Divorce and Mediation in Utah | Salt Lake Divorce Lawyers

A question that we at Arnold & Wadsworth get a lot is whether mediation is required when it comes to a divorce. The answer is Yes. It is also required if you file a petition for a divorce modification. The reasons that it is required in a divorce situation in Utah is because the hope is that you know what is best for you life including your children’s lives. Lets face it, no one knows your spouse or ex-spouse better than you. Sometimes that can be a good thing and sometimes it can be bad. The Courts hope that you will use this knowledge to get a good outcome, even if you have to be creative in order to get that outcome in your divorce case.

You are allowed to have your divorce lawyer with you at the mediation. This can be a great source of legal wisdom. The divorce lawyer can tell you if you are on the right track or even if they think the resolution you are getting is legally viable. Another important function of a divorce lawyer at mediation is that they can educate you on what a divorce trial would entail and what kind of possible outcomes you would be facing. At Arnold & Wadsworth our divorce lawyers are always trying to educate our clients on the divorce process and laws in Utah. This knowledge will enable you to make better decisions throughout the process.

If you would like to look at some of our reviews when it comes to divorce click HERE to see Brian Arnold’s reviews.

Arnold & Wadsworth | Salt Lake City Divorce Lawyers

 

Divorce Lawyer in Ogden | Arnold & Wadsworth

ARNOLD & WADSWORTH FULL WEBSITE

If you have questions about your divorce or about filing for a divorce in Ogden Utah then we can help. We offer a free consultation that will enable you to understand the law and what you are facing. If your spouse has already filed for divorce in Ogden then you are under a tight timeline where you need to hire an attorney and file an Answer with the Court. Do not let the time slip bye. Make sure you take the time to interview some attorneys and ask the questions that you need answered in order to move forward. If your divorce involves children then it is also important that you take control and do what you need to do legally to make sure that you do not lose custody or time with your children.

As a divorce law firm located in Salt Lake City and Ogden Utah we understand these concerns and can help you through the legal process. We will make sure we take the time to educate you on the legal issues and explain the risks in your divorce. Call today for a free consultation at (801) 475-0123 or check out our full website at arnoldwadsworth.com to see if our site can answer some of your questions. We look forward to talking to you.

Imputed income in Utah Divorces | Arnold & Wadsworth

In most divorce actions in Utah one of the spouses or both can be imputed in regards to their incomes. The Court will usually take evidence as to income potential, education and what they have earned in the past. If you have been a stay at home mom there is also an argument to be made that you should not be imputed at all, especially if you have young children that are still at home and do not attend school. The statute that gives some guidance in Utah concerning imputation of income is Utah Code Annotated 78B-12-203. The key in this statute is part 7(d). It is highlighted below.

As Utah Divorce Attorneys we understand that it is important to present evidence in a clear and concise manner in which a court can understand quickly. We will sit down with you and go over your financials to make sure you are confident in the way it will be presented in family law court.

78B-12-203.   Determination of gross income — Imputed income.
(1) As used in the guidelines, “gross income” includes prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from “nonmeans-tested” government programs.
(2) Income from earned income sources is limited to the equivalent of one full-time 40-hour job. If and only if during the time prior to the original support order, the parent normally and consistently worked more than 40 hours at the parent’s job, the court may consider this extra time as a pattern in calculating the parent’s ability to provide child support.
(3) Notwithstanding Subsection (1), specifically excluded from gross income are:
(a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program;
(b) benefits received under a housing subsidy program, the Job Training Partnership Act, Supplemental Security Income, Social Security Disability Insurance, Medicaid, Food Stamps, or General Assistance; and
(c) other similar means-tested welfare benefits received by a parent.
(4) (a) Gross income from self-employment or operation of a business shall be calculated by subtracting necessary expenses required for self-employment or business operation from gross receipts. The income and expenses from self-employment or operation of a business shall be reviewed to determine an appropriate level of gross income available to the parent to satisfy a child support award. Only those expenses necessary to allow the business to operate at a reasonable level may be deducted from gross receipts.
(b) Gross income determined under this subsection may differ from the amount of business income determined for tax purposes.
(5) (a) When possible, gross income should first be computed on an annual basis and then recalculated to determine the average gross monthly income.
(b) Each parent shall provide verification of current income. Each parent shall provide year-to-date pay stubs or employer statements and complete copies of tax returns from at least the most recent year unless the court finds the verification is not reasonably available. Verification of income from records maintained by the Department of Workforce Services may be substituted for pay stubs, employer statements, and income tax returns.
(c) Historical and current earnings shall be used to determine whether an underemployment or overemployment situation exists.
(6) Gross income includes income imputed to the parent under Subsection (7).
(7) (a) Income may not be imputed to a parent unless the parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a hearing is held and the judge in a judicial proceeding or the presiding officer in an administrative proceeding enters findings of fact as to the evidentiary basis for the imputation.
(b) If income is imputed to a parent, the income shall be based upon employment potential and probable earnings as derived from employment opportunities, work history, occupation qualifications, and prevailing earnings for persons of similar backgrounds in the community, or the median earning for persons in the same occupation in the same geographical area as found in the statistics maintained by the Bureau of Labor Statistics.
(c) If a parent has no recent work history or a parent’s occupation is unknown, income shall be imputed at least at the federal minimum wage for a 40-hour work week. To impute a greater income, the judge in a judicial proceeding or the presiding officer in an administrative proceeding shall enter specific findings of fact as to the evidentiary basis for the imputation.
(d) Income may not be imputed if any of the following conditions exist and the condition is not of a temporary nature:
     (i) the reasonable costs of child care for the parents’ minor children approach or equal the amount of income the custodial parent can earn;
     (ii) a parent is physically or mentally unable to earn minimum wage;
     (iii) a parent is engaged in career or occupational training to establish basic job skills; or
     (iv) unusual emotional or physical needs of a child require the custodial parent’s presence in the home.
(8) (a) Gross income may not include the earnings of a minor child who is the subject of a child support award nor benefits to a minor child in the child’s own right such as Supplemental Security Income.
(b) Social Security benefits received by a child due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based, by crediting the amount against the potential obligation of that parent. Other unearned income of a child may be considered as income to a parent depending upon the circumstances of each case.

If you feel that this statute applies to you then contact one of our Utah Divorce Lawyers today for a free consultation. We will take the time to make sure that your financials are presented in a clear manner to the Court so that the Court will be better enabled to make a decision. Call today at (801) 475-0123.

Child Custody Lawyers in Salt Lake City – Arnold & Wadsworth

What do the courts in Utah look at or consider in a child custody trial? The Utah statute on point it Utah Code Annotated 30-3-10. This statute outlines how divorce attorneys in Utah should argue a child custody case in family law court before a Commissioner. It is always best to consult with an attorney that has experience in family law and divorce matters. Some considerations that the court will consider include;

  1. The past conduct and demonstrated moral standards of each of the parties
  2. Which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent. Some instances of when parents take the children away from the other parent can actually play against them and not for them in Utah.
  3. The extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child. This is when you highlight your relationship you have with your children. It is important to educate the Court as much as possible about your great relationship with your children.
  4. The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest. This is where the term “co-parenting” comes into affect. Let your spouse know that you want to make the best decisions possible for the children and want their input. If they ever leave you out it will work against them.

If you are looking for a Utah Child Custody Lawyer Arnold & Wadsworth can help. We are family law firm in Utah. Call today for a free consultation at (801) 475-0123.

Divorce Attorneys in Salt Lake City Utah

Divorce Attorneys in Salt Lake City Utah

What are you looking for when looking for a divorce attorney in Utah? Usually people are looking for an attorney that is willing to fight for what they believe to be right. Whether that is a child custody issue, or a divorce, they want an attorney that is on their side. At Arnold & Wadsworth we will take the time to listen to what you want. At our initial free consultation we will tell you what we think your odds are at success and the pros and cons to approaching your child custody or divorce legal issue. With offices in Salt Lake City and Ogden, Utah we can service your legal needs in every county in Northern Utah. Take advantage of our free consultation and give us a call today at (801) 475-0123.

Child Custody Evaluation

If you are facing a child custody evaluation give us a call today. If your divorce has progressed to the point where you need a child custody evaluator then you need an attorney that is going to present your side of the custody battle in a concise and clear way. This way the judge will be able to clearly understand why you should be the primary custodial parent. Give us a call today for a free consultation.

Children taking Care of their Parents – News Article

Family law review – Fiji Times Online.

This is an interesting article in the Fiji times where they are trying to amend some family laws that would include that children have to take care of their parents when they are elderly. Can you imagine this in the United States? This would be crazy. It seems that children in the United States already feel that they are responsible to some extent to provide this care.

We are a family law firm with offices in Salt Lake City and Ogden Utah. We offer a free consultation for potential clients. Give us a call today at (801) 475-0123.

Vicki Larson: Why Young Men Fear Marriage

Vicki Larson: Why Young Men Fear Marriage.

This is an interesting read. There are some amazing stats at the beginning of this article. It seems that people are getting divorced younger. The problem I see with this is that I see a lot of baby boomers getting divorced now that the children are out of the home.

Arnold & Wadsworth offers a free consultation. Give us a call today at (801) 475-0123.

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