Sunday, January 28, 2018

Salt Lake City Estate Planning Lawyers

In this article we are going to address different aspects of estate planning, estate administration, probate, etc. As an estate planning lawyer, I have done hundreds, if not thousands of plans and administered hundreds more. Hopefully, this information will help you.

Salt Lake City Estate Planning Lawyers

Probate is the process by which a writing that is a last will is validated by the court. Typically, a last will is filed with the court for probate where a person who dies owns assets or property in his or her name alone.

Utah decedent’s estate lawyers know that preparing an effective estate plan is an important step to facilitate the probate process.   A Will in Utah must be signed and witnessed according to the provisions of the Estates, Powers and Trusts Law.  Wills are typically in writing and are signed by the testator at the end and are witnessed by at least two attesting witnesses.  When a Will is prepared by a lawyer and the signing is supervised by an attorney, the law provides certain presumptions as to its validity.  The witnesses customarily sign an affidavit at the signing that the will was properly executed.  This self-proving affidavit helps expedite and simplify the probate process, Probate proceedings can become complicated and subject to contests when a person does not follow the proper Will execution procedure.

Once the probate process is completed the decedent’s affairs or his estate can be administered by the Executor appointed by the court in the probate proceeding. Decedent’s estates typically involve the collection of assets and the payment of bills and taxes.  The probate process and the administration of the decedent’s estate can take many months or years and can involve complex tax, financial and other issues.

In most instances, probating a Will does not involve estate litigation.  The typical situation concerns close family members such as a spouse and children all of whom cooperate with each to obtain the appointment of the Executor and the distribution of estate assets.

It should be pointed out that a decedent’s probate estate is different from his gross estate.  The gross estate, which is used for estate tax purposes, includes assets that are held with others as joint tenant or are payable to designated beneficiaries such as life insurance or retirement funds.  These assets that pass by operation of law are not part of the probate proceeding.

There may be occasions when a person’s estate plan indicates that it would be advisable to try and avoid the probate process.  For example, if a person wants to disinherit a distributee such as a child, it is preferable not to subject a Last Will to a possible contest.  In a probate case the decedent’s children must be given Court notice of the probate.  However, no notification is required to distribute assets held in a living trust which does not have to go through probate.  Thus, an estate plan might benefit from a living trust whereby all of the persons assets are transferred to the trust during the person’s lifetime.  These living trusts are revocable and as the trustee, the creator can remain in full control of the trust until death.

Estate Administration Attorney

When a person dies, his or her assets must be collected, managed, and distributed.  Typically an Administrator or Executor needs to be appointed to perform these tasks. An estate administration attorney will represent a client to obtain his or her appointment as Administrator or Executor.

A Utah estate administration attorney knows that it is important at the beginning of an estate administration to obtain as much information concerning the decedent as possible.  Typically I ask a client who is applying to become the estate fiduciary to bring for review all the papers that are available regarding the estate.  These papers include past income tax returns, bank statements, brokerage account reports, bills such as credit card debts and medical bills, mortgage bills, deeds, retirement fund items and life insurance papers.  The preparation of the appropriate forms for the Surrogate’s Court is expedited and made more complete for having all of these items available for review.

The estate attorney typically prepares all of the Court papers for the proposed Executor or Administrator to review and then file them with the Court after they are approved and signed by the client.  This process can be expedited if all of the necessary information is quickly located.  The Surrogate’s Court review of complete and accurate papers can then lead to the probate of a Will or grant an appointment of an administrator in an intestate estate.  In estate cases, the court wants to have an original certified copy of the decedent’s death certificate.  Also, in Probate matters and Intestate Administration filings, there needs to be a petition.  The petition, whether it is a Probate Petition or Petition for Letters of Administration, needs to contain information such as the names and addresses of the decedent’s next of kin. Also, the petition must specify the established value of the property which constitutes the estate. There are additional papers that may be needed.  These can include a Kinship Affidavit or a Bond Affidavit that list the various outstanding debts such as funeral expenses, medical bills and credit card bills.

The estate administration attorney will then continue to represent the Executor or Administrator with respect to such duties as collecting assets and obtaining appraisals as required, filing inventories in a timely manner; paying creditors; filing estate and income tax returns and paying taxes, if any; distributing remaining assets to beneficiaries and finally closing the estate by filing a final account.  Many of these tasks require that the estate attorney provide third parties with documents and authorizations properly signed by the fiduciary as well as certified copies of Letters of Testamentary and Letters of Administration.

Additional services that the estate fiduciary can benefit from is assistance with obtaining a proper tax identification number and opening an estate bank account for the deposit of estate assets.

Free Consultation with an Estate Lawyer

If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Saturday, January 27, 2018

Insurance After Divorce

Insurance After Divorce

Divorce demands personal, emotional and financial adjustments. In addition to legally finalizing your divorce, you will likely have to make other changes, including adjustments to an existing insurance policy. After divorce, strategically transitioning of homeowner’s insurance, healthcare, life and car insurance is necessary ensure adequate coverage.

ADJUSTING YOUR INSURANCE POLICIES AFTER DIVORCE

If you are divorcing or recently divorced in Salt Lake City, Utah, because I am a divorce lawyer, I have some tips to prevent over insurance, under insurance and the risk of no insurance at all:

Health insurance: Most likely, you will need to change health care providers after divorce. While staying on a spouse’s insurance may save you in the short-term, failing to report a divorce could result in denied coverage or accusations of insurance fraud. If you don’t have insurance through an employer, you may be eligible for COBRA, a temporary extension of coverage. Medicaid, is also an option, if you qualify. You will also have to decide the best policy for your children.

Life insurance: Usually a life insurance policy is owned by the primary earner, with the spouse covered on an attached policy. After divorce, a spouse would have to be released from the policy, buy additional policies, or name a different beneficiary. Insurance coverage can be detailed in a divorce settlement.

Car insurance: When sharing a residence, it is likely that you will also share a car insurance policy. After divorce, you will likely move out and need to adjust your policy. Generally, automobile insurance can be negotiated in an alimony agreement.

Home owner’s insurance: After divorce, you should be able to reduce payments, especially if a spouse has moved out and removed belongings. If you have moved out and are now renting, you may want to invest in an additional policy.

When dealing with the financial overhaul of a divorce, you want to make sure your rights are protected. An experienced attorney can review your legal options and help you protect your interests through strategic negotiation and settlement.

CAN MY TAX REFUND BE INTERCEPTED OVER UNPAID CHILD SUPPORT?

From considerable anxiety to prison time, you may experience many challenges if you are a parent who is unable to pay child support. However, you should be aware of the other ways unpaid child support could affect you, such as your ability to receive your tax refund. In Salt Lake City, Utah, trying to resolve child support matters promptly is critical.

According to the Department of Administrative Services, your state tax refund can be intercepted in Utah if you owe back child support. If the state does intercept your tax refund, the funds will be used to pay off your child support debts. Before your refund can be taken away by the state, a judicial or administrative judgment reflecting your child support balance must be in place. Before your Utah tax refund is intercepted, the Office of Recovery Services will send you a mailing which informs you that you may lose your refund.

If you cannot pay child support, you may be facing any number of burdens. Perhaps you recently lost your job or are experiencing financial challenges for another reason. When you miss child support payments, the ramifications can have a serious impact on your life as well as your child’s life. As a result, you should do whatever you can to address the situation. For example, you may be able to reduce your payments by modifying your child support order.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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How Bankruptcy Works

How Bankruptcy Works

You may have heard about the changes to the bankruptcy code. These can affect anyone considering filing for bankruptcy. It’s important to be well-informed and educated on the process, how it works, who is eligible and what the implications for filing bankruptcy are. That’s why you should always have a bankruptcy lawyer help you through the process. The new national bankruptcy law is now in effect; it changed the way that bankruptcy cases are filed, and decided, across the country. This new law brought with it a few extra steps that need to be taken by both debtor and attorney in a bankruptcy case.

Changes in Bankruptcy Documentation

The first thing that changed with this new law was documentation. Now, more documentation is required by the debtor who is filing for bankruptcy. Debtors must offer a more comprehensive overview of their income and expenses. Along with this comprehensive overview, a statement of accuracy document must also be submitted. If the listed expenses exceed the allowance stated by the IRS, another document called a “special circumstances” document must be submitted. Filing takes a few extra steps with all of the new necessary documents, but it shows the debtor’s financial struggles in much more detail, which is often used in their favor.

Required Credit Counseling

People who wish to file for bankruptcy are now required, by law, to meet with a credit counseling agency on two occasions. Debtors must receive counseling from an approved agency both before and after filing their bankruptcy case. Requiring counseling is the easiest way to know that the debtor is well-informed regarding their finances and options. Counseling also offers debtors alternatives to bankruptcy in the event they haven’t been well informed about their options.

The Means Test

With the new law came the “means test,” which determines whether a person is eligible to file for Chapter 7 bankruptcy. Before the new law, a debtor could choose whether he or she wanted to for a Chapter 7 or Chapter 13 case. There are now a series of requirements and calculations that determine what Chapter the debtor falls under. To qualify for Chapter 7 bankruptcy, a debtor must fit a the requirements after assessment of family size, household income, expenses and even inflation.

While these changes have made filing for bankruptcy a little more complex, an experienced bankruptcy lawyer can help you understand your options and how the bankruptcy process worked. Bankruptcy is still an incredible solution for relieving debts, but the assistance of an attorney is more helpful than ever.

The Role of a Trustee in a Bankruptcy Case

Ok, you are getting a fresh start on your financial situation and have filed for bankruptcy. One of the major players that you are going to be interacting with is a bankruptcy trustee. A bankruptcy trustee is a lawyer assigned to oversee your bankruptcy case. Their role in the case differs as to whether your bankruptcy case is Chapter 7 or Chapter 13.

Chapter 7 Trustees

In a Chapter 7 liquidation case, a trustee is selected at random from a panel of lawyers. Their main goal is to sell property and distribute the proceeds to creditors. In this process, a trustee sits down with the debtor during a “341 meeting” and asks them questions about their assets and financial affairs. From there, trustees review bankruptcy documents and is entitled to ask questions to find out if any nonexempt property, assets, or items that can be seized by the trustee and sold to satisfy debts.

Chapter 13 Trustees

In a Chapter 13 reorganization, a trustee’s role differs somewhat from a Chapter 7 bankruptcy trustee. A debtor still meets with a trustee in a 341 meeting and is asked about assets and financial affairs, however the trustee cannot take any of their property or assets. Instead, they assess the bankruptcy plan to see if it fits technical requirements and if it seems like it has a reasonable chance of success in repayment. Additionally, many trustees in Chapter 13 offer financial counseling and management.  The Chapter 13 Trustee is also in charge of distributing payments from the debtor to qualified creditors.  The trustee will sometimes refuse to pay creditors if they cannot prove that debts are owed them.

It is important to to remember a couple things about a bankruptcy trustee in order for a case to run smoothly and carefully. First of all, they aren’t your enemy who is seeking to suck you dry of all of your money and picking through your possessions to sell them off. An fact, most are quite reasonable people who are simply trying to do their job. In relating to a trustee, a debtor first of all needs to be honest. That includes an accurate listing of your assets because inaccurate disclosure can lead to criminal prosecution and a loss of discharge.

Trustees are not the only aspect of a bankruptcy case it is important to be informed about. If you are seriously considering bankruptcy and you live in Utah, Salt Lake, Park City, Orem or Provo, you need to consult with an attorney who understands Draper Utah bankruptcy laws. Not all bankruptcy attorneys are the same. While the process appears complicated, a Herriman Utah bankruptcy lawyer will be able to help you understand your options and avoid making bad decisions that you could later regret.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We will help you. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Friday, January 26, 2018

Child Support Payments

Child Support Payments

Numerous factors are taken into consideration by Utah family law courts when determining the terms of child support agreements. No matter if you have physical custody of your child or not, it can be incredibly helpful to be familiar with the major components used to establish the appropriate amount of child support owed in most cases. As a child support lawyer, there are many different situation to consider. The next best step is always to call us to discuss your specific circumstances.

HOW ARE CHILD SUPPORT PAYMENTS DETERMINED?

Child support payments are intended to provide for the care and financial needs of minors. Consequently, Money Crashers explains that the lifestyle and living conditions of the child prior to his or her parents’ separation are often taken into account when calculating child support payments. If you are the child’s non-custodial parent, therefore, you may be obligated to help maintain the standard of living that your child enjoyed before your divorce. Similarly, the court will also consider any and all needs specific to your child. For instance, your child could require additional financial support if he or she has a mental or physical disability.

In addition to considering the needs of your child, the family law judge may also factor in the income of both you and your child’s other parent, as well as other available resources. You, as the custodial parent, may earn more money and/or have a higher net worth then your child’s other parent. As a result, he or she may be required to pay less child support. On the other hand, your child’s non-custodial parent could be obligated to pay more child support if the court determines that he or she maintains a suitable income.

Of course, the factors that play a role in determining child support can vary significantly from case to case. It is important to keep in mind, then, that the information provided above is not legal counsel.

GRANDPARENTS AND CHILD VISITATION

If you are a grandparent, you may have all sorts of concerns related to your grandchild, such as how they are performing in school. However, it can be particularly upsetting if you are unable to spend time with them, which may occur for different reasons. If you are going through this and reside in Salt Lake City, you may wish to familiarize yourself with grandparents’ rights and the laws in Utah.

Depending on the nature of your situation, you may be able to obtain visitation rights as a grandarent. However, remember that courts will take a child’s best interests into consideration before deciding whether or not a maternal or paternal grandparent should have visitation rights. If you are a grandparent who is pursuing visitation rights, it is vital for you to understand some of the factors that courts will assess when determining whether visitation will serve the best interests of your grandchild.

Whether you are concerned that your relationship with your grandson or granddaughter will be negatively impacted by not spending enough time with them or you have emotional pain and miss them, it is essential for you to recognize your rights as a grandparent. When working through any family law issues, you should always try to work towards end results that will serve the best interests of children.

If you are struggling with this aspect of family law, or other legal matters that can have a significant impact on the lives of children and entire families, it is crucial to remain optimistic.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Myths About Bankruptcy

I’ve heard many myths about bankruptcy because I’m a bankruptcy lawyer. Myths about bankruptcy are common because the bankruptcy code is complex and not clearly understood by many people or even attorneys. And to make matters worse, creditors have no incentive to tell the truth, the whole truth and nothing but the truth – especially when it comes to the awesome power of bankruptcy. It’s time these myths were busted:

Myth 1: I won’t qualify.

Nothing could further from the truth. If you’re struggling to make ends meet and pay your bills, you most likely qualify – at least unless you’ve filed bankruptcy in the past couple of years (and even then you may have options).

Myth 2: Everyone will know I filed.

It’s true that bankruptcy records are a matter of public record, but unless you’re a celebrity, news outlets have no incentive to share your information. Thousands of people file bankruptcy every day. So unless your friends and family make a habit of reviewing local bankruptcy filings on a daily basis, it’s likely that the only people that will ever know are your attorney, court officials, creditors, individuals or institutions that review your credit report and anyone else you decided to tell.

 

Myth 3: I’ll lose everything.

This is probably the most common of all myths that surrounds bankruptcy. But also one of the most incorrect. In fact, Both Chapter 13 and Chapter 7 bankruptcy laws have “exemptions” that let you keep many or all of your possessions. This is especially true in Chapter 13 which is even more flexible. If you wish to retain any property secured with a loan, you can continue paying your debts as long as the asset fits within your exemptions. The exemptions cover a long list of assets – primary residence, rental property, land, vehicles, household goods, pieces of furniture, jewelry, pets, tools, machinery, benefits, life insurance claims, personal injury, worker’s compensation, retirement plans and much more.

Myths About Bankruptcy

Myth 4: I will never be able to own anything again.

You can own anything and everything you can afford even after you have filed for bankruptcy. After all, the laws allow you to hold on to your precious possessions and your monetary assets. And there is no restriction on you to go ahead and earn as much as you can or invest in a profitable venture.

 

Myth 5: Bankruptcy will ruin my credit.

Bankruptcy is reported on your credit report for the next 10 years – true. But this does not ruin your creditworthiness. In fact, most of our clients have better credit a single year after filing their case than they did before! This is relatively easy – when you file for bankruptcy, you are cleared of all your debts. This means you can save more and pay your bills on time. And of equal importance, when you file for bankruptcy, your debt to income ratio levels out! Yes, you actually endear yourself to lender who see you as debt-free and thus ideal to lend money to. That’s right – it’s likely that you may actually increase your chances of receiving credit after you file for bankruptcy.

 

Myth 6: Bankruptcy doesn’t wipe out taxes.

Bankruptcy can’t wipe away all taxes all the time, but there are a series of rules that can be applied to judge whether or not this is possible. Generally speaking, income or sales taxes that are more than three years old can be waived, but the rules are complex so it’s best to speak with a local bankruptcy attorney to discuss your options.

 

Myth 7: Bankruptcy can’t stop legal action once it starts.

False! Bankruptcy has a provision called the automatic stay. This is one of the most powerful elements of filing bankruptcy. It instantly halts all collection efforts on most types of lawsuits, including phone calls from creditors, lawsuits, garnishments, repossessions and even foreclosure. This protection lasts for the duration of your case, and usually becomes permanent on the related debts once your case is finalized.

Myth 8: My spouse will have to file bankruptcy too.

There is NO law that dictates that a married couple must file together. However, if partners have signed (and are thus liable) for unmanageable debts, then it may be sensible for them to file together. Otherwise, co-signed loans will still affect the individual that does not file for bankruptcy. When a couple does decide to file together, this is called a joint filing – a single case rather than two separate cases, which can save money on attorney and court fees.

 

Myth 9: Filing bankruptcy is stressful.

While filing for bankruptcy can be intimidating, once you are armed with the facts, it can offer overwhelming peace of mind. Bankruptcy gives you a chance to shrug off debts and rebuild your credit—pay your bills on time, save money, and thus lessen the amount of stress that you and your family have to endure. Being behind on bills causes the most stress and even puts a strain on marital relations. Bankruptcy is the solution, not the problem.

 

Myth 10: I can only file for bankruptcy once.

Not true! Depending on your situation (the chapter and outcome of the previous case) you can re-file for bankruptcy anywhere between immediately and up to 8 years.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Thursday, January 25, 2018

Out of State Child Support

Out of State Child Support

If you are a child’s custodial parent, you may have a number of concerns, from parenting plans to financial matters such as covering the cost of medical care or school supplies. As a result, it is essential to address any legal issues pertaining to your child properly, especially those involving child support. If you live in Salt Lake City, you should familiarize yourself with the laws in Utah to make sure you receive support that you are entitled to. A good child support lawyer will help you along your way.

CAN I RECEIVE CHILD SUPPORT FROM AN OUT-OF-STATE PARENT?

According to the Office of Recovery Services’ site, you are able to collect child support from an out-of-state parent under Utah law. If the other parent of your child lives elsewhere, the ORS will ask the state they reside in to collect child support or give the employer of the parent a notice regarding the withholding of his or her wages. Although the laws are different from one state to the next, federal laws concerning child support apply to all states. After the other state takes over, the ORS will not have control over the child support case.

If you are supposed to be receiving child support or are unsure of whether or not you are entitled to support, you should closely evaluate your situation. After all, raising children can be incredibly challenging and parents should not have to struggle with child support matters.

CHILDREN OF DIVORCE NEED PARENTAL ATTENTION

Time is one of our most precious resources. Few people consider that they have enough time. For children of divorced families, they may say the same thing in relation to the amount of time they get to spend with each of their parents. Visitation plans and child custody agreements are emotional topics and hard for everyone involved. But there are ways that the situation can be made better.

An article recently published focuses on the importance of divorced parents spending maximum quality time with their children—without the interruption of technology. Considering the best interests of the child, a parent should instead focus their attention on the child when they are together, not the phone as much as is logically possible. It is through this type of undivided attention that children learn to bond and develop relationships.

Children who see only one parent at a time, whether mandated by a joint custody, sole custody with visitation rights or some other agreement, already have less time with each parent than their counterparts living with their biological married parents. If relocation is an issue, the child may see one parent even more rarely. The article urges more parents to curtail the use of cell phones during the already limited time they get to spend with their children.

The ability to provide the best for children can be something worth discussing with an attorney if you are going through a divorce. The ability to provide quality time and attention can be good for both parent and child and a family law attorney may be able to provide guidance on that.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Military Divorce Attorney

When оnе spouse iѕ in the military (or when both аrе), divorce gеtѕ a bit mоrе complicated. When things are complex, you need to have a divorce lawyer help you out. There are different rules about where to file the divorce, how to calculated child support, what alimony looks like, how custody of children is determined, and dealing with pensions and post-filing divorce health insurance issues, etc can be different when one or both spouses are in the military. Service member spouses and civilian spouses alike should take the time to learn about the special issues involved in military divorce and call Ascent Law for a free consultation.

Military Divorce Attorney

Whilе military divоrсеѕ аrе nо mоrе соmрliсаtеd thаn сiviliаn divоrсеѕ, thеrе аrе ѕресiаl rulеѕ аnd requirements thаt аррlу to Utаh. Sеrviсе members and thеir ѕроuѕеѕ whеn thеу divоrсе. Thеѕе diffеrеnсеѕ mау affect mаttеrѕ оf compliance, service оf рrосеѕѕ, rеѕidеnсу оr filing rеԛuirеmеntѕ, аnd diviѕiоn оf militаrу реnѕiоnѕ.

Bеlоw is аn оvеrviеw of militаrу divоrсе lаwѕ affecting in Utаh. service men аnd wоmеn whо аrе contemplating оr getting a divоrсе.

Military Divorce Laws

Military divоrсе iѕ governed by Utah lаwѕ. Fоr example, Utаh lаwѕ mау effect where divоrсing couples еnd uр in соurt or hоw militаrу реnѕiоnѕ аrе dividеd, whereas ѕtаtе laws mау аffесt how аlimоnу аnd ѕроuѕаl ѕuрроrt may bе iѕѕuеd.

Jurisdiction

Before a court in Utah can grant a divorce to military members or spouses, it must have jurisdiction or the authority to hear the case. For civilians, jurisdiction is generally the place where the person lives. However, for military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else.

It is wоrth noting thаt military members hаvе legal timing рrоtесtiоn from divоrсе proceedings that аrе nоt еѕtаbliѕhеd for сiviliаnѕ. Undеr thе Sеrviсе Members Civil Rеliеf Aсt militаrу mеmbеrѕ are protected from lawsuits inсluding divоrсе рrосееdingѕ ѕо thеу саn “dеvоtе their еntirе еnеrgу to thе defense nееdѕ оf thе Nаtiоn.” A соurt саn dеlау legal рrосееdingѕ fоr the timе thаt thе service member is оn асtivе dutу аnd for uр tо 60 days following active duty.

Rеѕidеnсу and Filing Requirements

Utаh Stаtеѕ will often reduce оr еliminаtе thе rеѕidеnсу rеԛuirеmеnt in militаrу divorces. For еxаmрlе, will allow militаrу mеmbеrѕ оr spouses tо file the fоr divorce in the Utah ѕtаtе whеrе thе militаrу mеmbеr iѕ ѕtаtiоnеd, despite whеthеr thе military mеmbеr or ѕроuѕе actual rеѕidеntѕ.

Military Pеnѕiоnѕ and Benefits

Likе сiviliаn rеtirеmеnt bеnеfitѕ, militаrу реnѕiоnѕ аrе ѕubjесt to diviѕiоn between spouses in the еvеnt оf divorce. Under thе Unifоrmеd Sеrviсеѕ Fоrmеr Spouses’ Protection Aсt (USFSPA), Utаh ѕtаtе соurtѕ may treat militаrу rеtirеmеnt рау as еithеr ѕоlе оr community рrореrtу dереnding оn thе state. Whilе thе USFSPA does not рrоvidе a fоrmulа for dividing thе amount оf rеtirеd рау, the аmоunt iѕ generally determined аnd аwаrdеd under the ѕресifiс ѕtаtе laws.

Further, рауmеnt of the fоrmеr spouse’s ѕhаrе of militаrу retirement iѕ раid dirесtlу by the Defense Finance аnd Aссоunting Service (DFAS) to the former spouse if thеrе was at lеаѕt 10 years оf mаrriаgе that оvеrlарреd with 10 years of militаrу ѕеrviсе (knоwn аѕ the ten-year rulе).

Rеgаrdlеѕѕ оf thе lеngth оf mаrriаgе, hоwеvеr, a court mау ѕtill authorize dirесt рауmеnt tо a militаrу ѕроuѕе whо hаѕ been married fоr lеѕѕ than 10 уеаrѕ аѕ аn оffѕеt, except payment wоuld соmе frоm thе retiring ѕроuѕе rather thаn from thе DFAS.

In addition tо реnѕiоn bеnеfitѕ, ѕроuѕеѕ оf former militаrу personnel аrе аlѕо eligible fоr full mеdiсаl, commissary аnd еxсhаngе privileges when:

 

  • The couple wаѕ married fоr 20 years оr mоrе
  • The ѕеrviсе mеmbеr hаѕ реrfоrmеd аt least 20 years оf сrеditаblе service tоwаrd retirement рау
  • Thеrе wаѕ at lеаѕt a 20 уеаr оvеrlар of mаrriаgе аnd militаrу ѕеrviсе
  • Sроuѕаl аnd Child Suрроrt
  • The militаrу has ѕресiаl rulеѕ concerning spousal mаintеnаnсе (аlimоnу) and сhild ѕuрроrt. Thеѕе rulеѕ аrе designed tо ensure a ѕеrviсе mеmbеr’ѕ family support оbligаtiоnѕ bеуоnd a divоrсе оr ѕераrаtiоn.

 

Unique Iѕѕuеѕ in Militаrу Divоrсе

Understanding hоw Utah ѕtаtе lаw works together to mаkе militаrу divorce unique will hеlр рrераrе you fоr the divоrсе рrосеѕѕ. Thеѕе аrtiсlеѕ hаvе bееn prepared bу Divоrсе Lаwуеrѕ Fоr Mеn tо help you:

 

  • Juriѕdiсtiоn аnd Utаh State Lаw
  • Sеrviсе Members Civil Relief Aсt (SCRA)
  • Child Cuѕtоdу in Militаrу Divоrсе
  • Rеtirеmеnt аnd Diѕаbilitу Benefits
  • Financial Support
  • Survivоr Benefits Plаn
  • Dоmеѕtiс Viоlеnсе and thе Military
  • Military Divorce Rеfеrеnсеѕ

Free Consultation with Military Divorce Lawyer in Utah

We are dedicated tо helping members оf the “military fаmilу” find the right lаwуеr. If you have a question about military divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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