I’ll do my best to answer this question from a divorce lawyer point of view. To answer your question: Is it possible for the biological father to get custody (as opposed to visitation) of the child? Yes. Is it likely? In our view it is unlikely so we’ll say: no, unless it can be proven that you are unfit to have custody of the child. There are several follow up questions we have for you, such as – does the other man know of the child? Does your husband know? Are you getting divorced? There are other questions to figure out as well. Here’s a good link: Child Custody and Parent Time and here are some statutory references: 78B-15-602. Standing to maintain [paternity] proceeding. Subject to Part 3, Voluntary Declaration of Paternity Act, and Sections 78B-15-607 and 78B-15-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4) the support-enforcement agency or other governmental agency authorized by other law; (5) an authorized adoption agency or licensed child-placing agency; (6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or (7) an intended parent under Part 8, Gestational Agreement. 78B-15-607. Limitation — Child having presumed father. (1) Paternity of a child conceived or born during a marriage with a presumed father, as described in Subsection 78B-15-204(1)(a), (b), or (c), may be raised by the presumed father, the mother, or a support enforcement agency at any time before filing an action for divorce or in the pleadings at the time of the divorce of the parents. (a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the tribunal in accordance with Section 78B-15-608. Failure of the mother of the child to appear for testing may result in an order allowing a motherless calculation of paternity. Failure of the mother to make the child available may not result in a determination that the presumed father is not the father, but shall allow for appropriate proceedings to compel the cooperation of the mother. If the question of paternity has been raised in the pleadings in a divorce and the tribunal addresses the issue and enters an order, the parties are estopped from raising the issue again, and the order of the tribunal may not be challenged on the basis of material mistake of fact. (b) If the presumed father seeks to rebut the presumption of paternity, then denial of a motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence. (c) If the mother seeks to rebut the presumption of paternity, the mother has the burden to show by a preponderance of the evidence that it would be in the best interests of the child to disestablish the parent-child relationship. (d) If a support enforcement agency seeks to rebut the presumption of parentage and the presumptive parent opposes the rebuttal, the agency’s request shall be denied. Otherwise, the denial of the agency’s motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence, taking into account the best interests of the child. (2) For the presumption outside of marriage described in Subsection 78B-15-204(1)(d), the presumption may be rebutted at any time if the tribunal determines that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception. (3) The presumption may be rebutted by: (a) genetic test results that exclude the presumed father; (b) genetic test results that rebuttably identify another man as the father in accordance with Section 78B-15-505; (c) evidence that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; or (d) an adjudication under this part. (4) There is no presumption to rebut if the presumed father was properly served and there has been a final adjudication of the issue. 78B-15-611. Proceeding before birth. A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: (1) service of process; (2) discovery; and (3) except as prohibited by Section 78B-15-502, collection of specimens for genetic testing. (1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (a) a presumed father of the child; (b) petitioning to have his paternity adjudicated; (c) identified as the father through genetic testing under Section 78B-15-505; (d) an alleged father who has failed to submit to genetic testing; (e) shown by clear and convincing evidence to be the father of the child; or (f) the mother of the child. (2) A temporary tribunal order may include provisions for custody and visitation as provided by other laws of this state. 78B-15-617. Rules for adjudication of paternity. The tribunal shall apply the following rules to adjudicate the paternity of a child: (1) The paternity of a child having a presumed, declarant, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. (2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 78B-15-505 must be adjudicated the father of the child, unless an exception is granted under Section 78B-15-608. (3) If the tribunal finds that genetic testing under Section 78B-15-505 neither identifies nor excludes a man as the father of a child, the tribunal may not dismiss the proceeding. In that event, the tribunal shall order further testing. (4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man properly excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child. Free Consultation with Divorce and Custody Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Common Misconceptions Regarding the Divorce Process in Utah Overview of Family Law and Divorce Cases in Utah Divorce vs. Legal Separation in Utah Divorce Lawyer in Salt Lake City Utah Michael R. Anderson, Utah Divorce Lawyer from http://www.ascentlawfirm.com/i-had-a-child-from-an-affair-can-the-other-man-get-custody-of-my-child/
0 Comments
Good question, with no easy pre-packaged answer. If you’re struggling with debt and looking for a way out, it’s in your best interest to at least talk to a professional. There are simply too many variables involved with the “can bankruptcy help?” question to get competent advice from the internet. With sites like this, you have the opportunity to begin your research and learn quite a lot, but ultimately, you’ll need a lawyer familiar with the laws of your state and the particularities of your local system. Filing For Bankruptcy is a Major Decision. Necessary For Some, Unnecessary For Others…You don’t just throw a bankruptcy in your shopping cart and head for the check out, it’s a major life decision that should not be entered into lightly. In some cases, bankruptcy can really help. Some families who are avoiding filing for bankruptcy shouldn’t be, they could use the help. In other situations, filing for bankruptcy would be a big mistake. One of the themes we try to emphasize on this forum is that no two bankruptcy cases are identical. If I’ve said it once, I’ve said it a thousand times, filing for bankruptcy is much more than just filling out some forms. Debt relief at the federal level is powerful, complicated and unforgiving. It can offer tremendous relief when done the right way (see: Filing Bankruptcy Without a Lawyer? Know The Risks). You pay a bankruptcy attorney to weigh all of the variables and to guide you through the process if you need it, or point you in another direction if you don’t. But I can hear the readers researching bankruptcy, at home, late at night, saying: “OK, we get that no two bankruptcy filings are the same, and that we need good representation, but can you answer the question please! Will bankruptcy help me?” Again, ultimately a question for a lawyer, not Google, but to begin your research, let’s roll up our sleeves and delve into some common debt scenarios and break it down. Can Bankruptcy Help With Credit Card Debt?A softball pitch to start. High interest credit card debt is one of the most common reasons folks file for bankruptcy. Bankruptcy can be a big help with your credit card bills. How? Assuming they were incurred in good faith, the bankruptcy discharge eliminates unsecured debts such as credit cards and medical bills. After you file for bankruptcy, your credit report should reflect zero balances on credit cards and lenders are permanently prevented from trying to collect. If they try, they can get in hot water with the bankruptcy judge. Will Bankruptcy Help With Collection Calls?Yes, we can check that box as well. Take some time to read up on the automatic stay, it’s a powerful injunction that stops all collection activity in its tracks the minute a bankruptcy case is filed. Once you seek bankruptcy protection, your creditors are prohibited from calling you. Even “friends” checking in on debts need to respect the bubble. Does Bankruptcy Stop a Foreclosure?Not only does the automatic stay stop creditor phone calls, it stops all collection activity including lawsuits, garnishment and, yes, foreclosure. Bankruptcy and foreclosure is a complicated subject, but bankruptcy can help at least delay a foreclosure sale of your home. Chapter 7 bankruptcy is a faster process than Chapter 13 bankruptcy. Most Chapter 7 cases are open and shut within a six-month window. When you file bankruptcy (7 or 13), a court-ordered injunction, known as the automatic stay, prevents the bank from foreclosing on your home. This is true even if you file bankruptcy the day before the foreclosure sale is set to take place. That’s the good news, now on to the not so good news. Even after a bankruptcy case has commenced, and the almighty stay is in place, lenders can file what is known as a motion for relief from stay. The motion for relief allows them to continue with the foreclosure process even while your bankruptcy case is live. For a detailed breakdown of how bankruptcy can help stop foreclosure, see this post: Bankruptcy and Foreclosure: What You Need to Know. Will Bankruptcy Help My Spouse if I Don’t File?Potentially, yes it can. However the answer will hinge on whether your debts were incurred jointly or separately. Bankruptcy only eliminates the personal liability of the individual that actually files. If you and your spouse have incurred joint debt, she files and you don’t, you’ll still be on the hook for the debt. Conversely, if your spouse has incurred quite a bit of debt in her name and you haven’t, bankruptcy can help get you out of debt while preserving your credit. Check out this post for more information. Can Bankruptcy Help With IRS and State Taxes?Yes, but only in limited circumstances. If your taxes have been due for at least three years and your returns were filed more than two years ago, your taxes are likely dischargeable in bankruptcy. If you don’t meet this criteria, you’re stuck with your tax debts even if you file bankruptcy. Keep in mind, your taxes are due in April of the next tax year. 2012 taxes aren’t technically due until April of 2013. The three year time period starts running from the due date. assuming no extensions have been filed, your 2012 taxes become dischargeable in April of 2016. The IRS wants to make sure they have a number of years to take a good crack at you before you’re allowed to wipe out the tax debts in bankruptcy. For more information, see this post: Tax Debts and Bankruptcy. Will Bankruptcy Help With My Mortgage?Yes and No. On the one hand, filing for chapter 13 bankruptcy can help you save a home from foreclosure by forcing your lender to take past due mortgage payments in small increments over a 3-5 year period rather than forcing you to pay back what you owe in a lump sum right away. The concept is explained well in this post: Can Bankruptcy Save My Home? The all too common scenario unfolds a lot like this: a consumer falls behind on their mortgage and starts to get calls and letters from their lender. They then try to negotiate a modification or payment plan to get caught up. Unfortunately, in most cases the mortgage modification attempt fails after many months of haggling with “loss mitigation” bureaucrats or the bank demanding the arrearages in one lump sum. The consumer can’t afford to come current on their entire past due balance and eventually they lose their home to foreclosure. Chapter 13 bankruptcy changes the playing field by forcing lenders to accept past due mortgage payments in small increments over a period of 3-5 years which gives many families a realistic chance of getting caught up and saving their home. The past due mortgage payments are then added to the existing mortgage payment going forward. Although the ability to catch up on past due mortgage payments can be a big help for many families who are struggling to stay in their homes, it is important to remember that filing for bankruptcy doesn’t give you a free house. You’ll always need to maintain normal monthly mortgage payments if you wish to keep your home. Failure to pay the mortgage on time will almost always result in the lender seeking permission to foreclose. If, on the other hand, you’re one of the millions of Americans who find themselves underwater on their home values, and your mortgage has become a financial albatross that you can no longer afford to carry, filing for bankruptcy gives you the right to surrender the property and walk away with no liability for a deficiency judgment. Can Bankruptcy Help With My Mortgage Modification?Well, maybe not in exactly the way you might be envisioning. Your bankruptcy judge won’t get on the phone and take Bank of America to task for giving you the runaround for a year or more. However, the bankruptcy laws do allow junior liens to be stripped from your primary residence in a Chapter 13 bankruptcy. What does this mean? First off, the rule only applies to your primary residence, investment property need not apply. If you find yourself owing more than your home is worth based on the balance of your first mortgage, the second and third mortgages can actually be stripped or removed from your house. You’ll need a current appraisal to prove property value. Once this has been accomplished, your bankruptcy lawyer will file a lawsuit in the bankruptcy court seeking to have the liens removed. If the appraisal is credible, it is unlikely that the mortgage company will object and you’ll be left with a reduced housing payment. Can Bankruptcy Help With My Car Payments?Another yes. The same principle applies in the car context as it does in the mortgage context. First, you have the option of surrendering a car you can no longer afford and walking away. This is true regardless of whether you are currently leasing or financed the purchase of the car. If you wish to keep the car and lower payments, filing for Chapter 13 bankruptcy can do that as well. Just as second and third mortgage liens can be stripped from your home, the balance of a car loan can be reduced or “crammed down” to match the current market value of your car. In the cram down scenario, there is no requirement that there be a junior lien before your primary loan can be chopped, however, loans made within 910 days of filing are not eligible for cram down. The cram down option is a powerful tool for many consumers because, as we all know, the value of a car starts to go down the minute you drive it off the lot. Free Consultation with a Utah Bankruptcy LawyerIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you. Come in or call in for your free consultation.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Is a Foreclosure Better or a Short Sale? Equal Rights for Fathers and Mothers from http://www.ascentlawfirm.com/can-bankruptcy-help-me/ As Utah Real Estate Lawyer, we get a lot of calls from clients who tell us that their real estate agent has recommended a short sale as an alternative to foreclosure. The selling point is that you will avoid a foreclosure on your credit report. Homeowners think this is a great option, but, while it sounds great, the reality isn’t as wonderful. A short sale can lead to a number of pitfalls, short sales are not necessarily better than the dreaded foreclosure. Some common short sale traps are outlined below. Short Sales Cost Time and Money(1) You don’t receive any money from a short sale, yet you have to keep your home in sale ready condition: in a short sale, your lenders are agreeing to take less than what is owed. This means that there is no equity in the home for you. When the sale is closed, you will receive no income whatsoever. Your real estate agent, in an effort to get the house sold, will probably ask you to spend some time and money throwing a fresh coat of paint on the walls, repair some items that are damaged, in one instance, a client of mine was asked to install a new furnace before the sale. These are all costs that you will not recover from the sale of the home. You Might Still Owe the Bank After a Short Sale!(2) You may still be obligated on the debt: when the lender agrees to a short sale, the lender is only agreeing to ‘release’ their lien on the property for less than what they are owed. It is very likely that the lender will ask you, the seller, to sign an unsecured note for the difference owed between what was received in the short sale v. what the value of the original promissory note was. This can leave you without a home and owing thousands of dollars to the mortgage lenders! This is particularly egregious because in many states, the first mortgage is considered to be a non-recourse mortgage. This means that when the home is foreclosed on, the senior mortgage lender does not have the right to come after the homeowner for any deficiency balance. This is the case in Washington State. Second mortgages do have a right to sue for any deficiency they may have in a foreclosure in Washington State. However, if you do a short sale, the mortgage company can essentially contract around this ‘non-recourse’ provision and make you liable for the money they didn’t recover from the sale. This is a terrible position to be in! Short Sales Bring With Them Tax Liability for Debt Forgiveness(3) You may owe taxes on the amount of forgiven debt from the short sale: although there is some recent federal law that may remove your tax obligations from a short sale, you should be cautious that the amount of the forgiven loan is not reported by your mortgage company as income to you. This would take place in the form of a 1099 tax form and you could be liable for taxes after the home has sold at short sale. Consult with a tax attorney in your jurisdiction to learn more about this. Short Sales are Only Slightly Better on Your Credit than Foreclosure(4) On your credit report, a short sale doesn’t look much better than a foreclosure. Both are big marks against you in the credit world. While a foreclosure looks slightly worse, with the time and effort you have to put in to keep you home in sale ready condition, the potential pitfalls of owing the balance of the mortgage anyway after the short sale, as well as the potential tax consequences, it might be worth it to simply let the home go into foreclosure and walk away. I spend a lot of time counseling debtors away from short sales. In the final analysis, they are the ones doing all the work and getting none of the benefit. It is easier to simply let the home go into foreclosure, file bankruptcy to deal with the debt and start over again from scratch. When your back is against the wall, sometimes you have to be able to see the forest through the trees. A short sale is not always what you real estate agent advertises it to be. Free Initial Consultation with a Real Estate LawyerWhen you are faced with foreclosure, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Equal Rights for Fathers and Mothers from http://www.ascentlawfirm.com/is-a-foreclosure-better-or-a-short-sale/ Employment contracts provide crucial structure for businesses and their employees. Before accepting an employment agreement, it’s important for employees to understand their rights. It is equally important for businesses to be well-versed in current employment legislation, in order to avoid costly and stressful legal disputes down the line. Here is an overview of three crucial employment laws that every individual and business should understand. EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA)As evidenced by the fallout of the 2008 financial crisis, it is critical that workers’ hard-earned benefits are properly invested and adequately protected. ERISA is a set of legislative measures that applies to private employers, and covers pension plans as well as healthcare benefits. Under ERISA, employers are required to adhere to several standards, including:
For employees, it’s critical to understand the differences between the pension plans that your employer offers. Not all plans are the same, and the plan you accept can play a major role in your retirement security. The two primary types of pension plans are defined-benefit and defined-contribution. Defined-benefit plans guarantee that employees will receive a specific amount of pension funds when they retire. Since paying into your pension fund entails specific investments, however, defined-contribution plans can vary based on how the investment itself performs. In cases where employers offer defined-contribution plans, exercise special care in selecting your investment portfolio. FAIR LABOR STANDARDS ACT (FLSA)Private employers have some flexibility in setting wages, but there are certain parameters that have to be followed. The FLSA determines the national minimum wage, with a variety of adjustments based on the industry and job function in question. One of the legal challenges with the FLSA is that, as a federal law, the minimum wage it sets may differ from state laws. In those cases, employees are entitled to earn the higher minimum wage. For example, the federal minimum wage is currently $7.25 per hour. If you live in New York State, however, the state minimum is $9 per hour for most industries. By 2018, the state minimum wage will be $15. That means that private employers in applicable industries will have to pay a minimum of $15 per hour, even if the federal minimum wage remains at $7.25 per hour. The FLSA also covers overtime pay, a critical issue that many employers unfortunately overlook in order to cut costs. Overtime regulations apply to all “covered nonexempt employees”; exemption is determined by several factors including:
The FLSA requires that any nonexempt employee who works over 40 hours each week is paid at least their usual wage plus one half of that rate (commonly referred to as “time-and-a-half.”) Remember also that when calculating eligibility for overtime pay, your employer is not allowed to average time worked over a two-week pay cycle. The rules apply to each individual workweek, regardless of when during the workweek those hours occurred. WORKERS’ COMPENSATIONWorkers’ Compensation laws differ in each state, but they are based on the same general principles nationwide. This type of legislation protects employees in the event that they because injured or ill at their place of employment, due to the functions of their job. Businesses who meet certain criteria are therefore required to pay into workers’ compensation insurance. Employees do not have to pay any contribution to this insurance and should never be asked to do so. Workers compensation coverage reduces legal risk and liability for employers, so paying into it can provide significant protective benefits. In most cases, workers compensation coverage does not cover situations for an employee intentionally became injured on the job or engaged in negligent behavior such as substance abuse, which led to an on-site injury. Another standard exception is when an employer’s egregious negligence has led to significant harm to the employee. For example, if a business knowingly exposes its employees to illegal toxic chemicals, employees who develop illnesses as a result can still reasonably pursue a lawsuit. Businesses and employees should always check their state’s Workers’ Compensation laws to determine which exceptions could apply to their circumstances. KNOW YOUR RIGHTS; AVOID BEING IN THE WRONGThese employment laws, in addition to the many others that have been enacted, are there to protect both employers and their employees. Legislation differs by state and varies significantly based on industry and job function. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Imputing Income for Divorce in Utah Equal Rights for Fathers and Mothers from http://www.ascentlawfirm.com/laws-businesses-need-to-know/ I live in the United States of America, and I’ve been a Child Custody Lawyer for long, long time, and I believe most people would agree is a country in which the equality of men and women is the greatest on earth. The U.S.A. works vigilantly to ensure that men and women are not treated unfairly under the law because of their sex and/or gender. Equality Problems for Moms and DadsOne of which is the treatment of parents in child custody disputes. Everyone knows as a de facto matter that women/mothers are generally favored over men/fathers in matters of child custody awards. The reasons why can be explained briefly by this excerpt from Wikipedia on the “tender years doctrine”: Historically, English family law gave custody of the children to the father after a divorce because the father is able to provide the child. Until the 19th century, the women had few individual rights and obligations, most being derived through their fathers or husbands. In the early nineteenth century, Caroline Norton, a prominent social reformer author, journalist, and society beauty, began to campaign for the right of women to have custody of their children. Norton, who had undergone a divorce and been deprived of her children, worked with politicians and eventually was able to convince the British Parliament to enact legislation to protect mothers’ rights, with the Custody of Infants Act 1839, which gave some discretion to the judge in a child custody case and established a presumption of maternal custody for children under the age of seven years maintaining the responsibility from financial support to their husbands.[1] In 1873 the Parliament extended the presumption of maternal custody until a child reached sixteen.[2] The doctrine spread in many states of the world because of the British Empire. By the end of the 20th century, the doctrine was abolished in most of the United States and Europe. Equal Rights In United StatesTender years doctrine was also frequently used in the 20th century being gradually replaced towards the end of the century, in the legislation of most states, by the “best interests of the child” doctrine of custody.[3] Furthermore, several courts have held that the tender years doctrine violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution.[4] Even though it is said that the tender years doctrine was ostensibly abrogated in most of the U.S.A., it really hasn’t been. Culturally, the pervasive belief goes something like, “Let’s face it, everyone knows that women are generally better parents than men, so it’s a safe bet that awarding custody of the kids to mom is a safe bet.” And, frankly, there is some truth underlying this belief. Women carry their children for 9 months and develop a bond with their children in the course of pregnancy and birth. Only women can nurse. Women constitute the overwhelming number of personal care providers for a couple’s children, particularly their very young children. In the animal kingdom the “mama bear” is a real thing. But a problem arises when courts approach a child custody award with an unfounded presumption that women are better parents than men and then “determine” that the mother is the better parent primarily based upon that presumption. That’s bias. That’s sexual discrimination, pure and simple. I don’t have rigorously up to date data, but while equal custody awards are on the upswing, the estimates are that in the U.S. mothers are awarded primary custody at least 70% of the time, fathers receive primary custody slightly more than 10% of the time, and equal custody is awarded less than 10% of the time. If this is the way the courts treat men and women in the U.S.A., I must hypothesize that countries that care less about preventing sexual discrimination favor one sex over the other even more when it comes to making child custody awards. Divorce and CustodyBecause divorce almost invariably changes the nature of both parents’ parental roles. Where the husband/father has (usually) been, previous to divorce, the primary breadwinner, both parents will find themselves working, and usually working full-time for their individual support. The mothers end up taking on more breadwinner responsibilities. This and other consequences of divorce compel the fathers to take on more personal child caretaking responsibilities. Regardless, the idea that “children are better off in the care of the mother than the father” is a notion that is hardly settled by hard data. Children don’t want one of their parents to be relegated to second-class status. Where two loving and fit parents go through divorce and both are ready, willing, and able to exercise joint custody of their children, it appears to me painfully and rationally obvious that the best “parent” [singular] is both parents. Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need help with a child support issue, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Disposing Property After Divorce Are Prenuptial Agreements a Good Idea? Things a Divorce Lawyer Can’t Fix from http://www.ascentlawfirm.com/equal-rights-for-fathers-and-mothers/ Sometimes as a woman gets older, she may find that her life has taken a different course than she had planned and she is unprepared for retirement. Only one-third of women think they are well prepared for retirement — and often they are not as well prepared as men. Let’s examine some of the reasons why and look at what you can do to prepare for a safe and healthy retirement. On Average, Women Make Less MoneyAlthough women today make up 46.8% of the labor force, their incomes and assets often lag behind those of men. While women’s income is slowly inching upward, nationally they still make about 80 cents for every dollar a man earns. In Utah, for example, a woman who works full time makes a median income of $43,335, compared with a median income of $50,562 for a man — a difference of about $7,200 per year. Latina and black women are much further behind. According to a Census Bureau analysis by the National Partnership for Women and Families, women in Utah lose $78.6 billion per year, money they would have made had they only been male. Though there are many factors that contribute to this pay gap, discrimination is certainly one of them, according to a number of studies including a Bloomberg analysis of 12,000 MBAs, which found that the women surveyed were making 20% less than the men they had graduated with eight years before. Women Live LongerNot only do women earn less, but they tend to live longer, creating a perfect storm for retirement. On average, women live five years longer than men in the United States. The average life expectancy of women is 81, while it is 76 for men. That means women need to make retirement funds and assets stretch longer and should begin investing earlier. Women are More Likely to Be CaregiversMore women than men drop out of the workforce at least for awhile to take care of children, invalid spouses, or elderly parents. They are not earning during that time period or contributing to Social Security. So when retirement rolls around, if they find themselves single, widowed, or divorced, their financial situations in retirement may be much worse than that of most men. They may have little savings, and they may not have health insurance. A study at the Center for Talent Innovation found that when women stay out of the workforce three years or longer, they may reduce their earning power by 46% on average. Retirement Planning Tips for WomenWith the combination of reduced earning power when women become caregivers, living longer than men, and the long-standing pay gap, women need to do more to prepare for retirement than men. That said, here are 10 retirement planning tips for women. Take control of your budget.To have enough money now and in the future, you need to know where it’s going. Know your expenses and income, and then you can make a plan. You may decide to cut some expenses or change your lifestyle in order to reach retirement goals. If there’s still time, consider your life choices.Women may face pay discrimination even in high-paying fields, but many women also tend to choose fields that do not pay well. If you are still young and choosing a career, consider the long-term prospects of the field you are considering entering. Also, if you quit work or go part-time in order to take care of children or aging parents, remember you can’t always count on having a husband to help support you in retirement. Divorce and death can completely upset the best-laid plans. Ask for what you’re worth.Studies show that many women ask for lesser salaries and raises than men do. One study by Hired, a recruitment website, found that nationally, women ask for $14,000 per year less on average than men do for marketing, sales, and technology jobs. In Los Angeles, they ask for $10,000 less. So ask for what you are worth. Don’t be shy. Nobody is going to look out for you but you. Play tough in divorce negotiations.Women may expect to have a husband to help with expenses in their retirement years when they make decisions to drop out of the workforce to care for children or others, but today, about twice as many women are divorced than 20 years ago. Sometimes when women divorce, they may agree to terms just to get it over with, or they may hesitate to ask for what they really need. But you must take what rightfully belongs to you and be justly compensated for your contribution to the marriage. When you are discussing spousal maintenance and property division with your attorney, don’t forget to discuss your husband’s retirement assets, such as pension and retirement plans. Be smart about Social Security.If are widowed, you will only receive one Social Security payment based on your work history or that of your deceased partner’s. You can get the higher of the two. Acquaint yourself with the details of Social Security before applying. Save wisely in retirement accounts.If your employer will match what you put into a retirement account up to a certain cap, take advantage of that and put in at least what your employer will match. If you’re over 50, you are allowed to make additional retirement contributions, and you should. Prioritize your retirement savings.It’s easy to put everyone else ahead of you. But don’t steal from the money you should be saving for retirement to put your kids through college or fix up the house. A recent survey by Country Insurance & Financial Services showed that while 49% of mothers chose college over retirement as a priority, only 39% of fathers did. Put your retirement savings first. Be the primary beneficiary on your husband’s retirement accounts.Check today to be sure you are the primary beneficiary on your husband’s retirement accounts, rather than some other family member or an ex-wife. This is extremely important because beneficiaries on retirement accounts take precedence over those named in a will. Look out for yourself.We mentioned this already, but it bears repeating. Be in charge of your own retirement. Don’t put your future into the hands of anyone else, including your partner or children. Discuss your financial options with an advisor or attorney.These are just a few of the things you can do to prepare for retirement, but perhaps you have a lot of medical or credit card debt to wade through before you can even think of retiring. Bankruptcy may be able to help. Most, if not all, of your retirement plans would be protected while filing for bankruptcy, in addition to your home, car, and more. Free Initial Consultation with a Utah LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Disposing Property After Divorce Are Prenuptial Agreements a Good Idea? from http://www.ascentlawfirm.com/retirement-planning-for-women/ The law that governs prenuptial agreements (known as “premarital agreements” in Utah) is found in the Utah Code in Title 30, Chapter 8. We will answer most questions about premarital agreements by referring to the applicable sections of the Utah Code and some Utah case law on the subject. Should I get a Prenup?In answering this question, as a prenup lawyer, I could give you the generic opinions that you can find in dozens of other blog postings and articles online or in the library, so I will leave you to the web or the library to find those. As to my personal opinion: For most people (especially young people marrying for the first (and hopefully the only) time, I don’t feel that prenuptial agreements are a good idea. The very fact that the question (of whether prenuptial agreements are a good idea) is asked implies that people have their doubts. Briefly, prenuptial agreements often make sense for people entering into another marriage after divorce or after the death of a spouse. Prenuptial agreements in these situations can help prevent friction between the couple over ownership of property you worked hard with your previous spouse to obtain and that you may feel the new spouse ought not claim or share an interest. By the same token, prenuptial agreements help previously wed couples protect their children’s inheritance from the “evil step parent.” Prenuptial agreements can also make sense for people of extraordinary financial means to protect them from “gold diggers” too. Otherwise, however, I think prenuptial agreements start a marriage off on the wrong foot. Prenup LawyerLet me give you an imperfect analogy to explain why I’m against prenuptial agreements generally, especially for first-time marriages by the relatively young and poor: You commit to training for and running a marathon, but just in case you decide not to finish training or finish the race itself, you enter into a “pre-marathon agreement,” which provides that in the event you do not finish, you are paid half of your hourly wage you would have otherwise earned if you had chosen to work at your job instead of train and two weeks’ vacation. How likely are you to finish when you have not just a safety net, but an escape hatch? How likely are you to stay committed to your training regimen? How easy will it be for you to “realize” that you really didn’t want to finish a marathon in the first place, or that the rewards of training for and completing a marathon don’t justify the personal sacrifices required of you? “But wait,” you may say, “what if through no fault of my own I can’t finish the training or the marathon?” What if a car hits you during a training run? What if you get dehydrated and can’t finish? Friend, finishing the race is important, but it isn’t the point. It never was. In life there are no guarantees. Training for the marathon is about conquering yourself (not coddling yourself), and in conquering yourself, you know yourself and your purpose more fully, deeply, and accurately. Knowing the truth about yourself, your unique talents and limitations, you better equipped and more willing to bring out the best in yourself. “Bring out the best” denotes that you must give of everything—your time, your money, your property, your attention, your labor, your comfort, your convenience, your body and soul. Marriage is not simply a question of “what’s in it for me?” Marriage is bigger than you, it’s bigger than your spouse. It’s even more important than the both of you combined. Don’t get a prenup to avoid the demands of divorce. As my mother told me, it’s the people who do nothing who never fail. Burn your ships and turn your back on the single life when you marry. Commit to your spouse and to your marriage and their success. Success is meaningless without the risk of loss, of pain, of sacrifice, of failure. Success lies in transcending risk, pain, and sacrifice. I know that the following thought comes from Jewish philosophy, but as I was writing this I could not find the reference, so I apologize for that, but I still wish to share it with you because it encapsulates both the value of marriage and why a prenuptial agreement in most cases (you’ll note that I did not state “in all cases”—there are times when a prenuptial agreement makes good sense): Marriage is a lifetime commitment to provide constantly to your spouse emotional intimacy, thereby uncovering your true self and, ultimately, your unique purpose for being created. Free Consultation with Prenup AttorneyIf you have a question about getting a prenup or family law in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Disposing Property After Divorce Things a Divorce Lawyer Can’t Fix Utah Foreclosure Process Explained Going Public with Your Startup in Utah from http://www.ascentlawfirm.com/are-prenuptial-agreements-a-good-idea/ OK, here’s the deal with bankruptcy and foreclosure. Despite what you may have heard, filing for bankruptcy does not necessarily permanently stop a lender from foreclosing on your home. Filing for bankruptcy will always temporarily stop the bank foreclosing on your home. This is true regardless of which chapter you file under. I can tell you this because I’m a bankruptcy lawyer, that filing for bankruptcy can put a permanent stop to foreclosure, but that often hinges on your ability to pay the mortgage. This post will give a basic consumer’s overview of bankruptcy and foreclosure. If you are thinking of filing for bankruptcy or dealing with foreclosure, you should always consult with an experienced bankruptcy attorney to see how bankruptcy may be able to help you get out of debt and back on your feet. How long does bankruptcy stop foreclosure?Bankruptcy and foreclosure are often linked because bankruptcy is somewhat famous as a foreclosure stopper. How long does bankruptcy prevent foreclosure? That will depend on whether you file for Chapter 7 or Chapter 13 bankruptcy, whether you are able to maintain normal monthly mortgage payments, and how aggressive your lender chooses to be in pursuing the foreclosure sale. Let’s begin with the difference between Chapter 7 and Chapter 13 bankruptcy when it comes to foreclosure. Chapter 7 Bankruptcy and Foreclosure: How it WorksChapter 7 bankruptcy is a faster process than Chapter 13 bankruptcy. Most Chapter 7 cases are open and shut within a six-month window. When you file bankruptcy (7 or 13), a court-ordered injunction, known as the automatic stay, prevents the bank from foreclosing on your home. This is true even if you file bankruptcy the day before the foreclosure sale is set to take place. That’s the good news. Now, on to the not-so-good news. Even after a bankruptcy case has commenced and the almighty stay is in place, lenders can file what is known as a motion for relief from stay. The motion for relief allows them to continue with the foreclosure process even while your bankruptcy case is live. Your Mortgage Lender May Gain the Right to ForecloseIf you enter bankruptcy behind on the mortgage, there’s a good chance that your lender will file a motion for relief from stay and will be given the right to continue with the foreclosure. However, even lenders who have successfully lifted the protection of the automatic stay are not always motivated to immediately resume with foreclosure. In fact, one of the biggest problems that consumers in bankruptcy are facing right now is lenders who are unwilling to foreclose on collateral. Until your name is officially removed from the deed to your home, either through foreclosure or by surrendering it in bankruptcy, you are responsible for insurance, homeowners association dues, etc. There is a tremendous backlog of foreclosures in this country and, depending on your location, your lender may not have the resources to foreclose on your home for quite some time. It is possible that a Chapter 7 bankruptcy could disrupt the foreclosure process for a year or more. It is possible that it will only disrupt it for a couple months. The point to take away is this: filing bankruptcy will temporarily stop foreclosure BUT lenders have a workaround. They can file the motion for relief from stay to get your home. Whether they choose to do this is entirely up to them. Chapter 13 Bankruptcy and Foreclosure: How it WorksUnlike its faster cousin Chapter 7, Chapter 13 bankruptcy lasts for a period of between three to five years. During this time, you pay back a percentage of the debts you owe to your unsecured creditors. If you file Chapter 13 bankruptcy with income that is below the median for a family of your size in your state, your Chapter 13 payment plan will be for three years. If you are like most debtors and file with income that is above the median in their state, your Chapter 13 payment plan will be for a period of five years. The automatic stay will prevent foreclosure for the length of the payment plan, either three or five years, as long as you maintain normal monthly mortgage payments during the life of the plan. A little background: Many debtors enter Chapter 13 bankruptcy because they are hopelessly behind on their mortgage. The bank is demanding a lump-sum payment, or series of lump-sum payments to get caught up on a past-due mortgage. Many families simply do not have the means to comply. In order to stop foreclosure, they file for Chapter 13 because it allows for them to pay back the past-due mortgage balance over the life of the Chapter 13 plan. The amounts that are past due are broken up into small increments and added to the normal monthly mortgage payment, making the process of getting caught up far more manageable. While this is a significant benefit for consumers, it is crucially important to understand that whether you file Chapter 7 or Chapter 13 bankruptcy, you do not get a free house. If you fall behind on your mortgage payments, the bank will have the right to foreclose on your home once they are successful in gaining relief from the automatic stay. If you can afford payments in a timely fashion, the bank can’t foreclose for the entire three- to five-year period or any other time in the future. By handling your past-due payments through a Chapter 13 plan, you have the opportunity to permanently stop the foreclosure. Do I need to file bankruptcy because of foreclosure?Foreclosure is a scary process. Most people are not used to receiving official documents in the mail from scary authority figures. When they do, they tend to panic, and understandably so. However, before you go rushing off and file for bankruptcy to prevent foreclosure, take a hard look at the condition of your finances as well as your state’s deficiency laws. Many states, such as Arizona, have anti-deficiency laws on the books, which prevent lenders from suing borrowers on the note after a foreclosure sale. You may have an emotional attachment to your home and because of that, you probably want to keep it, but if you can’t afford to maintain it, filing for bankruptcy won’t make things all that much better. Sure, it may buy you some time, and depending on your circumstances this could be valuable, but make absolutely sure it is before you throw yourself into the federal court system head-first. Free Consultation with Bankruptcy LawyerIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Things a Divorce Lawyer Can’t Fix Reasons Parents Lose Custody of Their Children Divorce Can Make Good People Bad from http://www.ascentlawfirm.com/bankruptcy-and-foreclosure/ As divorce attorneys, we get questions on a regular basis. Here’s one and our answer -- QUESTION: The judge finalized the case. My father is to give my mother 2 years of alimony and half of his life insurance. The judge didn’t even consider the property as an asset in the case. That leaves me as the sole owner of the family property. I do not want anything to do with this as I don’t want my parents to think I am picking sides. I believe I should sell the property or split 50/50 and if my mom wants to keep the property she can get a loan so she pays the second half of it. My mother and brother still live in this property. What should I do? The property was put under my name by my mother a couple days before my father filed for divorce, without my consent.” ANSWER: Your mother could be (and in my opinion should be) in a lot of trouble, both in the divorce action and potentially as a matter of criminal wrongdoing. Go see a good divorce lawyer in your jurisdiction, now. You could get in a lot of trouble yourself if you don’t handle this properly. If I were you, I:
On a related note, for other circumstances different from yours, but that may come up in other divorce actions: If you are the owner of the property that means you have legal claim to it and that it’s not your parents’ property now, even if it had been in the past before one or both of them apparently gave it to you. You don’t “own” your parents’ marital property simply because, for example, it’s in your garage. That would be “possession,” but not ownership. If you have a bunch of your parents’ stuff (called “personal property”—things you can move around, things that aren’t land) because they dumped it on you and neither of them is asking for it back, you may want to simply write them each a letter (check with a good lawyer in your area to see if this is legal) saying, “Mom, Dad, I have all your *fill in the blank* in my garage. I don’t want it. If you don’t come and get it in 45 days, I will either sell it or donate it to Goodwill,” that may solve your problem. If by “the property” you mean a house or land (or a house and land), and if your father transferred title to you to prevent your mother from getting a portion of the property, then perhaps your mother doesn’t care if the house is in your name because she’s glad you have it, and that could explain why she didn’t fight over title to the property in the divorce. If your mother did not know your father obtained a house during the marriage, then that would explain why she didn’t fight over title to the property in the divorce. If she later learns he hid assets from her, she could sue you and your father in an effort to establish and recover a marital share in the property. Free Consultation with Lawyer on Divorce in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Things a Divorce Lawyer Can’t Fix Divorce vs. Legal Separation in Utah How to get a Divorce when you are Struggling Financially from http://www.ascentlawfirm.com/disposing-property-after-divorce/ Because I am a divorce lawyer, I’m often asked about whether some should get a divorce or not. That is a very personal decision. You need to make sure you know what you’re doing before you make a decision you can’t undo. Are you feeling frustrated, unsatisfied, and even turned off by your spouse? Your expectations about how things “should be” feel shattered, communication sucks, and “fixing things” feels dumped squarely on your shoulders. You’re bored in your relationship, wondering why you ever married this person. Thoughts of leaving and finding a new, entirely different relationship fill your mind and feel so exciting. Yes, divorce will give you the ability to end this marriage and start a new relationship. But, before you make a choice you can’t undo, make sure you know the 5 things divorce will not save you from: Developing healthy communication skills.Communicating well with another person isn’t easy. It requires presence. Truly paying attention to the other person and hearing (on a heart level) what they are really saying. It involves reading between the lines, stepping into their world and understanding why they see things the way they do. Recognizing how your perspectives differ and working to improve effective communication skills so that mutual trust and connection doesn’t erode. Run all you want from this relationship, but your old communication habits will likely follow you into your next relationship—unless you make a conscious decision to build new and better habits of expressing yourself and listening to others. The martyr complex.“Everything is always up to me.” This is one of the complaints that keeps recurring in your story. You feel taken advantage of and have probably felt this way in other relationships—at work, in your extended family, in community organizations, in child-related activities. Is it really that way? Maybe. But don’t you control your own choices? Including whether or not you say “no” and honor your own needs and boundaries? Unless you make an effort to change that story (and that behavior) all future relationships will play out the same way. And, divorce will only ingrain that feeling deeper. That Feeling of being overwhelmed.Divorce doesn’t make anything easier. It actually requires that you take on more roles—roles you used to divide up in your household. Even if your spouse hired someone to do the tasks they were responsible for, they took the responsibility for getting it done or paid someone to do it for them. You won’t be able to complain about the other person not doing their job because now everything is entirely up to you—from generating the household income to organizing your children’s school and social schedules, in addition to taking care of the household basics of food, shelter, and basic safety needs. Getting bored in the relationship.When we look at our partners as objects—like vehicles who exist soley to meet our needs, or as obstacles to what we want—we don’t really see them as human beings with wants and needs of their own. How do you feel when someone uses you for their own ends and pays no attention to you until they want something? After the honeymoon wears off and you settle into a routine, it’s easy to see the other person as you believe they are. Think they are boring, lifeless, with no interests? They will be. You choose not to see them any other way. Being treated like that by you then makes them push away from you, and so the cycle of negative interactions goes. Recognize and own the impact you have on how your partner treats you based on how you perceive them. You’ve taught them to treat you exactly as they do by your reactions, attitudes, and behavior. And you’ll do the same in your next relationship, as well. Being unhappy.Many people see “freeing” themselves from their current relationship as the answer. Yet, divorce rates are much higher for second and third marriages for a number of reasons. Mainly, because you bring the same habits to the new marriage that made you unhappy in the first marriage. You thought that changing your partner would change the outcome, and now you’re disappointed again. New partner, same pattern. Same unhappiness. Because it turns out, you contributed to the demise of your relationship (the one you’re in, and any in the future) beyond the often expressed fear that you just can’t make good choices. Slow down, take time and reflect on what you must learn about yourself in this relationship. Identify how that plays out with your current partner and in your other relationships, and then focus on building more productive habits. Those habits start with the raw material of “you” and how you relate to yourself—loving your strengths and acknowledging your shortcomings—and allowing you to be you and your partner to be who they are. Listen, divorce may very well be the right answer, but before you jump ship, take time to look in the mirror and see whether any of these 5 things might be worth paying a little attention to: Having more realistic expectations about the work required for a relationship to meet the expectations of both parties. Improving your ability to fully communicate, taking interest in what your partner says and why they are saying it. Shifting your story of how things are, especially when you complain about your partner and relationship over and over. Treating others as human beings instead of objects who owe you something, so that real connection occurs. Being responsible for your own happiness. Ask trusted friends or a personal coach for feedback and really sit with and internalize what you learn. Let their feedback help you define some small tweaks that you need to make before you think of moving on to the next chapter or a new relationship. Love yourself enough to prioritize learning skills that build a better relationship, whether you stay in this one or move on. Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Dissenters Rights in a Business Divorce Divorce Lawyer in Salt Lake City Utah If you agreed to bad terms in your divorce settlement, you will get screwed. Utah Lawyer Fighting Government Corruption Michael R. Anderson, Utah Divorce Lawyer from http://www.ascentlawfirm.com/things-a-divorce-lawyer-cant-fix/ |
ABOUT USChild custodyLawyer in UT. If you need child custodylawyer, child custody, adoptionor family law attorney who does child custody, father’s rights, divorces andbankruptcy – both chapter 7 bankruptcy and chapter 13 bankruptcy law that cares about you, your family, your case, and is aggressive, call 801-676-5506now for afree consultation. Child custodyin Utah can be tough, so you need a smart child custodylawyer who can help you today. Call 801-676-5506 for the top child custodyattorney in Utah now. Archives
November 2020
Categories |