Family Law Attorney in Utah

Stopping Foreclosure In Utah

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:
 A preforeclosure notice
 Apply for loss mitigation
 Receive certain foreclosure notices
 Get current on the loan and stop the foreclosure sale
 Receive special protections if you’re in the military
 Pay off the loan to prevent a sale
 File for bankruptcy, and
 Get any excess money after a foreclosure sale.

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 Preforeclosure

If 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 Protections

Under 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 Work

A 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 Work

If 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 Law

Much 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 Default

The 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 Sale

If you don’t cure the default, after three months, the trustee will record a notice of sale and:
 Mail a copy to you at least 20 days before the sale (if your deed of trust includes a request for notice, which it probably does)
 Publish notice of the sale in a newspaper, and
 Post notice about the sale on the property at least 20 days before the sale. (Utah Code Ann. § 57-1-26(2)(b), § 57-1-25).

The Foreclosure Sale

At 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:
 Offer you a cash-for-keys deal, or
 Take steps to evict you.

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 Loan

Utah 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 Sale

One 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 Bankruptcy

If 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.

Compromise

If 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 Sale

If 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-Option

Most 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 members

The Service members Civil Relief Act provides legal protections to military personnel who are in danger of foreclosure.

Utah Deficiency Judgment Laws

In 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 :
 Your total debt and the property’s fair market value or
 Your total debt and the foreclosure sale price. (Utah Code Ann. § 57-1-32).

How to Find State Foreclosure Laws

To 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 Help

How 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 Lawyer

It’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

Family Law Attorney In Utah

Utah Bankruptcy

Bankruptcy Lawyer

Bankruptcy In Utah

Estate Planning Lawyer

Divorce Lawyer and Family Law Attorneys

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Stopping Foreclosure In Utah first appeared on Ascent Law, LLC.

from Ascent Law, LLC https://www.ascentlawfirm.com/stopping-foreclosure-in-utah/

Utah Bankruptcy

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
 Your creditors ask the court to declare you bankrupt

Bankruptcy usually takes two forms: Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy

Chapter 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
 You have the ability to repay your debt
 You dismissed a bankruptcy case within the past 180 days
 You previously filed for bankruptcy and the time frame to file another bankruptcy case has not passed
 You attempted to defraud creditors

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 Assets

Chapter 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
 Some forms of tax debt
 Federal tax liens
 Child support
 Alimony or spousal support
 Debts for personal injury or death arising from a motor vehicle accident
 Fines and penalties for violating the law
 Certain tax-advantaged retirement plans
 Cooperative housing fees

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 Discharge

Bankruptcy 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:
 Motor vehicles or a second vehicle
 A second home or vacation home
 Expensive clothing
 Household furniture
 Jewelry
 Tools used in your work
 Musical instruments (unless you can prove you are a professional musician)
 Cash, bank accounts, stocks, bonds, and other investments
 Pensions
 A portion of the equity in your home
 A portion of earned but unpaid wages
 Public benefits that have accumulated in a bank account
 Damages awarded for personal injury
 Family heirlooms

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.
Once the discharge of debt is in place, things are considered final. A creditor cannot sue you, try to take your property, or harass you.

How to Get a Debt Discharge

Filing 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 Bankruptcy

Chapter 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
 You took credit counseling
 You have not dismissed a Chapter 13 case within the past 180 days
 You have not filed for a Chapter 13 within the past two years

Use Reaffirmation to Stop Creditors Taking Your Property

Some 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.
For example, let’s say you keep certain secured property, such as your car. Your creditor may seek to reaffirm the debt with a lien. This “reaffirmation” takes place if you and the creditor agree:
 You will remain liable for this debt
 You will pay back some or all of a debt
 You pay even though the debt would be discharged in bankruptcy

The creditor will not repossess the property as long as you continue to pay the debt
Reaffirmation must occur before the order of discharged debt is entered. If you want to keep a car or other property, you need to discuss this with the creditor early on. Your attorney can handle this for you and try to negotiate a fair payment schedule.

Solving Bankruptcy Problems

Following 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:
 Pay higher credit rates
 Have higher down payments
 Need to produce a co-signer when attempting to secure new credit

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 Bankruptcy

Consult 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
 Debt lawsuits from creditors
 Wage garnishment (creditors taking money from your paycheck)
 Foreclosure (unless the property has already sold)
 Repossession of some property (in Chapter 13)
 Bankruptcy will also:
 Get rid of many debts (in Chapter 7)
 Protect some property from being sold (depending on exemptions in your state)
 Put an end to growing debt and give you a fresh start to turn things around

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
 The impact on your credit report
 Whether you could lose assets (if you file for Chapter 7)
 The differences in the time and expense associated with each form of bankruptcy
 Whether you are eligible for certain forms of bankruptcy
 Whether you can retain specific valuable assets from repossessions (many states have exemptions)

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
 Impact your pension plans or other assets
 Create financial issues for co-signers
 Stop foreclosure
 Feel like a significant invasion of your personal privacy with the bankruptcy court and working with your bankruptcy trustee

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 Situation

When 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
 Trying to negotiate your debt or make a payment plan with your creditor
 Sticking to a budget

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 Score

In 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 Debts

Co-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 Pandemic

Filing 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 Intervene

Under 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.
The following are interesting things to know about filing bankruptcy. The decision to file bankruptcy can be tough so here are things you need to consider or know about before you make that decision:
• Deadlines: Deadlines are critical in bankruptcy court. The rules in bankruptcy are very complex, can be technical, and all case deadlines must be met. Failing to file the appropriate forms or documentation on time may result in your case being dismissed or delayed.
• You need to qualify to file for bankruptcy: Many people who would have qualified for a Chapter 7 discharge before the 2005 changes must now use Chapter 13 instead, which involve repayment of some of your debts. This is determined using the Means Test.
• Repayment Plans: In a Chapter 13 bankruptcy case a repayment plan that must be filed with the court. The court has a process that will determine exactly what income and expenses you have, and then calculate the reasonable expenses and monthly repayment amount for your case. In Utah this plan must be submitted to the court and confirmed.
• DIY Bankruptcy: Representing yourself in bankruptcy can be a huge mistake. The laws and the corresponding rules in bankruptcy can be very confusing, and many common errors could cost you a chance at a new financial start. An experienced attorney can help you determine the right laws to help you, represent you at the hearings and the meetings with creditors, and get most of the time save you money in the end.
• Focused Court: The Bankruptcy Court is a federal court which exclusively deals with bankruptcy cases. These courts are located around the United States, and they only handle bankruptcy cases and matters related to this legal area. You reside in an area that is served by a bankruptcy court.
• You get your own Trustee: The Department of Justice and the Bankruptcy Court in Utah will appoint a trustee in your case. This trustee will be responsible for overseeing your specific case and ensuring that all of the documentation is filed. The trustee is not in favor of either the consumer or creditors, but is an officer of the court instead.
• Get the best attorney: Choosing the right attorney that you can afford to represent you in bankruptcy court is very important and can affect the outcome of your case. You want a lawyer who will aggressively defend you and work hard to overcome any objections that may be presented by your creditors or the trustee. Experience is also very important, so you want an attorney who is very knowledgeable in bankruptcy law and that has been in the game for a long time.
• Your goal is a discharge: Another interesting things to know about filing bankruptcy is that a bankruptcy discharge is an order issued by the bankruptcy court stating which of your debts are forgiven. Usually this will include most unsecured debts that have not been repaid are eliminated in the process unless you have reaffirmed your obligation.
Utah Chapter 7 Bankruptcy or Utah Chapter 13 Bankruptcy
There are several situations where a Chapter 13 is preferable to a Chapter 7. A Chapter 13 bankruptcy is the only choice if you are behind on your mortgage or business payments and you want to keep your property, either in Utah or another state, at the end of the bankruptcy process. A chapter 13 bankruptcy allows you to make up their overdue payments over time and to reinstate the original mortgage agreement. In general, if you have valuable property not covered by your Utah bankruptcy exemptions that you want to keep, a chapter 13 filing may be a better option. Also, people file Chapter 13 bankruptcy because they have too much income to file a Chapter 7 bankruptcy or have the kind of debt that is non- dischargeable in a Chapter 7 (e.g. certain taxes). However, for the vast majority of Utah residents who simply want to eliminate their heavy debt burden without paying any of it back, Chapter 7 provides the most attractive choice.

Advantages to a Utah Chapter 7 filing:
• You receive a complete fresh start. After the bankruptcy is discharged the only debts you owe will be for secured assets on which you choose to sign a “Reaffirmation Agreement.”
• You have immediate protection against creditor’s collection efforts and wage garnishment on the date of filing.
• Wages you earn and property you acquire (except for inheritances) after the bankruptcy filing date are yours, not the creditors or bankruptcy court.
• There is no minimum amount of debt required.
• Your case is often over and completely discharged in about 3-6 months.
Disadvantages to a Utah Chapter 7 filing
• You lose your non-exempt property which is sold by the trustee. If you want to keep a secured asset, such as a car or home, and it is not completely covered by your Utah bankruptcy exemptions then Chapter 7 is not an option.
• If facing foreclosure on your home, the automatic stay created by your Chapter 7 filing only serves as a temporary defense against foreclosure.
• Co-signors of a loan can be stuck with your debt unless they also file for bankruptcy protection.
• If you filed a prior case and received a discharge of your debts, you can only file a second Chapter 7 bankruptcy case eight years after you filed the first case.
Advantages to a Utah Chapter 13 payment plan:
• If you choose and you can afford the payment plan, you can keep all your property, exempt and non-exempt.
• While debts are not canceled as in a Chapter 7 discharge they can be reduced under a Chapter 13 payment plan.
• You have immediate protection against creditor’s collection efforts and wage garnishment.
• More debts are considered to be dischargeable (including debt you incurred on the basis of fraud and credit card charges for luxury items immediately prior to filing).
• If the Chapter 13 plan provides for full payment, any co-signers are immune from the creditor’s efforts.
• You have protection against foreclosure on your home by your lender as long as you meet the terms of the plan.
• You have more time to pay debts that can’t be discharged by either chapter (like taxes or back child support).
• You can file a Chapter 13 at any time.
• You can file repeatedly.
• You can separate your creditors by class where different classes of creditors receive different percentages of payment. This enables you to treat debts where there is a co-debtor involved on a different basis than debts incurred on your own.
Disadvantages to a Utah Chapter 13 payment plan:
• You create a payment plan where you use your post bankruptcy income. This ties up your cash over the Chapter 13 plan period.
• Legal fees are higher since a Chapter 13 filing is more complex.
• Your plan and therefore your debt will last for 3 to five years.
• You are involved in the bankruptcy court process for the term of the 3-5 year plan.
• Stockbrokers and commodity brokers cannot file a Chapter 13 bankruptcy petition.
Filing for Bankruptcy without an Attorney
You are not required to have an attorney to file for bankruptcy. In some simple Chapter 7 cases, you can file on your own (it’s called filing “pro se,” meaning that you represent yourself) if you are willing to put in some time and research. However, in many cases, it’s a good idea to have a bankruptcy attorney. The importance of an attorney depends on the complexity of your case and whether you are filing a Chapter 7 or Chapter 13 bankruptcy.

When Is it Feasible to File Without an Attorney?

What Is a Priority Debt?
Bankruptcy is an excellent tool that helps many people overwhelmed with debt get back on their feet. But it might not discharge (get rid of) everything that you owe. Priority debts get paid first if money is available to pay creditors. More importantly, they’re non-dischargeable—they don’t go away in bankruptcy.
Debts that you’ll remain responsible for include (many, but not all of these debts are priority in nature):
• child support, spousal support, or another domestic support obligation
• fines, penalties, and restitution imposed as punishment for violating the law
• some taxes
• intoxicated driving debts
• homeowners’ association dues assessed after filing for bankruptcy
• retirement plan loans
• money borrowed to pay off non-dischargeable tax debt (for instance, the credit card debt incurred after using your account to pay a tax bill), and
• debts determined non-dischargeable in a previous bankruptcy.
A student loan won’t get wiped out either unless you can prove to the court that it would be a hardship to make you pay it. Most people are unable to meet the standard, however. It can be costly to file and litigate the lawsuit necessary to prove the case, as well. Additionally, any creditor can file a non-dischargeability complaint asking the court to determine that a debt shouldn’t be discharged in your case. To win, the creditor will need to prove that one of a variety of situations exists.
• You committed fraud (for instance, you wrote a bad check or lied about your income on a credit application).
• You charged a luxury item less than 90 days before you filed for bankruptcy.
• You intentionally harmed someone or damaged their property.
• You embezzled funds or stole money.
• You failed to list all creditors in your bankruptcy petition.
If you suspect that you might have non-dischargeable debts, or that a creditor might file a lawsuit against you, it’s probably not a good idea to represent yourself. Instead, consider speaking with a bankruptcy attorney. The lawyer can consult with you about the status of your debt and whether proceeding forward is in your best interests. However, keep in mind that even the simplest Chapter 7 requires you to fill out extensive paperwork, gather financial documentation, research bankruptcy and exemption laws, and follow the local rules and procedures.

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 Case

Certain 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 Own

If 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 Utah

Are 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 Utah

In 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 Exemptions

Utah 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 Utah

When 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 Utah

When 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 Bankruptcy

If 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 Lawyer

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

Questions To Ask A Probate Lawyer

Estate Probate Attorney

Family Law Attorney In Utah

Business Lawyers

Estate Planning Lawyer

Divorce Lawyer and Family Law Attorneys

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Utah Bankruptcy first appeared on Ascent Law, LLC.

from Ascent Law, LLC https://www.ascentlawfirm.com/utah-bankruptcy/

How Do I Collect Child Support From An Out Of State Non-Custodial Parent?

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 Payments

No 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.
Your first steps may include:
• Finding out the other parent’s current address from relatives or friends
• Hiring a private investigator
• Using locator resources from your local child support office

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 Basics

You 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 Services

Every state has a parent locator services. The local child support offices have access to resources such as:
• Federal new hire data
• State new hire data
• Driver’s license change of address information
• Unemployment insurance information
• Worker’s compensation filing
• Criminal and civil court records
• Credit bureau data
• Bureau of Motor Vehicles or DMV information
• Public assistance applications (such as applying for food stamps)

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 Payments

An 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 state’s local courts
• Child support agencies
• The other parent’s attorney

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 Support

Many 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 State

In 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:
• Arrest
• Jail or prison time
• Home detention or house arrest
• Probation

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 Utah

Some 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.
• The moral and financial conduct of each parent
• The child’s relationship with each parent
• Each parent’s capability and desire to care for the children
• Each parent’s willingness to allow continuous and frequent contact with the children
• The children’s relationship with extended family members and the significant impact on their best interests.

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 Custody

First, 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 Laws

There 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 Utah

Parents 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 Schedules

Under 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 Utah

Utah 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:
• the child’s physical and emotional needs
• the child’s relationship with each parent
• the distance between the parents’ residences
• each parent’s physical and mental health
• the child’s ties to the community, sibling relationships, and relationships with extended family members
• each parent’s willingness to encourage a relationship between the child and the other parent
• either parent’s history of domestic violence
• the child’s preference if of a sufficient age and maturity, and
• any other factor the court deems relevant to custody.

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 Lawyer

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

Real Estate Attorney

Probate Lawyer

Estate Planning Attorney

Child Custody Lawyer

Divorce Lawyer

Bankruptcy Lawyer

{
“@context”: “http://schema.org/”,
“@type”: “Product”,
“name”: “ascentlawfirm”,
“description”: “Ascent Law helps you in divorce, child custody, dissolution, alimony, family law, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you.
“,
“brand”: {
“@type”: “Thing”,
“name”: “ascentlawfirm”
},
“aggregateRating”: {
“@type”: “AggregateRating”,
“ratingValue”: “4.9”,
“ratingCount”: “118”
},
“offers”: {
“@type”: “Offer”,
“priceCurrency”: “USD”
}
}

Ascent Law LLC St. George Utah Office

Ascent Law LLC Ogden Utah Office

Directions from Orem Utah to Ascent Law LLC West Jordan Utah

Directions from Holladay Utah to Ascent Law LLC West Jordan Utah

Directions from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan Utah

Directions from Sandy Amphitheater to Ascent Law LLC West Jordan Utah

Directions from Real Soccer Stadium to Ascent Law LLC West Jordan Utah

’

Directions from Mountain American Expo Center to Ascent Law LLC West Jordan Utah

Directions from Hale Centre Theatre to Ascent Law LLC West Jordan Utah

Directions from The Shops at South Town to Ascent Law LLC West Jordan Utah

The post How Do I Collect Child Support From An Out Of State Non-Custodial Parent? first appeared on Ascent Law, LLC.

from Ascent Law, LLC https://www.ascentlawfirm.com/how-do-i-collect-child-support-from-an-out-of-state-non-custodial-parent/

How Can I Get Out Of Paying Alimony?

how-long-after-alimony-is-awarded-before-i-start-receiving-payments — How Can I Get Out Of Paying Alimony?

You might not be able to. Each situation is different. But I hear you. Many people want to get out of paying alimony. Alimony, or spousal support, is meant to help divorced spouses maintain the standard of living they experienced during their marriage. There are many different kinds of alimony, and payments can last for months, years, or even decades depending on the details of the situation. While spousal support is a key part of divorce, many people run into problems when their alimony payments become too costly.

How Does the Court Decide to Award Spousal Support?

Alimony is not a uniform, one-size-fits-all arrangement. Just the opposite, the court determines each alimony plan on a case-by-case basis. When determining how alimony should be set, the court will consider factors like: How long you and your spouse were married. (In the absence of extenuating circumstances, alimony is generally restricted to the length of the marriage itself. For example, if you were married for 10 years, your alimony would typically be limited to 10 years.)

You and your spouse’s existing debts and financial resources. This could include income, inheritance, stocks, bonds, property, and other assets. You and your spouse’s ability to earn income. This factors in variables like age, work experience, education, and health.

Whether there are minor children who need child support.

Whether either parent has child custody and needs to cover costs like school supplies, food, and transportation.
Whether either of the spouses engaged in behavior that led to the divorce (e.g. a fault divorce involving adultery).
Of course, the court will need accurate financial information to make an appropriate decision. Therefore, you will have to supply information about your debts, assets, and income, which is itemized in detail on a document called the Financial Declaration. The Financial Declaration also plays an important role when the court decides how property will be divided.

It’s a common misconception that the husband always pays alimony, while the wife is always the recipient. In reality, alimony is based on the factors listed above – not on gender. While alimony payments generally don’t start until the divorce has been finalized, the court may order temporary support payments while divorce proceedings are still underway.

How to Reduce Alimony Payments That Are Too High

The court determines alimony using the process described above, which means your payments should, at least theoretically, be set at a level your finances can reasonably accommodate. At the same time, a payor’s initial ability to provide alimony can later be impacted by issues like changes in health, changes in employment, or even changes in the recipient’s living situation.

It’s a stressful situation when your alimony payments are too high, but don’t panic: the judiciary understands that circumstances can change with time, and the courts make accommodations for precisely this scenario. If you cannot afford to keep paying alimony at the same level, you may be able to reduce what you owe.

The first step to reducing your alimony payments in Utah is to contact an experienced alimony lawyer, who will be able to help you through the legal process required to lower your payments. To begin this process, you’ll have to file a petition to modify alimony with the court.

The court will not grant you (or your spouse) an alimony modification unless you can prove that there has been a “material change of circumstances.” In this context, “material” simply means significant, so a material change could involve something like a serious illness or other medical crisis, the loss of a job, or a natural disaster. Once the material change of circumstances has been established, the court will review your alimony plan based on the same factors described earlier (e.g. income, earning ability, the need for child support, and so forth).

Additionally, the court can terminate alimony altogether if your spouse begins living with another person. This is provided by Utah Code § 30-3-5(10), which says that “alimony to a former spouse terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.”

How Can I Get Out Of Paying Alimony?

One can define alimony as the provisions provided to the spouse after separation or divorce. If the circumstances of your marriage and divorce fall within specific parameters, you may be unable to escape paying alimony to your ex-spouse. However, there are a few things that could help you on how to avoid paying alimony. Furthermore, we would also highlight how does alimony work, how is alimony calculated, how long do you have to pay alimony, is alimony taxable and also what happens if I stop paying alimony?

Earning Less Than Your Spouse

The alimony award is normally calculated based on two significant factors: the earnings of the asking and the income of the paying spouse. Thus, you may escape the payment of alimony if you earn less or about the same amount as your spouse. Also there is no predefined divorce alimony calculator and the alimony payments or alimony deductions vary from scenario to another.

If You Got Married For a Short Period Of Time

If your marriage has lasted for two decades and you were the bread winner of the family, you are most likely going to pay for spousal support but if you were married for only a short period time, it’s unlikely that the judge would require you to help support your ex. If you are married for short period, judges often try to restore spouses to their financial situation before the marriage. A few states award alimony for merely a short period of time to help the receiving spouse time to obtain job skills or an education to be able to support himself or herself when the other spouse’s earnings is considerably more.

Request for A Vocational Evaluation

You may be able to get out of paying alimony or minimizing the amount you pay if you prove to the court that your spouse does not have any need of it. If for example the asking spouse has educational qualification that could earn him or her better paying job but he or she intentionally prefers to work part-time in a minimum wage job by asking the court to carry out a vocational evaluation.

Ask For Modification Of Termination Of Alimony Payment

In divorce law and alimony payment, the decree of permanent payment of alimony does not mean that it can never be reviewed or terminated. It only means there is no specific date for the termination of alimony payment. If your ex-spouse re-marries or start to live with another partner in some states, you may be able to get the court to cancel out the payment of alimony and child support. Again, you may be able to get the court to reduce the amount you pay in alimony if your income drops.

Pre-Planning With A Prenuptial Agreement

If you are in the process of getting married and wondering how to avoid paying alimony in the event of the marriage ending in a divorce. You may be able to circumvent the payment of alimony by getting a prenuptial agreement. People normally ask for a prenuptial agreement when they earn or have more money than their future spouse for the fact that the standard of living and the amount each spouse earns is the determinant of whether a spouse gets alimony payment or not.

Quit Any Unhappy Marriage Relationship Early Enough

The alimony amount as well depends on how long you were married. Short-term marriages are frequently not granted alimony payment. If you are not happy in your marriage and the resolution is not coming soon, the earlier you separate and seek for divorce the better to circumvent the payment of alimony.

Pay Property Taxes

If during the divorce settlement you obtain property that you have to pay taxes on, it may determine the amount of money you’d be required to pay on spousal support. Thus, you may want to acquire any property that your spouse is willing to give up if it means that you will end up paying fewer taxes than overall alimony payment.

What If My Spouse Is Capable Of Work But Refuses To Do So?

Is your former spouse refusing to work? Utah Family Code mandates that, when awarding alimony, the court must consider whether your spouse can become self-supporting within a “reasonable period of time.” You may be required to provide your spouse with alimony for a period of time after a marriage ends, but usually your ex eventually has to get a job that he or she can live on. While the court has discretion to award alimony for a longer period, and alimony may be permanent in cases where a marriage was considered to be of a “long duration,” you usually won’t have to continue providing funds to your ex on an indefinite basis. If your spouse is capable of work but refuses to do so, this should not have an impact on you… if you have a spousal support order in place that ends after a specific duration. However, if your spousal support order is conditioned on your spouse moving forward with seeking training or employment, you can sometimes go back to court and show your ex is not cooperating with the requirements.

When your marriage ends, you and your spouse can try to come to an agreement on alimony or a judge can award spousal support base on income disparities, the length of the marriage, the contributions each party made, and many other factors.

A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work.

This could be equal to half the length of your marriage, or to some other designated period depending upon what is appropriate in your situation.

With this type of spousal support order, you can stop paying when the court order no longer requires you to. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support.

If your support order is conditioned on your spouse getting a job, however, then you may feel as if you are going to be stuck paying forever until your ex finds work. This is especially frustrating if your spouse is capable of work but refuses to apply for or obtain a job.

You can go to court and argue that your spouse is not making a reasonable effort to find work. The burden of proof is on you in these cases to show your spouse has opportunity, ability, and earning capacity. A vocational exam pursuant to Family Code 4331 typically involves a vocational evaluator assessing your ex’s ability to obtain employment while allowing him or herself to maintain the standard of living enjoyed during the marriage. A vocational exam can be helpful in a divorce proceeding where the couple has fundamental disagreements on alimony. Because you have to make your case to end spousal support if you are paying and feel you shouldn’t be, it is imperative you have a good legal advocate on your side.

Retirement: A payor spouse’s retirement factors into lessening alimony.

Sickness: In the event of chronic illness, the payor spouse’s alimony responsibilities may diminish. Conversely, seriously ailing dependent spouses may require more money. Death of either spouse ends alimony.

Agreement: Divorce terms occasionally elaborate circumstances where alimony is modifiable, such as stopping alimony after retirement.

You can modify your alimony payments with the help of good divorce lawyers in Utah. You can’t just stop paying your alimony. There are two correct ways to do it:

Get a written agreement and file the documents in court

You can then get an amended divorce decree. If you have agreed to change your alimony, the decision does not end with you and your ex. Have your attorney create a stipulation for both of you and sign it. You need to file it in court.

File a Petition

Consider filing a petition asking the court to modify your alimony. If you can’t agree on a new number, the court may help you. Usually, you go through the mediation process. If negotiations fail to work, you can proceed to trial.

Free Initial Consultation with Lawyer

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

Real Estate Attorney

Probate Lawyer

Estate Planning Attorney

Child Custody Lawyer

Divorce Lawyer

Bankruptcy Lawyer

Ascent Law LLC St. George Utah Office

Ascent Law LLC Ogden Utah Office

Directions from Orem Utah to Ascent Law LLC West Jordan Utah

Directions from Holladay Utah to Ascent Law LLC West Jordan Utah

Directions from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan Utah

Directions from Sandy Amphitheater to Ascent Law LLC West Jordan Utah

Directions from Real Soccer Stadium to Ascent Law LLC West Jordan Utah

’

Directions from Mountain American Expo Center to Ascent Law LLC West Jordan Utah

Directions from Hale Centre Theatre to Ascent Law LLC West Jordan Utah

Directions from The Shops at South Town to Ascent Law LLC West Jordan Utah

The post How Can I Get Out Of Paying Alimony? first appeared on Ascent Law, LLC.

from Ascent Law, LLC https://www.ascentlawfirm.com/how-can-i-get-out-of-paying-alimony/

How Are Child Care Expenses Divided After Divorce?

Child support can be granted during divorce, temporary separation, or as separate maintenance. Generally speaking, there is a legal duty for parents to support their children under the age of 18 but there are exceptions, such as if the child is emancipated or if they have a disability which means they will remain dependent even after turning 18.

The Utah guidelines determine all aspects of child support. The parent who has custody is paid child support by the non-custodial parent and is based on income. The three components of this payment include base child support, medical expenses, and child care expenses. In general, the portion of health insurance policy premiums attributed to the child (ren) is split between the parents in addition to uninsured medical expenses. As well, work-related child care expenses are also shared between the two.

Child support is calculated by accounting for the total gross income of both parents, along with the number of overnights spent in the household of each parent. Parents are required to provide proof that their income matches the amount inputted in the child support calculator, such as with pay stubs and copies of the most recent tax returns. If a parent has a reasonable explanation for why this information is not available, the other party can file a Declaration of Other Party’s Earnings to explain the income, similar to acting as a witness for the other person. In cases where one parent doesn’t work, the Court can assume the amount of a party’s earning potential based on their prior work history and an assumed 40-hour workweek. If there is no recent work history information to rely upon, or if there isn’t a specific occupation the party has had, then the Court’s assumption will be based on the federal minimum wage for a 40-hour workweek. This is how the Court accounts for the fact that the other parent can reasonably work, however, this is not done in every circumstance. Exceptions are made in the following cases of a non-temporary nature:

The cost of childcare would equal, or almost equal, the amount of money earned by the parent with custody.

• If the party has a physical or mental condition preventing them from obtaining and/or keeping a minimum wage position
• The party is undergoing training to establish basic job skills, or
• A child has unique needs requiring the parent with custody to care for them in the home
How many overnights the child (ren) spend in the parents’ respective homes also has an effect on how much child support is paid. There are three basic scenarios in terms of physical custody:
• If the child spends a minimum of 111 nights per year in the homes of each parent, this is known as joint physical custody.
• If the child spends over 225 nights per year in one parent’s home, this is sole physical custody.
• If there is more than one child and some live with one parent and some with the other parent, this is split custody.

The easiest way to calculate child support is to use the child support calculator provided on the Office of Recovery Services’ (ORS) website, HERE. If you’re unsure of how to go about using this calculator, this article will help you.

In Utah, there’s a number of factors the court will consider when determining how much child support you will have to pay, or how much child support you will receive in your divorce or custody battle. The court will consider
• the income of both of the parties;
• the number of children born to both of the parents;
• the type of physical custody awarded;
• whether one of the parties has another child support or alimony obligation in a different case;
• whether there are other children currently living with one of the parents whom that parent is obligated to support.

The Parties’ Income.

We consider the income of both parties when calculating child support: the party paying child support and the party receiving child support.

• Unemployed Parent. Occasionally, one of the parents is unemployed and therefore does not have any income. When this occurs, the court can impute income–this means that the court will look at the work history and employable skills of that unemployed parent to determine the amount of income the parent is capable of earning. For example, if the parent was previously employed making $60,000 per year, the court may determine that the parent presently has the ability to make $60,000 per year, and then the court will use this hypothetical figure to calculate the amount of child support owed/received.
• Unemployed with No Previous Work History. If the parent doesn’t have any previous work history or any employable skills, the court will likely determine that the parent has the ability to make at least minimum wage.
• Inconsistent Income. Sometimes a parent is employed in a position where their income is dependent upon commissions, where their work is seasonal, or where for any other reason their income fluctuates month to month or year to year. In this case, the court may look at the parent’s salary over the past several years to determine an average salary that the parent will be held for the purposes of calculating child support.
• Second Job or Overtime Pay. Generally, child support is calculated based on a parent’s 40-hour workweek. Overtime pay and income from a second job can be considered when calculating child support, but generally is not.
Number of children that the parties have together.

The number of children born to both of the parents has one of the most significant impacts on the amount of child support that will be paid/received. Of course, if there are more children born to the parents, the amount of child support paid/received will be higher.

Type of physical custody awarded.

The type of physical custody awarded to the parents is another factor that will significantly impact the amount of child support paid/received.

• Joint Physical Custody. Joint physical custody is determined by the number of overnights each year that the children spend with each of the parents. The amount of child support will fluctuate depending on the number of overnights the child spends with each of the parents. For example, in a joint custody situation, if a child spends 111 overnights with one parent and 254 overnights with the other parent the child support obligation will be much higher than if the child spends 183 overnights with one parent and 182 overnights with the other parent.
• Primary Physical Custody. If one party is awarded primary physical custody then we no longer consider the number of overnights the children spend with each of the parents and we calculate child support based only on the fact that primary physical custody has been awarded.

Previous Child Support or Alimony Obligation in a Different Case.

The court will consider the amount of child support or alimony (spousal support) that one of the parents has to pay in another, different case when calculating the child support owed/received in your case.

Obligation to Children in the Present Home.

If one of the parents has been remarried and there are other children of that marriage living in that parent’s home, the court will consider the financial obligation that the parent owes to those children when calculating child support.

How child support is really calculated in Utah

It seems that divorce is never fair. In fact, divorce seems to be the most complicated and confusing thing one can go up against in his or her life. But wait until you start trying to figure out how child support is calculated in Utah.

Most divorcing couples have no idea how child support is calculated in Utah, and this is part of the reason why they end up with the kind of child support arrangement they were prepared for neither financially nor emotionally.

Some people may think that child support is calculated based on the income of both parents, the number of children, and their custody arrangement, but in reality, there is so much more that’s going on when Utah courts determine child support. So you may be surprised to find out what factors are actually taken into account.

How to Calculate Child Support in Utah

Let’s start with the basics. Before digging deep to consider all factors and determine the child’s best interests, a family court will examine the gross income of both parents separately.

The gross income of a parent includes income from all the sources, including salaries, rent, social security bills, and even unemployment payments and employments benefits. However, things like housing subsidies, welfare benefits, and general assistance are typically excluded from the equation when determining child support.

If a parent refuses to work just to avoid providing the other parent with child support payments, or voluntarily takes a pay cut just to be obliged with lesser payments, or deliberately quits his/her job altogether – a Utah court will take into account the past and current earnings of the parent.

Another factor that is important when calculating child support in Salt Lake City and all across Utah is the amount of time each parent is going to spend with the child as per the existing custody arrangement, which can be sole custody, joint custody, or split custody.

Utah Child Support Calculator Formula

Under the Utah State Legislature, local courts use a certain formula to calculate the amount of monthly child support payments in each case. The following factors are taken into consideration in the formula:
• The needs of the child, including medical care, education, insurance, and if he/she has any special needs;
• The income and needs of each parent, but especially the custodial parent;
• The non-custodial parent’s ability to make monthly child support payments;
• The child’s standard of living before his/her parents were separated or divorced, especially considering the child’s financial needs to maintain the same standard of living.

Can You Ever Change the Amount of Child Support?

The parent who is obliged to make monthly child support payments is legally required to pay without delay, and cannot pay less, only more, if he/she wishes to. The court must always approve the amount of child support payments if the parents agree to any changes in child support.

If the court obliges you to pay the amount that you cannot afford – or had been able to afford for a while and now the arrangement is putting a heavy strain on your budget – you can always request a child support modification.

However, you’ll need to be legally represented by a child support attorney in order to obtain approval from the court, as you will have to prove that the child support modification is justified due to:
• Your diminished ability to earn;
• The other parent’s acquired ability to earn;
• Your changed standard of living;
• The receiving parent changing his/her marital status or living with a romantic partner who can provide for the child

If the child support arrangement is no longer working out, you can request a child support modification.

Child Support Modifications Utah

There can be many reasons why you need to modify your child support order. You could have suffered a job loss or become disabled which prevents you from working earning the income you were before the injury. Whatever your reasons for requesting a child support modification, there are certain things you need to know before going to court.

What Qualifies for Child Support Modifications?

In Utah, you can only change the amount of your child support if the difference in what you are currently ordered to pay and what the new amount you may be ordered to pay differs by 10 percent. Utah does not allow temporary modifications, requiring that that the change is expected to last at least one year. Keep in mind that a child support modification is considered a post judgement change which means there are certain steps you must follow in order to change the support amount.

How to Modify Support

There are two ways to ask the court to change the amount you are paying in support. A Motion to Adjust can be used if there is a clear difference of 10 percent between the current order and the new order, the difference is not temporary, and the proposed amount is consistent with guidelines. If any one of these criteria does not exist, you must file a Petition to Modify Child Support.

Petition to Modify Child Support

A Petition to Modify also has restrictions. If it has been three years or more since the original order, the 10 percent difference criteria must be met although the proposed support does not have to be consistent with guidelines. The change still may not be temporary. If it has been less than three years, there must be at least a 15 percent difference. You must also show that there has been a material change in one or more of the following areas:
• Availability or cost of health coverage
• Change of 30 percent or more in a parent’s income
• Custody
• Emancipation of a child
• Employment potential or ability to earn
• Legal responsibility of a parent to support others
• Medical needs of the child or children
• Relative wealth or net assets of one or both parents
• Work or education related childcare expenses

The change cannot be temporary. The modification can be requested to either decrease or increase support payments.

However, if you were the petitioner in the initial case, you will remain the petitioner in the modification as well. Documents must be filed in the same court that issued the decree and have papers served on your ex-spouse.

What Happens After the Petition is Filed?

Once the petition is filed, the court issues a Domestic Relations Injunction. This orders you and your ex-spouse not to harass each other, change insurance or beneficiary coverage, transfer property or take an unexpected trip with the minor children while the case is pending. As soon as the petition is filed, the petitioner must abide by the injunction while the respondent must begin abiding by it when they are served the documents.

What If I am the Respondent?

If you are served with a Petition to Modify Support, you have 21 days if you were served in Utah or 30 days if served in another state to answer the petition. Both you and your ex-spouse must provide initial disclosures which include a financial declaration. It is possible the court will order both of you to try to come to an agreement through mediation. If you agree with the petition, you can file a stipulation by checking the “and Stipulation” box on the first page and sign it. Keep in mind both you and your ex-spouse must sign the stipulation. If you come to an agreement after mediation or negotiation, you can complete a new Petition to Modify and write “Amended” on the top of the first page.

Process for Motion to Adjust

The process for the Motion to Adjust is easier than filing a petition, but it still has certain post judgement requirements. Judges in Utah may rule on all types of motions, but commissioners are assigned to hear divorce case motions as well as other family law issues. You will want to contact the court where you filed the motion to find out whether it will be decided by a judge or a commissioner. The important difference is that a commissioner will simply make a recommendation to a judge who then makes the modification an order of the court. If you disagree with the commissioner’s ruling, you can file an Objection to a Commissioner’s Recommendation.

Free Initial Consultation with Lawyer

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

Absolute Divorce V.S Limited Divorce

Does Divorce Have To Be Filed In The Same State As The Marriage?

How Are Assets Divided During Divorce?

Business Lawyers

Estate Planning Lawyer

Divorce Lawyer and Family Law Attorneys

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

Real Estate Attorney

Probate Lawyer

Estate Planning Attorney

Child Custody Lawyer

Divorce Lawyer

Bankruptcy Lawyer

Ascent Law LLC St. George Utah Office

Ascent Law LLC Ogden Utah Office

Directions from Orem Utah to Ascent Law LLC West Jordan Utah

Directions from Holladay Utah to Ascent Law LLC West Jordan Utah

Directions from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan Utah

Directions from Sandy Amphitheater to Ascent Law LLC West Jordan Utah

Directions from Real Soccer Stadium to Ascent Law LLC West Jordan Utah

’

Directions from Mountain American Expo Center to Ascent Law LLC West Jordan Utah

Directions from Hale Centre Theatre to Ascent Law LLC West Jordan Utah

Directions from The Shops at South Town to Ascent Law LLC West Jordan Utah

The post How Are Child Care Expenses Divided After Divorce? first appeared on Ascent Law, LLC.

from Ascent Law, LLC https://www.ascentlawfirm.com/how-are-child-care-expenses-divided-after-divorce/

Business License Requirements

State and local authorities often require even more small business licenses and have more issues to consider than the regulations imposed by the federal government. When you start a business, there are federal and state rules and regulations that the company must abide by in order to legally operate.

State and local governments have more wide-ranging regulations for businesses, and there are more local issues for small businesses to consider when starting up. For example, in addition to the federal and local requirements for businesses to obtain licenses, small business owners must also consider other local issues, such as zoning ordinances, building codes, and lease considerations.

State License Requirements

Business licensing requirements differ from state to state, but most state governments typically require the following types of licenses and permits:
State business license: Essentially, a state business license is used to track and monitor businesses for tax purposes and are required for businesses to operate lawfully in the state. Most states have agencies specifically created to deal with issuing state licenses.

Licenses for selling certain products: States require businesses to have licenses to sell products such as liquor, firearms, and gasoline.
Occupational licenses: All states regulate certain professions and require practitioners of those occupations to obtain (and maintain) licenses in order to do business. States require licenses for doctors, lawyers, accountants, real estate agents, private security guards, funeral directors, private investigators, barbers, and many other professions. To confirm whether your state requires your business to have an occupational license, contact your state’s licensing authorities.

Unemployment insurance: For businesses with employees, most states require the business to purchase into their system of unemployment insurance. Contact your state’s Department of Labor to find out more. Also, don’t forget to have worker’s compensation insurance in case someone is injured on the job. This is a must if you have any employees or independent contractors you pay to do work for you.

Tax registration: For states with a sales tax, you will have to submit an application for a sales tax license to charge customers.

Local Issues

Register your business name: You’ll have to register your business name with local (and likely state) agencies such as the county clerk, along with the business address. You’ll need to take care to pick a name that isn’t being used by another business. If the business is an LLC or corporation, the business name will be registered with the state when you submit the articles of incorporation. If you’re a sole proprietor, the default name will be your name, but you can apply to use a fictitious name (also known as a DBA—”doing business as”) with the city or county. Partnerships can also apply for a DBA with the city or county.

Environmental permits: In addition to state and federal agencies that cover environmental issues, local agencies also regulate the environmental impact of businesses, including issues such as air quality, water quality, and waste disposal. For example, the number of local air quality boards is increasing, as is their activism in maintaining or improving air pollution in their locale, with a particular focus on businesses.

Local business licenses: In addition to state or federal licenses where applicable, almost all businesses will need a license from the local government (city or county) to lawfully operate within their jurisdictions. These local licenses are typically very easy to obtain and require paying a fee.

Health permit: If you’ll be preparing food as part of your business, you’ll need to get permits from the county to do so.

Building permits: If you want to remodel or build a new space, you must get building permits from local agencies to ensure safety and to confirm that the remodeling or new space conforms to local ordinances. Depending on the type of work that’s being done, you may also need permits for plumbing, electrical, and heat or A/C work. Be sure to consult with a licensed, experienced contractor to determine what types of permits you’ll need as well as how much it will cost to get your business up to local requirements.

Zoning: A zoning permit demonstrates that the location of your business is approved by the city or county for your business’ usage. Zoning laws are locale specific, and can vary even from block to block. The laws regulate things like the type of business that is allowed in an area, waste disposal, the size and placement of signs, and even the appearance of the store front (if, for example, you’re in a historic district). If your specific location isn’t zoned for your type of business and you’ve signed a lease, you have trouble on your hands. So before signing a lease, be sure to confirm that the area is zoned for your usage and that the lease accurately reflects the type of business.

Business License Lawyer Free Consultation

When you need help with your business licensing in Utah, please 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

Behind on your mortgage?

Should You Extend Credit To Business Customers?

Don’t Trust Divorce Information On The Internet

Utah Law on Returning a Car

Divorce In Your 20s

Child Custody Summer Break

From https://www.ascentlawfirm.com/business-license-requirements/

Child Custody Summer Break

Working out a parenting time plan during summer is required for parents of minor children in Utah. A parenting plan includes details on how time with children is shared when school is out.

Summer parenting arrangements can be court-ordered or created between amicable parents over time. In any case, good communication is key to making good memories with children over the summer.

This year, consider these tips for staying cool when issues with a co-parent heat up: (1) Remember the children: Most children look forward all year to summer vacation. Try to keep their best interests in mind as you work with the other parent to schedule the summer. (2) Plan ahead: No parent appreciates a short-notice phone call or text concerning an event—and most parenting time plans do not permit them. As soon as you have your summer plans in mind, speak and coordinate with the other parent. (3) Family plans: If your family traditionally spent time at a summer home or particular destination, work with your ex-spouse to decide how that could be handled after divorce. Should new traditions be made, old ones honored or somewhere in between? (4) Ask your children: Even children of intact families change their minds about what they want to do from summer to summer. Before you plan to send your kids to an away camp or sign them up for another activity, ask children who are old enough for their opinions.

Enforcing Your Rights

If you have not been granted full custody of your children, the courts have likely given you a specific visitation arrangement that will enable you to see them. There are a variety of types of visitation, including weekend visitation, supervised visitation and more. If anyone attempts to interfere with your rights of visitation, there are steps you can take to assert those rights.

The most common circumstances in which you need to enforce your rights are when the custodial parent refuses to let you have your court-mandated visitation time with your children. Be sure to keep a written record of every circumstance in which the custodial parent denies you your visitation, so you can have evidence of a pattern of interference. Once you have established this pattern, you have several options:

Try mediation. See if you can work out the issues with the custodial parent through a simple discussion. Maybe you just need to tweak the schedules, or set certain ground rules. You may also work it out through professional mediation or counseling.

File a motion in the court system. You can file a motion in court to enforce your visitation rights. The court will then clarify all the details of the visitation plan, and could potentially increase your rights and decrease spousal support if you can prove a pattern of interference. In rare cases, the courts may even change who has primary custody.
Keep the child on grounds of endangerment. If you feel that your child would be placed in danger by returning home after the visit, you can violate the terms of your visitation agreement so long as you are able to defend this violation in court.

If you become frustrated by the custodial parent’s lack of cooperation in your visitation schedule, never take it out on them by stopping support payments. That can only harm your position in the long run.

Free Consultation with Divorce Lawyer in Utah

If 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

Tax Audit Help

Health Care Directive Agent

Simplified Employee Pensions or SEPS

Immigration and Hiring for Businesses

Behind on your Mortgage

Should You Extend Credit to Business Customers?

From https://www.ascentlawfirm.com/child-custody-summer-break/

Should You Extend Credit to Business Customers?

Extending credit to your customers or business partners helps your business increase sales and provide additional sources of revenue. However, there are downsides to extending credit as well, such as having to comply with a variety of federal and state laws, and of the course the possibility of not being able to collect. This article provides some basic introductory information on extending credit to your business’s customers.

ID for Credit Transactions

Any business that accepts debit or credit cards for payment should understand the PCI security standards intended to protect consumers, credit card companies, banks, and businesses from fraud and security breaches. Any business that is going to accept credit or debit cards should obtain a complete list of the requirements from the PCI Security Standards Council.
Some states have strict regulations pertaining to the kind of information that customers can be asked for when purchasing items with credit cards. Very often, businesses can’t require customers to give information that is personally identifying other than an address or phone number. Exceptions may apply if the bank issuing the credit card requires the information, or if the information is essential to fulfilling the transaction, such as for delivery or servicing. If you would like more information about the laws in your state, you can visit the Utah Attorney General’s Website.

Consumer Credit Laws

If your business extends credit to customers, you should become aware of consumer credit laws, which regulate many aspects of your interaction with customers. For example, if your business is extending credit, you will have to comply with rules regarding how you advertise interest rates and how much time you have to respond to claims of billing mistakes. There are also certain rules about how aggressive you can be when trying to collect a debt. It’s important to be in compliance with federal and state consumer credit laws, so it’s definitely in your best interest to find out the laws that will be applicable to your business.

Extending Credit and Getting Paid

If you decide to extend credit to your customers, make sure you establish credit practices that are: (1) Fair enough to your customers under state and federal credit laws, and (2) Strict enough to ensure that your business will get paid.

You should have credit policy and a set procedure in place that your business will follow if customers don’t pay when they are supposed to pay. Examples of what you can include in your collection procedures are sending out overdue notices, demand letters, and collection notices.

Mechanics’ and contractors’ liens exist in most states to provide special collection rights to those who provide services or building materials used to improve property. A contractor’s lien is often referred to as a mechanic’s lien or a construction lien, and is available to contractors, subcontractors, and suppliers of materials. In some states, certain professions such as engineers, surveyors, and architects may also be eligible to file a lien for services that were provided in the course of a home improvement project. In the event that a debt is not paid, the lien can be foreclosed, and the property sold to pay the obligation.

It’s important to know that the debtor has the benefit of an “automatic stay” immediately upon filing a bankruptcy petition. This stops you from taking any further action to try to collect the debt owed to your business unless (or until) the bankruptcy court decides to the contrary.

Free Consultation with a Utah Business Lawyer

When you need legal help with your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Domestic Violence Law

Tax Audit Help

Regulations for Business

Trusts

Getting Property Back After Divorce

Behind On Your Mortgage?

From https://www.ascentlawfirm.com/should-you-extend-credit-to-business-customers/

Behind on Your Mortgage?

A mortgage is a type of debt that must be repaid within a certain time period, typically for real estate purchases. In the context of buying a home, a person looking to maintain a mortgage should first determine whether a mortgage payment can fit within their existing budget. Many foreclosures, as well as the market crash of 2008, were in part caused by people taking mortgages they could never afford (often pushed by predatory lenders). To avoid foreclosure, it is very important to educate yourself on the legal implications of taking on a mortgage before you begin mortgage shopping. This section includes articles addressing mortgage liability matters and what to do if you are behind on your payments.

What to Do When You’re Behind on Your Mortgage

Most people will experience periods of financial difficulty at least once in their lives, which can make it very difficult to pay your mortgage in full and on time. But keep in mind that lenders are not motivated to foreclose on your loan as long as they know you’re also making good faith efforts to pay repay what is owed. Therefore, you should contact your lender as soon you suspect you may not be able to make your payment on time or in full; the longer you wait, the fewer options you will have.

If you have fallen behind on your payments, talk to your lender about the following options: Reinstatement – Borrower pays the past due amount (and any applicable late fees) by a certain date; this makes the most sense for temporary financial setbacks. Repayment – Similar to reinstatement, but a portion of the past due amount is added to the regular monthly payment until borrower is current with payments. Forebearance – Mortgage payments are either suspended or reduced for an agreed-to period of time; when this period has ended, borrower resumes regular payments in addition to the past due amount (either in a lump sum or installments); not a good option if your financial setback is permanent. Loan Modification – Short of selling your home or slipping into default, this is the best option for borrowers whose incomes have fallen indefinitely; this involves a renegotiation of one or more loan terms. Sale – Sometimes selling your home is the only option. Bankruptcy – This is the most extreme option and can blemish your credit report for 10 years, but offers a fresh start for those who cannot repay their debts

Does Mortgage Insurance Work?

One way to protect yourself against a possible default is to purchase private mortgage insurance, which is required by some lenders if your down payment is less than 15 or 20 percent. This amount is added on to your monthly mortgage payments, but may be cancelled if you accumulate a certain amount of equity in the home (typically 20 to 25 percent). You also may be able to cancel your mortgage insurance policy if your home’s value has significantly increased through a remodel or local property increases.
If you purchased your home after July 29, 1999 (under the Homeowners Protection Act) you may cancel your private mortgage insurance by considering the following options (1) Talk to your lender by asking in writing; (2) Have your home professionally appraised; (3) Determine your loan to value ratio (typically, lenders want it to be below 80 percent); (4) Compare your loan to value ratio.

Free Initial Consultation with Mortgage Lawyer

If you need legal help with your mortgage, 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

Transferring Property Between Spouses

Debts After Someone Dies

Trademarks and Business Names

Joint Tenancy in Utah

Domestic Violence Law

Tax Audit Help

From https://www.ascentlawfirm.com/behind-on-your-mortgage/

Tax Audit Help

The IRS can randomly or intentionally select a tax return to verify that the taxes reported are correct. If you’ve been selected for an audit, there are ways to get help to avoid penalties and charges. While it’s tempting to rush through the audit process, you should be mindful of several ways to get audit help.

Before you seek help for a tax audit, knowing the basic tax audit process and the taxpayer’s rights should make the audit process go smoother and faster. For all types of audits, the IRS will send a notification in the mail. The notification letter will contain detailed steps to take and a deadline to reply.

After responding to the notification letter, there are three possible outcomes to a tax audit. First, the IRS can accept your explanation and your supporting documents and make no changes to your tax return. Second, the IRS can propose to make changes to your tax return and you can accept the changes by signing a document. By accepting the changes, you will probably have to make arrangements to make payments. Third, you can refuse to accept the changes proposed by the IRS and challenge the assessment. You can set up a conference with a manager at the IRS office to resolve the issue.

The IRS informs its employees and the taxpayers that the taxpayers have the following rights (1) A right to professional and courteous treatment by IRS employees; (2) A right to privacy and confidentiality about tax matters; (3) A right to know why the IRS is asking for information, how the IRS will use it, and what will happen if the requested information is not provided; (4)A right to representation, by oneself or an authorized representative.

Receiving a notification letter may be intimidating, especially if the IRS is telling you that there’s an error in your tax report. Don’t panic. There are ways to fix those problems by getting help. Depending on how you’ve been audited, you should carefully determine whether you need self-help tools, tax audit assistance, or full representation for your audit.

If resolving your audit issues seems simple, you can use online or self-help tools. The IRS publishes articles and guides that explain specific tax issues. Read those documents to find answers to questions you may have. If the IRS is simply asking you for additional document(s) for accuracy, you probably won’t need to buy tax audit assistance services or hire a tax lawyer. As long as you provide required documents, your audit will end.

There are various tax audit assistance programs, which can help you learn about what to expect and discover details of your audit. Services vary by companies and types of services. Typically, a tax professional will assist you in reviewing your audit notice and explain your options. In some cases, the tax professional will handle issues and paperwork to process your tax audit.

If you’re being charged with a serious penalty or a crime, then you should consider getting tax audit representation. If the IRS states that you made a serious mistake, you may be facing a large penalty. Hiring a tax lawyer is necessary when there are tax fraud or evasion issues. In that case, you should hire a tax professional or a tax lawyer, who will negotiate on your behalf, research any issues related to your audit, and communicate with the IRS tax agent to resolve the issues.

There are many resources and companies offering tax audit help, but you need to make sure you choose the right one for you. Make sure the service you choose will help you the get the result you want. Here’s a basic list of what you should look for. The tax professional must be trained and specialized in tax. The tax professional should be able to tell you what to expect and how to prepare for the audit. The tax professional should help you understand tax law. The tax professional’s office should be conveniently located (for tax audit representation). You should feel comfortable telling the tax professional your personal information.

Free Consultation with a Utah Tax Attorney

If you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.