While child custody and visitation issues arise most often as part of a divorce, parents going through a divorce are not the only people who might be involved in a child custody situation. Custody disputes can arise between unmarried parents; grandparents can seek to enforce their rights to visitation with their grandchildren; and in rare cases relatives or others having a close relationship with a child may seek to be awarded custody. Following is a discussion of custody and visitation matters involving unmarried parties. Custody Without DivorceWhen a child’s parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody. An unwed father often cannot win custody over a mother who is a good parent, but he can take steps to secure some form of custody and visitation rights. For unmarried parents involved in a custody dispute, options for the custody decision are largely the same as those for divorcing couples — child custody and visitation will be resolved either through agreement between the child’s parents, or by a family court judge’s decision. But, unlike divorcing couples, unmarried parents will not need to resolve any potentially complicated (and contentious) divorce-related issues such as division of property and payment of spousal support, so the decision-making process is focused almost exclusively on child custody. For this reason, resolution of custody and visitation may be more simplified for unmarried parents. If unmarried parents do not reach a child custody and visitation agreement out-of-court, the matter will go before a family court judge for resolution. Especially when making child custody decisions involving unmarried parents, the family court’s primary consideration will be to identify the child’s “primary caretaker.” Custody When You’re Not a ParentIn some cases, people other than a child’s parents may wish to obtain custody — including relatives like grandparents, aunts, uncles, and close family friends. Some states label such a situation as “non-parental” or “third-party” custody. (Note: Other states refer to the third-party’s goal in these situations as obtaining “guardianship” of the child, rather than custody.) Whatever the label, most states have specific procedures that must be followed by people seeking non-parental custody. The process usually begins when the person seeking custody files a document called a “non-parental custody petition” (or similarly-titled petition) with the court, which sets out the person’s relationship to the child, the status of the child’s parents (living, dead, whereabouts unknown), and the reasons the person is seeking (and should be granted) custody. Usually, a copy of this petition must also be delivered to the child’s parents, if they are living and their whereabouts are known. See examples of non-parental custody requirements and petitions are Custody by Non-Parent; Nonparental Custody of a Child; and Guardianship of Minor Children. Grandparents’ Rights to VisitationIn addition to seeking custody of children in some situations, grandparents may also wish to enforce their legal right to visitation with their grandchildren, if that right is being interfered with by the child’s parent(s), i.e. after a divorce or separation. All 50 states and Utah have some variation of a law protecting grandparents’ right to visitation with their grandchildren. Child Custody Lawyer Free ConsultationIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Vacation and Sick Leave in Your Business Protecting Assets From Divorce via Michael Anderson https://www.ascentlawfirm.com/non-divorce-custody-and-visitation/
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The Securities and Exchange Commission charged a former employee with securities fraud in connection with his trading of options and other securities. The SEC’s complaint alleges that David R. Humphrey, who worked at the SEC from 1998 to 2014, concealed his personal trading from the SEC’s ethics office and later misrepresented his trading activities to the SEC’s Office of Inspector General when questioned during an investigation. “As alleged in our complaint, Humphrey never sought pre-clearance for his prohibited options trades and he filed forms that falsely represented his securities holdings,” said Gerald W. Hodgkins, Associate Director in the SEC’s Division of Enforcement. SEC employees are subject to rigorous rules regarding securities transactions to guard against even the appearance of using public office for private gain. The ethics rules specifically prohibit trading in options or derivatives. The rules also require staff to disclose their securities holdings and transactions to the agency’s ethics office in annual filings. According to the SEC’s complaint, Humphrey violated the rules by engaging in transactions involving derivatives, failing to obtain pre-clearance before trading non-prohibited securities, and failing to hold securities for the required period. The SEC’s complaint charges Humphrey with violating Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act. Humphrey has agreed to settle the charges and pay $51,917 in disgorgement of profits made in the improper trades plus $4,774 in interest and a $51,917 penalty. Humphrey also agreed to be permanently suspended from appearing and practicing before the SEC as an accountant, which includes not participating in the financial reporting or audits of public companies. The settlement is subject to court approval. In a parallel action, the Department of Justice today announced that Humphrey has pleaded guilty to criminal charges stemming from his false federal filings. The SEC’s investigation was conducted by Gary M. Zinkgraf and Tom Bednar, and the case was supervised by Jeffrey Weiss. The SEC appreciates the assistance of the U.S. Department of Justice’s Fraud Section. SEC CHARGES BROKERAGE FIRM WITH FAILING TO COMPLY WITH ANTI-MONEY LAUNDERING LAWSThe Securities and Exchange Commission today charged a Salt Lake City-based brokerage firm with securities law violations related to its alleged practice of clearing transactions for microcap stocks that were used in manipulative schemes to harm investors. To help detect potential securities law and money laundering violations, broker-dealers are required to file Suspicious Activity Reports (SARs) that describe suspicious transactions that take place through their firms. The SEC’s complaint alleges that Alpine Securities Corporation routinely and systematically failed to file SARs for stock transactions that it flagged as suspicious. When it did file SARs, Alpine Securities allegedly frequently omitted the very information that formed the bases for Alpine knowing, suspecting, or having reason to suspect that a transaction was suspicious. As noted in the complaint, guidance for preparing SARs from the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) clearly states that “explaining why the transaction is suspicious is critical.” “As alleged in our complaint, by failing to file SARs, Alpine Securities deprived regulators and law enforcement of critically important information often related to trades in microcap securities used to investigate potentially serious misconduct,” said Julie Lutz, Director of the SEC’s Denver Regional Office. The SEC’s complaint charges Alpine Securities with thousands of violations of Section 17(a) of the Securities Exchange Act of 1934 and Rule 17a-8. The SEC’s investigation was conducted by L. James Lyman and Ian S. Karpel of the Denver Regional Office with assistance from Daniel J. Goldberg, Damon Reed, and Andrae S. Eccles of the Enforcement Division’s Bank Secrecy Act Review Group. The litigation will be led by Zachary T. Carlyle and Terry Miller and supervised by Gregory A. Kasper. The SEC’s examination that led to the investigation was conducted by Denise S. Saxon, Phil Perrone, and Joni S. Marks with assistance from Lisa Byington. The case involves the Enforcement Division’s Broker-Dealer Task Force, which is led by Antonia Chion and Andrew M. Calamari and focuses on current issues and practices within the broker-dealer community, developing national initiatives for potential investigations. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of Utah, the U.S. Department of Homeland Security, FinCEN, and the Financial Industry Regulatory Authority. WHISTLEBLOWER AWARD OF MORE THAN HALF-MILLION DOLLARS FOR COMPANY INSIDERThe Securities and Exchange Commission today announced that a company insider has earned a whistleblower award of more than $500,000 for reporting information that prompted an SEC investigation into well-hidden misconduct that resulted in an SEC enforcement action. “This company employee saw something wrong and did the right thing by reporting what turned out to be hard-to-detect violations of the securities laws,” said Jane Norberg, Chief of the SEC’s Office of the Whistleblower. “Company insiders are in a unique position to provide specific information that allows us to better protect investors and the marketplace. We encourage insiders with information to bring it to our attention.” The whistleblower award is the second announced by the SEC in the past week. Approximately $154 million has now been awarded to 44 whistleblowers who voluntarily provided the SEC with original and useful information that led to a successful enforcement action. By law, the SEC protects the confidentiality of whistleblowers and does not disclose information that might directly or indirectly reveal a whistleblower’s identity. Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million. All payments are made out of an investor protection fund established by Congress that is financed entirely through monetary sanctions paid to the SEC by securities law violators. SEC Lawyer Free ConsultationIf you need help with an SEC matter or securities law issue, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Personal Representative of the Estate Vacation and Sick Leave in Your Business Misteps We See In Utah Divorces via Michael Anderson https://www.ascentlawfirm.com/sec-charges-former-staffer-with-securities-fraud/ So you’ve decided to get a divorce and think you know what to do. But time and time again, people make the same mistakes and suffer because of them. Keeping in mind some of the following tips throughout your divorce can benefit you both emotionally and financially. Here are some of the most misteps we’ve seen during a divorce: Revenge – going out of your way to be vindictive. Many people have been hurt by their spouses and use divorce as a way to get back at them. A great deal of time and energy can be wasted if you allow anger and resentment to influence your actions in a divorce proceeding. Refusing mediation – or delaying it. Rather than immediately embarking on an adversarial divorce to attack your spouse, it can be helpful to consider mediation. Even if you and your spouse aren’t getting along, the assistance of a mediator could be what you need to navigate a smoother road towards separation. The mediator can help you understand which of your demands are reasonable and which are not customarily sustainable. Involving children in your divorce is always a mistep. One of the biggest mistakes parents make is involving their kids in a child custody battle. Children should be left out of all arguments between adults. Making kids choose sides can have negative effects on their emotional well-being and create long-standing damage you will regret. Ignoring health concerns – get the help you need now. A divorce can be a stressful time of your life. It is important that you don’t neglect your own health during the proceedings. Eat well, exercise, and if you find yourself suffering from depression, contact a professional for help. Using Your Child as a WeaponEven in the best of circumstances, divorce is usually hard on children. But a manipulative parent can force children to choose sides through hostile aggressive parenting. This type of action can lead to what is known as parental alienation syndrome — a situation in which one parent turns a child against the other parent. Actions that constitute aggressive parentingAny vilifying words or isolating actions the parent employs to alienate your children from you may be considered hostile, aggressive parenting. Some tactics the parent might use include:
Preparing for a Child Custody EvaluationYou and your spouse have argued incessantly over who should get custody of your children. You’ve tried negotiations and mediations and cannot reach an agreement. You have now asked a judge to decide. In Utah, the court is instructed to decide on a custody and visitation arrangement that is in the child’s best interest. A child custody evaluation is designed to assist the court in making this crucial ruling. Conducted by a psychiatrist, psychologist or social worker, judges typically rely heavily on the recommendations made in the custody evaluations. What to expect from the child custody evaluationThe primary objective of the evaluation is to offer an opinion — backed by the evidence collected during an intensive investigation — as to which parent can best serve the needs of the children. The custody evaluator considers relevant issues, such as family dynamics, parental interactions, cultural issues, parenting attributes and the children’s individual educational, physical and psychological needs. The assessment may include:
The custody evaluator will provide the detailed report to the judge or court commissioner and may be called as a witness to testify at your custody hearing. Divorce Lawyer Free ConsultationIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do You Need To Report Child Abuse Missing Chapter 13 Bankruptcy Payments What is a Brain Injury and Why Do I Need a Lawyer? Personal Representative of the Estate Vacation and Sick Leave In Your Business via Michael Anderson https://www.ascentlawfirm.com/misteps-we-see-in-utah-divorces/ Depending on what state you live in, the law may or may not require employers to offer vacation time and sick leave to employees. However, even if not required to do so, many employers provide these benefits to full-time workers as a way to retain employees and to provide job satisfaction. In addition, employees with health care coverage typically call in sick less often. If the law does not require vacation and sick leave, then these benefits are established by agreement between an employer and an employee. Employers can define the terms of these benefits in an employee handbook, but must be aware of certain legal implications if they do offer such benefits. This article briefly summarizes how the law addresses employee benefits such as paid vacations and sick leave. The Law of Paid VacationIf providing vacation time to employees, an employer should:
In some states, because an employee earns vacation time as work hours accumulate, vacation pay is a form of wages. Depending on the employer’s plan, vacation time, for example, may accumulate on a daily or weekly basis. Consequently, earned and unused vacation time must be paid to the employee upon termination of employment, unless a collective bargaining agreement provides otherwise. Sick Leave Under the LawIf providing sick leave, an employer should:
Some municipalities, but not all, require employers to provide a certain number of paid sick days. Make sure you check the laws and ordinances in your jurisdiction before drafting a sick leave policy. Call us to discuss what is required of your business. Keep in mind that you can also have a policy manual and give more sick leave than is required under the law. Law of Paid Time OffMany larger companies have combined sick leave and vacation into one lump sum called Paid Time Off (PTO). Under this system, employees receive a certain number of days for vacation, sick leave, and personal time. For example, if a company grants 10 days of vacation, 5 sick days, and 2 personal days, the employee would have a total of 17 days of paid time off. Many companies have converted to this method to prevent abuse of sick time and to provide employees with flexibility to take time off when desired. Upon termination of employment, the employer must pay the employee for unused paid time off, including vacation, sick leave, and personal days. Unpaid Leave Under FMLAThe federal Family and Medical Leave Act (FMLA) allows qualified employees to take up to 12 weeks of unpaid leave under certain circumstances. A qualified employee is an employee who has worked for the employer for at least a year and has worked at least 1,250 hours during the previous 12 months. The act applies to employers with at least 50 employees within a 75-mile radius. The employee can take unpaid leave:
In addition, many states provide additional benefits through their own family and medical leave laws. Employer Lawyer Free ConsultationWhen you need to speak with lawyer about paid leave or sick leave in your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do You Need To Report Child Abuse? Who Gets the House in Divorce? Personal Representative of the Estate via Michael Anderson https://www.ascentlawfirm.com/vacation-and-sick-leave-in-your-business/ When dealing with end of life issues, people often get overwhelmed. Whether you’re deciding who should be your personal representative (also called an executor or executrix of your estate), or if you’ve been named the personal representative of a will, it doesn’t need to be complex or stressful. Here are some simple guidelines. Who Can Be an Personal representative of a Will?An personal representative is someone named in your will, or appointed by the court, who is given the legal responsibility to take care of any remaining financial obligations. Typical duties include: Distributing assets according to the will, Maintaining property until the estate is settled (e.g., upkeep of a house), making court appearances for the estate with the lawyer and paying the bills and taxes for the estate. The money to perform these duties comes from the estate itself. If the will is complex, or if significant court time is required, an personal representative may want to hire a lawyer to assist in the handling of the estate, also at the estate’s expense. Who Should Be My Personal representative?Typically, you can choose almost anyone as the personal representative of a will (but see below for restrictions). Most wills are fairly straightforward, and no legal or financial knowledge is typically required. As a result the most common personal representatives are, spouses, children, or siblings. The key qualities that an personal representative needs are honesty, organization and communication. Honesty as a virtue speaks for itself. People often overlook, however, the necessity of being organized and the ability to communicate. The distribution of the will can become a mess if it is handled by someone who simply lacks these key qualities. What Qualities Should I Consider When Choosing The Personal Representative?In addition to honesty, organization and communication, other important considerations should also play into who you choose as your personal representative. For instance, family dynamics are extremely important in end of life issues. Who you choose can lead to in-family squabbling and will contests, so carefully consider the impact of who you choose. Whether they should or not, people read into your decisions and assume you are making judgments regarding their worthiness (e.g., naming the youngest child as the personal representative of a will because he or she is a lawyer or accountant may still be construed as favoritism). Another basic consideration is the personal representative’s location. Things such as court appearances, checking mail and property maintenance can be considerably more difficult if the personal representative does not live near where the majority of the assets are located. Typically, it is often helpful to select someone who stands to inherit a significant amount of property under the will. This is helpful because self-interest can help ensure that the property is well maintained, and is handled in a timely manner. If possible during your lifetime, discuss being the personal representative of a will with the person you wish to name in your will. It is important that the person be willing to serve as the personal representative and for that person to understand where your records are kept. Should I Name an Alternative Personal Representative?Yes. Be aware that whoever you named as your personal representative, even if they agreed to be your personal representative during life, may decline the responsibility when it is time. For this reason alone, it is helpful to name alternative personal representatives. If you do not and your original personal representative declines the responsibility, the court will choose an personal representative for you. The less decision making you leave to a court the better, so name alternative personal representatives in your will. Are There Any Restrictions on Who I Can Name as My Personal Representative?Yes. Generally anyone can be your personal representative. The major exceptions to this are that children under the age of 18 typically cannot be personal representatives. Felons typically cannot be personal representatives. Some states have limitations on out-of-state personal representatives, requiring them to also be primary beneficiaries so check your state’s laws. Some states require out-of-state personal representatives to obtain a bond to insure the estate against wrongful use, so ensure that whoever you choose can cover such a bond and check your state’s laws Each state’s laws are different, so always look into your state’s laws before naming an personal representative. Should my Personal Representative Hire Lawyers or Other Professionals?Yes. Many wills are fairly routine and simple, and require no specialized knowledge. Even if you go through probate court, the paperwork required does not require a legal degree. On the other hand, if there are disputes, complex property issues, significant tax liability, etc., an personal representative should seriously consider getting professional help in the form of a lawyer, or depending on the issue, an accountant. Finally, personal representatives shouldn’t be afraid to ask the court for assistance; if the judge feels that it is necessary, he or she will almost assuredly advise you to get a lawyer. Estate Lawyer Free ConsultationWhen you need help with estate planning or choosing your executor, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Support Collection From Social Security Fruit and Vegetable Dispute Resolution Corporation Do You Need to Report Child Abuse? via Michael Anderson https://www.ascentlawfirm.com/personal-representative-of-the-estate/ All states require that if certain defined persons know or suspect that child abuse is going on, they report the abuse to the authorities. Reports of abuse and actual abuse can affect child custody in Utah. These mandatory reporting laws were instituted to help promote awareness of child abuse and early intervention, if possible. To that effect, the laws make reporting quite straightforward. In most states, reports are anonymous and there’s generally no reason to be hesitant about making a report if you genuinely suspect that child abuse is occurring. The laws of most states don’t punish people for making a good faith effort to report child abuse. A reporter might, however, be punished if he or she was reporting child abuse without any basis for such a belief, and if the report was motivated entirely by a desire to get the reported person in trouble with the law – known as malice. Mandatory Reporters In most states, professions that engage in regular contact with children are listed as mandatory reporters. In at least 18 states, however, there are no listed mandatory reporters –anyone and everyone who knows or suspects that child abuse has occurred is required by law to make a report. In Utah, we have the Child Abuse or Neglect Reporting Requirement in Utah Code 62A-4a-401 and Utah Code 53E-6-701. Under these code sections, if you are a nurse, or doctor, or police officer, or law enforcement you should be reporting abuse. If you are a member of the clergy and are bound by the church doctrine or practice to maintain confidentiality of a confession, you’re not required to report. In other states with defined mandatory reporter lists, however, the following professions are frequently listed:
You can find a list of mandatory reporters in your particular state. If you would like to learn more about whether your profession is a defined mandatory reporting profession in your state and what duties you may have been ascribed, please contact a qualified attorney or speak with your institutional administrators. Mandatory Reporting of Child Abuse and Permissive Reporting of abuseThough the states may differ with regard to who is a mandatory reporter, in every state everyone is permitted to report child abuse. A person who reports child abuse voluntarily is known as a permissive reporter. To better understand the difference, consider the following situation. Suppose that you’re a homemaker, and you’re aware of child abuse occurring next door at the neighbor’s house. If you reside in a state where there’s a defined list of mandatory reporters (various professions), then you wouldn’t necessarily have to report this abuse. In other words, you wouldn’t be punished for failing to report. On the other hand, if you resided in a state where all persons are mandatory reporters (no matter their profession), then you would have to report the neighboring child abuse or you would be subject to possible criminal penalties (most likely a misdemeanor offense). But what if you actually wanted to report the abuse? That’s perfectly okay, and even encouraged. Even if you’re not a mandatory reporter, you can report the abuse to local authorities. As a voluntary reporter you’ll also enjoy immunity from liability for a good faith report of suspected child abuse. Child Custody Lawyer Free ConsultationIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Support Collection From Social Security Responding to a Petition for Child Support via Michael Anderson https://www.ascentlawfirm.com/do-you-need-to-report-child-abuse/ If you’re thinking about selling your business, you need to know the different business valuation methods in order to get the best price possible. First of all, you’ll need to know how much your business is worth so that you have an idea of where to set the asking price. With the rise of Internet databases and more readily available information on comparable business sales, valuing a business involves more accuracy and less guess work, but it’s still not a precise science and there is lots of room for divergent valuations. There are several different methods of valuating a business, each of which takes a different perspective when looking at the business’s value. While there’s no “right” valuation method, if you calculate poorly, or decide to use your own methodology, you could certainly end up with several “wrong” prices and end up with the short end of the stick. Business Valuation MethodsThe three most common and basic approaches to business valuation are the following:
The Method of Multiple of Discretionary EarningsThe income based approach has several subsets that appraisers use to valuate a business. The most common, particularly for small businesses, is called the “Multiple of Discretionary Earnings” method. Discretionary earnings are simply your pretax earnings, salary, depreciation, and other expenses. There are two steps in the Multiple of Discretionary Earnings method. Step one is to calculate the business’ discretionary earnings for the next several years. You can take your most recent earnings and estimate what’s likely to happen going forward or you can average your last several years and use that figure. Step two is to multiply your figure by anywhere from 0 to 3. An average for most small businesses would be between 1.5 (higher for businesses that perform above average). This multiplied figure accounts for the tangible business assets that the business will use going forward. For example, if you calculate your discretionary earnings to be $50,000 and the business performs above average, you might multiply the figure by two, to reach a value of $100,000. Other Business Valuation Factors to ConsiderWhile the above methods factor in tangible assets and revenue forecasts, don’t forget about intangible issues such as customer goodwill (the customer loyalty and good reputation the business has engendered over the years). Assuming you have a high level of goodwill, you should be comfortable asking for the high end of your price range. There are other factors individual to business owners. If you need cash badly and simply want to sell, you’ll probably have to be content with a lower price and quick sale. On the other hand, if selling to someone who shares your vision and affinity for the business is important, you may have to wait for the right buyer. Additionally, depending on the market and economic climate, you may be able to sell for higher or be forced to sell at lower than fair market value. Business Valuation Lawyer Free ConsultationWhen you need help from a business valuation lawyer, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Transfer on Death Beneficiary for Property Child Support Collection from Social Security via Michael Anderson https://www.ascentlawfirm.com/business-valuation-lawyer/ When your former spouse becomes delinquent with child support payments, you may be wondering how you can get the money you are owed. One route that isn’t normally taken, but is still a possibility, is to garnish Social Security benefits. First, it’s important to determine what kind of Social Security benefits your former partner receives. You will not be able to collect your payments if he or she receives supplemental security income (SSI), because it is considered a welfare benefit, not an earned benefit. Other types of Social Security benefits, however, could be subject to wage garnishment if you file a request in your local Social Security office. For the agency to garnish those benefits, you will need to have a judge issue an income withholding order. This means that you must have already proved in court that your ex has been delinquent on their payments. Once your judge has sent this order to your local Social Security office, the people there will then enter your case data into their system and start withholding child support payments from your former spouse’s Social Security benefits. Make sure you tell your child support lawyers about the need to collect child support from social security benefits. Sometimes, if you don’t have the specific language in the child support order about collecting it from social security; the social security office won’t withhold it and you’ll have to go back to court! If your ex-spouse is not currently receiving any benefit payments, your order for garnishment of those payments will stay on file with the Social Security office, and as soon as he or she begins collecting them again, the deductions will continue. Federal law dictates that Social Security offices can only withhold up to 65 percent of the monthly payments that your ex receives. Friends During a DivorceOne of the more difficult parts of a divorce is how you manage the friendships you share with your former spouse. Your friends may feel like they have to choose one of you over the other. If they do try to maintain friendships with each spouse, it can take some careful social planning to avoid awkward situations. It’s possible to maintain shared friendships after your divorce. Below are some tips to help you accomplish that: You should try to talk about it with your spouse and discuss your concerns with your spouse and figure out what an ideal situation would look like moving forward. Which relationships would each of you prioritize? Role play how you think you will feel about being around your former spouse after your divorce. It can help to broach this subject with your spouse during the divorce process to mitigate any awkwardness that could occur in social situations. Talk to everyone by being forthcoming about your struggles with your friends, and help them become more comfortable with the idea of maintaining relationships with both you and your former spouse if they wish to do so. It is possible that some friendships will end — especially those that involve your former spouse’s closest friends. There is no doubt that this can be painful, but if you accept this fact from the start, you can take some of the sting away when it comes to pass. It might help to set some parameters or ground rules for how you will move forward in your shared friendships. For example, you should never try to use your friends as weapons against each other, and avoid speaking ill of your former partner in front of the friends you share. Child Support Lawyer Free ConsultationIf you have a question about child support, please call Ascent Law at (801) 676-5506 for your free consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
Transfer on Death Beneficiary for Property via Michael Anderson https://www.ascentlawfirm.com/child-support-collection-from-social-security/ You don’t have to be famous to call yourself an inventor in today’s world. I’m telling you, as an intellectual property lawyer, most people who are “creatives” are inventors. I’m not kidding. If you like to create, then you can take your ideas and some perseverance can invent an amazing product or even some life-saving device. Legal Invention StrategiesWhen brilliance strikes and you come up with a great idea, create a record of invention before going any further with it. The record of invention should be written down and should include things like a clear description of the idea, the date, your signature, and the signatures of two people you trust who have “witnessed and understood” your invention and the dates they sign. Build a prototype as soon as you can to transform the idea into a physical object. Be discreet. Do not talk about your invention with people who are not bound by a confidentiality agreement. Have a qualified lawyer do a patent search for you. Keep a file for your invention that contains items and information you and your lawyer will need while you prepare your patent application. Work with an experienced lawyer who is licensed by the Patent and Trademark Office and does patent work for a living. Start exploring and thinking about how you will market your invention. Keep good, complete, and accurate written records. A written lab book or log, kept up to date as you work on your invention, that documents each day you did something, describes the efforts you have made in taking your invention from idea to reality (including test results, experiments, modifications). You can also have two witnesses sign and date your record book stating that they have “witnessed and understood” the work you have done to build and test your invention. Keep copies of all correspondence- emails as well- and any receipts relating to your invention. Will it sell? One rule to determine whether your invention will sell well is that the total sales will be at least twenty times the cost of inventing and patenting it. Include in your cost calculation the cost of filing fees, hiring a lawyer to help with your patent filing, and the person who prepares the drawings of your creation. Assess whether you will be able to get a patent on your invention. What is the prior art, if any. If you are improving on something that has already been patented, is your invention a new physical feature, a combination of prior separate features, or a new use of a prior feature? Does your invention fall into one of the five classes of items that may be patentable? That is, is it a process, machine, an “article of manufacture,” “compositions of matter,” or a new use of any of those items? If you are improving something that has already been patented, is your invention not obvious? Does your invention produce a new and unexpected result? You must think through these things carefully. Talk to us if you have questions. Invention Lawyer Free ConsultationWhen you need legal help with your invention, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Optimize Your Asset Protection Transfer on Death Beneficiary For Property via Michael Anderson https://www.ascentlawfirm.com/invention-law/ Some people prefer to avoid probate when it comes to estate planning because it can be expensive and time-consuming. Fortunately, there are several ways to transfer property without going through the probate process. In addition to living trusts and joint tenancies, a transfer-on-death deed is one of the ways to transfer property after your death without probate. Lean now whether transfer-on-death beneficiary is the right choice for you. What Is a Transfer-on-Death Beneficiary for Property?You can create a transfer-on-death beneficiary deed (also called a beneficiary deed) to transfer property upon your death to a beneficiary you name in the deed. The deed should state the following details: (1) your name as the owner of the property, (2) property description, and (3) the name of the beneficiary(s). The deed should also explicitly state that it won’t become effective until you pass away. To create a valid transfer-on-death deed, you must properly sign, execute, and record the deed. After drafting the deed, you must sign the deed in front of a notary public. Then, you need to record the deed with the local county office. If the owner fails to sign or record the deed, the deed is deemed invalid. Once the deed is created, you have full power over the property during your lifetime. Thus, you can revoke the deed anytime before you pass away through any methods of revocation or execution of subsequent deed. Advantage of Transfer-on-Death Beneficiary DeedsThere are several benefits to transfer-on-death deeds. First, you can change the beneficiary at anytime during your lifetime. The beneficiary does not have any legal interest in the property until you pass away, so the beneficiary’s creditors won’t be able to reach the property until the deed becomes effective. Second, expenses related to the transfer-on-death deed are less than the ones related to other methods of transferring property, such as revocable trusts and wills. Third, probate is not required to transfer the property under transfer-on-death beneficiary for property. Avoiding probate is a huge benefit because probate process is usually expensive and time-consuming. Disadvantage of Transfer-on-Death Beneficiary DeedsBecause transfer-on-death beneficiary deeds do not become effective until you pass away, someone can challenge the validity of the deed after you die. For example, someone can argue that you lacked capacity to create a valid deed. Or, beneficiaries and family members can sue each other to take the property entirely. In this case, a court proceeding may be required to resolve the issue. Another disadvantage is that the beneficiary won’t be able to sell the property immediately upon the transfer. As opposed to joint tenancy with right of survivorship, transfer-on-death beneficiary for property does not automatically transfer the title to the beneficiary. Most states give people time to challenge the title on the property for a certain amount of time. State Laws on Transfer on Death Beneficiary for PropertyWhen you name a beneficiary, who will obtain title to the property upon your death, you must do so according to the applicable state law. Today, the majority of the states allow transfer-on-death beneficiary deeds to leave property to someone after your death. However, keep in mind, some states do not allow transfer-on-death deeds at all. Please call us to go over these issues when it comes to Utah property. Estate Planning Free ConsultationWhen you’re ready to go over your estate and plan it right, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/transfer-on-death-beneficiary-for-property/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
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