Wednesday, May 29, 2019

How to Find Out If I Owe Child Support in Utah



Regardless if you are married or not, separating ways won’t just affect you. Child support is a financial benefit provided by a parent to his child. It is accorded by the law. If you just had a divorce, how would you know if you owe child support?

Applying for Child Support

If a mutual agreement doesn’t work, the law can help you with your child support case. If you are in the Utah area, you have to contact ORS. ORS or Utah Department of Human Services Office of Recovery Services focuses on providing support to this kind of case. If you want a private law firm to appeal the case for you, you can hire a private Salt Lake City child support lawyer as well.

Calculating Child Support

There are different factors considered when it comes to the amount of child support. The Utah State legislature has developed a formula for this. Child support changes once any of the factors in calculating child support changes. Among the factors that are considered are parent’s income, number of children to support, the needs, and cost of living among others.

Owing to a Child Support

Is it possible to back-owe child support in Utah? Indeed!
The statute of limitations when it comes to Utah child supports back child support. It means that missed payments are considered arrears. You have to pay for it as required by the law. Even if your kid is older than 18 years old, if he or she still needs support (eg school support), you are obligated by the law to do so.
In Utah, you can contact the ORS to find out how much back child supports you might owe.

What to do if you owe child support?

If a the ORS determines that you owe back support, they can take your federal tax return or garnish your wages. In Utah, you can even go to jail for not paying your arrears in child support.
To avoid such, talk to your lawyer. There are steps that you can do to avoid penalties including asking for equitable forgiveness, creating a payment schedule, negotiate with your ex-partner, or ask the court to redetermine your back child support.

Author Statement:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997 and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Thursday, May 2, 2019

Can I Change My Child’s Last Name After a Divorce?



Going through a divorce is one of the most stressful and challenging situations that someone can deal with. When you are going through a divorce, the entire system and process will only be more complicated when kids are involved. One issue that many people have when kids are involved in a divorce is deciding what the name of the child will be after the divorce is final. When you are trying to change the name of a child after a divorce is over, there are several important factors that could influence whether or not you are able to change your child's name. Courts will look at whether a name change will strengthen the mother-child relationship, or it is necessary to help a child adjust to a new family unit. The courts will try and balance those factors with the strength of the father-child relationship, or if the father had done something like murder someone and now the child has an infamous last name. What it boils down to is if changing a child’s last name after a divorce is if it’s in the best interest of the child to do so. If you don’t have a good reason to require a child’s name change, you may be able to get a name change granted with the permission of the other parent. Keep in mind that changing a child’s name will not change the rights or duties of a father to that child.

If you are going through a divorce, hiring a family law attorney would very beneficial. When hiring a family law attorney Salt Lake City, residents will benefit greatly from the legal support that is provided. Attorney David Pedrazas has helped many people with the challenging legal aspects that come with divorce and child custody. The Law Office of David Pedrazas, PLLC is committed to helping you and ensuring that your rights are properly represented during any divorce or custody proceeding.

Author Statement:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997 and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Friday, April 12, 2019

3 Things to Know About Taxes Your First Year After Divorce



It's always unfortunate when a divorce must occur, presumably, you loved your spouse when you each agreed to marry the other. The old saying of, “It is better to have loved and lost than never to have loved at all” is little consolation when experiencing the heartfelt loss and sorrow of a divorce. Ideally, you and your spouse can part ways amicably, but there are situations in which one party must defend their rights toward future financial success, and how does divorce affect taxes in Utah is an unfortunate issue which must be addressed.

1. Child Custody and Dependents

Child custody is an issue to be resolved by the court and Social Services. Regardless of what custody arrangements best suit the interests of the child, there are going to be financial responsibilities for each parent. The IRS only allows one parent to claim the child as a dependent, so it's important to know which parent the court decision will take such a deduction when determining custody status.

2. Alimony Deductions

A further issue of tax deductions is that traditionally alimony payment was a tax deduction in the state of Utah. A new law says that instead of the payer of alimony deducting the payment from their tax obligations leaving the recipient free of tax burdens, the recipient is now going to be responsible for paying the tax according to their income and tax records. Assuming the divorce can be practical rather than spiteful, it's best for each side to consider how such laws can affect each spouse.

3. Employer-Provided Spousal Benefits

An aspect often overlooked during divorce is the benefits a former spouse's employer provided. Health insurance is the most obvious, but also dental care for your children, Social Security, 401K Plans, or even small fringe benefits can be things one spouse has come to rely on from their husband or wife.

The final answer to the question of how does divorce affect taxes in Utah is that perhaps it shouldn't, but it does. That's why courts handle divorces. Courts don't deal with emotions, rarely recognize the pain people suffer when going through a divorce, yet determine what is fair for everyone involved according to their perception. And that explains why you need a lawyer to provide your case as it should be perceived.

Author Statement:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997, and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Monday, March 4, 2019

Preparing for Divorce: The Top 10 Tips You Need to Know


Divorce is a challenging time in anyone's life. There are a lot of things you'll need to balance and legal red tape to deal with. Here are 10 things you need to know to streamline this process and protect your rights:

1: Consult With a Lawyer

Your first step needs to be a legal consultation with a lawyer licensed in your state. Here you can learn vital information about your rights, responsibilities, and the divorce process.

2: Gather Information

You'll need copies of your financial documents including tax returns, debts, mortgages, and investments. This is a great time to get your accountant involved; he should have the latest information.

3: Take Inventory of Your Finances

Make copies of your current financial records including shared and private bank accounts. Also, create a budget. Much of divorce proceedings comes down to these figures.

4: Plan Your Living Situation

Your divorce lawyer may have specific advice here. Plan ahead for where to live during and after the divorce and what budget you'll need.

5: Protect Your Personal Accounts

Change the password on your email and social media accounts. If you have shared files you want to access in the future, make a copy.

6: Watch What You Put in Writing

If you use social media, this step is essential. Anything you write about your divorce may be used against you including status updates and emails.

7: Keep a Record

If things are hostile in your marriage, keep a written record of these incidences. Include when it happened and what happened in clear detail.

8: Open a P.O. Box

In a hostile marriage, your spouse may be tampering with or opening your mail. One solution here is to open a P.O. box that only you access.

9: Have the Conversation

Decide on the right time and place to tell your spouse. When you tell them that you want a divorce, try to stay calm and stick to the facts.

10: Consider Counseling

Your divorce will go much smoother if you and your soon-to-be-ex-spouse can get on the same page. A counselor can help if both parties agree.

Your Divorce Attorney Salt Lake City

When you're preparing for divorce, you want an experienced attorney on your side during this process. Utah divorce attorney David Pedrazas has over 20 years' experience handling cases just like yours. Contact us today to schedule a free consultation.

Author Statement:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997, and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Sunday, February 17, 2019

Alimony Calculator: Cracking The Code




Couples divorcing commonly have a lot of questions about alimony. Alimony is a payment from one spouse to the more financially struggling spouse. Alimony is not the same as child support, although it is possible to collect both. Alimony usually comes into play if a spouse gave up working to raise children for years and thus, now, with the divorce, will struggle to find a job and make ends meet since they’ve been out of the work scene for a while. That’s just one example though. Alimony laws vary in every state so it’s important to consult a Utah divorce lawyer to guide you through Utah’s alimony laws. Since conditions range widely and there are so many variables to consider, calculating alimony can be hard to do. That’s why you need a Utah divorce lawyer to talk you through it and provide alimony calculator Utah so that you understand your options.

Calculating alimony comes down to the amount of time you were married, the money both of you make, and the conditions of your divorce. Typically, you will not be granted alimony if you were married for 5 years or less. Usually, if you make significantly less than your spouse and have a kid together, you have a strong case for alimony. Finally, if the marriage ended because of adultery and there’s someone that can be found at “fault,” the case can be made for alimony in those circumstances as well.

Alimony is calculated by not only the current salary of both spouses, timing, and causes of divorce but also the financial lifestyle the couple had during their marriage. Alimony may not be granted or can cease if the couple’s children are matured, one or both spouses remarried, one or both spouses retired, or the court deems that after a reasonable amount of time, the spouse receiving alimony has not made a true effort to become self-sufficient. The length of time alimony must be paid can be determined by the couple or the judge, but it often correlates to the marriage's duration. These are very general scenarios of course, and so the best way to learn how your specific situation will look like to judge is to contact a Utah divorce lawyer for a FREE consultation. That way, you’ll get beyond the broad generalizations, and delve into the details of your individual case.

Author Statement:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997 and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Monday, January 7, 2019

How Do I Find Out If I Owe Child Support


While nobody enters into marriage anticipating that it is going to end in divorce, it is a reality that countless families across the country face every year. While it can be challenging to divide up the assets between the two partners, it becomes even more difficult when children are involved. Children cannot be split up and, of course, raising a child is also expensive. This is where child support comes into play. Often, one partner is asked to pay the other partner a monthly amount to assist with the cost of raising a child. Sometimes, people wonder whether or not they owe child support. How can people figure this out?

Visiting the Government Databases

In the modern age, it is unusual for people to go for months without receiving some sort of mail about child support payments; however, it does still happen from time to time. One of the easiest ways to find out information about child support payments is to go to the databases that state and local governments often have. These can be accessed online and by putting in some basic information, people can see whether or not they owe any child support payments. Sometimes, there is a delay between checks being sent out and the information being recorded in the database, so give it a few days after mailing a check to give the database time to update.

Visit the Court System

Sometimes, if the database is not accurate (such as if the other parent moved states), it can be helpful to visit the county court system. Often, the courts keep their own records of child support payments. There could be someone there who can help a parent figure out if they are behind on their child support payments. In some cases, the government system is slow and their records might not be accurate. Therefore, if people are in need of assistance, it could also be helpful to hire a legal professional.

Contact the Professionals Today

When families are going through a divorce, it is normal to have questions. For this reason, it is vital to contact David Pedrazas located in the nearby Salt Lake City, Utah area. Helping families for over 20 years, David Pedrazas has been recognized by numerous authorities throughout the area for his expertise and compassion when it comes to divorce law. Call today for more information on a free case evaluation!

Author Statement:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997, and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078