A well-drafted construction contract clearly sets out the work to be done, the price to be paid for the work, and the terms and conditions of payment. The contract should also allocate various foreseeable risks between the parties. When the parties allocate a list of potential risks, the contract becomes longer, but it reduces the potential for disagreements in “gray areas” that are not addressed at all – assuming that both parties take the time to read and understand the lengthy, dryly-worded document. Of course, failure to read a written agreement is not a valid defense. At some point you will probably find yourself wondering whether you should really sign the contract in front of you. If you order items from a-door-to door salesman, hire a contractor for a home improvement project, or go to work for someone as a consultant, you will be faced with a document, hopefully, designed to protect both you and the other party. Ideally, a contract allows the parties to define, in specific terms, the extent of their obligations to each other relative to the delivery of products or services and payment terms. When the contract is signed, it generally cannot be changed unless both parties agree. Consequently, it is important to protect yourself prior to signing a contract by understanding exactly what it is you are committing yourself to. Use the following list as a general guide. Make sure construction contract terms are workable for you. If they are not, attempt to negotiate terms that are more reasonable. Here are some of the things that you should make sure are in your contract. DeadlinesWe’ve seen many contracts with NO deadline to complete the project. I’m not kidding you. The agreement must have a time frame if any aspect of your transaction will occur in the future. If you are the party delivering the services or goods, make sure that you are allowing yourself enough time to complete the job. If you are the party receiving the goods or services, make sure that the delivery schedule conforms to your needs. If you want to contract for month-to-month services, make sure that you are not signing an agreement that obligates you for a longer period. Can you imagine wanting to move into your house or commercial building but there is no provision requiring the contractor to get it done on or before a certain date? Make sure there is a deadline in your contract. CostThe agreement should clearly state prices. Be wary of additional charges that you have not discussed with the other party. For example, when you contract with a professional, you will often be quoted an hourly rate that will not include additional charges for things like photocopying and postage. Make sure you know what the additional fees are and ask for an estimate. How are you going to pay for it?Determine the terms of payment and whether it is appropriate to your financial situation. For example, the contract may call for payments at the end of the month when the majority of your bills are due. You may also be able to negotiate installment payments if you cannot afford a lump sum. Determine whether there are late payment penalties and if they are reasonable. Other TermsIf you and the other party have an understanding about the goods or services, make sure that the particular terms are in the contract. For example, if you have agreed to make a collection of dresses out of silk-like polyester, then it should be in the contract. This will help you make your point should the buyer demand that the dresses were supposed to be made of silk. Particular industries have rules by which transactions are governed. If you see something in a contract that makes an assumption of following a particular industry procedure, but doesn’t set out the procedure in the contract, make sure you know what the industry procedure is before you sign. Trouble with AgreementsIf you need to have work started immediately, but cannot come to an agreement on the final terms of an agreement, you need to make sure that you are signing a construction contract that is not going to be enforceable as a permanent agreement. You can accomplish this by adding language like, “This interim agreement is in effect only until a more permanent agreement can be negotiated by both parties.” No matter how careful you are or how good your relationship with the other party, a dispute may arise. Many contracts include an arbitration clause, which means that a dispute must be settled in arbitration as opposed to in court. Arbitration is generally less costly and less formal than court, but if you sign the contract with the clause intact, you have probably waived your right to take the matter to court. The party with whom you are contracting may have had prior experiences that have led it to add particular methods of resolution to the contract. Those ideas may be perfectly agreeable, but they could also be unfairly beneficial to the other party. Analyze whether these terms will benefit you. Provision for Attorney’s FeesDetermine whether you will be charged for the other party’s attorney’s fees if you breach the contract and lose the case that will probably arise to enforce it. If you are prone to breaching contracts, this is the kind of clause you should avoid. Construction Contract Lawyer Free ConsultationWhen you need legal help with a construction contract, please call Ascent Law for your free 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
4.7 stars – based on 45 reviews
Buying a House with Someone Else via Michael Anderson https://www.ascentlawfirm.com/construction-contract-law/
0 Comments
Sometimes you’re not sure you want to get married because it may end up in divorce. Sometimes you think it’s just better to live together. You know, the decision to move in together should not be taken lightly for many reasons. Even if you never get married, your relationship could be determined to be a marriage like relationship. Whether it’s a young couple deciding to save money on rent or a longtime unmarried couple raising kids together, legal complications regarding money, property and lease obligations often arise, particularly if the “cohabitation” arrangement goes south. Even if things go well, there are legal complications which can crop up such as whether or not cohabitants can play a part in their partners’ medical or financial wishes in the event of sickness or emergency. Whether you already live with a partner or are considering moving in together, you’ll be well served by learning the legal basics of living together. Below you can find an array of resources –common mistakes to avoid, details on medical and health directives for people living together, tips for unmarried couples raising children while living together and more. Marriage vs. Living TogetherNot all couples wish to marry and would prefer to simply live together. Couples who make this decision would be wise to learn the benefits and drawbacks of cohabitation vs. marriage. Marriages are entered into through a process set out by the state. They are created and extinguished through court processes that have particular requirements and may generate expenses. Cohabitation has no particular requirements and can be begun or ended at any time. Divorcing couples must divide their property under rules set out by the law and the wealthier spouse may be required to financially support their ex. Cohabiting couples can divide their property however they wish when they split, but the lack of legal guidelines can lead to conflict and unfair results. Neither party is normally responsible to support the other following a split, no matter how different their finances are. Spouses can make important health decisions and have the right to inherit property. Cohabiters have no rights without a document granting power of attorney and don’t inherit unless the deceased’s will specifies that they should. Children born in marriage have their parentage presumed and the support of children is directed by law before and after a divorce. Children born in cohabiting couples do not have paternity presumed. Without establishing paternity there are no legal obligations for support during or after cohabitation. If you’re going to live together…Unmarried couples living together face issues that are different or nonexistent for married couples. If the relationship ends poorly there can be many complications that exist when a married couple divorce, but none of the legal protections. Making careful decisions about cohabitation can eliminate some of the more troublesome concerns before they develop. Financial clarity can be helpful, including entering into a cohabitation agreement that outlines the financial and other rules of the relationship so that both parties are clear about the arrangement. Titles and finances should be kept separate and accurate records of the parties’ contributions to each other’s property should be kept. Gifts or loans should be clearly labeled accordingly. Avoid commingling assets, allowing a partner to hold sole title to property you own together, or cosigning loans for your partner’s benefit. This means don’t put your significant other on your bank accounts, 401(k) or other financial accounts. Don’t hold yourselves out to the public as married or become financially dependent on your cohabitant. This means don’t tell people you are married. Don’t even joke about it. These sorts of actions can create legal and practical complication if the relationship ends. Living Together Lawyer Free ConsultationWhen you need legal help dividing up assets or resolving issues after living together with someone, please 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
4.9 stars – based on 67 reviews
Buying a House With Someone Else via Michael Anderson https://www.ascentlawfirm.com/divorce-or-live-together/ If you’ve filed a tax return, either with the state or the IRS, your tax return can be subject to a tax audit. The IRS has the authority to randomly or intentionally select tax returns to review the information or uncover mistakes or possible frauds from your tax return. Many tax professionals or tax preparation companies offer a service called “tax audit defense” to help you deal with the process. A tax audit defense is what a tax lawyer does on a regular basis. Tax lawyers usually end up defending a taxpayer or a business entity through an audit process. By getting tax audit defense, a taxpayer will have a tax professional to represent him or her and handle the audit process. To lawfully represent a taxpayer, the tax professional must be authorized to practice before the IRS (or before the state for state tax audits). A person is authorized to practice if he or she is a licensed attorney, certified public accountant, or an enrolled agent. Typically, a tax audit representative’s duties are to (1) communicate with the IRS, (2) gather necessary information, (3) attend meetings, and (4) submit documents. Taxpayers should get a tax lawyer to help defendant against an audit and to protect their assets and find an appropriate way to resolve the dispute without extra charge or penalty. Keep in mind that audit defense doesn’t prevent an audit. It is to reduce the risk and help the audit process go smoother and faster. Depending on the simplicity of your tax return, you may be able to handle the audit process yourself. However, if you’re being charged with large fines, penalty, or a possible crime, you should consider hiring a tax lawyer to represent you. Thus, carefully explore your legal consequences to determine whether you need tax audit representation or not. There are several types of tax audits. You don’t necessarily need tax audit representation if your tax return simply needs verification of information. The IRS will simply review the entire tax return to make sure there are no mistakes. If everything seems fine, they will make no changes to the tax return and you won’t need to make further action. So, before you purchase tax audit defense, you should research and discuss the investing strategies. A tax audit defense lawyer is worth getting only if your tax return is complex or if you’re being charged with penalties or a crime. If that is the case, you need a lawyer on your side. You want to choose the right tax audit defense that will resolve your audit issues. To do so, the tax professional should have relevant experience and knowledge in tax laws. Ask yourself the following questions to choose the right tax audit defense service: (1) Is the lawyer authorized to practice before the IRS (for federal tax audit) or the state (for state tax audit)? (2) How much experience and skills do the tax lawyer have? (3) What’s the lawyer going to do in the audit defense? (4) Does the tax lawyer have positive reviews online? As you file a tax return, the tax professional or the company may offer you to pay a pre-paid tax return audit fees. This pre-paid method works like insurance; you’re exchanging relatively small audit fees with full audit representation when your tax return gets selected for an audit. The downside of this method is that you pay the fees without knowing if your tax return will ever get selected for an audit. However, if your tax return gets selected for an audit, you get full audit representation without paying anything extra. If you had not purchased the pre-paid audit representation, you will have to retain professional help and pay the full price for the service. Depending on the service you get, it can be costly. Tax Audit Defense Lawyer Free ConsultationWhen you need legal help with a tax audit, please call Ascent Law for your free 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 via Michael Anderson https://www.ascentlawfirm.com/tax-audit-defense-law/ When you get ready to buy a house and you need help, or want to buy the house with someone else. The first thing that you should do is call and speak with a real estate lawyer so you don’t end up having to file a lawsuit later to clarify your rights. It’s not that people are necessarily bad, it’s that years later our memory fade or we think someone meant something different than what they remember. Many people consider buying a house together, for many different reasons. Whether it is your first-time home or an investment property, buying a house together does have its perks. If done with care, this arrangement can be very beneficial in getting you a house that you may not have otherwise been able to afford. Be sure to figure out the details explained in this article prior to buying a house together, though, in order to avoid financial and legal chaos. When you take ownership of property, you receive a piece of paper, called a “deed,” that shows you have title. This deed explains how you want to own the property. When you and another person or persons are buying a house together, you can own the property either as tenants in common (TIC) or as joint tenants with the right of survivorship (JTWROS). You still own the home in each scenario, but the implications of each are different. Each tenant has the right of survivorship, meaning that if one owner dies, that owner’s interest in the property will pass to the surviving owner or owners. The interest in property of the deceased owner simply evaporates, and cannot be inherited by his or her beneficiaries. Unlike a tenancy in common, where co-owners may have unequal interests in a property or fractional ownership, joint co-owners each have equal shares in the property. This form of holding title is most common between husbands and wives or parents and children, where the joint tenants want title to pass automatically to the surviving tenant. In both TIC and JTWROS, when one of the tenants wants to sell his or her part, he or she would sell his or her interest in the property. This is because it would not be feasible to divide the house down the middle and each own respective portions. The buyer would get the same rights and interests as the seller had. If you are buying a house together as a rental property, each tenant would be entitled to a portion of the rental income, proportionate to his or her share. Some people make the mistake of assuming that any issues or disagreements that arise will be worked out when the time comes. This approach can put a lot of strain on you, your time, your money, your relationship, and can even end up with you in court. Instead, try and think of anything that may arise during the course of your co-ownership, and write out what should happen in those instances. After the agreement is satisfactory to all tenants, each of you should sign it. Below are some issues that you absolutely should include in your agreement. This is probably the most important agreement to be made, since it affects the property once you decide to sell your share, or after you die. This decision is easy if you have a JTWROS. In that case, you simply divide your interest into equal parts. For example, if there are two of you, you would each agree to divide your shares 50/50. If you have a TIC, you have more options, because you don’t have to divide your interests 50/50. Instead you can divide the shares into fractional ownership. Some people decide who owns what based on how much money each tenant contributes. You could also agree that tenant A is going to receive a larger share, because of all of the maintenance she does; or that tenant B deserves a larger share, because he pays all of the property taxes each year. However you want to divide it up is fine, just as long as you all agree. Ongoing expenses, like mortgage payments, property taxes, utilities, maintenance costs, and insurance premiums should all be allocated according to what all of the tenants thinks is fair. Some people decide to split everything completely equally. Other people divide it based on the same percentage as ownership, or based on the percentage of a down payment each person made. Many times, if the home is a vacation home, the tenants divide up the expenses based on how much time each tenant will use the home. The affects of destroying your interest vary depending on whether you are in a TIC or a JTWROS. Without a co-ownership agreement, in a TIC, the tenant wishing to destroy his or her interest may obtain a partition of the property. A partition of the property divides any land into distinctly owned lots. Sometimes, especially with a house, this is not possible. In that case, a forced sale of the property could be conducted, with the proceeds being divided according to shares. Each co-owner is entitled to the right of a court-ordered partition. The good thing about determining who owns what percentage ahead of time in a co-ownership agreement is that you can avoid the court’s interference in partitioning. In your agreement you can also waive the right of partition. When a JTWROS tenant terminates his or her interest, the remaining co-owners keep their JTWROS between them and remain joint owners of the remaining interest. If the terminating tenant conveys his or her property to a third party, however, that third party owns his or her share on a TIC basis with the other tenants. The original tenants still preserve their joint tenancy interest between each other, while the new tenant is a tenant in common with the other two. This result arises because the timing is different. The original tenants all received their interest in the home at the same time, whereas the new tenant received his or her interest at a later time. If all the tenants wish to maintain a joint tenancy, then all of the original tenants must transfer the joint interest of the remaining joint tenants and the new joint tenant together, in one instrument. Absent an agreement that specifies otherwise, this is what happens when a tenant breaks or destroys his or her interest. One way around the default approach is to actually specify in the co-ownership agreement that a selling co-owner must preserve an opportunity for the remaining tenants to purchase the interest before any third party. Adding this provision makes sense; however, you must also think about how you will fairly assess the property value at that time, whether the remaining co-owner must accept the sale offer, and what will happen if the remaining co-owner does not have sufficient funds to accept the sale offer. Real Estate Lawyer Free ConsultationWhen you are buying a house and need legal help, please call Ascent Law for your free 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 via Michael Anderson https://www.ascentlawfirm.com/buying-a-house-with-someone-else/ When it comes to business accounting law, you need to know some of the terminology. This is, in fact, a critical part of starting or running a successful business. Learning about the “numbers” side of the business is essential. Don’t outsource it. As a business lawyer who works on various cases, we need to know accounting too. You may have a great product, unique concept, and personality in abundance, but if you can’t get your head wrapped around basic accounting, the business may be doomed before it has a chance to get off the ground. Having an accounting glossary in your head before you start the business is important so that you can write a coherent business plan, both for yourself and to potential investors or lenders. The following glossary of accounting terms should help get you started. Double entry bookkeeping is a system of accounting where every transaction is recorded twice—as a debit and as a credit. The accrual method is an accounting method where expenses and revenues are recorded at the time of the actual transaction. So if you make a sale January 1, you record the transaction on that day (the date the sale accrues), no matter when you actually receive payment. Business Accounting Lawyer Free ConsultationWhen you need legal help with a business accounting matter, please call Ascent Law for your free 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 via Michael Anderson https://www.ascentlawfirm.com/business-accounting-law/ Divorced parents may worry that their former spouses speak badly about them to their children, but when do a few negative comments cross the line and become psychologically damaging to a child and destroy the parent-child relationship? We’ve written about Parental Alienation Syndrome, or PAS, here. It occurs when a parent actively tries to distort a child’s perception of the other parent so that they will withdraw and avoid them. The long-lasting effects of such alienation can hurt both the child and the parent. Psychologists recommend that parents be on the lookout for the following warning signs that may indicate that one parent is attempting to alienate the child. Providing too much information about the marriage or reasons for divorce. Assigning blame to the other parent for financial trouble or for splitting apart the family, Pretending the child has a choice about visitation even though it has already been determined by the court, Asking the child to spy on the other parent, Wanting to change a child’s name or have a stepparent adopt. Acting hurt of jealous when child enjoys their relationship with other parent. Encouraging the child to remain angry at the other parent.Arranging special words or symbols intended to exclude the other parent Children who appear angry with a parent without a clear reason, or express that they have no happy memories of that parent, may have fallen victim to an attempt to alienate them from the parent in question. Why there are many reasons why a parent would attempt this behavior, it is often indicative of anger or other unresolved personal issues. But whatever the reason, the impact on the relationship can be difficult to overcome. Paying a Child’s Tuition After DivorceIf you’re going through a divorce and have children who are either attending or preparing to enter college, you might wonder how you will handle tuition and other college-related expenses in your post-divorce life. The following are answers to a few of the most common questions we receive on this issue: Are divorced parents obligated to pay for their child’s college education? Child support payments stop at the age of emancipation, which is 18 years old. This means there is no obligation for divorced parents to pay for their child’s college education. In fact, no parents — married or divorced — have to pay for their child’s education at all. Can financial support for college costs be included in a divorce settlement? Yes. In fact, this is the best way to get the financial support you need for paying college-related costs if you get divorced. You may then put these funds into an escrow or trust account to ensure their availability when needed or simply get a lump sum payment upfront. If I make a college support agreement, what should it cover? A college support agreement will include the percentage of expenses each parent will be responsible for, any limits on these payments, restrictions or conditions about the college (or type of college) the child would attend, which specific expenses will be covered and any other financial considerations. These details will typically require a lot of individual negotiations. Does custody play a role in responsibility for college expenses? If there is split custody, the calculations will become a bit more complicated. In general, the courts wish to create arrangements that avoid one parent being unfairly burdened with college costs. A judge may consider factors such as each parent’s income, tuition expenses, childcare costs and any scholarships the child earned. Parental Alienation Lawyer Free ConsultationWhen you need legal help in a parental alienation divorce case, please call Ascent Law at (801) 676-5506 for your free consultation. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/parental-alienation-lawyer/ As tax season draws to a close, millions of Americans scramble to get their documents together and file their taxes. Tax procrastination is a national pastime, so don’t feel as though you’re the only one going through this rushed, stressful, process. Here are a few last minute tax tips to help late filers get through the process unscathed. E-fileElectronic filing (e-filing) increases every year, primarily because it offers ease of use and quicker returns for tax refunds (tax refunds are typically issued two weeks after a taxpayer files an electronic return). In 2009, an estimated 80 million Americans filed their taxes online, using commercial software or the IRS website’s filing page. E-filing reduces the worry of math errors (the software does all the math for you), the cost of paying for return receipts at the post office (not to mention the time spent waiting in line), and the hassle of making photocopies of your return. ExtensionFor those who are procrastinators, one of the best tax tips is to file for an automatic six month extension. As long as you submit your request for extension before April 15, you’re entitled to a six month reprieve to file a return. The catch is that while you get an extension to file taxes at the last minute, it’s not an extension to pay your taxes. If you owe taxes that money is still due on April 15, and non-payment of taxes subjects you to penalties and interest until you pay. Hence, once of the most important tax tips: if you owe money to the IRS, always pay it on time! If You Can’t Afford Your TaxesGet the paperwork done in advance and file on time anyway. If you’re waiting till the last minute because you’re afraid you won’t be able to afford to pay what you owe, at least submit a partial payment. Paying at least a portion of the taxes you owe does two things. First, it reduces the amount of penalties you will be assessed for late payment of taxes. Second it is a good-faith showing to the IRS that you are serious about paying your taxes and reduces the chances that the IRS will decide to audit you. Making a credit card payment may be tempting, but with the recent increase in credit card interest rates, it’s probably not a fiscally smart move. For those with interest rates under 10% (which is a tiny portion of the U.S. these days), it may make sense, but for everyone else, you’ll likely be paying more in interest over the long term with credit cards than with the IRS. On the other hand, if you just need to use the credit for a few months and can pay off your credit card in full before too long, credit cards can make sense. For a point of reference, the IRS failure to pay penalty is 0.5% for each month the tax is not paid and the interest is 4% per year. The failure to file penalty is 5% each month your taxes are filed late, up to a maximum of 25%. The penalties for not filing your taxes can be crushing in addition to the taxes you already cannot afford. So be sure to at least file your taxes (or file for an extension) and make a partial payment by April 15. If you need a long period within which to pay the total amount, you can arrange a payment schedule with the IRS, though interest will continue to accrue until the tax is paid in full. Tax Lawyer Free ConsultationWhen you need tax help, please call Ascent Law for your free 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
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/tax-filing/ Emancipation is the legal act by which a child is released from both the control and support of a parent. Practically speaking, this means that the parent can no longer make decisions for the child, and the child is no longer entitled to financial support from the parent. An emancipated minor is a child, under 18 years of age, who has become emancipated because they are self-supporting and independent of parental control. This may occur, for example, when a minor moves out of the family home, works full-time, or gets married. It’s important to know that turning 18 does not automatically trigger emancipation. In some cases, even children who have turned 18 continue to be dependent on their parents. This is discussed in more detail below. How Does the Issue of Emancipation Usually Come Up?Oftentimes, emancipation comes up when a parent that pays child support (paying parent) wants to stop making support payments for a child he or she believes has become independent and no longer requires financial support. If the child’s other parent doesn’t agree that the child is independent or that support should end, the paying parent will need to go to court and file a motion (legal paperwork) asking a judge to emancipate the child and terminate support. Are Children Automatically Emancipated When They Turn 18?No. Many people assume that turning 18 results in automatic emancipation. This is not so. There’s no set age that will trigger automatic emancipation in Utah. Reaching the age of 18 provides the court with prima facie (Latin for “at first sight”) or presumptive proof of emancipation; but this presumption can be defeated with evidence that the 18-year-old child has not yet reached a truly independent status. For example, a court may not emancipate a child over the age of 18 if he or she is in still in college and relies on parental support, or if there is proof of a pre-existing disability that prevents a child over the age of 18 from gaining complete independence. How Does a Court Determine Emancipation?When faced with a request for emancipation, Utah courts must examine all of the facts and circumstances of each particular case to determine whether the child has achieved an independent status on his or her own and moved beyond the influence and responsibility of his or her parent. Although age plays an important role in determining whether a child has reached emancipation, it’s not the only factor a court will consider. Other factors courts will consider when determining whether a child has obtained an independent status include: (1) the child’s needs; (2) the child’s interests ; (3) the family’s reasonable expectations; (4) the child’s independent resources; (5) the parties’ financial abilities, and (6) any other factor the court believes is relevant to the decision. Do Child Support Payments Automatically End When the Supported Child Reaches the Age of 18?Not in Utah. A child support obligation doesn’t automatically end when a child reaches age 18 unless your child support agreement and/or the child support order setting the obligation contain(s) a specific provision that says child support ends at age 18. Without such a provision, termination will be determined by Utah law. In Utah, courts may and often do, order the payment of support and expenses for a child attending college. The mere fact that such a child is at the age of majority (over 18) will not prevent a court from ordering that the parent(s) must continue to support the child. If you’re paying child support for a child who has turned 18, check the court order setting support to see if it contains a provision to terminate support once your child turns 18. If it doesn’t contain this language, you’ll need to ask your child’s other parent if he or she will agree that your child is now emancipated and no longer requires support. If the other parent won’t agree, you’ll have to head to court and ask a judge to emancipate your child and terminate your support obligation. If the court finds that the child is emancipated, future support payments will end, but this does not automatically excuse the payment of any child support arrears (unpaid child support payments that have accrued over time). Should my Marital Settlement Agreement Contain Specific Terms Regarding Emancipation?Since emancipation is fact-sensitive, it is essential that your martial settlement agreement (referred to as a “property settlement agreement” in Utah) has a provision dealing with the termination of child support. This could include a definition of “emancipation” so there is no question of when child support obligations end. A settlement agreement traditionally lists the following as emancipation events: (1) reaching the age of 18 years or the completion of post-secondary education (college), whichever occurs last; (2) the child’s permanent residence away from the parents’ residence (except that boarding school, camp, or college shouldn’t count as a residence away from the parents); (3) the child’s death, marriage or entry into the armed forces; and (4) full-time employment after reaching the age of 18 (but not including full-time employment during vacation or summer periods, while attending high school, college, or other post-secondary education on a full-time basis). Child Emancipation Lawyer Free ConsultationWhen you have a question or need help with a child emancipation case, please call Ascent Law at (801) 676-5506 for your free consultation. 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
4.9 stars – based on 67 reviews
What is Consideration for a Contract? via Michael Anderson https://www.ascentlawfirm.com/child-emancipation/ No one wants to be forced into foreclosure after finding a suitable home, but sometimes it’s the best option when times get especially tough. However, there are a number of ways homeowners can prevent foreclosure or at least manage the process more smoothly. Below are answers to the most frequently asked questions regarding the prevention and management of a foreclosure. Will the bank negotiate with me to lower my interest rate and payment and prevent foreclosure?Some lenders are more willing to adjust your mortgage than others, so you should always call your bank’s loan mitigation department to try. Typical solutions banks will put forward include accepting partial payments for a set period of time, accepting late payments or simply modifying the terms of your loan. The federal government has also set up programs to help homeowners prevent foreclosure, such as FHASecure, Hope for Homeowners and the Homeowner Affordability and Stability Plan. The Homeowner Affordiability and Stability Plan is the latest program offered by the federal government and allows you to: (1) Modify your mortgage: people about to default should consider this option first, as it tries to reduce the size of the payments (by up to 31%) by reducing the interest rate on the mortgage for a set period of time (typically 5 years). To qualify, the unpaid principal of your mortgage must be less than $729,750. (2) Refinance your mortgage: people who are in trouble because their house has lost a significant amount of equity in the last few years (even those who are “underwater”) should consider this option. Note, however, that you cannot be underwater by more than 5 percent. Typically you need considerable equity to qualify for a refinance loan, but under this program owners may need little or no equity at all. To qualify, your loan must be owned by Freddie Mac or Fannie Mae, your mortgage must be less than $417,000 (unless you live in certain high priced areas such as New York, but if such is the case, you should consider modification over refinance) and you cannot be more than 30 days late on your monthly payments for the prior year. Can I just sell my house for less than what I owe on it?Selling your house for less than you owe is referred to as a “short sale”, and in many states, you must get the permission of your lender before you do this. If you don’t, the lender may sue you after the sale for the difference. If you live in a state that does allow this, then you can sell your house for less than the mortgage amount and the lender can’t do anything about it. Finally, short sales typically aren’t possible if you have more than one mortgage, unless the same lender owns the additional mortgages. Can I file for bankruptcy to prevent foreclosure?Usually Yes, you can. But not always. Sometimes, bankruptcy cannot prevent foreclosure, but it can certainly delay it. You really need to speak with a bankruptcy lawyer to know if it will work in your specific circumstances. Once you file, the court can enter a “stay” which would cease all collection actions, sales and foreclosures. The lender must then file for a motion to “lift the stay” and proceed with the foreclosure. This may be an attractive option if it also makes sense for other reasons since you can essentially live in your home for free for awhile and use the money you saved to secure a new place to live or help with your outstanding mortgage payments. What will happen to my tenants if my property is foreclosed on?Leases are generally wiped out upon foreclosure, unless the lease preceded the mortgage (which is rare). That does not mean, however, that your tenants will just up and leave immediately. You must give them proper notice of eviction (up to 90 days in some places), and there are a variety of other potential laws that may prevent your tenants from being evicted (such as Section 8 housing laws). Can I give my lender the deed to my house instead of foreclosing?Sometimes you can, but in most states the lender can still sue you for the difference between what it sells the house for versus what you owe. Thus, this is not an attractive option unless you can get your lender to agree, in writing, to not sue you for the difference. Similar to short sales, this option typically isn’t available if there is more than one mortgage on the property unless the additional mortgages are held by the same lender. Foreclosure Lawyer Free ConsultationIf you are in the foreclosure or pre-foreclosure process, please call Ascent Law for your free 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
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/stop-foreclosure/ COBRA stands for the Consolidated Omnibus Budget Reconciliation Act – it is a health benefit provision Law enacted in 1986. So what does COBRA do for you? Well, COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage. COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event. Can I get COBRA? Maybe. Let’s see, well, there are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events: Plan Coverage – Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time. Qualified Beneficiaries – A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee’s spouse, or an employee’s dependent child. In certain cases, a retired employee, the retired employee’s spouse, and the retired employee’s dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries. Qualifying Events – Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage. Qualifying Events for Spouses: Voluntary or involuntary termination of the covered employee’s employment for any reason other than gross misconduct; Reduction in the hours worked by the covered employee; Covered employee’s becoming entitled to Medicare; Divorce or legal separation of the covered employee; Death of the covered employee. Qualifying Events for Dependent Children: (a) Loss of dependent child status under the plan rules; and (b) All qualifying events lists above What benefits must be covered? Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). Who pays for COBRA? Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs. How does a person become eligible for COBRA? To be eligible for COBRA coverage, you must have been enrolled in your employer’s health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage. Employers must notify plan administrators of a qualifying event within 30 days after an employee’s death, termination, reduced hours of employment or entitlement to Medicare. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child’s ceasing to be covered as a dependent under plan rules. Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium. You should also know that you can get longer time on COBRA. Disability can extend the 18-month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must: (1) Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage; and (2) send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage. If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150 percent of the premium cost for the extended period of coverage. Divorce Lawyer Free ConsultationWhen you need legal help for a divorce, please 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
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/cobra-in-divorce/ |
ABOUT USDivorce and Bankruptcy Lawyer in UT. If you need divorce and bankruptcy lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and bankruptcy – both chapter 7 bankruptcy and chapter 13 bankruptcy law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation. divorce and bankruptcy in Utah can be tough, so you need a smart divorce and bankruptcy lawyer who can help you today. Call 801-676-5506 for the top divorce and bankruptcy attorney in Utah now. Archives
April 2017
Categories |