Divorce: The Holiday Effect

The topic of whether to remain married often occurs for our clients on the cusp of the winter holidays. Those who want to start the divorce frequently struggle with sensations of guilt. It's bad enough that hopes and dreams for a long, healthy, happy family life are ending. Now the divorcee also has to stress about bringing sadness and worry to friends and extended family during a time of year that is supposed to be about bringing individuals together in joy.

Why Delay?

Even when couples have already decided to divorce, they will normally just begin the procedure after the holidays. Particularly when their children are young, the holiday season is supposed to be magical. Delaying a divorce for after the holidays holds at bay the guilt of interrupting the kids' happiness. There is likewise the hope that the return to a routine school schedule after New Year's will provide a proper diversion for the kids once the divorce and child custody procedure get underway.

In spite of all these seemingly sound factors for holding off, divorce's reality slap-in-the-face is constantly going to be there. Though it's hard to fault a couple for hoping that perhaps the holidays can rescue a dying relationship, the reality is that the holiday season in and of themselves cannot repair a broken relationship. Think about the negatives:

1. Can you actually fake a pleased, civil marriage during holiday gatherings with pals, family, and coworkers? It often seems this season can bring an infinite parade of parties, work gatherings and journeys to see extended family. If your spouse's worst characteristics come out throughout this time of stress, or you understand it will be impossible to stay civil to one another at seasonal occasions, it may be much better to file your divorce papers before the holiday madness starts.

2. Is this better for your children? The most prevalent reason for staying together throughout the holidays is so children can celebrate the holidays with their moms and dads together under the same roof. However, when you announce your divorce in January, it's pretty clear to everyone that you were merely biding your time (after all, there's a reason that it's nicknamed Divorce Season). That awareness can make your kids feel as though the previous holiday was a farce and they might question exactly what else you tricked them about.

3. Is waiting truly the best option for you? Everyone understands the holidays can be demanding. Lots of individuals for that reason wish to wait until things cool down prior to submitting for divorce. Nevertheless, the holidays are a time of gathering. And even if there is nothing prepared, this is a time when individuals have the tendency to be offered and may be able to rally to support a person reeling from the realization that their marriage is over.

How to Break the News

The fact of the matter is that there is no perfect time to broach the topic of divorce. There will always be a birthday, an anniversary, a graduation or a major vacation just around the corner. Worry less about what is coming and focus more on the specifics of the discussion:

• DO be clear about your intent and your timeline.
• DO allow your spouse time to sort through their feelings and space to respond without being defensive.
• DO deliver the news with a therapist's assistance, if needed.
• DO be kind. There is absolutely nothing to be bettered by adding fuel to the fire.

Questions for a Divorce Consultation

It is essential to prepare yourself for your divorce consultation. Initially, you should prepare emotionally. Be prepared to discuss things that are deeply personal, which you may not be accustomed to going over with others. This is particularly applicable when you are having marital or familial problems. Know that it is all right to reveal anger, aggravation, and pain, and that it is all right to weep. Acknowledging these feelings before starting will help the consultation go more smoothly for you.

As soon as you have actually prepared yourself emotionally, prepare yourself intellectually as well by thinking about the questions your attorney will ask you as well as any questions you might wish to prepare ahead of time to ask in return.

Questions Your Attorney Will Ask You

Throughout your preliminary interview with a divorce attorney, expect that the lawyer will provide you with an introduction of exactly what to expect relative to a minimum of the following 5 problems: (1) the divorce procedure, (2) matters regarding any small kids of the marital relationship, (3) division of your possessions and liabilities, (4) assistance (both kid support and spousal assistance), and (5) the associated attorneys' charges and expenses. In order to be able to deal with these five main issues for you and to supply you with a possible gameplan, it will be essential for the lawyer to make a significant inquiry into all sorts of matters. Some of the concerns will be basic info research, but a lot will refer to minor kids, finances, and individual matters such as any precipitating behaviors that led to the divorce.

Know that when responding to these concerns the attorney-client privilege is in effect, meaning anything you share with the attorney will not, and can not, be repeated to anybody without your express permission. With that understanding, it is essential that you inform the lawyer the truth and supply all the associated information. The quality of the suggestions you get will be related to the candor with which you answer the attorney's questions.

Concerns You Should Ask Your Attorney

1. The number of cases of this type have you taken to trial?

It's one thing to have "dealt with" divorce cases, and quite another to have really taken cases to trial. Most cases settle, and better lawyers at settling cases so that litigating is not essential. Some lawyers nevertheless are hesitant to take any case to trial.

While you may be confident your case will settle, it is smart to consider a divorce attorney who has an excellent balance of trial experience while remaining a supporter of settlement. You do not want a divorce attorney who takes every case to court due to the fact that it shows that they may be unreasonable, may not understand the law, or might be too interested in gathering legal fees. However, having taken cases to trial shows your attorney is well-informed about the law in theory and practice as you can not "phony" your method through family law in a court.

2. Exactly what should I be doing now to protect myself?

Prior to you leave that office, make certain you have discussed exactly what you must be doing until the next action step in your case. Should you be paying kid support or alimony (PSS)? How should you handle joint credit accounts or monetary accounts? Immediate common sense actions can save you numerous difficulties as well as saving you a considerable amount of cash in many situations.

For example, failure to pay suitable child support (at standard levels) or short-lived spousal support (PSS) increases the opportunities of you being bought to pay your partner's lawyer costs which can be a little fortune. A divorce attorney will not have the ability to give you precise figures at an initial assessment due to the absence of details about your case, however they must be able to make you knowledgeable about the danger and potential commitment and provide you some support.

In many cases, restraining orders can be acquired to stop a partner from costs or hiding cash and possessions as well. A great divorce attorney can help you minimize your threats and secure your financial future.

3. What can I do to make this simpler on everyone included?

In order to get the most out of your relationship with your lawyer, it is finest that you get involved in a collective method with them. Attempt to be as organized as possible because it remains in this way that you can enable your lawyer to be proactive and not reactive to your spouse's attorney throughout proceedings. By being prepared throughout the proceedings, your attorney can concentrate on truly advocating for you, as they will have a toolbox filled with all the pertinent details you have supplied them with.

Lastly, a good lawyer will have suggestions to provide on ways to deal with the case smoothly. They can supply training, suggest family counselors or therapists, and otherwise supply help beyond the courtroom. Bring the topic up. Make the most of their experience.

About the Author

Stacey Schmidt is lead counsel of the divorce and family lawteam at Schmidt and Gladstone. She received her education at Brigham Young University graduating with her Bachelor’s Degree in Political Science in 1989, and continuing on to the J Reuben Clark Law School at Brigham Young for her Juris Doctorate Degree in 1992.

What Sexual Conduct with a Minor Means

Participating in sexual conduct with a minor is a major crime. Typically called statutory rape, being sentenced for having sex with somebody between the ages of 16 to 18 might lead to a prison sentence, sex offender registration, life time probation, as well as many additional consequences. However, what if you were uninformed that your sexual partner was under the legal age of authorization, or you were made to think they were of legal age?

In Utah, as long as your sexual partner was at least 16 years of age, mistaking their age can be utilized as a defense in many cases. If the accused made reasonable efforts to know the age of the victim, such as examining their license, it can work as a defense in court.

Sentencing for Sexual Conduct with a Minor

In order for an accused to be convicted of dedicating unlawful sexual conduct with a 16- or 17-year-old, the prosecutor needs to prove the list below components of the offense, laid out at Utah Code § 76-5-401.2:

• The victim was 16 or 17 years of ages at the time of the offense.
• The offender was either:

1. The victim's teacher, parent, babysitter, coach, or other person in a position of trust and authority.
2. At least seven years older than the victim at the time of the offense.

• The offender knew or need to have understood the victim's age.
• The defendant participated in sexual conduct with the victim, significance:

1. Sexual relations.
2. Any sex act “involving the genitals of one person and the mouth or anus of another person.”
3. Any penetration of the victim’s genitals or anus, or touching the victim’s breasts, anus, genitals, or buttocks “with the intent to cause… pain to any person or with the intent to arouse or gratify the sexual desire of any person.”

Like a lot of states, Utah classifies criminal offenses as either misdemeanors or felonies. Though felonies have harsher charges, misdemeanors are likewise with the ability of leading to high fines, months in jail, and a rap sheet.

Misdemeanors and felonies both have three sub-groups: Class A, Class B, and Class C for misdemeanors, and 3rd degree, second degree, and very first degree for felonies. Class A misdemeanors and first degree felonies are the most serious charges in their respective groups of offenses.

Illegal sexual conduct with a 16- or 17-year-old can be charged as a third degree felony or a Class A misdemeanor, depending upon the specific details of the alleged event. It may be possible to have felony charges decreased to a misdemeanor. If the offender is found guilty, she or he will face the following penalties:

Class A Misdemeanor

• Maximum Fine: $2,500.
• Maximum Sentence: 1 year in prison.

Third Degree Felony

• Maximum Fine: $5,000.
• Maximum Sentence: 5 years in jail.

In addition to being jailed and greatly fined, the defendant will also be required to register as a sex offender for a period of 10 years.

Schmidt & Gladstone Criminal Law Attorneys

If you have been accused of Sexual Conduct with a Minor and are dealing with criminal charges, contact Schmidt & Gladstone today. We have the training, knowledge, and ability necessary to gain you a strong defense and fight for your freedom. Call us today at 801-895-3113 to establish your totally free consultation.

Understanding the Utah Office of Recovery Services

The Office of Recovery Services (ORS) is an agency situated within the Utah Department of Human Services. The workplace was developed as a state program in the 1970s. In 1976, ORS became the designated state child support enforcement institution with the 1975 enactment of Title IV-D of the Social Security Act. ORS administers the State Child Assistance, Children in Care and Medicaid Healing Programs.

What Does the Utah ORS Do?

The objective of the Utah ORS is to serve kids and households by promoting independence through accountable being a parent and to ensure public funds are used properly. This decreases expenses to public support programs. ORS deals with moms and dads, companies, federal, state and private agencies, professional associations, community supporters, the legal occupation and other stakeholders and customers in a reliable and courteous manner. ORS works within the bounds of state and federal laws and restricted resources.

These include services on behalf of children and households in getting financial and medical support, through finding parents, establishing paternity and support responsibilities, and imposing those commitments when needed. They provide services to repay the state for costs of supporting kids put in its care and/or custody, by getting monetary and medical assistance, through finding moms and dads, establishing paternity and assistance responsibilities, and implementing those commitments when necessary, including collection of medical reimbursement from responsible third parties to both reimburse and avoid state Medicaid costs.

Utah ORS Stats

• Utah has in between 70,000 and 80,000 kid assistance cases. ORS serves approximately 130,000 kids.
• ORS collected over $255 million in 2015.
• Kid assistance collections totaled over $217 million. Of that amount, over $207.7 million was dispersed to children and households, and over $9 million was dispersed to reimburse State and Federal governments for Temporary Support for Needy Families (TANF).
• Over $4.3 million was dispersed to the Department of Human Solutions on behalf of Children in the State's care.
• Over $33.1 million was collected on behalf of the Department of Health, Medicaid.
• Social Security collections topped $719,000.
• The state's share of collections amounted to over $2.67 million and was gone back to the General Fund.
• The percentage of kid assistance cases with assistance orders established was 87.7%.
• Paternity is an unresolved problem in just 3.8% of all kid assistance cases.
• ORS validated insurance coverage on 404,388 Medicaid Recipients, helping to prevent more than $183 million in Medicaid expenses.

Utah Child Support Attorneys

Located in downtown Salt Lake City, the offices of Schmidt & Gladstone are backed by skilled attorneys who've represented Utah for over 18 years in family law including however not limited to: divorce, adoption, custody, and kid assistance disagreements, and other practice areas

Consulting with our company insures that you are getting the very best legal recommendations for your scenario. Our innovative, fast thinking, legal minds empower you with the tools necessary to make educated choices for you and your household. Contact us here today for a free 30-minute consultation.

Joint Custody Child Support

Do I Need to Pay Child Support if I Have Joint Custody of My Child?

It depends on what kind of joint custody you are speaking about. Legal custody relates to decision-making authority and has nothing to do with child support. Joint physical custody is in fact an unclear term and exactly what matters is how time is divided. In a lot of joint physical custody scenarios, the child's time is divided between the moms and dads in a way that implies one mom and dad has more time than the other with the child. With this kind of joint custody, child support is payable. If this is a true 50/50 time share, child support is often still bought to be paid by the parent with more cash to the one with less, but there are certainly cases in which none is purchased.

Legal Custody

Legal custody is when a mom and dad can make significant choices about the child's life. Joint legal custody gives both parents the right to make decisions jointly for the child. For instance, moms and dads with joint legal custody need to make joint decisions concerning the child's health, education and religion. Both parents normally have equivalent access to the child's academic and health records. Joint legal custody does not impact child support.

Physical Custody

Physical custody refer to with whom the child will live. If one mom and dad has full physical custody, the other moms and dad might have visitation benefits. Visitation might be described as "sensible" or "structured" in lots of jurisdictions. Sensible visitation implies that there is not an established schedule for visitation. Rather, it undergoes the contract of the moms and dads. Structured visitation occurs on a regular schedule, such as particular vacations, weekends and summertime visitations. Joint physical custody also includes a schedule of when the child will be with each mom and dad. The child generally lives with both parents at various periods. While some moms and dads might have joint custody, they might not have the child the specific same amount of time as the other parent. In some cases, moms and dads have both joint legal and physical custody. In others, they may just have joint legal custody.

Joint Custody Child Support Calculator

Child support is a series of regular payments that a mom and dad pays in order to economically support and care for his or her child. In cases where one parent has full custody of the child, the other moms and dad is usually bought to pay child support to the custodial moms and dad. The amount of child support that is awarded is typically based upon a particular formula that is appointed by a state statute. In joint custody cases, the parent with the greater earnings may be purchased to pay child support to the parent with lower income. The quantity of child support that a celebration should pay depends on the state law where the child support order is released. Utilize a Utah Joint Custody Child Support Calculator here.

Legal Ramifications of Catfishing

What is Catfishing?

Whenever codfish are shipped, they quit moving, their flesh goes soft, so it's not flavorful when it reaches its destination. Due to this, shippers started putting catfish in the container, since it kept the codfish swimming around.

"Catfishing" happens when one person claims to be someone else by using another person's photo or other characteristics in order to mislead the target into getting involved in a connection with that person. In most situations, the person pretending to be another individual utilizes social media profiles with the other person's images and various other information. The relationship could be extended via telephone calls, social media contact and many other non-physical kinds of interaction to prevent the victim from learning that the individual who is contacting him or her is not the same as the person the individual is depicting.

The term comes from a 2010 documentary about New Yorker Nev Schulman uncovering a woman named Megan that he met online. Despite the fact that they talked on the phone, texted, and swapped many messages, when he met her face to face, she ended up being a totally different person compared to how she had presented herself over the internet. She had actually gone so far as to invent a system of social media accounts to sustain the fake character, including a fictional sister, parents, and friends.

MTV turned the film into a television series in which Schulman assists people in figuring out if they too are being scammed by people who they have met online. It's worth noting that when he coined the term "catfish," Schulman didn't necessarily suggest it derogatorily; it was a reference to that previously mentioned fact that they are added to tanks to keep other fish moving. "Catfish keep us on our toes," Schulman said. "Life without them would be less interesting."

Indicators of Being Catfished

Some dead giveaways of catfishing may include the following:

• People that are excessively reluctant about sending photos of themselves. Being careful is always a good thing yet at a certain point, this behavior should raise skepticism.
• Someone has sent pictures yet claims to not have a webcam. It's very easy to download photos of anonymous people on the internet. If the other person makes excessive excuses why they can not video chat with you, this can be an indicator that they might be lying to you.
• People who have a brand new Facebook account with merely a few people labeled as friends.

While none of these particular behaviors are guarantees the person is catfishing, they should still be looked at skeptically. This is especially true if two or more are present. When you interact online, just recognize warning signs that you could encounter. You can never be too safe on the web.

What to Do if You Suspect You’ve Been Catfished

Because this terminology and series of events are new to the country, there are not specified laws that specifically account for catfishing. Nevertheless, existing state or government laws might provide a grounds when it comes to recovery. Possible legal theories that catfishing may implicate may include fraudulence, willful infliction of mental distress, misappropriation of likeness, defamation, stalking, and harassment. Since every case is different, and depends on state laws which might call for a showing of different elements, an injured party might wish to discuss his or her case and circumstances with a legal professional.

The offices of Schmidt & Gladstone have over 18 years of experience in numerous areas of the law. Contact us today for a free 30-minute consultation to see if we can help.

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