Wednesday, 29 March 2017

Do I have to pay child support if my rights have been terminated?

Do I have to pay child support if my rights have been terminated?

So I’m at the office, working on a complex divorce case, going through the legal documents and preparing my strategy for the upcoming court hearing and my assistant calls me — “Mike, I’ve got Joe on the line” (not his real name) – “and he’s got an interesting question for you.”

I think to myself. I love interesting questions.

As lawyers, we love to thing about things. We loved complex stuff. We thrive on knowing every detail and when do don’t know something, we can to know it, so we go and figure it out.

So, I pick up the phone and I talk to Joe.

“This is Mike Anderson, how can I help you?” is my line.

His question was good. It didn’t stump me, but it was a good one. Good enough that I knew I need to put information up here for you.

“Do I have to pay child support if my rights have been terminated?”

The answer is “no” – you don’t.

This is an easy one. This is clear in the law. In Utah and throughout the country, if you’re parental rights have been terminated by a court of law; then you do not have any obligation to pay child support.

But, (and here comes the sticky part…)

Joe says to me, “but I don’t have any proof”

You see, Joe was on drugs for a bit and ran into some hard times. Joe didn’t have any of the paperwork that you would normally keep.

This meant that Joe couldn’t prove that his rights were terminated and he couldn’t stop the Office of Recovery Services “ORS” from garnishing his wages (you know, taking money out of his paycheck).

So, there are 2 options in this scenario:

First, you could hire our firm and we search and locate the termination order for you or Second, you do it yourself.

Joe’s a smart guy.

Joe hired us.

We found the termination order.

We got him a copy.

We provided a copy to the ORS.

Garnishment stopped.

Joe’s happy now.

Joe’s moving forward with life and getting back on his feet.

If you have questions about divorce, child support, adoption, termination of rights, guardianships, or other legal matters – give us a call.

We’re here to help you.

Utah Divorce Lawyer

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

SEO by Jeremy Eveland


Monday, 27 March 2017

West Jordan Divorce Attorneys 801-676-5506

West Jordan Divorce Attorneys

Hi Everyone and Welcome Back!

So I was asked where our office is while speaking with a potential client on the phone today. They wanted an attorney’s office really close to them. I had the thought and I expressed it:

Do you want the best attorney or just an okay or average lawyer on your side?

The answer was: I want the best.

Alright, then it really shouldn’t matter where my main office is located; but I understand why someone would want they’re lawyer close to them. So they don’t have to travel too far. I get it. I understand.

With that in mind – I have offices throughout Utah and, we can do most of the work over the phone – so sometimes you don’t even need to come into our office. We can do it over the phone and through our website, email, etc.

So, to answer the question: Our main office is in West Jordan Utah.

That address of the main office is 8833 South Redwood Road, Suite C, West Jordan, Utah 84088.

We are happy to take care of you during our normal business hours from 8am to 5pm, Monday through Friday. We even can do alternate appointments if we have to, but just like you, we have family and personal lives that we tend to get to when work is over.

Watch this quick youtube video:

Alright, now look, I’m happy to answer your divorce and family law questions. We are constantly on the lookout for them.

Please send them in so we can do a blog post about your questions and get them answered.

I hope you found this article helpful – let us know when you are ready to move forward with your divorce or family law case.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

SEO by Jeremy Eveland


Monday, 13 March 2017

Are Divorce Records Public in Utah? 801-676-5507

Mike Anderson

Are Divorce Records Public in Utah?

Well, no … right?

I mean, your divorce case is ***PRIVATE*** right?


at least it should be.

But it isn’t always…

Let me explain in this video – watch this when you have a minute:

Now that you’ve watched the video, you understand how this can be nuanced.

Indeed, the Utah State Legislature has made divorce records PRIVATE. This means that if you, as JOE CITIZEN off the street, takes a stroll down into the Matheson Courthouse down at 450 South State Street, Salt Lake City, Utah and walk into the court clerks office and said: “Hi there, I want to look at all the divorce filings this week” the court clerk would say “no, I don’t think so” –> so in this regard, divorce records are private.

Now, if you’ve been divorced in Utah for several years, then yes, there is a database you can search (or the court clerk can do it for you) where you can search to see if someone has filed for divorce or if a divorce decree has been entered.

This is important because what if you were dating someone and they thought that they were divorced and in fact they were not divorced. You see how that could create issues in a relationship and a possible future marriage.

Additionally, if you are an attorney or a guardian ad litem, you can get access to court records by filing what is called an “Appearance of Counsel” or a “Notice of Appearance” –> this document tells the court that you, as counsel, represent one of the parties. And if you do, then you should be able to see what is on the court docket and all of the pleadings and other information filed with the court.

Also, if you are a party to a case. Meaning, if you are the Petitioner or the Respondent, a person that is seeking to get a divorce —> then you are also entitled to see the court file because it is your case.

Those are pretty much the only exceptions.

So, are divorce records public in Utah? No. They aren’t. But some information can be discovered by Joe public.

If you have other questions about divorce, family law, custody, or child support, give us a call. We’d be happy to assist you with your case.

Thanks for visiting.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

SEO by Cast Creek


Tuesday, 7 March 2017

Who is the Best Divorce Lawyer in Utah

best divorce lawyer in Utah

So, I’m taking care of my kids and my son who is only 5 years old and knows that I regularly practice divorce law asks me the funniest question:

Dad, he says “who is the best divorce lawyer in Utah?”

I smile and chuckle a little, and answer – “me, of course!”

He laughs and we went on playing.

And then it hit me


Like a ton of bricks.

I am the best divorce lawyer in Utah.


Because I actually care about my clients. I work hard. I want them to win in their cases. I actually fight in court to make sure that my clients get what they want and need when it comes to divorce. I know the law and I’m not afraid to fight.

I’m gonna let you in on a little secret.

Come closer.

Don’t tell anyone – okay, here’s the truth:

There are a lot of “ok” lawyers out there.

You know what I mean? There are a lot of divorce lawyer who don’t care about their clients and only care about the money they make from their clients. There are too many divorce attorneys who are lazy, don’t take action and don’t make any moves until they have too. There are too many who just don’t give a rip about what happens to their clients.

And I’m not like that.

I would hate to look myself in the mirror each morning if I didn’t care – if I didn’t do my absolute best for each client I have.

I want to win. I want them to win. and I want it done in the quickest way possible so we can all go home and say we did our best.

There are no perfect cases, but we can kick butt if you let me.

Look, I know that making a claim that I’m the best divorce lawyer in Utah is bold. I know that there will be some that disagree with me, and that’s fine. But I know how much effort I put into my client’s cases. I know how hard I fight for them. I know what I do, so I know that I’m the best. And if that’s self promotion so be it.

You ought to know the truth.

Now, with that said, don’t forget that winning requires good cases. If you think you can hire me and you beat your spouse or ignore your kids or are a crappy person – no, I can’t magically take your situation and fix it. You can take steps to improve your life, but don’t expect me to pull in miracles.

So, if you’re ready to get the best on your side.

Buckle up and let’s hit it!

I’ll be waiting for you call.

Until then ~

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

SEO by Jeremy Eveland


Friday, 3 March 2017

Prenuptial Agreement Lawyer in Utah

Prenuptial Agreement Lawyer in Utah

There are some important things you need to do if you need a prenupital agreement.

First, you need to discuss the issue carefully with your soon-to-be spouse. You don’t want to offend your future husband or wife.

It is very important to get a prenup if you have significant assets. Even the first lady of the United States Melania Trump has a prenup with Donald Trump. You really should do a prenup before you get married. If you do it aftewards, it is more difficut and sometimes courts throw them out.

What Is a Prenuptial Arrangement?

A prenuptial agreement in Utah is a binding agreement legally done with lawyers, that is made “in contemplation of marriage,” implying that two individuals negotiate as well as authorize the arrangement with the intent that this is what they want to happen after they get married. The contract needs to be signed prior to the marriage ceremony. It outlines a process for how the spouses will divide up their assets if they must (meaning a divorce or, occasionally, if one of them dies, or separation). Prenuptial agreements should discuss all of your property and assets. Retirement accounts such as 401(k)s, IRAs, etc. are essential to mention as well.

Prenuptial arrangements need to be finalized prior to the wedding.

Both parties should have separate lawyers from different law firms.

Watch this youtube video that explains more:

Please call me when you need a prenup in Utah.

Family Law Attorney Salt Lake City Utah

Family Law Attorney Salt Lake City Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 876-5875

SEO by Jeremy Eveland


Wednesday, 1 March 2017

Alimony Calculator

Can you give me the alimony calculator that the judge uses in Utah divorce cases?


Because there is no alimony calculator that the courts use in Utah.

I explain a lot in this video:

Alimony is a payment from one spouse to the various other in order to help the recipient partner maintain a way of living as close as possible to the marital standard of living. It is not gender-based; either spouse might request alimony from the other. A court will not just give out alimony to you if you are monetarily disadvantaged, however. Simply put, you can’t get alimony from your spouse if you are the one that has more income, whether by residential or commercial property, or both.

Often, courts award spousal support payments after having the marital residential owned by the spouses sold. By doing this, the court knows the revenue and various other assets of the partners, in addition to the financial obligation commitments that each must bring, as well as can make an alimony honor that’s ideal to the conditions.

Variables Considered for Settlement of Spousal support

When the court works out the spouses’ property rights, it will certainly take into consideration any requests for alimony by either side. Normally, the court looks to the standard of living at the time of separation to identify suitable alimony, yet it can likewise look at the scenario at the time of trial if there has been a considerable adjustment in resources because the time being separated. The general rule is 7 years. If your marriage was brief and there are no minor children, the court might not award you any alimony.

The court could also consider how long you were married. Did one party not go to college so the other could? If the marital relationship was long as well as one partner is at the limit of a major adjustment in earnings because of the collective efforts of both partners throughout the marriage, that change likewise will be a factor in the spousal support award. The court has substantial ability to do whatever the judge wants to do when awarding spousal support as well as looking at who is “at fault” in causing the marital relationship to fall short too.

The Income Equalization Method

The court does not need to utilize an established formula– plugging in the partners’ revenues and child-support obligation, to name a few elements– to come up with a payment quantity. It can order spousal support based upon an income-equalization calculation where neither partner earns enough to be self-supporting as well as cover the other spouse’s needs.

I have seen the income equalization method used alot. Commissioner Luhn used it on a case for me last year when we had a “temporary alimony” case. That is when we move forward in a divorce case to get temporary orders – and we asked for temporary alimony at the time.

Is Alimony Taxable?

Yes, if you are paying spousal support, your alimony payments are tax deductible. If you are getting spousal support, the Internal Revenue Service taxes what you get as earnings. So you must report them on your taxes.

You could review the law on spousal support in the Utah Codes Section 30-3-5. Two of the most important cases in Utah law that discuss alimony in Utah are: Batty v. Batty 153 P. 3d 827 (2006) and Sellers v. Sellers 246 P. 3d 173 (2010). For information on spousal support as well as tax obligations, look at IRS Publication 504.

How Long Will You Get Alimony and When Does it End?

In Utah, alimony payments usually last just as long as the years the marriage existed.

The court might make it for a shorter or longer time, but only if the right situation exists. Also, alimony automatically ends when the recipient remarries or when either party passes away. Where the recipient spouse doesn’t remarry but moves in with a new companion, the payor spouse can ask the court to terminate alimony payments. We have done this on several occasions.


Regardless of what your specific circumstances are, if you have questions about alimony in Utah and how to get it, stop paying it, modify it, etc., please give us a call to help.

We really do enjoy helping people with divorce and alimony issues.

Alimony Calculator in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507
SEO by Jeremy Eveland