Yesterday, while meeting with a client about a divorce, I usually ask the question at then end of our meeting, if there was anything else I could answer or help him with.
His response was: “do you know a good bankruptcy lawyer?” – Well, yes, in fact I do… we do bankruptcies in our office! Of course with 4 lawyers in the office, we cover a wide range of legal cases. From divorce and custody battles to even chapter 7 and chapter 13 bankruptcy cases.
I have often found that divorce and custody cases can place a financial toll on people. Obviously, if you have little kids you should fight to protect them and take care of them. You also shouldn’t just walk away in a divorce case and give the other side everything they want — that can often lead to disaster.
I’ve seen time and again cases where one spouse just gives up and they can not only lose hundreds of thousands of dollars, but custody of their children as well. Point being – don’t give up.
If you are having a financial hardship you should not only speak to your lawyer about it, but you should talk to your mom, dad, brother, sister, aunt, uncle, cousins, and close friends. I’ve seen many families come together and help each other in tough cases such as these.
You know, sometimes life can be hard, difficult even, just to get through each day. Hardships come to each of us in different ways. No one is immune from having marital trouble or financial trouble.
One of our clients was diagnosed with cancer recently. She’s 54 years old. Her children are all grown, but cancer can costs tens of thousands of dollars to battle, even if you have o.k. insurance. Her husband lost his job due to no fault of his own – the company he worked for downsized. They were smart though, they had saved some money and put some away into retirement accounts as they went along through life. Well, their savings got them almost 2 years before they had to file for bankruptcy.
It’s a part of life sometimes. You just can’t pick and choose what trials come your way.
So, yes, if you need divorce and bankruptcy help, you’ve come to the right place, you should give us a call for your free initial consultation. We are happy to help you and lend a caring hand and heart to your troubles.
If you want additional information about Chapter 7 Bankruptcy or about Chapter 13 Bankruptcy you can click on those links and read an interview that I did on the main differences in those types of cases that are found on that website.
I hope that you found this information helpful. Remember, don’t quit, don’t give up. When the tough times come, make sure that you do your very best to pick yourself up and move forward.
We are here to help you do that.
Thanks for visiting and we’ll see you soon.
divorce and bankruptcy
Michael R. Anderson, JD
Attorney and Counselor at Law
Phone: 801-676-5506
http://ow.ly/n7NB304fpTk What Should I Do If DCFS has begun an examination versus me?
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I have fees versus me from DCFS, I have court quickly. DCFS has removed our youngsters from my treatment and I require help. What ought to I do.
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Take a deep breath. Even if an instance has been submitted does not mean that you will certainly lose your children permanently. Every DCFS instance is various and the most important point that you can do is obtain a DCFS lawyer to represent you immediately. You should obtain help. You need to refrain this alone. Thats could be going on in your instance be extremely vast. At the start of the investigation, before an instance is commenced, there is typically a treatment plan that will certainly be produced for you from DCFS. If you authorized this plan as well as agree to it, your lawyer would need a copy of it when you could get it. Your lawyer additionally should obtain any type of and also all info regarding your situation. The attorneys will need a copy of the legal action papers. Obtain those with each other and also get them over to us to review when you can. DCFS instances could be intricate, so you should move rapidly. We are right here to help you.
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How does DCFS acquire custody of a child?
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1. Warrant: The Juvenile Court court could provide a warrant to remove a child from their house since DCFS demands the warrant throughout a child abuse/neglect examination.
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2. Emergency situation Situations: In emergency scenarios, DCFS or law enforcement can remove without a warrant if they determine the child would certainly not be safe staying in the treatment of their moms and dads or caretaker.
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3. Court Ordered: The court could get custody of the child to DCFS due to the fact that there is a threat of damage to the child or the child is ungovernable or has actually committed delinquent acts. In these scenarios, parents are alerted in the court hearing that their child will certainly be eliminated from their custody.
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4. Voluntary Adult Approval: The parent voluntarily authorizations, in creating, to the removal of the child. This takes place when the parent feels they are not efficient in caring for the child.
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How much time do I need to obtain my youngsters back?
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Despite just how DCFS acquires custody of a child, the following standards from Utah State Law must be met:
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For a child 36 months old or younger, the parent/guardian has 8 months to show they have made substantial initiatives to follow the child as well as family members plan in order for the child to be gone back to them.
For a child 37 months of age or older, the parent/guardian has 12 months to show they have made substantial initiatives to abide by the child and also family strategy.
At eight or 12 months (depending on the age of the child), the adolescent court is called for to hold a court hearing, called a “permanency hearing,” in order to establish whether the parent/guardian has actually made considerable initiatives to adhere to the child as well as family plan.
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The court will also identify whether the child’s key objective will certainly continue to be reunification with the parent, or whether it will certainly alter to one more alternative.
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At the permanency hearing, the judge may enable as much as a 90-day expansion (to proceed pursuing reunification) to the parent if they show considerable efforts to conform and also DCFS records that reunification in between the child as well as parent is probable within the 90 days.
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In no event might any type of reunification services extend beyond 15 months from the date the child was initially eliminated.
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If the time gaps and the court finds that the family has not made enough progression with the child and household plan, choices for the child include:
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Fostering
Guardianship approved to a loved one or various other celebration
Retention captive while DCFS pursues one more irreversible arrangement
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Just what is a DCFS delinquency situation?
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In some cases, a court could purchase custody of a child to DCFS when the child has been brought on trial on delinquency fees, but the judge does not really feel the concerns climb to the degree of putting the child in the juvenile justice system. The judge could really feel that the child and household would profit much more from support as well as services offered by DCFS instead of JJS.
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JJS could not take custody of a child under the age of 12. A court might get custody of a child under 12 to DCFS. When this happens, DCFS provides replacement treatment of the child for factors of misbehavior as opposed to misuse or forget.
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Timelines for reunification between the child and the moms and dads do not apply on delinquency cases similarly they carry out in situations of abuse and also forget. The child will certainly be returned home when they have actually shown they have actually made substantial progress taking care of the problems that brought about the delinquency charges and they can securely continue to be in the residence.
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If you want a 5 star rated DCFS and child custody lawyers in Utah Pick up the phone and dial 801-676-7309 — address : 8833 S Redwood Road, West Jordon, Utah 84088
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The Absolute Best DCFS Child Custody Lawyer in Draper UT is here to help you in your lonely situation. Let me know if you found this video useful.
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This video is for you if you need the most aggressive child custody lawyer in West Jordan Utah and how to contact him.
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#FightDCFSÂ This applies to you if you live in South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Taylorsville, Midvale, Riverton, Draper, Copperton, West Jordan, Magna, Alpine, Lehi, Tooele, Murray City, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, West Valley City, Sandy City, West Jordan, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville.
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Click on this link to hear from the best DCFS Lawyer in Utah.
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Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah84088United States
Telephone: (801) 876-5875
If you are here, you are very likely interested in the Alimony Calculator Utah and to be honest, there really isn’t one.
Today I was asked about the alimony calculator that we use in the State of Utah. What’s amusing about that is that we do not have an alimony calculator in Utah. We simply figure out if one spouse has an economic need and also if the various other partner has the capacity to meet that financial requirement. That is the test that the court commissioners as well as courts make use of in Utah when they identify whether alimony is ideal. The very best point to do to figure out whether you will certainly get spousal support in your divorce instance is to submit as well as finish an economic statement kind. As soon as that is filed out, we can identify whether you have an economic need monthly. If your expenses every month are more than your revenue, you have a monetary need. The next action is to make certain that your partner can satisfy your requirement by paying you spousal support each month. We’ll check out his monetary statement to determine that.
When a married couple gets a separation, the court might honor “alimony” or spousal support to one of the previous partners, based either on an agreement between the couple or a decision by the court itself. The following is a conversation of the essentials of spousal support as well as spousal assistance. For even more basics on spousal support, call the law firm listed in this short article. They will certainly offer you a free examination on spousal support in separation instances.
Why Spousal support?
The function of alimony is to limit any kind of unjust economic impacts of a divorce by supplying a proceeding earnings to a non-wage-earning or lower-wage-earning partner. Part of the reason is that a person partner may have opted to forego a job to sustain the family, and requires time to create task skills to sustain his or herself. Another purpose might be in order to help a spouse proceed the criterion of living they had during marriage.
How is the Quantity of Spousal support Determined?
Unlike child assistance, which in most states is mandated inning accordance with very details financial guidelines, courts have broad discretion in determining whether to honor alimony and, if so, how much as well as for how long. The Attire Marital relationship and also Separation Act, on which several states’ spousal support laws are based, suggests that courts think about the list below factors in choosing concerning spousal support honors:
The age, physical problem, emotional state, as well as economic problem of the former spouses;
The size of time the recipient would need for education and learning or training to become self-sufficient;
The pair’s criterion of living throughout the marriage;
The size of the marital relationship; as well as
The capability of the payer spouse to support the recipient and also still support himself or herself.
Always remember about the previously evaluation I explained over that is pointed out about monetary demand. If you can’t show an economic demand, you will not obtain spousal support.
Spousal support as well as Support Orders
Awards may be tough to approximate, whether the payer spouse will comply with a support order is also harder to assess. Alimony enforcement is not like child-support enforcement, which has the “teeth” of wage garnishment, liens, and other enforcement devices. The recipient could, however, go back to court in a ridicule continuing to compel repayment. Due to the fact that spousal support could be granted with a court order, the devices readily available for implementing any court order are offered to a former spouse who is owed spousal support.
For how long Must Alimony Be Paid?
Spousal support is frequently considered rehabilitative which indicates that it is bought for just as long as is essential for the recipient partner to get training and end up being self-supporting. If the separation decree does not define a spousal assistance termination date, the repayments have to continue until the court orders otherwise. Many awards end if the recipient remarries. Discontinuation after the payer’s fatality is not necessarily automatic; in instances where the recipient spouse is not likely to acquire lucrative work, due possibly to age or health factors to consider, the court could order that more support be given from the payer’s estate or life insurance policy earnings.
You should watch this video about alimony in Utah where I explain how it works:
Alimony Trends
In the past, many alimony awards offered settlements to former other halves by previous spouses who earned all the money in the household. As the culture has actually altered, to ensure that now most marriages include 2 wage earners, females are viewed as less reliant, and guys are most likely to be main parents, the courts and spousal assistance awards have kept pace. An increasing number of, the custom of guys paying and also females receiving spousal support is being deteriorated, as well as orders of alimony payments from ex-wife to ex-husband are on the increase.
Free Legal Instance Review from a Household Law Lawyer
The issue of spousal support will certainly show up in many divorces, whether with out-of-court settlements, or in a separation test. In order to understand your options, you need to talk about the opportunity of paying or receiving spousal support with a separation attorney in your location today. An experienced separation attorney will review your situation at no first cost to you.
Call us today 801-676-5506 for your free initial consultation.
Thanks for visiting.
Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 876-5875
In Utah, the vital estate preparing files are a revocable living trust, a last will as well as testament, a general long lasting power of attorney and a healthcare directive. These 4 files constitute the crucial estate preparing papers. Now, certainly you might need additional documents depending on your specific situation. If you have a child that is disabled, you may require a special needs trust to shield that child’s government benefits in the future. If you have a child that make poor choices and would blow their entire inheritance; then, you ought to consider a spend-thrift trust as well as have a separate trustee. There are lots of points that could make an estate strategy complex and also points you could do to earn it simple. Each scenario is various so what works for one pair highly likely may not help another. For this reason you need to meet with a skilled lawyer who concentrates on estate planning in Utah. For a cost-free initial assessment, please contact our office. We would enjoy to address all your questions and also take you with the whole process. Watch this:
When the estate strategy is applied, you either have to maintain your lawyer as the manager of your trust or you need to do it on your own. If you don’t keep your trust and also estate plan functional, it might not be effective when you require it most – after you are gone. If you have an irreversible life insurance policy trust, certain procedures will be called for to ensure that the desired tax obligation outcomes will be understood. Yearly insurance coverage premiums have to be paid from certain funds as well as not other funds; notices have to be sent to beneficiaries every year; and so forth. If you do refrain from doing what you should in order to maintain the insurance coverage rely on conformity with the law, you will certainly get penalize as well as ultimately, whatever could fall apart after you pass away.
Whatever advanced estate preparation method you have actually taken on, you ought to ask your lawyer to offer you with a listing of things for which you are accountable for. Just the most standard of estate plans call for little initiative to keep in conformity. The reality is – you or your legal representative must keep every little thing in compliance with the law to avoid troubles.
Furthermore, you could think that a particular estate planning strategy could be reversed if it does not end up the way you assumed it would. We have actually seen this take place a few times in our office. While some entities, like an LLC, firm, partnership and also restricted partnerships could be dissolved, various other entities, like unalterable trusts, often could not. Likewise, when a gift has actually been finished, it usually can not be revoked. When you get rid of a possession, occasionally it is impossible to transform exactly what you have actually done.
Unforeseen situations usually occur after a client completes an estate planning purchase. For instance, you might choose to place your home in a Certified Personal Home Trust, positive that you will not be selling the residence for many years. If, nevertheless, you later make a decision that you should sell it prior to the term has actually ended, you will get irritated at the complexity that is associated with doing that transaction. This is one of the main reasons you should have a really good lawyer in your corner.
Before completing an estate plan, you must constantly ask us whether you could reverse what you have done.
You should contact aggressive estate and probatelawyer in Utah who also does trusts Call if you’re ready 801-676-5506 – the address : 8833 So. Redwood Rd, West Jordan, Utah 84088
Top reviewed memory loss Lawyer in Tooele UT is here to aid you in your trying case. I think we did a good job in this video explaining that you need estate Planning now.
#UtahEstateLawyer This applies to you if you need estate planning in South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Taylorsville, Midvale, Riverton, Draper, Copperton, West Jordan, Magna, Alpine, Lehi, Tooele, Murray City, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, West Valley City, Sandy City, West Jordan, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville.
I was asked today, what is family law and what does a family law attorney do?
Great questions.
Family law includes pretty much anything and everything that has to do with the family as it relates to the law. Think of marriage relationships and parent child relationships and grandparent relationships. Anytime there is something that happens with regards to those rights, a family law attorney is where you need to go.
Some of the more common things that people think about when they think of family law is:
Divorce
Child Custody
Child Visitation Rights
Grandparents’ Rights
Adoptions
Guardianship
DCFS cases (Utah Department of Child and Family Services)
Domestic Violence cases
and Restraining Orders.
All of these main types of cases exist in the family law arena. Now, there are other types of cases that we do that include family law, these are just the main areas and those that you will hear about all the time.
Think of divorce cases. There are also what we call annulment cases. A divorce is when a married couple dissolves the bands of matrimony that bind the couple together legally. In essence you have to go to court and the court, by a Decree of Divorce will terminated or end the marriage. As a part of divorce, the court will divide assets and debts, if there are minor children, address what is in the best interests of the children as it relates to custody and parent time. The court will address all of the other corresponding issues relating to the marriage in a divorce case.
However, an annulment is different than divorce. An annulment is when we have the court declare the marriage null and void. Meaning that the parties technically were never married. It undoes the marriage in reverse. Legally speaking if your marriage is annulled, then it is just like you were never married. Your legal status would be “single” and not “divorced.” Depending on the facts of your case, you may or may not want to get divorced and you may prefer an annulment. Not everyone can qualify for an annulment, so it is best to speak with a competent family law attorney to discuss this type of situation.
Here is a video that discusses annulment:
As to the other areas of law, I hope to address each one in detail in a future blog post. The most important thing you need to know is that if you need legal help in your family, you should call a Utah attorney who regularly does family law. Our law firm has several competent attorneys who are in court each week doing these types of cases. Families are the most important things to us – it makes sense you’d want to do whatever you can to protect your family and your loved-ones.
For more information about Divorce, Child Custody, Child Visitation Rights, Grandparents’ Rights, Adoptions, Guardianship, DCFS cases , Domestic Violence cases or Restraining Orders. Please give me a call. I’m more than happy to help you and your family to the best of my ability –
So, I met with a new client this morning about their custody case. I love meeting with new clients and helping them through the maze of divorce, child custody. and asset division. As an attorney, it’s one thing that I do where I feel like I truly help people.
You’ve had that feeling before, right? Where you help someone? You feel good?
That’s one of the main reasons I do divorce and custody work.
I want to help you.
So, here I am in this consultation this morning.
Very nice lady I’m meeting with.
And she says she wants sole legal custody.
I ask: Why do you want sole legal and not joint legal custody?
….. crickets …..
She had heard that was what she should ask for.
I went into detail what Legal Custody is and means.
Legal Custody in Divorce and Child Custody cases covers 3 things:
1 – ability to make educational decisions for your child.
2 – ability to make medical decisions for your child.
3 – ability to make religions decisions for your child.
Please note that this is not physical custody. Physical custody is literally where the child sleeps at night.
It is very possible for one parent to have sole physical custody and for both parents to have joint physical custody.
Now – I know that some people really do not want their ex-spouse to be able to make these types of decisions with them for their child. Perhaps their ex-spouse was abusive; rude; or obnoxious. Perhaps the ex-spouse lacks good critical thinking skills or common sense.
However, in Utah, it is presumed that the parties to a divorce or custody case should have joint legal custody of their minor children.
That presumption can be overcome.
You should also know that if your ex-spouse is difficult or impossible to deal with. Then you will surely want to get sole legal custody of your kids. Because the moment an educational decision needs to be made – BOOM! – there will be trouble. Then you’ll have to go to mediation or court and fight it out.
The best thing in divorce and custody cases is when the parties can be kind to each other — it does happen sometimes, but doesn’t happen all of the time.
You know your specific situation.
You know whether there will be a fight out religion or a medical decision like braces comes about. You really don’t want to fight about it all of the time.
Eventually, all children grow up and get older. Your kids will see how you act towards your ex-spouse. Hopefully it will be good. If you know fighting is around the corner because your ex still wants to control you or control the family, etc. Then you need to take precautions now and ensure that you ask for sole legal custody rather than joint.
If you’re not sure what to do, talk it out with your divorce lawyer in Utah.
Your divorce attorney will be able to help you determine whether to ask for joint legal or sole legal custody for you in your specific circumstances.
Do you have other questions or concerns about divorce or family law in Utah?
Give us a call for a free consultation:
801-676-5506
Enjoy your day and thanks for reading!
Utah Divorce Lawyer
Mike Anderson JD
P.S. – If you want to read up on the statute, take a look at Utah Code 30-3-10.1 for the definitions of joint legal custody and joint physical custody. You might be surprised what you discover.
TL;DR – joint legal custody in Utah is different than joint physical custody; make sure you know what you want in your divorce or custody case.
A lot has happened over the last few years that makes me want to put a post up here about answering questions.
We love answering questions.
In fact, many of our youtube videos are based on answers to questions that our clients ask us about divorce and child custody in Utah.
Whether you have a question about Father’s Rights or Mother’s Rights when it comes to child; when you have questions about the divorce process or how custody works, you can always visit the youtube channel just click on the link below:
There should be plent of information there for you to review.
This video here is one of them:
As we all know, Divorce can a tough time you everyone’s life – that is why you need the best family law firm that fights for Utah parent’s rights!
We honestly hope to make it easier for you and your family.
Our Utah divorce attorneys focus entirely on divorce and family law issues, including child custody, paternity, adoptions, guardianship, and modification.
We offer legal representation throughout Utah.
Our divorce attorneys are committed to delivering the absolute best result possible, and we fight to be someone you can count on in your time of need. We care, and you know we care, after your first call with us.
To schedule your Free Consultation appointment, please call 801-676-5506.
Please drop us a line or call with your questions – all the best –
