What is Child Custody Mediation in Utah?

Bad things happen in our lives, and that is inevitable.  This is the time when hard decisions have to be made regarding the welfare of the child. Who takes custody of the child and why? Who will be responsible for child support? This is where the issue of child custody mediation may come in. Since the 20^th century, parents have increasingly used the process of child custody mediation to help them resolve their differences and reduce the scars of divorce. So, what is child custody mediation? Here is everything that you need to know about the process.

What Is Child Mediation?

Child custody mediation is a process that offers parents an opportunity to resolve their disagreements about a viable parenting plan for their children. During the child support mediation process, an expert will help the affected parents in resolving their differences and also helps them to write a parenting plan that will transform into custody and visitation order if a judge signs it.
The primary goal of custody mediation is to allow parents to make sound decisions and to help them feel positive about the fate of their young ones after divorce or separation. The other goal of the child custody mediation is to help the parents make a better parenting plan that is in the best interest of their children and also teach them on ways of dealing with anger and resentment.

How Is Child Custody Mediation Different from a Court Litigated Custody Dispute?

This type of mediation differs from the traditional litigated custody in almost every aspect. Whereas in the traditional court litigated custody every parent retains an experienced attorney who goes to court to fight and argue on their behalf, child custody mediation is a mediated agreement between the parents themselves. The parents work with a single mediator and attorney to help them reach a consensus on all issues relating to the custody and welfare of their children. In litigation, the power to make decisions regarding child custody of the children is in the hands of the court, and there is nothing the parents can do once the judge delivers the court judgment.

Are you struggling with child custody issues in Utah? Contact the Law Office of David Pedrazas for professional legal assistance. We offer free case evaluations, and we will help you through the difficult time of divorce. We have been helping our clients deal with divorce since 1998. Contact us today and let us help you.


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

How do Utah divorce courts calculate alimony?

At the Law Office of David Pedrazas LLC, we know going through a divorce is difficult and stressful. It’s even harder when you’re trying to understand alimony and how it’s determined. Fortunately, David Predrazas can walk you through the process and helping you understand how Utah divorce courts calculate alimony.

Alimony, or financial spousal support, is an allowance the divorce court orders one person in the divorce to award the other during separation, throughout divorce proceedings, or after the divorce is completed. Several factors come into play when determining alimony.

Length of Marriage

The amount of time one party can receive alimony cannot be longer than the timeframe of the actual marriage. In addition, the longer a couple was married, the stronger the case for alimony can be.

Recipient’s Financial Needs and Conditions

Utah divorce courts examine the financial needs of the husband or wife receiving alimony, as well as their current financial condition. This process includes examining their monthly obligations, debts, and their ability to pay them.

An additional financial factor the court looks as is the potential recipient’s ability to earn their own income. This includes examining the potential recipient’s employment history, ability or lack of ability to work, the income they receive from all sources, and their diminished capacity workplace experience from serving as the primary childcare giver.

Paying Spouse’s Financial Conditions

The paying spouse’s ability to pay alimony is also considered. The court looks at their income, financial obligations, and their debts. It should also be noted, that they can’t incur debt just to prevent paying support.

Additional factors the court considers include:

• Determining if the spouse receiving alimony has custody of minor children.
• Considering if the receiving spouse worked in the other spouse owned or operated.
• Determining if the spouse receiving alimony contributed to improving the other spouse’s employable skill by paying for their education or enabling them to attend school while the couple was married.

If you’re going through a divorce, awarding alimony won’t be an automatic part of the process. If one of you has filed to receive alimony, we at the Law Office of David Pedrazas LLC can guide you through the process and all the factors involved when Utah divorce courts calculate alimony. For a free case evaluation to discuss your concerns, call our firm now at 801-263-7078.


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

What Happens In Mediation for Custody?

No two marriages are similar, and so it also follows that no two divorces will be alike.
Occasionally, after a divorce, specific issues such as child custody, property, and support remain unresolved. Some spouses opt to hire a mediator to help in resolving their disagreements. It's prudent to consult an experienced family lawyer during mediation for child custody. But that is not all; you have to be prepared. How? Here are a few important things you should know.

How to Prepare for Mediation

Request

First, consider whether you are interested in mediating with your partner. Often, an individual is ordinarily free to accept or reject a mediation request unless a judge orders them to take part in mediation. It’s advisable to approve a mediation request if you believe that it will solve differences between you and your spouse.

Response

After making up your mind about the mediation request, it's vital to inform your ex in writing. If you are interested, you can show the written response to a judge in court to prove your willingness to cooperate with your partner.
If you decline mediation, you may have to give valid reasons. Mediation shows that you are cooperative. In some states; parents can submit their requests for mediation through the court. Just contact a nearby court and make a direct response to a mediation request.

Consequences of Failing to Cooperate

If a judge orders you to take part in mediation, they expect you to attend at least one session. If you violate a court order, you may be held in contempt.
No precise ramifications exist if you fail to participate in mediation not ordered by a court of law. Your ex may accuse you of not cooperating in court. However, both parents are expected to agree to take part in mediation for child custody.

Steps in Mediation for Child Custody

Some states require both parents to complete the mediation process for a judge to issue court orders. It involves the following steps:

• Initial meeting: When attending a mediation session, it's wise to be willing to listen to other parties. In a typical custody mediation, you are not expected to cause fights. Instead, create an excellent custody plan that is appropriate for your child's interests. It’s worth noting that, the mediator can't offer legal advice since they don't represent you.
• Identify custody-related issues: A genuine mediator will determine fundamental child custody problems that need to be resolved. Often, mediators prioritize the issue when categorizing.
• Solutions: You can offer possible solutions to existing child custody differences.
• Custody agreement: It's critical to prepare a child custody arrangement after resolving various custody-related issues. It is a legal contract which reflects critical points in your custody arrangement.

Are you contemplating on mediation for child custody in Salt Lake City, Utah? The Law Office of David Pedrazas, PLLC is a renowned law firm serving the Salt Lake area residents.  We have over 15 years of experience in family law. Contact us via 801-263-7078 for a free case evaluation.


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 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