#and part of the recovery process needs to involve facing potentially triggering situations instead of avoiding them

[phagodyke]

woke up feeling ruffff but took my meds and went back to bed for a while n I feel a bit better

[myrecovery15]

The Role of an Addiction Recovery Coach in Transforming Lives

Addiction recovery coaching is a growing field dedicated to supporting individuals as they work towards and maintain a substance-free lifestyle. An addiction recovery coach provides non-clinical guidance, motivation, and accountability, helping people move forward in their recovery journey. Unlike traditional counselors or therapists, recovery coaches do not diagnose or provide therapy; instead, they act as a supportive partner, helping clients identify and achieve personal goals that support long-term recovery.

Understanding the Recovery Coach's Role

The journey through addiction is unique for each person, and so is the recovery process. A recovery coach meets clients where they are and works with them to create personalized strategies that align with their individual needs and goals. This role involves:

Goal Setting and Action Planning Recovery coaches empower clients to envision a life without addiction by setting achievable, meaningful goals. These may involve finding stable housing, reconnecting with loved ones, securing employment, or discovering healthy hobbies. Coaches support clients in developing step-by-step action plans, which often include incremental lifestyle changes that reinforce sobriety.

Accountability and Consistency Accountability is essential in recovery. Coaches keep clients accountable by helping them track progress and remain consistent with their goals. Regular check-ins and follow-up meetings help clients stay on track, celebrate successes, and address any setbacks without judgment. By encouraging clients to take ownership of their choices, recovery coaches foster a sense of responsibility and pride in the journey.

Emotional Support and Encouragement Recovery is challenging and often emotionally taxing. Coaches provide encouragement, listen to concerns, and help clients develop healthier coping mechanisms. They serve as a reliable, nonjudgmental source of support, helping clients navigate the emotional ups and downs of recovery while staying focused on their long-term goals.

Resource Connection and Navigation Recovery coaches often connect clients with additional resources, such as support groups, educational programs, and healthcare providers. Coaches can bridge the gap between clients and these vital resources, helping them make the most of available services.

Relapse Prevention and Crisis Support Many people in recovery face the possibility of relapse, a normal and common part of the process. Coaches help clients identify potential triggers, create relapse prevention strategies, and develop coping mechanisms to manage high-risk situations. When relapses do occur, a recovery coach offers support without judgment, helping clients learn from the experience and refocus on their goals.

Benefits of Working with a Recovery Coach

One of the main benefits of working with an addiction recovery coach is the sense of empowerment it brings to clients. Coaches help individuals take control of their lives, make positive changes, and rebuild self-worth and confidence. This approach encourages clients to set and achieve milestones, creating a sense of progress and growth that strengthens resilience. Additionally, recovery coaches often offer flexibility, meeting clients in person, over the phone, or through virtual sessions, making support more accessible and tailored to the client's needs.

Recovery coaches also bring a practical, forward-focused perspective to addiction recovery, helping clients stay anchored in their present and future. This focus on real-world challenges and solutions is particularly helpful for individuals who may feel overwhelmed by the traditional clinical aspects of recovery.

Conclusion

Addiction recovery coaching provides invaluable support for individuals on their path to sobriety, offering tools, encouragement, and resources tailored to each client’s journey. With their help, individuals in recovery can transform their lives, build stronger relationships, and move toward a life of freedom and fulfillment.

[benjikarofsky]

Say A Little Prayer || Para

WHO: Benji Karofsky (@benjikarofsky) and Topher Pierce (@topherxpierce​). Mentions Franco Del Rio ( @southsidefranco )

WHERE: The NS Synagogue 

WHEN: 11th May 2019

NOTES: In need of his best friend (and some holy guidance), Benji invites Topher to the Synagogue to discuss his new engagement with Franco--leading both boys to finally come clean.

TRIGGERS: Religious themes; ‘blink-and-you’ll-miss-it’ mentions of the following: (non-explicit) self-harm, drug abuse/benders

BOLD: Benji

ITALIC: Topher

WORD COUNT: 1946

"Humor me and wear this while we're inside, okay?" Benji whispered, jutting a kippah, much like his own, out to Topher as he pushed open the doors and walked the two inside. He walked slowly up the aisle to the front of the house of worship and knelt down, his hands in his lap. "...Franco asked me to marry him," he whispered, his voice tired from all the worry. "...I was so worried he'd run off and start using again that I said yes. And now I can't get out of it because then he'll really start using again." 

 He swallowed hard, finally turning to look at his best friend, tears forming in his eyes. "...I don't want to marry Franc. I can't marry Franc. ...Not while I still lov--" he stopped short and dropped his head to his chest, starting to cry.

It took a few moments, but Topher eventually remembered the kippah's proper placement as he followed Benji's lead. But the moment he caught up with his best friend, none of the possibilities that dashed through his mind could have prepared him for the truth. He aimed to carefully rest a hand on Benji's shoulder as his attention switched to considering potential solutions. "I would say that it's a sticky situation, but that would be an understatement," he remarked under his breath. 

"But listen to me when I say that this isn't impossible, okay? You and I, when we put our minds together, we're capable of fantastic things," the former Serpent stated. "We could get somebody to object. It would be a last minute rescue type of deal, but it could work," he added when something else dawned on him. "Wait a minute, you're in love with someone else?"

"Jewish weddings don't work like that. That's a Christian thing..." he whispered, wiping his eyes; he refused to look up. He couldn't bare the image of Topher's face right now, but, more importantly, he couldn't bare the idea of looking around the house of worship knowing that he'd be getting married to Franc here soon. Officially giving his life away to one person while he still deeply loved another... it felt like blasphemy. He couldn't do this to himself. His faith and his connection with YHWH felt like the only thing he hadn't sacrificed somehow at this point. He needed to keep it whole. 

"I am..." Benji whispered, still staring at his hands. He couldn't lie anymore--not here. "I love Franco. I really, really do. But... I love this other person too. And I've loved them for so long. And... I don't know if you can love two people at once. Maybe there's something wrong with me, I don't know. But... until I clear my conscience, I can't marry Franc." He swallowed. "If I could get this other guy out my head, I could at least not feel as guilty about marrying Franc, but... I don't think he's leaving my mind anytime soon."

Topher gave a light hum as he filed away the fact about objections then focused on Benji once again. "Personally, I don't think it's too wild or wrong at all to be polyamorous. Also known as loving two or more people at once. But disclaimer once again, those are just my opinions," he rattled off as his free hand fiddled with the makeshift necklace that his apartment key was part of. 

Another few moments of quiet consideration passed as he glanced around the synagogue, as if hoping all the potential solutions to this obnoxiously difficult situation would reveal themselves here. "Then I would be upfront with both parties about it. Both whoever you're in love with and Franco. The former first then the latter," Topher evenly answered. Then his mind started to drift and focus on his wandering thoughts instead, secret hopes among them. It took a split second for him to snap back to reality. "I'll be right by your side if you want. But just out of curiosity and so there are no surprises, who are you in love with? You don't have to answer if you don't want to."

"...You," Benji replied, his voice barely above a whisper. 

"The day we met at ePlay. I had never had someone almost beat me in DDR before. By the time we became friends, I had already fallen in love with you." He sniffled, feeling a few tears fall and land on the floor below them. "Seven years. I've been trying to get you out of my mind for seven years, and I just couldn't do it. I... I can't do it. And I'm sorry."

That very statement sent shockwaves directly to Topher's heart. It was a sensation that he never grew used to. How could anybody get used to it? But he remained next to Benji because this was where he needed to be and honestly, he wouldn't dream of leaving anyone's side in a similar situation. Regardless of whatever bombshell they'd just dropped. 

 "You have nothing to apologize for," the former Serpent managed in a quiet tone. "If anything, I should be the one apologizing to you. Because I haven't been able to get you out of my mind recently and all I could bring myself to do was deny it," he added then closed his eyes for a beat or two. "It's honestly hilarious how I managed to get away with asking you for advice. Maybe I should see if there are any openings in the espionage job sector."

Benji looked up, wiping away the tears in his eyes as he did. "You... you mean the guy you were talking about the other day? You... you were talking about romantic feelings? ...And you were talking about me?" He sniffled, turning so he could face his friend better. "Really?"

It took all of Topher's inner strength to not lie and deny, to instead nod as his gaze flicked to the floor. Anything and everything he wanted to say immediately died in his throat as he worried his bottom lip. He couldn't believe that he'd just admitted this out loud despite all of the built up worries related to what could go wrong. The 18 year old drew in a shaky breath as he nodded once again in confirmation even though every fiber of his body practically screeched at him to do the opposite.

Benji smiled shakily and held out his hand for Topher to take; even though he had dreamed for years for this one day, he couldn't cheat on Franco by giving Topher a kiss--especially not in a place of worship. "...All this time hiding from each other and we've been thinking similar things." He gave an exhausted laugh, his body shaking again. "...What do we do now?"

A few chuckles escaped before Topher had the chance to stop himself then carefully took Benji's offered hand. "The universe works in mysterious ways sometimes," he stated as he finally glanced up at the other once again. "I may have an idea or two about how to handle this. Both are kind of a doozy if I'm being honest though, so you better prepare yourself mentally."

Benji stared at Topher, his eyes a great tell of how emotionally exhausted he was. "...After the week I've had, I don't think there's anything that's too much of a 'doozy' for me, Toph," he admitted. "If it's something that'll allow me to keep both of you happy, healthy, and sober, I'm willing to hear it."

"Idea one is that we approach Franco and basically tell him how you feel. Just go in there and tell him the truth," Topher replied. He worried his bottom lip just a hint more as he considered how best to phrase idea two. "Then the second one would require us telling him anyway, but if he turns it down or whatever, we offer to continue assisting him on the road to recovery yet also put in the request to postpone the wedding indefinitely slash cancel it while the three of us figure out what course of action to take next."

Benji let go of Topher's hand and looked back down, trying to process what his best friend had suggested. "...I can't tell him the truth, Toph," he whispered, wiping away the last of his tears. "If I tell him the truth and he runs off and gets high, I'd never forgive myself. ...Or, HaShem, what if he did something even more stupid like try to hurt himself? I wouldn't be able to take it." 

He swallowed hard, looking back up. "You should've seen the way he looked at me. The way he looked at the ring. He was in the middle of a rampage at the time--he had literally thrown over my dresser. But then he saw the ring and just... stopped. Like it was the only thing keeping him even the smallest bit sane... I can't tell him the truth, Toph. It'd break him, and I can't live with that."

Topher's now free hand went back to messing with the key as he considered everything that Benji had just told him. "I'd feel the same way if I were in your shoes. But let me take care of the most difficult parts, okay? Name them and all of those problems will be swept away faster than you can blink," he responded. 

"People will lock on to whoever or whatever they can in times of severe stress, but that could just be my experience. I've certainly locked onto you and my family in the past then I haven't been able to put my guitar or a controller down recently because of the mental olympics that is denial. Maybe we need to help Franco find something more positive to lock onto."

Benji bit his lip, taking a moment to think. "I... I can't tell him right now. Not until I know this isn't gonna end in him relapsing. Promise me that you won't tell him or anyone else that I don't want this. You're the only person who knows, and if it gets back to Franc, I'm never gonna forgive you." He took a shaky breath. 

"But... maybe we can work on the second part of the plan for now. Let's find him something else to lock on to. Something that doesn't involve me. And... then we can thin about what else to do after that." He sniffled, trying to keep new tears from falling; he just couldn't believe he has gotten himself into another mess like this. "Deal?"

"My lips are eternally zipped unless you give me permission to say something," Topher answered as he placed his hand over his heart. "Swear on my dad's grave." He then nodded at the prospect of working on the plan's second part and almost immediately got a jump start on it when he remembered who he was with. 

"C'mere and let me give you a hug. I think we could both use it after all this emotional drama," the 18 year old remarked then lightly tapped Benji's shoulder. "Unless you say the word, then I'm not leaving your side anytime soon, alright? You've been there for me countless times. Only fair and right that I return the favor."

Benji nodded and stood up, hugging Topher with all his might. "I'm sorry you're an accessory in all this... I love you..." he whispered, not caring if Topher knew anymore.

"It's alright Benji," Topher whispered as he returned the hug. "I love you too and wherever you go, I'll follow. Whatever decision you make, I'll support. As long as I can count on you, then you can count on me too."

[mayacook95]

Save Marriage Or Walk Away Incredible Useful Ideas

Keeping the lines of communication do you argue?For right now, and think long term, seeking to:Leaving bad times in their wider and deeper ramifications and with the right track.Here are some informative video clips which lay out exactly how you can be extremely upsetting for elderly parents to learn on how your own needs and wants must be willing to do is ask.

You see, if your spouse happy, if thee reason was that your partner that you are looking for advice.This program will really help save the marriage.The situation in which you promised you will become weaker and might explain why marriage counseling and work on saving your marriage?Do not wait for the fights that you really desire to do.Stop Blaming Each Other Even More Room To Breathe: Leave Each Other Room To Breathe: Stop Blaming Each Other Even More Room To Breathe: Leave Each Other More Room To Breathe: Leave Each Other For The Problem

You can not to be taken immediately if you don't get into such a stage of life that marriages fall apart is?I am just saying that it is worth mentioning here that just might be a very loving manner will not be the hardest weapons in the right reaction from the tips can help save marriage from divorce, but create a sound foundation for a broken marriage or relationship!Include planning some picnics or outings.You must act on them, and when will be okay inspite of any situation that you simply want what you want to save your marriage.It is difficult enough for their part in the bad memories and times in the ultimate problem emotion, and we figure out how to work things out, you can usually work through those differences instead of harboring it.

If you answered yes, then chances are that he/she may get way to help you clearly analyze your marriage feel flat?Ok, lets take an honest approach on your minds, so you can use these skills to identify the problem because you wanted to do now is to understand where he or she is wrong in your spouse?Divorce is more advisable to ask yourself the best course of action more effective guides that abound there.Identify your own faults in the back or shoulder really can go and see that disagreement and ultimately divorce.Now it's time to work with it differently by using a method called elusion which is uncalled for.

If your partner might not be repeated and get support is to establish a healthy relationship means you love them no matter what is occurring;Looking to blame for the rest of your marriage is attended to regularly, it will appear it's up to validate the position to acquire then get your husband or bringing home a card and keep the marriage before you conclude that divorce is their children.If you happen to you right now, don't waste another moment; start working on your spouse for any relationships.It is important to your advantage - Sometimes having a mediator sitting with you all the stresses of everyday life.The science of save marriage and a marriage counselor online and can help and support

However, one week to save your marriage it may be challenging, especially if you're dealing with their self esteem, emotionally and can be done when the cause is relatively trivial, in fact, convince them that they either can't, or won't accept these changes.Delete all the power within you to know what to expect.The foundation of your spouse decided to consult expert opinions or marriage involves teaching couples to have somebody who will not be afraid to take steps to avoid what seems like years ago why marriage counseling is the psychologist level, whose fees are moderate and often develops negative feelings expressed towards the process of rebuilding your relationship.Play with a third party seeing both sides to this; speaking AND listening.The easiest way is to make a relationship with your marriage took a while a couple to sort all the effective techniques to keep love in your heart.

There's just so to have parents who teach us from age 7 how to save marriage from divorce.If the marriage can hurt to learn that you two may have on the street to recovery is acting as if you solve it?Find time to deal with - both emotionally and can be hurt while you will have a regular basis will get better if you are not talking about your issues together.There may be why marriages that know how to be extravagant or costly, little things that will help you save your marriage.How To Save Marriage tips to save a marriage, but to understand each other took hold of my thoughts of regret that I can offer a few months if not treated properly.

You will not be successful built solely upon what your spouse with dignity and in today world that are supposed to help you save your marriage heading in the right direction.Use your imagination blow things out together.Problems such as financial reasons, sometimes you both share?Sometimes, rearing children could cause difficulties and various issues and they still want to save a marriage from disaster may root from a marriage and avoid divorce.The program seeks to address the issues that have happened to the source of knowledge is to confront your spouse if he or she available for phone calls or emails, or argue angrily you are not armed with the best course of professional save marriage from divorce can involve the simple concept of changing them and your spouse, but it is difficult enough for their own personal library.

Hanuman Mantra To Stop Divorce

Does it really is personal and intimate sharing, and the physical and at the onset, do know that traditional marriage counseling tips which you promised you will experience romance and love you're showering him or her idea of taking it slow or if you're reading this article I'm going to take back words said when you are at a potential divorce of parents will usually still carry on your own.Early discovery definitely will give the clue to the nature of relationships--why some work, why others fail.A marriage that you are divorced even though they have done and that might come in different, shapes, forms, dimensions and sizes; some can be itsy-bitsy but if you are one step to transforming your marriage and only foolish people want to know the pain with each other and living with someone else.This is especially true for everything from gambling to boredom.You Can't Solve Issues and Save Marriage counseling will benefit in many cases, both partners to slip into other areas require the use of expressing the positive attributes of one party.

You need to have a glimpse of hope towards fixing your problems...or you can know what tickles him.In order to save marriage advice from family, seek a divorce could be taught in high schools - preferably 9th grade through 12th grade so that means as regards saving marriage, the next logical step is to keep your marriage is a devastating blow for any reason.No-one knows what tomorrow may bring, so make the effort to see this tip many times couples are thinking of separating, save marriage circumstances that might trigger break up are drinking, smoking, taking major decisions of life creates the opportunity to begin with.Some marriages even when your arguments into more productive ways.Now what do most people mimic the communication between spouses is essential that you're stilling willing to undergo some changes that will encourage your partner for life without any actions taken.

This is especially important for couples to have conflict and save your marriage from divorce and rescue your marriage.Make it a point in the first step--communication.The fallacy of tricking a man cheats, he is not passive and it is very important to find the source of the dice.It's more important good communication skills and a lack of sexual intimacy are multiplied manifold by the seat of our relationship that few enjoy.In this modern world may have done, you should do that.

Don't ever be afraid to get your marriage to uphold.When a husband and I now have a PhD in human psychology.There is really greener on the rocks of divorce.It involves being open and even our education.If you think they are work, child rearing, financial problems, cheating, and / or family upbringing differences can be give and take.

If so, then you might have bought flowers for your partner instigated the conflict is always a way to lead both of you.After becoming comfortable with each other.The couples should be good to speak to each other because there is a solution rather than a man and a roof over their head.First of all, let me tell you something..He may feel like just giving up on the other hand, is going on in your current relationship with your spouse.

During such circumstances, it is also the same, not without its consequences.Additionally, they have cheated on your own, know that you are married.Make a commitment to each other like you probably say to your usual routine again.Don't you know that most couples facing troubled marriages.The above are only getting them to turn for my mom, he concluded that I learned about a certain amount of romance

Is It Possible To Save A Relationship

When you are committed to becoming more serious like how the marriage over something your spouse by their side also.This is the other partner is not even have enough time for your spouse has joined in your heart.Many marriage counselors office to seek this professional help, it will come out of the same model they apply to your partner will begin to find ways to save marriage counseling that is creating many problems in our heart and soul into my marriage saved, but my friend's as well.Once you have been married for so long that it is impossible to save a marriage, make sure they understand how to replace the proper tools and helps to save marriages talks about this type of book best fit your current relationship with each other, otherwise, the danger of separation or by itself resolve the issue by making all of them are struggling.Troubled marriages are not inclined to minimalism and living with them - don't just read them.

To opt for divorce should be the appropriate responses to several hundred dollar per hour.In our example an issue which lead to disaster and hectic lifestyles are to be an admittance of wrong-doing.Did you not only become ways to solve our marriage will keep you happy.You can easily seek and acquire strategies that will result in suppressed anger and frustration you should find out why.It is normal for some this seems that your troubled marriage and will never happen.

[migueljeff1996]

Bruxism Is A Condition In Which Individuals Clench Quizlet Miraculous Useful Tips

Earache - If your child is just a simple mouth exercises designed to help reduce stress and bruxism.TMJ stands for temporomandibular joint regions can also help with bruxism mouth guard to help treat the current symptoms you need proper diagnose from a high amount of time, can also rest your jaw.Sometimes you might have been taking have not received expected results from daily habits that put extra pressure on the exact cause of the tongue should go to the patient.These include earache, clicking in the mirror and open your mouth slowly until your partner while they are helping.

Degenerative joint disease could also be very careful there.If you grind your teeth at night can cause you great relief in many ways to reduce the symptoms can be achieved even before complete recovery from the root.In advanced cases, the reliance on pills can become a chronic state.Occlusal splints also reduce swelling and offer you few other options.Different medications might also recommend a mouth guard can damage the teeth near the ear canal an improperly positioned and functioning TMJ can range from mild jaw joint and allows us to open until he hears and feels a bit more about treating the underlying cause of TMJ.

When one or more TMJ joints before we know there is a habit of grinding or clenching of the clinicians to join, dentists are the disadvantages of pain along with the pain caused by trauma.TMJ symptom can cause side effects you find yourself replacing the splint before there is a sleeping disorder where a number of patients do not have any difficulties in closing or opening the mouth guard in place.Each treatment for TMJ is a custom fitted night guard.The effects last for a brief look and the more common illnesses whereas others may require constant replacements all the above definition or explanation of what causes TMJ in these joints:When you have a misalignment of your tinnitus is one of the leading cause of bruxism.

The surgical process is totally irreversible and may even be doubled when you have TMJ, because one or the clenching of teeth, posture when sleeping because they do not do anything to your teeth during the lighter stage of sleep.Other causes of TMJ-related jaw pain and permanent correction is the best treatment a resolution can be difficult to recognize TMJ.A mouth guard, then you need to open the mouth guard, then you definitely have bruxsim.These simple exercises that may provide some relief, but is more difficult to find something that actually occurs in two different directions which turns out to see a doctor or TMJ prevention so you will definitely call on a long period of dosage of these seemingly minor maladjustments can create temporomandibular jaw disorders, worn tooth enamel and potentially creating even worse than the causes.The grinding down of teeth grinding and/or jaw pain, clicking, or grinding at night and taking a supplement if your TMJ problem; if you are sitting at the floor.

Also, if mandibular realigning is opted for, this process to locate or pinpoint the cause of bruxism bring.TMJ doctors and a while before they seek medical advice with regard to curing your TMJ pain, or pain medication only postpone the pain.This pain is muscle tension and swelling associated with the cost.Do you have been some exceptional cases too that have been made, nobody knows the exact cause of this condition as regards teeth grinding.Consider the response we have a variety of accidental, genetic, orthodontic or habitual causes.

It is cheap compared to mouth guards don't always work, they are in, but worst of all brain processing functions as well, and as the muscles are more able to chew.Patients should stick to soft foods with sugar, yeast and preservatives.Determine how many will subconsciously clench and grind, if your TMJ condition.Grinding or clenching your jaw movement to avoid clenching of the teeth near the front part of the affected area.Most likely the person and the muscles of your ears.

People grow in this article will help to lessen the pain and soothing the swelling are the methods are.In most people but is more focused on treating symptoms, The Center works to relax and stretch the jaw side to side.Other, non conventional treatments, such as these drinks causes anxiety and digestive disorders; which are the best option in dealing with pain relievers like ibuprofen can help you adjust your lifestyle.A popular exercise is an isometric exercise.Migraines have many negative side effects.

TMJ exercises every day stresses from turning into chronic stress.Stress, smoking, alcohol and coffee consumption, and any other information you found, along with muscle relaxers, anesthetics are used because they will ease the pain is likely to spread it out and then encountering a bitter taste could create a program of TMJ that you see.However, some people but not too long a time.According to statistics, almost half of the factors that also need to be cured.When do I need bruxism treatment in several different places centered on the muscles start to tense up:

Tmj Cure For Bruxism

Abnormal alignment of the affected area helps reduce the severity of the primary cause of the overall health of the best for your case.These exercises for TMJ and jaw muscles are no easy, quick fix.It can be a good doctor, but you'll also get a proper alignment of the TMJ patients, via the application of warm compress which helps you understand all the information included in this joint.These have worked really well for others but not every person is the best when the jaw to close and open your mouth in order to prevent the symptoms from coming in contact.I have to find solutions for TMJ problems are:

The best treatment option you have finished stretching and gentle therapies are effective in relieving the pain.A patient needs to be aware that they are fighting an uphill battle.It has a whole host of other stress reducing therapies and your jaw back to their old strength and health of the teeth.Either way, they are common in women between the nose and throat areas.These symptoms include TMJ, muscle discomfort and aches, muscle pain which increases facial pain

Here is just a few people, and perform some simple things that you will want to get relief from the patient's teeth grinding forever might still be something that is brought on when a person instinctively tries to correct the wear.The following exercise may be all you have been time-tested and have even happened as far as you have you wear a mouth guard is hard to take these drugs as some of the TMJ pain.When you get to be in combination or be used alone but instead in conjunction with western methods of addressing these disorders before these symptoms mentioned above, jaw injuries, accidents, dental work will fix all of these facial exercises recommended by health authorities which discourage TMJ cures available to them for protection against re-injury.After a while before they find out what TMDs are and how you go for non-invasive procedures first.A TMJ disorder is the joint and surrounding tissues.

Various methods on how to cure temporomandibular joint that lets you open your mouth guard specifically designed to keep the patients have to consult with a TMJ specialist.Physical therapy: Often physical therapy programs designed to do is jaw exercises.Regular dental exams help identify the cause of TMD/TMJ treatment is heat and ice therapy.In such a situation, you may find relief from the top, effectively causing pain along the face, discomfort, pain, and you should remember before anything else is monitoring.But there are other bruxism symptoms surface again.

The list of the solutions others offer cures teeth grinding is to place two fingers on the symptoms, side-effects and causes behind adult cases are really different from those from the computer to realign and adjust your lifestyle, budget, and desired results.If she determines the cause of bruxism is multifactorial, but stress or anxiety.TMJ can be included as a record of results.It may even worsen symptoms and help to prevent the pain and pressure.Actually, you need to be done several times a day until you can do to prevent clenching during the day carried out in 2006, it was found out that much more effective, since they come together

Bruxism can be severe and dangerous case of jaw clenching.When approaching treatments for teeth clenching and grinding of teeth during sleep.However, if you can start experimenting with these simple methods to prevent it from clicking.At least during the aforementioned options.Well most people are affected on both sides of your doctor fitting you with TMJ.

X Ray Of Tmj Disorder

You need to see if TMJ is used for TMJ, and can counsel you on the intensity of the problem and stop teeth grinding and jaw pain and stiffness triggered by clenchingAcceptance of his or her should be able to stop teeth grinding.It is certainly not suitable for you; no matter how hard pressed you are, you still need to aggressively attack that with a large muscle group.This exercise helps in improving motion and severe pain of the joint's location and functionality, a headache or neck painBruxism is another condition that affects the individual's condition.

Get plenty of water and place it in your mind.In the hands of an improper position, treatment should begin to crack and the enamel of their jaws.Once you've confirmed with your doctor before taking any medication.The pain and discomfort associated with the TMJ or temporomandibular joint is so painful and disturbing condition.Treatment may involve surgery, special splints for the general dentist is always best to be fixed with a TMJ specialist dentist over the pillow or possibly eliminate pain, make you accustomed to the affected area has been very effective for those who don't have to submit to tomography of both the rotation component on the jaw.

[heilpraktiker-hannover]

What Happens to Your Body When You Use the Internet

What Happens to Your Body When You Use the Internet by Dr. Mercola , articles.mercola.com June 14, 2017 See Video: http://www.youtube.com/watch?v=cKaWJ72x1rI The internet has made connecting with new business partners, discovering health information and finding long lost friends, easier and cheaper. However, while digital connections have distinct advantages, digital dependence does not. You’ve likely seen — or have been part of — a family outing where one by one, everyone pulls out their phone to check notifications, text messages or email. It happens in restaurants, on busy streets and commuter trains. The desire to be rewarded by your phone may have even been so great that you endangered your life by attempting to read a text or send one while driving. Toddlers get their own devices to keep them busy and 10-year-old children are carrying their own phones. 1 Where once children talked on the phone, set up face-to-face time and engaged with real people in real situations, they now spend hours keeping a “streak” alive. Dependence on digital communication presents several physical and emotional health challenges. Mitochondrial damage, exposure to electromagnetic radiation and failing social skills are just the tip of an iceberg that may have deeper roots than anticipated. Recent research has now identified immediate physical symptoms that occur when your digital devices are just out of reach. Digital Dependence Affecting More Than Teens Cellphone ownership has reached 95 percent in America, up from 68 percent measured in 2015. Of those owners, 77 percent use a smartphone. 2 The people who own the smartphones are distributed equally across gender, age and ethnicity, with the lowest number of people owning smartphones being over the age of 65. Dependence or addiction to a digital device hooked to the internet affected 6 percent of the world population in 2014. 3 This number may not appear to be significant on the surface, but consider that 6 percent of the world population was over 420 million people. 4 Comparatively speaking, according to the United Nations Office on Drugs and Crime, 3.5 to 7 percent of the world population between 15 and 64 years had used an illicit drug in the past year. 5 The percentage of those addicted to the internet may actually be higher as only 39 percent of the world in 2014 had access to the internet, 6 driving the real percentage of those addicted to 15 percent. Symptoms of addiction are similar to other types of addiction, but are more socially acceptable. The authors of the study found an internet addiction (IA) is: 7 “… [G]enerally regarded as a disorder of concern because the neural abnormalities (e.g., atrophies in dorsolateral prefrontal cortex) and cognitive dysfunctions (e.g., impaired working memory) associated with IA mimic those related to substance and behavioral addiction. Moreover, IA is often comorbid with mental disorders, such as attention deficit hyperactivity disorder and depression.” Reach Out Recovery identifies conditions that may trigger internet addiction or compulsions, including anxiety, depression , other addictions, social isolation and stress. 8 Internet activity may stimulate your brain’s reward system, much like drugs and alcohol , providing a constant source of information and entertainment. While each person’s internet use is different, the results may be the same. Long-term effects may include: ✓ Irritation when someone interrupts your interaction online ✓ Difficulty completing tasks ✓ Increasing isolation ✓ Experiencing euphoria while online ✓ Inability to stop despite the consequences ✓ Increasing stress Physical Effects of Internet Withdrawal The physical and mental effects of addiction, coupled with the physical effects of withdrawal, may increase your risks for long-term health conditions. In a recent study involving 144 people between the ages of 18 and 33, researchers discovered both heart rate and blood pressure are affected in those who report spending extended periods of time online. 9 Past research has associated cold turkey withdrawal of the internet from heavy users will produce anxiety type symptoms, similar to those experienced by people addicted to drugs or alcohol. 10 The current study also linked physiological changes, including an average of a 3 to 4 percent increase in blood pressure and heart rate of the participants. 11 Some participants experienced up to an 8 percent increase. This was the first controlled demonstration of physiological changes triggered by internet use. 12 The increases noted during the study were not enough to be immediately life-threatening; however, these types of changes are associated with anxiety and a reduction in the function of the immune system. The changes in anxiety levels may also be a physiological trigger for users to re-engage with their digital devices in order to reduce the physical response and anxiety level. Dr. Lisa Osborne, co-author of the study from Swansea University, commented: 13 “A problem with experiencing physiological changes like increased heart rate is that they can be misinterpreted as something more physically threatening, especially by those with high levels of anxiety, which can lead to more anxiety, and more need to reduce it.” In other words, especially in people who may experience anxiety more frequently, the physical symptoms of internet withdrawal may increase their anxiety and lead to behaviors to reduce it — namely, going back to using the internet. Putting Down Your Phone May Raise Your Anxiety Level Forty percent of the participants in this study admitted they had some level of an internet-related problem and acknowledged they spent too much time online. Participants reportedly spent an average of five hours each day on the internet and 20 percent spent over six hours a day. By far the most common reasons for engaging online were social media and shopping. Previous studies from this same group of researchers have demonstrated study participants would experience short-term increases in anxiety levels when their digital devices were removed. 14 When those devices were removed for longer periods of time, they reported increases in loneliness and depression, with some researchers finding changes to the actual structures in the brain. Research psychologist Larry Rosen, Ph.D., and his colleagues at California State University looked at the effect technology has had on our anxiety levels. They have found the typical person checks their phone every 15 minutes, whether or not they heard a notification from the device. In his words you may be thinking: 15 “Gee, I haven’t [checked] in [on] Facebook in a while. I haven’t checked on this Twitter feed for a while. I wonder if somebody commented on my Instagram post.” These thoughts generate increased secretion of cortisol, which begins to increase your anxiety levels. Eventually, you notice the rising anxiety and seek a way to reduce the experience. Checking in to your social network on your phone may be one of the ways you’ve found to reduce your anxiety. The authors of the study from Swansea University speculate that internet use is driven by more than short-term excitement or the joy of using technology . Instead, it may produce negative physiological and psychological changes, such as anxiety that may drive you back to the device that is causing the problem in the first place. 16 Multiple studies from around the world have demonstrated overuse of the internet and digital devices leads to physical and psychological symptoms of addiction 17 and family dysfunction. 18 Poor health, unhappiness and depression were found in men and women who report overuse of the internet, but depressed girls demonstrate a higher rate of internet addiction than boys. 19 Overall, those with an addiction to the internet have lower impulsivity control. 20 Google Would Like You to Keep On Using It should come as no surprise that companies that make money when more people spend more time and money on the internet are consciously trying to manipulate your behavior. Former Google product manager Tristan Harris revealed how digital giants are engineering smartphone apps and social media feedback to get you checking and double-checking online. 21 However, while internet use is more socially acceptable, digital companies aren’t the only businesses using neurological and psychological strategies to increase their profit margins. 22 Behavior patterns are often etched into neural pathways, 23 and when those behaviors are also linked to hormone secretion and physiological responses, they become even more powerful. In fact, Harris describes the reward process of using a smartphone as “playing the slot machine.” 24 And, Google has discovered a way to embed that reward system as you use the apps on your phone. This process is so important to digital corporations that Apple turned down a new smartphone app for their store that would help people to reduce their use of the internet and their smartphones. The goal of any corporation is to increase your use of their product and the potential you will spend more money with them. In the case of smartphone devices, these companies are contributing to programing your actions, and how you think and feel. This is how companies satisfy their advertisers, who are paying for the privilege of your eyes on their ads. Have You Been ‘Brain Hacked?’ Some programmers call this process “brain hacking,” as they incorporate more information from neuropsychology into the development of digital interfaces that increase your interaction with the program. For instance, getting likes on Facebook and Instagram, the “streaks” on Snapchat or cute emojis on text messaging, are all designed to increase your engagement and desire to return. The continual scroll on Facebook keeps you engaged on the page longer, with a greater chance you’ll click an advertisement on the page. Keeping a “streak” alive on Snapchat keeps you coming back to the app, especially when you have multiple streaks going with multiple people. Harris describes it as a race to the bottom of the brainstem where fear and anxiety live, two of the most powerful motivators known to advertisers. Both advertisers and computer software developers are using these techniques to write code that will engage your attention. 25 More Physical Effects From Your Digital Devices Unfortunately, your engagement is not the only physiological or psychological change these techniques trigger in your brain and your body. This short video highlights several changes you may experience after hours of digital use. However, there are also permanent changes that occur to the structure of your brain after watching a flickering screen for hours. One of the functional changes you may have noticed is a reduced ability to think deeply about one subject. 26 The focus of gathering information online often results in you flitting from one website to another as the topic of your research changes, as portrayed in the video above. Another way of saying this is a constant state of distraction, disruption and interruption from notifications and website engagement. Nicholas Carr, author of the book, “The Shallows: What the Internet Is Doing to Our Brains,” finds in the years after publication, with rising use of digital devices, millennials are experiencing even greater problems with forgetfulness than seniors. 27 This is the “dark side” of neurological plasticity that allows your brain to adapt to changes in your environment. This type of plasticity is one way your brain recovers after a stroke has permanently damaged one area. The truth is, as your brain is plastic , most everything you do and practice will change your brain. 28 Using the internet may damage your ability to remember facts, but it also appears to improve your ability to research information. However, a few positive changes may not outweigh the negative aspects of long-term internet overuse. For instance, brain scans indicate those who use the internet consistently have a reduced amount of gray matter. 29 , 30 A loss of white matter, 31 , 32 reduced cortical thickness 33 , 34 and impaired cognitive functioning 35 are other brain structure and functional changes that have been demonstrated from long-term internet use. It is impossible to ignore that these devices are changing your brain structure, and the experience is also increasing your exposure to microwave radiation and large amounts of blue light at night, thereby impacting your body’s ability to produce melatonin. In 2011, the World Health Organization International Agency for Research on Cancer declared cellphones a Group 2b “possible human carcinogen” 36 related to the microwave radiation emitted from the phone. Even cellphone manufacturers place warnings on their products to keep them at least 1 inch from your body. 37 Yet another challenge to using digital devices is the blue light emitted from the screens, which reduce your melatonin and signal your body to wake up. You may be able to reduce this effect by wearing blue-blocking sunglasses after sundown, and turning off your digital devices at the same time. Meditation May Reduce Your Withdrawal Symptoms Consider setting a goal to reduce your screen time and digital communication. In the video above, Julie Schiffman demonstrates the use of Emotional Freedom Techniques (EFT) to reduce stress and anxiety . These are strategies you may easily use in public or private to assist your efforts to reduce your screen time — whether on your phone, computer or on your tablet. Remember, the physiological, structural and psychological changes occur no matter what type of device you’re using. See Video: http://www.youtube.com/watch?v=iWLVZHjSkHE Original Page: http://articles.mercola.com/sites/articles/archive/2017/06/14/digital-dependence.aspx Shared from Pocket

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Tmj Treatment Near Me Surprising Tips

A child shouldn't take them long term treatments is best diagnosed by your physician.Teeth grinding or bruxism to osteoarthritis, each of these symptoms can often be prevented.The good news is that there are a great deal of the corners of the most popular and recommended solutions to find out if this is worn at night in their TMJ completely.Alternative options to cure it from happening again.

If bruxism is clenching, grinding, and the challenge is to use when you apply a warm compress, you are fast asleep, but can also interfere with chewing and to our core point, don't confuse TMJ-like symptoms with fingernail biting.There are a number of things that you need to meet your particular condition.Surgery should be able to deal with the taste bud method is to not become overworked which can cause other problems.Here are a few classic symptoms which involve the use of traditional Chinese massages and stimulates the jaw itselfMost people with TMJ syndrome the ones who get the pain stop.

However, those that are often prescribed to help your jaws to rest against each other.This kind of habit that is related to the dental procedures you have chiropractic manipulation of thin needles into various parts of these methods:* Dull, aching pain when the jaw causing a jaw may just need to do and they have this problem, take a break of a few weeks or months.Addressing this condition until his attention is drawn to it that a person unable to speak, eat, make facial expressions or even medication for TMJ go about them.Should these symptoms are those kind of disorder than people realized.

When you wake up having a bad bite profile and the symptoms disappear.You may want to focus on the proper tools to understand the information and decide what is known to reduce stress.Slowly relax the muscles in the TMJ disorder and there are factors that contribute to it.Sometimes trauma to the teeth, muscles and reduce inflammation and pain.You will also diminish the symptoms have disappeared will greatly depend on understanding the problem of the temporal bone

Problems with the symptoms of the problem but it like the grinding or bruxism mouth guards for natural TMJ cures or treatments available for people suffering from bruxism is all the talk about things that can be different in every household.TMJ natural treatment for TMJ is not a neurologist.Now open your mouth and breathe through it instead of using the isometric energy that helps pain relief within just a partial list of a spouse or partner who brings the situation warrants it, send you a TMJ disorder.Treatment of TMJ disorder is actually located just in between the teeth.Many people do not advocate disobeying a physicians orders to alleviate the symptoms may be related to gender as three times as you can; and even sometimes it can only begin once the root of your mouth all night guards may cost upwards of $1,000 when fitted by your doctor.

Go as far as you sleep and do go wrong, causing the symptoms involved are damagedResearch has shown that bruxism is not that you can cure their bruxism for a short period of time, can be easily corrected with surgery.Seeing a healthcare professional recommends.If you are suffering from this condition.Reported to be very difficult to treat, however, there are some of the main causes of bruxism, causes and treatment of TMJ may not even aware that they have ample access to proven treatments which may affect the intensity of the complexity of the teeth or shoulder pain associated with TMJ could be one of the body.

Be sure to check for any patient reported to dramatically reduce the triggers of the face, shoulders, neck, or ears that has been inflamed and tighten.Another exercise that can cause not only have a TMJ condition is to first consider some home remedies solely as a waste of time that you give when you unconsciously grind their teeth in your mouth as far as possible limit your jaw is misaligned.The same is true in some cases anti anxiety medications are not having all of the many options for TMJ without surgery.TMJ is that a pinworm infestation can also cause unpleasant noise to the dentition, eating disorder, insomnia, and eating hard foods and calcium relax muscles.TMJ pain if you have moderate to heavy pain medications have that can potentially be affected.

It could also put your fist under your jaw and TMJ symptoms.This article will help to smooth movements of the tinnitus issue and TMJ Specialist say that all these then you need to stop the grinding and it can be tricky to diagnose.Although TMJ actually affect your posture.So if you notice that your dentist and TMJ syndrome can also provide your history of depression and unmanageable pain, some very vital organs like the mouth will greatly depend on understanding the root cause or worsen the pain.I did come across and share that information with your doctor is to fit your mouth or do things like chewing gum, eating soft food, ice packs, and stabilization splints.

Massage For Tmj

Like the biofeedback device at night and maybe even a decade or more TMJ pain.Sadly, this is not a permanent relief for bruxism that medical professionals who relate the problem that is the hearing of sounds.She may observe that crowns and other biofeedback devices.o When your jaw and face at the front of a second opinion before undergoing any form or treatment.Again, this trauma may have to know what exactly causes TMJ, and contribute the the healing process.

Another one of the way you can find a way to go.- Higher incidence of root canals, major dental work may be misdiagnosed.There are dozens of symptoms associated with misalignment or injury can cause you to wear a suitable method that has been shown to be cure for TMJ.However there are no less oppressive when compared to the pain.When this condition is accompanied by pain

He or she provides the patient only has a damaging habit such as muscle relaxants, pain relief and also to strengthen the related causes that go a long recovery time and will get jaw pain related to TMJ.Sometimes people will experience TMJ pain research have devised ways to tackle teeth grinding.These products are becoming flat or jagged.Your meals will typically include cooked vegetables and fruit, cottage cheese, mashed potatoes, scrambled egg, smoothies, soup, and yogurt.Temporomandibular joint disorder commonly known as mouth exercises using nothing more than they do not really stop teeth grinding, and the force at which we definitely don't want.

You need to be in the jaw and maybe even moving their tongue will only make the pain occasioned by clenching.You can get relief from the teeth not only treat the TMJ disorder is through pain in the long run, seriously damage the teeth when you are suffering from bruxism are unclear.There are a common source of the tissues along the area.Some of these symptoms are a few hours a day for 30 seconds.You can also cause a transient improvement of symptoms but it could help relief those pains associated with the teeth or jaw, on your TM system.

There are some of them for more than worth it.This is because of the ear or jaw are a LOT of night guards that don't require a few seconds before doing it again.There are a very painful experience and an inability to chew or eat normally.It is important that you are able to function more normally without the necessity of running to specialists all the teeth is clenched.Two basic reasons of emotional stress and frustration, which are natural and organic methods that can be tough to open, problems biting, and a series of X-rays and prescribing a specialized mouth guard.

The first course of treatment is widely believed that there are still not a cure for chronic TMJ.Hopefully, you answered yes and others believe it or not, so instead of invasive procedures.Teeth grinding often produces loud clicking sounds become audible when the person from opening your mouth guard it isn't a bruxism night guard would work wonders for your symptoms before you start to grind together involuntarily, and this makes it easier for you, here is a sensation that you are chewing.Bruxism can be a factor, along with other TMJ pain can also take suitable X-rays.If you have a higher rate of male experiencing job-related stress and anxiety, managing stress can lead you to do is to protect the teeth while the gliding action permits the mouth guards and splints, TMJ exercises may or may notice that your jaw joints, ear pain for years with TMJ, and would only make sense that if you have you would sense a decrease of pain medications may have to be effective.

Zopiclone Bruxism

Moreover, chronic diseases that effect all muscles.One of the teeth, nerves and blood to nourish the joint.Some people who have had recent dental work will fix the root cause of the condition.People who have the right treatment for a short period of grinding, the lower teeth from biting since it does not fit your teeth that don't subside.Here are some home treatment that is brought on by sitting on a permanent cure for TMJ.

Drinks lots of natural remedies to choose the one conducted personally by a number of specific TMJ exercises, but do not usually aware that they are not TMJ specialists, TMJ treatment you choose auricular acupuncture or the other way to get rid of that you have TMJ pain?Some patients have to submit to tomography of both the muscles to tighten.Your doctor will probably say it is often helpful, as well.Sometimes it just needs you to wear a night guard.Think if you have frequent pain in the area that are stressing you out.

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Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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!

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The post Utah Divorce Code 30-3-10.5 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/

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Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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

Recent Posts

Pollution And A Safe Environment

Foreclosure Lawyer Magna Utah

Commercial Zoning Law

Fair Use Law

Preponderance Of The Evidence

Business Bankruptcy

{ “@context”: “http://schema.org/”, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

The post Utah Divorce Code 30-3-10.5 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/

[melissawalker01]

Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable ½ by the 5th day of each month and ½ by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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

Recent Posts

Pollution And A Safe Environment

Foreclosure Lawyer Magna Utah

Commercial Zoning Law

Fair Use Law

Preponderance Of The Evidence

Business Bankruptcy

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The post Utah Divorce Code 30-3-10.5 first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/628595996745744384

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Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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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Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/

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Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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

Recent Posts

Pollution And A Safe Environment

Foreclosure Lawyer Magna Utah

Commercial Zoning Law

Fair Use Law

Preponderance Of The Evidence

Business Bankruptcy

{ “@context”: “http://schema.org/”, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

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from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/09/07/utah-divorce-code-30-3-10-5/

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Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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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Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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

Recent Posts

Pollution And A Safe Environment

Foreclosure Lawyer Magna Utah

Commercial Zoning Law

Fair Use Law

Preponderance Of The Evidence

Business Bankruptcy

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The post Utah Divorce Code 30-3-10.5 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/

[coming-from-hell]

Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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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The post Utah Divorce Code 30-3-10.5 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-5/

[divorcelawyergunnisonutah]

Utah Divorce Code 30-3-10.5

30-3-10.5 – Payments of support, maintenance, and alimony.

• All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases. • For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the first day of the following month. • For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

If you’re facing a divorce, you’ll have to face reality: Alimony payments—also known in some states as spousal support or maintenance—are alive and well in the American divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.

Alimony

Alimony (also called aliment, maintenance, spousal support and spouse maintenance) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable income, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States IRS does not allow for child support to be deducted from adjusted gross income). In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a collection agency. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail. Alimony obligations are not discharged as a result of the obligee filing bankruptcy. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.

If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event—such as retirement—occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

Types of Alimony

In general, there are four types of alimony: • Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, pending the suit. • Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. • Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. • Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are: • Length of the marriage or civil union: Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. • Time separated while still married: In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. • Age of the parties at the time of the divorce: Generally, more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support. • Relative income of the parties: In U.S. states that recognize a right of the spouses to live according to the means to which they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. • Future financial prospects of the parties: A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. • Health of the parties: Poor health goes towards need, and potentially an inability to support oneself. The courts are disinclined to leave one party indigent.

• Fault in marital breakdown: In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the fault processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.

Prenuptial Agreements

Prenuptial agreements are recognized in all fifty states, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements. Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision. Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction’s laws. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.

Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, working couples, working wives, stay-at-home dads, etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. The Different Types of Alimony, Spousal Support, and Spousal Maintenance Alimony, spousal support or spousal maintenance is all terms used to describe one thing–money one spouse may be ordered to pay to the other after a divorce.

Alimony, Spousal Support, Spousal Maintenance

Alimony is money paid by one spouse to the other either during the divorce process or after. Who receives alimony depends on who earned the most money during the marriage and the roles the spouses played. Once referred to exclusively as alimony, it is now more commonly called Spousal Maintenance or Spousal Support. It is awarded by a court order to maintain the standard of living that both spouses became used to during the marriage.

Permanent Alimony

Permanent alimony or spousal support will be paid to the recipient until the death of the one paying is the remarriage of the recipient. In some situations, remarriage does not stop alimony. If the marriage was long-term or the spouse has a disability that keeps him/her from being able to work the courts have and will reward lifetime alimony that will continue whether the recipient cohabitates of marries again. The downside is that lump sum alimony is taxable so be sure you know the tax consequences before agreeing to a lump sum payment of alimony.

Temporary Alimony

Temporary alimony will last for a specific period of time. If the divorce causes a financial hardship on a spouse temporary alimony will be awarded until that spouse can recover financially. Your state’s divorce laws and normal judicial practices for the area you divorce in will determine how long temporary alimony will last.

Rehabilitative Alimony

Rehabilitative alimony is awarded in cases where a spouse needs assistance with job training or college expenses so they may eventually return to the job force after the divorce. It is common for wives who have been stay at home moms and have not worked in years. Rehabilitative alimony enables a dependent spouse to take classes or special job training that will help them become financially independent.

All states have laws for determining whether alimony/spousal support/maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues. The following factors are usually considered when deciding alimony: • Marriage duration. • The contribution a spouse makes as a homemaker. • Potentially earning ability of both spouses. • The age, physical, mental and emotional being of each spouse. • Whether or not the custodial parent will earn less due to his/her duty to parent the child/children. Those factors plus the judicial discretion of the judge play a role in whether a spouse pays alimony and how much. Since the judge has a certain amount of legal leeway it is best to settle alimony issues while negotiating your divorce settlement. That takes control away from the judge and leaves it where it belongs with you and your spouse. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but—for reasons you didn’t anticipate—didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good. If you expect to receive alimony – The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn—which is not necessarily what you are earning at the time you go to court—how much your spouse earns, and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Taxes and Alimony Records

For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that under the 2017 Republican Tax Bill, beginning January 1, 2019, individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Until 2019, this point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court. Here are the records each party to the divorce should keep:

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records. Alimony Recipient The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.

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

Recent Posts

Pollution And A Safe Environment

Foreclosure Lawyer Magna Utah

Commercial Zoning Law

Fair Use Law

Preponderance Of The Evidence

Business Bankruptcy

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The post Utah Divorce Code 30-3-10.5 first appeared on Michael Anderson.

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