Thursday, 4 October 2018

Children of Wealthier Parents More Affected By Divorce

Children of Wealthier Parents More Affected By Divorce

A study by Georgetown University researchers published in the journal Child Development indicates that children with wealthier parents are generally more impacted by divorce than children with poorer parents. The research suggests that wealthier children will have greater benefits from being part of stepfamilies, but will be more likely to have behavioral problems.

The information gathered in the study was mostly obtained from the National Longitudinal Survey of Youth between the years 1986 and 2008. Researchers analyzed the development, health and overall well being of more than 4,000 children in the survey, as well as interviews with mothers of the children that questioned the socio-emotional state of the child.

Then, the researchers split the children up into three groups based on their family income: high, medium and low. Divorce only had a significant impact on the group of children in the top income level. While the researchers haven’t found a surefire cause for this, the hypothesis is that the child is more affected in these situations because he or she is more likely to see a significant change in income in the family. Approximately 60 percent of wealthy families in the United States credit the father as being the main breadwinner, yet after the parents’ divorce, the mother is the one more likely to have primary custody. The child may need to change schools, move to a new home and live in a family with less income. These lifestyle changes make for more stress on the child.

The appearance of stepparents was actually shown to have a positive impact on behavior for children in all income levels.

What Are the Grounds for Divorce in Utah?

After much deliberation, you decided that divorce is the right choice for you. Where do you begin? How do you get started? When does your marriage end and your new life begin? You can obtain the answers to all of these questions by contacting an experienced attorney. As a divorce lawyer, I’m telling you that the most common reason is irreconcilable differences. But you knew that didn’t you.

In Utah, you may file for divorce on the following grounds:

  • Irretrievable breakdown. If the relationship between you and your spouse has broken down for at least six months, you may cite irretrievable breakdown as your reason for wanting a divorce.
  • Cruel and inhuman treatment. You may file for divorce on the grounds of inhuman treatment if you believe your physical or mental health is in danger if you remain with your spouse any longer.
  • Abandonment. If your spouse abandons you by leaving, or kicking you out, for a year or more, you can cite abandonment as your grounds for divorce.
  • Imprisonment. In cases where one spouse goes to jail for three or more years, the other spouse may file for divorce on the grounds of imprisonment.

The most common ground for divorce is no-fault or irretrievable breakdown of marriage. A couple who lives apart for at least one year may file for divorce based on an agreement of separation. With the help of a knowledgeable attorney, you can convert a separation agreement into a divorce agreement, saving you time and money.

No matter what your grounds for divorce, a skilled attorney can fight to make sure you start your new life in the best position possible.

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, 3 October 2018

Make a Will

Make a Will

A will is a legal document that allows you, among other things, to designate how and to whom your property is distributed when you pass away. A will also allows you to name a guardian to care for your minor children, if you become unable to do so. A will is a part of estate planning. If you’ve thought about creating a will, then you’ve probably wondered about the types of instructions that you can include, about how a will becomes valid, and about the forms of property that can be distributed. This section provides resources related to making a will, including an overview of the process, steps to help you begin planning for a will, a sample will, and an explanation of common errors to avoid.

Choosing an Executor

One of the most important decisions to make when planning your will is choosing a competent and trustworthy executor. This person is entrusted with carrying out your estate instructions, and executors typically manage the estate’s day-to-day affairs and make sure that estate bills are paid. As you decide on an executor, keep in mind that this person should be someone that your family members and heirs can work with.

Assets and Other Property

People tend to associate wills with the distribution of a person’s assets and other property at death. This is certainly an important component of a will, although there’s more to it. As you begin to plan your will, remember that some forms of property cannot be included. For example, you cannot distribute money that’s held in a joint account, and generally, life insurance benefits cannot be included in a will (these payments automatically go to the policy’s beneficiary).

Guardian for Minor Children

Another important benefit of having a will is the ability to name a legal guardian to care for your children, should you become unable to do so. Although this is an issue that many people choose to avoid thinking about, by naming a trusted guardian for your children, you’re helping to ensure that they will have a bright future, even if the worst case scenario occurs.

Valid Wills

State laws vary, so it’s best to speak with an attorney if you have specific questions about your state’s procedures and requirements for wills. In general, you must be of “sound mind” when you created your will, and you must have voluntarily signed it, meaning that no one coerced or tricked you into doing so. At least one person is usually required to serve as a witness when you sign your will, and if your will violates a law — such as a state heirship law that requires you to name your children as heirs — portions of your will can be disregarded, or the entire will considered invalid.

Call Us For Help

If your estate is relatively simple, you may be able to draft your own will. However, if you have questions, or if your estate is complex, you should speak with an estate planning lawyer. He or she can answer your questions and help you to create a suitable will that’s clear in stating your instructions. This section provides a link for finding an experienced estate planning lawyer in your area.

Free Consultation with a Utah Will Lawyer

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

Michael R. Anderson, JD

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

Utah Divorce Myths

Divorce ranks high on the list of difficult life events. Families are torn apart and are forced to build new futures for themselves. But out of the turmoil, life can begin anew. Parties can grow and thrive once again without the toxic environment of a bad marriage.

We understand the difficulties that you are facing in your divorce. Our family law attorneys have helped many people like you through the myths and realities of divorce. These include the following:

    • We should have a child, then we will not get divorced.

       No one should ever have a child to save a marriage. The last thing a faltering marriage needs is the added stress of a child.

    • I have children and should stay married for their sake instead of getting divorced.

       Constant arguing and bickering is bad for children and they may be far better off after divorce. A stable and loving environment without all the drama and hatred that can arise in a loveless marriage is better for children.

    • I will never find anyone again.

       The fact is that most people do find someone else after a divorce.

    • I will lose my property if I divorce.

      Your separate property remains yours after a divorce.

    • If we had not lived together prior to our marriage, we would not be getting a divorce.

       Current thinking is that cohabitation before marrying does not lead to divorce in most cases.

Enhanced Earning Capacity: Reap the Rewards of Your Spouse’s Education

Your commitment to your marriage included your investment in your family’s financial future. In order to increase the financial success of your family unit, you may have sacrificed your own education or career advancement. You now have the right to receive a return on your investment when your partnership dissolves in divorce. The anticipated enhanced earning capacity of your spouse is considered marital property — meaning you own an interest. Yet, unlike dividing money and tangible personal property, you cannot physically divide a college degree, a specialized skill or a professional license. For this reason, the valuation process involves calculations based on a series of complex factors.

Why enhanced earning capacity is considered marital property

Your earning capacity may have been diminished because you forwent educational or career advancement opportunities to support your spouse. In addition, your absence from the job force to raise children can drastically affect your ability to earn the income you would otherwise have been capable of making. Even if you developed a successful career, the decision to promote your spouse’s advancement — through relocation or unbalanced division of childrearing duties, for example — likely hindered your ability to reach your full earning potential.

Calculating the value of a degree, professional license or career advancement

Enhanced earning capacity encompasses a variety of factors that increase potential income — including a college degree, advanced degrees, specialized training, professional license, job promotions and actions that contribute to career advancement. To accurately calculate how much your spouse’s enhanced earning capacity is worth, consider:

  • Type and level of degrees your spouse earned
  • Professional licenses your spouse holds
  • Specialized training your spouse received
  • Statistical income made in the particular field
  • Income disparity based on gender in a given profession
  • Effect of geographic location on incomes
  • Risks to job security
  • Your spouse’s work life expectancy
  • Your income earning capacity

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, 2 October 2018

How a Child’s Preference Affects Custody

How a Child's Preference Affects Custody

A child’s preference for living with a parent can affect child custody decisions in many states, including Utah. However, while most judges will consider a stated preference, they are still obligated to rule in a way that protects a child’s best interest.  This means that a child’s preference is not the only factor the court will look at – there are about 25 factors.  This is just 1.

Judges have a great deal of leeway when they make custody decisions. Among the factors they may consider are:

  • Custody preferences of each parent
  • Child’s custody preference, but only if they are old enough to fully comprehend the implications of their choice
  • State of a parent and/or child’s physical and emotional health
  • Perceived stability and resources offered by each parent
  • Potential impact on home and social life, including school and community participation
  • Whether or not parents desire to help sustain a relationship with the other parent
  • History of domestic violence, if applicable

Although all of these issues are generally considered, the safety of the child is of primary importance in a custody decision.

What’s more, while the desire of the child is always taken into account, the older a child is the greater consideration a preference is given. If a child is 13 years of age or older, their preference is given greater weight since they are considered to be more independent and less likely to be manipulated in their choice. Additionally, siblings are typically kept together, although a judge may separate them if he or she believes it to be in a child’s best interest.

In most cases, children are not compelled to testify in court about their desires to live with a particular parent. Sometimes a law guardian is appointed to interview the child and identify his or her needs and desires, or an “in camera” interview is conducted which records the interview that is later transcribed.

Special Factors Influence Child Support Amounts

In Utah, there are certain formulas that judges use to calculate how much child support is owed by one parent to another after a divorce. If you feel as though your case may be an exception to the rule, you have the ability to inform the judge of special circumstances.

Examples of situations where child support may need to be more than what the guidelines suggest may include the following:

  • You have a child with special needs.

    If a child is disabled or has special needs that require additional care or medical treatment, state-recommended child support amounts may not be enough to provide proper care for your child. Increased support may also be needed to maintain a child’s particular passion for an interest such as a musical instrument or membership in a sport’s team.

  • Your spouse earns considerably more than you do.

    If you have primary custody of your children, but your child’s other parent makes a significant amount more than you do, a judge may require the noncustodial parent to pay more than the state’s recommendation. This can also apply if the child’s noncustodial parent has a substantial amount of assets, or if their job provides special compensation measures such as company-provided cars or housing.

Conversely, situations exist where a parent may be required to pay less than what is typically required, including:

  • A noncustodial parent does not have adequate funds.

    Sometimes a parent has experienced a change in their income level and is no longer able to pay the same amount of child support. In this case, a judge may reexamine the total child support required and lower it to a manageable amount.

  • The state’s guideline requires an excess of the child’s situation.

    If a noncustodial parent earns a salary that is greatly above the average person’s income, the state-guided formulas may require a payment of more than what is needed. In this case, the court may lower child support payments to a reasonable amount for the parents’ and child’s circumstances.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Get Your Employees CPR and First Aid Certified

Get Your Employees CPR and First Aid Certified

I’m telling you, as an employer lawyer that having employees that are CPR and first aid certified can not only protect employers from personal injury and wrongful death suits, but also make employees feel safer in the workplace. Getting your workforce CPR and first aid certified isn’t as difficult as it may sound. Even smaller cities such as West Jordan, Utah have a variety of certification options for employers. No matter where you choose to complete your training, courses in either CPR or first aid each take about three hours to complete.

American Heart Association

The American Heart Association (AHA) has offices and affiliates all over the United States. The AHA offers traditional classroom training in CPR and first aid as well as a blended learning experience, which combines online courses with in-person practice and testing. Both options will teach your employees what to do in case of an emergency, protecting both the employer and the employees from a wrongful death claim.

American Red Cross 

The American Red Cross offers similar classroom and online certification options as the AHA, and will also come to you and provide on-site training from a certified instructor. If you’d like to have your own instructor in-house, you can send a company representative to the American Red Cross to be trained and certified in teaching CPR and first aid — your newly certified representative can then lead classes in the workplace. The American Red Cross also hosts regularly scheduled community classes in cities such as West Jordan that are open to members of the public.

Local Hospitals and Fire Departments 

Most fire departments hold regular CPR and first aid certification classes that are open to their communities. Often they are willing to come to your workplace and educate employees on proper procedure, helping to save lives and protect against wrongful death. Local hospitals frequently host community courses as well.

Local Colleges and Universities

If your company is located near a college or university, chances are it offers CPR and first aid certification to the public. Employers in West Jordan can find certification courses offered at Davis Applied Technology College as well as nearby Westminster College and the University of Utah.

HOW TO BE A PROACTIVE DRIVER

While one can argue that the leading causes of an auto accident can be texting while driving or driving while under the influence of drugs and alcohol, what these basically amount to is driving while not paying attention to driving. How can drivers in St. George, Utah not end up in an auto accident due to someone else’s negligence?

Proactive vs. Reactive

The difference between a proactive driver and a reactive driver, as any good lawyer will tell you, is on the intention of a person’s actions while driving. Distracted driving is entirely made up of reactive driving, as the only thing a driver can do is drive out of the corner of his eye. If you want to be a proactive driver the first step is to put both eyes on the road, at the very least outside the car. St. George has some gorgeous views, so take those in rather than the latest Youtube video.

Know Your Next Move

Like a good chess master or a seasoned trial lawyer, as you’re driving you should always be several moves ahead of your opponent, or in this case fellow drivers. Plan what lane you want to be in and who to pass, such as an erratic driver or a truck with an unsecured load to avoid an auto accident. The roads around St. George are littered with debris from accidents that could’ve been prevented just from seeing the guy who forgot to tie down his barbecue.

Keep Your Mind on the Road

You may have your phone put away, but that doesn’t mean your bladder isn’t empty or that the kids aren’t screaming. Take whatever stops you need to make to calm the kids and your digestive system. A lawyer who’s seen hundreds of auto accident cases can attest to it not being worth your life to lose your patience and run off the road because your kid dropped a crayon.

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!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, 1 October 2018

Tips for Surviving Divorce Settlement Talks

Tips for Surviving Divorce Settlement Talks

The divorce process legally ends a marriage and necessarily creates agreements about spousal support, division of assets and child custody if there are children. Many couples can make decisions themselves or with the aid of an attorney or mediator. However, if you are not lucky enough to be half of one of those couples, your case will continue toward trial and possibly settlement.

Most cases flowing through the criminal justice system settle short of trial. Civil divorce litigation is no different. What does it mean to “settle on the courthouse steps,” and what do you need to do when the date of your trial approaches and settlement proposals begin flying back and forth?  Consider the following:

  • Before your trial, the judge is likely to hold a pretrial conference to determine whether there are issues that can be settled. Although you have arrived at the courthouse prepared for trial, events may take a sharp turn toward settlement during the pretrial conference. You may spend time waiting nearby or in a conference room.
  • While your attorney is tasked with representing your interests and relaying settlement offers to you from the other party, your job is to keep in mind your personal divorce and custody objectives. Even with good legal counsel, parties sometimes settle for inappropriate arrangements or conditions simply because they are stressed from proceedings that have stretched out for months or years.
  • Talk to your attorney about the possibility of settlement prior to the trial date. Ask how it looks, what you might need to decide, what concessions might be appropriate and which are not. Make sure you think about what you agree to — you and your children will have to live with your decision.

Some Careers Have Significantly Higher Divorce Rates than Others

A new analysis of U.S. census data performed by a career website called Zippia revealed workers in certain fields are much more likely to get divorced by age 30. The highest divorce rate was among first-line enlisted military supervisors, at approximately 30 percent. People in that field must coordinate the activities of enlisted service members.

Other fields that had particularly high divorce rates for people 30 and under included logisticians, mechanics and automotive service technicians, military-enlisted tactical operations and air weapons personnel. There were three military jobs in the top 10, and overall, military workers of any rank were most likely to be divorced before the age of 30. They had a 15 percent overall divorce rate.

Factors in these careers that make divorce more likely

The analysts who performed the study say the common factors involved in many of these jobs with high divorce rates are that they are demanding professions that involve a lot of time spent away from home, relatively low pay or persistent danger. Military professions often involve all three of these factors, which likely explains the presence of three such jobs in the top 10.

Numerous studies have been performed on the effects of military deployment on marriage. A study in the Journal of Population Economics published in 2016 found that divorce rates increased significantly with every month spent away on deployment. Mental health issues also frequently place more stress on couples, and veterans frequently experience depression and post-traumatic stress disorder.

Career stress affects all couples. Many of the fields that ranked in the top 10 in the study have extremely high demands in terms of average hours worked per week.

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Paying the Debts of a Deceased Relative

Paying the Debts of a Deceased Relative

After a relative dies, the last thing grieving family members may expect are calls from debt collectors asking them to pay their deceased loved one’s outstanding debts. According to the Federal Trade Commission (FTC), the nation’s consumer protection agency, a surviving relative usually has no legal obligation to pay the debts of a family member who has died. In fact, the rights of surviving relatives are covered by the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Under the FDCPA, which is enforced by the FTC, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

Here’s what the law has to say about who has responsibility for a dead relative’s debts.

Who is responsible for paying the debts of a relative who has died?

Generally, someone’s estate is responsible for paying their debts. But if there isn’t enough in the estate to cover the debts, they typically go unpaid.

Am I am legally obligated to pay the debts of a deceased relative?

You usually don’t have a legal obligation to pay the debts of a deceased relative who was not your spouse. Even a spouse’s obligation to pay may be limited under state probate law. To determine whether you’re legally obligated to pay, talk to an attorney who is knowledgeable about this area of the law.

What should I do if a debt collector contacts me about a debt of a relative who has died?

Give the debt collector the contact information of the decedent’s personal representative. That’s the person responsible for settling their affairs, including paying any outstanding debts from the estate. If there is a will, the personal representative is known as the executor; if there is no will, the personal representative is known as the administrator.

Don’t give any of your personal information, like your Social Security number, birth date, or financial account numbers to anyone unless you know who you’re dealing with. Some con artists may check obituaries and other legal notices, and then contact relatives of a deceased posing as debt collectors. These scam artists can use your personal information to help them commit identity theft or other types of fraud.

Do I have to speak with a debt collector who contacts me about the debts of a deceased relative?

No. But if you’re a decedent’s personal representative, or otherwise legally obligated to pay the debt, you may want to talk with the debt collector to see if you can resolve the matter.

Can I stop a debt collector from contacting me about the debts of a deceased relative?

Yes. If you decide that you don’t want a debt collector to contact you again, write a letter to the collector saying so. Then, make a copy of your letter, send the original by certified mail, and pay for a “return receipt” so you will be able to document what the collector received and when. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact and to let you know that they or the creditor plan to take a specific action, like filing a lawsuit.

Remember that even though the collector is prohibited from contacting you again, they still may sue the estate of your relative or the legally responsible person to collect the debt.

Can debt collectors tell anyone else about my dead relative’s debt?

Other than to get the personal representative’s location, a debt collector generally is not allowed to disclose your relative’s debt to anyone other than the deceased’s spouse, parent (if your relative is a minor child), or guardian.

Free Consultation with a Utah Estate and Probate Lawyer

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

Michael R. Anderson, JD

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