Category: Child Support

Uncontested divorce

Uncontested divorce is the quick and least cost method when obtaining a divorce. This tends to be the least stressful as well. In most cases, if the divorce is amicable, undisputed and easily resolved, uncontested divorce is the route to go. The paperwork required however is still not easy. Contacting a No-fault divorce lawyer Salt Lake City or a Divorce lawyer Ogden Ut would help you make a great choice in alleviating the filing of the paperwork. Divorce Attorney Ogden Ut will be able to get accurate and necessary information to fill out the mountain of paperwork necessary to file your Uncontested Divorce in Utah.  At times it may be necessary to have Divorce Mediation Ogden Utah with your Divorce Lawyers in Ogden Utah.  Some of our Client find it necessary to Custody Lawyers in Ogden Utah to have a great Divorce Attorney Davis County on your side.

Uncontested Divorce means that the terms of the actual divorce are not disputed between the parties. This could be for many reasons. If there are children involved, you will still be required to have a 90 day waiting period to have your divorce finalized. It is also a requirement to have taken the divorce education class. The curriculum is based to provide appropriate boundaries during and after the divorce in an effort to create a smoother transition for both you and your children.

An uncontested divorce fee will be standard for filing the divorce. Individualized attention will be given to make sure that you understand all of your rights in the divorce proceedings and to help you make the best decision as a couple moving forward individually. When uncontested divorces are filed it is important to remember that it can take at least 4 months to be prepared, filed, waited and decreed. During this time some couples will begin to dispute the items in the divorce and start re-negotiating terms with the Divorce Lawyers in Ogden UT. Therefore, it is important to attempt to make the best efforts to make the best plans from the beginning to save time and money. Many families underestimate the cost of living in separate homes, outstanding debts and income concerns as well as child support implementation. Therefore, so recommend having a legal separation for a period of time to adjust financially and really work through what needs to happen in the decree before filing for divorce.

Issues that often arise in divorce could be: Insurance coverage, financial obligations, possession allocations, future money from sales or retirement, current bank assets, life insurance, living arrangements, new home and vehicle purchases. While this is not a complete list one can see that divorce is literally sectioning out the life you have lived for the past several years and starting over. It’s a big commitment. While it takes 30 minutes to get married it can take months or years to be divorced.

 

 

A Child Guide To Utah Divorce

Parenting During Divorce

Parenting During Divorce

After a divorce, often times one can find  it  difficult to be the person that you once were. You are reminded when even the simplest of tasks begins to wear on you. Especially when you are now supporting yourself and your children on your own on a daily basis. Utah divorce lawyer You may have financial support but the absence of a second parent in the home rings clear and you are reminded of the help the other offered or aided in. In an article from the Huffington post one mother describes different parenting groups that many women fall into after divorce. The title of this article is Post Divorce Parenting: How to be a Smarter Mom, Not a Martyr Mom. Divorce attorney salt lake city

When if comes to managing schedules and filling time it is difficult to do the things you once did effortlessly and sometimes the guilt overrides rational decisions. With the rise in divorce rates and the blending of families many are opting for helicopter parenting to ensure their children are not falling through the cracks. Attorneys in salt lake city

There are varying emotional stages during and after the divorce that many do not understand or acknowledge. The frustration you are feeling at the beginning my begin to subside the farther along you are in the journey. Divorce attorneys in salt lake city

Here are Some Tips to stay calm and reserved during your divorce could include:

Parenting During Divorce

*Having a great social network Meetup.com -this is not a dating site. it is a place to find activites with other people with similar interests like hiking, biking, dancing, cooking. Family law attorney salt lake city

*Working out at home or the gym  

*Finding hobbies or refreshing old ones that you once loved

*Making goals for yourself

*Counseling and Life Coaching

*Meditation, Yoga, Pilates

*Playdate groups

 

An Ogden Family Law Attorney or an American Fork Family Law Attorney would be happy to help you with resources on how to win at parenting after divorce. Salt lake city divorce

Parenting During Divorce

What are Child Custody Laws in Utah?

What are Child Custody Laws in Utah?

According to Utah Code 30-3-10, the court may award any form of child custody determined to be in the best interest of the child.

Utah child custody laws aim to protect the best interest of the child.

The courts encourage divorcing parents to cooperate about the plans concerning child rearing after divorce. Divorcing parents are strongly encouraged to come to an agreement outside court outlining how they plan to raise their child after divorce. When parents are unable to come to terms and a dispute arises, the court settles issues on child custody, support, and visitation rights.

Physical Custody and Legal Custody

Under Utah custody laws, physical custody means the child stays at that parent’s house for 30 percent or more of the year. This provision makes joint physical custody possible. Under Utah law, legal custody refers to the parent’s duties, privileges, rights and powers of authority over the minor children. A Utah court has the authority to award joint legal custody or joint physical custody, or the court may allocate these rights to each parent.

What are Child Custody Laws in Utah?

When deciding custody the court considers:

  • the child’s wishes or preferences as to custody, provided that he or she is mature enough to make such claims, which is considered at 12 or older;
  • the child’s emotional, physical, and psychological needs;
  • the parents’ wishes or preferences as to custody;
  • the parents’ geographical proximity as it affects future availability;
  • the parents’ ability to cooperate, past or present, with each other in making decisions for their child;
  • the parents’ willingness and ability to foster and encourage a constructive relationship between the child and the other parent.
  • the parents’ past conduct as well as moral standards;
  • which parent is likely to respond to the best interests of the child;
  • which parent is likely to permit regular and continuing contact between the child and the other parent;
  • the parents who participated in child rearing before filing for custody;
  • any history of domestic violence, child abuse, negligence, or substance abuse; and
  • Any other factors that the court finds relevant and directly affects the child’s best interests such as the nature of the parent-child relationship.

Joint Child Custody in Utah

Utah courts prefer to award divorced parents joint custody of their child. The courts evaluate whether the child will have his emotional and physical needs met in a joint arrangement. Both parents must demonstrate that they can make the child’s well being their top priority, and that they will work together to make decisions that serve the child’s best interest. It is also likely that joint child custody will be awarded in Utah if both parents were actively involved in raising the child before the divorce.

The court in Utah will always consider joint physical or legal custody if both parties have completed a parenting plan and if joint custody serves the best interests of the child. In deciding for joint custody, the court considers:

  • the geographical proximity between the parents;
  • each parent’s ability to place the needs of the child first in reaching appropriate decisions;
  • whether both parents have always participated in the child’s upbringing
  • the child’s wishes, if the child is of an age to express a reasonable preference (generally age 12 or older);
  • any history of child abuse, spousal abuse or kidnapping;
  • each parent’s maturity and ability to avoid conflict for the sake of the child;
  • the parents’ ability to cooperate with one another; and
  • any other factors deemed relevant by the court.

Parental Conduct

In addition to finding a parent unfit because of substance abuse or abuse or neglect towards a child, the courts also consider the conduct of both parents during the course of the marriage, and the impact of parental behavior on the child.

For help with your custody battle contact our attorneys today for a free consultation.

What are Child Custody Laws in Utah?

In-Kind Child Support Payments

In-Kind Child Support Payments

One question that comes up every now and then is whether a child support payor is entitled to a credit against their child support and/or alimony obligations for “in-kind” goods and services they have provided to their ex. For example, if instead of writing their ex a $500 check for child support they instead agree to pay their ex’s mortgage, utility bill, or all their children’s medical bills.

The answer depends on whether there is a support order in place yet or not. If there is, you must strictly comply with that order and usually are not entitled to any credit for “in-kind” goods or services you provide. But, if no order is in place, then you may be entitled to a credit for any “in-kind” support you can prove that you provided.

In Knudson v. Utah State Dept. of Social Serv., 660 P.2d 258 (Utah 1983), the Utah Supreme Court held that a divorced father was entitled to a credit against child support for voluntarily paying his ex’s wife mortgage payment during the pendency of their divorce. There was no child support in place at the time. The Court explained that:

In-Kind Child Support Payments

“Obligors commonly fulfill their support obligations by a variety of means, including services or commodities in kind. While it may be administratively difficult to ascertain the value of such support in some cases, as the Department argues, we think reality and fairness and even sound administration demand it. As concerns the Public Support of Children Act, the Department of Social Services should shape its administration to measure the reality of parental support, rather than attempt to reshape reality to serve its administration. The measure of the obligor’s credit should be the value of what he has furnished. … Because the admitted value of the housing already provided by appellant (over $1,500) is well in excess of the amount of reimbursement ordered by the Department ($729), we resolve this case without remanding for another proceeding by holding as a matter of law that the Department was not entitled to any reimbursement from the appellant.”

Conversely, in Ross v. Ross, 592 P.2d 600, 603-604 (Utah 1979), the Utah Supreme Court rejectedan obligor’s request for a credit for in-kind goods and services he had been providing to his ex. A child support order was already in place at the time. The Court wrote that:

“Plaintiff next contends that from the time of the divorce to the time this action was brought he made certain voluntary expenditures in behalf of defendant and the children and should be given credit for such payments against the alimony and support arrearages. Plaintiff is not entitled, however to credit for expenditures made on behalf of the children or defendant which do not specifically conform to the terms of the decree. To do so would permit plaintiff to vary the terms of the decree and to usurp from defendant the right to determine the manner in which the money should be spent. Only if the defendant has consented to the plaintiff’s voluntary expenditures as an alternative manner of satisfying his alimony and child support obligation, can plaintiff receive credit for such expenditures.”

The distinction between these two cases was whether a child support order was already in place. The Knudson court explained that when no court or administrative order is in place an obligor can seek a credit for in-kind services provided to the support obligee.

Here is an example of when this rule could come in handy. Suppose you have an unmarried couple who have a child together. The parents do not live together, but the father ensures the child never goes without. He always pays the mother’s rent, buys her groceries and diapers, and pays for all the child’s medical and daycare expenses without asking the mother to reimburse him a penny. Then, one day the parents have a falling out and the mother files suit demanding 4-years worth of retroactive child support (which she is entitled to do under Utah law). The “in-kind” contribution rule would be a saving grace to a father under such circumstances provided he could show that he had in fact been supporting his child all along.

In-Kind Child Support Payments

Legal Updates on Child Custody Laws in Utah

Legal Updates on Child Custody Laws in Utah

Child Custody Laws in Utah Have Recently Changed

The Utah legislature has changed the Utah Statutes regarding child custody laws in Utah, creating a presumption of joint legal custody. Joint legal custody means the “sharing of the rights, privileges, duties, and powers of a parent by both parents.” Utah Code Ann § 30-3-10.1.

The Child Custody Laws in Utah Will Affect Parental Rights

The recent statutory changes should positively affect legal custody for many divorced parents by ensuring that they may participate more in important decisions made for their children.  The statutory presumption of joint legal custody will help parents struggling through the divorce process since sharing decisions helps reduce the manipulation that one spouse may use over the other spouse which is often seen in sole legal custody situations.  The changed child custody laws in Utah emphasize the need to create parenting plan as part of the custody case.  Such parenting plans are required for any case involving shared joint legal and physical custody.

Contact a Child Custody Lawyer for More Info

With some of these recent changes, if you have any questions, contact Stevens & Gailey, P.C. for more information.