more difficult and complicated for the non-custodial parent to see and spend time with their kids. Taking the children out of state could involve a petition to the court to change the parenting plan to allow the custodial parent to move away with the kids. However, some parents try and move out of state without telling the other parent, in violation of the custody agreement and the law. Is There A Child Custody Order Or Child Custody Plan In Place?It can be more difficult for a parent to stop an ex from leaving the state if there is no child custody plan in place. The parents may not have a child custody plan because they are still awaiting a final divorce and custody judgment. Parents may also be avoiding a formal divorce because of financial or other reasons. However, even without a formal order, a parent may be required to notify the other parent of the intent to move. When the parents have a child custody plan or court order, the terms of the order generally control when a parent can take a child out of state and under what circumstances. This may depend on which parent has physical custody, whether the parents are sharing custody, and the visitation schedule of the non-custodial parent. If you have any questions about the process or permission for the custodial parent to move out of state with the child, review your parenting plans and court orders. These should provide for what happens if one parent wants to move out of state. Does Utah Law Apply When The Child Is Taken Out Of State?A parent cannot generally avoid state laws just by going across state lines. If the child has lived in Utah for the prior 6 months, Utah is considered the child’s home state. Utah child custody orders will still generally apply even if the parent tries to leave the state. Petition To Stop The MoveIf the parenting plan or custody orders prevent one parent from moving without getting permission to leave, leaving the state may be a violation of the court’s order. Violating the child custody order or parenting plan could be contempt of court and could even result in an arrest or criminal penalties against the parent who violates the court order. The parent who wants to prevent the move may be able to file a petition to prevent the relocation of the child with the family law court. This may also contain a request for injunctive relief, to prevent the parent from moving until the court has ruled on the issue. Depending on the situation, the parent may want to file an emergency order if they are faced with a surprise or sudden notice of the intent to move. One of the most difficult hurdles during a divorce proceeding every parent will have to deal with is the one pertaining to their children. Unfortunately, while both parents usually agree the well-being and safety is of utmost importance, oftentimes, they disagree on what is required to keep their children safe. In some cases, one parent may be faced with the decision to relocate, often out of state, for job needs, to be closer to immediate family, or for other reasons. However, before you make that decision on your own, it is important to understand your rights, as well as your obligations under Utah’s laws. Relocating a Child During Divorce ProceedingsIf you have been awarded sole legal custody during a divorce proceeding, you can move with your child to any location deemed safe for the child. However, keeping in mind that the other parent may opt to request the court to intervene, particularly if the custody order under which you have custody is a temporary one. In this case, you should seek guidance from a qualified family lawyer who can help you determine whether your order is temporary or permanent. This could save you legal problems because while you have the right to move out of state, the other parent could dispute that right. Divorce Petitions and Relocation of ChildrenSome parents want to move out of state immediately after being served a divorce petition. This is a bad idea – Chances are, your petition also included a restraining order. These orders are called “automatic temporary restraining orders” and they are in immediate effect and prohibit the removal of a child from the state without written consent from the other parent. If you have physical custody of your child, and the child’s other parent has visitation rights and you have a concern they may consider moving the child to another state, you should speak with your attorney immediately. The Court and Relocation ConsiderationsIn general, a parent who has sole legal custody of a child has the right to move that child to any location they prefer without consulting with the court or the other parent. However, this does not stop the other parent from requesting a relocation hearing because they do not feel the relocation is in the child’s best interest. Some issues the court will take into consideration during these types of hearings include: Understanding Custody AgreementsParents who are considering relocation must have a firm understanding of final custody agreements before making such a move. Even where a parent has sole custody, and therefore the legal right to relocate the child, the court may ask the reasons for the relocation. In some cases, if the court feels the relocation is not in the best interest of the child, they may prevent such a relocation from occurring. Custody, Visitation and Traveling Out of StateParents who share custody, or have visitation agreements also need to understand that either parent who has physical custody of a child at any time is free to cross state lines with the child and go anywhere they choose. The only limitations to this is if a parent has expressed concern about the safety of their child and the court deems that out of state travel would be detrimental to the child. If you believe your child could potentially be in danger traveling out of state, you may be able to seek a modification of your existing agreements pertaining to visitations. Seek guidance from your attorney regarding this issue as soon as you believe it may be a problem. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can I Relocate My Kids Out Of State During Divorce Proceedings? first appeared on Ascent Law, LLC.
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Can I Pay Alimony Directly To My Ex? Can I Pay My Ex Cash For Child Support? Can I Pick Who Adopts My 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-relocate-my-kids-out-of-state-during-divorce-proceedings/ With Utah Adoptions, one of the first steps in the adoption process is for adoptive parents to fill out an Adoption Planning Questionnaire, or APQ. This is a simple set of questions that helps the agency and adoptive parents determine which adoption situations fit best with their family. Answers to these questions will cover topics such as budget, contact arrangements with birth parents, medical history and race. Once a family has completed this questionnaire, their adoption profile will be shown to pregnant mothers who are a good fit for their preferences. Ultimately, it is up to a potential birth mother to choose the adoptive family that’s best for her baby. So, while you do not get to “choose” the child you adopt, you will get to choose many of the characteristics you are comfortable with your future child having. When considering your answers to these questions, it’s important to keep in mind that the more open you are to a variety of situations, the more prospective birth mothers your profile can be shown to, and the more likely you are to be chosen for an adoption quickly. Consider the issues that matter the most to your family in comparison to the time you are willing to wait for a child; each restriction on the APQ will add time to the process of adopting. What Families Can ControlThe APQ allows adoptive parents to specify their desires and comfort level with the following issues: What Families Can’t ControlAt a certain point, the specifics of an adoption are beyond the adoptive family’s control. Utah Adoption’s APQ doesn’t guarantee a family’s specific desires for the following: Finding a Prospective Birth MotherFor adoptive parents, the process is really more about finding the right prospective birth mother than the “perfect” child to adopt. Finding a potential birth mother that matches your needs is the most important step in the adoption process; everything else will be a result of that decision. With Utah Adoptions, families can better their chances at finding the right adoption opportunity for their needs through written and video profiles, screening and counseling, advertising and marketing services, and open adoption education and support. Legal Rights And Responsibilities Of Adoptive ParentsWhen parents decide to adopt a child, they enter into certain commitments connected to that kid, as well as acquire certain rights once the adoption process is wrapped up. The parent has the responsibility to look after and also provide for the child, just as with children born of the marital relationship. In addition, the parent has a right to make crucial choices related to the adopted children, including choices regarding his or her education, religious beliefs, extracurricular activities as well as various other elements of his/her life. In some scenarios, both parents adopt a child that is not biologically related to either of them. In other instances, a step-parent adopts the kid of the other parent. The court might consider the biological link and for how long the step-parent has been a legal parent to the child as part of the factor to consider, however this info may not be definitive in the child custody determination. Legal Rights And Responsibilities After DivorceThe rights and responsibilities taken after adoption remain in force after divorce. Adoptive parents may get joint custody, or one of them might be given primary custody. Some states compare lawful custodianship, which is the capability making decisions relating to the youngster, and also physical custody. Very often, both parents keep complete lawful guardianship, yet one might get a higher amount of physical custody. Divorce During AdoptionIn numerous adoption cases, the adoptive mother is not in a stable relationship and needs for her youngster to stay in a two-parent household. Her consent could be predicated on this circumstance. If the adoptive parents separate or are experiencing a divorce before the adoption has actually been finalized, the birth parents could opt to quit the procedure before it is legislated. Additionally, the court taking care of the adoption can consider how the divorce would certainly impact the kid. In these situations, the court could decide that the adoption could continue if the birth parents still consent, one parent may proceed with the adoption, or the adoption could be denied. Intent To DivorceOne more prospective way that the adoption can be affected is if the moms and dads were currently preparing for divorce when they commenced or were in the middle of the adoption process. A biological mother may claim that the adoptive parents committed fraud or misstated that the child would be elevated in a two-parent household when they recognized this would not be the case. If the court finds fraud did happen, the adoption could be found to be null and void, and the biological parent may recover his/her adult legal rights. Reasons Why You Should Consider Adopting a ChildWhether you are looking to start a family through adoption or you are looking to add to your existing family, the best adoptions are those where prospective adoptive parents are able to move beyond their personal desires and have the interests of the adopted child in mind. Below are five solid reasons to consider adopting a child. If you find these motivations align with your heart and your mind, you are probably ready for adoption. The best adoptions are those where prospective adoptive parents are able to move beyond their personal desires and have the interests of the adopted child in mind. Giving a Child a FamilyIf you want to provide a child with a loving home and family, you probably have the right motivations for adopting a child, especially if your primary goal is to make your home a loving place. The best homes for adoptive children include families that are not only accepting but also want to exchange family traditions, share their faith, and make memories. It also means accepting children for who they are—even their faults, and understanding that they have a history and a heritage that needs to be respected and embraced. Helping a Child Move on in LifeAs adoptive parents, if you have an interest in helping a child heal from past grief and pain, whether this comes from abuse, neglect, being abandoned, or orphaned, then you have the right motivations for adopting a child. The best adoptive families want to help the child start a new life. They also know that there will be ups and downs with adoptive parenting and are prepared for these challenges. Providing for a Child in Every WayBeing ready for adoption is about more than wanting to share your home with a child, it also means having the physical space for the adopted child. You also need to be financially secure in order to be able to adopt a child comfortably. After all, you will need to be able to provide for the child’s physical needs like food, clothing, school expenses, and medical care. But most importantly, you need to have the time and the emotional energy for a new family member. Agreeing to the AdoptionIf everyone in the family agrees that adding a child to the home through adoption is the right thing to do, then you are probably ready for adoption. But, if even one person is not on board, you need to take time and reconsider whether this is right for your family. You never want an adopted child to enter an environment that is not completely welcoming. Your motivation to adopt needs to be shared by everyone, including your other children. If not all the children in the home are excited about adopting, you may want to wait. Going through with an adoption when children in the home are not on board with the plan is never a good idea. Knowing a Child in Need of a FamilyWhen you are aware of a child who needs an adoptive home, this may motivate you to consider adoption. The child may be a family friend, a relative, or a child you met at church or within the neighborhood—whatever the reason, your family as a whole feels that you should step forward and provide a home for this child. Again, everyone in the existing family unit needs to be on board with the adoption before this step is taken. But, meeting an existing need is an excellent motivation for considering adoption. Signs You Are Ready for AdoptionAdopting a child is a huge commitment and you may still be wondering if you are ready to take the next step. While many adoption professionals can offer advice and suggestions, ultimately the decision comes down to you. Some signs that you may be ready to start the adoption process include the following: You’re Informed About the Adoption ProcessAdopting a child is not easy. There are a number of steps that must be taken in order for the adoption to be successful for everyone involved. As a result, you need to be sure you know exactly what is involved before beginning any type of adoption procedures. If you have talked to professionals and done your homework on what your rights are, then that is a clear sign that you may be ready to begin the process. If you have no idea what is involved in adopting a child, then you are probably not quite ready for all it entails. You’ve Come to Terms With InfertilityNot everyone who chooses adoption had this process as part of their original plans. If you have struggled with infertility, it is crucial that you have not only accepted your infertility, but that you also have healed from the emotional heartache involved. If you still have dreams of having a biological child, you may want to delay adopting. Adopted children allow you the opportunity to create a family by providing a home for a child in need, but they should not be used to mend your broken heart. You Have Set Adoption GoalsIf you are truly prepared for adoption, you probably have already set some adoption goals. For instance, you know whether you want to pursue a foster care adoption, an infant adoption, an international adoption, or another kind of adoption. Asking yourself questions about the race and age of the child you want to adopt, are also signs that you are ready for adoption. Considering all possible scenarios is an important part of the adoption readiness process. Reasons to Be a Foster ParentYou’re Prepared for the ProcessThe adoption process can be long, complicated, expensive, and emotionally challenging. If you have prepared for the challenges as well as the expenses, you are probably ready for the adoption process. You also should have a good support system in place in case things do not go exactly as planned. For instance, if you are not going through the foster care system and are instead working with a foreign entity or a local birth mother, there can be a lot of unexpected challenges along the way. If you have truly prepared for the possible scenarios, you are probably ready to begin the process. You’re Committed to Adoptive ParentingBecoming parents through adoption takes a strong commitment from the very beginning. As a result, one of the biggest indicators that you are ready for this challenge is that the possible issues and problems do not deter you. You are excited and determined to see this process through to the end, no matter what it takes. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can I Give Back A Child I Adopted? Can I Pay Alimony Directly To My Ex? Can I Pay My Ex Cash For Child Support? 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-pick-who-adopts-my-child/ If you have a child and you don’t live with your child, chances are you will pay child support. If you get divorced and have kids or have a paternity case, in Utah you’ll surely pay child support. If you do pay child support, how should you pay child support? What I mean is, in what form should you pay child support? There are a couple options, a one non-option. First, the non-option. Non-option: Do not, do not, and do not pay child support in cash! If you even think of paying child support with cash, slap yourself. You can’t trust the other parent to tell the truth about you paying child support. I can’t tell you how many time. s my client has paid child support in cash for years, and the other parent says he/she has never received a dime. Since it’s your burden to prove you paid child support, and since paying in cash makes proving payment almost impossible, you will end up paying child support twice. So, again, don’t pay in cash. Option 1: Pay child support through Utah Office of Recovery Services (ORS). ORS is a clearing house for child support payments. You pay child support to ORS, then ORS logs the payment and sends the payment to your ex. The beauty of this system is ORS’s accounting. ORS keeps meticulous detail of each payment, and its accounting is accepted by Utah courts as accurate. We recommend that every client goes through ORS because it simplifies everything and removes the risk of not being able to prove payment. Option 2: Pay with check or money order. Some people, for whatever reason, simply don’t want to work with ORS. If you are one of these people, you can still pay your child support and keep yourself safe: pay with a check or money order. If you choose this route, keep copies of every check you write or every money order you send. Keep a copy of every envelope in which you send the check or money order. Also, keep a copy of every bank statement, highlighting where your child support check was cashed. I know this sound like overkill, but you’ll be thankful when your ex says you have paid child support for five years. After reading Option 2, you should understand why we recommend everyone pay through ORS. In any case, Rule #1 for paying Utah child support is: keep record of every payment. Oh, and don’t pay cash. What Is The Function Of The Office Of Recovery Services Child Support Program?The Office of Recovery Services (ORS), is an agency located within the Utah Department of Human Services. Within ORS, Child Support Services (CSS), is responsible for collecting child and medical support. Services include locating parents, establishing paternity, establishing and modifying child support orders, and enforcing child support orders and medical insurance obligations. ORS/CSS can also collect spousal support (alimony) if a dollar amount is ordered with child support in the divorce decree. What Authority Does Ors/Css Have To Collect Child Support?ORS/CSS is a federally funded state agency, which means that many of the actions taken by ORS/CSS are regulated and/or mandated by federal and state law. It is every parent`s legal responsibility to support his/her child, whether or not the child`s parents live together. When child support is not being paid, ORS/CSS often becomes involved. A case is opened at ORS/CSS whenever a custodial parent or relative begins receiving public assistance, or when a custodial parent or relative requests ORS/CSS to collect child support. Noncustodial parents may also apply for services. ORS/CSS does not legally represent either parent. Rather, ORS/CSS` role is to collect on behalf of the children. Can I Also Use A Private Agency To Collect My Child Support?ORS/CSS will not automatically close your case when you contract with a private agent but you will be required to provide ORS/CSS with the name and address of the private agent. It is also essential that you and the agent keep ORS/CSS informed of action taken on your behalf. ORS/CSS is also unable to forward payments it collects to a private agent or attorney, even if you ask for a change in payee. Does Child Support Have To Come Out Of My Paycheck?Yes, unless your support order was issued or modified before October 13, 1990 and you always paid your support on time. Income withholding is an easy way to meet your child support obligation because your employer withholds the appropriate amount from your paycheck and sends it directly to ORS/CSS. You do not have to worry about going to the bank, writing a check, finding a stamp, etc. The majority of Utah employers withhold child support from many employees` paychecks each pay period. Paying through income withholding is no longer indicative of a delinquency. It is simply viewed as a no fuss way to meet your monthly obligation. OFFICE OF RECOVERY SERVICES AND COLLECTION OF CHILD SUPPORTThe Office of Recovery Services (ORS) will assist a recipient spouse to collect child support from the obligor. In fact, any time a court enters an order for child support, the order must include a provision for income withholding (or, in other words, wage garnishment) that allows for the collection of child support from the obligor by ORS. Income withholding by ORS of the payor’s wages will typically apply, even if the payor is not behind on his or her support obligation, unless good reason exists for the court not to apply income withholding. ORS also has the authority to issue administrative orders regarding child support. ORS has authority to pursue court action with respect to withholding, revoking, or suspending driver’s licenses, and professional and recreational licenses of parties who owe past due support. There are certain procedural safeguards and specific requirement for when ORS may seek suspension of an individual’s driver’s license for prolonged failure to pay child support. Payment in full of any delinquency or good faith payment arrangements based on employment and financial ability will tend to avoid this drastic remedy. Terms of reinstatement of a suspended license are also provided by law. ORS will not typically garnish wages for spousal support (alimony) alone. However, it will garnish wages to collect alimony if there is also a concurrent child support order. If the paying spouse maintains health insurance for the benefit of the minor children, he or she is typically entitled to a credit against his or her support obligation for one half of the out-of-pocket cost of the children’s portion of the premium. The parent must provide ORS with the insurance information in order to receive the credit. If a parent is court ordered to maintain health insurance through his or her employer and fails to do so, ORS may notify the employer to enroll the children in. The ORS may impose an annual fee of $25 to be collected from the recipient spouse’s child support if the custodial parent has never received TANF (temporary aid to needy families) benefits. The maximum amount that may be garnished from an individual’s paycheck from an administrative or judicial judgment for failure to support dependent children is 50% of his or her disposable earnings for the work pay period. Recipients of public cash financial assistance are required to assign their right to child support to the State of Utah, which may keep the child support collected until the financial assistance benefits paid to the recipient have been recovered. Anyone receiving public cash financial assistance is required to deal in good faith with ORS. Each installment of child support becomes a judgment on the day after it becomes due and ORS may file judgment liens against real estate of the debtor and levy personal property of the debtor that is in possession of third parties. Utah Code Section 62A-11-327 sets forth the circumstances in which ORS may report past due support to consumer reporting agencies. ORS will assist a parent in adjusting a child support order that is at least three years old if there is a change of 10% or more between the amount currently ordered and the amount that would be required by the child support guidelines, and the difference is not of a temporary nature. No showing of substantial change of circumstances is necessary if these requirements are met. The change must be in the children’s best interests. An obligor may also request income withholding. See Utah Code Section 62A-11-414. I have seen parents with a child support obligation prefer to have income withholding for reasons such as accounting and convenience (i.e., not having to worry about cutting a check to the other parent each month and keeping a detailed paper trail or accounting). An obligor may make arrangements with ORS for electronic funds transfer from his or her account to the obligee, in lieu of income withholding. ORS will collect child support arrears but only until four years after the youngest child reaches the age of 18, or for eight years after child support arrears have been reduced to a sum certain judgment by a Utah court, whichever is longer. A sum certain judgment may be renewed to extend its duration. The ORS will only collect ongoing cash medical support or child care expenses if there is a specific dollar amount in a court order and neither parent disputes the amount of child care expenses. ORS will attempt to enforce judgments for past due amounts if the parent obtains a judgment from district court. ORS currently charges a $5.00 processing fee to the application each time a payment is processed and sent by mail. The processing fee, however, will not exceed $10 per month. What if my ex-spouse is receiving public assistance? Why do I have to pay support too?When children are receiving state assistance, ORS/CSS automatically provides child support services to the family because the amount of grant money the custodial parent receives each month accrues as a debt to the state which you (the non-custodial parent) must repay. In other words, when your children are receiving monthly support in the form of public assistance, the child support you owe for that month must go to the state to offset the debt. You will be required to repay this money until the debt is satisfied, even if the custodial parent goes off public assistance, and even if you and the custodial parent reconcile. If the child support owed during the times of public assistance exceeds the total grant amount paid to the family, the excess amount will be sent to the custodial parent. Tips for Keeping Child Support RecordsIf you’re ordered to pay child support, it’s a very good idea to keep accurate records of every payment that you make. There have been stories of people claiming they were never paid when they actually were, all because money got tight and they needed extra cash. With no evidence on hand, you could end up paying twice, or being accused of being behind on your payments, so records are crucial. These tips can help. 1. Pay with checks, not with cash. It’s often tempting to pay in cash because it’s quick and easy, and your ex may even request it so that the money can be spent right away, but there’s no paper trail. You’re better off to pay with a check. 2. Pay online. There are many different apps you can use to pay with, or you could just use a system like PayPal, that allows you to send money in Utah for free. The system automatically creates a report for each payment and you can put in a note saying what it’s for. The system also records that the payment was accepted. 3. Save email messages. When payments are sent online, you’re likely going to get an email notification about it before the money is transferred out of your bank. Create a special folder and save those emails as extra proof of payment. Planning in advance and using an electronic system may be slightly more work to get set up than paying in cash, but it’s usually faster and easier once everything is in place. If you’re ever accused of not paying and you know you did, be sure you know your rights in Utah. 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 Pay My Ex Cash For Child Support? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can I Get My Child Support Changed If I Lose My Job? Can I Give Back A Child I Adopted? Can I Pay Alimony Directly To My Ex? 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-pay-my-ex-cash-for-child-support/ You endured the stresses and difficulties of divorce proceedings and fought to ensure that you got the alimony you felt you deserved. But your ex is now simply ignoring the requirement and not making their payments to you. What can you do? Here are the steps you need to follow to ensure you get the alimony you deserve. Find the Order for AlimonyFirst, you need to ensure that you have an order signed by the judge that requires your ex to pay your alimony or spousal support. If you’re not sure where to find this order, speak to your divorce attorney; they should be able to help you locate it. Then, you need to review the order to verify the amount they are required to pay and when they are required to pay it. Once you can prove that your ex is required to make those alimony payments, you can move forward. Collect Records Proving Non-PaymentAsk the Court to Enforce the OrderOnce you have the documents needed to prove non-payment of your alimony, it’s time to work with a divorce attorney and ask the court to enforce the order for alimony payment. This requires asking the court to reopen your closed divorce case. To do this, you will need to either file a Motion for Enforcement. This is essentially the court ordering your ex to follow through with the payments as previously directed. This order needs to be delivered to your ex, which can typically be done with a process server. Hold Your Ex in ContemptIf the Motion for Enforcement is ignored, you’re not out of options yet. Your next step would be to ask the court to hold your ex in contempt. First, you would file a Motion for Contempt; another option is to ask the court to file an Order to Show Cause. Both of these options force your ex to show up in court to defend their reasons for failing to pay your alimony. Again, you’ll need to make sure that these orders are properly served to your ex, so they can show up to the court at the appointed date and time. Ask for a WarrantWhen you ask the court to hold your ex in contempt, you can also ask them to issue a warrant for their arrest, should they miss the court date or continue missing alimony payments. Or, you can choose to take this step later on. For example, if your ex shows up to the court date, pays what they owe in alimony, then resumes missing payment, you may choose to ask for a warrant to be issued at that point. This can often drive the point home for your ex that missing their alimony payments is breaking the law. Ask for an Income Withholding Order or GarnishmentIf your ex has a habit of not making their alimony payments, you can circumvent them altogether and ask for an income withholding order. If it is approved, your ex’s employer will automatically withhold your alimony from their paycheck. This process usually takes four to six weeks, but once it’s been implemented, you will no longer have to worry about fighting your ex to get your alimony payments. You can also ask for their wages to be garnished. This is similar to an income withholding order, but can only be used to collect future payments, and not past-due ones. However, garnishment is taken directly from their bank account, so if they have income that does not come from a paycheck, a garnishment can take your share of these funds directly from their bank account. Make Sure You Have A Child Support OrderThe first step to making your ex pay support is to have an order signed by a Judge that requires payment to the custodial parent. Until you have an order, you don’t have a requirement. Without a requirement to pay, you are simply hoping for the good graces of your ex. And that is no way to live. Have an order? Good. Now go back and review the child support orders to make sure that it is indeed child support or alimony that is ordered, and that unpaid child support is past due. Assuming payment is past due and you, therefore, have an ex that is violating a judicial order, it’s time to gather evidence to prove your point. Gather Records That Prove Non-Payment.Now you want to gather the proof that your ex is failing to pay. This is usually easy to do as your ex should be paying by check or money order, transfer to a bank account, an income withholding order, or depositing money with Utah. If your ex pays by check or money order, you will want to go online and pull records from your bank that show that the child support payment has not been deposited into your account. You can do this by pulling bank records for the time period in question. Deposits for most banks are listed at the top of each monthly statement, and a quick review of records can prove that payment was not made. If needed, don’t be afraid to pull cancelled checks. Remember, your goal should be to get your ex to pay child support now and, with any luck, pay in the future. Before you go see a lawyer, you want to make sure you have gathered exactly what the lawyer needs. Ask The Court For The Child Support Enforcement Order Or Hold Your Ex In Contempt Of Court. Now it is time to ask the Court to enforce child support and possibly hold your ex in contempt of court. Often this is done through a family law attorney. But whether you go it alone or with a lawyer’s help, you are going to be filing a pleading with the clerk of the court to re-open your closed case. As a technical matter, you can make these requests with a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both cases, you are asking the Court to use its powers to fix the problem. A Motion for Enforcement is the nicest option. Your remedy is straightforward you want the problem fixed and you want your ex to comply with the Court’s directives. In a Motion for Contempt, you are taking it up a notch. You are asking the Court to not only make your ex comply, but also hold your ex in contempt. The purpose of contempt is to compel compliance with a court order or compensate you because your ex is not doing what he or she is supposed to do. You can even request the Court put your ex in jail if he or she does not pay the amount required. An Order to Show Cause is the same idea, but the request comes from the Court instead of from you. You ask the Court to issue an Order to Show Cause, and the Court signs the order, commanding your ex to come to Court and “Show Cause” regarding why he or she is thumbing his or her nose at the court. Once a motion is filed, you need to get it to your ex. This can be done by traditional service of process with a process server, but it is not necessary. Finally, you will call the Judge and get available dates and times to present your case to him or her. At the hearing, you present evidence to the Judge proving your case. Your attorney has the ability not only to give legal advice, but also to cross-examine your ex and ask him or her questions related to the failure to pay child support or alimony. If everything goes well, the Judge should then order your spouse to comply. The Judge will often order the ex to pay X amount of money within Y amount of time. To really drive home the point, the Judge could order that a warrant be issued for the arrest of your ex if payment is not made by a certain date. Also, the Judge has the ability to order your ex to pay a fine and attorney’s fees to you for having to hire a lawyer to fix the problem. Sometimes your ex learns his or her lesson, and the problem never happens again. But sometimes it is clear that this is going to be an ongoing problem. Below are some ways to fix the problem so it does not happen again. Ask For An Income Withholding Order.If your ex won’t pay his child support or alimony, just cut him out as the middleman and get the money from his employer through an income withholding order. An income withholding order is an approved method to automatically require an employer to deduct a certain amount on a monthly basis from your ex’s pay before the paycheck goes out. You are taking money “off of the top” in much the same way as health insurance or 401(k) deductions. This can be done with a simple order executed by the Judge directing the employer to withhold the money. The process often takes four to six weeks to complete. Garnish Your Ex’s Wages.Similar to an income withholding order, you can request a garnishment of your ex’s wages or other money such as bank accounts. Unlike an income withholding order, a garnishment is available only for future payments and not past due payments. However, you can garnish money from a bank account. For example, consider the situation where your ex is selling a condo. The proceedings will be deposited into your ex’s bank account. A court can order that the money owed is withdrawn from your ex’s bank account and deposited into your bank account when the condominium sells. The state can also intercept your ex’s tax refund. Ask For The Sale Of Pre-Existing Assets. In certain circumstances you can request the Court order your ex to liquefy assets in order to pay the alimony and/or child support award. Ask For A Lien On Property.What if your ex has money in real property and money is not available to garnish? You can ask the Court to put a lien on the property. This way, the property cannot be sold and will not have a “clear title” until the debt is repaid. This is another option for when your ex not paying child support. Likewise if your ex has a rental property, you can ask the court to order that rental proceeds be paid to you directly from the tenant. Ask To Put Your Ex In Jail Until He Or She Pays The Money. The home run remedy to the problem is to ask that your ex be thrown into jail unless and until payment is made. This is often the swiftest but most extreme remedy to get payment. Defenses To Making PaymentsOf course there are certain defenses your ex may have that might preclude the remedies above. For example: Child Living With Your ExWhat if the child is no longer living with you, but is living with your ex full-time? This is and can be a defense for your ex against any child maintenance obligation. Deficiencies In The OrderA technical defense to contempt exists when there is deficiency in the legal order. An order that is too indefinite, overbroad, or does not define when payment should be made may need to be fixed before making a motion for contempt. Generally, the order to pay must have a specific time and place by which the payment must be made in order to avoid contempt. Otherwise, a motion for enforcement or clarification is needed. Divorce Attorney Representing Bergen County ResidentsAlimony is the payment of funds from one ex-spouse to the other following a divorce. Just as there are different terms of alimony there are also different ways that the payment of alimony may be structured. The spouse who will be receiving alimony decides whether they want to receive alimony through the court (probation) system or outside of court (“direct pay”). If the alimony recipient chooses to receive their alimony payments through the court system then a probation account is opened and the probation department serves as the agency which receives or collects the alimony from the other spouse. The paying spouse’s wages can be garnished so that the alimony monies come directly from the employer to the probation department, who then disburses the money to the alimony recipient. Alimony Payment Frequency and Methods – Outside Of CourtAlternatively, the recipient spouse can decide that they don’t want to have the probation department involved in the collection and distribution of the alimony payments. In this case the recipient spouse can decide to receive alimony directly from their ex-spouse. If the recipient spouse decides to receive alimony via direct pay from their former spouse they can always change their mind and ask the court to direct the probation department to collect the payment and disburse it to them. Most spousal agreements for direct pay include a provision that if the paying spouse is late or misses a payment that alimony can then be collected and disbursed through the probation department. The Lump Sum Alimony BuyoutIn lieu of alimony, the couple can agree to a settlement in which the payee spouse will receive a greater share of assets or just plain cash in return for waiving any right to ongoing support. To calculate the share, the spouses determine the amount of alimony that the payee spouse would receive over time and then discount it to its present value. For example, instead of receiving $2,000 per month for 10 years/120 months, which would equal $240,000, the payer could offer the payee ex-spouse a discounted present value lump sum payment upfront. There are a number of advantages to a lump sum alimony payment. For the paying spouse, the financial dealings are done. The money is paid in one chunk, and all future income is the payor’s to spend as he or she wishes. In addition, the payor spouse is relieved of any burden to purchase a life insurance policy to guarantee that alimony is covered in the event that he or she dies before the alimony term ends. Conversely, by paying upfront in a lump sum the payment can be viewed as non-tax deductible equitable distribution, rather than tax-deductible alimony. As well, if the recipient spouse is likely to cohabitate or marry within a short time frame he or she may get a windfall if they receive a lump sum, as alimony would terminate upon marriage or cohabitation. For the payee spouse, the advantage of a lump sum payment is that there is no more financial connection to their ex-spouse. The payee may enter into a new relationship at any time—or even get married—without losing the upfront payment. The payee spouse has no need to worry whether payments will be made on a timely basis or whether their ex-spouse will seek to modify the amount of alimony due to changed circumstances. As mentioned above, the payee spouse could take the upfront payment as equitable distribution which is tax-free to the recipient, as compared to periodic alimony that is taxed to the recipient. The decision to opt for the lump sum payment in lieu of periodic alimony should be considered carefully by both sides. For the payee, a lump sum payment can only “do the work” of alimony—replacing income—if the payee spouse exercises financial discipline and prudent management. If the lump sum is blown or mismanaged there is no option for the payee to go back and try to get periodic alimony. 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 Pay Alimony Directly To My Ex? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can I Get Custody Even If The divorce Was My Fault? Can I Get My Child Support Changed If I Lose My Job? Can I Give Back A Child I Adopted? 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-pay-alimony-directly-to-my-ex/ In short, yes. Adoptions can be reversed, as adoptions do not always work out. However, adoption is not legally intended to be reversible. As such, reversing an adoption is a complicated and nuanced process. Some examples of when adoption reversal generally occurs include but are not limited to: The adoption reversal process differs according to who wishes to have the adoption reversed, and when the reversal takes place. Generally, an adoption reversal takes place once the adoption has been finalized. Typically, the reversal process is initiated by either set of parents, adoptive or biological, petitioning the court to reverse the adoption. It is imperative to note that the reversal must absolutely be in the child’s best interests if anything is to proceed. Laws regarding adoption reversal are quite strict. If the reversal is granted, the child’s birth certificate will revert to its original form, and it will be as if the adoption never occurred. Can You Disrupt an Adoption?Consent to an adoption is essential and must be clear in order for an adoption to be final. Disrupting an adoption would mean revoking consent, which would then render the adoption invalid. As previously mentioned, there are a few circumstances in which consent to the adoption may be revoked once the adoption has been finalized. This could include duress or fraud, but most commonly involves a timeframe of refusal. Birth parents are allowed a limited window in which they may change their minds before their consent is considered permanent and therefore irreversible. Each state has its own time frame, ranging from 72 hours after birth (Nevada) to 25 years of age (Virginia). That time frame is also influenced by how the adoption was processed. Some states revoke consent if the court determines that the child’s best interests are not served by the adoption. All states revoke consent in cases involving fraud, duress, or misrepresentation. Further, some states only allow disruption based on those circumstances. Another common reason to contest or disrupt an adoption occurs when one biological parent was not privy to the adoption process or was unaware of the birth of the child. For example, a child’s biological father may not be aware that a child was born, or the child’s biological father is disputed. In such cases, should the biological father not agree with the adoption, the biological father will typically initiate a paternity action and contest the adoption. The process of contesting an adoption can take anywhere from a few months to multiple years in more contested cases. Birth parents, adoptive parents, and the adopted child are all able to file a petition to reverse an adoption. If the birth parents wish to restore their parental rights, they may file a petition. However, this is generally the most difficult type of adoption reversal, and may actually be impossible in some states. When it is allowed, the birth parents will be required to prove that they have extraordinarily improved their abilities to care for the child. Additionally, they will need to obtain the consent of the adoptive parents. The most common example of such a scenario would be when a child is adopted by a relative, or the child’s grandparents, because they are concerned for the child’s wellbeing. Adoptive parents wishing to reverse the adoption must prove that the adoption is not working out to the point that it would be in the child’s best interest to reverse the adoption. An example of this would be if the relationship between the parents and the child is so poor that neither party benefits from the arrangement in any way. It is unlikely that a court would ever grant a reversal simply because the adoptive parents wish to be relieved from their responsibilities as parents. An adopted child may wish to reverse an adoption if they are seeking emancipation from their adopted parents, or if they wish to contact their birth parents but the terms of their adoption stipulate that they may not. Most commonly, an adopted child wishes to reverse the adoption due to a failing relationship with their adoptive parents. In some cases, the child has found a suitable replacement for themselves and the adoption process may begin again. This would remove the old adoption of all legal power. Can You Return an Adopted Child In Utah?As mentioned above, states do not allow adoptive parents to simply return the child to the adoption agency or their birth parents. This is true regardless of where the child was adopted from, whether that be national or international. Once again, in cases where the adoptive parents are unable to properly care for the child, a court may allow the adoptive parent(s) to terminate their parental rights if there is another prospective adoptive family lined up. Additionally, a court may allow the adoptive parent(s) to modify their original court order granting the adoption to allow for another party to be granted custody of the adoptive child. What Happens to a Child If Their Adoptive Parents Die?Once again, once an adoption is final, that child is treated the same as a biological child of the adoptive parents. Similar to normal parents, it is important that adoptive parents make arrangements for their adoptive child to ensure that they are cared for in case they become incapacitated or die. Thus it is important that adoptive parents conduct estate planning, including drafting a will or crafting a guardianship for the child in case they become incapacitated or die. Additionally, some states do have adoption assistance programs that continue to provide assistance to adoptive children after their adoptive parents become incapacitated or die. Therefore, as an adoptive parent, it is important to include such language in your will. Disruption of Adoption In UtahIn some cases, the decision to stop the adoption may occur before it is finalized. This may occur because the adoptive parent has decided not to go through with the adoption, or the adopted parents discover negative information about the child’s health, are not ready to be parents or for other reasons personal to the adoptive parents. If this occurs, the adoption agency is contacted by the party who wants to stop the adoption proceedings. Some paperwork must usually be filed, but there is usually not intervention made through the court in these situations. Parties Who Can Reverse AdoptionParties who can reverse an adoption usually include the birth parents, adoptive parents and the child being adopted. In order for an adoption to be reversed, a petition must usually be filed by one of these parties and the court must be convinced of a compelling reason to reverse or annul the adoption. This is usually weighed under the legal standard of the best interests of the child. Reversal from Adoptive ParentsBefore parents can adopt, they must usually go through an extensive pre-adoption screening process. They have also often dealt with years of difficulty conceiving their own children or trying to be placed with a child. Therefore, many adoptive parents are reluctant to give up the child after expending so much time, money and resources. However, if adoptive parents decide that the adoption has not worked out for them, they must usually file a petition with the court asking to annul or vacate the adoption. They must usually show why it is not in the child’s best interests to continue the adoptive relationship. Reversal by AdopteeAn adopted child may wish to have his or her adoption vacated for a variety of reasons. Some may wish to be emancipated from the adoptive parents, wishing to act and be treated as adults under the law. They may wish to change this status when they are natural adults due to poor relationships with the adoptive parents or because they wish to reestablish contact with their birth parents. In some situations, the adopted child finds a placement that is better suited for him or her. A new adoption process may commence. If the adoption is approved, the old adoption will no longer have legal power. Reversal from Birth ParentsBirth parents may wish to reverse an adoption so that they can regain their parental rights. This is generally the most difficult way to reverse an adoption. In some states, it is impossible. In jurisdictions where this is even allowed, the birth parent must usually provide evidence to show that there has been an extraordinary improvement in the birth parents’ ability to care for the child. Revocation of ConsentThe birth parents must provide clear and concise consent in order to make the adoption final. Each state has a specific timeframe in which the parent can revoke consent to an adoption. In some states, this is as few as three days and other states allow one year or until the child reaches a certain age. There are exceptions to the general guidelines depending on how the adoption was processed. Even if this time limit has passed, consent can be revoked in some situations. One exception is if the consent was based on duress or fraud. If this is the case, the consent is null and void. Consent requires a voluntary relinquishment of rights. The Benefits of Adoption In UtahGone are the days when people felt that a childless couple was destined to remain so because they have problem with their reproductive system. Gone, too, are the days when eyebrows were raised when it became known that a child was adopted and he was discriminated against. So if you want a child and your doctor tells you that you cannot have one, why not consider seriously the possibility of adoption? If you have one child and your doctor tells you cannot have another, why not give your child the required companionship of a brother or sister by adopting a baby who has no home and who can complete the family of your dream? Remember that as you grow older, you grow smarter but more alone. Many people believe they could never feel the same an adopted child as they would toward their own child. An adopted child and his position in the family is the same as that of a biological child. For reality, once he is legally adopted, the couple assumes all responsibilities of real parents; he has all the rights of a biological child. You cannot go out the same day you finally decide you want to adopt a child and come back with one. You may have to wait for years before you are granted the custody of a baby. And it will be one or two years more before all the legal documentation are completed. When a decision to adopt has been reached, go through an approved adoption agency. Don’t try to get a baby through the back-door methods and don’t take a baby that someone knows about and can arrange to get for you for a sum of money. If you do, you may live to regret this haste very seriously. A child whose adoption is arranged for through the proper channel is thoroughly tested, physically and mentally, to make sure that he is healthy and normal. His parentage is normally known to the adoption agency, and why he is being placed for adoption. Furthermore, the adoption agency takes care of the legal matters connected with adoption, thus avoiding the heart-breaking experience of the baby’s parents having to claim him from his adopted parents at a later date. While waiting the couple will be interviews by members of the staff of the adoption agency. They will want to see if the couple or the individuals are physically, financially, morally, emotionally, and intellectually equipped for parenthood. The worker of the agency may drop in on the persons interested in adoption unannounced, to see how they live when not expecting a visitor. Besides preparing a room and necessary equipment for a baby, they must prepare themselves psychologically for this big event. It means that both parents-to-be feel sure they are doing the right thing, that they will love the child as much as if he were their own, and that they will never turn against him even if he does not come up to their dreams and expectations. In most case, the parents of adopted child always love him as much as they would their very own. First, they have waited so long and a child of their own never arrived. Then they have waited so long for a child to adopt. Their love is heightened, therefore, because the child fulfills a long-for hope. Few adopted children ever have reason to question their parents’ love for them. Unfortunately, this is not always the case when there are other members in the family. If there are other children, born before or after the adopted child’s arrival, the rivalry and jealousy between children almost in every home, may be increased by the real child’s feeling that the adopted child does not rightly belong to the family. Another group that create problem for the adopted child are members of the older generation. They often believe adoption is wrong because God sends children to families He believes will make good parents. Many grandmothers are prejudiced against adopted children, especially when they have real grandchildren. The adopted child is sensitive to these feelings; and it makes him feel even more unwanted and unwelcome. To avoid this unfortunate situation, parents must do all in their power to convince their elderly relatives of the joy the adopted child brings into their lives. Sooner or later every adopted child finds out he is adopted. How he learns this, and from whom, is most important for the attitude he develops toward himself and his foster family. Learning the wrong way from the wrong source can do harm that no amount of love and care will ever undo. So it is important that the foster parents take time to explain everything to the child once he has reached the age to comprehend the full meaning of adoption. The adopted child must have a healthy attitude toward the whole matter of adoption, fostered by years of experience with people who love him in the home, and people in the community who accept him as they accept all other children who are not adopted. Only in this way will he escape frustrations, heartbreaks and resentments that always come to an adopted child when he realizes the full meaning of adoption. Do I Need a Lawyer If I Want to Reverse an Adoption?An adoption lawyer will be essential for any part of the adoption process. It is imperative to remember that reversing an adoption will likely be impossible simply because the adoptive parents regret their decision to adopt the child. Further, all decisions on reversing an adoption must be made with the child’s best interests being placed above all. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can I Get Alimony While Still Married? Can I Get Custody Even If The Divorce Was My Fault? Can I Get My Child Support Changed If I Lose My Job? 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-give-back-a-child-i-adopted/ When you lose your job, your child support order doesn’t just go away. You still owe the unpaid amount in arrears, which can’t be discharged in bankruptcy and usually can’t be reduced retroactively. But the court can modify your support obligation when you experience a change in your financial situation. If you are unable to pay the current child support amount due to job loss, you may be able to secure a child support modification, which is a particular type of court order. Temporary or Permanent?Parents can agree on a modification. If an agreement is reached between the two parents, it must be put in writing and signed by a judge. If you and the child’s other parent can’t agree on child support modification, you have to request a hearing in front of a judge where you will both be allowed to make arguments about your proposed modification of child support. A modification may be either temporary or permanent, depending on the particular circumstances underlying the request. If the request is due to job loss, the modification will likely be temporary. To get a child support modification, you need to show the court that you have experienced a substantial change in circumstances. If your significant change in circumstances is that you lost your job or earn less money, make a serious effort to find new employment and document your attempts. Job Loss May Not Be EnoughBut remember, job loss might not by itself be sufficient for a modification. This is because child support can be collected from a variety of sources, including: severance pay, unemployment payments, disability, workers’ compensation benefits, and a number of other sources of money. You should file your child support modification request with the court which issued the child support order currently in place. The papers you file with the court also need to be served on the other parent. While you go through the process of getting a modified child support order, it’s important to try to keep up with your current child support obligations as best you can. It will show the court that your request for a modification is truly due to changed circumstances and isn’t an attempt to dodge your child support obligations. Demonstrating good faith to the court is essential. Can I Change a Child Support Order After Changing Jobs?If you’re a non-custodial parent and have changed jobs, the amount of child support you are required to pay does not automatically change to reflect your new salary. However, you may petition the court to change a child support order after transitioning to a new job, particularly if you can no longer afford the payments due to a decrease in pay. Similarly, the custodial parent may seek modification for additional child support if the non-custodial parent earns substantially higher wages from a new job. Changing the amount or terms of court-ordered child support is referred to as “child support modification.” Courts consider a variety of facts before approving a modification request and typically decide whether the new job (or other determining factors) can be considered a “substantial change in circumstances.” Furthermore, parents who agree on the terms of a child support modification may do so with a judge’s approval. Reasons to Modify a Child Support OrderOne or both parents may seek to change a child support order after changing jobs or otherwise experiencing a change in income. A modification may be either temporary or permanent, depending on the particular circumstances underlying the request. A court may temporarily modify an order of child support to accommodate a recipient child’s medical emergency or a temporary financial hardship of either one of the parents. Whatever the reason for modification, the court must always consider the needs of the child. Reasons for modifying a child support order include the following: How to Modify a Child Support OrderIf you have a new job that pays less than what you earned when child support was ordered, and are unable to make a payment, it’s important to act as quickly as possible. Child support modifications are not retroactive, which means that you’re responsible for the originally ordered amount until a modification is approved by the court. Even if your spouse verbally agrees to a lower amount or different terms, it won’t carry the force of law unless the agreement is in writing, signed by both parties, and approved by the court. Requests for child support modification are handled by state courts, and the process is generally similar for all jurisdictions. The parent requesting the modification must file a motion with the court that issued the original order or, if an agreement is reached between the two parents, it must be put in writing and signed by a judge. How To Reduce Child Support PaymentsWith the job market still struggling and the housing market in the tank for the foreseeable future, it still feels like the Great Recession is as great as ever. Since financial hardship still a factor in so many parents’ daily lives, supporting their children can be stressful and sometimes nearly impossible. Non-custodial divorced parents usually have a child support agreement that they must abide by to do just that. But what do you do if, in these tough times, you have a major financial set back? The following may help you learn how to reduce the child support you owe. Child support agreements (even if negotiated out of court) are finalized as court orders set up for the support of a child or children to care for their everyday needs such as schooling, living expenses and health care. Once the support agreement is finalized by a court order it is binding. If the agreement is violated by a parent who repeatedly fails to make support payments on time, that parent can face fines or even jail time. If you have a substantial change in circumstances, such as a major financial setback due to a job loss, or large unexpected medical bills, lowering child support payments is a possibility if you ask the court to adjust your support agreement. Because the requirement to pay support at the designated amount continues until a court orders otherwise, you must notify the court of your change in circumstances. Child support is based on the relevant state’s guidelines and definition of “gross income,” which includes all income and earnings of the non-custodial parent. This includes not just wages and salaries, but benefits, pensions, property income, etc. Any documentation such as letter from your employer, unemployment benefits documentation, property sales agreements, or medical bills, is a good way to evidence what the change in circumstances is. Modification of child support payments can also occur if one parent gains income as well. If custodial parent has gained income since the time of the original support order, that may also be a valid reason to seek a change in the support amount. Finally, when the supported child turns 18, there is usually a reduction in the amount of support. This may vary depending on the agreement, epically if the supporting parent has agreed to help pay for a college education. If I Lose my Job, Can I Stop Paying Child Support?You go through divorce. You figure out child custody and child support. Then, a year or two later, you lose your job. What do you do? Can you stop paying child support because you don’t have an income anymore? The answer is clear: no. There are a few reasons why you can’t stop paying child support: The court order telling you how much to pay doesn’t change when you lose your job. When you lose your job, the court order doesn’t change. The practical effect of that is when you don’t pay, every month you have a judgment for the child support you didn’t pay. The more you don’t pay the amount ordered, the more judgments against you stack up, and the farther in the hole you get. For example, if you’re ordered to pay $800 per month and stop paying for six months after losing your job, you’ll have judgments against you for $4800. You’ll have to pay back that $4800 over time, unless you can convince your ex to forgive the debt — good luck with that. The judgments you accrue can be used against you. Your ex (or the Utah Office of Recovery Services) can use the judgments we talked about above to garnish your wages or put liens on your property. By property I mean your house, your car, or they can drain your bank accounts. Anything you own is fair game, even your dog (true story). If you stop paying and ever want to change custody or parent-time in the future, you’ll have a much harder time of it. If I Can’t Stop Paying, What Can I Do?Since you can’t stop paying child support, you have to deal with the situation differently. If you’re situation is not temporary (e.g., you’re going to get another job in two or three months), then you will have to go back to the court and request that your child support be lowered. This means you’ll need to file a motion with the court and go to a hearing to discuss your job situation. Keep in mind that if the court lowers your support, it will be increased when you get a new job. If your new job pays less than your old one, that’s usually okay. When taking a lower paying job is not okay is when you purposefully take the job to pay less in child support. That is called voluntary underemployment, and the court doesn’t like it one bit. How Child Support Is Determined When a Parent Has No IncomeIf you don’t have a source of income and cannot afford child support, you will still be required to make a monthly child support payment. If a parent does not have a source of income, the court may calculate income based on prior work history and/or the parent’s potential earning capacity. For example, if a parent is unemployed or underemployed, the court may look at the parent’s previous employment history to determine how much they are capable of earning again in the future. Essentially, your child support obligation will be partially based on your ability and opportunity to find similar work, whether inside or outside of your chosen profession. Do I have to pay more child support for my second job or my overtime pay?Child support is calculated based on one 40-hour per week job. This is written in the Utah Code. So, in general, the answer is no, you will not have to pay more child support for your second job. However, as the law typically goes, there are exceptions to this rule. If one parent normally and consistently worked more than 40 hours at their job (overtime pay), the court can take this into account when issuing a child support order. What if I got my second job or started working overtime to pay my child support?Some parents that are already working 40 hours per week feel the need to pick up extra hours at work or get a second job in order to pay their child support obligation, but they worry doing this will actually increase the amount of child support they have to pay. Getting another job or picking up extra hours in the middle of a divorce or a custody battle will most likely not increase a parent’s child support obligation. As stated above, Utah law provides that: 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 Get My Child Support Changed If I Lose My Job? first appeared on Ascent Law, LLC.
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Can I Get Alimony While Still Married? Can I Get Custody Even If The Divorce Was My Fault? 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-get-my-child-support-changed-if-i-lose-my-job/ Talk of divorce is usually preceded by a very complex set of circumstances for many couples. From a personal standpoint, each spouse will typically have an opinion as to why the marriage ended, and the explanations provided across our community can range from lack of trust and infidelity to lack of intimacy and growing apart. As a matter of law in Utah, neither spouse has to prove the other did something wrong or was at fault to file for divorce. As a no-fault state, spouses can simply file for divorce citing irreconcilable differences, no matter who was personally considered to be the cause of the split. When couples with minor children file for divorce, the details that must be finalized in their agreement will include child custody and child support decisions that will be reviewed by the court if the couple cannot create a parenting plan they can both agree on. Typically, when one spouse is deemed responsible for the divorce, the other spouse may oppose their being awarded custody of the children. In reality, even if you are willing to take the blame for the marriage ending, that is not a legitimate reason for tipping the scale in your spouse’s favor during your child custody evaluation. What Actions Will Harm My Chances Of Gaining Custody Of Our Kids After A Divorce?If a cheating spouse’s extramarital activities are discovered, and the other spouse files for divorce because of this behavior, that fact has little to do with their ability to gain custody of the children. Child custody should be determined according to what is in the best interest of the child. That means evidence of damaging behavior must be presented to harm either parent’s ability to obtain custody of their children. And those actions — not the infidelity or the act of falling out of love — will be considered during the divorce proceedings. Damaging behavior that can jeopardize a parent’s ability to gain custody of the children can include: The goal of the family courts is to keep both parents active in the lives of their children, which can often lead to joint custody. However, many factors are considered when determining child custody in Utah, and every family’s dynamics are unique. Simply put, you cannot measure your custody options based on someone else’s divorce proceedings. Are there Custody Factors A Court Must Consider?Yes. A court is granted the sole authority for determining whether joint physical custody would be in the best interests of a child, but it is not solely at a court’s discretion. Instead, the court must carefully consider a number of statutorily prescribed custody factors to determine whether joint physical custody would be appropriate. Those factors are found in Utah Code 30-3-10.2 and include the following: More often than not a court does not make a determination as to the custody factors above alone. Instead, in contested cases that are expected to go to trial, the court orders the parties to undergo a custody evaluation by a licensed custody evaluator. The custody evaluator will meet with the parents, spend time with the parents and children, interview the parents to determine their mental well-being, and conduct other research into the parent/child relationship to make a helpful recommendation to the court. What it comes down to is the best interest of the child. The court is obligated to protect children and is not terribly concerned with the divorcing parties except to make sure a party is protected from abuse and given his or her equitable portion of the marital estate. But even then, the court will put the children of the marriage above the parties to the divorce if the choice comes down to that. Does the Statute Create Any Presumptions in Favor of One Parent Over Another?No. There is no presumption in favor of awarding divorcing parents joint or sole physical custody. Furthermore, there is no presumption in favor of a parent simply because of the parent’s gender. See Utah Code 30-3-10. The court looks at the issue with a clean slate without any predetermined judgments based on the parties simply because of who they are. Can I Lose Custody Of My Child For Adultery In Utah?Yes. It’s possible. These days, an extra-marital affair is a fairly common occurrence, and many couples choose to “work it out” when the affair is revealed to the other spouse. If that is not the case for your situation and there are children involved, the situation can escalate quickly. Going through a divorce can be a trying time, and adding the emotions of a cheating spouse can compound the extremes of the experience. The first thing to know is that proving a spouse is committing or has committed acts of infidelity can be difficult. Unfaithful spouses are notorious for covering their tracks and destroying evidence of their extra-marital relationship, even before their spouses suspect there was an extra-marital relationship at all. Finding concrete evidence of a cheating spouse can be a difficult chore all in itself, but proving that the extra-marital relationship was the cause of the divorce can be an even more difficult task. Oftentimes, courts view adultery as a symptom of an underlying issue in the marriage instead of the cause of the issue. Adultery could be the result of poor or miscommunication between spouses. If you do happen to have the ability to prove that adultery was the cause of your divorce, the impact of that evidence on the divorce case could be minimal at best. Adultery and Child CustodyAdultery is technically a crime in many states, but it is considered an ancient law and is rarely enforced. Generally, adultery has a minimal impact on the outcome of a divorce case. As a general rule, courts consider parenting and marriage as separate situations. A spouse could be an amazing parent while being a lousy spouse, and so, just because your spouse cheated on you don’t necessarily mean that the court will automatically decide in your favor when it comes to your children’s custody or financial support. As long as the cheating spouse has not carried on the extra-marital affair in front of the children, adultery also does not play a role in determining, which parent is given custodial rights to the children. However, in some states, when it is known in the divorce that one spouse committed adultery, this can affect the faithful spouse’s obligation to pay alimony to the unfaithful spouse, even if the unfaithful spouse can show a real financial need for the alimony. Also, in many states, the obligation to pay alimony is immediately rescinded, when the spouse receiving the alimony begins residing with another partner or person. There are a few different causes for adultery to have a direct impact on the outcome of a divorce case. • One way is that the cheating spouse used family finances and resources to support the extra-marital relationship. The reason is that those resources are considered the family’s and should be used with the family’s best interest at heart. In this instance, you would most likely be due more of the financial distribution. Settling your divorce involving adultery outside of court will give you the upper hand in divorce negotiations, and will speed the process. Not only that, but a settlement is often significantly less costly than an in-court divorce that could drag out for months and sometimes years. The demise of many relationship and marriage comes about, when one person in the relationship finds out that their spouse has been cheating on them and committing adultery. Most people assume, when adultery is the cause of marriage termination, that the faithful spouse holds all the advantages in the divorce settlement. This is not necessarily true. Whether or not adultery even has an impact on the divorce proceedings and decree is different from state to state. Some states place little to no weight on adultery, when considering the outcome of a divorce. Other states show even up to heavy favoritism towards the faithful spouse, when determining the separation of assets and custody in a divorce. Nowadays, adultery is not the marriage-ender it historically was. More couples are “trying to work it out.” Historically, men have been granted much more of a pass to commit adultery than women. When women committed adultery, it was usually punished more seriously. Even today in some countries, like Saudi Arabia and Iran, women who commit adultery can be put to death. In the U.S., a handful of states still legally consider adultery a crime, but the law is rarely, if ever, prosecuted. But just because no specific law instructs judges to consider extramarital affairs when figuring out child custody orders, there is still a possibility that it can have an implicit effect on child custody decisions. This is mainly because the attorneys, mediators and judges that negotiate child custody arrangements are just humans, and knowing that a spouse cheated can produce a subconscious prejudice that may come through during decision-making. In addition, even if judges are instructed not to consider adultery when overseeing a divorce proceeding, he or she might be less prone to make favorable decisions to the spouse who has committed adultery. An extramarital affair could likewise affect custody arrangements if proceedings are ongoing and may be likely to continue following the divorce case. For example, when making custody decisions in the best interests of the child, a judge would consider with whom and where the kid should live with. Not that adultery will be automatically damaging to the cheating spouse, but the person the cheating spouse was cheating with can have an indirect impact on custody arrangements. Divorce can be a traumatic process under the best of circumstances, but when a marriage ends over one spouse’s infidelity, the split can be even more difficult to navigate and that’s especially true when a couple has children. One of the most challenging aspects of divorce for families is figuring out who gets custody of the kids, and wives or husbands who’ve been cheated on might feel as if they’re entitled to be the primary caregiver (or even like their soon-to-be ex can no longer be trusted). If the extra-marital affair turns into a long-term relationship, for example, or if either parent wants to start dating again, they can agree that neither party will introduce the kids to a significant other without first meeting certain guidelines: They might have to get permission from their ex-spouse, take their child to talk to a therapist about the change, or mandate a waiting period (such as neither parent bringing a new love interest around the kids for six months post-divorce, etc.). Past conduct of a parent is not considered when dealing with custody or access issues if that conduct or behavior does not impact their effectiveness as a parent. However, this can be interpreted broadly in instances of infidelity and abuse. That means simply having an affair is not grounds on which people lose custody or access to their children. However, if you or your spouse committed adultery and are planning to build a relationship with this third person, it may impact custody and access to children of your original relationship. If your new spouse or partner intends to move in immediately after your separation and you want your children to live with you as well, this may pose a problem. For children of any age, it can be confusing and upsetting to see mom and dad together one day and then suddenly; mom or dad is sharing a bed, being affectionate with another person, or creating a new family structure. To expose a child to this type of trauma would be considered insensitive by most judges and not in the child’s best interests. What this behavior communicates to the court is that you as a parent are unable to put your child’s needs ahead of your own desires. Instead, be smart, be respectful of your children’s experience of the separation, have some patience and give it time before you start introducing a new partner to your children. Be sure that this person is around for the long run and understands that your priority is to be a parent first and a partner second. Failure to take these steps may mean an uphill battle in seeking custody of your children, which can damage them in the long run. Abuse of a child, family member, or romantic partner is an important factor in custody and access cases. It is the exception to section 24(3) of the Children’s Law Reform Act and any past abusive behavior by a parent will be considered by a judge when determining a child’s best interests. Abuse can be physical and/or emotional, and both forms are recognized by the court. When considering custody issues, judges will take into account the parents’ ability to collaborate and co-parent. In situations of joint custody, parties must be able to discuss all major decisions regarding the children and this can be problematic where there is a substantiated history of abuse by one spouse against the other. No judge would force a survivor of domestic abuse to interact with their abuser and would also be hesitant to expose a child to such parental interactions. As such, a parent’s abusive behavior towards the other parent can hurt their chances at gaining shared custody of the children, even if the abusive behavior was never directed at the children in question. As always in family law, the best interests of the children are paramount and that means every action you take within the family context can be considered in relation to their well-being for the purposes of custody and access. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can I Change Attorneys Once Divorce Proceedings Are Underway? Can I Get Alimony While Still Married? 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-get-custody-even-if-the-divorce-was-my-fault/ Before filing for divorce, learn all about alimony (or spousal support): what it is, how it works, and how it’s enforced. 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. What Is Alimony?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. Negotiating Alimony and Other Terms of Your DivorceIf you and your spouse don’t agree on alimony payments or other terms of your divorce (such as property division and child custody), it doesn’t mean you’ll have to battle it out in court. Divorce mediation—negotiation led by a neutral third party outside of court—is an excellent alternative for many. You might even be able to mediate your divorce online. It’s often worth the effort to try to resolve your divorce issues on your own: When you’re able to settle, you can save on attorneys’ fees and reach a faster resolution by DIY’ing your own divorce. If you can’t agree, you’ll need to file a formal motion (request) asking a court to decide alimony. The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order. One of the downsides of asking the court to decide is that if you’re represented by an attorney, the expense of going through a hearing can be significant. Even if you’re not represented by an attorney, you will have to spend a lot of time gathering evidence (such as financial documents) and preparing for the hearing. 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. Can I Get Alimony While The Divorce Is Pending?Divorce is usually an unsettling time for most people. Many of these feelings come from the uncertainty over what the future will bring, especially about money. It’s not uncommon for a lower-earning spouse to receive inadequate financial support in the early phases of separation. Alimony is designed to keep the lower-earning spouse at a standard of living similar to when they were married. Are you struggling to make ends meet while the divorce in progress? Did your spouse not leave you with enough money to get by? In Utah, you can get temporary alimony at the beginning of the divorce process without having to wait for the final judgment. There are also other options for filing for spousal support without the need to file a divorce complaint. You can file for spousal support even if a divorce isn’t pending. If you are a victim of domestic violence you can seek spousal support or partner support when you file for a restraining order. You can also seek spousal support if you are filing for a legal separation. To get spousal support or partner support you must be married or in a domestic partnership. How Do I File For Support If A Divorce Is Pending?You can request temporary alimony while you are waiting for the conclusion of your divorce matter. The spouse seeking the temporary alimony requests a hearing. At that hearing, a judge will calculate what alimony award, if any, should be given. Spousal support is referred to as either temporary alimony or permanent alimony. Temporary alimony is support paid by the higher-earning spouse to the lower-earning spouse during the divorce process. Permanent alimony is support paid after the conclusion of the divorce. Importantly, “permanent alimony” does not necessarily mean life-long alimony. Permanent alimony typically has an end date that is related to the duration of the marriage and other factors It is important to speak to an experienced attorney to who can clarify the complex issues that go into this determination. Does The Court Discriminate Based On Gender When Ordering Spousal Support?The family law judges in Utah are not allowed to discriminate based on gender for any issue involved in a divorce or legal separation case, including when spousal support is at issue. The United States federal law as well as Utah law ensures that biases regarding gender is to be avoided. Can I Obtain Spousal Support On An Emergency Basis?We often see cases where spouses separate from one another and the employed spouse “cuts off” the unemployed spouse from access to any community funds or income. These circumstances present an immediate need to file papers in court. In Utah, the procedure to address this problem usually involves the prompt filing of a divorce case along with a Request for Order for temporary alimony. A Request for Order is a “motion” where the person asks the court to make some type of temporary order, in this case for alimony, and a hearing date is set. Additionally, we often file an “ex parte application” to ask the court to grant an expedited hearing date so that the person in dire need of spousal support doesn’t have to wait a month or two for a hearing date. As you might suspect, the court generally does not appreciate it when one spouse completely cuts off the other spouse from having money to live and pay bills. What Happens When A Support Recipient Remarries?There are several “automatic” ways spousal support ends under Utah law. First, if a support obligor or recipient dies, spousal support will terminate. Second, if a specific date is reached for which the parties agreed or the court ordered spousal support to end. Third, when the recipient of spousal support remarries, spousal support will no longer be payable to that spouse unless the parties specifically agreed in their divorce Marital Settlement Agreement that spousal support would continue to be paid even upon remarriage. Termination or Modification of Alimony in UtahWhen a supported spouse gets remarried, alimony typically ends. However, if a supported spouse is simply living with someone else or has an increase in income, the paying spouse needs to file a motion to modify support and ask a court order to lower or end alimony payments. If you’re paying alimony and your ex-spouse is living with someone else or has increased income, you should ask your ex-spouse to agree to lower or end alimony. You can sign a formal agreement and file it with your divorce court to modify or terminate alimony. If your ex-spouse disagrees, you should file a motion to modify or terminate alimony with the court that granted your divorce. You’ll need to state how circumstances have changed and why that warrants a modification or termination of alimony. For example, your spouse’s increase in income, your spouse’s lowered needs, or your spouse’s living with another person in a romantic relationship may all qualify as a “change in circumstances” that the court can use to lower or end your support payments. Impact of Cohabitation on AlimonyUnder Utah law, there is a rebuttable presumption that alimony can be reduced, and possibly terminated when the supported spouse is cohabiting with someone else The rebuttable presumption means that the court will presume that a reduction or termination of alimony is appropriate unless the supported spouse can prove a continuing need for alimony payments despite living with someone else. As with remarriage, you and your spouse can agree in your divorce settlement agreement to continue spousal support if the supported spouse remarries. If you don’t have a written agreement, and the supported spouse will not agree to lower or end alimony, you can file a motion asking the court to modify support. The court won’t directly consider the income of the person with whom the supported spouse is living when deciding whether to lower or end alimony, only the supported spouse’s new financial circumstances. Cohabitation is more than a roommate relationship—it usually requires a personal, romantic relationship. However, if the supported spouse is living in a roommate situation, the court may still find the need for support has decreased and may modify alimony. The Ten-Year Rule For Spousal SupportThe length of your marriage is an essential factor in how long spousal support payments continue. Generally, if a couple is married less than ten years, the duration of spousal support payments is one-half of the duration of the marriage. Therefore, if you were married for eight years, you will pay spousal support for four years. However, the judge has discretion to order a longer or shorter duration for the payments. Couples who are married for more than ten years are considered to have a long-term marriage. In these cases, judges are not permitted to set an end date for support payments. Therefore, other factors determine when spousal support payments end. Marital Agreements and Spousal SupportPrenuptial agreements and post-nuptial agreements may set the amount and duration of spousal support payments. If the marital agreement is valid, the court should uphold the terms of the agreement. For example, let’s assume a couple is in a long-term marriage. However, the marital agreement calls for short-term or lump sum alimony. Therefore, the court should enforce the agreement, even though the spouse could have received permanent alimony payments if they did not enter the marital agreement. Negotiating Spousal Support PaymentsA couple may come to an agreement as to the duration and amount of spousal support payments. In these cases, the spouses agree to the terms for alimony payments. The couple may use a mediator or family law facilitator to help negotiate spousal support payments. Litigating Spousal SupportIf a couple has no marital agreement and cannot agree to the terms of spousal support, the court will decide the terms. As stated above, the length of the marriage is a significant factor in how long spousal support payments last in Utah. Temporary spousal support is often calculated based on a formula. You can read about the formula by accessing the Family Court Rules for the county where your case is filed. Other factors the court considers when deciding a spousal support case include: 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 Get Alimony While Still Married? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can I Adopt A Child If I Am Transgender? Can I Change Attorneys Once Divorce Proceedings Are Underway? 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-get-alimony-while-still-married/ Adoption is one of many different family-building options that you can choose from. Although it’s a great option, the Utah newborn adoption process isn’t the right option for every family. Before beginning the Utah child adoption process, couples must be united in their adoption goals and expectations. If you struggled with infertility, you’ll need to first deal with any lingering grief before adopting a child in Utah and release the dream of having a biological child so that you can begin your new dream of adoption. Which Utah Adoption Professional is Right for You?If you’ve concluded that you’re ready to pursue adoption, you’ll next need to decide which adoption professional you want to complete you adoption in Utah. First, consider the type of Utah adoption you want to complete. The adoption requirements for each type of child adoption Utah will be different, so you may wish to take those requirements into consideration. The different types of adoption in UT include: Domestic Infant AdoptionFor those who want to adopt an infant in Utah, a domestic adoption agency like American Adoptions can help you complete the process. To receive all of the services required to adopt a child in Utah, it’s recommended that you work with a national adoption agency rather than a smaller local agency which, unlike national agencies, will usually be limited to working with birth and adoptive parents within the immediate area of Utah. Foster Care AdoptionSome hopeful adoptive families are flexible about the age and needs of the child they intend to adopt in UT. In these cases, a foster care adoption can be a great option. There are an estimated 2,100 to 2,600 children in state custody in Utah, and 13 to 18 percent of those children will become eligible for adoption. Many of those children are part of sibling group, are older, or have additional needs. International AdoptionProspective adoptive families who are comfortable without much knowledge of a child’s background may consider an international adoption in UT. Depending on the country you adopt a child from and the agency you work with, the requirements, costs and restrictions of adopting a child internationally will vary. Beginning the Process of Adoption in UTOnce you’ve determined which type of Utah adoption professional you want to work with, and the agency that will complete your adoption in UT, you’re ready to begin the adoption process. Adoptive families who are working with American Adoptions will fill out their Adoption Planning Questionnaire (APQ) at this stage, along with creating an adoption profile, completing their Utah adoption home study and more. The completion of these steps will approve you to adopt in Utah with the agency as well as on a state and federal level. After this approval, your adoption profile is ready to be shown to expectant mothers who are looking to find adoptive parents in Utah and across the U.S. Finding a UT Adoption Opportunity with Expectant ParentsOnce your adoption profile becomes active, it can take a few weeks or a few months for an expectant parent to choose you for an adoption opportunity, but 75 percent of families who adopt a child with American Adoptions are placed with a child within 1 to 12 months. This adoption wait time varies for several reasons, including your openness to a wide range of adoption opportunities in your APQ and the personal preferences of each expectant mother searching for adoptive parents. Finalizing the Adoption in UtahBefore adoption finalization can occur, the biological parents of the child must first offer their consent to the adoption. Consent may be given no sooner than 24 hours after the birth of their child, and that consent must be signed before a judge or a person from a licensed child-placing agency. In the state of Utah, consent is not revocable once signed. American Adoptions secures legal representation for both birth and adoptive families to make sure that everyone fully understands the legal steps of adoption in UT before moving forward. If you work with a national adoption agency like American Adoptions, you may adopt a child from outside of Utah. If that is the case for you, Interstate Compact on the Placement of Children (ICPC) clearances will need to be granted before you can go home to Utah with your baby. Whenever children are adopted across state borders, the ICPC process occurs to ensure that those children are going to safe homes, so this step is also required for adoptive families who live outside of UT and adopt a child from Utah. However, if you live in and adopt a child in Utah, ICPC is not needed. After returning to Utah with your child, you’ll complete your post-placement home study requirements. Several months after you’ve completed your post-placement study, your adoption finalization hearing is scheduled to occur in your local district court, according to Utah adoption jurisdiction laws. The adoption finalization hearing is where you’ll be granted your legal parental rights as well as the final decree of adoption, which legally completes the Utah adoption process. Adoptions in Utah are an ongoing journey for birth families, adoptive families, and adoptees. Whenever possible, American Adoptions encourages open adoptions. Studies have shown that increased openness in adoptions is beneficial for birth and adoptive parents, but most of all, for adoptees. With open adoptions in Utah, birth and adoptive families can stay in touch throughout their lifetimes. There’s no set way to have an open adoption, so you can have the post-adoption relationship that makes everyone feel loved, comfortable and fulfilled. Some birth parents want direct contact through phone calls, emails and in-person visits; others wish to have indirect contact with the adoptive family through a semi-open adoption. Your adoption specialist will detail a prospective birth mother’s wishes when you receive an adoption opportunity. Raising a child is expensive: about $245,000 until age 18, according to the U.S. Department of Agriculture. Since children obviously can’t support themselves, parents are responsible for providing clothing, shoes, food, school supplies, medical care, toys, books, transportation, music lessons, sports gear, driver’s ed, college tuition… the list goes on and on. Adoption is a joyful occasion, but if you’re thinking about adopting a child in Utah, you should be prepared to undertake some major expenses. How Much Money is an Adoption?Unfortunately, there isn’t a single, clear-cut answer to this question. The cost of adoption can vary widely depending on the type of adoption you’re interested in, the age of the child or infant, and other factors. According to the Independent Adoption Center (IAC), a non-profit organization which has placed more than 4,000 infants since 1982, the price of adoption can range anywhere from free to $50,000 on average. The Adoption Exchange in Salt Lake City estimates slightly different numbers, writing that private adoptions generally range from $5,000 to $40,000. IAC notes that county-based fostering or adoption programs are generally less expensive – usually less than $1,000 – but seldom place babies, focusing instead on older children. If you and your spouse have your hearts set on welcoming an infant into your home, these programs are probably not the ideal place to start. If you want to adopt a baby through a non-profit organization, you can typically expect costs in the range of $10,000 to $25,000, according to the IAC. Adoptive mothers and fathers must also remember that there can be various fees associated with other components of the adoption process. For instance, Utah Adoption Specialists in Provo will charge $700 for a domestic home study and $150 (per visit) for post-placement supervision, according to their website. That being said, adoption agencies do include various services in the adoption fee. For example, Heart to Heart Adoptions in Sandy says their adoption fee ranges from $24,000 to $36,000. This covers, among other services, the initial application, education and support, and paternity searches/notification to birth fathers. The average adoption fee at Heart and Soul Adoptions in Centerville ranges from $35,000 to $60,000, according to their website. This includes medical expenses and counseling for the birth mother (which is required by state law), but excludes home studies and post-placement services. Adoptive parents must demonstrate that they have sufficient financial resources to take good care of a growing child. However, some agencies offer financial assistance in the form of a subsidy. When you contact an agency, ask about the rules and requirements for getting financial assistance. You will need to apply for assistance through a social worker. The application will then be reviewed by the Department of Human Services (DHS). The Utah Division of Child and Family Services (DCFS), which is part of the DHS, has numerous financial aid resources for adoptive parents. Things You Need to Know About the Adoption Process in UtahChild adoption in Utah can be done in different ways; it can be done by a step-parent, foster parent, relatives, single people, or a married couple. Adoption and foster care can also be done from care or through international adoptions. The most common adoptions in the United States are step-parent adoptions, where a custodial parent remarries and the non-custodial parent renounces their parental rights so a stepfather or stepmother can proceed to adopt a child. There are different adoption options when adopting children in Utah. Adoption can usually be done through: Full adoption of a child across state lines or international adoptions must follow adoption laws stated in the Interstate Compact for the Placement of Children (ICPC). If adoption is done through a private adoption agency, they usually have their adoption attorney who can provide adoption services to help you through the adoption process in court. If you’re planning to start a family through a Utah adoption (especially if you’re planning to go for a private adoption), it is best to seek the legal assistance of Utah adoption lawyer to help you in processing your adoption records and paperwork. While it is relatively easy to adopt in Utah, it is still ideal to hire adoption attorneys who can help you understand the different adoption laws, and help you avoid high adoption costs. Who is Eligible to Adopt in Utah?If you’re looking to adopt and care for an adopted child, welcoming them into a nurturing and loving family as adoptive parents is first and foremost the most important qualification. Aside from these, you must also qualify under the following categories when adopting a child: Before a child can be placed for adoption and eligible for adoption, there should be a termination of parental rights of their biological parents. Birth parents must first give up their legal rights as parents either unwillingly or willingly. Adoptees or children for adoption who are 12 years old and above must also give their legal consent to start the adoption process. How Utah Family Law Attorney Can HelpIf you are looking into being an adoptive family, seeking help from an adoption lawyer is beneficial. The legal process of adopting a child can be overwhelming, but Utah family law attorneys can help. Every child deserves to have lifelong parents who can give them the love and care they need. Contact us today for a free consultation adoption information. 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 Much Does Adoption Cost? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Can I Adopt A Child If I Am Single? Can I Adopt A Child If I Am Transgender? Can I Change Attorneys Once Divorce Proceedings Are Underway? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-much-does-adoption-cost/ |
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