Child Support and Taxes in Divorce

Child Support and Taxes in Divorce

As the noncustodial parent, you will likely owe child support. The amount is generally established based on Utah child support guidelines calculations, with some room for negotiating a fair monthly amount. In addition, you can negotiate with your spouse to reduce your future tax liability. The actions you take during mediation can put more money in your own pocket during the years following your divorce.


Although you may think you prefer to pay child support than alimony, consider the tax advantages you receive when you pay spousal support. Your child support payment is not tax deductible, whereas your former spouse does not have to report the payments as income. Alimony, however, works in the opposite direction — you can deduct the amount from your taxable income and your former spouse is instead liable for taxes on the payments.

Only one person can claim a dependency exemption and a child tax credit for each qualifying child on a tax return for a given year. Consistent with the law’s child residency requirements, the IRS allows the custodial parent to reap the benefits if your divorce decree is silent on the issue. However, your spouse is permitted to transfer these exemptions and credits to you, which can significantly reduce your tax liability. To do so, your spouse must sign and you must submit IRS form Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. You can negotiate to receive this tax-saving benefit every year or on specified years. Many couples agree to alternating years.


Regardless of the agreement you negotiated about the child tax credit and the dependency exemption, the earned income credit (EIC) is nonnegotiable. If the custodial parent qualifies for an EIC, this credit is nontransferable to the noncustodial parent.

Should You Modify Your Decree of Divorce?

As time passes and circumstances change, some aspects of your final divorce decree can be amended by a petition to modify the original terms. As a Long Island divorce lawyer, I can confirm that modifications are common in today’s challenging economic times.


A divorced spouse who experiences an income loss or reduction of at least 15 percent, for instance, may petition the court to lower child support or spousal support (alimony) payments. In fact, as the recession deepened and unemployment soared, a 2009 study by the American Academy of Matrimonial Lawyers reported that 39 percent of divorce lawyers saw an increase in modifications of child support payments, while 42 percent cited an increase in spousal support modification.

Economic hardship may also cause the custodial spouse to relocate to find or to continue employment. This can result in a request to modify the terms of custody and/or visitation, allowing the spouse to relocate beyond the radius originally agreed upon and an overall change to the agreement, for example transferring custody to the parent who isn’t moving, so the child can remain in the same school.

Rising costs of health care and child care can also be addressed through modification, as can additional expenses such as college tuition that may not have been addressed in the original decree. Of course, not all modifications result from gloomy circumstances. For example, a major increase in income may encourage an ex-spouse to share the wealth by increasing the amount of spousal or child support.

Child Support Lawyer Free Consultation

If you have a question about child support or if you need help with taxes, 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

Source: https://www.ascentlawfirm.com/child-support-and-taxes-in-divorce/

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What Makes a Will Valid

What Makes a Will Valid

The making of a will is a vitally important act, with far-reaching consequences. Since you cannot “take it with you” when you die, having a valid will is one of the few ways you can give back to those you love in a proper, legal manner.


A properly executed will allows you to specify exactly how you would like your estate handled upon your death, including how and to whom property should be divided, who should watch over your minor children (if any), and who should manage the administration of your estate. While the rules for making a will vary from state to state, certain formalities must be met. Generally, a will is not valid unless it fulfills the following requirements.

A person must be of legal age to make a will. Most states consider you to have legal capacity if you are 18 years of age or older, have been lawfully married, or are a member of the U.S. military.

In most states, a person has ‘testamentary capacity” if they have a sound mind, meaning the testator must know that he or she is making a will and its effect; understand the nature and extent of the estate; and understand that he or she is disposing of property and assets.


A person has intent to make a will if at the time of the signing, he or she intends to make a revocable disposition of property in the event of their death.

A will must be voluntarily entered into and signed by the testator. A will executed by a person who was coerced into signing the will, or who signed the will under duress, is not considered to be a valid will.

A will must properly dispose of the testator’s property. This includes listing all property and assets and properly distributing them among friends and family according to the testator’s wishes.


A will can be handwritten on a single piece of paper or elaborately typed within multiple pages, depending on the size of the estate and preference of the testator. It must also be signed and dated by the testator in front of two “disinterested” witnesses, who must also sign. Disinterested witnesses include those who will not personally benefit under the will (like beneficiaries). Because there may be other formalities for making a valid will, it is important that you check the Estate Planning Laws of your particular state. You should also make sure to choose the appropriate legal guardian for your minor children and appoint a trusted executor to tie up your important affairs.

Will Lawyer Free Consultation

When you need legal help about a will or estate, please 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

Source: https://www.ascentlawfirm.com/what-makes-a-will-valid/

Utah Law on Alcohol

Utah Law on Alcohol

The alcohol laws of Utah regulate the selling and purchasing of alcohol in the State of Utah and are some of the most restrictive in the United States. A person must be 21 years old to buy or consume alcohol in the state of Utah.

The Utah Department of Alcoholic Beverage Control or UDABC has regulated the sale of alcohol in the state of Utah since 1935. prohibition ended in the United States in 1933. Utah is one of 18 “control states”. This means that the state has a monopoly over the wholesaling and retailing of some or all categories of alcoholic beverages within the state’s boundaries.


Current Utah law sets a limit of 3.2% alcohol by weight in beer sold at grocery and convenience stores and at establishments operated under a beer only type license. Beer only type licenses cover taverns beer bars and some restaurants. Beer over 3.2% by weight is available in state liquor stores and package agencies in at clubs and restaurants license to sell liquor. In commercial facilities, the time at which alcohol maybe service limited. Alcohol may not be sold any later than 1 a.m. under any circumstance.

Utah has many laws which are unique to its borders. While Most states allow their grocery stores to sell at a variety of alcoholic products, Utah restricts their markets to only sell packaged beer. Liquor and wine can only be sold at the state liquor stores. Other Utah liquor laws include time restrictions on when alcohol can be purchased. Most restaurants, taverns, clubs, and other establishments selling liquor only allowed to sell alcoholic beverages from 11:30 a.m. to 1 a.m.


there have been bills introduced in the state congress to allow chain restaurants to obtain a master license for all of their their locations instead of having to apply for a liquor license at each individual location. This is hope to speed up the process of obtaining liquor licenses when otherwise there are many locations of the same restaurant applying for a single license every month.

Utah Alcohol Certification

Utah alcohol certification has been required in the state since 1987. The hospitality industry started offering this training prior to the Inception of the state mandates, which actually helped to influence the creation of the legislation in the first place. The National Restaurant Association and the American hotel and motel Association were the groups that first developed the programs that the hospitality industry and Utah used prior to the state La creacion. Now, everyone who works in an establishment that serves alcohol for on-premise consumption is required to take an alcohol training and education seminar. This includes employees that will serve alcohol, as well as managers, and supervisors of those employees.


The Utah alcohol certification program is required to be repeated every three years to keep certification current and educate people on changing laws and rules within the state. Owners of established that serve alcohol for on-premise consumption only required to take the course if they also work with a supervisor, manager, or server in the establishment. If they’re completely hands-off, and only act as an owner, the seminar isn’t required for them to be completed.

Alcohol Lawyer Free Consultation

If you have additional questions about Utah alcohol law or need legal assistance for a hotel, motel, bar, Tavern or other business that needs an alcohol license, please call Ascent Law for your free 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

Source: https://www.ascentlawfirm.com/utah-law-on-alcohol/

When Your Minor Child is Pregnant

When Your Minor Child is Pregnant

If your underage daughter becomes pregnant, there are understandably a lot of issues that will cause significant heartache, stress and possible pain. Despite all of the emotions that you might be feeling upon hearing the news, it is important that you maintain a clear head and sit down with your daughter regarding all of the legal options that are available to her regarding her pregnancy.


The following is some important information that you should consider discussing with her – Utah abortion laws. If your underage child decides that she wants to have an abortion, you must understand that in the state of Utah, your parental consent is not required for her to make that decision and obtain the procedure. Even if you disagree with your child’s decision, you cannot legally intervene. However, you can have an open discussion with your daughter to make sure that she understands the decision and that it is her intent to go forward with it.

Adoption considerations. If your child decides to give birth and give up the child, there are numerous adoption agencies with which you can place the child soon after birth. Your child should understand that this decision is not reversible and she will likely never be a part of the child’s life. There is also the option to allow the child to choose the parents that will adopt her child, which is likely to be more legally complicated but does offer greater control. The father’s rights. The father of your daughter’s child may have certain rights that could add some legal complications. You may need to obtain the consent of the father before placing the child for adoption. If your child decides that she will raise the child, the father may be responsible for child support payments.

Do Grandma and Grandpa Have any Rights to Visitation in Utah?

Divorce affects all who are touched by it and grandparents are among those likely to be injured. Grandparents are often left out in the cold in terms of custody and visitation. While many jurisdictions are slowly granting grandparents rights to see their grandchildren, Utah is far from being on the cutting edge in this area. Nonetheless, Utah does have a statute that deals with the rights of grandparents in certain situations. This issue is ripe for exploration and for setting positive precedents for the grandparents of the state. There has been a case about 2 years ago that struck down the law. Recently in a case the judge refused to grant grandparent visitation. This is a tricky issue that you should talk to a lawyer about in person or over the phone because the unique circumstances of your case will make a big difference in the outcome.


Grandparents are up against a public policy of allowing parents to raise their children free from intervention by those they choose to exclude. When one or both of the parents is deceased, grandparents have a stronger position in claiming rights to visitation being in the best interests of the grandchild.

If the parents are alive, grandparents face more difficulty in winning rights to visitation. Grandparents who wish to seek court ordered rights need to establish a meaningful relationship with their grandchildren. If they are not allowed to see grandchildren, they should keep a detailed record of their attempts to contact them. Birthday cards, phone calls and other attempts at contact can help in this type of battle.

Family Lawyer Free Consultation

If you have a question about child custody question or if you need legal help with family matters, 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

Source: https://www.ascentlawfirm.com/when-your-minor-child-is-pregnant/

Utah Law on E-Cigarettes

Utah Law on E-Cigarettes

There are still people in the state of Utah that smoke. It seems the new generation of smokers is here ready to replace the older generation which is dying off from cardiovascular and pulmonary disease. Currently approximately 10.6% of the Utah population smoke, as of 2009 according to the centers for disease control. This is important for mission as it helps us understand what challenges Lea before us. Statistics, demographics, and other factors related to tobacco use of violence with you to development of a comprehensive tobacco control policy.

When it comes to cigarettes a lot of people have switched to e-cigarettes. For all intents and purposes these are the same.


A study of Utah Law shows that Minors who do not begin smoking before the age of 20 or less likely to pick up a tobacco have it later in life. Minors are impressionable, and many start smoking have a way before the age of 18. To prevent minors from developing harmful habits, the nationwide legal smoking ages 18 years of age.

Smoking Regulations in Utah

The Utah indoor Clean Air Act contains the law regulating smoking in Utah. The ACT generally prohibits smoking in all places of public access in Utah. Places of Public Access means any enclosed indoor place of business, Commerce, banking, financial service, or other service related activity. Such place may be publicly or privately owned and may or may not be operated for profit. The general public will have regular access to the places of public access and this includes buildings, offices, restaurants, shops, elevators, restrooms and other areas. This also means Transportation areas including common carrier waiting rooms, cafes, cafeterias, taverns, shopping malls, retail stores, grocery stores, arcades, theaters, concert Halls, libraries, Museums, Art Galleries, planetariums, historical sites, auditoriums, arenas. this would also include laundromats, salons, hospitals, doctors offices, dentist offices, gyms, and what are commonly known as Sports and Fitness facilities.

Utah Law on Vaping and E-Cigs

Some Utah representative has proposed putting a ban on vaping purchases online. This area of law is still developing and we have represented vaping stores and online vaping stores in Utah. If you need legal help with this, please call our office and we can help you.

Utah law also mandates that places where smoking is permitted should meet with certain requirements. The enclosed area where smoking is permitted must be designed and operated to prevent exposure persons outside the area to tobacco smoke generated in the area. If a lodging facility permit smoking in designated smoking areas in allowed guest rooms, or if a nursing home, assisted living facility, small Healthcare facility, or hospital with a certified swing bed program permit smoking in designated smoking – allowed private residential sleeping rooms, the facilities are handling system or systems must not allow air from any smoke allowed area to mix with air in or to be used in any part of the facility which is a place of Public Access. This would include any common areas of the facility dining areas, lobby areas or hallways.


Utah law has laid down specific penalties in case of violation of the smoking regulations. A first violation of the Utah indoor Clean Air Act as a civil penalty if not more than $100. A second and subsequent violation is a civil penalty of 100 to $500 and authorities responsible for enforcement of this are the State Department of Health and local Health departments. There is no private cause of action that we know of at this time.

Vapor Lawyer Free Consultation

If you need help with e-cigarettes or vaping law in Utah, call Ascent Law for your free 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

Source: https://www.ascentlawfirm.com/utah-law-on-e-cigarettes/

Divorce in Your 20s

Divorce in Your 20s

It’s easy to get down on yourself if you are going through a divorce while still in your 20s. With so many other friends getting engaged and planning their own weddings, you may feel like you’re heading in the opposite direction. You might also feel that family members and friends are judging you because your marriage is ending.


However difficult it may be, you can move on from the divorce like anyone else, as long as you have the right mindset. The following are a few tips to help you recover from the impact of a divorce at a young age.
Some marriages end. That does not make you a failure, even if it happened relatively quickly. You can chalk it up as a mistake of youth and a bit of naivety. There is plenty of time to move on and start your life anew. You need to be able to figure out exactly what led to your divorce and how you can avoid replicating the mistakes you made. Even after your relationship is over, you can focus on fixing whatever it was that contributed to the end of your marriage.

You have plenty of family members and friends who are going to be more than happy to support you. Take comfort in them and lean on them when you’re feeling particularly vulnerable. It’s going to be tempting to jump right back into dating and a new relationship, but it’s generally a good idea to stay single for a little while after your divorce. This will allow you to rediscover who you are and regain your independence, setting you up for greater success in future relationships. Young people have a tendency to overshare on social media as it is. The last thing you want is to rant about your divorce or your former spouse on social media, especially if the divorce proceedings are still underway.

You Can Appeal a Divorce if There Was a Mistake

If you believe that the judge in your divorce hearings made some sort of error that led to an unfair arrangement or that otherwise impacted your case, you do have the ability to file an appeal. In this situation, a higher court would review the original case and the original judge’s decision. However, it is important to note that you cannot introduce any new evidence during an appeal process — the higher court simply reviews everything that occurred in the original case.


After going through your appeal, there will be one of two outcomes. First, the court agrees that there was a mistake made by the original judge. In this situation, the case may be remanded, or sent back down to the original divorce court. The appeals court provides specific instructions to the lower court about which mistakes to correct and how to correct them. Second, the court denies the appeal. In this situation, the higher court affirms the original divorce decree, meaning that there will be no changes made to the arrangement. No further legal action will occur.

Appeals in divorce cases tend to be rare, because in most cases it’s presumed that the judge is an expert in family law and got the case right the first time around. They also add a lot of extra expense, which most people feel isn’t worth it. However, if the mistake led to some particularly large issues with your decree, an appeal can be a good option for you.

Divorce Lawyer Free Consultation

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

Source: https://www.ascentlawfirm.com/divorce-in-your-20s/

Utah Law on Returning a Car

Utah Law on Returning a Car

When purchasing a new automobile, Please be aware that there is no 3-day rescission law that applies to motor vehicle purchases in the state of Utah. You do not have a right to return the vehicle because you regret purchasing it, or have decided it doesn’t meet your needs, or you cannot afford it anymore. Once you purchase the vehicle, you assume responsibility for it. Some automobile sellers may have policies that allow you to return the vehicle within a certain number of days, but usually you may return the vehicle only for credit towards the purchase of a different vehicle. Please note that this is a policy set by the seller of the vehicle and not required by Utah state law.

Utah’s Lemon Law

Consumers who buy or lease a new car or motorhome or other type of motor vehicle in the state of Utah with significant defects that can’t be repaired or another word to buy a lemon can obtain relief under the Utah new motor vehicle warranty.

The lemon law apply to new cars under warranty it was extended in 1990 or later to also cover new leased vehicles and motor homes. It does not apply to used vehicles.


For your vehicle to qualify as a lemon under the Lemon Law the following criteria must apply #1 – the vehicle must have been purchased in the state of Utah. #2 – the vehicle must be new and under warranty. Number three the vehicle must weigh less than 12,000 pounds. #4 – the defect must substantially impaired the used market value or safety of the vehicle. #5 – the vehicle must have been to the manufacturer to have the same defect resolved at least four times or out of service to the consumer a total of 30 days during the first year or the warranty period, whichever is less.

If your problems occur after this time, you do not qualify for the Utah lemon law. Also, the defect cannot be the result of abuse, neglect, or unauthorized modifications of the vehicle and the consumer must go through any informal dispute settlement or arbitration procedure the manufacturer may have established.


if your vehicle meets all of the criteria that we’ve referenced herein, your next step is to file a complaint with the consumer protection division of the Utah Department of Commerce oh, our Law Firm has helped and can’t help you with this type of case if you need assistance. You must make sure to include with your complaint, copies of any relevant documents including service records, the arbitration or dispute settlement records, and all other records you have about the vehicle. After your car is determined to be a lemon, you may qualify for either a replacement or cash refund. The manufacturer may charge you a reasonable amount for the use of the vehicle as prescribed by law which is usually 10 to 23 cents per mile. You can have the division try to obtain restitution for you, or you can take a private action with the help of our Law Firm by filing a lawsuit in the District Court of the county in which you reside.

Lemon Law Lawyer Free Consultation

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will – all of us have legal issues and questions that arise. So when you have a legal question, call Ascent Law for your free 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

Source: https://www.ascentlawfirm.com/utah-law-on-returning-a-car/