Legal Separation or divorce can be such a traumatic time for a family, especially when children are involved. In an effort to help lessen this impact, both parents will want to consider what is best for their children and consider ways to help minimize change to the schedule, lifestyle, and habits. One consideration is child support. How is this calculated? Does Utah have a set structure? So, how is child support calculated? Child support is calculated using the gross monthly income of both parents and the number of overnights the child spends in each household. Both parents will need to provide proof of their income in order to accurately establish child support. This will come in the form of pay stubs and providing copies of income tax returns. Utah law does establish Child Support Guidelines to calculate a parent’s child support obligation. The guidelines have three components: • Base child support • Medical care • Child care expenses Utah also has a table that determines the total support obligation for the children, which is shared by the parents according to their incomes. The non-custodial parent pays child support to the custodial parent. Child support is calculated by a formula established by Utah Code §78b-12-301. • The number of overnights a child spends in each parent’s home will also affect child support. There are three basic possibilities: • The child spends at least 111 nights a year in the home of each parent. This is called joint physical custody. • The child spends over 225 nights a year in the home of one parent. This is called sole physical custody. • There are multiple children and some live with one parent and some live with the other parent. This is called split custody. There are many other factors and considerations regarding child support payments such as which parent is responsible for the child’s health insurance; which parent is able to claim the child as a dependent on this income tax return; and how child support payments are to be made. Utah Child Support & Overnight CalculationsUtah uses overnights, or where the children sleep, as the basis for figuring custody timeshare percentages used in its child support formula. Besides income, overnight totals are a key part of the Utah child support formula. Your overnights directly affect your child support, whether you pay or receive. Most overnight totals are estimates (and thus incorrect). Utah attorneys and judges often rely on overnight estimates, even if they are incorrect, because counting overnights is tedious and time consuming. Divorcing parents often rely on these estimates as well. Using estimates means your overnight totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact. How to calculate overnights instead of relying on estimatesTo calculate overnights, the easiest and most accurate way is to use software. Without software, you’re forced to count each night for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year. Using software, you can also tweak your schedule to see how even little changes affect your total overnights, and you can see how your overnights change each year due to holidays and other events. You can also track what actually happens, and show how many overnights you’ve actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time. Child support formulas in Utah are tied to sole or joint physical custody status. • Utah sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to overnight visitations. In Utah, when the nonresidential parent has 110 or fewer overnights with the children, the family courts classify it as sole custody. Parenting time does not figure into the formula. • Utah joint physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. Utah requires that each parent host more than 110 overnights per year to qualify for joint physical custody. The number of overnights affects the amount of child support. Utah child support formulas and overnight totalsUtah family courts use different formulas for sole and joint custody child support amounts. • Sole physical custody: Utah family courts use a physical care method, which assigns a child support amount based on each parent’s income. The nonresidential parent pays child support to the residential parent. Parenting time does not factor into the formula. • Joint physical custody: Utah family courts use a formula that adjusts the amount of child support payment based on the number of overnights each parent has with the children. As the overnight totals increase, the amount of child support decreases. Examples of sole custody and Utah child supportLook at a sole custody scenario for a hypothetical child support case in Utah. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children. Robert and Mary agree that he will have fewer than 110 overnights and he will be the nonresidential parent. See how the child support amount differs in these sole custody examples: Scenario #1: As the nonresidential parent, Robert will pay Mary $835 in child support. In Utah, the nonresidential parent pays child support to the residential parent, regardless of which parent earns more. If the custody was reversed, and Robert had sole physical custody of the children, Mary would pay a percentage of child support based on her income to Robert. Examples of joint custody and Utah child supportConsider the hypothetical joint custody case of Robert and Mary. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children. See how the child support amounts change in these joint custody examples: Scenario #1: Robert hosts the children for 111 overnights, the minimum required to qualify for joint physical custody. He pays $831 in child support to Mary. Scenario #2: If Robert increases his overnights by two weeks to 125 per year, his child support amount lowers to $781 per month. Scenario #3: If Robert’s overnights are equal to Mary’s, with 182 overnights, his child support amount lowers to $179 per month. Scenario #4: If Robert’s overnights exceed Mary’s, such as 200 overnights, Mary pays him child support. In this case, Mary pays Robert $36 each month. In Utah joint custody cases, the nonresidential parent pays child support to the residential parent, based on a percentage of his or her income. Other factors in the Utah child support formulaUtah’s child support formula uses the following information to calculate your monthly amounts for joint custody child support: • Overnights: Unlike some states, Utah does not factor in daytime visitations into a child support formula—only overnights. The nonresidential parent must host the children for 111 overnights or more to qualify for joint custody. • Eligible children: Qualifying children in Utah must be under the age of 19 or still in high school. Disabled children who must remain with the residential parent may require child support past these limits. • Gross earnings: Gross earnings are established based on tax records and current pay stubs. Utah law requires the use of both parents’ incomes from the equivalent of one full-time job to determine a child support amount. How accurate child support helps your childrenPaying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met. Here are some other reasons why accurate overnight numbers help you, the other parent and your children: • It provides a fair way to determine your child support amounts • It guarantees the child support amount reflects each parent’s responsibilities • It allows for modifications if your actual time and scheduled time are different • It is compliant with Utah law Your financial obligations to your children don’t end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount. Utah parenting time percentages only count overnight visits. Child visitation during the day or into the evening does not affect child support amounts. When a Utah family court awards sole custody to the residential parent, the children will spend fewer than 110 overnights with the nonresidential parent. The number of overnights will have no impact on child support. When a Utah family court awards joint custody, the children spend at least 111 overnights and probably more outside the primary residence. As the scheduled overnights increase with the nonresidential parent, the child support amount slowly lowers. Most people use estimate to calculate overnights, which can lead to inaccurate numbers in the Utah child support formula, resulting in incorrect child support amounts. What Does Child Support Cover?Parents have not only a moral obligation to support their children, but also a legal one that is enforced by an important series of Utah laws. Child support Utah laws are based on the core idea that children are entitled to benefit from both parents regardless of whether those parents live together or not or even whether they are/were married or not. The exception to this is that, in Utah, stepparents have no legal obligation to support their ex-partners children during or after marriage (but all biological parents are). These laws encourage parents to work together in order to provide the best child support services that are in the interest of their children. The Reality of Calculating Child SupportWhen calculating Child Support, a very common misconception arises when couples think that the amount of child support that is paid can be manipulated or changed by changing the type of custody (from “sole custody” to “joint custody”). Another common misconception is that child support will change depending on the amount of days the child spends with each of the parents in a Joint Physical Custodial relationship. In neither case is Child Support changed. There is only one factor that will change the amount of child support paid and that is income of the parents. Let’s define some terms to make this easier to understand.1. Fathers and Mothers Monthly Gross Income: This is monthly gross income the father and Mother makes. This can be calculated by past performance using documents such as tax return or pay stubs. In the event that no documentation is available then the amount can be calculated on what the reasonable ability of the parent has to earn income. The following example shows a father’s income of 3500.00 and a mother’s income of 2500.00 for a total income of 6000.00. 2. Total Combined Child Support: After combining both parents income a calculation is completed using tables set by the state to determine the “Total Child Support” amount. This is the amount that the Law says you must use as support for your children. This amount is the same whether you agree to a sole custodial arrangement or a joint physical custodial arrangement. In this example the calculation came to 1400.00 3. Mothers and Fathers Separate Portion of Child Support: Of the Total Child Support amount, each parent is responsible for contributing their portion. The amount each parent pays is directly proportional to the amount of income that parent makes. In this example the father makes 59% of the total combined income and is required to pay 59% of the Total Child Support or 815.00. The mother makes 41% of the total combined income and is required to pay 41% of the Total Child Support or 582.00. 4. Direct vs. Indirect payment of Child Support: This is where most couples misunderstand how child support works. There are two ways your children will receive support for their needs from Mom and Dad. The first way is what we call Indirect Support. This is when a parent incurs an expense for basic needs of the child. This would include providing shelter in the form of a house payment or rent, gas for transportation, the purchase of food and clothing, haircuts and all other needs the child might have. The second way a child will receive support is what we call Direct Support. This is when a parent makes a direct cash payment to the other parent to help pay for all of the expenses for the child. This is an example of indirect child support expenses that might be incurred totaling $1400.00 To further illustrate we will compare the above family that has a sole custody arrangement and the same family with a joint physical custody arrangement. Sole Custody Example:Lets use the previous example. This mother and father have a combined income of 6000.00 with the father making 3500.00 and the mother making 2500.00. There are 3 kids and both parents have agreed to a sole custody arrangement with the mother. Both parents will be required to pay child support. The mother will be required to pay 582.00 in child support and the father will pay 812.00 (remember this was calculated using their incomes). Because the children will be spending most of the time with mom, naturally she will be incurring most of the day-to-day indirect expenses. Moms grocery bill will be higher, her utilities will be higher, her auto expenses will be higher even her housing expenses will be higher. It is easy to see how her 582.00 portion of child support will be eaten up quite quickly. This is when the direct support from Dad will be needed to help. Once again this is paid directly from Dad to Mom and Mom then applies that money in the areas it is needed. This same scenario can be used if we reverse the sole custody arrangement but instead Dad is the custodial parent. Dad would now use his portion of the child support of 812.00 for the indirect expenses, and mom would pay 582.00 in direct support directly to dad. Joint Physical CustodyNow lets assume that both parents agree that a joint custody arrangement will be the best for the children and that the children will spend 182 days with mom in a year and 183 days with dad. Now in this case as opposed to sole custody, dad is going to have the kids half of the year which means that his indirect expenses for the kids will go up and moms will go down compared to if she had sole custody. In this case using the joint income of 6000.00 (notice we still have a combined child support obligation of 1400.00-it has not changed from sole custody to joint custody) with mom earning 2500.00 per month and dad earning 3500.00 the amount of direct support will change. Who will pay the direct support (mom or dad) once again depends on the amount of days the kids spend with each parent and the amount of income. In this particular case, dad would be paying about 100.00 to mom. The bottom line is the same amount of total child support is paid from each parent no matter what type custody arrangement is chosen or how many days the children spend with either parent. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
My Spouse Left The Statue With My Child, What Do I Do? Filing Your Tax Return During Divorce Proceedings In Utah How To Prepare Your Kids For Divorce What Types Of Spousal Support Am I Eligible For? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Is The Child Support Obligation Calculated? first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/how-is-the-child-support-obligation-calculated/
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For most people, a bankruptcy lawyer is an indispensable part of filing for bankruptcy, going through bankruptcy proceedings and recovering after discharge is complete. A bankruptcy attorney has several functions throughout the process and can help a client determine the best courses of action. Bankruptcy is a very complex legal procedure, and bankruptcy courts are not tolerant of mistakes. Even slight mistakes may cause a judge to dismiss the case or cause the person filing to lose important assets, such as a home or car. Experienced attorneys make sure that no mistakes are made and clients’ assets are protected to the full extent of the law. Bankruptcy Attorneys Help You Understand What Bankruptcy IsOne of the most important functions of a bankruptcy attorney is explaining bankruptcy to clients. Before speaking to an attorney, most people have only a vague understanding of bankruptcy law. They know that it can help them erase debt, but they are not fully aware of the consequences and available options. Bankruptcy may not be the right decision in every situation. For some individuals, debt settlement may be more beneficial, and most bankruptcy lawyers can start such a program. Not everyone is aware that individuals have a choice of two different types of bankruptcy: chapter 7 and chapter 13. Both types have different sets of benefits, but one is almost always a better choice over the other when considering an individual’s specific situation. We even have zero down options. Chapter 7 BankruptcyChapter 7 bankruptcy is sometimes referred to as straight bankruptcy, but it is also known as liquidation bankruptcy. In chapter 7, the debtor agrees that his or her assets will be sold, and the proceeds will be split amongst the creditors. Certain personal assets are protected, such as a level of equity in a home, a personal vehicle and personal effects. Even if the value of the assets falls short of the money owed, the total debt is discharged. Chapter 7 bankruptcy usually only takes a few months, and it eliminates nearly all forms of unsecured debt. Chapter 13 BankruptcyChapter 13 bankruptcy is also known as debt adjustment bankruptcy. It is actually a form of debt consolidation mandated through the court. In chapter 13 bankruptcy, debts are consolidated and adjusted so that the debtor makes a single monthly payment for three to five years. At the end of the term, the debts are fully settled. This type of bankruptcy is very advantageous for those who have a steady income and assets they would like to protect. Explaining the Bankruptcy ProcessBankruptcy lawyers handle every phase of the bankruptcy process. In chapter 7 bankruptcy, the process begins with an approved class for credit counseling. An attorney will set up an appointment for this to be done. Once it is completed, it is time to prepare the petition and supporting documents. In some cases, the petition can be up to 60 pages in length. After the petition is filed, creditors are barred from contacting a debtor. If a creditor does contact the debtor, an attorney can usually prevent that specific creditor from doing so again. The next step in the process is the meeting of creditors with the trustee. The trustee is in charge of handling the details of the bankruptcy case. It is the trustee that usually makes the decisions in a bankruptcy case because the judge rarely goes against the trustee’s recommendations. If any creditors object to the debt discharge, an attorney can defend a debtor’s position. After the meeting of creditors is settled, the debtor must take a financial management course before the discharge is complete. Filing without an AttorneyFiling personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice. The following is a list of ways your lawyer can help you with your case. Pro se litigants are expected to follow the rules and procedures in federal courts and should be familiar with the United States Bankruptcy Code the Federal Rules of Bankruptcy Procedure and the local rules of the court in which the case is filed. Local rules, along with other useful information, are posted on the court’s website and are available at the local court’s intake counter. Court employees and bankruptcy judges are prohibited by law from offering legal advice. Bankruptcy Forms are available to the public free of charge. • Use the forms that are numbered in the 100 series to file bankruptcy for individuals or married couples. Non-attorney Petition PreparersIf you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court. A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees. How Bankruptcy Works in UtahIn most respects, filing for bankruptcy in Utah isn’t any different than filing in another state. The bankruptcy process falls under federal law, not Utah state law, and it works by unwinding the contracts between you and your creditors—that’s what gives you a fresh start. But Utah’s laws come into play, too, in a significant way. They determine the property you can keep in your bankruptcy case. You’ll also need to know other filing information, which we explain after going over some basics. Choosing the Right Bankruptcy Chapter For You in UtahChapter 7 is often a bankruptcy filer’s first choice for several reasons. It’s quick—it only takes a few months to complete. And it’s cheap, you don’t pay anything to creditors. It works well for those of us whose property consists of the essential items needed to live and work. People with more assets could lose them, however, especially if they own unnecessary luxury items. Unlike Chapter 13, Chapter 7 doesn’t have a payment plan option for catching up on late mortgage or car payments. So you could lose your home or car if you’re behind when you file. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7. For instance, not only do you keep all of your property, but you can save your home from foreclosure or your car from repossession. If you need time to repay a debt you can’t discharge in bankruptcy, you can use this chapter to force a creditor into a payment plan. It can be expensive. Many people can’t afford the monthly payment. Will Filing Bankruptcy in Utah Erase My Debts?Bankruptcy wipes out many bills, like credit card balances, overdue utility payments, medical bills, personal loans, and more. You can even get rid of a mortgage or car payment if you’re willing to give up the house or car that secures the debt. (Putting property up as collateral creates a “secured debt”—if you don’t pay what you owe, the lender gets to take the property back.) But you can’t discharge all debts. Non-dischargeable debts, like domestic support arrearages and recent tax debt, won’t go away in bankruptcy, and student loans aren’t easy to wipe out (you’d have to win a separate lawsuit). You’ll want to be sure that bankruptcy will discharge (get rid of) enough bills to make it worth your while. Keeping Property When Filing Bankruptcy in UtahYou won’t lose everything in bankruptcy. You’ll use your state bankruptcy exemption laws to protect your property. We list the significant exemptions below, but first, understanding the following will help you maximize what you’ll keep in your case. • Exempt and nonexempt property. You can keep property protected by an exemption or “exempt” property. When a bankruptcy exemption doesn’t cover the property, you’ll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan. Utah Motor Vehicle ExemptionYou can protect up to $3,000 of equity in a car, van, motorcycle, truck, SUV, or another motor vehicle. (Utah Code Ann. § 78B-5-506(3).) Other Utah Exemptions• Personal property. Animals, books, and musical instruments up to $1,000 total; artwork depicting or produced by a family member; bed, bedding, and carpets; burial plot; clothing (but not furs or jewelry); dining and kitchen tables and chairs up to $1,000 total; any three of the following firearms: shotgun, handgun, shoulder arm and 1,000 rounds of ammunition for each firearm; food to last one year; health aids; heirlooms up to $1,000 total; personal injury and wrongful death recoveries for you or someone you depended on; proceeds from sold, lost, or damaged exempt property; refrigerator, freezer, microwave, stove, sewing machine, washer, and dryer, sofas, chairs, and other furniture up to $1,000 total. • Pensions. ERISA-qualified benefits, IRAs, Roth IRA, if the benefits have accrued or the contributions were made at least one year before you filed for bankruptcy other pensions and annuities that you need for support • Public benefits. Crime victims’ compensation. general assistance occupational disease disability benefits; unemployment compensation, veteran’s benefit workers’ compensation • Tools of the trade. Tools, books, and implements used in your trade or profession up to $5,000. • Wages. Unpaid earnings due as of the bankruptcy filing. • Insurance. Disability, illness, medical, surgical, or hospital benefits fraternal benefit society benefits; life insurance policy cash surrender value, but not payments you’ve made on policy within the year before filing; life insurance proceeds if the beneficiary is the insured’s spouse or dependent and if the proceeds are needed for support • Miscellaneous. Alimony that you need for support. Preventing Bankruptcy Exemption ProblemsExempt your property carefully. The bankruptcy trustee—the court-appointed official assigned to manage your case will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property. Example. Mason owns a rare, classic car worth $15,000, but the state vehicle exemption doesn’t cover it entirely. Believing that the car qualifies as art—at least in his mind—Mason exempts it using his state’s unlimited artwork exemption. The trustee disagrees with Mason’s characterization and files an objection with the court. The judge will likely decide the vehicle doesn’t qualify as art. Purposefully making inaccurate statements could be considered fraudulent. Bankruptcy fraud is punishable by up to $250,000, 20 years in prison, or both. Qualifying for Bankruptcy in UtahIf you’ve never filed for bankruptcy before, you’ll meet the initial requirement. Otherwise, check whether enough time has passed to allow you to file again. The waiting period varies depending on the chapter previously filed and the chapter you plan to file. Learn more about multiple bankruptcy filings. You’ll also need to meet specific chapter qualifications.You’ll qualify for Chapter 7 bankruptcy if your family’s gross income is lower than the median income for the same size family in your state. Add all gross income earned during the last six months and multiply it by two. Compare the figure to the income charts on the U.S. Trustee’s website (select “Means Testing Information”). Want an easy way to do this online? Use the Quick Median Income Test. If you find that you make too much, you still might qualify after taking the second part of the “means test.” If, after subtracting expenses, you don’t have enough remaining to pay into a Chapter 13 plan, you’ll qualify for Chapter 7. Qualifying for Chapter 13 can be an expensive proposition because the extra benefits come at a hefty price, and many people can’t afford the monthly payment. To qualify, you’ll pay the larger of: • your priority nondischargeable debt Free Bankruptcy ConsultationIt’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
How Is Child Custody Determined? Is A Foreclosure Better Or A Short Sale? My Spouse Left The State With My Child, What Do I Do? What Types Of Spousal Support Am I Eligible For? Bankruptcy Lawyer in St. George UtahBankruptcy Lawyer in Ogden UtahThe post Bankruptcy Lawyers In UT first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/bankruptcy-lawyers-in-ut/ Who gets custody of a child in divorce Salt Lake City? This was asked once: My husband has left me and my son, who is 8 years old. I am working as a nurse and I need an attorney, so I had to go as mediator with the lawyer for the child. The mediator decided that I should have custody of the child because my husband was living with someone else and he has been abusing drugs. I haven’t seen him since he left us 2 months ago, but the social worker told me that I will be receiving a letter from him wanting visitation rights. I want to know if he wants to see my son, what can I do about it? Can he even ask for visitation rights? When a couple decides to get a divorce, one of the first things they must decide is who gets custody of their children. In Utah (as in most states), the best interests of the child are what matter most in determining custody. The best interests of the child may not be obvious, however. For example, a parent may claim that it is better for the child to live with him or her because he or she is better able to provide financial support or educational opportunities. But if one parent can show that the other parent’s house is a more nurturing environment, then the judge might decide that it is in the best interests of the child to live with that parent. Or if one parent has a history of alcoholism or drug abuse, but has been sober for some time, then it might be in the best interests of the child to live with that parent rather than with someone who does not have that issue under control. If you are getting a divorce in salt lake city, the first thing you have to decide is: who gets custody of the children. This is not as simple as it may sound. For example, if one parent has been abusive to the child, then the other parent might get custody even if he or she has no plans for child support or being involved in their life. That’s because children are treated as unable to choose which parent they want to live with. If a parent and a court thinks that it’s necessary, then they can make the decision for them. Tension between parents can sometimes lead to a court deciding to give temporary custody to someone else, like an aunt or uncle. This helps keep the two parents from fighting in front of the kids, who could get confused and upset. But even if this happens, it doesn’t mean that this person will be able to keep permanent control over the kids. In most cases, the court gives temporary custody only until things calm down. This doesn’t mean that your ex-spouse can’t take your kids on vacation for a week without telling you about it. Unless there are very special circumstances involved, every parent has both legal and moral rights that allow him or her to make decisions about their children without consulting When parents divorce, who does the child live with? It’s a loaded question, of course. The word custody conjures up images of children being kidnapped in custody battles. In Utah and nationwide, courts use a standard called “the best interest of the child.” Judges consider factors such as the age of the child and each parent’s ability to provide financially. They also consider which parent is more likely to foster a relationship between the child and the other parent. Custody issues are often contentious, but they don’t have to be, if you follow the advice of attorneys working on family law issues in Salt Lake County. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
How Much Alimony Can I Expect To Pay? If I Put My Child Up For Adoption Can I Change My Mind Later? How To Pay Off High Interest Credit Card Debt Power of Attorney Inheritance and Name Change Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Who Gets Custody Of Child In Divorce Salt Lake first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/who-gets-custody-of-child-in-divorce-salt-lake/ Nominating a Power of Attorney is a crucial aspect to any Estate Plan. After all, this allows someone to make medical, financial, and other important life decisions on your behalf in the event you are unable to do so. It is important to choose someone you trust for the role, and for them to accept the responsibility. As you consider who to select, it can be helpful to understand the power of attorney rights and limitations. This will help illustrate exactly what your POA can and can’t do — which can help provide more context as you begin Estate Planning. Keep reading to learn more about the following: How Does Power of Attorney Work?Power of Attorney works by allowing someone to make important decisions on your behalf, should you become incapacitated or medically unable to do so. The purpose of officially nominating a POA is to ensure that someone can act on your behalf in a timely manner should they ever need to. Without a POA, your family will typically have to go to court to appoint a guardian to handle these duties. What Rights Does a Power of Attorney Have?A Power of Attorney, often referred to as the Agent, has the right to make important life decisions on behalf of the person who nominated them, referred to as the Principal. Here are just some of the power of attorney duties: Why Do Names Matter In Estate Planning?First and foremost, your name matters because you are the one creating the documents. If I have a power of attorney that says it was made by John Jones (instead of John Doe), that document simply won’t work the way I want it to. Names also matter because your estate planning documents generally list people (1) to make decisions for you during your lifetime, if you cannot, and (2) to receive your “stuff” after your death. That’s really the core of what estate planning means. Because there is nothing new under the sun, a lot of people have the same or similar names. How does this affect your estate plan? Attorneys often include additional information in estate planning documents to help identify the people named as your beneficiaries or representatives. For instance, your will might provide, “My house shall be distributed to my only daughter, Mary C. Doe.” Even if Mary changes her name, you can be pretty certain that your executor and the probate court will understand or be able to easily figure out who you are referring to, since she is your only daughter. That’s the main rule of thumb: As long as anyone can confidently identify the person named in your estate planning document, it is generally alright to leave the document the way it is. Think of it from a practical perspective. After all, estate planning documents are created to be used. What potential problems could someone have in using your estate plan? If a name change would not cause any problems, then you may not need to change anything. On the other hand, you want to make sure your estate planning documents work. If a name change could cause problems, delays, or other difficulties, a change can be a good idea. When You Should Consider Updating Your Estate Plan?I should go ahead and dispel a common myth: You do not need to amend your estate planning documents anytime something changes in your life. There are a lot of reasons why you should update your estate plan, but you should always talk with an attorney to see if a change is even necessary. That being said, name changes are a big deal. Here are a few scenarios in which it may be a good idea (or even necessary) to update your estate plan: Example 1. Let’s say your durable power of attorney appoints your daughter, Mary C. Doe, as your medical attorney-in-fact (i.e., the person who gets to make medical decisions for you). She then gets married and changes her name to Mary Doe Johnson (or Mary D. Johnson). The name change is reflected on her driver’s license and other forms of identification. If Mary needs to act as your attorney-in-fact (e.g., talk to your doctor, get copies of your medical records, and consent to a medical procedure), will your health care provider recognize her as the person granted that authority in your medical power of attorney? With medical professionals so concerned about privacy (as they should be), there is a good chance that such a different name could give them pause before talking with your daughter. After all, how do they know that Mary is who she claims she is? Mary might be able to sort things out — for instance, she could show her marriage license or court papers establishing her name change. But who keeps those documents on them all the time? And considering that a medical power of attorney is often used in connection with emergency situations, you want to work EXACTLY when you need it. No delays. So in this case, your daughter’s name change might make an estate planning update advisable, to help ensure there will be no problems identifying her. Example 2. Another situation in which you might want to update your estate planning documents is when your representative or beneficiary has a common (or, at least, not one-of-a-kind) name. This isn’t really due to name change but rather a fact of life. If your son is named John Smith, how do third parties (a bank, a hospital, a closing company, etc.) know that the John Smith standing in front of them trying to withdraw money from your bank account or trying to access your medical records is the same John Smith named in your documents? Again, you want your estate planning documents to work when they need to work. Amending your estate plan to include a relationship (“…my nephew, John Smith…”) or a birthday (“…my nephew, John Smith, born January 1, 1980…”) can help clear up any doubts the common name might raise. Remember earlier when I said that the key with names in estate planning documents is to make sure you provide sufficient clarity so that anyone can confidently identify the beneficiary or representative named? When it comes to common names, consider the opposite: If a third party might have any doubts that the person named in your estate planning document is the person try to use that document, you may want to update your estate plan to help minimize those concerns. If you are reading this article and thinking, “Hmm, my last will and testament might be a little vague. I think I’ll write a note on it that provides more information,” — STOP. Making notes, adding language, crossing out words, or making any other changes to might invalidate that estate planning document. Instead, as with all things legal advice, consult with a qualified estate planning attorney to make sure that any changes are made in the proper way. Amending a power of attorney (POA)If you decide that you want to make a change to your POA you will need to tell your estate attorney. The POA can only be amended by you, the granter, if you are capable of making and understanding this decision. Types of AmendmentsThere are 2 types of amendments; What Is A Simple Amendment?This covers straight forward administrative amendments, such as a change of name or an address. You will need to provide your attorney with written details of the change that is to be made. It is very important that our records are kept up to date and that you tell us if the granter or any attorney changes address. A form provided if it involves a change of address. The amendment will become effective on the date it’s registered by your attorney. What Is A Full Deed Of Amendment?A full deed of amendment covers situations where you, i.e. the granter, wish to add a joint or substitute attorney, or amend the terms of a particular power or add extra powers etc. A fee is charged for registering the amendment. You will need to inform your attorney about the amendment you want to make in the form of a ‘deed of amendment’. This document can be typed or handwritten. You should state clearly what is to be amended and sign and date the document. There is no set style for this notice. Please remember to specify which POA the amendment applies to. You should be aware that when the amendment is registered, that a copy of your deed of amendment will be attached to the new certificate of registration and copy of the initial POA document. Some amendments can be complicated to apply, however this will depend on the extent of the changes you wish to make. It is often easier and it costs the same, for the old POA to be revoked and a new POA registered in its place. Having a new POA may help to avoid any confusion or misinterpretation when an attorney is exercising their powers. Adding A New AttorneyIf new attorneys are being added, they will need to confirm in writing that they are willing to act. If they are given continuing powers i.e. financial related powers, they must also confirm they are not currently declared bankrupt. Substitute attorneys only need to provide confirmation when they become active. When Is An Amendment Not Suitable?If a POA has been terminated an amendment cannot be made. Situations where a POA is terminated include: What Happens if a Beneficiary Is in a Maiden Name?Individuals often draft their estate plans many years in advance. Wills, trusts, life insurance, retirement accounts, and other legal documents bear the names of beneficiaries, and it’s not unusual for these names to change between the drafting of a document and its enforcement. When a grantor dies, their legal documents might name individuals who have since married, divorced, or even been adopted, therefore having their maiden name changed. Wills and TrustsWills and trusts allow a grantor to name beneficiaries to receive assets after the grantor dies. The law recognizes that life circumstances, including marriage and divorce, result in the changing of maiden names, and the law aims to enforce the wishes of the deceased. If the identity of the intended beneficiary is clear, the law enforces the will or trust regardless of the party’s current name. Other Financial and Legal DocumentsSimilar to wills and trusts, other financial and legal documents naming beneficiaries seek to transfer the assets to the intended beneficiary upon the death of the original owner of the asset. Often, the document identifies how an individual with a changed named must prove their identity. Beneficiaries must provide the financial institution any documents required to receive the assets as intended. Remember, this process may be new to you, but financial institutions make these types of transfers every day. The institution has individuals whose job it is to make these transfers, not to question or fight an intended beneficiary. Methods of ProofWhen a beneficiary’s maiden name has changed, a marriage certificate or copy of a divorce decree is sufficient to show the name change and prove the party is actually the intended beneficiary. If those documents are not available for some reason, affidavits from disinterested third parties can prove the name change and that the individual is, in fact, the person named as the beneficiary. In a perfect world, every grantor updates their documents with correct names and addresses. Clarifying the name of the desired beneficiary avoids any possible confusion in the future. In fact, parties should periodically review any estate plan. Grantors should not treat estate plans as something forgotten once executed. However, the law recognizes that updating estate plans and other financial and legal documents is not something on the top of everyone’s to-do list. The law prefers to connect these dots easily and see that the intended beneficiary receives the assets left to them upon the death of the original owner. A beneficiary whose maiden name has changed can prove their identity by producing a marriage certificate, divorce decree, or affidavit. Once the court sees appropriate documentation, it can distribute the funds, property, or other assets to the desired beneficiary. Free Consultation For A Power of AttorneyIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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Appeals And Motions To Modify Divorce Decree I Got A New Job, Can I Still File Bankruptcy? How Much Alimony Can I Expect To Pay? Discharging Student Loans In Bankruptcy If I Put My Child Up For Adoption, Can I Change My Mind Later? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Power of Attorney Inheritance and Name Change first appeared on Michael Anderson.via Michael Anderson https://www.ascentlawfirm.com/power-of-attorney-inheritance-and-name-change/ |
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