John Vitela

Thursday, 3 September 2020

Utah Divorce Code 30-3-10.3

30-3-10.3 – Terms of joint legal or physical custody order.

• Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the court.

• An order of joint legal or physical custody shall provide terms the court determines appropriate, which may include specifying:
o either the county of residence of the child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the child;
o that the parents shall exchange information concerning the health, education, and welfare of the child, and where possible, confer before making decisions concerning any of these areas;
o the rights and duties of each parent regarding the child’s present and future physical care, support, and education;
o provisions to minimize disruption of the child’s attendance at school and other activities, his daily routine, and his association with friends; and
o as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly.
• The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8.
• Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child the majority of the time.
• The appointment of joint legal custodians does not impair or limit the authority of the court to order support of the child, including payments by one custodian to the other.
• An order of joint legal custody, in itself, is not grounds for modifying a support order.
• An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties agree to use before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.

Types of custody orders

There are two kinds of child custody:
• Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and
• Physical custody, which means who your children live with.
Legal custody can be:
• Joint, where both parents share the right and responsibility to make the important decisions about the health, education, and welfare of the children.
OR
• Sole, where only 1 parent has the right and responsibility to make the important decisions about the health, education, and welfare of the children.

Parents with legal custody make decisions or choices about their children’s:
• School or child care
• Religious activities or institutions
• Psychiatric, psychological, or other mental health counseling or therapy needs
• Doctor, dentist, orthodontist, or other health professional (except in emergency situations)
• Sports, summer camp, vacation, or extracurricular activities
• Travel
• Residence (where the children will live)
Parents who share legal custody both have the right to make decisions about these aspects of their children’s lives, but they do not have to agree on every decision. Either parent can make a decision alone. But to avoid having problems and ending up back in court, both parents should communicate with each other and cooperate in making decisions together.
Physical custody can be:
• Joint, which means that the children live with both parents.
• Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent.
Joint physical custody does not mean that the children must spend exactly half the time with each parent. Usually the children spend a little more time with 1 parent than the other because it is too hard to split the time exactly in half. When 1 parent has the children more than half of the time, then that parent are sometimes called the primary custodial parent. Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means that both parents share the responsibility for making important decisions in the children’s lives, but the children live with 1 parent most of the time. The parent who does not have physical custody usually has visitation with the children.

Types of visitation orders

Visitation (also called time-share) is the plan for how the parents will share time with the children. A parent who has the children less than half of the time has visitation with the children. Visitation orders are varied, depending on the best interests of the children, the situation of the parents, and other factors. In general, visitation can be:
• Visitation according to a schedule: Generally, it helps the parents and children to have detailed visitation plans to prevent conflicts and confusion, so parents and courts often come up with a visitation schedule detailing the dates and times that the children will be with each parent. Visitation schedules can include holidays, special occasions (like birthdays, mother’s day, father’s day, and other important dates for the family), and vacations.
• Reasonable visitation: A reasonable visitation order does not necessarily have details as to when the children will be with each parent. Usually, these orders are open-ended and allow the parents to work it out between them. This type of visitation plan can work if parents get along very well and can be flexible and communicate well with one another. But if there are ever disagreements or misunderstandings, this kind of an open schedule can cause issues between the parents, and the children may suffer as a result.

• Supervised visitation: This is used when the children’s safety and well-being require that visits with the other parent be supervised by you, another adult, or a professional agency. Click for more information on supervised visitation. Supervised visitation is sometimes also used in cases where a child and a parent need time to become more familiar with each other, like if a parent has not seen the child in a long time and they need to slowly get to know each other again.
• No visitation: This option is used when visiting with the parent, even with supervision, would be physically or emotionally harmful to the children. In these cases, it is not in the best interest of the children for the parent to have any contact with the children.

Deciding custody and visitation

The law says that judges must give custody according to what is in the best interest of the child.
To decide what is best for a child, the court will consider:
• The age of the child,
• The health of the child,
• The emotional ties between the parents and the child,
• The ability of the parents to care for the child,
• Any history of family violence or substance abuse, and
• The child’s ties to school, home, and his or her community.
Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability or a different lifestyle, religious belief, or sexual orientation. In addition to custody orders, the judge will probably also make child support orders. Keep in mind that a child support order is separate from child custody and visitation, so you cannot refuse to let the other parent see the children just because he or she is not making the child support payments that the court ordered. And you cannot refuse to pay child support just because the other parent is not letting you see your children. But child support and custody are related because the amount of time each parent spends with the children will affect the amount of child support. Click to read more about child support. Sometimes, if giving custody to either parent would harm the children, courts give custody to someone other than the parents because it is in the best interest of the children. Usually this is called guardianship, where someone who is not the parent asks for custody of the children because the parents cannot care for them. Click for more information on guardianship.

Ways to get a custody and visitation court order

In most cases, parents can make their own agreements for custody and visitation, without a court order. If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order. So if you and the other parent agree on custody and want a court order that either of you can enforce if 1 of you violates the agreement, you can turn in your agreement to a judge. The judge will probably approve the agreement, sign it, and it will become a court order. After the judge signs your agreement, file it with the court clerk. Click for more information on writing up a custody and visitation agreement or parenting plan. If you cannot agree, the judge will send you to mediation and a mediator from Family Court Services or another court-related program will help you. If you still cannot agree, you and the other parent will meet with the judge. Generally, the judge will then decide your custody and visitation schedule. Learn more about mediation of custody cases. In some cases, the judge may appoint a child custody evaluator to do a custody evaluation and recommend a parenting plan. A parent can also ask for an evaluation, but the request may not be granted. Parents may have to pay for an evaluation. The judge also may appoint lawyers for children in custody cases. The judge will also decide who will pay for the children’s lawyer’s fees. After a judge makes a custody or visitation order, 1 or both parents may want to change the order. Usually, the judge will approve a new custody and visitation order that both parents agree to. If the parents cannot agree on a change, 1 parent can ask the court for a change. That parent will probably have to complete certain forms to ask for a court hearing and prove to the judge that there is a significant change in circumstances (for example, the children would be harmed unless the order is changed) or other good reason to change the order. Both parents will most likely have to meet with a mediator to talk about why the court order needs to be changed.
The Different Types of Child Custody

Physical Custody

Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively close to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives (called the custodial parent) will have sole or primary physical custody, and the other parent (the noncustodial parent) will have the right to visitation or parenting time with his or her child.

Legal Custody

Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about the child’s schooling, religious upbringing and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents. If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won’t get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you — which may harm the children. What’s more, if you’re represented by an attorney, it’s sure to be expensive. If you believe the circumstances between you and your child’s other parent make it impossible to share joint legal custody (the other parent won’t communicate with you about important matters or is abusive), you can go to court and ask for sole legal custody. But, in many states, joint legal custody is preferred, so you will have to convince a family court judge that it is not in the best interests of your child.

Sole Custody

One parent can have either sole legal custody or sole physical custody of a child. Courts generally won’t hesitate to award sole physical custody to one parent if the other parent is deemed unfit — for example, because of alcohol or drug dependency or charges of child abuse or neglect. However, in most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role both parents play in their children’s lives. Even where courts do award sole physical custody, the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule. In these situations, the parents would make joint decisions about the child’s upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights under a parenting agreement or schedule. It goes without saying that there may be animosity between you and your soon-to-be ex-spouse. But it’s best not to seek sole custody unless the other parent truly causes direct harm to the children. Even then, courts may still allow the other parent supervised visitation.

Joint Custody

Parents who don’t live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be:
• joint legal custody
• joint physical custody (where the children spend a significant portion of time with each parent), or
• joint legal and physical custody.

Joint Custody Arrangements

When parents share joint custody, they usually work out a schedule according to their work requirements, housing arrangements and the children’s needs. If the parents cannot agree on a schedule, the court will impose an arrangement. A common pattern is for children to split weeks between each parent’s house or apartment. Other joint physical custody arrangements include:
• alternating months, years, or six-month periods, or
• spending weekends and holidays with one parent, while spending weekdays with the other.
There is even a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out, spending their out time in separate housing of their own. This is commonly called bird’s nest custody or nesting.

Pros and Cons of Joint Custody

Joint custody has the advantages of assuring the children continuing contact and involvement with both parents. And it alleviates some of the burdens of parenting for each parent. There are, of course, disadvantages:
• Children must be shuttled around.
• Parental noncooperation or ill will can have seriously negative effects on children.
• Maintaining two homes for the children can be expensive.

Utah Divorce Lawyer

When you need legal help with divorce in Utah, please call Ascent Law LLC 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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The post Utah Divorce Code 30-3-10.3 first appeared on Michael Anderson.

Wednesday, 2 September 2020

Attorneys Sugar House Salt Lake City

Sugar House is a neighborhood in Salt Lake City, Utah, United States, and is one of the city’s oldest neighborhoods. The name is officially two words, although it is often colloquially written as “Sugarhouse.” Sugar House is the site of Westminster College. Sugar House is home to two shopping centers that collectively feature various retailers such as clothing retailer Nordstrom Rack, bookseller Barnes & Noble, clothing retailer Old Navy, Whole Foods Market, Bed Bath & Beyond, Petco, Big 5 Sporting Goods, several fast food and family restaurants, and a luxury seating Cinemark cinema. A strip mall is located on the corner of 2100 South and 700 East. The corner of 2100 South and 1300 East features three low-rise office buildings. Between the shopping center and 2100 South is a small park named Hidden Hollow Natural Area, created in 2001 as a development project to beautify the city in preparation for the 2002 Winter Olympics.

It was rehabilitated based on the initiative of school children. Sugar House Park is a park located between I-80, 2100 South, 1300 East, and 1700 East. The park was host to a large celebration with fireworks each July 4, but it was discontinued in 2018 due to cost, environmental concerns, and staffing shortages. Sugar House is located within the Salt Lake City grid system. According to the Community Council, it runs from 500 East to Foothill Drive and north to south from 1300 South to the city limits about 3000 South. According to Salt Lake City’s master plan, it runs from 500 East to Parleys Way and 2000 East and from 1700 South to the city limits about 3000 South. Many local businesses as well as private residences, although not strictly located within the bounds of Sugar House, use the name because of the area’s name recognition. The business and commercial center of the neighborhood is located at 1100 East 2100 South which is also the northern end terminus of Highland Drive, where it turns into 1100 East. In the past, the Sugar House community council had mostly shunned big-box stores, and a cluster of curbside businesses existed along the intersection of 2100 South and Highland Drive/1100 East, including independent clothing and shoe stores, music shops, artist studios, public art galleries, two coffee shops, a head shop called Wizards & Dreams, and an adult interest store called Blue Boutique. However, recent redevelopment of the Granite Block has forced many of these stores to either relocate or close. Zoning changes have created concerns that the new development will be less friendly to local businesses.

Family Law

Facing a family law issue can be more stressful than other legal issues because it involves your relationships with your spouse and children. Working with an experienced family lawyer can make it less stressful for all parties involved. Family Lawyers handles the following types of family law cases:
• Prenuptial and postnuptial agreements;
• Spousal support;
• DCFS actions;
• Child support;
• Child custody;
• Divorces;
• Adoptions;
• Annulments;
• Domestic partnerships;
• Domestic litigation; and
• Paternity suits.
Don’t face any of the aforementioned family law issues without the help of a skilled attorney in your area.

How to Find a Lawyer

Although an attorney isn’t always necessary when dealing with legal situations, if you’ve decided you want to hire a lawyer, you may now be wondering how you go about finding a good one. What follows is some advice to help you find an attorney, as well as questions you should ask when narrowing down your choices. Before you begin your search to find a lawyer, however, do remember that there are different types of lawyers, from estate planning to criminal defense, so focus on attorneys who practice the kind of law for which you need legal advice.

• Ask around among your family, friends, co-workers, and acquaintances to see if they know of any attorneys they could recommend. Personal references can be some of the most reliable references you will find.
• Ask a lawyer you trust, even if they don’t practice in the area of law in which you need legal help; they may be able to recommend colleagues who can handle your case.
• Run an attorney search at databases which provide information such as practice areas, location, disciplinary records, and lawyer reviews.
• Consult your local or state bar association’s attorney directory, which is a list of lawyers in your area.
• Consider affordable options which provide solid legal advice from attorneys who don’t charge expensive hourly fees.
Questions to Ask Before Hiring a Lawyer
Now that you have some attorney options, it’s time to choose. To get you started, here’s a list of questions to ask the attorney:
• Do you provide a free consultation? If not, how much does the initial interview cost?
• How long have you been in practice?
• How much experience do you have in cases like mine, and more importantly, what were the outcomes of those cases?
• Have you ever been the subject of a disciplinary action?
• What are your fees? What services are included? How do you expect to be paid (lump sum, installments, etc.)? Are your fees or fee structure negotiable?
• What is your caseload currently like? Do you have the time to commit to my case?

One way to get a feel for an attorney’s practice is to be observant when you go for your first consultation. Take special note of the way his or her office is run, whether there is sufficient support staff, and how professionally you are treated. Pay attention to factors such as how long it took for the attorney to return your initial contact. It is also within your rights as a potential client to ask an attorney for references from past or present clients. Finally, but perhaps the most important thing for you to consider when hiring a lawyer: your instinct. You need to feel extremely comfortable with the person who will represent you and your interests, especially as you will likely be sharing private details about your life and possibly putting your future in his or her hands. If something just feels off, you should move on and find an attorney with whom you do have a better rapport.

Real Estate Lawyers

Real estate lawyers help clients with legal issues related to residential and commercial real estate, tenants and neighbors, commercial leasing, and private property ownership. Lawyers assist with transfer of real estate property, including purchase and sale. They help clients to deal with the legal aspect of rental property and defend the rights of owners, landlords, renters, and tenants. Real estate lawyers specialize in land use, zoning, property development, and foreclosure.

Legal Advice

Lawyers offer legal advice on property management, zoning violations, restrictions and covenants on real estate, property taxes, and value estimates. They specialize in real estate disputes and deed problems and help resolve disputes over encroachment, trespass, injuries, and boundaries. Lawyers help clients to make estate transactions and deal with different problems. These include tenants in residence, proof of title, immovable structures, and illegal additions or units. Immovable structures include minerals, bushes, trees, and buildings.
Lawyers review and prepare real estate documents, file liens, and draft deeds. They ensure that no liens, easements, and covenants are registered against the real estate property. Attorneys create and register documents on behalf of clients, check for adjustments, modify the terms of contracts and agreements, and negotiate the terms of sales and purchase agreements. To this, they work with investors, brokers, developers, and other attorneys.
Responsibilities
Real estate lawyers help clients with title issues and environmental and insurance issues. They review and prepare appraisals, inspections, leases, and purchase agreements. They draft documents such as financial and rental agreements, leases, and deeds for higher priced purchases or conveyance transactions. Lawyers also offer legal advice and review transactions. This is called due diligence and involves a review of sales price history, building code compliance of the real estate property, lease terms, etc.
Lawyers also represent their clients in court. They participate in trials and hearings, file appeals, and draft documents and legal pleadings. Attorneys also bargain and negotiate on behalf of clients and help them to reach settlement agreements.
Some attorneys represent financial institutions while others represent debtors in cases of trust deed and mortgage foreclosure. The court is not involved in trust deed foreclosures, and the financial establishment is the beneficiary. When the trustor or borrower is unable to keep making payments, the trustee can be authorized to sell the real estate. A Notice of Default is issued. In cases of foreclosure, the lawyer files a lawsuit, offers legal advice, and represents the parties in court. When representing debtors, the task of the attorney is to stop the foreclosure procedure and reach an agreement. The lawyer works with the financial institution to modify the terms of mortgage loan and assists in notice of default matters.
Real estate lawyers protect the interests of sellers, buyers, and other parties to minimize the risk of financial loss. They check loan documents and contracts for errors and omissions. Some attorneys use the services of title agencies. Apart from reviewing purchase agreements, lawyers check for code violations and look at mortgage documents, taxes, and lien searches. Attorneys specialize in residential and commercial real estate transactions and ensure that their clients’ interests are protected. To this, they work with insurance agents, surveyors, inspectors, real estate and title agents, and banks and other financial institutions. In residential transactions, lawyers check whether there are charges or liens against the property. They make sure that taxes and maintenance are paid by the seller and attend the closing. Finally, real estate lawyers help clients with security deposits and review the closing statement, promissory note, bills of sale, and deed.

Steps To Lower Your Mortgage Payment

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Based on recent reports by the U.S.. Dept. of Treasury, homeowners save $544/mo. on average with select government and bank sponsored mortgage relief programs. Finding the right program that fits your situation is the hardest part. Fear not, Making Homes Obtainable is here to help you understand your options and to find the best company or attorney to achieve them. Foreclosure problems do not simply go away. Do not wait until it too late! Your home could be auctioned off and you don’t even know it until the sheriff shows up with an eviction notice. Let your Hardship Analyst find out where you stand with your mortgage TODAY. Don’t put it off until tomorrow, for tomorrow could be too late!

A Mortgage Hardship Analyst will walk you through the process of pre-qualifying for a home modification service. Every situation is different, and there are many programs you may qualify for. If you apply incorrectly, you may have to wait another 12 months before applying again. By that time it might by too late. A trained and certified Hardship Analyst will match you up with the company or attorney that can assist your particular situation. The consultation is free and there is no obligation to move forward if you do not like the options we find for you.

You may be asked to submit some paperwork to verify your income or hardship. If there is anything that is needed, your Hardship Analyst will be sure to let you know. Be sure to be prompt with returning any required documents. With program availability limited, it is important to get you enrolled for assistance if you qualify. You may have multiple options to choose from for assistance. You and your Hardship Analyst will select the company or attorney that best suites your needs. Once you begin the application process with the bank it could take several months to get a resolution. You will be in good hands and back on your feet in no time. Don’t let the banks push you around anymore! Know your rights and save your home!

Sugar House Lawyer

When you need legal help in Sugar House Utah, please call Ascent Law LLC 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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Are Private Placements Good?

The post Attorneys Sugar House Salt Lake City first appeared on Michael Anderson.

Are Private Placements Good?

A private placement is a sale of stock shares or bonds to pre-selected investors and institutions rather than on the open market. It is an alternative to an initial public offering (IPO) for a company seeking to raise capital for expansion. Investors invited to participate in private placement programs include wealthy individual investors, banks and other financial institutions, mutual funds, insurance companies, and pension funds. One advantage of a private placement is its relatively few regulatory requirements. Small businesses face the constant challenge of raising affordable capital to fund business operations. Equity financing comes in a wide range of forms, including venture capital, an initial public offering, business loans, and private placement. Established companies may choose the route of an initial public offering to raise capital through selling shares of company stock. However, this strategy can be complex and costly, and it may not be suitable for smaller, less-established businesses. As an alternative to an initial public offering, businesses that want to offer shares to investors can complete a private placement investment. This strategy allows a company to sell shares of company stock to a select group of investors privately instead of the public. Private placement has advantages over other equity financing methods, including less burdensome regulatory requirements, reduced cost and time, and the ability to remain a private company.

Regulatory Requirements for Private Placement

When a company decides to issue shares of an initial public offering, the U.S. Securities and Exchange Commission requires the company to meet a lengthy list of requirements. Detailed financial reporting is necessary once an initial public offering is issued, and any shareholder must be able to access the company’s financial statements at any time. This information should provide enough disclosure to investors so they can make informed investment decisions. Private placements are offered to a small group of select investors instead of the public. So, companies employing this type of financing do not need to comply with the same reporting and disclosure regulations. Instead, private placement financing deals are exempt from SEC regulations under Regulation D. There is less concern from the SEC regarding participating investors’ level of investment knowledge because more sophisticated investors (such as pension funds, mutual fund companies, and insurance companies) purchase the majority of private placement shares.

Saved Cost and Time

Equity financing deals such as initial public offerings and venture capital often take time to configure and finalize. There are extensive vetting processes in place from the SEC and venture capitalist firms with which companies seeking this type of capital must comply before receiving funds. Completing all the necessary requirements can take up to a year, and the costs associated with doing so can be a burden to the business. The nature of a private placement makes the funding process much less time-consuming and far less costly for the receiving company. Because no securities registration is necessary, fewer legal fees are associated with this strategy compared to other financing options. Additionally, the smaller number of investors in the deal results in less negotiation before the company receives funding.

Private Means Private

The greatest benefit to a private placement is the company’s ability to remain a private company. The exemption under Regulation D allows companies to raise capital while keeping financial records private instead of disclosing information each quarter to the buying public. A business obtaining investment through private placement is also not required to give up a seat on the board of directors or a management position to the group of investors. Instead, control over business operations and financial management remains with the owner, unlike a venture capital deal.

Understanding Private Placement

There are minimal regulatory requirements and standards for a private placement even though, like an IPO, it involves the sale of securities. The sale does not even have to be registered with the U.S. Securities and Exchange Commission (SEC). The company is not required to provide a prospectus to potential investors and detailed financial information may not be disclosed. The sale of stock on the public exchanges is regulated by the Securities Act of 1933, which was enacted after the market crash of 1929 to ensure that investors receive sufficient disclosure when they purchase securities. Regulation D of that act provides a registration exemption for private placement offerings. The same regulation allows an issuer to sell securities to a pre-selected group of investors that meet specified requirements. Instead of a prospectus, private placements are sold using a private placement memorandum (PPM) and cannot be broadly marketed to the general public. It specifies that only accredited investors may participate. These may include individuals or entities such as venture capital firms that qualify under the SEC’s terms.

Advantages and Disadvantages of Private Placement

Private placements have become a common way for startups to raise financing, particularly those in the internet and financial technology sectors. They allow these companies to grow and develop while avoiding the full glare of public scrutiny that accompanies an IPO. Buyers of private placements demand higher returns than they can get on the open markets. As an example, Light speed Systems, an Austin-based company that creates content-control and monitoring software for K-12 educational institutions, raised an undisclosed amount of money in a private placement Series D financing round in March 2019. The funds were to be used for business development.

A Speedier Process

Above all, a young company can remain a private entity, avoiding the many regulations and annual disclosure requirements that follow an IPO. The light regulation of private placements allows the company to avoid the time and expense of registering with the SEC. That means the process of underwriting is faster, and the company gets its funding sooner. If the issuer is selling a bond, it also avoids the time and expense of obtaining a credit rating from a bond agency. A private placement allows the issuer to sell a more complex security to accredited investors who understand the potential risks and rewards.

A More Demanding Buyer

The buyer of a private placement bond issue expects a higher rate of interest than can be earned on a publicly-traded security. Because of the additional risk of not obtaining a credit rating, a private placement buyer may not buy a bond unless it is secured by specific collateral. A private placement stock investor may also demand a higher percentage of A private placement – or non-public offering – is where a business sells corporate bonds or shares to investors without offering them for sale on the open market. These investors could be insurance companies or high-net-worth individuals. By selling corporate bonds you can raise funds for expanding your business, to finance mergers, or to supplement or replace bank funding. Raising funds in this way offers benefits such as providing stability through long-term investment and protecting the value of your business’ shares – see advantages and disadvantages of raising finance by issuing corporate bonds. By using private placements, you can raise a significant amount of finance, and often quite quickly. A private placement doesn’t need to involve brokers or underwriters and instead they can usually be arranged through banks or specialist financial institutions.

Advantages of using private placements

There are several advantages to using private placements to raise finance for your business. They:
• allow you to choose your own investors – this increases the chances of having investors with similar objectives to you and means they may be able to provide business advice and assistance, as well as funding
• allow you to remain a private company, rather than having to go public to raise finance
• provide flexibility in the amount and type of funding – e.g. allowing a combination of bonds and equity capital, with amounts ranging from less than £100,000 to several million pounds
• allow you to make a return on the investment over a longer time period – as private placement investors will be prepared to be more patient than other investors, such as venture capitalists
• require less investment of both money and time than public share flotation

• provide a faster turnaround on raising finance than the venture capital markets or public placements
As a result, private placements are sometimes the only source of raising substantial capital for more risky ventures or new businesses.
Disadvantages of using private placements
There are also some disadvantages of using private placements to raise business finance. For example, there will be:
• a reduced market for the bonds or shares in your business, which may have a long-term effect on the value of the business as a whole
• a limited number of potential investors, who may not want to invest substantial amounts individually
• the need to place the bonds or shares at a substantial discount to compensate investors for their greater risk and longer-term returns
Additionally, although it isn’t a mandatory requirement, having a credit rating can be an advantage. However, this is time consuming and will be an added cost to the process. The private placement definition is the process of raising capital directly from institutional investors. A company that does not have access to or does not wish to make use of public capital markets can issue stocks, bonds, or other financial instruments directly to institutional investors. Institutional investors include the following:
• Mutual funds,
• Pension funds
• Insurance companies
• Large banks
You do not have to register private placement issuances with the Securities and Exchange Commission (SEC). In addition, you do not have to provide a detailed prospectus. The issuing company and the purchasing investors negotiate the terms and conditions are negotiated. You cannot trade private placement securities on public markets, but they can be traded privately among institutional investors after they have been issued by the issuing company. A private placement is in contrast to a public offering, which is issued in public capital markets, requires a detailed prospectus, must be registered with the SEC, and can be traded by the investing public in the secondary markets.

In this Placement, the securities are issued to a limited number of investors who are “accredited”. An accredited investor is the one who: –
• Meets a certain threshold of financial net worth and qualifications.
• Is more experienced in making investments and making prudent financial decisions.
• Could afford taking risks and losses arising from such an investment.
Differences Between Private Placement Program and Public Offering
• The securities are sold to a group of investors in the private placement of shares whereas in public offering the securities are offered to the public.
• Private placement of shares can be issued by both public and private Companies whereas in case of public offering the Company is either listed or will be listed after the offer is made.
• This placement deals may not be required to be registered with a regulator whereas the deals in which securities are offered publicly have to be registered with a regulator.
• The private placement of shares, if done by a private company will not affect the share price because they are not listed. However, for a public listed Company, this placement will lead to a decline in share price at least in the near term.

Some of the largest and most powerful companies in the world were created by raising capital in the public markets. Oil companies, utilities, food and beverage, and technology companies have all accessed the public market to fund their day-to-day operations and grow their businesses. By selling all or part of a business in a public offering, companies that go public receive an immediate influx of capital. While this might appeal to some companies, others understand that public ownership comes at a price. By choosing to stay private, they do not have to report to a large group of shareholders and are able to keep their business plans and finances private. Startups typically become established as private entities using capital from the owners or outside investors, cash generated from the business, and bank loans. When the company’s growth or survival requires more capital than those sources can offer, it may decide to sell all or part of the business by offering its stock to the public. By doing so, companies become subject to greater scrutiny by regulators and shareholders. Companies may be willing to sacrifice control and privacy to access large amounts of capital they might otherwise not be able to obtain. They can use publicly traded stock as a form of currency for purposes that would normally require large amounts of cash, such as purchasing other companies or compensating officers.

For some companies, the drawbacks of public ownership outweigh the lure of accessing large amounts of capital. One of the major reasons a company stays private is that there are few requirements for reporting. For example, a private company is not subject to Securities and Exchange Commission (SEC) rules, which require annual reporting and third-party auditing. Anyone who has held shares in a publicly-traded company knows all about glossy annual reports that contain extensive information about a company’s finances. Private companies do not need to produce such reports or disclose important information about their finances to the public. While they must practice accurate and current accounting, they do not need to meet the stringent and complex accounting rules and standards applied to public companies. Although private companies cannot raise capital in the public markets, they do have access to it through other sources like bank financing. Private companies that have been in business for long time periods have established relationships with their banks and can tap into commercial lines of credit when needed. The companies can also use their assets or inventory as collateral for the loan.

Investing in a Private Company

Private companies can also raise capital by offering stock ownership to outside parties or to employees. The value of a private company’s stock is determined by private valuation. Some companies carry the stock at cost on their books, while others may use a different valuation method. Investors who own stock in a privately held company must be prepared to accept the valuations and terms that companies dictate. Offering stock to outside investors usually comes as a prelude to going public, and the purchasers are often venture capital sources. A company may go public more gradually by offering stock to employees as an incentive or as part of their compensation. This gives them an incentive to devote their efforts toward one goal and raises needed capital. United Parcel Service (NYSE:UPS) remained private from its founding in 1907 until it went public in 1999. Prior to going public, UPS regularly offered its private stock for employees to purchase or as compensation. While the majority of the first shareholders probably didn’t fully recognize the value of their shares, they found out when the stock started trading on a public exchange, and its price was determined by public demand.

There are many reasons to take a company public; the most common one is to have instant access to large amounts of capital. However, that access also comes at a high price in the form of scrutiny by the SEC and shareholders. As a result, many private companies prefer to stay private and find alternate sources of capital. Traditional lending institutions provide collateralized loans and stock that can be used as private currency or sold to employees to raise capital. This means that while it is possible to invest in private companies, it usually requires close ties to the company.

Free Initial Consultation with Lawyer

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 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

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Foreclosure Lawyer American Fork Utah

The post Are Private Placements Good? first appeared on Michael Anderson.

Tuesday, 1 September 2020

Foreclosure Lawyer American Fork Utah

American Fork is a city in north-central Utah County, Utah, United States, at the foot of Mount Timpanogos in the Wasatch Range, north of Utah Lake. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 32,519 in 2018, representing a nearly 20% growth since the 2000 census. The city has grown rapidly since the 1970s. The area around Utah Lake was used as a seasonal hunting and fishing ground by the Ute Indians. American Fork was settled in 1850 by Mormon pioneers, and incorporated as Lake City in 1852. The first settlers were Arza Adams,[8] followed by Stephen Chipman (grandfather of Stephen L. Chipman, a prominent citizen around the start of the 20th Century), Ira Eldredge, John Eldredge and their families. The first settlers of American Fork lived in scattered conditions along the American Fork River.

By the 1850s, tension between the settlers and Native Americans was increasing. In 1853, Daniel H. Wells, the head of the Nauvoo Legion (the Utah Territorial Militia at the time), instructed settlers to move into specific forts. At a meeting on July 23, 1853, at the schoolhouse in American Fork, Lorenzo Snow and Parley P. Pratt convinced the settlers to follow Wells’ directions and all move together into a central fort. A fort was built of 37 acres (150,000 m2) to which the settlers located. Only parts of the wall were built to eight feet high, and none were built to the original plan of twelve feet high. Settlers changed the name from Lake City to American Fork in 1860. It was renamed after the American Fork River which runs through the city, as well as to avoid confusion with Salt Lake City. Most residents were farmers and merchants during its early history. By the 1860s, American Fork had established a public school, making it the first community in the territory of Utah to offer public education to its citizens. In the 1870s, American Fork served as a rail access point for mining activities in American Fork Canyon. American Fork had “a literal social feud” with the town of Lehi due to the Utah Sugar Company choosing Lehi as the factory building site in 1890, instead of American Fork. There were several mercantile businesses in American Fork, such as the American Fork Co-operative Association and Chipman Mercantile. For several decades in the 1900s, raising chickens (and eggs) was an important industry in the city. In 1892, Joseph Forbes organized the schools in American Fork, and the Forbes school is named after him.

During World War II the town population expanded when the Columbia Steel plant was built. An annual summer celebration in the city is still called “Steel Days” in honor of the economic importance of the mill, which closed in November 2001. The steel mill was located approximately six miles (10 km) southeast from town, on land on the east shore of Utah Lake. American Fork built a city hospital in 1937. A new facility was built in 1950, which was sold to Intermountain Healthcare in 1977, which in turn replaced that hospital with a new facility in 1980. The 1992 film The Sandlot was mostly filmed on the Wasatch Front. The carnival scene was filmed in American Fork on State Street by Robinson Park. Several scenes from the 1984 movie Footloose were also filmed in American Fork, including the opening scene inside the church, the front porch scene with Kevin Bacon and his family, and the gas station scene in which Bacon refuels his Volkswagen.

Why Use a Foreclosure Defense Attorney?

Helping Homeowners Avoid Foreclosure – The market is officially saturated with self proclaimed “foreclosure rescue consultants” and dozens of companies seeking to grab money from financially distressed families who are in a panic. To make matters worse, several entities calling themselves law firms or legal groups have become glorified processing centers and illegal partnerships, where clients don’t even speak to a lawyer. Who can you trust from start to finish? What if the lender doesn’t approve your request? A licensed attorney can help you execute any and every option available. The last couple of years have been quite unstable for the housing market. People are facing foreclosure and losing their homes. According to statistics, in Utah 6% of all the mortgages are facing foreclosure proceedings.

Options for Homeowners to Avoid Foreclosure

The fact is that for vast majority of people foreclosures are stressful, confusing and overwhelming because they do not know much about the foreclosure proceeding. They are not aware of the fact that there are options available to them that can help them avoid foreclosure proceedings. Here is a quick breakdown of the most popular options:

Loan Modification

A specialized foreclosure defense attorney can lay out the options available to homeowners who are facing foreclosure. Under the Housing Bill passed by President Obama, homeowners facing foreclosure can go for loan modification. Assistance of a foreclosure defense attorney can help a homeowner negotiate the mortgage modification with the lenders.

Short Sale

Still another option that homeowners have is that of short sale. Under this option the homeowner will sell the mortgaged property for less than balance owed on the loan. The proceeds of the sale are given to the lender. Before the sale, the short sale lawyer will negotiate with the bank. The short sale attorney will convince the bank that due to economic or financial hardship, the bank should agree to a discount the loan balance. Therefore, after the house is sold the remaining balance is discounted.

Deed In Lieu

Another way that a homeowner can avoid foreclosure is by opting for deed in lieu. The homeowner’s real estate attorney will negotiate with the lender. The homeowner will sign over the deed or title of the property to the bank and the bank in return will cancel the mortgage.

Bankruptcy

Another option that a real estate lawyer can suggest to a homeowner is that of filing bankruptcy. This will not only stop all foreclosure proceedings but will also give a chance to the homeowner to repay some of the debt and retain the house.

Refinancing

Utah real estate attorney can also suggest the option of refinancing to avoid foreclosure. Refinancing simply means that the homeowner replaces the existing mortgage with a new one. In most cases, the new mortgage comes with lower interest rates and better terms and conditions.

Reverse Mortgage

A very good option that a foreclosure defense attorney might suggest is that of reverse mortgage. This is amply a loan against the property. A homeowner does not need to repay the loan as long as he/she lives there. However, this option is mostly available to those who own the property and are over 62 years of age.

Contesting Foreclosure

In many cases it has been seen that homeowners can successfully contest foreclosure proceeding. A foreclosure defense Jacksonville lawyer can help homeowners find the legal grounds on which the proceedings can be challenged. It might be possible that the mortgage company has filed the foreclosure proceedings illegally. A cautious attentive homeowner with the help of a foreclosure defense Florida attorney will be able to figure out what is illegal about the proceedings. The bottom line is that there are several options available to homeowners to help them avoid foreclosure. It is up to the homeowners to seek these options. A foreclosure defense attorney will act as a specialist guide in their efforts to avoid foreclosure. The content of this article merely provides a broad generalization and should not be construed as legal advice. A foreclosure is forced sale of home or property by a financial institution such as a bank or mortgage company. Unless you paid for your property in full (cash) at the time of purchase, most property owners use a 3rd party to provide the additional funds to complete the sale. As a result, the owner is obligated to repay the monies borrowed this is called a mortgage. When a property owner fails to make payments as part of the loan agreement for their mortgage, the bank or other lien holder may begin foreclosure proceedings to take possession of the property to satisfy the debt owed to them. Many mortgages have an acceleration clause in the mortgage’s promissory note. This feature can often trigger a premature foreclosure action. The acceleration clause permits the bank or mortgage holder to declare the whole loan due if the property owner misses a specified number of mortgage payments. Usually, the property owner must be provided with sufficient notice before the lending institution can invoke the acceleration clause.

The foreclosure process is a lawsuit brought by the bank or lender to force the sale of property to satisfy the outstanding debt. In most instances, the court will order a sale of the property after deciding the actual balance due on the mortgage (this includes accrued interest). The proceeds of the sale of your property will then apply to the outstanding debt. If the value of your property is less than the outstanding debt, you may still owe the lending institution for the remainder, depending on the terms of the original loan. As the owner, you have the right to pay the bank off before the foreclosure sale in order to keep your property. If you think you may default on your mortgage and fear that you may lose your property through foreclosure, an experienced lawyer may help you determine what other options available to you, including filing for bankruptcy. An attorney can also represent you in a foreclosure proceeding to make certain your interests and rights are protected.

Foreclosure Process

The foreclosure process varies from state to state, but the process is generally very straightforward and typically lasts up to 6 months. The process depends on whether the foreclosure is a judicial sale or a non-judicial sale.

• Pre-Foreclosure: After the property owner fails to make two to three mortgage payments (30-60 days), the property is considered to be in pre-foreclosure. When the property is in pre-foreclosure, lenders will usually send a demand letter demanding full and immediate payment of the loan, plus any legal and late fees incurred. The homeowner has 30 days to make the payments on the debt owed or the foreclosure process will be initiated.

• Notice of Default: After 90 days of non-payment by the property owner, the foreclosure process enters into the legal process. A bank will issue a notice of default to a local sheriff to deliver to the property owner. The notice of default will be recorded by the government agency and a date will be selected for a foreclosure auction. A notice of default also paves way for investors and other homeowners to consult a short sale on the property.

• Foreclosure Auction: A public foreclosure auction will take place and the property may be sold at the auction to the highest bidder. The lender issuing the default can also purchase the property and sell it independently in a private sale. At this time, the homeowner must vacate the property or an unlawful detainer will be filed to evict the homeowner if he or she is still living on the property after the sale.

• Post-Foreclosure: If proceeds of the sale are insufficient to satisfy the debt being foreclosed on, the lender can bring personal action on the homeowner borrower for the deficiency. In some states, the borrower may have a right to redeem after a foreclosure by paying the entire sale price.

• Right of Redemption: Anytime prior to a foreclosure sale, the homeowner or mortgagor may redeem the property by paying the amount due. This is known as the right of redemption. If the mortgage contains an acceleration clause, the full balance on the mortgage must be paid in order for the homeowner to redeem.

Do I Need a Foreclosure Attorney?

A real estate attorney can help you in many ways throughout the process. An attorney will not only defend you in the foreclosure proceeding, but will also work with your lender to figure out alternatives which may help you remain in your home. You should speak with an attorney regarding your foreclosure situation in order to determine your possible courses of action. A real estate lawyer can provide valuable legal information as well as representation in a court of law should a lawsuit become necessary. Contact a lawyer to learn more about your state’s foreclosure laws.

Can Foreclosure Be Stopped Once the Bank Initiates It?

Foreclosure is the legal process by which a lender can repossess your home and sell it to try to recover all or some of the debt owed. Once you default on your monthly home loan payments, your lender has the right to start the process of foreclosure. However, even though your bank has initiated the foreclosure process, you do have some options to try during the pre-foreclosure period to try to avoid losing your home.

Mortgage Modification

You can avoid foreclosure by modifying your mortgage loan agreement with your lender. Your options include refinancing your debt, reducing your interest rate and/or extending the length of your mortgage term. This will reduce your monthly loan payments and help you avoid foreclosure. To qualify, you must prove to your lender that your net income has been reduced significantly since the time you signed the loan. In most cases you will have to pay a lender fee, which will usually be included in your new loan payment plan.

Partial Claim

Another option to avoid foreclosure is to seek a one-time interest-free loan from HUD. The department charges lenders a fee to use its services and to receive an advance loan in order to make your loan current. To qualify, you must prove that your current financial situation is solvent and sign a promissory note with your lender stating that you will repay your loan over time. Your lender will have a lien on your house until you repay your loan.

Special Forbearance

Your lender may agree to special forbearance–to temporarily reduce or stop your monthly payments–while it works with you to create a new mortgage repayment plan. You need to prove that you lost your job or main source of income and/or you are experiencing unexpected monthly expenses. After this period, your lender will require you to start making higher payments (usually 1 1/2 times your original amount) for a certain period until your loan is current.

Chapter 13 Bankruptcy

As a last resort, you can file for Chapter 13 bankruptcy. This type of bankruptcy allows you to meet with your creditors, including your mortgage lender, to work out a repayment plan. Once a payment plan is created, it is important to make sure you make all payments as agreed upon to avoid foreclosure. On the other hand, Chapter 7 bankruptcy only delays the foreclosure process by putting an “automatic stay” against your bank for a certain period deemed fit by the court. Since your bank is a secured creditor, at some point the bank will be granted a “relief from automatic stay” and the foreclosure process will continue.

Foreclosure Attorney

When you need legal help with a foreclosure, please call Ascent Law LLC 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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The post Foreclosure Lawyer American Fork Utah first appeared on Michael Anderson.

Utah Divorce Code 30-3-10.2

30-3-10.2. Joint custody order – Factors for court determination – Public assistance.

• The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determines that joint legal custody or joint physical custody or both is in the best interest of the child.
• In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:

 whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
 the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest;
 whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
 whether both parents participated in raising the child before the divorce;
 the geographical proximity of the homes of the parents;
 the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody;
 the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
 the past and present ability of the parents to cooperate with each other and make decisions jointly;
 any history of, or potential for, child abuse, spouse abuse, or kidnapping; and
 any other factors the court finds relevant.
• The determination of the best interest of the child shall be by a preponderance of the evidence.
• The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment Support Act.
• The court may order that where possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.

Legal Custody

Legal custody of a child means one parent has the right to make all decisions concerning their child’s upbringing. Joint legal custody means both parents have an equal, legal right when making decisions concerning their child’s upbringing. Children generally do better if both parents are significantly involved in their lives. If you and the other parent can make joint physical custody work, it will benefit your child. If you have legal custody of your child, you can make all decisions regarding issues such as schooling, religion, medical care, and housing. With legal custody, you do not have to take into consideration the wishes or opinions of the other parent regarding your child’s upbringing. The term “custody” refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and on a child.

Joint Legal Custody

Joint legal custody (also called shared legal custody, shared parental responsibility, etc.) is when parents share that authority. The alternative is sole legal custody, where one parent has full responsibility to make major decisions for the child. You need to specify in your parenting plan which legal custody option your family will use. This determines who makes decisions about your children’s education, medical care, religion and more.

Basics of joint legal custody

You can have joint legal custody with sole physical custody or joint physical custody, which determine who your child lives with. Joint legal custody is a way to give both parents a say in their child’s upbringing. It is meant for cases in which both parents are able and available to make important decisions. In many states, it is the default option or is at least preferred over sole legal custody. In these states, sole legal custody is awarded when joint legal custody isn’t in the best interest of the child.

How to File for Child Custody in Utah

Every child custody case begins with a petition that is filed with the Court. For married parents a “Petition for Divorce” will be filed and for unmarried parents a “Petition for Paternity” or a “Petition for Custody, Visitation, and Support” will be filed. The requirements for each Petition are a bit different, but any time the Court is determining custody the judge will make a decision based on the “best interests” of the children.

Filing Your Petition for Custody in the Right Court

There are a number of requirements that have to be met before a Utah Court can make a decision as to a parent’s custody and visitation rights. There are various exceptions and other lesser-known rules that may apply to your individual case and your attorney can help you sort through those if they’re applicable, but for most cases where your children have been living in Utah for the past 6 months the following general rules will apply:
• If you’re married and filing a Petition for Divorce, you must file your petition in the county courthouse where you or your spouse have resided for the last three months.
• If you’re not married and you’re filing a petition to establish paternity over your child, you must file your petition in the county courthouse where the child resides.

Requirements When Filing for Joint Child Custody

Whenever you file for any type of joint custody (joint legal or joint physical custody) you must file a “parenting plan.” Failure to file a parenting plan can potentially be devastating. This is so because many custody battles end up in a temporary orders hearing where the court will implement a temporary parent-time schedule. If you are asking for joint physical custody, and the other parent has the children a majority of the time, and you have not filed a parenting plan, the court cannot technically award you joint physical custody. This would mean the court would award the other parent with primary physical custody, you would have less time with your children, your child support amount would be higher, and your case for permanent joint custody could be weakened. Getting deserved custody and parent-time with your children as fast as possible is paramount for any concerned parent. Because of this, you must be sure that you start your case out on the right foot. Making even basic errors can cause serious delay in getting the court to intervene and give you court orders protecting your custodial rights.

What does it Cost to File for Custody in Utah?

The filing fee for a child custody case in Utah is $318. There are also costs associated with service. See, once you file your initial custody documents with the Court, you have to have someone serve your soon-to-be ex with those documents. The Utah Rules of Civil Procedure specify you can’t do that personally (too much room for monkey business), so you should have a professional process server do it. That might be a constable with the sheriff’s office, or a company that serves these sorts of documents regularly. Either way the cost will likely range from $15 to $30. All told, the cost to file and serve a custody case averages around $400.

Changing a Utah Custody Order

Situations arise and circumstances sometimes change long after a child custody order has been issued by the court as part of a divorce decree. When the situation has changed substantially, it may be necessary for one or both parents affected by a custody order to seek a change. Courts recognize that life circumstances can change, thus necessitating the ability of a parent to seek a modification of an earlier order. If the original child custody order was issued by a court in Utah, people may file a motion to modify the child custody order by filing a motion with that court. Generally, the original issuing court will retain jurisdiction over the matter. If the requested modification is uncontested, the parents may file a stipulated motion with the court together. Courts generally will approve such stipulations as long as they are in the child’s best interests. If one parent wishes to modify custody and the other has an objection, the parent wishing the change may file a motion to modify with the court. He or she will then need to serve the motion, along with a summons and notice of the scheduled return date, on the other parent. An affidavit of service must then be filed with the court. This gives the other parent an opportunity to respond to the modification motion. While it is sometimes possible for parents to amicably arrive at a new custody agreement when a change is needed, this is not always the case. If it is contested, the court will hear evidence as presented from both parents regarding the reasons for the requested custody modification. If the court finds that the change is in the child’s best interests, the judge will then modify the child custody order. Until and unless an order is modified, parents must follow the existing order as it stands.

Explanation of Temporary Orders

Temporary Orders are just that: temporary orders made by the court to govern the parties until a case is finalized. Temporary Orders can address any issue in a divorce or child custody case, including:
• child custody,
• child support,
• alimony,
• parent-time,
• payment of debts,
• and possession of the marital home.
Once the Court hands down Temporary Orders, it does not usually modify them. Because of this, Temporary Orders are important, and we prepare for them accordingly. Usually, a party begins the Temporary Orders process by filing a Motion for Temporary Orders.

This Motion is accompanied by a Sworn Declaration (i.e., Affidavit). This Sworn Declaration, which is based on a person’s direct observation, and explains (1) the situation, and (2) why a party deserves what he or she is requesting in the Motion for Temporary Orders. The other party has an opportunity to respond and file a Counter-Motion for Temporary Orders. If a Response is filed, the other party has a final chance to reply before the Court holds a hearing. All parties also have the opportunity to provide the Court with documentary evidence, such as bank statements, parent-time calendars, and photographs. From the time a Motion for Temporary Orders is filed, it usually takes between four to six weeks schedule a hearing with the Court. The hearing in Court will be held before a Commissioner. A Commissioner is not quite a judge, but acts as a judge in family law cases. Usually, in a hearing regarding Temporary Orders, live testimony will not be taken. Instead, the attorneys will proffer evidence, which means the attorneys will stand up and argue. Really, the only time you would talk during a Temporary Orders hearing is if the Commissioner asks you a specific question.

The Commissioner will have read all pleadings before the hearing. Sometimes, the Court may require witnesses to attend Temporary Orders hearings. If so, we would need to subpoena those witnesses at least fourteen days before the hearing. There is a fee for subpoenaing witnesses that is paid directly to the witness. When all parties have made their arguments, the Commissioner will make Recommendations and ask an attorney to write down those Recommendations and provide them to the Court. Upon receiving the Recommendations, they will be forwarded to the Judge, who will sign them. If you believe the Commissioner made a mistake and made legally incorrect Recommendations, we can file an Objection with the Judge and ask that the Recommendations be overturned. Any Objection must be filed within fourteen days of the Commissioner’s Recommendations. If you wish to object, please let us know as soon as possible since it takes time to draft an objection to a Commissioner’s Recommendations. Quite often, the Court uses Temporary Orders to formalize what has already been happening in a case (i.e., the status quo). For example, if the parties have been sharing parent-time 50/50, the Court will usually formalize that 50/50 parent-time arrangement in Temporary Orders.

That noted, many times the Court will change the status quo based on the circumstances of the case. Alimony can also be addressed in Temporary Orders. Temporary alimony is based on the need of the party requesting alimony, and the ability of the other party to pay. Being ordered to pay temporary alimony does not necessarily mean alimony will continue after the divorce is finalized. Remember, these orders are temporary in nature. Likewise, child support can be addressed in Temporary Orders. In order to address alimony or child support, a Financial Declaration will need to be filed with the Court. If you have not already completed a Financial Declaration, please do that as soon as possible. Our goal is to have Financial Declarations filed at the beginning of the litigation process. If Financial Declarations are not filed in a timely manner, it may cause a delay in your case or preclude you from asking for child support and/or alimony.