Before the foreclosure crisis, which peaked in 2010, federal and state laws regulating mortgage servicers and foreclosure procedures were relatively limited and tended to favor foreclosing lenders. Now, however, federal and state laws heavily regulate loan servicing and foreclosure processes. And most of the laws give protections to borrowers. Servicers generally have to provide borrowers with loss mitigation opportunities, account for each foreclosure step, and strictly comply with foreclosure laws. Also, most people who take out a loan to buy a residential property in Utah sign a promissory note and a deed of trust, which is like a mortgage. These documents give homeowners some contractual rights in addition to federal and state legal protections. In a Utah foreclosure, you’ll most likely get the right to: So, don’t get caught off guard if you’re a Utah homeowner who’s behind in mortgage payments. Learn about each step in a Utah foreclosure, from missing your first payment to a foreclosure sale. Once you understand the process, you can make the most of your situation and, hopefully, work out a way to save your home or at least get through the process with as little anxiety as possible. What Is Preforeclosure?The period after you fall behind in payments, but before a foreclosure officially starts, is generally called the “preforeclosure” stage. (Sometimes, people refer to the period before a foreclosure sale actually happens as “preforeclosure,” too.) During this time, the servicer can charge you various fees, like late charges and inspection fees, and, in most cases, must inform you about ways to avoid foreclosure and send you a preforeclosure notice called a “breach letter.” Fees the Servicer Can Charge During PreforeclosureIf you miss a payment, most loans include a grace period of ten or fifteen days, after which time the servicer will assess a late fee. Each month you miss a payment, the servicer will charge this fee. To find out the late charge amount and grace period for your loan, look at the promissory note you signed. You can also find this information on your monthly mortgage statement. Also, most Utah deeds of trust allow the lender (or the current loan holder, referred to as the “lender” in this article) to take necessary steps to protect its interest in the property. Property inspections are performed to ensure that the home is occupied and appropriately maintained. Inspections, which are generally drive-by, are usually ordered automatically once the loan goes into default and typically cost around $10 or $15. Other types of fees the servicer might charge include those for broker’s price opinions, which are like appraisals and property preservation costs, such as for yard maintenance or winterizing an abandoned home. Federal Mortgage Servicing Laws and Foreclosure ProtectionsUnder federal mortgage servicing laws, the servicer must contact, or attempt to contact, you by phone to discuss loss mitigation options, like a loan modification, forbearance, or repayment plan, no later than 36 days after you miss a payment and again within 36 days after each following delinquency. No later than 45 days after missing a payment, the servicer has to inform you in writing about loss mitigation options that might be available and appoint personnel to help you try to work out a way to avoid foreclosure. A few exceptions are in place for some of these requirements, though, like if you’ve filed bankruptcy or asked the servicer not to contact you pursuant to the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39, 12 C.F.R. § 1024.40). Federal mortgage servicing laws also prohibit dual tracking (pursuing a foreclosure while a complete loss mitigation application is pending). What Is a Breach Letter?Many Utah deeds of trust have a provision that requires the lender to send a notice, commonly called a “breach letter,” informing you that the loan is in default before the lender can accelerate the loan. The breach letter gives you a chance to cure the default and avoid foreclosure. When Can Foreclosure Start?Under federal law, the servicer usually can’t officially begin a foreclosure until you’re more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer. What Is the Foreclosure Process in Utah?If you default on your mortgage payments in Utah, the lender may foreclose using a judicial or non-judicial method. How Judicial Foreclosures WorkA judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don’t respond with a written answer, the lender will automatically win the case. But if you choose to defend the foreclosure lawsuit, the court will review the evidence and determine the winner. If the lender wins, the judge will enter a judgment and order your home sold at auction. How Non-judicial Foreclosures WorkIf the lender chooses a non-judicial foreclosure, it must complete the out-of-court procedures described in the state statutes. After completing the required steps, the lender can sell the home at a foreclosure sale. Most lenders opt to use the non-judicial process because it’s quicker and cheaper than litigating the matter in court. Preforeclosure Requirements Under Utah LawMuch like the requirement under federal mortgage servicing laws, after determining that the loan is in default, the servicer or lender must appoint single point of contact who can provide information about the foreclosure and foreclosure relief. (Utah Code Ann. § 57-1-24.3). Before filing a notice of default, the lender or servicer must mail a notice to you (the borrower) giving you at least 30 days to cure the default by getting current on the loan. The letter will also include the name, telephone number, email address, and mailing address of the single point of contact. (Utah Code Ann. § 57-1-24.3). This information will likely be included in the breach letter. Notice of DefaultThe non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives you three months to cure the default. (Utah Code Ann. § 57-1-24). Within ten days of the recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. (Utah Code Ann. § 57-1-26(2)(a)). Notice of SaleIf you don’t cure the default, after three months, the trustee will record a notice of sale and: The Foreclosure SaleAt the sale, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less. In some states, including Utah, when the lender is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment against the borrower, subject to some limitations. If the lender is the highest bidder, the property becomes what’s called “Real Estate Owned” (REO). But if a bidder, say a third party, is the highest bidder and offers more than you owe, and the sale results in excess proceeds—that is, money over and above what’s needed to pay off all the liens on your property—you’re entitled to that surplus money. How Long Do You Have to Move Out After Foreclosure in Utah?If you don’t vacate the property following the foreclosure sale, the new owner will probably: The eviction process starts with a notice to quit. If you still don’t leave by the deadline given in the notice, the new owner will go through the court system to evict you. (Utah Code Ann. § 78B-6-802.5). HOW CAN I STOP A FORECLOSURE IN UTAH?A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you’re able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.) Reinstating the LoanUtah law gives you three months after the trustee records the notice of default to reinstate the loan. (Utah Code Ann. § 57-1-31). Also, the deed of trust might give you more time to reinstate. Check the paperwork you signed when you took out the loan to find out if you get more time to get caught up on past-due amounts and, if so, the deadline to reinstate. You can also call your loan servicer and ask if the lender will let you reinstate. Redeeming the Property before the SaleOne way to stop a foreclosure is by “redeeming” the property. To redeem, you have to pay off the full amount of the loan before the foreclosure sale. Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. (Utah Code Ann. § 57-1-28(3)). Filing for BankruptcyIf you’re facing a foreclosure, filing for bankruptcy might help. In fact, if a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. Once you file for bankruptcy, something called an “automatic stay” goes into effect. The stay functions as an injunction, which prohibits the lender from foreclosing on your home or otherwise trying to collect its debt, at least temporarily. In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months. Or, if you want to save your home, filing for Chapter 13 bankruptcy might be the answer. To find out about the options available to you, speak with a local bankruptcy attorney. CompromiseIf a lender is preparing to foreclose on your home, they will first present you with an NOD, or Notice of Default. They also have to schedule a time for auction for your home. During this in-between period before the auction takes place, know that lenders will almost always work out a financial compromise that will allow you to get back on your mortgage program without foreclosure. Any final compromises you might be able to make should be suggested at that time. Short SaleIf you receive an offer from a buyer between receiving your NOD and the auction date, the lender must consider it. They may view this option as a time-saver that nets them virtually the same result – after all, they’d already be turning around to re-sell the home anyway. This is called a short sale, and there are plenty of situations where it can work as an acceptable compromise for both sides. Assumption/Lease-OptionMost loans these days are not assumable, but if you are facing foreclosure, there’s a chance your lender could be willing to modify your loan. They might be willing to allow another buyer to assume your loan if this means less hassle for them – if you can negotiate a down payment from the new buyer that pays off your outstanding balance plus assumes the loan at no additional risk to the lender, everyone wins. Foreclosure Protections and Military Service membersThe Service members Civil Relief Act provides legal protections to military personnel who are in danger of foreclosure. Utah Deficiency Judgment LawsIn a foreclosure, the borrower’s total mortgage debt sometimes exceeds the foreclosure sale price. The difference between the total debt and the sale price is called a “deficiency.” For example, say the total debt owed is $600,000, but the home sells for $550,000 at the foreclosure sale. The deficiency is $50,000. In some states, the lender can seek a personal judgment against the debtor to recover the deficiency. Generally, once the lender gets a deficiency judgment, the lender may collect this amount—in our example, $50,000—from the borrower. In Utah, the lender can get a deficiency judgment after a non-judicial foreclosure by filing a lawsuit within three months of the sale. (Utah Code Ann. § 57-1-32). The deficiency amount is limited to the difference between the lesser of : How to Find State Foreclosure LawsTo find Utah’s laws, search online for “Utah statutes” or “Utah laws.” Make sure you’re reading the most recent, official laws. Usually, the URL will end in “.gov” or the statutes will be on an official state legislature webpage. Although the programs under the Making Home Affordable (MHA) initiative have expired, the MHA website still contains useful information for homeowners facing foreclosure. Getting HelpHow courts and agencies interpret and apply laws can change. And some rules can even vary within a state. These are just some of the reasons to consider consulting a lawyer if you’re facing a foreclosure. If you have questions about Utah’s foreclosure process or want to learn about potential defenses to a foreclosure and possibly fight the foreclosure in court, consider talking to a foreclosure attorney. For people struggling with mortgage payments and at risk of default and foreclosure on a home, declaring bankruptcy can be a viable option in some cases. Bankruptcy attorneys can walk you through when declaring and might help save your home and preserve your equity. Free Initial Consultation with 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!
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What is Bankruptcy?Bankruptcy is a legal way to get rid of most of your current debt, stop harassment from creditors, and start fresh. It is a federal court process by which you can discharge some of your debt because you are unable to repay those debts. There are usually two ways bankruptcy is declared: You file for bankruptcy Bankruptcy usually takes two forms: Chapter 7 and Chapter 13. Chapter 7 BankruptcyChapter 7 Bankruptcy, otherwise known as “straight bankruptcy” or “liquidation,” allows the debtor to sell their non-exempt assets to pay off their debts; after that, the debtor will be free from all dischargeable debts. There are specific eligibility requirements that you must meet to qualify for Chapter 7 bankruptcy. Some of the scenarios where you wouldn’t be eligible for Chapter 7 include when: Your income is too high (this is determined using the “means test”): In such cases, your case may be filed under chapter 13 bankruptcy Under Chapters 7, 11, 12, and 13 of the U.S. Bankruptcy Code, some or all of your existing debt can be discharged. A “discharge” means you are not personally liable for the money and do not need to pay it back. The creditor you owe, such as a hospital or credit card company, cannot call you or take collection actions against you once the debt is permanently discharged. Note: Most people will file a Chapter 7 bankruptcy to remove credit card debt and seek debt relief. Some debts may have a bankruptcy discharge but you might have to keep personal liability for other debts. Debt Discharge Comes After Selling Off AssetsChapter 7 bankruptcy often involves the liquidation (or selling off) of assets in order to pay past debts. Only after this process is completed can you have qualifying debts discharged. Some property is protected from liquidation by federal or state bankruptcy exemptions. In fact, many people who file for Chapter 7 can keep a majority of their property. It will be up to your attorney and bankruptcy trustee to decide what you can keep, what deals you can make with the creditor, and what you need to give up in your bankruptcy case. Once assets are liquidated, the courts tend to discharge debts right away. In the whole Chapter 7 bankruptcy process, this happens about four months after you first file in bankruptcy court. Keep in mind you need to complete educational classes on debt management in between filing and receiving the discharge, or the judge may dent your debt discharge. What Happens After a Chapter 7 Bankruptcy?Those who pursue a Chapter 7 bankruptcy should be aware of some potential problems or concerns. Many forms of debt cannot be discharged under Chapter 7 bankruptcy, including: Government-funded student loans Potential applicants for Chapter 7 bankruptcy should be aware that even private student loans are rarely discharged without a special showing of undue hardship. This can be hard to prove but can happen if you become permanently disabled and cannot work. Property That Can Be Taken Before a DischargeBankruptcy is intended to help you get relief from the burden of debt, so removing all of your property would be counterproductive, as you would need to rebuy a car or other items. Property that is considered necessary for modern life may be exempt from creditors taking it back. But, you may need to petition a judge to stop them. Some examples of the property a creditor might try to take back include: While this list looks scary, it is important to remember that creditors can try to take these items, but they generally will not succeed. Much of this property is protected by Utah’s exemptions or wildcard exemptions, as it is essential for work or daily life. A creditor will receive a notice saying your debts have been discharged. They can try reaffirming these items or sue you for debt if they do not agree with the discharge. How to Get a Debt DischargeFiling for bankruptcy is not an easy decision to make, but sometimes it’s necessary. You can start the process by asking an attorney what property is excluded in a Chapter 7 bankruptcy, and what could be included. They can tell you what a creditor might come after and how to legally and effectively stop them. Chapter 13 BankruptcyChapter 13 Bankruptcy requires you to make a repayment plan to pay creditors over a period of three to five years. This method is usually used if your income exceeds the limits set for Chapter 7 bankruptcy. You also need to show you comply with the eligibility requirements before you can file Chapter 13. These include: You are not a business organization Use Reaffirmation to Stop Creditors Taking Your PropertySome creditors can keep their rights over your property even following a discharge. One way this can happen is through what is called a “lien.” A creditor can use a lien to enforce payment or take back the property. The creditor will not repossess the property as long as you continue to pay the debt Solving Bankruptcy ProblemsFollowing a bankruptcy, you may need to correct any inaccurate reports from former creditors. To do this, you will need to engage in a process with the credit bureau. This can entail contacting former creditors for verification of the satisfaction of debts. Even when these issues are resolved, those who have completed a bankruptcy can still expect to: These complications are not the end of the world. They may require using a mortgage broker when seeking to purchase a house. Even though it may be counterintuitive, there are benefits to bankruptcy when you have debts that you can’t pay. You will get a clean slate, and most negative outcomes will fade from your record within a few years. But whether or not you should file for bankruptcy is heavily dependent on an individual’s specific circumstances. For this reason, it can be very beneficial to speak with a bankruptcy attorney in Utah who can explain the benefits and downsides to filing for bankruptcy in your particular situation. Filing for bankruptcy is a complicated, emotional process. It takes more work and time than most people realize, but it can also be the right solution for significant debt issues. The Honest Benefits of BankruptcyConsult with a bankruptcy attorney or educate yourself on your options — you may find that filing for bankruptcy could help you out of a difficult financial bind. Most filers find that bankruptcy eases stress by stopping: Collections agency calls or harassment Is Bankruptcy a Good Idea for You?The decision to file for bankruptcy is a serious one. There are several considerations worth examining closely before getting started: The impact on your future ability to access credit, lenders, or low interest rates Considering other impacts can be critical in deciding whether to file for bankruptcy or which form is a better option. Some bankruptcies may: Fail to discharge credit card debts Any of these concerns may impact the desirability of the relief provided. However, none of these reasons are worse than staying in overwhelming debt or making your financial situation worse. Sometimes, you simply need debt help and cannot get there alone. Bankruptcy will give you a fresh start, and you can work towards the financial situation you want. Despite what many think, filing for bankruptcy is not the end of the world. It can actually be the fresh start you have been looking for. The laws of bankruptcy were drafted with the purpose of giving people a second chance, and not to punish them. But that doesn’t mean you should file for bankruptcy at the first sign of financial distress. Declaring bankruptcy will have short- and long-term consequences and should only be done as a last resort. So, when should you file for bankruptcy? Before You File, Evaluate Your SituationWhen should I file for bankruptcy? This is a question most people under financial distress ask. You should probably consider other options before going this route. These options include: Getting credit counseling If, however, other options don’t seem feasible, filing for bankruptcy may give you the ability to get a fresh start. Declaring Bankruptcy Will Affect Your Credit ScoreIn exchange for discharging your debt, filing bankruptcy shows everyone that you may be a credit risk, which will be reflected in your credit score. Thus, getting a loan, a mortgage, or a credit card may be very difficult after declaring bankruptcy. You should note bankruptcy filed under Chapter 7 will remain on your record for 10 years. If you filed under Chapter 13, it would stay on your credit report for 7 years. After that, it is erased. Your Co-Signers May Be Required to Pay Your DebtsCo-signers are people who agree to pay your debt if you are somehow unable/unwilling to pay the debt. If you file a Chapter 7 bankruptcy, your creditors are allowed to go after the co-signer even if your bankruptcy case is successful. Under Chapter 13, your creditors can’t go after your co-signer as long as you make your regular payments per your agreement. Filing for Bankruptcy during a PandemicFiling for bankruptcy during a pandemic or other national emergency may be challenging, as operational hours for courts may change. So, first, make sure your local bankruptcy court is open and taking cases before you file. You should also expect a delay in the processing of your case. The Federal Government May InterveneUnder rare situations, the federal government may pass laws that could affect your bankruptcy case during a pandemic. For instance, the federal government passed a stimulus bill in response to the COVID-19 pandemic. Under this stimulus bill, several temporary changes were made to the bankruptcy code. Some of these changes include: Previously, the debt limit to be eligible to file for bankruptcy under the Small Business Reorganization Act (SBRA) was $2,725,625. Under this stimulus bill, the debt limit was increased to $7.5 million for a period of one year. The bill also changed the definition of “income” for Chapter 7 and 13 bankruptcy filers. Accordingly, payments received from the federal government that are related to COVID-19 are not considered income for purposes of bankruptcy. People with federal student loans can, without penalty, defer their payments for six months through September 30, 2020. People who already filed a Chapter 13 and are under a repayment plan can make modifications if they can show “material financial hardship” because of the pandemic. The modifications include an extension of payments for seven years. If your debts have become unmanageable or you’re facing foreclosure on your home, you might be thinking about declaring bankruptcy. While bankruptcy may be the only way out for some people, it also has serious consequences that are worth considering before you make any decisions. For example, bankruptcy will remain on your credit report for either seven or 10 years, depending on the type of bankruptcy. That can make it difficult to obtain a credit card, car loan, or mortgage in the future. It could also mean higher insurance rates and even affect your ability to get a job or rent an apartment. Advantages to a Utah Chapter 7 filing: When Is it Feasible to File Without an Attorney?What Is a Priority Debt? When Is it a Bad Idea to File Bankruptcy Without an Attorney?There are many reasons to file a Chapter 13 bankruptcy instead of a Chapter 7 bankruptcy. You may want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down (reduce) your car loans, or pay back non-dischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter what your reason is, most Chapter 13 cases are too difficult to file on your own. Chapter 13 bankruptcies are a lot more complicated than Chapter 7s. In addition to filling out the official bankruptcy forms (and perhaps some local forms), you must also design a proposed repayment plan, something that is very difficult to do without the expensive software that most attorneys use. Also, certain actions such as stripping your second mortgage or cramming down a car loan will usually require filing additional bankruptcy motions and paperwork with the court. As a result, even some attorneys will limit their bankruptcy practice to Chapter 7 cases because they feel they are not qualified to handle a Chapter 13. In fact, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court. So if you are planning to file a Chapter 13, it is a good idea to hire a qualified attorney. If You Have a Complicated Chapter 7 CaseCertain Chapter 7 cases are more complicated than others. Your Chapter 7 will usually be more complex if you own a business, have income above the median level of your state, have a significant amount of assets, or have creditors who can make claims against you based on fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy. If You Are Not Comfortable Doing it on Your OwnIf you have a simple Chapter 7 case, bankruptcy can be an intimidating and time-consuming process. You will need to accurately fill out many forms, research the law, and attend hearings. If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Filing for Bankruptcy in UtahAre you a resident of Utah and thinking of filing for Chapter 7 or Chapter 13 bankruptcy? If so, you will have to participate in credit counseling before you file, complete the bankruptcy petition and other required forms, and file those forms in the Utah bankruptcy court. After filing, you must complete debtor counseling before receiving your discharge. Although most of the bankruptcy process is governed by federal law, there is some Utah-specific information you will need to know before filing. Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in UtahIn order to qualify for Chapter 7 or Chapter 13 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. Trustee in Utah within the six month period before you file for bankruptcy. You’ll also have to take a debtor education course before you get a bankruptcy discharge. Utah Bankruptcy ExemptionsUtah has a set of bankruptcy exemptions which help determine what property you get to keep in Chapter 7 bankruptcy and play a role in how much you repay unsecured creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions but Utah is not one of them. In Utah, you must use the state exemptions–the federal bankruptcy exemptions aren’t available. Completing the Bankruptcy Forms in UtahWhen you file for Chapter 7 or Chapter 13 bankruptcy, you must complete a bankruptcy petition, a number of schedules containing detailed information about your finances, and several other forms, including a lengthy form known as the “means test” (for Chapter 7) and a similar form for Chapter 13. Finding Means Test Information for UtahWhen you file for bankruptcy in Utah, you must compare your income to the median income for a household of your size in Utah. If your income is less than the median, you will be eligible to file for Chapter 7 and, if you choose to file for Chapter 13, you can use a three-year repayment plan (rather than five years). This is called the means test. If your income is above Utah’s median income, you still might qualify for Chapter 7, but you’ll have to provide detailed information about your expenses and payments on secured debts in order to find out. Most Chapter 13 filers also have to provide this information. Speak to an Attorney Before You File for BankruptcyIf you are considering filing for bankruptcy, it is very important you have all the information you need, especially since bankruptcy laws tend to be detailed and complicated. Speaking to a bankruptcy attorney in Utah is the best way to ensure your rights are protected. Free Initial Consultation with 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
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Questions To Ask A Probate Lawyer Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/utah-bankruptcy/ If a non-custodial parent moves out of state, or already lives out of state, rest assured you can still get the child support your children need. Having one parent live in a different state can make the process trickier, but there are ways to find your ex and make sure they pay child support. Family court orders are enforceable across state borders, so it does not matter where a parent lives. Child support services can help you, and family court judges can hold your ex in contempt of court or enforce any existing child support order. If there is not already a court order in place, then you need to file with the state you live in now before seeking child support from someone out of state. First Steps To Enforcing Child Support PaymentsNo matter where the custodial parent lives, they have many options for going about this process. This can be an easy process or a difficult one, depending on whether your ex is cooperating or trying to hide. These would all be viable options if your ex did not tell you where they were moving. Under the Uniform Interstate Family Support Act (UIFSA), sometimes called “Interstate Action,” states must help you find your ex for missing child support. This act also prevents multiple states from ordering child support and helps you find the other parent if they move away. Child Support State Services: The BasicsYou can choose to work with your local Child Support Enforcement Agency (CSEA) or directly with your state. Generally, you should pick one of these options and not both, so there are not duplicate cases in progress. In some states, you may need to start the process with your CSEA, and they will refer it to the state. It is essential to know that the state you live in is the “initiating state,” and they will contact the “responding state” as the case progresses. You do not need to contact the state your ex moved to — only the state or CSEA office in the state you live in. Using Parent Locator ServicesEvery state has a parent locator services. The local child support offices have access to resources such as: Essentially, if your ex tries to work, get a place to live, use a credit card, or apply for government assistance, agencies can find them. Once the other parent’s address is found, the courts have a way to contact them, and the enforcement of child support can begin. Using Your Ex’s New Job for Child Support PaymentsAn easy way to enforce child support orders when the other parent is out of state is to garnish wages. You can have the courts send a garnishment order directly to the other parent’s employer, and the child support will come straight out of their paycheck. Under federal law, all employers must honor child support garnishment orders from other states. Your ex’s employer can’t refuse to garnish an employee’s wages for child support just because the garnishment order comes from another state. Uniform Interstate Family Support Act (UIFSA)Every state has passed some version of the UIFSA. This law is designed specifically to enforce child support orders from one state against a parent who lives in another state. Filing a claim under UIFSA usually involves hiring an attorney or working with your local child support office. It enables you to contact relevant people in the other parent’s state to enforce your child support order, such as: The courts and authorities in the other state must enforce your child support order — just as if it was created in that state. This can take time, so it is helpful to start the process right away. It can take months or over a year to get child support cases to court when legal action is needed. Pressing Charges for Unpaid Child SupportMany states also have criminal laws that address unpaid child support orders. If a parent refuses to pay child support as ordered, you can take action. However, if they cannot pay because of financial issues, there are other paths to take that do not involve criminal charges. You or an attorney can contact your local prosecutor’s or district attorney’s office. They can file criminal “nonsupport” charges against the other parent, even if they live in another state. Extraditing a Parent Back to Your StateIn some cases, your state can “extradite” or bring the other parent back to your state, but only if they are charged with a child support crime. The felony nonsupport charges vary state by state, and can result in: The process will involve steps to find the parent and use strategies to get your children’s support money. Rest assured that crossing state lines will not stop your ex from paying the child support your family needs. Understanding Child Custody Laws in UtahSome parents who file for divorce may seek full custody of their children. While Utah laws do not recognize or use the term “full custody,” parents can file a petition for “sole legal/physical custody.” Here’s what you need to know about gaining sole legal/physical custody of your children in Utah. What is Sole Legal & Sole Physical Custody?Sole legal custody means the custodial parent is the primary decision-maker regarding the well-being of the child. With sole physical custody, the minor children will live with the custodial parent more than 255 overnights each year. The non-custodial parent will be permitted to spend time with minor children as per an agreement between both parents. In the case where parents disagree on a parent-time schedule, one will be ordered by the court. A parent-time schedule is the minimum amount of time the non-custodial parent is entitled. The non-custodial parent will be responsible for making decisions during the time they are with the child. How is Sole Legal Custody Determined?This is generally the arrangement parents strive for when they seek “full custody.” There are many types of child custody arrangements, and there several factors that the courts will examine when making a custody decision. In child custody cases, the courts will also consider any evidence of domestic violence, neglect, and physical, sexual, or emotional abuse that involves the child, parent, or other household members of the parent. Filing for Sole Legal CustodyFirst, every child custody case must start with a court-filed petition and state your case as to why you should be granted sole legal custody. Filing for custody is complex, and the laws can be challenging to understand without legal assistance. Having an experienced lawyer on your side can help you make the right decisions regarding your children’s best interests. Utah Child Custody LawsThere are more children of separated or divorced parents in the United States today than ever before. With all of the emotion involved in a separation or divorce, parents sometimes fail to consider their children’s desires when making custody decisions. However, under Utah custody laws judges often consider an older child’s preference when determining custody. Physical and Legal Custody in UtahParents can work out their own custody arrangements or go to Utah family court and have a judge decide their case. In either situation, a custody order must address both physical and legal custody and meets a child’s needs. “Physical custody” is where the child lives. A parent with physical custody primarily lives with the child. Parents can share physical custody (called “joint physical custody”) or one parent may have “sole” or “primary” physical custody. Your custody order will dictate how much time each parent spends with the child. Parents with joint physical custody will spend substantial, but not necessarily equal amounts of time with the child. The parent who spends the most time with the child is typically designated as the “custodial parent”. The other parent is called the “noncustodial parent.” “Legal custody” refers to a parent’s right to make major educational, medical, religious, legal, or cultural decisions on the child’s behalf. Like physical custody, parents can share legal custody or one parent may have sole decision-making power over the child. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Establishing Visitation SchedulesUnder Utah custody laws, your custody order must set forth a visitation schedule covering weekly, monthly, holiday, and summer visits. Both parents are entitled to regular time with their child and neither parent can prevent visits. Even in cases where a parent has struggled with substance abuse or physical violence, a judge may award that parent visitation – usually supervised. A noncustodial parent without joint custody is entitled to minimum visitation under Utah’s custody laws. Generally, this equates to one weeknight per week with the child and overnight visits every other weekend. A judge can award a parent additional visitation time, but not less. The Utah Courts website provides more information on child custody and parent-time in Utah. In limited circumstances where a child’s safety and well-being at issue, a judge may grant one parent only supervised visits. Supervised visits take place at a designated location or agency. A parent will be required to have his or her visits supervised until a judge can be sure a child is safe in that parent’s care. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Best Interests of the Child Factors in UtahUtah courts decide child custody whenever parents can’t come to an agreement on their own. Yet even in cases where parents agree on custody and visitation, a judge will review a custody agreement to ensure it serves a child’s best interests. Utah family courts must consider several factors when deciding child custody in Utah, including: When Will the Utah Family Court Consider a Child’s Preference?A child’s preference is one of several factors a judge will weigh in a Utah custody case. The child’s age and maturity matters. Specifically, a judge will give more weight to an older child’s preference, such as a child over 14. Generally, a judge won’t give much consideration to a child’s wishes if the child is under 10. In one Utah family court case, an 11-year old boy stated a preference to live with his father, but the judge said that an 11-year old shouldn’t have control over where he lives. Judges will also look at the reasons a child prefers to live with one parent over the other. In one case, a father with custody of two boys moved them from their hometown and away from their school, friends, and other family members. The children wanted to live with their mother to be close to friends and family, and to continue going to the school they knew. The court found that these were valid reasons to want to live with their mother and gave the children’s preferences significant weight in the custody decision. On the other hand, if a child’s reasons for wanting to live one parent are immature, for example, because one parent is laxer with discipline or gives them lavish gifts, the judge won’t give the child’s preference much weight. Keep in mind that even if a child has a strong custodial preference, it won’t be the controlling factor in a court’s decision. A judge can always overrule a child’s preference if it’s in the child’s best interest to live with the non-preferred parent. Judges will also watch to see if parents have coached their children. In one case, a judge questioned the children and discovered that their mother had told them to lie about her boyfriend’s overnight visits in their home. The mother’s coaching was a major factor in the judge’s decision to transfer custody to the father. Do Children Have to Testify About Their Custodial Preferences in Court?In Utah, children can’t testify in court unless there are extenuating circumstances, and there’s no other way to obtain their testimony. Instead, judges usually interview children in court chambers to determine their custodial preferences. Normally, the court will ask the parents for permission to interview a child, but parental consent isn’t necessary if the judge decides that an interview is the only way to figure out the child’s custodial desires. Parents can’t attend the in-chambers interview. The judge may or may not allow the parent’s attorneys to be present. Often, a court reporter will record the interview. Courts can determine a child’s preference in other ways as well. In one case, the judge deciding custody considered letters written by two boys to their mom, stating that they wanted to live with her. Courts may also allow custody evaluators or mental health professionals to testify about what children have told them regarding their custodial preferences. When Can I Modify Child Custody in Utah?Life is full of changes, and after a few years your custody order may need an adjustment. Utah custody laws allow either parent to file a custody modification request if there’s been a material change in circumstances affecting the child or parents or more than 3 years have passed since entry of the previous custody order. In either situation, the parent requesting a custody change must show that the modification would serve the child’s best interests. When considering whether a modification is appropriate, a judge will consider the same best interests’ factors as listed above. A judge will hold a court hearing to consider all the evidence. A child’s needs—not a parent’s wishes—will determine the outcome of your case. For example, a parent’s desire to relocate for a new job might not be enough to justify a change in custody. However, a custodial parents’ medical crisis might warrant switching custody to the other parent. The interplay of numerous factors will determine the outcome of your custody case. If you still have questions after reading this article, you should seek out a local family law attorney for advice. Free Initial Consultation with 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!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Directions from Orem Utah to Ascent Law LLC West Jordan UtahDirections from Holladay Utah to Ascent Law LLC West Jordan UtahDirections from Vivint Arena Salt Lake City Utah to Ascent Law LLC West Jordan UtahDirections from Sandy Amphitheater to Ascent Law LLC West Jordan UtahDirections from Real Soccer Stadium to Ascent Law LLC West Jordan Utah’ Directions from Mountain American Expo Center to Ascent Law LLC West Jordan UtahDirections from Hale Centre Theatre to Ascent Law LLC West Jordan UtahDirections from The Shops at South Town to Ascent Law LLC West Jordan Utahvia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-i-collect-child-support-from-an-out-of-state-non-custodial-parent/ State and local authorities often require even more small business licenses and have more issues to consider than the regulations imposed by the federal government. When you start a business, there are federal and state rules and regulations that the company must abide by in order to legally operate. State and local governments have more wide-ranging regulations for businesses, and there are more local issues for small businesses to consider when starting up. For example, in addition to the federal and local requirements for businesses to obtain licenses, small business owners must also consider other local issues, such as zoning ordinances, building codes, and lease considerations. State License RequirementsBusiness licensing requirements differ from state to state, but most state governments typically require the following types of licenses and permits: Licenses for selling certain products: States require businesses to have licenses to sell products such as liquor, firearms, and gasoline. Unemployment insurance: For businesses with employees, most states require the business to purchase into their system of unemployment insurance. Contact your state’s Department of Labor to find out more. Also, don’t forget to have worker’s compensation insurance in case someone is injured on the job. This is a must if you have any employees or independent contractors you pay to do work for you. Tax registration: For states with a sales tax, you will have to submit an application for a sales tax license to charge customers. Local IssuesRegister your business name: You’ll have to register your business name with local (and likely state) agencies such as the county clerk, along with the business address. You’ll need to take care to pick a name that isn’t being used by another business. If the business is an LLC or corporation, the business name will be registered with the state when you submit the articles of incorporation. If you’re a sole proprietor, the default name will be your name, but you can apply to use a fictitious name (also known as a DBA—”doing business as”) with the city or county. Partnerships can also apply for a DBA with the city or county. Environmental permits: In addition to state and federal agencies that cover environmental issues, local agencies also regulate the environmental impact of businesses, including issues such as air quality, water quality, and waste disposal. For example, the number of local air quality boards is increasing, as is their activism in maintaining or improving air pollution in their locale, with a particular focus on businesses. Local business licenses: In addition to state or federal licenses where applicable, almost all businesses will need a license from the local government (city or county) to lawfully operate within their jurisdictions. These local licenses are typically very easy to obtain and require paying a fee. Health permit: If you’ll be preparing food as part of your business, you’ll need to get permits from the county to do so. Building permits: If you want to remodel or build a new space, you must get building permits from local agencies to ensure safety and to confirm that the remodeling or new space conforms to local ordinances. Depending on the type of work that’s being done, you may also need permits for plumbing, electrical, and heat or A/C work. Be sure to consult with a licensed, experienced contractor to determine what types of permits you’ll need as well as how much it will cost to get your business up to local requirements. Zoning: A zoning permit demonstrates that the location of your business is approved by the city or county for your business’ usage. Zoning laws are locale specific, and can vary even from block to block. The laws regulate things like the type of business that is allowed in an area, waste disposal, the size and placement of signs, and even the appearance of the store front (if, for example, you’re in a historic district). If your specific location isn’t zoned for your type of business and you’ve signed a lease, you have trouble on your hands. So before signing a lease, be sure to confirm that the area is zoned for your usage and that the lease accurately reflects the type of business. Business License Lawyer Free ConsultationWhen you need help with your business licensing in Utah, please call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Should You Extend Credit To Business Customers? via Michael Anderson https://www.ascentlawfirm.com/business-license-requirements/ Working out a parenting time plan during summer is required for parents of minor children in Utah. A parenting plan includes details on how time with children is shared when school is out. Summer parenting arrangements can be court-ordered or created between amicable parents over time. In any case, good communication is key to making good memories with children over the summer. This year, consider these tips for staying cool when issues with a co-parent heat up: (1) Remember the children: Most children look forward all year to summer vacation. Try to keep their best interests in mind as you work with the other parent to schedule the summer. (2) Plan ahead: No parent appreciates a short-notice phone call or text concerning an event—and most parenting time plans do not permit them. As soon as you have your summer plans in mind, speak and coordinate with the other parent. (3) Family plans: If your family traditionally spent time at a summer home or particular destination, work with your ex-spouse to decide how that could be handled after divorce. Should new traditions be made, old ones honored or somewhere in between? (4) Ask your children: Even children of intact families change their minds about what they want to do from summer to summer. Before you plan to send your kids to an away camp or sign them up for another activity, ask children who are old enough for their opinions. Enforcing Your RightsIf you have not been granted full custody of your children, the courts have likely given you a specific visitation arrangement that will enable you to see them. There are a variety of types of visitation, including weekend visitation, supervised visitation and more. If anyone attempts to interfere with your rights of visitation, there are steps you can take to assert those rights. The most common circumstances in which you need to enforce your rights are when the custodial parent refuses to let you have your court-mandated visitation time with your children. Be sure to keep a written record of every circumstance in which the custodial parent denies you your visitation, so you can have evidence of a pattern of interference. Once you have established this pattern, you have several options: Try mediation. See if you can work out the issues with the custodial parent through a simple discussion. Maybe you just need to tweak the schedules, or set certain ground rules. You may also work it out through professional mediation or counseling. File a motion in the court system. You can file a motion in court to enforce your visitation rights. The court will then clarify all the details of the visitation plan, and could potentially increase your rights and decrease spousal support if you can prove a pattern of interference. In rare cases, the courts may even change who has primary custody. If you become frustrated by the custodial parent’s lack of cooperation in your visitation schedule, never take it out on them by stopping support payments. That can only harm your position in the long run. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Simplified Employee Pensions or SEPS via Michael Anderson https://www.ascentlawfirm.com/child-custody-summer-break/ Extending credit to your customers or business partners helps your business increase sales and provide additional sources of revenue. However, there are downsides to extending credit as well, such as having to comply with a variety of federal and state laws, and of the course the possibility of not being able to collect. This article provides some basic introductory information on extending credit to your business’s customers. ID for Credit TransactionsAny business that accepts debit or credit cards for payment should understand the PCI security standards intended to protect consumers, credit card companies, banks, and businesses from fraud and security breaches. Any business that is going to accept credit or debit cards should obtain a complete list of the requirements from the PCI Security Standards Council. Consumer Credit LawsIf your business extends credit to customers, you should become aware of consumer credit laws, which regulate many aspects of your interaction with customers. For example, if your business is extending credit, you will have to comply with rules regarding how you advertise interest rates and how much time you have to respond to claims of billing mistakes. There are also certain rules about how aggressive you can be when trying to collect a debt. It’s important to be in compliance with federal and state consumer credit laws, so it’s definitely in your best interest to find out the laws that will be applicable to your business. Extending Credit and Getting PaidIf you decide to extend credit to your customers, make sure you establish credit practices that are: (1) Fair enough to your customers under state and federal credit laws, and (2) Strict enough to ensure that your business will get paid. You should have credit policy and a set procedure in place that your business will follow if customers don’t pay when they are supposed to pay. Examples of what you can include in your collection procedures are sending out overdue notices, demand letters, and collection notices. Mechanics’ and contractors’ liens exist in most states to provide special collection rights to those who provide services or building materials used to improve property. A contractor’s lien is often referred to as a mechanic’s lien or a construction lien, and is available to contractors, subcontractors, and suppliers of materials. In some states, certain professions such as engineers, surveyors, and architects may also be eligible to file a lien for services that were provided in the course of a home improvement project. In the event that a debt is not paid, the lien can be foreclosed, and the property sold to pay the obligation. It’s important to know that the debtor has the benefit of an “automatic stay” immediately upon filing a bankruptcy petition. This stops you from taking any further action to try to collect the debt owed to your business unless (or until) the bankruptcy court decides to the contrary. Free Consultation with a Utah Business LawyerWhen you need legal help with your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/should-you-extend-credit-to-business-customers/ A mortgage is a type of debt that must be repaid within a certain time period, typically for real estate purchases. In the context of buying a home, a person looking to maintain a mortgage should first determine whether a mortgage payment can fit within their existing budget. Many foreclosures, as well as the market crash of 2008, were in part caused by people taking mortgages they could never afford (often pushed by predatory lenders). To avoid foreclosure, it is very important to educate yourself on the legal implications of taking on a mortgage before you begin mortgage shopping. This section includes articles addressing mortgage liability matters and what to do if you are behind on your payments. What to Do When You’re Behind on Your MortgageMost people will experience periods of financial difficulty at least once in their lives, which can make it very difficult to pay your mortgage in full and on time. But keep in mind that lenders are not motivated to foreclose on your loan as long as they know you’re also making good faith efforts to pay repay what is owed. Therefore, you should contact your lender as soon you suspect you may not be able to make your payment on time or in full; the longer you wait, the fewer options you will have. If you have fallen behind on your payments, talk to your lender about the following options: Reinstatement – Borrower pays the past due amount (and any applicable late fees) by a certain date; this makes the most sense for temporary financial setbacks. Repayment – Similar to reinstatement, but a portion of the past due amount is added to the regular monthly payment until borrower is current with payments. Forebearance – Mortgage payments are either suspended or reduced for an agreed-to period of time; when this period has ended, borrower resumes regular payments in addition to the past due amount (either in a lump sum or installments); not a good option if your financial setback is permanent. Loan Modification – Short of selling your home or slipping into default, this is the best option for borrowers whose incomes have fallen indefinitely; this involves a renegotiation of one or more loan terms. Sale – Sometimes selling your home is the only option. Bankruptcy – This is the most extreme option and can blemish your credit report for 10 years, but offers a fresh start for those who cannot repay their debts Does Mortgage Insurance Work?One way to protect yourself against a possible default is to purchase private mortgage insurance, which is required by some lenders if your down payment is less than 15 or 20 percent. This amount is added on to your monthly mortgage payments, but may be cancelled if you accumulate a certain amount of equity in the home (typically 20 to 25 percent). You also may be able to cancel your mortgage insurance policy if your home’s value has significantly increased through a remodel or local property increases. Free Initial Consultation with Mortgage LawyerIf you need legal help with your mortgage, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/behind-on-your-mortgage/ The IRS can randomly or intentionally select a tax return to verify that the taxes reported are correct. If you’ve been selected for an audit, there are ways to get help to avoid penalties and charges. While it’s tempting to rush through the audit process, you should be mindful of several ways to get audit help. Before you seek help for a tax audit, knowing the basic tax audit process and the taxpayer’s rights should make the audit process go smoother and faster. For all types of audits, the IRS will send a notification in the mail. The notification letter will contain detailed steps to take and a deadline to reply. After responding to the notification letter, there are three possible outcomes to a tax audit. First, the IRS can accept your explanation and your supporting documents and make no changes to your tax return. Second, the IRS can propose to make changes to your tax return and you can accept the changes by signing a document. By accepting the changes, you will probably have to make arrangements to make payments. Third, you can refuse to accept the changes proposed by the IRS and challenge the assessment. You can set up a conference with a manager at the IRS office to resolve the issue. The IRS informs its employees and the taxpayers that the taxpayers have the following rights (1) A right to professional and courteous treatment by IRS employees; (2) A right to privacy and confidentiality about tax matters; (3) A right to know why the IRS is asking for information, how the IRS will use it, and what will happen if the requested information is not provided; (4)A right to representation, by oneself or an authorized representative. Receiving a notification letter may be intimidating, especially if the IRS is telling you that there’s an error in your tax report. Don’t panic. There are ways to fix those problems by getting help. Depending on how you’ve been audited, you should carefully determine whether you need self-help tools, tax audit assistance, or full representation for your audit. If resolving your audit issues seems simple, you can use online or self-help tools. The IRS publishes articles and guides that explain specific tax issues. Read those documents to find answers to questions you may have. If the IRS is simply asking you for additional document(s) for accuracy, you probably won’t need to buy tax audit assistance services or hire a tax lawyer. As long as you provide required documents, your audit will end. There are various tax audit assistance programs, which can help you learn about what to expect and discover details of your audit. Services vary by companies and types of services. Typically, a tax professional will assist you in reviewing your audit notice and explain your options. In some cases, the tax professional will handle issues and paperwork to process your tax audit. If you’re being charged with a serious penalty or a crime, then you should consider getting tax audit representation. If the IRS states that you made a serious mistake, you may be facing a large penalty. Hiring a tax lawyer is necessary when there are tax fraud or evasion issues. In that case, you should hire a tax professional or a tax lawyer, who will negotiate on your behalf, research any issues related to your audit, and communicate with the IRS tax agent to resolve the issues. There are many resources and companies offering tax audit help, but you need to make sure you choose the right one for you. Make sure the service you choose will help you the get the result you want. Here’s a basic list of what you should look for. The tax professional must be trained and specialized in tax. The tax professional should be able to tell you what to expect and how to prepare for the audit. The tax professional should help you understand tax law. The tax professional’s office should be conveniently located (for tax audit representation). You should feel comfortable telling the tax professional your personal information. Free Consultation with a Utah Tax AttorneyIf you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/tax-audit-help/ Mandatory reporting laws are widespread in the United States. Some people are required to report in Utah. If you’re not sure if you have to report, call a criminal lawyer to discuss your situation. Domestic violence mandatory reporting requires that a medical professional report to the police when he or she knows or reasonably suspects that a patient has been injured as a result of domestic abuse. The details of mandatory reporting laws are quite distinct between states, however. In California, for example, counselors and psychologists are not subject to mandatory reporting. Mandatory reporting applies only to medical professionals who have provided medical services for physical conditions. This is to encourage victims to attend counseling sessions for their mental health, even if they’re not ready to tell the police about the abuse. It’s important that this distinction is made, because in California, medical professionals are subject to criminal punishment if they fail to report abuse. What this means is that, if a victim is abused and goes to the hospital to treat the injuries, the physician absolutely must report the suspected abuse. The victim won’t be left in the dark, however. Federal law requires that the medical professional alert the patient if a mandatory report will be sent out (with exceptions). That way the victim can make plans to avoid their abuser if they fear further violence. Much of the difficulty in escaping domestic violence is due to the fact that most victims share their lives with their abusers. They share the same home, they often share their finances, and frequently, they share a family. Domestic violence laws differ from state to state, sometimes significantly. These differences range from the very definition of domestic abuse – whether abuse must be physical, or whether it can be emotional, psychological, and financial – to the requirements under mandatory reporting laws. For example, in some states, medical professionals may have to report suspected abuse to the police. This is important because many women choose not to receive medical care if they know that their abuser will get in trouble. Because of all these differences, the whole process of escaping a domestic violence situation depends on the state in which you live. If you or someone you know is a victim of domestic violence, please read ahead to understand existing domestic violence law and how the differences from state to state may change the development of your case. Many states differ on their arrest policies for domestic violence cases. The majority of states have adopted preferred arrest policies that require police to either arrest one or both parties at the scene, or to write a report justifying why an arrest is not made, and some states (for example, Utah, Wisconsin, and Minnesota) have even adopted mandatory arrest policies requiring that an officer make an arrest during a domestic violence situation, but only if the domestic violence meets certain criteria. Criminal Lawyer Free ConsultationWhen you need help with a criminal law matter, please give our office a call for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/domestic-violence-law/ An “interspousal transfer deed” transfers title (ownership) between a married couple. A gift given by one spouse to the other during the marriage is considered “separate” (owned separately), not “marital” (mutually-owned) property. This is important because through a deed, marital property can become separate property or vice versa, which is an important distinction in a divorce. An interspousal transfer deed can be useful when one spouse has poor credit, and the couple wants to refinance their home. To receive a better mortgage interest rate, the couple may decide to use an interspousal transfer deed to transfer title to their home to the spouse with better credit. What is a Quit Claim Deed?A “quit claim deed” transfers whatever interest one spouse has in property to the other spouse. An important difference between an interspousal transfer deed and a quit claim deed is that a quit claim comes with no guarantees or promises about property ownership. Some examples of circumstances where a couple might use a quit claim deed are to transfer title to property as a result of divorce settlement, and when one spouse wants to give up interest in property. Interspousal transfer deeds can be used to avoid tax liability when transferring property. When title to property is transferred, the county may impose a transfer tax and may reassess the value of the property which could result in higher property taxes. However, an interspousal transfer deed is a special kind of transfer that is exempt from transfer taxes and ultimately a cost-effective method of transferring property between spouses. Quit claim deeds are very simple and use a form that is easy to find online or at office supply stores. However, with a quit claim deed one spouse may give up rights to certain property but not necessarily liability for any mortgage or lien on the property. A problem could arise if one spouse is awarded the marital home in a divorce and the other spouse uses a quit claim rather than interspousal transfer deed to transfer his or her interest. The spouse that gives up his or her interest to the house may still be responsible for one-half of the mortgage debt because their liability can’t be transferred through a Quit Claim Deed. Preparing a DeedA deed is a written document that legally transfers property from one person or entity to another. Through a deed, one spouse can give his or her own property to the other, and the property becomes the receiving spouse’s separate property. There are many ways to accomplish a property transfer, but two of the most common ways to transfer property in a divorce are through an interspousal transfer deed or quit claim deed. Whichever deed you decide to use, it’s important to make sure that the deed is completed and recorded correctly to be valid. The deed should be completed and must (1) be in writing (2) list the spouses involved in the transfer (3) identify the property being transferred by address and/or legal description (4) be signed before a notary public, and (5) be recorded in the county recorder’s where the property is located. It’s always best to make sure you have a Real Estate Lawyer Divorce Attorney Free ConsultationWhen you need help with real estate or a divorce matter, please call Ascent Law at (801) 676-5506. We will help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/transferring-property-between-spouses/ |
ABOUT USFather's Rights Lawyer in UT. If you need Father's Rights lawyer, Child Custody, Divorce, adoption or family law attorney who does Father's Rights, Child Custody, divorces and bankruptcy – all types of family law, sole custody and full custody that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation. Find the right Father's Rights Lawyer in Utah can be tough, so you need a smart Father's Rights lawyer who can help you today for your child's custody. Call 801-676-5506 for the BEST Father's Rights attorney in Utah now. Archives
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