Under the doctrine of “fair use,” the law allows the use of portions of copyrighted work without permission from the owner. Fair use is a defense to copyright infringement. These types of issues are regularly debated and argued by the intellectual property lawyer in our office. You should know that the unauthorized use of copyrighted material is excusable if it falls under the principle of fair use. Although the law does provide guidelines for making this assessment, determining fair use is not always easy since it is a grey area of the law. Consequently, courts make decisions on a case-by-case basis. Under Title 17 of the U.S. Code, copyright owners have the right to limit the use of their creative work. An owner has the right to distribute, reproduce, display, make derivatives, or perform the work in public. This right applies to both published and unpublished works fixed in a tangible medium. Creative works include: • Literature • Music • Motion pictures and other audiovisual productions • Sound recordings • Pantomimes and choreography • Pictorial, graphic, and sculptures • Architectural designs Copyright law does not apply to ideas and facts; names, pen names, titles, or slogans; extemporaneous speeches; blank forms and standardized material; and government works. Although copyright law does not protect facts and ideas, copyright protects the author’s phrasing or form of expression. Under the Copyright Act, the fair use of copyrighted material without permission is allowed when used for the following purposes: • Criticism; • Comment; • News reporting; • Teaching, includes making copies for use in the classroom; • Scholarship and research; • Parody. These uses do not grant the right to use the copyrighted work in its entirety. Rather, the use should be limited to quoting, excerpting, summarizing, and making educational copies of the material. Fair Use TestCourts consider four factors when evaluating whether an unauthorized use of copyrighted material is fair. The following factors are guidelines under the Copyright Act are (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes: Courts consider whether the use is transformative. For instance, was the purpose of the new use transformative, did a new expression change the original work, or did the use create new information or lead to new ideas? The more transformative a new work, the more likely a court will consider it fair use. (2) The nature of the copyrighted work: Courts look at whether the copyrighted work is creative or factual and whether it is published or unpublished. Creative works, such as fiction, creative nonfiction, pictures, and graphic works, typically receive more protection. Factual works, such as history accounts and scientific works, receive less protection because of the benefit to society from the exchange of ideas . Authors have a right to decide when to publish their work, so the use of unpublished works without permission is less acceptable than using published works. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole: Courts consider how much material was copied and was the copied material a central part of the original work. When a large portion of the entire copyrighted material is used or it includes the use of a central point, it is less likely that a court will consider it fair use. For, parody, however, it is acceptable to borrow a large portion and to use the central part of the original work. (4) The effect of the use upon the potential market for or value of the copyrighted work: A court will look closely at a use that deprives a copyright holder of income, regardless of whether the new material is competing in the same market. Important factors include the current market and the potential market. Courts may use additional factors to determine whether the unauthorized use of copyrighted material is fair. Some Court Decisions on Fair UseCourts evaluate fair use on a case-by-case basis. The following are cases in which a court ruled that an unauthorized use was fair: (1) Reproduction of images into thumbnails to display on search results pages was fair use because the alteration of the image was transformative, and therefore, it outweighed the commercial benefit received by Google. (2) A biographer’s quotation of 16 unpublished documents was fair use because it comprised no more than 1 percent of Richard Wright’s unpublished documents and it was for an informational purpose. The following are cases in which a court ruled that unauthorized use was not fair: (1) It was not fair use for the Nation magazine to publish central parts of former President Gerald Ford’s memoir prior to its publication because it substantially decreased its marketability. (2) Paraphrasing a substantial portion of author J.D. Salinger’s unpublished letters in a biography was not excusable under the fair use doctrine because the general public would view them in this format for the first time and the paraphrased material was a central part of the biography. Fair Use Lawyer Free ConsultationIf you are here, you probably have a fair use issue you need help with. If so, 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
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It is not always possible to find a commercial property zoned for a particular use. Commercial zoning laws determine factors like the acceptable business activities in the area and setback requirements, as well as building heights, sizes, and proximities to each other. Strong support from the business community may help win over zoning and planning departments. If others can advocate the potential benefit to the community of a particular business, it may be easier to generate backing for the business. The possibility of a full-sized grocery store opening in a location not zoned for the use, for instance, may generate support from the business community if it is likely to generate jobs or stimulate the economy in a city. Seek support from trade associations, the chamber of commerce, and a business development office in the community. It may also be helpful to contact a real estate lawyer in the area to advocate on behalf of the business. When a “Use” Violates Commercial Zoning LawsIf a zoning ordinance prohibits a use, it is possible to receive relief from the board of zoning adjustment or the board of appeals. Zoning boards typically create zoning laws, regulate zoning, conduct land use hearings and grant conditional use permits and variances for nonconforming uses. Every locality is different, but the board will usually hold a public hearing to determine if it should alter zoning laws or grant a variance. The business will have the opportunity to argue their side and members of the public can voice their opinions as well. Do what you can to get support from the community. This is a good opportunity to have community members and other nearby businesses offer support orally or through a written petition. It is also effective to ward off any criticism before the hearing by reaching an agreement with people living near the property who may object to the business moving in. Hire a real estate lawyer to request a conditional use permit for you. A board may condition use of a specific activity in a zone on the fulfillment of a condition or set of conditions. You can also have a lawyer request a variance for you. A variance is an exception to a zoning regulation. Many variance statutes require the applicant to establish that an undue hardship exists and that granting the variance will not cause a substantially negative impact on the public. Appealing Commercial Zoning to CourtIf it is impossible to reach an agreement with the zoning board, the business may be able to appeal the decision in court. Going to court, however, is expensive and time-consuming. In fact, it can take several years to receive a court ruling, and there’s no guarantee that the court will decide in your favor. Commercial Real Estate Lawyer Free ConsultationWhen you need help from a real estate lawyer in Utah, 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
Temporary Guardianship vs. Testamentary Guardianship Source: https://www.ascentlawfirm.com/commercial-zoning-law/ It is extremely important to keep your will updated. As life changes, so do potential beneficiaries and heirs. If you do not keep your last will and testament updated, it may not reflect your wishes given your new circumstances. The following are good situations in which changing a will may be wise. When you get married, both you and your spouse should each create a new will. Most states have laws that award a percentage of your estate to your spouse upon your death. However, if you want to devise your will differently, you should specify this in your will. Furthermore, adding your spouse to your will may change the percentage of your estate, or of a specific asset, that another beneficiary or heir was previously written to receive. Changing a will should reflect this new proportion as you see fit. If you and a partner live together, you may be considered a married couple under your states Common Law Marriage law. Generally, there are several requirements that must first be met for a valid common law marriage. If you meet these terms, the law may treat you and your partner as a married for probate purposes. Be sure to check your states law. Only if married will your partner automatically receive assets from your estate. So, if you find yourself with a new loved one, changing a will to reflect what you would like to leave that partner is necessary. However, if you are registered domestic partners in California, Maine, or New Jersey, reciprocal beneficiaries in Hawaii, or civil union partners in Vermont or Connecticut, then the rules may be different; so, be sure to check your states laws, if you live in one of those states. Upon divorce, some states revoke any gifts you leave your spouse in your will. Other states do not. Changing a will upon a divorce is very important. You will want to either specify what you want to leave your former spouse, or else specify how those gifts should now be distributed. Stepchildren are not automatically entitled to inherit a share of your property in many states. Therefore, if you would like for your stepchildren to inherit any of your property, be sure to specify your wishes by changing your own will. The laws governing what each spouse owns vary depending on whether the couple lives in a community property state or a common law property state. Therefore, if you are planning on moving to a new state, check that states laws. If it differs from the one you currently reside it, be sure to change your own will, according to your new property ownership status. Of course, things can happen in life that cause people to change their minds about the way in which they’d like their property distributed. Changing a will to reflect these new wishes is important. If in your will you leave all of your property or a percentage of your property to your heirs, then when what you own changes, there is no need to change your will. However, if you have willed certain gifts to people in your will, and you no longer have those properties, be sure to remove said property from your will. Additionally, when you acquire new property, be sure to account for that in your will. How to Change Your WillThe easiest way of changing a will is simply to make a new will. It is imperative that you revoke the old will. To do this, simply write a statement in the new will that states that you revoke all wills and codicils that you have previously made. This is sufficient to revoke any previous wills, but it is wise to also destroy any of your previous wills in order to avoid confusion or challenges to your new will. The other way to change your will is by adding what is called a codicil. A codicil is like an amendment or addition to your will. Use a codicil to revoke part of your will or add a new provision. To be valid, they must be dated, signed, and witnessed just like a legal will. Codicils were an efficient way of changing a will before there were computers and printing was a hassle. Today, codicils should be avoided wherever possible. They can cause confusion, be lost, and are sometimes even a means to challenge wills. Change Your Estate PlanMuch of your property passes by law to beneficiaries, despite what your will says. You may need to change how you are doing your estate planning. Property such as retirement proceeds, life insurance proceeds, joint bank accounts, payable-on-death bank accounts, and stocks registered with a transfer-on-death form all pass directly to a specified beneficiary. If you change your mind about who the beneficiary should be, change the names using the forms on which you named the original beneficiaries. Do not change the named beneficiaries through your will, for it will have no effect. Living trusts are also not affected by the terms of your will. If you decide to change the terms of your living trust, add an amendment to the original trust document. Then, transfer property in or out of the trustees name, accordingly. You do not need to worry about having to revoke a trust and create an original one, like when changing a will. Estate Planning Lawyer Free ConsultationIf you are here, you probably have an estate or will issue you need help with. If so, please call Ascent Law for your free estate law 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
Source: https://www.ascentlawfirm.com/when-to-change-your-will/ Starting your own business can be exciting and liberating, but also stressful. While owning a business means you don’t have to answer to a boss, it also means that you bear all of the burden of running a business. Something that can help with starting and operating a successful business is creating a business plan. It is important not only for defining and identifying your goals for the business, but it also can help you secure financing for your business. Business Plan LawyerWhile writing a business plan can be a daunting task, it’s probably one of the most important steps in starting your business. In fact, it’s best to have a good working business plan before you even start your business because it serves as a roadmap for both your business and any potential lenders that will provide financing for your business. It’s important to remember that your business plan isn’t written in stone. If things change during the course of your business, you can, and should, edit it. It’s also possible to draft a whole new plan if you realize that your original plan no longer works for your business. If you do this, however, it’s a good idea to include the same or similar information in regards to your obligations to any lenders or investors. This way you’ll know what your agreement was with lenders or investors. The fact that your business plan may change during the life of the business should not be used an excuse to not create a plan before starting your business. Things You Need in a Business PlanThe contents of a business plan will vary depending on the specific business. There are, however, certain things that are common to most business plans; specifically, a description of the business, finances, management, and marketing. The degree of detail is entirely up to the owner(s), but a more detailed plan will be more useful to the company. A good business plan can be a communication, management, and, of course, planning tool. It will help to attract employees, investment capital, loans, and business partners. An investor or lender will be more likely to provide money to your business when they see that you’ve put research and thought into the business. As a management tool, the plan can help monitor and evaluate the progress of your business. Finally, the business plan is in essence a planning tool that can guide you through the different phases of your business. You can also share your business plan with employees to help them have a broad understanding of the direction of the business. Business Lawyer Free ConsultationIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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
Offer in Compromise or Bankruptcy? Unmarried Partners Medical Directives and the Durable Power of Attorney for Finances You can find ads like this everywhere — from the street light and telephone pole on your corner to your newspaper and PC. While you may find these ads appealing, especially if you can’t work outside your home, proceed with caution. Not all work-at-home opportunities deliver on their promises. Many ads omit the fact that you may have to work many hours without pay. Or they don’t disclose all the costs you will have to pay. Countless work-at-home schemes require you to spend your own money to place newspaper ads; make photocopies; or buy the envelopes, paper, stamps, and other supplies or equipment you need to do the job. The companies sponsoring the ads also may demand that you pay for instructions or “tutorial” software. Consumers deceived by these ads have lost thousands of dollars, in addition to their time and energy. Call a Utah Business Lawyer to Be SafeSeveral types of offers are classic work-at-home scams. Ads for pre-packaged businesses — known as billing centers — are in newspapers, on television and on the Internet. If you respond, you’ll get a sales pitch that may sound something like this: There’s “a crisis” in the health care system, due partly to the overwhelming task of processing paper claims. The solution is electronic claim processing. Because only a small percentage of claims are transmitted electronically, the market for billing centers is wide open. The promoter also may tell you that many doctors who process claims electronically want to “outsource” or contract out their billing services to save money. Promoters will promise that you can earn a substantial income working full or part time, providing services like billing, accounts receivable, electronic insurance claim processing and practice management to doctors and dentists. They also may assure you that no experience is required, that they will provide clients eager to buy your services or that their qualified salespeople will find clients for you. Make sure you’re getting a paycheck and it’s legit. You never have a pay to get a job. The reality: you will have to sell. These promoters rarely provide experienced sales staff or contacts within the medical community. Promoters usually advertise that, for a “small” fee, they will tell you how to earn money stuffing envelopes at home. Later — when it’s too late — you find out that the promoter never had any employment to offer. Instead, for your fee, you’re likely to get a letter telling you to place the same “envelope-stuffing” ad in newspapers or magazines, or to send the ad to friends and relatives. The only way you’ll earn money is if people respond to your work-at-home ad. These programs often require you to invest hundreds of dollars in equipment or supplies. Or they require you to spend many hours producing goods for a company that has promised to buy them. For example, you might have to buy a sewing or sign-making machine from the company, or materials to make items like aprons, baby shoes or plastic signs. However, after you’ve purchased the supplies or equipment and performed the work, fraudulent operators don’t pay you. In fact, many consumers have had companies refuse to pay for their work because it didn’t meet “quality standards.” Unfortunately, no work is ever “up to standard,” leaving workers with relatively expensive equipment and supplies — and no income. To sell their goods, these workers must find their own customers. Legitimate work-at-home program sponsors should tell you — in writing — what’s involved in the program they are selling. Here are some questions you might ask a promoter: • What tasks will I have to perform? (Ask the program sponsor to list every step of the job.) • Will I be paid a salary or will my pay be based on commission? • Who will pay me? • When will I get my first paycheck? • What is the total cost of the work-at-home program, including supplies, equipment and membership fees? • What will I get for my money? The answers to these questions may help you determine whether a work-at-home program is appropriate for your circumstances, and whether it is legitimate. You also might want to check out the company with your local consumer protection agency, state Attorney General and the Better Business Bureau, not only where the company is located, but also where you live. These organizations can tell you whether they have received complaints about the work-at-home program that interests you. But be wary: the absence of complaints doesn’t necessarily mean the company is legitimate. Unscrupulous companies may settle complaints, change their names or move to avoid detection. If you have spent money and time on a work-at-home program and now believe the program may not be legitimate, contact the company and ask for a refund. Let company representatives know that you plan to notify officials about your experience. If you can’t resolve the dispute with the company, file a complaint with these organizations: • The Federal Trade Commission (FTC)works for the consumer to prevent fraud and deception. • In Utah, call the Utah Division of Consumer Protection over at the State offices. • The Attorney General’s office in your state or the state where the company is located. The office will be able to tell you whether you’re protected by any state law that may regulate work-at-home programs. • Your local consumer protection offices. • Your local Better Business Bureau. • Your local postmaster. • The U.S. Postal Service investigates fraudulent mail practices. • The advertising manager of the publication that ran the ad. The manager may be interested to learn about the problems you’ve had with the company. Work at Home Lawyer Free ConsultationIt’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 law question, 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
Choosing from all the different business structures — LLC, partnership, sole proprietorship, or corporation — for your business can be difficult and will depend on your preferences and the type of your business. The general rule for this category is that the more dangerous or risky the activity that your business will engage in, the less personal liability you want to have. Both corporations and LLCs allow business owners a type of “limited liability,” where anyone seeking claims against the business will have a very hard time placing personal liability on you as the owner. Conversely, if you were to organize your business as a partnership or a sole proprietorship, you could be personally responsible for anything the business did wrong. In general, there is no special paperwork that needs to be filed in order to establish either of these business structures. In addition, there are rarely any fees associated with establishing or maintaining either of these business structures. In addition, when deciding to form a corporation or LLC, the owners of the business must decide which officers to elect to run the company. LLCs and corporations must keep specific and detailed records of any important business decisions, and follow many other formalities that are associated with these business structures. The easiest way to think about the different income tax structures that these business structures will use is to break them into two categories — one comprised of those business structures where the business owners pay taxes on business profits, and one that includes all business structures where the business owners do not pay taxes on business profits. Because a corporation is a separate tax entity, it must pay taxes on any profits that remain within the company during a tax year, and also on any profits that it pays out in the form of dividends to shareholders. There is a tax benefit to forming your business as a corporation. The owners of a corporation do not pay taxes on any profits that the corporation keeps, and the corporation pays taxes at a lower rate than do some individuals. Structuring a business as a corporation allows a business to sell shares of ownership in the business through stock offerings. This is different than the other three business structures, which do not allow the selling of part of the business through the sale of stocks. Because of this investment scheme, it may allow owners of a corporation to attract investors and retain employees more easily by offering stock. If you never plan on having your business go on sale to the public, however, and don’t need the investment incentives to retain employees, you probably do not need to go through the added procedure and cost of forming a corporation. If you desire the limited personal liability that comes from a corporation, you could instead form your business as a LLC. An LLC provides many of the advantages of a corporation while remaining more flexible. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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
Child Support and Taxes in Divorce In Utah, child support does include medical and dental expenses and health care insurance, and the courts also order the parents to share daycare and child care expenses while the custodial parent is working or undergoing any training. Unless ordered otherwise usually the parties are to split any out-of-pocket Medical Dental or health care expenses – including Health Care insurance premiums, if any. Child support is always calculated by using the child support worksheet produced by the Office of Recovery Services in the Department of Health in the state of Utah. This worksheet generates inappropriate Utah child support obligation according to each spouse is gross income and some other factors, such as how many children there are, how many overnights are spent with which parent, and taxes and some other contributions. Both parents are responsible for child supportContrary to popular belief, Utah law requires that both parents financially support their child or children. Either or both parents may be ordered to pay child support. The Utah child support, or the court determines the amounts are unjust for a particular reason. The child support calculator includes a formula to determine amount of support that each parent has to pay depending on the number of children, the income of both parties, and the custody Arrangement. You can estimate your fair share of support by using the state’s child support guidelines yourself or by contacting our office. We help people calculate child support all the time. The guidelines are simply a fee schedule or formula. Parents are free to pay more than the amount given by the guidelines but not less, then, the Court must approve them out. Though a quart presumes that the number given by the guidelines is the appropriate amount of Child Support to a parent word the child. In those cases, Court will review a set of factors and may adjust the amount of support either up or down depending on the circumstances. The most important thing to remember and making calculation is to use the gross income of book parents. To calculate the gross income take all income from all sources. This include salaries and wages, but also bonuses, rents, income from trust, and capital gains. Among each of these things, it also includes alimony received from previous marriages, Social Security. Gifts and prizes count to. There are few benefits that you can leave out a general assistance, housing subsidies, or welfare benefits. Primarily it is the gross income from your job. Challenging the amount of Child Supportsometimes, the total amount given by the guidelines or the way that number is divided between the parents is not right or unfair. If you think support should be increased or decreased before the court issues the order, then you can ask a court to adjust it. Once you ask, a court will review all relevant factors, but especially the following, to adjust the amount of Child Support either up or down: First, the court will review the parents standard of living and specific situation. Next, the parents relative wealth and income. Third, the court reviews the ability of the pain parent to earn. In some circumstances the court will order the parent to pay more than they earn simply because they are underemployed or unemployed. Next, the ability of the receiving parent to earn. This parent could also be found under employed or unemployed and be ordered to pay more than they make. Next, the ability of an incapacitated adult child to earn, or the child’s benefits if any. The needs of both parents and the child as well as the parents ages and whether each parent supports other children. Child Support Lawyer Free ConsultationIt’s always a good idea to have a family law attorney assist you with child support calculations. Should you need any assistance please call Ascent Law for your free consultation (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 49 reviews
Fraudulent Transfers Before Bankruptcy Salt Lake City Lawyers Discuss Panhandling Laws Source: https://www.ascentlawfirm.com/utah-law-on-child-support/ Most businesses will incur some form of debt as a necessary part of operations, whether it’s the use of credit cards or bank loans. But unsustainable debt and interest charges, without increased revenue or investor capital to cover it, can put the health of any business in jeopardy. This section contains a glossary of terms related to “bad” debt, an overview of options for businesses that cannot pay their debts, a checklist to help small business owners prioritize their debt payments and other resources for entrepreneurs dealing with debt. What To Do When You Can’t Pay Your Business DebtsWhen a business accrues debts it can be scary to try to address the problem. Creditors may begin threatening legal action against the business or you personally. Depending on how the business is organized and the degree to which you have agreed to guarantee the business’s debts you may have some options regarding how to deal with the problem and your creditors’ ability to take assets or funds in repayment. Your position will also determine whether bankruptcy is a good option to resolve your insolvency. An important exception relates to payroll taxes. Regardless of how the business is organized the Internal Revenue Service will hold a business owner responsible and personally liable for any unpaid payroll taxes. However, in many other circumstances how the business is organized can be quite meaningful. Creditors and others can hold you personally liable for your business’s debts if you are a sole proprietor and can claim your personal savings in order to satisfy debts. General Partnerships are similar except that there is more than one owner involved. Every general partner can be held personally liable for all of the business’s debts, which can lead to some very uncomfortable outcomes. If you have a Limited Liability Company (or an LLC) as well as a corporation; they do not generally create personal liability for the business’s debts. However, you may voluntarily obligate yourself when seeking a loan or credit since many financial institutions will insist on personal liability as a condition of the loan or credit. Bankruptcy is an option in many situations where a company is no longer financially viable. A bankruptcy should be carefully planned, however, since preparation can help preserve some of the company’s value or even help it recover. Sole Proprietors have the option of filing for either Chapter 7 or Chapter 13 bankruptcy if they otherwise meet the requirements for these forms of relief. Those who have waived the personal liability protection provided by LLCs or corporations may also need to undergo a personal bankruptcy. Chapter 7 bankruptcy involves the liquidation of all assets, the distribution of the monies to creditors, and the cancellation of the remaining debt. Chapter 13 bankruptcy involves an income-based repayment plan approved by a bankruptcy court. In this case none of the property is sold and no debt is cancelled. If your business is struggling and may fail or enter into bankruptcy proceedings there are a number of steps that can be taken to protect yourself, the business, and the business’s assets. These suggestions are also intended to help avoid criminal liability. Here are some things to consider – Make sure your taxes are current. Cut your spending. Be honest about your debts. Don’t transfer business property to hide it from creditors. Don’t pay one creditor over another. Keep debt and bank accounts separate. Renew your insurance. Return unwanted leased property. Sell your business. These are just some options to consider. Business Bankruptcy Lawyer Free ConsultationWhether you want to consolidate, fight debt, negotiate it down or file a business bankruptcy, 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
Can I Call My Child As A Witness in Court To Say Where She Would Like To Live? Source: https://www.ascentlawfirm.com/how-to-handle-business-debt/ 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 ConsultationIf 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.
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 49 reviews
When Your Minor Child is Pregnant How to Get a Good Divorce Settlement If I Can’t Afford a Lawyer? If I File Bankruptcy Do I Have To Go To Court? Source: https://www.ascentlawfirm.com/child-support-and-taxes-in-divorce/ 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 ConsultationWhen 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.
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
When Your Minor Child is Pregnant Filing Your Tax Return During Divorce Proceedings in Utah Household Debt Near Great Recession Level Source: https://www.ascentlawfirm.com/what-makes-a-will-valid/ |
ABOUTHi i am Sandra Klutts. If you need a Cottonwood Heights divorce lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and family law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation. They are among the best law firms in the area. I would definitely recommend them to anyone. Divorce in Utah can be tough, so you need a smart Cottonwood Heights divorce lawyer. Archives
April 2019
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