Before the foreclosure crisis, which peaked in 2010, federal and state laws regulating mortgage servicers and foreclosure procedures were relatively limited and tended to favor foreclosing lenders. Now, however, federal and state laws heavily regulate loan servicing and foreclosure processes. And most of the laws give protections to borrowers. Servicers generally have to provide borrowers with loss mitigation opportunities, account for each foreclosure step, and strictly comply with foreclosure laws. Also, most people who take out a loan to buy a residential property in Utah sign a promissory note and a deed of trust, which is like a mortgage. These documents give homeowners some contractual rights in addition to federal and state legal protections. In a Utah foreclosure, you’ll most likely get the right to: So, don’t get caught off guard if you’re a Utah homeowner who’s behind in mortgage payments. Learn about each step in a Utah foreclosure, from missing your first payment to a foreclosure sale. Once you understand the process, you can make the most of your situation and, hopefully, work out a way to save your home or at least get through the process with as little anxiety as possible. What Is Preforeclosure?The period after you fall behind in payments, but before a foreclosure officially starts, is generally called the “preforeclosure” stage. (Sometimes, people refer to the period before a foreclosure sale actually happens as “preforeclosure,” too.) During this time, the servicer can charge you various fees, like late charges and inspection fees, and, in most cases, must inform you about ways to avoid foreclosure and send you a preforeclosure notice called a “breach letter.” Fees the Servicer Can Charge During PreforeclosureIf you miss a payment, most loans include a grace period of ten or fifteen days, after which time the servicer will assess a late fee. Each month you miss a payment, the servicer will charge this fee. To find out the late charge amount and grace period for your loan, look at the promissory note you signed. You can also find this information on your monthly mortgage statement. Also, most Utah deeds of trust allow the lender (or the current loan holder, referred to as the “lender” in this article) to take necessary steps to protect its interest in the property. Property inspections are performed to ensure that the home is occupied and appropriately maintained. Inspections, which are generally drive-by, are usually ordered automatically once the loan goes into default and typically cost around $10 or $15. Other types of fees the servicer might charge include those for broker’s price opinions, which are like appraisals and property preservation costs, such as for yard maintenance or winterizing an abandoned home. Federal Mortgage Servicing Laws and Foreclosure ProtectionsUnder federal mortgage servicing laws, the servicer must contact, or attempt to contact, you by phone to discuss loss mitigation options, like a loan modification, forbearance, or repayment plan, no later than 36 days after you miss a payment and again within 36 days after each following delinquency. No later than 45 days after missing a payment, the servicer has to inform you in writing about loss mitigation options that might be available and appoint personnel to help you try to work out a way to avoid foreclosure. A few exceptions are in place for some of these requirements, though, like if you’ve filed bankruptcy or asked the servicer not to contact you pursuant to the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39, 12 C.F.R. § 1024.40). Federal mortgage servicing laws also prohibit dual tracking (pursuing a foreclosure while a complete loss mitigation application is pending). What Is a Breach Letter?Many Utah deeds of trust have a provision that requires the lender to send a notice, commonly called a “breach letter,” informing you that the loan is in default before the lender can accelerate the loan. The breach letter gives you a chance to cure the default and avoid foreclosure. When Can Foreclosure Start?Under federal law, the servicer usually can’t officially begin a foreclosure until you’re more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer. What Is the Foreclosure Process in Utah?If you default on your mortgage payments in Utah, the lender may foreclose using a judicial or non-judicial method. How Judicial Foreclosures WorkA judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don’t respond with a written answer, the lender will automatically win the case. But if you choose to defend the foreclosure lawsuit, the court will review the evidence and determine the winner. If the lender wins, the judge will enter a judgment and order your home sold at auction. How Non-judicial Foreclosures WorkIf the lender chooses a non-judicial foreclosure, it must complete the out-of-court procedures described in the state statutes. After completing the required steps, the lender can sell the home at a foreclosure sale. Most lenders opt to use the non-judicial process because it’s quicker and cheaper than litigating the matter in court. Preforeclosure Requirements Under Utah LawMuch like the requirement under federal mortgage servicing laws, after determining that the loan is in default, the servicer or lender must appoint single point of contact who can provide information about the foreclosure and foreclosure relief. (Utah Code Ann. § 57-1-24.3). Before filing a notice of default, the lender or servicer must mail a notice to you (the borrower) giving you at least 30 days to cure the default by getting current on the loan. The letter will also include the name, telephone number, email address, and mailing address of the single point of contact. (Utah Code Ann. § 57-1-24.3). This information will likely be included in the breach letter. Notice of DefaultThe non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives you three months to cure the default. (Utah Code Ann. § 57-1-24). Within ten days of the recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. (Utah Code Ann. § 57-1-26(2)(a)). Notice of SaleIf you don’t cure the default, after three months, the trustee will record a notice of sale and: The Foreclosure SaleAt the sale, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less. In some states, including Utah, when the lender is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment against the borrower, subject to some limitations. If the lender is the highest bidder, the property becomes what’s called “Real Estate Owned” (REO). But if a bidder, say a third party, is the highest bidder and offers more than you owe, and the sale results in excess proceeds—that is, money over and above what’s needed to pay off all the liens on your property—you’re entitled to that surplus money. How Long Do You Have to Move Out After Foreclosure in Utah?If you don’t vacate the property following the foreclosure sale, the new owner will probably: The eviction process starts with a notice to quit. If you still don’t leave by the deadline given in the notice, the new owner will go through the court system to evict you. (Utah Code Ann. § 78B-6-802.5). HOW CAN I STOP A FORECLOSURE IN UTAH?A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you’re able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.) Reinstating the LoanUtah law gives you three months after the trustee records the notice of default to reinstate the loan. (Utah Code Ann. § 57-1-31). Also, the deed of trust might give you more time to reinstate. Check the paperwork you signed when you took out the loan to find out if you get more time to get caught up on past-due amounts and, if so, the deadline to reinstate. You can also call your loan servicer and ask if the lender will let you reinstate. Redeeming the Property before the SaleOne way to stop a foreclosure is by “redeeming” the property. To redeem, you have to pay off the full amount of the loan before the foreclosure sale. Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. (Utah Code Ann. § 57-1-28(3)). Filing for BankruptcyIf you’re facing a foreclosure, filing for bankruptcy might help. In fact, if a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. Once you file for bankruptcy, something called an “automatic stay” goes into effect. The stay functions as an injunction, which prohibits the lender from foreclosing on your home or otherwise trying to collect its debt, at least temporarily. In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months. Or, if you want to save your home, filing for Chapter 13 bankruptcy might be the answer. To find out about the options available to you, speak with a local bankruptcy attorney. CompromiseIf a lender is preparing to foreclose on your home, they will first present you with an NOD, or Notice of Default. They also have to schedule a time for auction for your home. During this in-between period before the auction takes place, know that lenders will almost always work out a financial compromise that will allow you to get back on your mortgage program without foreclosure. Any final compromises you might be able to make should be suggested at that time. Short SaleIf you receive an offer from a buyer between receiving your NOD and the auction date, the lender must consider it. They may view this option as a time-saver that nets them virtually the same result – after all, they’d already be turning around to re-sell the home anyway. This is called a short sale, and there are plenty of situations where it can work as an acceptable compromise for both sides. Assumption/Lease-OptionMost loans these days are not assumable, but if you are facing foreclosure, there’s a chance your lender could be willing to modify your loan. They might be willing to allow another buyer to assume your loan if this means less hassle for them – if you can negotiate a down payment from the new buyer that pays off your outstanding balance plus assumes the loan at no additional risk to the lender, everyone wins. Foreclosure Protections and Military Service membersThe Service members Civil Relief Act provides legal protections to military personnel who are in danger of foreclosure. Utah Deficiency Judgment LawsIn a foreclosure, the borrower’s total mortgage debt sometimes exceeds the foreclosure sale price. The difference between the total debt and the sale price is called a “deficiency.” For example, say the total debt owed is $600,000, but the home sells for $550,000 at the foreclosure sale. The deficiency is $50,000. In some states, the lender can seek a personal judgment against the debtor to recover the deficiency. Generally, once the lender gets a deficiency judgment, the lender may collect this amount—in our example, $50,000—from the borrower. In Utah, the lender can get a deficiency judgment after a non-judicial foreclosure by filing a lawsuit within three months of the sale. (Utah Code Ann. § 57-1-32). The deficiency amount is limited to the difference between the lesser of : How to Find State Foreclosure LawsTo find Utah’s laws, search online for “Utah statutes” or “Utah laws.” Make sure you’re reading the most recent, official laws. Usually, the URL will end in “.gov” or the statutes will be on an official state legislature webpage. Although the programs under the Making Home Affordable (MHA) initiative have expired, the MHA website still contains useful information for homeowners facing foreclosure. Getting HelpHow courts and agencies interpret and apply laws can change. And some rules can even vary within a state. These are just some of the reasons to consider consulting a lawyer if you’re facing a foreclosure. If you have questions about Utah’s foreclosure process or want to learn about potential defenses to a foreclosure and possibly fight the foreclosure in court, consider talking to a foreclosure attorney. For people struggling with mortgage payments and at risk of default and foreclosure on a home, declaring bankruptcy can be a viable option in some cases. Bankruptcy attorneys can walk you through when declaring and might help save your home and preserve your equity. 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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What is Bankruptcy?Bankruptcy is a legal way to get rid of most of your current debt, stop harassment from creditors, and start fresh. It is a federal court process by which you can discharge some of your debt because you are unable to repay those debts. There are usually two ways bankruptcy is declared: You file for bankruptcy Bankruptcy usually takes two forms: Chapter 7 and Chapter 13. Chapter 7 BankruptcyChapter 7 Bankruptcy, otherwise known as “straight bankruptcy” or “liquidation,” allows the debtor to sell their non-exempt assets to pay off their debts; after that, the debtor will be free from all dischargeable debts. There are specific eligibility requirements that you must meet to qualify for Chapter 7 bankruptcy. Some of the scenarios where you wouldn’t be eligible for Chapter 7 include when: Your income is too high (this is determined using the “means test”): In such cases, your case may be filed under chapter 13 bankruptcy Under Chapters 7, 11, 12, and 13 of the U.S. Bankruptcy Code, some or all of your existing debt can be discharged. A “discharge” means you are not personally liable for the money and do not need to pay it back. The creditor you owe, such as a hospital or credit card company, cannot call you or take collection actions against you once the debt is permanently discharged. Note: Most people will file a Chapter 7 bankruptcy to remove credit card debt and seek debt relief. Some debts may have a bankruptcy discharge but you might have to keep personal liability for other debts. Debt Discharge Comes After Selling Off AssetsChapter 7 bankruptcy often involves the liquidation (or selling off) of assets in order to pay past debts. Only after this process is completed can you have qualifying debts discharged. Some property is protected from liquidation by federal or state bankruptcy exemptions. In fact, many people who file for Chapter 7 can keep a majority of their property. It will be up to your attorney and bankruptcy trustee to decide what you can keep, what deals you can make with the creditor, and what you need to give up in your bankruptcy case. Once assets are liquidated, the courts tend to discharge debts right away. In the whole Chapter 7 bankruptcy process, this happens about four months after you first file in bankruptcy court. Keep in mind you need to complete educational classes on debt management in between filing and receiving the discharge, or the judge may dent your debt discharge. What Happens After a Chapter 7 Bankruptcy?Those who pursue a Chapter 7 bankruptcy should be aware of some potential problems or concerns. Many forms of debt cannot be discharged under Chapter 7 bankruptcy, including: Government-funded student loans Potential applicants for Chapter 7 bankruptcy should be aware that even private student loans are rarely discharged without a special showing of undue hardship. This can be hard to prove but can happen if you become permanently disabled and cannot work. Property That Can Be Taken Before a DischargeBankruptcy is intended to help you get relief from the burden of debt, so removing all of your property would be counterproductive, as you would need to rebuy a car or other items. Property that is considered necessary for modern life may be exempt from creditors taking it back. But, you may need to petition a judge to stop them. Some examples of the property a creditor might try to take back include: While this list looks scary, it is important to remember that creditors can try to take these items, but they generally will not succeed. Much of this property is protected by Utah’s exemptions or wildcard exemptions, as it is essential for work or daily life. A creditor will receive a notice saying your debts have been discharged. They can try reaffirming these items or sue you for debt if they do not agree with the discharge. How to Get a Debt DischargeFiling for bankruptcy is not an easy decision to make, but sometimes it’s necessary. You can start the process by asking an attorney what property is excluded in a Chapter 7 bankruptcy, and what could be included. They can tell you what a creditor might come after and how to legally and effectively stop them. Chapter 13 BankruptcyChapter 13 Bankruptcy requires you to make a repayment plan to pay creditors over a period of three to five years. This method is usually used if your income exceeds the limits set for Chapter 7 bankruptcy. You also need to show you comply with the eligibility requirements before you can file Chapter 13. These include: You are not a business organization Use Reaffirmation to Stop Creditors Taking Your PropertySome creditors can keep their rights over your property even following a discharge. One way this can happen is through what is called a “lien.” A creditor can use a lien to enforce payment or take back the property. The creditor will not repossess the property as long as you continue to pay the debt Solving Bankruptcy ProblemsFollowing a bankruptcy, you may need to correct any inaccurate reports from former creditors. To do this, you will need to engage in a process with the credit bureau. This can entail contacting former creditors for verification of the satisfaction of debts. Even when these issues are resolved, those who have completed a bankruptcy can still expect to: These complications are not the end of the world. They may require using a mortgage broker when seeking to purchase a house. Even though it may be counterintuitive, there are benefits to bankruptcy when you have debts that you can’t pay. You will get a clean slate, and most negative outcomes will fade from your record within a few years. But whether or not you should file for bankruptcy is heavily dependent on an individual’s specific circumstances. For this reason, it can be very beneficial to speak with a bankruptcy attorney in Utah who can explain the benefits and downsides to filing for bankruptcy in your particular situation. Filing for bankruptcy is a complicated, emotional process. It takes more work and time than most people realize, but it can also be the right solution for significant debt issues. The Honest Benefits of BankruptcyConsult with a bankruptcy attorney or educate yourself on your options — you may find that filing for bankruptcy could help you out of a difficult financial bind. Most filers find that bankruptcy eases stress by stopping: Collections agency calls or harassment Is Bankruptcy a Good Idea for You?The decision to file for bankruptcy is a serious one. There are several considerations worth examining closely before getting started: The impact on your future ability to access credit, lenders, or low interest rates Considering other impacts can be critical in deciding whether to file for bankruptcy or which form is a better option. Some bankruptcies may: Fail to discharge credit card debts Any of these concerns may impact the desirability of the relief provided. However, none of these reasons are worse than staying in overwhelming debt or making your financial situation worse. Sometimes, you simply need debt help and cannot get there alone. Bankruptcy will give you a fresh start, and you can work towards the financial situation you want. Despite what many think, filing for bankruptcy is not the end of the world. It can actually be the fresh start you have been looking for. The laws of bankruptcy were drafted with the purpose of giving people a second chance, and not to punish them. But that doesn’t mean you should file for bankruptcy at the first sign of financial distress. Declaring bankruptcy will have short- and long-term consequences and should only be done as a last resort. So, when should you file for bankruptcy? Before You File, Evaluate Your SituationWhen should I file for bankruptcy? This is a question most people under financial distress ask. You should probably consider other options before going this route. These options include: Getting credit counseling If, however, other options don’t seem feasible, filing for bankruptcy may give you the ability to get a fresh start. Declaring Bankruptcy Will Affect Your Credit ScoreIn exchange for discharging your debt, filing bankruptcy shows everyone that you may be a credit risk, which will be reflected in your credit score. Thus, getting a loan, a mortgage, or a credit card may be very difficult after declaring bankruptcy. You should note bankruptcy filed under Chapter 7 will remain on your record for 10 years. If you filed under Chapter 13, it would stay on your credit report for 7 years. After that, it is erased. Your Co-Signers May Be Required to Pay Your DebtsCo-signers are people who agree to pay your debt if you are somehow unable/unwilling to pay the debt. If you file a Chapter 7 bankruptcy, your creditors are allowed to go after the co-signer even if your bankruptcy case is successful. Under Chapter 13, your creditors can’t go after your co-signer as long as you make your regular payments per your agreement. Filing for Bankruptcy during a PandemicFiling for bankruptcy during a pandemic or other national emergency may be challenging, as operational hours for courts may change. So, first, make sure your local bankruptcy court is open and taking cases before you file. You should also expect a delay in the processing of your case. The Federal Government May InterveneUnder rare situations, the federal government may pass laws that could affect your bankruptcy case during a pandemic. For instance, the federal government passed a stimulus bill in response to the COVID-19 pandemic. Under this stimulus bill, several temporary changes were made to the bankruptcy code. Some of these changes include: Previously, the debt limit to be eligible to file for bankruptcy under the Small Business Reorganization Act (SBRA) was $2,725,625. Under this stimulus bill, the debt limit was increased to $7.5 million for a period of one year. The bill also changed the definition of “income” for Chapter 7 and 13 bankruptcy filers. Accordingly, payments received from the federal government that are related to COVID-19 are not considered income for purposes of bankruptcy. People with federal student loans can, without penalty, defer their payments for six months through September 30, 2020. People who already filed a Chapter 13 and are under a repayment plan can make modifications if they can show “material financial hardship” because of the pandemic. The modifications include an extension of payments for seven years. If your debts have become unmanageable or you’re facing foreclosure on your home, you might be thinking about declaring bankruptcy. While bankruptcy may be the only way out for some people, it also has serious consequences that are worth considering before you make any decisions. For example, bankruptcy will remain on your credit report for either seven or 10 years, depending on the type of bankruptcy. That can make it difficult to obtain a credit card, car loan, or mortgage in the future. It could also mean higher insurance rates and even affect your ability to get a job or rent an apartment. Advantages to a Utah Chapter 7 filing: When Is it Feasible to File Without an Attorney?What Is a Priority Debt? When Is it a Bad Idea to File Bankruptcy Without an Attorney?There are many reasons to file a Chapter 13 bankruptcy instead of a Chapter 7 bankruptcy. You may want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down (reduce) your car loans, or pay back non-dischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter what your reason is, most Chapter 13 cases are too difficult to file on your own. Chapter 13 bankruptcies are a lot more complicated than Chapter 7s. In addition to filling out the official bankruptcy forms (and perhaps some local forms), you must also design a proposed repayment plan, something that is very difficult to do without the expensive software that most attorneys use. Also, certain actions such as stripping your second mortgage or cramming down a car loan will usually require filing additional bankruptcy motions and paperwork with the court. As a result, even some attorneys will limit their bankruptcy practice to Chapter 7 cases because they feel they are not qualified to handle a Chapter 13. In fact, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court. So if you are planning to file a Chapter 13, it is a good idea to hire a qualified attorney. If You Have a Complicated Chapter 7 CaseCertain Chapter 7 cases are more complicated than others. Your Chapter 7 will usually be more complex if you own a business, have income above the median level of your state, have a significant amount of assets, or have creditors who can make claims against you based on fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy. If You Are Not Comfortable Doing it on Your OwnIf you have a simple Chapter 7 case, bankruptcy can be an intimidating and time-consuming process. You will need to accurately fill out many forms, research the law, and attend hearings. If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Filing for Bankruptcy in UtahAre you a resident of Utah and thinking of filing for Chapter 7 or Chapter 13 bankruptcy? If so, you will have to participate in credit counseling before you file, complete the bankruptcy petition and other required forms, and file those forms in the Utah bankruptcy court. After filing, you must complete debtor counseling before receiving your discharge. Although most of the bankruptcy process is governed by federal law, there is some Utah-specific information you will need to know before filing. Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in UtahIn order to qualify for Chapter 7 or Chapter 13 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. Trustee in Utah within the six month period before you file for bankruptcy. You’ll also have to take a debtor education course before you get a bankruptcy discharge. Utah Bankruptcy ExemptionsUtah has a set of bankruptcy exemptions which help determine what property you get to keep in Chapter 7 bankruptcy and play a role in how much you repay unsecured creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions but Utah is not one of them. In Utah, you must use the state exemptions–the federal bankruptcy exemptions aren’t available. Completing the Bankruptcy Forms in UtahWhen you file for Chapter 7 or Chapter 13 bankruptcy, you must complete a bankruptcy petition, a number of schedules containing detailed information about your finances, and several other forms, including a lengthy form known as the “means test” (for Chapter 7) and a similar form for Chapter 13. Finding Means Test Information for UtahWhen you file for bankruptcy in Utah, you must compare your income to the median income for a household of your size in Utah. If your income is less than the median, you will be eligible to file for Chapter 7 and, if you choose to file for Chapter 13, you can use a three-year repayment plan (rather than five years). This is called the means test. If your income is above Utah’s median income, you still might qualify for Chapter 7, but you’ll have to provide detailed information about your expenses and payments on secured debts in order to find out. Most Chapter 13 filers also have to provide this information. Speak to an Attorney Before You File for BankruptcyIf you are considering filing for bankruptcy, it is very important you have all the information you need, especially since bankruptcy laws tend to be detailed and complicated. Speaking to a bankruptcy attorney in Utah is the best way to ensure your rights are protected. 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
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Questions To Ask A Probate Lawyer Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/utah-bankruptcy/ If a non-custodial parent moves out of state, or already lives out of state, rest assured you can still get the child support your children need. Having one parent live in a different state can make the process trickier, but there are ways to find your ex and make sure they pay child support. Family court orders are enforceable across state borders, so it does not matter where a parent lives. Child support services can help you, and family court judges can hold your ex in contempt of court or enforce any existing child support order. If there is not already a court order in place, then you need to file with the state you live in now before seeking child support from someone out of state. First Steps To Enforcing Child Support PaymentsNo matter where the custodial parent lives, they have many options for going about this process. This can be an easy process or a difficult one, depending on whether your ex is cooperating or trying to hide. These would all be viable options if your ex did not tell you where they were moving. Under the Uniform Interstate Family Support Act (UIFSA), sometimes called “Interstate Action,” states must help you find your ex for missing child support. This act also prevents multiple states from ordering child support and helps you find the other parent if they move away. Child Support State Services: The BasicsYou can choose to work with your local Child Support Enforcement Agency (CSEA) or directly with your state. Generally, you should pick one of these options and not both, so there are not duplicate cases in progress. In some states, you may need to start the process with your CSEA, and they will refer it to the state. It is essential to know that the state you live in is the “initiating state,” and they will contact the “responding state” as the case progresses. You do not need to contact the state your ex moved to — only the state or CSEA office in the state you live in. Using Parent Locator ServicesEvery state has a parent locator services. The local child support offices have access to resources such as: Essentially, if your ex tries to work, get a place to live, use a credit card, or apply for government assistance, agencies can find them. Once the other parent’s address is found, the courts have a way to contact them, and the enforcement of child support can begin. Using Your Ex’s New Job for Child Support PaymentsAn easy way to enforce child support orders when the other parent is out of state is to garnish wages. You can have the courts send a garnishment order directly to the other parent’s employer, and the child support will come straight out of their paycheck. Under federal law, all employers must honor child support garnishment orders from other states. Your ex’s employer can’t refuse to garnish an employee’s wages for child support just because the garnishment order comes from another state. Uniform Interstate Family Support Act (UIFSA)Every state has passed some version of the UIFSA. This law is designed specifically to enforce child support orders from one state against a parent who lives in another state. Filing a claim under UIFSA usually involves hiring an attorney or working with your local child support office. It enables you to contact relevant people in the other parent’s state to enforce your child support order, such as: The courts and authorities in the other state must enforce your child support order — just as if it was created in that state. This can take time, so it is helpful to start the process right away. It can take months or over a year to get child support cases to court when legal action is needed. Pressing Charges for Unpaid Child SupportMany states also have criminal laws that address unpaid child support orders. If a parent refuses to pay child support as ordered, you can take action. However, if they cannot pay because of financial issues, there are other paths to take that do not involve criminal charges. You or an attorney can contact your local prosecutor’s or district attorney’s office. They can file criminal “nonsupport” charges against the other parent, even if they live in another state. Extraditing a Parent Back to Your StateIn some cases, your state can “extradite” or bring the other parent back to your state, but only if they are charged with a child support crime. The felony nonsupport charges vary state by state, and can result in: The process will involve steps to find the parent and use strategies to get your children’s support money. Rest assured that crossing state lines will not stop your ex from paying the child support your family needs. Understanding Child Custody Laws in UtahSome parents who file for divorce may seek full custody of their children. While Utah laws do not recognize or use the term “full custody,” parents can file a petition for “sole legal/physical custody.” Here’s what you need to know about gaining sole legal/physical custody of your children in Utah. What is Sole Legal & Sole Physical Custody?Sole legal custody means the custodial parent is the primary decision-maker regarding the well-being of the child. With sole physical custody, the minor children will live with the custodial parent more than 255 overnights each year. The non-custodial parent will be permitted to spend time with minor children as per an agreement between both parents. In the case where parents disagree on a parent-time schedule, one will be ordered by the court. A parent-time schedule is the minimum amount of time the non-custodial parent is entitled. The non-custodial parent will be responsible for making decisions during the time they are with the child. How is Sole Legal Custody Determined?This is generally the arrangement parents strive for when they seek “full custody.” There are many types of child custody arrangements, and there several factors that the courts will examine when making a custody decision. In child custody cases, the courts will also consider any evidence of domestic violence, neglect, and physical, sexual, or emotional abuse that involves the child, parent, or other household members of the parent. Filing for Sole Legal CustodyFirst, every child custody case must start with a court-filed petition and state your case as to why you should be granted sole legal custody. Filing for custody is complex, and the laws can be challenging to understand without legal assistance. Having an experienced lawyer on your side can help you make the right decisions regarding your children’s best interests. Utah Child Custody LawsThere are more children of separated or divorced parents in the United States today than ever before. With all of the emotion involved in a separation or divorce, parents sometimes fail to consider their children’s desires when making custody decisions. However, under Utah custody laws judges often consider an older child’s preference when determining custody. Physical and Legal Custody in UtahParents can work out their own custody arrangements or go to Utah family court and have a judge decide their case. In either situation, a custody order must address both physical and legal custody and meets a child’s needs. “Physical custody” is where the child lives. A parent with physical custody primarily lives with the child. Parents can share physical custody (called “joint physical custody”) or one parent may have “sole” or “primary” physical custody. Your custody order will dictate how much time each parent spends with the child. Parents with joint physical custody will spend substantial, but not necessarily equal amounts of time with the child. The parent who spends the most time with the child is typically designated as the “custodial parent”. The other parent is called the “noncustodial parent.” “Legal custody” refers to a parent’s right to make major educational, medical, religious, legal, or cultural decisions on the child’s behalf. Like physical custody, parents can share legal custody or one parent may have sole decision-making power over the child. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Establishing Visitation SchedulesUnder Utah custody laws, your custody order must set forth a visitation schedule covering weekly, monthly, holiday, and summer visits. Both parents are entitled to regular time with their child and neither parent can prevent visits. Even in cases where a parent has struggled with substance abuse or physical violence, a judge may award that parent visitation – usually supervised. A noncustodial parent without joint custody is entitled to minimum visitation under Utah’s custody laws. Generally, this equates to one weeknight per week with the child and overnight visits every other weekend. A judge can award a parent additional visitation time, but not less. The Utah Courts website provides more information on child custody and parent-time in Utah. In limited circumstances where a child’s safety and well-being at issue, a judge may grant one parent only supervised visits. Supervised visits take place at a designated location or agency. A parent will be required to have his or her visits supervised until a judge can be sure a child is safe in that parent’s care. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Best Interests of the Child Factors in UtahUtah courts decide child custody whenever parents can’t come to an agreement on their own. Yet even in cases where parents agree on custody and visitation, a judge will review a custody agreement to ensure it serves a child’s best interests. Utah family courts must consider several factors when deciding child custody in Utah, including: When Will the Utah Family Court Consider a Child’s Preference?A child’s preference is one of several factors a judge will weigh in a Utah custody case. The child’s age and maturity matters. Specifically, a judge will give more weight to an older child’s preference, such as a child over 14. Generally, a judge won’t give much consideration to a child’s wishes if the child is under 10. In one Utah family court case, an 11-year old boy stated a preference to live with his father, but the judge said that an 11-year old shouldn’t have control over where he lives. Judges will also look at the reasons a child prefers to live with one parent over the other. In one case, a father with custody of two boys moved them from their hometown and away from their school, friends, and other family members. The children wanted to live with their mother to be close to friends and family, and to continue going to the school they knew. The court found that these were valid reasons to want to live with their mother and gave the children’s preferences significant weight in the custody decision. On the other hand, if a child’s reasons for wanting to live one parent are immature, for example, because one parent is laxer with discipline or gives them lavish gifts, the judge won’t give the child’s preference much weight. Keep in mind that even if a child has a strong custodial preference, it won’t be the controlling factor in a court’s decision. A judge can always overrule a child’s preference if it’s in the child’s best interest to live with the non-preferred parent. Judges will also watch to see if parents have coached their children. In one case, a judge questioned the children and discovered that their mother had told them to lie about her boyfriend’s overnight visits in their home. The mother’s coaching was a major factor in the judge’s decision to transfer custody to the father. Do Children Have to Testify About Their Custodial Preferences in Court?In Utah, children can’t testify in court unless there are extenuating circumstances, and there’s no other way to obtain their testimony. Instead, judges usually interview children in court chambers to determine their custodial preferences. Normally, the court will ask the parents for permission to interview a child, but parental consent isn’t necessary if the judge decides that an interview is the only way to figure out the child’s custodial desires. Parents can’t attend the in-chambers interview. The judge may or may not allow the parent’s attorneys to be present. Often, a court reporter will record the interview. Courts can determine a child’s preference in other ways as well. In one case, the judge deciding custody considered letters written by two boys to their mom, stating that they wanted to live with her. Courts may also allow custody evaluators or mental health professionals to testify about what children have told them regarding their custodial preferences. When Can I Modify Child Custody in Utah?Life is full of changes, and after a few years your custody order may need an adjustment. Utah custody laws allow either parent to file a custody modification request if there’s been a material change in circumstances affecting the child or parents or more than 3 years have passed since entry of the previous custody order. In either situation, the parent requesting a custody change must show that the modification would serve the child’s best interests. When considering whether a modification is appropriate, a judge will consider the same best interests’ factors as listed above. A judge will hold a court hearing to consider all the evidence. A child’s needs—not a parent’s wishes—will determine the outcome of your case. For example, a parent’s desire to relocate for a new job might not be enough to justify a change in custody. However, a custodial parents’ medical crisis might warrant switching custody to the other parent. The interplay of numerous factors will determine the outcome of your custody case. If you still have questions after reading this article, you should seek out a local family law attorney for advice. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan Utahvia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-i-collect-child-support-from-an-out-of-state-non-custodial-parent/ When a marriage is over, the most common path people take is to file for a divorce to end things permanently. But in some cases, couples aren’t quite ready to take that final step. In many states, the law provides an alternative—a middle ground so to speak. When people talk about divorce, an absolute divorce is usually what they’re referring to. It’s called “absolute” because it’s the type of divorce that ends the marriage once and for all. In most states, the laws simply refer to “divorce” or “dissolution of marriage.” In an absolute divorce, the court (or the couple’s marital settlement agreement) will address all of the legal issues involved in ending the marriage, such as alimony, child support, child custody, and property division. Once the court has issued a judgment (or “decree”) of absolute divorce, the spouses no longer have any of the rights or privileges that arose when they got married. These include things like the ability to file a joint income tax return, the right to automatically inherit a share of each other’s estate, and the chance to obtain insurance benefits through the other spouse’s employer. In order to obtain an absolute divorce, you must meet your state’s residency requirements, and you must have “grounds” (acceptable legal reasons) for ending the marriage. The laws in some states use different terms including “dissolution of marriage” and “absolute divorce”—to mean basically the same thing as plain old divorce: a legal proceeding that will permanently end a marriage, along with all of the rights and privileges that come with marriage. Once a judge finalizes an absolute divorce, both spouses are free to remarry. You might also hear the terms “contested divorce” and “uncontested divorce.” These don’t refer to the effect of divorce—the legal end of the marriage—but rather to the process of getting there. In an uncontested divorce, the spouses have worked out a settlement agreement on the issues in their divorce rather than having a judge make the decisions for them. The agreement must at least include provisions for dividing the couple’s property and debts, alimony, and if they have minor children—custody, parenting arrangements, and child support. Without an agreement, couples will need to go through the process of getting a contested divorce which can be expensive, time consuming, and stressful. If you want the advantages of an uncontested divorce but are having trouble resolving your differences, divorce mediation could help you work through the stumbling blocks and come up with solutions. What Are Requirements for Absolute Divorce?Although the laws on divorce are quite different from state to state, there are basically three sets of requirements for getting a divorce: residency requirements, having an acceptable reason for divorce, and going through the proper legal steps. Residency Requirements for Absolute DivorceState laws have residency requirements for divorce to prevent people from filing for divorce in a state where they haven’t been living, just so they can take advantage of the laws in that state. These requirements also make it more likely that the legal proceedings will be in courts that are accessible to both spouses. Depending on the state, the amount of time you must have lived there before filing for divorce typically ranges from three months (in Colorado) to six months (in California, Utah Texas, and Florida). In some states, the residency requirement depends on the circumstances, including where you were married and where the reason for your divorce happened. Grounds for Absolute DivorceWhenever you file for divorce, you must state the reason you want to end your marriage and that reason must be one of the grounds for divorce allowed in your state. Historically, these grounds were based on a spouse’s misconduct (or fault), like adultery or desertion. But all state laws now include some variation of no-fault divorce, such an “irreconcilable differences,” “irretrievable breakdown of the marriage,” or separation for a certain amount of time. And several states allow only no-fault divorce grounds. If you want a divorce for a no-fault reason, you generally only have to check the appropriate box on your divorce papers, without providing proof. But some states (like Wisconsin) will require that you testify under oath about the breakdown in your marriage, and if your spouse disagrees, you might have to meet further requirements, such as a lengthy separation, before you can get divorced. Legal Steps for Getting an Absolute DivorceThe divorce process involves a number of legal steps, starting with filing the initial divorce papers (usually a petition or complaint, along with various other forms) and paying a filing fee. If you have a lawyer, your attorney will take care of all the paperwork and filing for you. But depending on your situation particularly if you have an uncontested divorce you might be able to handle it by yourself, or you can get help with the paperwork from an online divorce service. Generally, the spouse who starts the process will have to serve the divorce documents on the other spouse, who will have a certain amount of time to file an answer. In some states, you may skip these steps after filing for an uncontested divorce, when you’ve included the written settlement agreement signed by both spouses. At this point, the legal steps will depend on whether you have a contested or uncontested divorce, as well as the laws in your state and the particular circumstances in your case. For instance, you might be required to exchange detailed information about your finances, take a parenting class, or participate in mediation of certain disputes (especially unresolved disagreements about child custody). With contested divorces, you’ll go through the legal “discovery” process for gathering evidence, such as custody evaluations or real estate appraisals, and you might have several intermediate court hearings on issues like requests for temporary support or custody orders. Generally, the process will end with a final hearing, either a trial on any unresolved issues or a brief hearing when the judge will review your settlement agreement and ask you a few questions. But in some states, you might not have to attend a final hearing for an uncontested divorce. Instead, the judge will simply review your agreement and other paperwork, then will sign your final divorce decree if everything is in order. Many states have a mandatory waiting period before the judge may finalize your divorce, even when your case is uncontested. Limited DivorceFor folks outside the legal profession, the fact that there can be more than one kind of divorce may come as a surprise. A divorce is a divorce, right? Marriage over, drop the mic, move on. And that would be correct if you were talking about actually ending the marriage. But in a few states, something called “limited” divorce enters the picture. Does limited divorce mean that you’re kind of divorced? In one way it does, because a limited divorce has some of the same effects as an absolute divorce in terms of the rights and liabilities spouses have. The major difference between the two is that when a limited divorce is over, you’re still married. Unlike absolute divorce, you’re not free to marry anyone else. The reality is that “limited divorce” is actually akin to a court-sanctioned separation. In the states that have this option, you file your limited-divorce papers (known as a “complaint” or “petition”) with the court, the same way you would start an absolute divorce. Normally, there are similar rules, like meeting residency requirements and having grounds. And a limited divorce can usually address the same issues (custody and so on) that you find in absolute divorce. Only a few states, actually use the term “limited divorce.” Other states, like New Jersey and Virginia, refer to limited divorce as “divorce from bed and board.” On the whole though, most states that provide for limited divorce use the term “legal separation.” You should be aware that not all states allow limited divorce or legal separation, no matter what it’s called. And in states that do, there may be limitations on using it. Why Would Anyone Choose a Limited Divorce?A limited divorce can be just as time consuming, anxiety laden, and expensive (think legal fees) as an absolute divorce. So it’s reasonable to wonder why anyone would opt for it if you’re still going to be married when it’s over. Actually, there are a number of potential reasons. • Although divorce doesn’t have the stigma it once did, there are still people who are concerned about “how it looks,” In those circles, a legal separation may be more socially acceptable. Alternatives to Absolute DivorceMost couples don’t decide to end their marriage without first thinking about other options. Typically, they’ve already tried to repair the damaged relationship with individual therapy, couples counseling, or even a trial separation. If you’ve tried to work things out with your spouse and haven’t been successful, but you’re still not ready to jump on the divorce track, you may have other options. Many states offer couples the option to file for a legal separation, which is sometimes called “limited divorce” or “divorce from bed and board.” These different terms refer to a legal status that doesn’t end the marriage (and doesn’t allow either spouse to remarry) but allows judges to issue orders dealing with child custody, child support, alimony, and property division. Couples may also sign a separation agreement to settle these issues for themselves. Although limited divorce or legal separation is uncommon, it’s still available for couples who need it. For example, if you and your spouse practice a religion that prohibits divorce, legal separation or limited divorce may be your preferred option for living separate and apart, while continuing to be faithful to your church. For other couples, an absolute divorce may simply be too permanent of an option, but they still want to disentangle their legal and financial obligations. If you aren’t sure which option is right for you, it may be time to speak with a qualified family lawyer. You may have heard about “separation agreements,” sometimes called “divorce settlement agreements” or “property settlement agreements.” These are documents that are prepared and signed after couples have settled all their marital issues, usually with the aid of their lawyers or through mediation. In terms of whether a separation agreement is considered a legal separation, the answer can be a little confusing. As you saw above, a true legal separation is one that goes through the courts. If you live in a state with legal separation (or limited divorce) and you reach a separation agreement with your spouse, you typically will have to submit the agreement for a judge’s approval in order for the agreement to be part of the separation or limited divorce judgment. But in states without legal separation, the court doesn’t have to be involved with a separation agreement. That said, a separation agreement that’s properly signed by both spouses is a legally binding document. It’s essentially a contract between them. So if one spouse violates its terms, the other spouse can go to court to force compliance, just as you would with any breach of contract. (Except the case would be heard in family court rather than a general civil court.) The beauty of separation agreements is that if you eventually decide to file a divorce complaint, whether absolute or limited, the fact that you’ve already resolved all your issues will make the divorce process easier. The court will consider your case “uncontested,” and your separation agreement will become a part of the divorce judgment. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Do I Still Pay Alimony If My Ex Gets Remarried? Does Child Support End Automatically At Age 18 Or Do I Need To File Paperwork? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/absolute-divorce-vs-limited-divorce-2/ In general, child support in Utah ends when the child turns 18 years old or graduates from high school, whichever occurs later. Additionally, if a child becomes emancipated prior to reaching 18 years of age and marries, joins the U.S. military, or is removed from disability status, child support will also stop. There are some cases in which the child continues to receive child support after turning 18 and graduating from high school, but either parent must show the court why child support should continue. For example, a child who has special needs and unable to independently support himself/herself financially can still receive child support past his/her 18th birthday. If the Office of Recovery Services (ORS) collects child support from you–often by withholding payments from your paycheck–such payments would automatically terminate. To be safe, send an email (with a read receipt request) to notify ORS your child’s 18th birthday or the date of your child’s high school graduation and ask ORS to stop income withholding at that point. If for whatever reason ORS continues to withhold payment, you have a record of your request to stop payment. If you are paying your ex directly, send him/her an email (with a read receipt request) informing your child support obligation will end when your child turns 18 or graduates from high school. The two most common, main triggers for the termination of court-ordered child support in Utah are: Is it possible to terminate court-ordered child support obligations in Utah before a child turns 18 or emancipates? Not really, unless you are willing to relinquish your parental rights and the other parent is willing to agree to that, and you can persuade a court to allow termination of your parental rights and obligations. And I know many of you have wondered about this, even if you’re afraid to admit it: if you think you’re in the clear if you managed to avoid paying child support until your child reaches the age of majority (i.e., 18 years), think again. Utah Code § 78B-5-202 provides that a child support order or a sum certain judgment for past due support may be enforced within four years after the date the youngest child reaches majority or eight years from the date of entry of the sum certain judgment. The longer period of duration applies in every order, and a sum certain judgment may be renewed to extend the duration of the order. When Do I Stop Paying Child Support?So, you pay child support in Utah for your kids. They’re fourteen and sixteen. You’re cool with child support (or you should be), but you want to know when will it end? Now, these are kids we’re talking about, so even when you stop paying child support, you won’t actually stop giving them money. But, at that point you can choose the when, the why, and the how much. And there’s something to be said for that. Let’s see what Utah law has to say about when you stop paying child support for your kids: 1. When a child becomes 18 years of age or graduates from high school during the child’s normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order. (Note: the language “normal and expected year of graduation” refers to kids who are held back a grade. So, if you get divorced, and then your kid has to be held back a year, you don’t have to pay child support during that extra year of high school.) The most common event, by far, that stops child support is a child turning eighteen or graduating from high school. Child Custody, Parent-Time, Child Support, Spousal Support, Property and Debt DivisionDivorce is one of the most complex legal actions anyone can engage in. It affects parental rights, property rights, income, taxes, insurance, retirement, and may even affect certain freedoms. Also, there are exceptions to almost every general rule. For these reasons you should always consult an attorney about your specific situation. The following information is presented for educational purposes only. Utah JurisdictionBefore filing a Divorce Complaint or beginning any action involving custody of children, the petitioner must ensure Utah has jurisdiction to hear the case. For divorce, one of the parties must be living in Utah for at least three months immediately prior to filing. Also, for jurisdiction over anything but the marriage, both parties must have lived in Utah as a married couple or the respondent must have committed an act in Utah that led to the divorce. In other words, after three months Utah can grant a divorce, but cannot issue orders regarding alimony, property, debts, etc., unless both parties lived in Utah as a married couple or the respondent committed an act in Utah that led to the divorce. Regarding children, Utah has jurisdiction over children if both parents live here, one parent lives here and the children have lived here for at least six months prior to filing, one parent lives here and the children have not lived outside of the state for more than six months, or both parents consent to Utah having jurisdiction. There are exceptions to these general rules in emergency situations. Child CustodyChild custody is determined based on a best-interest analysis. In other words, what type of custody arrangement is in the best interest of the children. This can include sole custody to one parent, joint custody, or split custody, meaning one child lives with one parent and another child lives with the other parent. There are two types of custody in Utah, legal and physical. Legal custody involves making life decisions for your children. For example, medical, religious, educational, and other types of major life decision will be made be the parent with legal custody. Utah law creates an automatic presumption that joint legal custody is in the best interest of the children. Meaning both parents will maintain a say in major life designs for the children. This requires the parents to communicate with on another and make decisions together. The presumption that joint legal custody is in the best interest of the children can be overcome if one parent has problems that prevent him or her from acting and making decisions on behalf of the children. Physical custody simply refers to which parent the children will live with most. Generally, parents will share joint legal custody and one parent will be awarded primary physical custody. There can, of course, be variations if the situation warrants it. For example, one parent can be awarded sole legal and physical custody, the parents can be awarded joint legal and joint physical custody, or the parents can be awarded split custody, meaning each parent has primary physical custody of at least one child. The factors to determine which custody arrangement is in the best interest of the children are extensive. They include which parent is the primary caretaker of the children, which parent has a stronger bond with the children, the children’s preference, existing custody arrangements (both formal and informal), and the parent’s willingness and ability to act as custodial parent. Often, a judge will request the help of a professional custody evaluator before making a custody determination. This evaluator will come into both parents’ homes, interview them and the children, and write a report giving his or her professional opinion about which custody arrangement is best for the children. Below are the basic rules and Utah statutory sections detailing the factors used in determining custody: Rules of Judicial Administration 4-903: The purpose of the custody evaluation will be to provide the court with information it can use to make decisions regarding custody and parenting time arrangements that are in the child’s best interest. This is accomplished by assessing the prospective custodians’ capacity to parent, the developmental, emotional, and physical needs of the child, and the fit between each prospective custodian and child. Parent-Time, VisitationParent-time, or visitation, is awarded to the parent not awarded primary physical custody of minor children. Utah law has a minimum parent-time schedule that can be awarded in most situations, with the hope the parents can work together on a more frequent schedule that works best for them and the children. If the parents are living within 150 miles of each other, the minimum parent-time is every other weekend from Friday evening to Sunday evening, and every Wednesday evening for approximately three hours. The parents will also rotate major holidays and one-half of the summer break. If the parents are living more than 150 miles from one another, the minimum parent-time includes one weekend each month and extended holidays such as Spring Break, Fall Break, Christmas, and one-half of the summer break. If the children are under five years old, minimum parent-time is less-frequent to accommodate the children’s younger age. This ranges from just a few hours a week to one overnight a week depending on the ages involved. There are numerous other arrangements that can be agreed to by the parents or can be ordered by a judge. This can include a more specific parent-time schedule to accommodate a specific work schedule, supervised or restricted visitation for a parent with an alcohol, drug, or violence problem, or a complete cessation of parent-time if it is determined such an order is in the best interests of the children. Child SupportIn Utah, child support must be ordered in every divorce involving minor children. In fact, child support should be paid as soon as parents separate, even before an order is entered by the court. Of course, knowing how much should be paid is always the issue. Generally, both parents’ incomes are factored into the support table that has been created by the Utah legislature, and the support figure is automatically generated from there. What should be included as “income” has also been defined by the legislature, and simply includes the equivalent of one, full-time job. Seasonal work or regular overtime pay can be included in certain situation. Also, if a parent has no income he or she will generally be imputed at least a full-time minimum wage for calculation purposes. Other factors that affect the child support calculation include child support or alimony being paid to or from a former spouse, other children living in either parent’s home, and if there is a split or joint custody arrangement. A child support order generally lasts until the children are emancipated, meaning reach 18 years old or graduates from high school, whichever is later. If there is more than one child under the support order, the support figure should be adjusted as each child is emancipated. The new figure is simply calculated by using the same income figures listed in the most recent court order, but with one less child. If the parents’ incomes have changed since the last order, a Petition to Modify should be filed so the judge can adjust the income figures and child support order. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Does Child Support End Automatically At Age 18, Or Do I Need To File Paperwork? first appeared on Ascent Law, LLC.
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Do I Still Pay Alimony If My Ex Gets Remarried? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeVia https://www.ascentlawfirm.com/does-child-support-end-automatically-at-age-18-or-do-i-need-to-file-paperwork/ There are several ways to terminate alimony early in Utah. First, Utah law provides that alimony “automatically terminates” when the receiving spouse gets remarried or dies. For example, having a shared residence for more than a brief period, sexual intimacy, sharing household expenses and financial accounts, making important decisions together, being free to come and go from their shared residence whenever they please, etc. It must be much more than a mere dating relationship coupled with adult sleepovers. The Utah Supreme Court has also clarified that because the statute says you must prove your ex-spouse “is” cohabitating that means you have to prove current cohabitation; not that your ex cohabitated in the past but stopped doing so before you came to court. For this reason it is important to gather as much evidence supporting a cohabitation claim before going to court and not to give your ex-spouse any reason to think you will be filing a petition to terminate alimony before you actually file it. Third, you may be able to terminate or reduce alimony if you can show a substantial, material, and unforeseeable change in circumstance has occurred since the original alimony order went into effect. Such changes may include unanticipated changes in employment/income for either spouse, medical issues, moves, retirement, etc. The change must be “substantial” meaning the fact one spouse receives a $2 per hour pay raise probably would not cut it, but if a spouse lost a major business client that cut their income by a 1/3 that would likely constitute a substantial change in circumstance. Another key element you have to establish however that is the change in circumstance was not foreseeable when the original order went into effect. That means if the change in circumstance could reasonably have been anticipated at the time the original order went into effect you cannot modify it. For example, if the receiving spouse is still in college when they are awarded alimony the fact they subsequently graduate would not be considered an unforeseen change in circumstance. If you are able to establish a substantial, material, and unforeseen change in circumstance then the Court may allow you to relitigate the issue of whether to award alimony and, if so, how much and for how long. Fourth, a divorcing couple can agree to terminate alimony early on. This is not common as you might imagine. But sometimes spouses work out deals to trade property in return for an early termination date or reduced monthly payment. Or the paying spouse might offer the receiving spouse a lump-sum payment in return for alimony going away right now. And on some occasions the parties may agree to dispense with alimony if the paying spouse has custody of their children in which case it does not make sense to pay alimony if the receiving spouse has to give it right back in the form of child support. Spousal support can change hands for a short period of time, or the paying spouse may have to pay the receiving spouse until one passes away. When a court orders spousal support, these are the factors the judge must consider: Why One Party May Have to PaySpousal support is typically only meant to help the lower-earning spouse to get on his or her feet. A judge may order it for a few years or longer, depending on the amount of time it should take for the other party to become self-sufficient. In cases where one spouse stayed home to care for the children and the home while the other was the only income-earner, the court may award the stay-at-home spouse alimony so that he or she can gain the skills necessary to get a job and be competitive in the labor market. Likewise, in cases where one spouse stayed home to “hold down the fort” while the other went to school or furthered his or her career, the judge may order spousal support. If I Get Remarried, Do I Still Have to Pay Alimony?When you remarry someone after a previous marriage, you’re still obligated to pay alimony to your former spouse. (Only if you have a court order, though otherwise, you aren’t legally obligated to pay spousal support.) However, if your former spouse remarries the one to whom you’re paying alimony – your obligation most likely ends. How Long Do You Have To Pay Alimony?You have to pay alimony for as long as the judge orders it. Most spousal support orders come with conditions that will terminate spousal support. For example, if the receiving spouse remarries, he or she won’t be entitled to spousal support payments any longer; there’s a new spouse in the picture who can contribute to that person’s income. You can ask the judge in your case to modify your spousal support order, though, even if none of the conditions that would ordinarily stop alimony payments have been met. You must show the court that circumstances have changed significantly. For example, if your income changes drastically and you can no longer afford to pay, you can petition the court to change your order. If the supported spouse moves in with someone, or if he or she starts making a lot more money, you can also ask the court to change your order. Your best bet is to consult with an attorney if you want to change the amount of spousal support you must pay. Do You Need to Talk to a Lawyer About Spousal Support?Alimony has existed since ancient times. It developed to protect ex-wives raising minor children following separation from their primary economic providers, i.e., husbands. Traditionally, women had limited occupational opportunities outside the household necessitating continued financial support from ex-spouses. Once a woman remarried, however, her new husband became responsible for her financial wellbeing, and her ex-husband could lawfully cease spousal support payments. Utah follows this traditional rule despite the declining popularity of long-term spousal support awards. If one spouse remarries or registers a domestic partnership in California, conventional alimony obligations terminate. A family law firm may review any applicable alimony orders and martial settlements to determine whether you may lawfully cease spousal support payments. Types of Alimony Subject to Remarriage Termination ProvisionsUtah permits divorcing partners to negotiate private spousal support agreements or request court-ordered alimony. Judicial orders may provide for lump-sum awards, short-term support, or perpetual support payments. Short-term alimony helps lower-income spouses reestablish themselves in the workforce and usually expires via court order before the receiving spouse remarries. Likewise, lump support awards generally vest upon entry of the divorce decree. Remarriage most often impacts long-term or perpetual alimony agreements and awards. Under Utah Family Code, spousal support payments automatically terminate upon the receiving party’s remarriage unless otherwise agreed to in writing. Remarriage, therefore, will override judicial alimony orders in Utah. A subsequent marriage also terminates spousal support obligations outlined in divorce settlements unless the contract expressly provides that the support continues after the receiving party’s remarriage. An attorney can review your divorce settlement agreement to determine whether you may lawfully cease paying spousal support in Utah. Special Rules Applicable to Ending Spousal Maintenance PaymentsAlimony atomically ends upon the receiving spouse’s lawful remarriage without any action necessary on the payer’s part. The law requires the receiving spouse to notify the obligor of the remarriage. Failure to do so requires the remarried spouse to refund all alimony payments made following the remarriage, minus arrears. The following special rules also apply to spousal support and related obligations following the receiver’s remarriage: Ex-spouses notified of a pending remarriage should always speak with a spousal support lawyer before ceasing alimony payments. Receiving spouses often hide their remarriage to avoid family conflict or recover additional payments. As such, obligors often receive information about the nuptials from their children, friends, or third parties. Continue paying alimony until you receive confirmation of a lawful remarriage from your ex-spouse or public database. You may recover overpayments, and potential sanctions, in court, but judges will not generally excuse missed payments based on secondary information. Petitioning to Terminate Alimony Upon an Ex-Spouse’s RemarriageMany couples live in marriage-like relationships without entering into a legal marriage or registered domestic partnership. Spousal support does not automatically terminate in such cases, but courts may consider modifying or terminating alimony based on these changed circumstances. Cohabitation in a marriage-like relationship often qualifies as a substantial change supporting court-order termination of spousal maintenance awards under Utah Family Law. During the pendency of spousal support terms, paying spouses may petition for an order to cease alimony payments or demand recalculation. Obligors typically request orders demanding their ex-spouses to show why the court should not terminate support due to changed economic circumstances. Obligors must generally include admissible evidence supporting their termination petitions, which may include the following: The court may order the ex-spouse to provide updated expense reports or reveal information about his/her finances and relationship. If the judge terminates or modifies alimony based on cohabitation, the obligor may request reimbursement for support paid after filing the modification/termination petition. The obligor might even request a refund if the ex-spouse hid a relationship or failed to report substantially changed circumstances to avoid reduced alimony. Prohibition on Reviving Terminated Spousal MaintenanceIn rare cases, the receiving spouse will innocently remarry only to discover she entered into an unlawful marriage. She may also quickly regret her remarriage and lawfully petition for an annulment. Unlike divorce, annulments void the remarriage. Utah law also automatically terminates certain prohibited marriages. One spouse may cease support obligations following the receiving spouse’s remarriage in such cases but face post-annulment demands for continued support payments. Utah does not allow the receiving ex-spouse to revive spousal support following remarriage despite subsequent annulment or legal invalidity. If receiving spouses participate in marriage ceremonies, they waive future support obligations from their ex-spouses. The ex-spouses may freely rely upon the new marriage’s validity and cease alimony payments in most circumstances. Does Cohabitation Impact Alimony?Every state’s legal definition of cohabitation varies. States that are silent on a definition agree that cohabitation exists when two people live in the same home in a marriage-like relationship, sharing expenses, without being legally married. What Happens When a Supported Spouse Cohabitates with Someone New?Although most states have clear rules terminating alimony when the supported spouse remarries, what happens if your ex-spouse is in a relationship but not married? The court may still terminate alimony, but it depends on where you live and your case’s specific circumstances. Most states will reduce or terminate alimony if cohabitation significantly decreases the recipient’s need for support. For example, suppose you pay monthly alimony to your ex-husband, and he’s living with a new partner who is unemployed and broke. In that case, the court may not terminate your obligation to continue supporting your ex-spouse. Other states will terminate alimony, regardless of whether the cohabitation impacts the recipient’s economic status. For example, in one Utah case, a husband asked the court to end support payments after discovering that his ex-wife was cohabitating with a new partner. The court evaluated several factors when determining whether the cohabitation resulted in a marriage-like relationship, including: In this particular case, the ex-wife and her new partner spent every day together for over 2 years, spent holidays together, shared finances and meals regularly, and discussed marriage (but decided against it for financial reasons.) The court ruled to terminate the supporting spouse’s obligation for alimony, and a higher court agreed. In those states that do not have laws or court decisions that specifically address the impact cohabitation might have on alimony, it’s difficult to predict how a judge will rule. Regardless of state law, if you and your ex-spouse have made an agreement that support or alimony won’t be affected by the person who receives it living together with someone new, your agreement will stand. And bear in mind that the person requesting a change in alimony or support payments is the one who must prove that an ex-spouse’s situation has changed significantly. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Do I Need An Attorney To Adopt A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeVia https://www.ascentlawfirm.com/do-i-still-pay-alimony-if-my-ex-gets-remarried/ Spousal support—also called “alimony” or “maintenance”—isn’t automatic and isn’t ordered in every divorce. On the other hand, it isn’t exactly rare either. If you’re planning to request alimony, or you think that your spouse might ask for it, you’ll want to understand what alimony is and how judges decide to award it before you divorce. Many states define “alimony” as a court-ordered payment made by one ex-spouse to the other. Courts can also award temporary spousal support while a divorce is pending. Judges award alimony in to try to equalize the financial resources of a divorcing couple. When deciding whether to award alimony, a judge will consider whether one spouse has a demonstrated financial need and if the other spouse has the ability to pay. Judges usually award alimony in cases where the spouses have unequal earning power and have been married a long time. For example, a judge isn’t likely to award alimony if the couple has been married for only a year. In fact, some state laws allow alimony awards only when the couple has been married for a certain amount of time. How Does Alimony Work?Although judges have to follow state law in deciding whether alimony is appropriate, they usually have a lot of discretion in deciding when and how someone has to pay it. An alimony award can be temporary—to support a spouse only while the divorce is pending—or a permanent award that’s part of a divorce decree. Alimony payments can be in the form of: In general, lump-sum alimony awards and alimony in the form of a property transfer are non-modifiable, meaning they can’t be changed later and can’t be terminated or undone. Periodic alimony payments may be changed when there’s a significant change in one or both of the spouses’ circumstances. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other (the “supported” or “dependent” spouse) each month. A periodic or monthly alimony award will end on a date set by the judge, or when one of the following events occurs: As with most issues in your divorce, you and your spouse can negotiate and reach an agreement about the amount of alimony and length of time it’ll be paid. How Courts Decide AlimonyEvery state has its own guidelines on what judges should consider when deciding whether to award alimony. Most states require judges to evaluate: If you’re the spouse asking for support, the court will look closely at your current income or ability to earn if you aren’t currently working. When the supported spouse has been out of the workforce or has been underemployed (has an opportunity to work full or part-time but chooses not to) for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent. For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse’s career, a judge will examine the medically trained spouse’s future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce. For example, a judge might require a spouse who has a part-time job that doesn’t pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order (or the paying spouse might request) that an expert called a “vocational evaluator” make a report to the judge on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then compare the spouse’s qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn. Not every former spouse receives alimony, which is also called spousal support or maintenance. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it. Spousal support may be temporary, such as when a former spouse needs time to get back into the job market, brush up on skills, complete an educational program, or raise the children; or permanent, such as when a spouse may never become self-supporting due to age or disability. Your answers to the questions below can help you and your lawyer determine whether you’re a candidate for alimony (and if so, how much), or, conversely, whether your soon-to-be-ex spouse is, such that you will be liable for spousal support payments. Length of Marriage and AlimonyIf you are not sure whether alimony will come into play during your divorce, know that longer marriages usually involve this kind of spousal support, though some shorter marriages also warrant alimony. Your divorce lawyer should be able to let you know how likely it is that alimony will be involved in your case. Once it is decided that you will pay or receive spousal support, you may wonder how long it will continue. This varies from one case to another since it depends on the circumstances. Alimony is usually only paid until the recipient remarries or is cohabiting with a new partner. However, if the recipient never remarries, alimony usually has to be paid for the lifetime of the paying spouse. Amount of AlimonyThe amount of alimony depends on many factors. In most cases, the income of both spouses will be taken into consideration. If one spouse is making a lot more money than the other, he or she will likely have to pay alimony so that the two incomes are nearly equal. The bills of each person will usually also be considered, in addition to other factors of the case. If you are unsure if you will receive or need to pay alimony, realize that some couples are more likely to have to include spousal support than others. For example, if you have children, which required one spouse to stay home and care for them instead of going to school or working, the other spouse will likely need to pay both alimony and child support. Similarly, if one spouse cannot work much or at all due to a physical or mental health problem, the other spouse will probably have to pay alimony. In general, alimony is usually determined after figuring out the earning capacity of each spouse. If one person is likely to make much more money than the other, alimony will probably be considered. This is especially the case if the marriage kept one spouse from making more money, perhaps due to frequent moves for the other spouse’s job, or other circumstances that caused a hardship. Whether you are worried about having to pay alimony, or hope to get it from your former spouse, you will likely need the help of a lawyer to get the results you desire. Otherwise, you might end up with less money than you can comfortably live on. Types of AlimonyAs most people know, alimony is a type of obligatory payment made following a divorce, based on the idea that married couples have a duty to support one another a duty which may not end with marriage. Alimony payments are made because a couple’s obligation to one another has been deemed to extend after the marriage itself ends. Support payments are traditionally assessed by need; that is, which spouse has a lower earning potential and therefore is entitled to spousal support. However, what many people do not know is that there are actually several different types of alimony, which vary in a number of key areas. The four major types of arrangements are temporary, rehabilitative, permanent, and reimbursement. Many spousal support agreements combine multiple types of alimony when considering the sum total to be paid. Permanent AlimonyPermanent alimony is perhaps the one most engrained in the public consciousness. This form of spousal support is usually paid to the spouse who is earning less money, and is paid until the death of the paying spouse, the death of the paid spouse, or the remarriage of the paid spouse. Usually, one spouse has to be earning a reasonable amount less than the other in order to warrant permanent alimony. Temporary AlimonyTemporary alimony is not a short-term form of permanent alimony, but is rather paid while the divorce is pending and the couple is legally separated. This form of support is also called pendente lite, or “pending the suit.” Like in a permanent arrangement, temporary alimony is meant so that a spouse may maintain is or her lifestyle. Rehabilitative AlimonyUnlike permanent alimony, rehabilitative alimony is issued for a relatively short period. It is meant to provide a spouse with the money he or she needs to acquire job training, experience, or education in order to become more self-sufficient. It is meant to help raise a former spouse’s income potential and thus decrease his or her need for spousal support. It is commonly given to mothers of small children so that they can stay home with the children until they reach school age. Reimbursement AlimonyReimbursement alimony is paid to reimburse a former spouse for an expense. For example, if you worked to help put your former spouse through college, you may be entitled to reimbursement alimony to repay you. This type of spousal support may be paid over time, or in a lump sum. Reasons to Hire an Experienced Family Law AttorneyThere are few areas of law were the day-to-day work of a lawyer has more impact than in a divorce case. Even if you are considering divorce mediation, working with a family law attorney can make a difference in your future. If you are considering filing for divorce, it may feel overwhelming. Even if you understand the divorce process, there are many decisions to make. How do you agree on a workable child custody and visitation plan? How do you file court paperwork? It can take an emotional toll on you and your entire family. That’s why hiring an experienced family law attorney is often in your best interest. This article explains the reasons to hire an experienced family law attorney when embarking on a divorce. Experience Assessing Divorce OptionsTo grant a divorce, several issues must be settled: Experienced family law attorneys can give clients a good idea at the outset of their case on the best course of action. They have seen issues resolved in negotiation, mediation, and court. They will have a good idea of how best to ensure your goals are achieved. ObjectivityAs an outsider to your divorce, your attorney can be objective about your case. When emotions are running high, a client may be tempted to go for a quick resolution. They just want to get it over with. Your divorce lawyer knows you will live with this outcome for years to come. They want to ensure you make the best decision for the long term. For example, your attorney may counsel you to wait for a more fair and equitable division rather than accept a quick settlement agreement on property division. Paperwork and Red TapeAs with any case that goes to court, a divorce case involves a lot of paperwork, process, and deadlines. An experienced attorney can work through the maze of paperwork so that you can get on with your life. Experts and ConsultantsWhen a divorcing couple has wealth, a family business, or extensive property, a family law attorney may bring in experts. This team of experts and consultants could include business valuators, forensic accountants, and QDRO experts. Accessing experts may add to the cost of a divorce, but they tend to work quickly. The information they provide can support arguments on the financial aspects of a divorce trial. They can also ensure a fair and equitable settlement agreement. Alternative Dispute ResolutionAn experienced family law attorney may advise you to try an alternative dispute resolution process. Using mediation or collaborative family law often saves time and money. It can also protect the positive working relationship between the couple. That may be important for parents who will be co-parenting in the future. Experience Working with Other LawyersAn experienced family law attorney can deal effectively with opposing counsel. From the early exchange of information (the “discovery” process), through settlement negotiations, to family court, lawyers speak the same language. Trust your attorney to be able to work effectively to resolve differences. Favorable Settlement AgreementsFamily law attorneys work hard to reach the best divorce settlement agreements for their clients as early in the divorce process as possible. Family Court ExperienceIf a trial becomes necessary, an experienced family law lawyer can zealously represent you in court. They may be familiar with all of the family court judges who work in their area and how those judges have ruled on similar issues in the past. This can be useful when advising clients on how the court will view their case. Hire an Experienced Family Law Attorney for Your Divorce TodayYou don’t have to go through the process of divorce alone. Hiring an experienced divorce attorney can provide peace of mind. You will receive sound legal advice on each step of the divorce process. Expert guidance can help you achieve the best possible outcome for your case. Start the process today by contacting an experienced divorce attorney near you. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Do I Qualify For Alimony? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Do I Need An Attorney To Adopt A Child? Can I Adopt My Spouse’s Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeVia https://www.ascentlawfirm.com/do-i-qualify-for-alimony/ Stepparent adoption is a formal court process that allows a biological parent’s spouse to adopt the spouse’s child. When the court finalizes a stepparent adoption, the child will receive a new birth certificate with the adoptive parent’s name listed in the biological parent section, and if desired, will also take that parent’s last name. Stepparent adoption is the most common adoption procedure in the country because the process is more streamlined and less complicated than other forms of adoption. For example, most adoptions require a home study, which can take several months to complete, but some states waive the home study in stepparent adoptions. Getting Parental ConsentAlthough the stepparent adoption process may be easier in many respects, the most challenging task can be obtaining the other birth parent’s consent. Some biological parents consent to the adoption because it’s in the child’s best interest. Others may agree because it will extinguish their obligation to pay child support once the adoption is final. In an ideal situation, the noncustodial biological parent will agree to the adoption, and you can file a joint request. However, it’s often challenging to get parental consent to adoption because this means giving up all rights to a child. Generally, a complete termination of parental rights means the biological parent: If you have trouble reaching an agreement, or the other biological parent won’t consent, you will need to ask the court to terminate the other bio parent’s rights. The judge will not allow the adoption to proceed unless there’s a valid reason to terminate parental rights, like abandonment, unfitness, or a history of child abuse. Asking the Court to Terminate Parental RightsIf your child’s other birth parent will not consent to the adoption, or if you can’t locate the parent, you can ask the court for help. The court’s primary concern is what’s best for the child, and you can demonstrate that stepparent adoption is best for your child is a variety of ways. However, because termination of parental rights is absolute, the burden of proof is very high, and the court will only allow the adoption to proceed if it’s certain that it’s best for the child. AbandonmentYou may feel hopeless during the adoption process if the other parent is absent and you can’t obtain consent. However, the stepparent adoption process can continue if you can prove that the parent hasn’t had contact with the child or hasn’t exercised parental rights for the child. Every state’s abandonment laws vary, but most states require at least one year to pass where the parent has failed to support or communicate with the child. In cases where the parent pays child support, but doesn’t see the child or exercise any other parental rights, the termination process may be more complicated. UnfitnessIf the other parent has a history of child abuse, is addicted to drugs or alcohol, or is incarcerated, the court will conduct a hearing to determine if it’s in the child’s best interest to let that parent continue to exercise parental rights. In these types of cases, if the biological parent’s spouse is stable and committed to providing the child with a better life, the court may involuntarily terminate the other parent’s rights and allow the stepparent adoption to continue. Paternity IssuesIf the absent parent is male, you can terminate his rights if you can prove to the court that he is not the child’s biological parent. Every state has varying laws regarding who is presumed to be the biological parent, so it’s critical to understand what the law is in your state. For example, in Michigan, if an opposite-sex couple is married when the child is born, the court automatically presumes that the woman’s husband is the father, so the child’s birth certificate will reflect that the husband is the biological father. If either spouse later discovers that the presumption is incorrect, the parent will need to meet the state’s requirements (within the required period), to rebut the presumption. If you can show that the other biological parent doesn’t meet your state’s requirements for presumed parenthood, the court can terminate that parent’s rights, and you can move forward with your stepparent adoption. However, if the other biological parent doesn’t consent and demonstrates that the presumed parenthood is accurate, you’ll need to either obtain consent from the other parent or ask the court to terminate parental rights by proving abandonment, unfitness, or any other state-approved standard. Stepparent Adoptions and Same-Sex MarriageIn 2015, the United States Supreme Court (USSC) overturned the ban on same-sex marriage making it legal in all 50 states. Prior to this, couples living in states where same-sex marriage wasn’t legal could not petition the court for stepparent adoption, even if both biological parents consented. Tragically, this meant that if the biological parent died, the child would likely end up living with strangers instead of the other (non-biological) parent. Presently, however, if you’re legally married to a same-sex partner, you have the same rights to stepparent adoption as opposite-sex couples. But you’ll need to meet the same requirements as other couples. It’s common for same-sex couples to have children using sperm or egg donors, and the donors typically sign away parental rights, which eliminates the sometimes monumental task of obtaining consent in a stepparent adoption. On the other hand, if one biological parent has a child with an ex-partner or ex-spouse, you’ll need to obtain consent or go through the court process of terminating parental rights before you can finalize your adoption. Stepparent and Second-Parent AdoptionsIn a stepparent adoption, a parent marries someone other than his or her child’s other parent, and the new spouse adopts the child. When the adopting couple is married, the adoption is usually readily approved. These adoptions usually don’t cost much and may not require a home study by a social worker. The equivalent process for unmarried couples is called “second-parent adoption.” When the adopting couple is unmarried, the cost may be higher and a social worker home study is almost always required. In addition, a number of states still frown upon second-parent adoptions when the couple is unmarried. If you are considering one of these adoptions, you’d be wise to consult with a local family law attorney to get an evaluation of your rights. Keep in mind that if you don’t adopt your partner’s biological child, you risk losing access to the child if you and your partner separate. A child cannot be adopted without the consent of both parents, unless one parent has failed to establish a parent-child relationship with the child or has abandoned the child. If the noncustodial parent is the father, the social service agency will determine whether his consent is needed before a stepparent or second-parent adoption can take place. A father who signs a paternity statement, provides support (if he can), and maintains a relationship with his child, can probably prevent the child from being adopted by someone else. In addition, especially if the child is a baby and the father has had little opportunity to support or visit the child—or has been prevented from doing so by the mother—he may be able to prevent the stepparent or second-parent adoption and petition the court to obtain visitation. If the noncustodial parent is the mother, the social service agency will have to obtain her consent or recommend that her parental rights be terminated. Unmarried mothers without custody must pay support if they can and visit the child or face losing the child to a stepparent or second-parent adoption. Remember, once a person does formally adopt a child, that person has all the legal rights and responsibilities of a biological parent, whether the adopting parent is a partner who legally adopts the biological child of an unmarried partner or part of an unmarried couple that jointly adopts a child. Benefits of Adopting Your StepchildrenAdopting a stepchild is a voluntary act, and not all stepparents adopt their spouse’s children, but doing so can bring about some extraordinary benefits in the lives of the stepchild, the stepparent, and the spouse of the stepparent. Here are three primary benefits of adopting your stepchild. You Will Have the Right to Make Decisions and Be Involved in Your Stepchild’s LifeIf you are a stepparent of a child but have not adopted the child, then you are not considered the legal parent of that child. This means you do not have the legal rights and responsibilities associated with being a parent of the child, such as being able to take part in decisions relating to that child’s welfare or upbringing. Furthermore, the child’s other biological parent (not the one you are married to) may indeed have some rights with regard to important decisions on the child’s behalf that you do not, such as taking part in making educational, medical, and religious decisions. You may also lack the ability to do things such as visit the child in a hospital or accompany the child to certain places if you are not an adoptive parent. Finally, if your marriage ends or your spouse dies or becomes incapacitated, without an adoption you may no longer have any right to be involved in the child’s life and full custody may go to the spouse, the other biological parent, or even a grandparent instead. By taking steps now to adopt a stepchild, you can avoid these outcomes and gain the full legal rights of parenthood. You Can Minimize the Influence of a Difficult Biological ParentIn a stepparent adoption, the parental rights of the other biological parent not living with the child will be terminated. What this means is that the other biological parent will no longer have rights to shared custody (if any previously existed) or visitation, and thus that parent will not have the ability to obtain a court order to interact with or otherwise influence the child. This termination also ends any child support obligations. Although there are plenty of scenarios in which a noncustodial biological parent is either a positive or neutral influence on a child’s life, in all too many cases they are an unwanted influence on a child due to behavioral issues, drugs and alcohols, disagreements with how the child should be raised (e.g. religious or educational matters), and so on. Although you and your spouse remain free to voluntarily allow a biological parent to remain connected with the child, with a stepparent adoption you will also have the ability to avoid any and all contact between the child and that parent. You Can Demonstrate Your Ongoing Devotion to Your StepchildAside from the legal rights that you will gain as a parent, legally adopting your stepchild is a vivid and real demonstration of your ongoing devotion to your stepchild. What you are saying to your stepchild, your spouse, and the world is that you are pledging to care for that child as your own, and that that stepchild can grow up knowing that, no matter what happens, he or she will have the security of being able to count on you as a supportive parent. Stepparent Adoption FAQ’sI want to adopt my spouse’s children. How difficult is it to adopt stepchildren? It is generally not as difficult as other types of child adoption but there are still steps that must be taken. In a stepparent adoption where the child already resides in the household with a birth parent and the stepparent, some of the home visit requirements may not apply. The main issue that most stepparents adopting a stepchild face is obtaining consent from the other birth parent. Do I Need Consent From The Birth Parents To Adopt My Stepchild? Yes. In all stepparent adoptions, the consent of both birth parents is required. However, if a birth parent’s parental rights have been terminated, then that birth parent’s consent is not required. Getting consent from the other birth parent is often difficult because it means that the birth parent is giving up all parental responsibilities. If the birth parent doesn’t have a relationship with the child, the stepparent may have an easier time getting consent. If The Other Birth Parent Does Not Consent, Can Their Rights Be Terminated Anyway? There are ways to terminate the other birth parent’s parental rights, which would eliminate the requirement of their consent. Parental rights can be terminated if you can prove the other parent: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can I Adopt My Spouse’s Child? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Need A Lawyer For My Family Law Issue? Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Do I Need An Attorney To Adopt A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeVia https://www.ascentlawfirm.com/can-i-adopt-my-spouses-child/ According to general adoption laws, the term “adoption” can be defined as a legal process in which a court establishes the rights and obligations between a child and adoptive parent in accordance with state adoption laws. Adoption also creates a parent-child relationship between persons who are not biologically related. There are some exceptions, however, such as if a blood relative like a grandparent decides to legally adopt a child as their own. In most cases, an adoption occurs because a person or couple may want to have a child, but for whatever reason (e.g., medical condition etc.), they are not able to and thus will decide to adopt a non-biological child instead. Adoptions are extremely beneficial for both the person and persons looking to adopt a child as well as for the child who is adopted. Under the law, the adopted child and parent are legally recognized as family. What Is the Effect of an Adoption?As discussed above, an adoption establishes a parent-child relationship between the adopting parent and the child who is adopted. This means it is as if the adoptive parent is the child’s biological parent. Thus, once an adoption is approved, the adopting parent will gain all of the legal and physical parental rights that are granted to biological parents under the law. Conversely, the same will be true, meaning that the child will gain all of the privileges, rights, and legal obligations that a child or heir would have in a biological relationship. For example, the adopted child would obtain inheritance rights under the law. Additionally, an adoption also means that the biological parents will give up their rights over the child. For instance, a biological parent who gives their child up for adoption will not be allowed to instruct the adopting parent on how to raise their child. The adoption process terminates those rights and transfers them to the adopting persons. Who Is Allowed to Adopt?Anyone who meets their state’s minimum adoption requirements will be allowed to adopt a child in that state. For instance, it does not matter if the person is single or married, or already has children or not; it only matters that they can satisfy the legal requirements. Such requirements and laws will vary by state. Some other basic requirements for adoption include that the person or persons adopting: What Facts about the Adoptive Parent(s) Are Considered?An adoptive parent is generally defined as the individual who provides a permanent home for a child who is not biologically related to them (in most cases) and is granted both the legal and physical parental rights over that child. In other words, an adoptive parent essentially has all of the legal obligations and rights that a biological parent would have over a child under the law. This is why it is so important to subject a person to a background check and court evaluation before they can be granted approval to adopt a child. The facts that a court, agency, and/or other interested parties may review will change in accordance with individual state laws. However, the items that are typically considered before a person can adopt a child include the following: What Kinds of Adoptions Are There?Under the rules on adoption, there are various types of adoptions that a person can petition for, such as: In certain states, there may be overlapping requirements between some of the adoptions mentioned in the above list. In other states, the adoption term or procedure may not even be recognized or allowed by law. What Are the Steps to Adoption?As previously mentioned, the laws and requirements for an adoption will typically vary by state. In some instances, they may even vary on a case-by-case basis, depending on the circumstances surrounding a particular adoption. Thus, the following steps only provide a general overview of what a person’s adoption process might entail, such as: Again, remember to keep in mind that this process can change from state to state. It may even depend on what type of agency or organization that the person is adopting a child from (e.g., orphanage, private agency, etc.). It should also be noted that if the child is being adopted through an international organization, then the prospective adoptive parent may need to satisfy additional requirements. Is Court Approval Required for an Adoption?In general, a person who intends to adopt a child typically must get approval from a court (usually a family law court). This step in the adoption process will require the person to appear in court and to attend a legal proceeding known as an “adoption hearing.” The adoption hearing is where a court will decide whether or not to grant approval for the pending adoption. If approved, this will be the final step in the overall adoption process. Again, while the laws and requirements of the adoption process will often vary by state, there are several overlapping factors that a court may use to make the decision. These include whether the adopting parent will be able to support the child financially. The most important factor that the court uses to make its decision will depend on the child’s best interest standard. On the other hand, if the court denies the adoption, the adopting parent will have to appeal the decision and prove why they deserve to have the adoption approved. In some cases, an adopting parent may only need to show that the prior circumstances which affected the court’s initial decision are no longer an issue. Do I Need a Lawyer for Help with the Adoption Process?The process to adopt a child can sometimes be long and difficult. This is especially true when there are issues with either the background of the adopting parent, the facts surrounding an adoption, or with the laws of a particular state. All of these problems can make the adoption process that much harder for a person. Therefore, if you plan on adopting a child in the near future, you should speak to a local adoption lawyer for further legal advice. There are many benefits to working with a lawyer for adoption cases. For instance, an experienced adoption lawyer can guide you through the entire adoption process. This includes helping you to fill out the proper forms and determining which type of adoption may be the best fit for you and your family. Your lawyer can also inform you of your rights and legal obligations as an adoptive parent under the laws governing adoption in your state. In addition, if any issues or disputes should arise during the adoption process, your lawyer will be able to provide legal representation on the matter in court. Adoption LawyerAn adoption lawyer, also known as an adoption law attorney, is licensed court officers and legal counselors who handle adoption law matters. They generally help protect parental rights but could also represent mothers relinquishing theirs. They may also practice family law and trust law in conjunction with their adoption practice. An adoption lawyer must also possess a strong command of federal adoption law and know international adoption laws, family trusts, and privacy laws. What Does An Adoption Lawyer Do?An adoption lawyer is someone that will help you through the entire legal process of infant or child adoption. They will help you find the right adoption agency or independent adoptee while protecting your rights through the process. Here is what an adoption lawyer does: Due to adoption system complexities, parents may feel reassurance when hiring an adoption lawyer. Long waiting periods can make the process feel unfair to expectant parents. Hiring an adoption lawyer ensures that you are taking every proactive step to bring your child home. An adoption lawyer can help you if you are trying to gain legal guardianship of a child that isn’t biologically yours. A lawyer can help you find an agency to adopt from if you need one, can file any necessary paperwork, and can represent you in court if necessary. How Much Does an Adoption Lawyer Cost?Many adoption attorneys have flat fee services for simple issues like document drafting, review, and filing. For more complex issues like talking to an adoptions agency or going to court, most lawyers charge an hourly rate. Rates will vary depending on the complexity of your issue and where in the country you live, so negotiate a rate up front with your attorney to avoid costly surprises. You should expect to end the process with a child who is a legal member of your family. The entire adoption can take up to 5 years including waiting periods, but it’ll take less time depending on your case. If there are any legal complications or you don’t pass some of the qualifying examinations, the process could take longer. An adoption attorney can guide you through this and potentially expedite the process by knowing who to talk to and what paperwork to file. Advantages of Adoption Law Firms: Disadvantages of Adoption Law Firms: These are issues like: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Do I Need An Attorney To Adopt A Child? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Have To Pay Child Support If I Have No Visitation Rights? Do I Need A Lawyer For My family law Issue Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeVia https://www.ascentlawfirm.com/do-i-need-an-attorney-to-adopt-a-child/ Do I Need a Lawyer for Child Custody?Whether you need a lawyer for child custody depends largely on whether you and your spouse can agree. Some parents can work out a parenting plan or child custody agreement on their own, peacefully, while others will fight for what they believe is fair and right for their child. If you are preparing for a fight, you will want to consider legal help, but you have options. Isn’t Child Custody My Decision? Do I Need to Go to Court?A child custody case is a part of family law that looks at a child’s best interests to decide how much time they spend with each parent. While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody “battle”) considers the visitation rights and parenting plan that most benefits your child. If you feel frustrated that a court can tell you what is best for your child, you are not alone. Many parents think a custody order (also called “custody agreement”) should be decided by the parents and not a family court. If parents can find a solution that works for both of them and, more importantly, is in their child’s best interests, then they can present that solution to a judge and avoid a courtroom battle. However, many parents cannot find a solution on their own and at least need mediation, if not a judge’s input. If you think the custody of your child should be your decision, but you cannot find an agreement with the other parent, then you have some options when going to court. Option 1: Not Having Legal Representation from a Child Custody AttorneyYou do not need to have an attorney for a custody dispute in most states. Representing yourself in court is your right and can have pros and cons. The obvious pro is that you will save money on legal fees. However, going to court generally means the parents cannot find a solution. So you are looking at a complex process in front of you before you even get to the courtroom. You may need to take work off and put in hours of work to prepare your case. The lesser-known cons of not having an attorney are: It is risky to fight for full physical custody of your child without a lawyer presenting it in the best light (most courts want to split parenting time evenly). Choosing to represent yourself is a bold choice, and it may work for certain people. But do not let money be the reason you go to court alone. There is legal aid available, and some attorneys accept payment plans. You can also consider the hybrid approach outlined below in option three. Option 2: Fight for Your Custody Arrangement with a Child Custody LawyerHaving professional legal help moves along the process faster and gives you a stronger chance to win the resolution you want. Child custody issues are ultimately decided by the judge’s view of the best interests of the child. But, an attorney will partner with you to show strong evidence of why you deserve parental rights. Not all evidence and testimony is useful at the court hearing when you want to be the sole custodial parent, or even fight for half custody. Keep in mind a judge can give you less than half the time, or choose a weekly split that you don’t want. Important note: If your situation involves domestic violence, orders for protection, or other court orders, you should use an attorney. These types of cases are often better handled attorney-to-attorney. They need to keep certain information, like your home address, off the record. While you may have an order of protection for an ex-partner, they can still win visitation. Keeping you safe is the top priority, and a good lawyer knows how to represent your best interests. Option 3: Hybrid Legal Advice, DIY, and Meditation ApproachEven if the other parent isn’t entirely willing to cooperate, you may have some options to save money while handling a child custody dispute: Mediators tend to cost between $100 and $300 per hour, which is huge cost savings compared to court. Situations When You Need a Custody AttorneyBoth parents have the right to seek custody of their children with or without an attorney. However, some factors make the case lean in favor of one side or the other. It is a good idea to have an attorney if: Overall, these cases tend to be emotionally-charged for the parents and children. Even the simplest of cases usually involves deep dives into finances, your character as a parent, and detailed aspects of family law in your state. If you are unsure about your skill at preparing for the case or speaking in a high-stress situation, or your chances at winning the custody arrangement you want, then an attorney is going to be your strongest option. You can do a free consultation with attorneys in your area until you find the right fit for you. Choosing the Right Attorney for Child CustodyChoosing a good child custody attorney can be difficult, particularly because of the many highly emotional issues that emerge during child custody proceedings. Parents looking to hire a child custody attorney should use the following resources to identify experienced, qualified candidates. ReferencesThe best resource for parents who are seeking information on a good child custody attorney is to seek references from other people. Important references to obtain on child custody attorneys include: InterviewIt’s important for single parents to interview a potential child custody attorney before hiring them. Some questions to ask are surrounding: Experience with Your Type of Case – A single parent should choose an attorney that has experience handling and winning his or her type of case. A single parent should also understand how many hours it may take for their case to be decided. Fee Structure – A single parent should inquire into whether the attorney charges on the basis of a retainer or on a per hour basis. Free Consultation – A single parent wants to know whether a child custody attorney is willing to provide a free consultation. A free consultation will give a parent an idea of whether he or she will be able to work with the attorney. Pro BonoIf a single parent cannot afford a paid attorney, he or she may qualify for a court-appointed attorney. A court-appointed attorney will serve to represent the single parent, in the same way as a paid attorney. The county family court will maintain a network of pro bono attorneys to assist with child custody cases. Resources to Investigate the Attorney’s ReputationThere are several resources that a parent may use to check an attorney’s reputation, including: Additionally, an attorney cannot practice law in states where their license has been suspended. Asking around town. If single parents live in a smaller community, there’s a good chance that an attorney’s reputation will be well known in that particular community. Parents can inquire about an attorney with someone else or multiple people in the community. Fire a Child Custody Attorney Who Isn’t Meeting Your NeedsDon’t worry about making a mistake. If the agreement between you and your attorney is no longer effective or does not meet your needs, release the attorney from his or her duties and begin a new search for a new child custody attorney. What Should I Ask My Lawyer About Child Custody?Most family law attorneys have experiencing handling contentious custody disputes. They often represent parents who were married or those were never married and who face important decisions about what happens when a relationship ends. Most experienced family law attorneys will make sure you are comfortable with the process and requirements of presenting a solid custody and visitation case. What to look for in a lawyer: Why Might Hiring A Family Law Attorney Be The Best Decision?Objectivity: You have an obvious stake in the outcome of the child custody decision. A family law attorney is an objective professional, hired to be your advocate and to promote your interests. They also act as a buffer between you and the other party or you and your spouse’s attorney. Expertise: Family law attorneys handle custody cases frequently and will have insider knowledge that you cannot get without this experience. You will benefit from hiring an experienced attorney who knows how to protect your interests. Cost is obviously an important factor for many people seeking an attorney. The cost for an attorney will vary widely depending on your state, your city, the lawyer’s experience and other factors. But making a decision on price is just one of the many considerations you should evaluate when hiring an attorney. How Do I Represent Myself in a Child Custody Case?You may want to represent yourself in your child custody case. And while you may save money by choosing to go it without a child custody lawyer, it will be a challenging process. If you can’t afford an attorney (and even if you can afford one) you are able to represent yourself in the proceedings. Here are some things to keep in mind to make sure that you end up with an order that is truly in the best interests of your child: Get organized. When you present information to the other parent, the other attorney or the court, it needs to be clear. If you organize your information, it makes it more likely that it will be persuasive and accepted. Be patient. If issues are contentious then it may be a long, drawn-out process including mediation, negotiation and court appearances. Be flexible. Prepare to tell your story, but allow some flexibility in your options. Provide alternatives for resolution of the matter. Custody cases and decisions are fraught with emotion and disagreement. They are emotionally challenging and financially challenging cases. To ensure that your interests are protected, hire an experienced family law attorney to guide you through the process. Even if you are primarily representing yourself, you can consult with an attorney on a limited basis to get some legal advice and limited representation. Not all but some family law attorneys will offer that option. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do Adoptions Require A Home Inspection? Do I Have To Pay Child Support If I Have No Visitation Rights? Do I Need A Lawyer For My Family? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeVia https://www.ascentlawfirm.com/do-i-need-a-lawyer-if-i-am-a-parent-dealing-with-child-custody/ |