How Alimony is Calculated in Utah

Marriage is a common experience in western cultures where over 90% of people enter into marriage before the age of 50. A healthy marriage is good for both the physical and mental health of those involved. Healthy marriages are also good for the children, it’s a safe haven where the children are protected from various physical, social, educational, and mental problems. Unfortunately, divorce — the dissolution of marriage — is also common among western couples. In the US, for instance, nearly 50 percent of marriages end up in divorce.

One of the most common questions couples asks during initial divorce consultations revolve around alimony. What is it? How is it calculated? Alimony is the payment made to the financially disadvantaged spouse after a divorce. The payment is intended to help the recipient spouse maintain a standard of living that is as close as possible to the marital standard of living. The judge will not give alimony payment to the spouse with the more property or higher income — or both.

How Courts Determine Alimony

Courts assign alimony payments after the distribution of marital property between the couple. Therefore, the judge has all the crucial details including the spousal debt obligations as well as asset distribution. That way, the judge is able to make an appropriate decision when awarding the alimony payment to the financially disadvantaged spouse. There’s no clear-cut calculation method like it is with child support payment. However, many websites offer alimony calculator Utah residents can use to get a rough estimate of the alimony.

The function of Time and Need

An experienced divorce attorney will tell you that alimony calculation is a function of time and need. The length of the marriage, that is the time that the couple has been married can determine whether alimony is awarded or not. If the couple has been married for a short time and hasn’t quite gotten used to marriage life, alimony may not be awarded especially if both spouses were working before they got married.

The other key factor is the need. A spouse must demonstrate financial need to receive an alimony award. The judge will look at the spouse with the lower income to determine if he/she can spare a reasonable amount to cater for monthly expenditures. After establishing need, the courts will look at the other spouse’s ability to pay the alimony and if he/she can, an alimony award is likely. If you need help with your alimony payment in Utah, contact Law Office of David Pedrazas, PLLC for assistance.


About the Author:
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

Summer Schedule Tips for Divorced Parents

Are you planning a divorce and concerned about how to handle the holidays and other special times with your children? We know it may not always be easy to find the right holiday schedule for divorced parents, but it can be done with some time, patience, and cooperation. We also know that each situation is unique and different and that each family has a dynamic that has to be addressed properly.

That helps everyone in the family get their needs met, and also helps keep the children feeling safe and comfortable with the arrangements that have been made. The right holiday schedule for divorced parents is one that gives both parents the opportunity to spend plenty of time with their children, but also takes the needs and wants of those children into account. There are some very important issues to consider.

Which holiday is it?

The type of holiday in question may really matter. For example, most families try to set things up where the children spend Mother's Day with their mother and Father's Day with their father. They may alternate Christmas Eve and Christmas Day every year. There are many other examples and a lot of different ways to come up with a holiday schedule for divorced parents that works for everyone.

Do work schedules come into play?

Whether a parent has a job that requires them to work on holidays can also matter. Not every parent is available at the times and places they want to be. That has to be carefully considered because work schedules cannot always be changed. Some leeway may be required, and having a legal advocate to help with that ensures fairness in the options the parents have.

Does one parent have a special request?

If there is a special reason a parent would like to have their children on a particular holiday, taking that into account matters. By working with good legal counsel and representation, parents can come to an agreement that allows these kind of requests. That can give them the option to adjust the schedule without breaking any rules, to remain fair to the other parent, and keep the children happy, as well.

Attorney David Pedrazas understands that not every divorce case is the same, and that children and parents have different needs that depend on a number of factors. By reaching out to him, parents can give themselves and their children the opportunity to have a strong legal advocate on their side. That can benefit everyone involved, and make the holidays a more comfortable and happier time, overall. It brings peace of mind to the family and reduces the stress that can come with holiday times after a divorce has taken place. Contact us today, and get a free evaluation of your case.


About the Author:
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

How Do I Know if My Child Support is Fair?

While you may be paying child support to support the upbringing of your child, do you know how much you should be paying? The federal government has state-specific provisions on how child support payments are fulfilled. It is essential to consult with a child support lawyer in Utah to ensure that your payment within the specifications of laws applicable to your state of residence. With the help of a professional child support attorney in Utah, you can ascertain how much you what your contribution should be.

While the cost of raising a child is high, federal and state law provisions consider your healthcare, expenses, and level of income to determine what you should contribute.

How much should you be paying?

The purpose of child support payment is to cater to the needs of your child after divorce the same way when your marriage was intact. However, the specific amount of money you are required to pay for child support is determined by unique factors including:

• The amount of time you spend with the child: The law requires that you pay more money if you don’t spend much time with your child. In case the court awarded the mother sole custody of the child, you are obligated to pay a high amount of money for child support.

• Level of income: If you make an average salary or a high income, the amount of payment for child support is roughly a percentage of your income as determined by the court issuing the child custody order.

• Your Net Worth- If you are self-employed or invested in a business with high returns, the court will consider your equity and stipulate the amount of payment you should make. However, being wealthy is no reason for your ex-partner to extort money from you. The court should only ask for a reasonable amount of money to cater for the needs of your child that you contribute previously, in marriage.

With the presentation by a child support lawyer in Utah, you can argue your case and have the court authorized only your fair share of child support payment.

If you are paying for child support, you owe it to yourself to determine if it is fair. With the help of The Law Office of David Pedrazas, PLLC you can determine if your contribution is too high. Contact us now to book a free consultation session.


About the Author:
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

The Steps to the Process of Child Custody Mediation

When marriages come to an end, children tend to be the most affected parties. Each parent wants to be part of their children’s lives just as before. This is why Child Custody Mediation is more beneficial than custody battles in the courts. Mediation allows both parents to amicably come to a parenting plan that allows them to actively be involved in their children’s lives. This process also has other advantages like time-saving, cost-saving, less stress, and more importantly, the process keeps the family more united compared to court proceedings. These are the steps followed during custody mediation in Utah:

 

Meet the Mediator

The first step is to identify a mediator you both agree on. During the first meeting, the mediator will explain how the mediation process works and what each parent is required to do. The mediator doesn’t represent any of the parents; neither does he/she give legal advice. Their main job is to help the parents reach a custody agreement. This is not the time to bring your fights – it’s time to focus on finding what’s best for the children.

 

Identify and Categorize the Contested Issues

The mediator will help identify what custody issues need to be tackled in terms of priority. It’s better to start with the easy issues to give the parents time to ease into the process, whereas the complex issues can be tackled later when they have fully accepted the process.

 

Discuss Solutions

This stage can only be successful if both parties are open-minded. You have to find the best possible solution to the issues discussed before. The mediator will negotiate the solutions and both parents need to compromise with each other’s solutions. Both parents should give solutions that are in the best interest of the children, not their own.

 

Sign the Custody Agreement

After finding solutions to the contested issues, the mediator will draft the custody agreement. Make sure you go through this document to ensure it reflects what you agreed on. Understand that this document is legally binding. So, before signing it, let your attorney examine it. After both of you are satisfied with the agreement, you can sign it and have it submitted to the court for approval.

 

Mediation provides a better alternative to solving child custody issues as compared to court proceedings. Both parents get a chance to contribute to what is best for the children. Attorneys at The Law Office of David Pedrazas, PLLC help Utah families reach co-parenting solutions that are beneficial to the kids and meet every parent’s needs.

 

 

About the Author:

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

3 Common Divorce Misconceptions

Did you know the number of divorce cases has been on the rise? Divorce in Utah can be a troublesome procedure. It has turned out to be more muddled due to the untrustworthy and befuddling information accessible on the internet. We have had numerous individuals visit our office who have done particular research about separation procedures, guardianship, and different issues.  It has driven them to a few misinterpretations about how separation functions and the laws that encompass it. We need to ensure you're mindful of the main three confusions and how to stay away from them.

 

Altering the pronouncement is straightforward

In Utah, a separation announcement can be formally adjusted after the separation procedures are finished. Be that as it may, numerous mates misjudge the accessibility of these changes. Certain parts of a separation proclaim can't be adjusted, paying little respect to a life partner's purpose behind asking for changes. State law just permits the alteration of the accompanying parts of a separation settlement:

•    Spousal bolster
•    Child bolster

Besides, legal changes are for the most part just an alternative if life partners meet particular criteria. For example, life partners must record a considerable change in money related conditions; for example, loss of salary, to ask for tyke or spousal help alterations. Guardians looking for youngster care alterations must demonstrate that their living conditions or the kid's living conditions have changed especially. Regardless of whether companions can meet these criteria, court endorsement of asked for changes is never ensured.

Blame never matters

The Utah Family Code permits mates the alternative of looking for a "no-blame" separation on the grounds of hostile contrasts. Notwithstanding, the accessibility of this alternative does not disallow mates from looking for a "blame" separation. Life partners may seek after this sort of divorce on different grounds, including pitilessness, surrender, infidelity, imprisonment in a psychological organization and conviction of a lawful offense.

If a life partner can efficiently build up that the other companion was to blame for the separation, this may influence different parts of the settlement. Family law judges in Utah may specifically take conjugal offenses, for example, infidelity, into account while deciding spousal support grants. Certain kinds of offenses may likewise influence kid guardianship choices. For instance, if mercilessness appears as mishandle, the court should seriously think about this conduct when granting tyke authority and appearance.

Legitimate portrayal isn't important

Life partners in Utah have the choice of finishing a separation without the help of a lawyer. Tragically, however, numerous life partners may not comprehend entirely their rights or the criteria that family law judges will use to choose critical components of the settlement. Subsequently, doing without portrayal may expand the danger of missteps and other antagonistic results. A lawyer might have the capacity to enable a life partner to comprehend the crucial laws and express his or her needs and wants in court. Dealing with the separation procedure alone can be exorbitant, mainly because a few parts of a Utah don’t allow changes in divorce declaration.  Subsequently, separating life partners ought to consider counseling with a lawyer to better comprehend their choices and ensure their legitimate rights.

At the Law Office of David Pedrazas, PLLC, we have broad family law experience. We can help answer your inquiries and enable you to maintain an effective strategy. Call us today and plan an arrangement to talk about your circumstance.


About the Author:
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

How to Find the Right Divorce Lawyer in Utah

Divorce lawyers regularly assume a critical part in their customers' cases, which is the reason it is imperative that individuals pick the correct lawyer. Sadly, not all relational unions in Utah are the joyfully ever after ones that couples were seeking after. Actually, the Centers for Disease Control and Prevention reports that the divorce rate in the state was 3.1 for each 1,000 aggregate inhabitants in 2014. At the point when individuals settle on the troublesome choice to end their relational unions, there are various issues that they should settle before they can proceed onwards with their lives. Subsequently, it is imperative that they pick the correct divorce lawyer to speak to them and guide them through the lawful procedure.

Request proposals

While employing a divorce lawyer, it isn’t recommended to simply choose a lawyer at random. Perhaps individuals should set aside an opportunity to ensure they are choosing the right lawyer for them and their
circumstances. Sometimes, separating companions may have relatives, companions or different colleagues who have experienced a comparative ordeal. They may consider requesting that they suggest a lawyer who they had a successful experience with.

Research potential lawyers

Indeed, even in the wake of getting proposals, individuals should research their lawyer options before making a final decision. This incorporates investigating their capabilities and additionally perusing audits from prior customers. By inquiring about potential divorce lawyers, individuals may better comprehend which lawful representative is most appropriate for their situation.

Direct meetings

Divorce and other family law-related issues are frequently of an unique sort and individuals should work intimately with their lawyers. Therefore, it is essential that they work well with their lawyer. Keeping in mind the end goal to enable them to choose whether their identities are perfect, one may think that it’s accommodating to personally meet the lawyers they are considering before settling on a decision. Leading meetings may likewise help them to check regardless of whether a lawyer will offer them with the empathetic help they require.

 

Consider the expenses

The expenses that divorce lawyers charge may fluctuate altogether beginning with one and onto the next. Frequently, funds might be tied up until the point that their divorces are settled. Subsequently, it might be vital for individuals to get some information about their expenses through careful research while choosing a divorce lawyer. This may help limit one's decision and guarantee they don’t settle on a legitimate delegate whose expenses they can’t bear.

Be careful about certifications

Some lawyers may make assurances to potential customers with an end goal to win their business. In any case, the Utah Courts bring up that conjugal resources in the state are separated as per the standard of evenhanded dissemination.

Divorce lawyers in Utah from Utah Divorce frequently assume a significant part in the results of their customers' cases. Subsequently, it is essential that individuals set aside an opportunity to guarantee they are picking a legitimate delegate who fits well with their necessities. A lawyer may arrange settlements for their sake and help guarantee their rights are maintained all through the procedure.


About the Author:
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

3 Reasons Not to Compare Your Divorce to Other People's Divorces

The vows to live forever, an expectation to live happily ever after and grow together are some beautiful thoughts every couple dreams of about their marriage. But life comes up with many ups and downs and those who can’t handle these situations maturely end up with some rough results such as continuous arguments, therefore, heading towards divorce.

A divorce is a choice made by people who want to depart their matrimony. Divorce though is a common occurrence that sprouts up due to incompatibility yet what’s uncommon about this is comparing your divorce to other people’s divorce. Comparing one's divorce to another makes for an immature way of handling the situation.A number of Utah divorce attorney suggest that diligence lies in handling things rationally and not comparing your divorce to other people’s divorce is one such maturity. Following are the reasons that signify why one should not compare divorces:

Different Reasons:

Every marriage has a different reason to end. These reasons form the basis of further allegations in legal trials. Comparing your divorce to other peoples divorce not only shows your disbelief in your attorney but also leaves that attorney confused. Attorneys handle all divorces uniquely since all situations vary. For example, one reason for divorce may be cruelty while for another might be negligence from the spouse. The difference is not always limited to reasons behind the divorce rather they may sometimes extend to the expenses incurred on attorneys and services provided by attorneys. Hence a different path and process is followed depending on the reasons for divorce.

Different Situation:

There are different situations for every couple, some end up for psychological reasons and some end up for physical reasons. Though both of the reasons have a psychological effect on couples the situations are always different. Keep your focus on your own situation rather than comparing it to others situation as you are just aware of one side of the coin of their marriage. Be self-referential as it is your marriage that’s ending. Comparing your divorce situation may divert your attorney’s focus which could result in unnecessary delay in the process.

Different People:

No situation is exactly like another, and everyone has his or her own psychological strength and mindset to handle situations. You cannot compare your ability to handle things with others. Everyone has a tendency to look where they are lacking. So, instead of comparing with others, try to focus on your situation and handle it maturely.

Comparison of any kind can enhance problems. The best thing to do in this situation is to simply trust your attorney and believe in what they advise. Comparing always brings negativity to the mind. It is best to focus on your situation as it’s ultimately your marriage that could be heading towards divorce. Each person goes through different circumstances, and even alimony and child support system is different in every case. So, to judge your situation according to others proceedings will only create a hindrance in your proceedings.


About the Author:
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