#either due to lack of health standards or poor wages
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butchpeabody ¡ 1 year ago
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people commenting on videos of vending macjine parks/soup/ramen vending machines like woooow i wish we had those in america!!! like im so sorry man our countrys health and food safety standards cant even get us school lunches without mold in them you know those shits wouldnt be cleaned if we had them
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saniya241 ¡ 2 years ago
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Poverty is a state or situation in which a person or community lacks the financial assets and basics for a minimum standard of living. Poverty means that the income level from employment is so low that basic human requirements can’t be met. Poverty-stricken individuals and folks might go without suitable housing, clean water, nutritious food, and medical care. Each nation may have its own standard that defines how many of its people are living in poverty.
Poverty is of 2 types – absolute and rela­tive. Absolute poverty is calculated by the percent­age of people living below the poverty line or by the head count ratio. Relative poverty denotes to income inequality. In evaluating poverty the first step is to set a standard and then take an estimation of the number of persons who fulfil the standard in diverse regions of the country and at dissimilar points of time. However, description of that standard has to be subjective, reflecting a social value conclusion. The poverty line is updated by approximating what it would cost to attain the base year con­sumption basket with prices prevalent in subse­quent years.
Causes of Poverty in India:
High population growth percentage is one of major explanations of poverty in India. This further results in high level of illiteracy, poor health care facilities and lack of access to financial resources. Also, high population increase impacts the per capita income and makes per capita income even worse. It is projected that population in India will reach 1.5 billion by 2026 and then India will be the largest nation in the world in terms of population. But India’s economy is not developing at the same speed. This means scarcity of jobs. For this much populace, near about 20 million new jobs would be compulsory. Number of poor will keep on snowballing if such a large number of jobs won’t be generated. Ever growing prices of even basic wares is another cause of poverty. A person under the poverty line finds it challenging to stay alive. Caste system and disproportionate distribution of income and wealth is one more cause of poverty in India. Apart from all these, unskilled workers are paid very little in spite of hard work they put daily. The issue lies with the disorganized sector as owners are not bothered about the way their workers are living and the amount they are being paid. Their zone of worry is just economizing and extra profit. Because of the amount of workers searching for a job is greater than the jobs available, unskilled workers have no other choice but to work for a lesser amount of money. The government should really find a method to enforce minimum pay standards for these workers. At the same time, the government should safeguard that this is executed well.
Poverty in India influences children, families and individuals in a multiplicity of dissimilar ways through: • High infant mortality • Malnutrition • Child labour • Lack of education • Child marriage • HIV / AIDS
Poverty Alleviation:
The poverty alleviation programmes in India can be classified based on whether it is directed either for rural parts or for urban regions in the country. Most of the programmes are intended to mark rural poverty as the occurrence of poverty is high in rural zones. Also marking poverty is a great task in rural areas due to numerous geographic and infrastructure limitations. The programmes can be mainly grouped into 1) Wage employment programmes 2) Self-employment programmes 3) Food security programmes 4) Social security programmes 5) Urban poverty alleviation programmes. 6) Skill India programmes for employment. The five year plans immediately after independence tried to focus on poverty alleviation through sectoral programmes.
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atdavis1119 ¡ 4 years ago
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Macro-post #1
I have thoroughly enjoyed my practicum experience with team oral health thus far. I’ve honestly learned so much and I now feel obligated to promote the importance of oral health and prevention. I can tell that I’m genuinely enjoying what I’m learning because I find myself frequently talking about the activities we did or new things I learned with my family and friends. 
The first 3-4 weeks we did a lot of background research about dentistry as a profession and factors that prevent people from utilizing oral health services, which pertains to team oral health competency R2. The goal of this competency is to “Identify and distinguish the access to care barriers and the health care utilization challenges that affect the health of rural communities”. Barriers to dental care include lack of access and public perceptions about oral health. Access to care is an important issue within both urban and rural communities. However, problems associated with access to care are even more exacerbated in rural areas. The main barriers affecting rural resident’s access to care are social, geographic, and economic.
 In general, many rural residents equate health to hardiness meaning they are less likely to seek care unless an ailment isn’t impeding on their ability to complete activities of daily living. There is a severe lack of health literacy in rural communities and this mindset is displayed to an even greater extreme when applied to dental health. There is a lot about oral health that people either don’t know or have misconceptions about. People frequently view dental issues as a singular problem, but poor periodontal status can impact a number of health related issues such as cardiovascular health, diabetes, Alzheimer's, and the term length of pregnancies/birth weight (which was my topic). Prior to this practicum experience I was also guilty of having this mindset. There is a high association between premature births/birth weight and infant morbidity and mortality. This is a global issue that affects individuals in both developed and developing countries. If something preventable such as poor oral health is having an impact on the survival of infants it’s important to establish a clear association to convince others of the importance of oral health. Additionally, people tend to think that oral health problems are a consequence of individual poor dental hygiene; however, there are social facts that contribute to the way periodontal health is valued and perceived. Also, it is evident that oral health is not as valued as other health factors through the lack of inclusion on standard health insurance plans. This contributes to the public’s perception of viewing oral health as an “extra” or added benefit instead of a necessary part of general health insurance coverage. Not only does one's educational attainment affect the ability to comprehend medical information, it also impacts the ability to access care financially. 
Lower educational attainment correlates to lower wage jobs and greater financial burdens. In rural communities it is common for residents to work for small businesses with lower wages. In general rural small businesses often cannot afford to provide benefits such as employer-sponsored insurance for their employees. This leaves rural employees at a disadvantage causing an increased risk of being uninsured due to little to no coverage from their employer and not being able to purchase their own private insurance because of low earnings. In addition, approximately 33% of rural residents rely on public insurance; however, only 30.7% of NC dentists accept Medicaid as a form of insurance leaving a large percentage of the population without access to care. Many low wage jobs do not offer paid time off which affects the ability of rural residents to take time off for medical appointments as it has an impact on their finances. Rural residents are more likely to live below the national poverty line and taking time off for medical appointments that they won’t be compensated for creates a further financial strain. The lack of paid time off by employers creates challenges for rural residents to access care during normal hours of operation. The combination of rural resident’s views on health and the lack of paid time off adds to a delayed sense of urgency to seek treatment. Rural residents often miss their opportunity for effective use of preventive services and are consequently diagnosed at later stages of illnesses resulting in worse health outcomes. 
Even when rural residents do seek care, they are often faced with the challenge of finding a dental provider nearby.  Studies show that approximately 60% of rural Americans live in health professional shortage areas (HPSAs) and 74 out of 100 counties in North Carolina are designated as Dental Health Provider Shortage Areas (HPSAs). Some rural residents have to rely on their local health department or government funded programs such as health centers as it is often their only option for medical care; however, in North Carolina 76% of dentists are in private practice. This causes a further strain on a population that is already at a disadvantage. Also, it is common for underserved and disadvantaged populations to seek care from the hospital which is more costly than a normal dental visit. 
To effectively address oral health related issues, we will be required to reframe the way we view oral health through both education and policy. If we can educate people about the importance of prevention, we can avoid negative and unnecessary health outcomes. Change happens when we stop viewing oral health as a singular health issue and place the same emphasis on oral health as other areas of health. Dental insurance coverage will also need to be revamped for this to be achieved. Initiatives specific to the NC Oral Health Collaborative include updating North Carolina’s policy for the scope of dental hygienist. Traditionally, a dental hygienist must practice under the direct supervision of a dentist and dentists are required to see the patient before preventive services are administered by a hygienist, but NC Oral Health Collaborative is trying to get a rule approved that would allow a hygienist to administer preventive services without dentists being required to see the patient first. This is important because almost ¾ of North Carolina counties are designated as Dental Health Provider shortage areas, so this would increase access to preventive services.
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chailatte-is-lifeu ¡ 5 years ago
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Duluth Auto Accident  Attorney
Legal Representation For Automobile Accident Victims in Duluth Georgia
When drivers fail to follow all the rules of your road, there may be serious, and in some cases, fatal accidents. This results in innocent people getting injured or losing their lives. Auto accidents frequently cause serious injuries, including whiplash, spinal injuries, and head traumas. The auto accident lawyers at Kenneth S. Nugent, P.C. law practice can be a team of dedicated professionals who have helped car crash victims in Georgia for twenty five years. We work diligently to safeguard the rights of accident victims and to assist them to get the proper compensation they need to the injuries and damages they already have suffered in a car accident.
For those who have been involved in a vehicle accident in Duluth Georgia, it is essential to have observed and skilled legal representation to get results for you. Powerful insurance providers do their utmost to limit paying out on accident claims which may limit or reduce the quantity of compensation you get unless you the appropriate legal allow you to need. Contact the car accident lawyers at Kenneth S. Nugent, P.C. today so that we can easily discuss our options and rights. Give us a call at 1-888-579-1790 for the free case review.
What To Do After A Vehicle Accident
First thing that you ought to when you have been in a vehicle accident is to find to a safe place, when possible, and require help. Move your vehicle out from traffic, if you can, and verify when you and someone else is injured. If there look like any injuries, call 911 for medical assistance. Also, call the cops to inform them of the accident and to have an accident report made.
After the law enforcement officers have arrived you should answer the questions they already have about how precisely the accident occurred. However, will not make any statements regarding your fault or responsibility for the accident. You need to inform your insurance company in the accident. Just before answering questions or giving an announcement concerning your injuries or even the accident, you ought to call your automobile accident lawyer at Kenneth S. Nugent, P.C. first.
Additionally it is a good idea to see a health care provider or hospital to obtain treatment no matter what the extent of your injuries appears to be. There are some injuries, including soft tissue injuries and whiplash, that take a couple of days before they manifest themselves. A physician should be able to document your injuries that helps you together with your case to recover damages. Not seeking medical assistance after the car accident makes it harder to obtain compensation.
Common Factors behind Auto Accidents in Duluth, Georgia
Based on market research conducted from the National Highway Traffic Safety Administration, there are actually four main categories of factors that cause automobile accidents: atmospheric conditions, roadway, vehicle, and driver.
In Duluth, Georgia, driver issues are one of the leading causes of automobile accidents. Many of the most frequent reasons behind driver-related accidents add the following:
Violation of traffic laws
Improper lane changes
Driving from the opposite (wrong) direction
Tailgating
Failing to obey posted signs
Failing to stop at the red light or stop sign
Failing to yield
Driving while intoxicated
Speeding
Distracted driver
Although less common than driver issues, vehicle issues also can cause accidents. They add the following:
Electrical issues
Brake issues
Flat tires
Roadway conditions also can cause car crashes. Common roadway conditions that can cause a collision may include these:
Fallen electrical lines or trees
Construction zones
Potholes
Icy or slick roads
Atmospheric conditions may cause visibility issues and cause auto accidents. Some of the most common atmospheric dangers range from the following:
Windy conditions
Glare from the sun
Fog
Snow
Rain
Results of Auto Accidents
Motor vehicles are extremely powerful, heavy, and enormous machines. When they are not driven carefully, serious injuries or death could possibly be the result. Should you be injured in the vehicle crash, you might need the following:
Hospitalization: Depend on how severe your injuries are, you might need to spend a few hours up to several months with the hospital. Hospital stays and cost of treatment are incredibly expensive and also the costs can add up quickly. The medical bills of the accident victim often exceed the level of either their particular or perhaps the other driver`s insurance policy. You may also lose income due to missing work which could exacerbate your finances even further.
Surgery: Motor vehicle collisions frequently cause head trauma, deep lacerations, damaged organs, and crushed or broken bones. Usually, these kinds of injuries require surgery. Since car crashes often involve broken glass ad sheared metal, disfigurement and scarring commonly occur. In those situations, reconstruction and plastic cosmetic surgery may be necessary.
Death: In case you have suffered losing someone close due to an automobile accident, you might have grounds to submit a wrongful death claim. These are some of the damages that you may possibly be awarded in the wrongful death claim:
Medical bills
Burial and funeral expenses
Pain and suffering sustained with the deceased before their death
Loos of future benefits (retirement, medical, etc.)
Loss in future income
Lack of your family duties that had been performed by the deceased (repairs, child care, etc.)
Reduction in affection, love, etc.
Punitive damages
Liability in Duluth Automobile Accident Cases
Should you be involved in an automobile accident and suffered injuries because of this, you happen to be allowed under Georgia state regulations to find compensation for the injuries due to the at-fault driver. You might be not confined to recovering your medical expenses only. You may also recover for property damage, future and past lost pay, lack of way of life, pain and suffering, and a lot more.
To be able to prove negligence, you and the automobile accident attorney must establish that the accident was brought on by other driver`s negligence. Negligence is a form of carelessness which may occur whenever a driver is driving too fast, texting and driving, is distracted, runs a red light or stop sign, follows your car or truck too closely, or any other negligent acts.
Even if your other driver was just partially in the wrong for the motor vehicle accident, you happen to be still capable to recover damages from them. Georgia features a modified comparative negligence law what your location is able to recover for injuries in situations where other driver was at least 51% to blame to your accident. Any level of your very own fault will decrease your quantity of compensation. So, if it is determined which you were 10% at fault for the accident, your compensation amount will probably be reduced by 10%.
Due to the complex nature of injury law in the condition of Georgia, it is essential with an experienced and knowledgeable Duluth automobile accident lawyer present you with legal advice and guidance. Contact legislation firm of Kenneth S. Nugent, P.C. today for your personal free case review.
Why File a car accident Claim in Duluth, Georgia?
A civil claim under Georgia law is allowed to provide a victim with compensation for that losses they have got suffered as a result of somebody else or organization`s negligence. These losses, which are also referred to as damages, are split into three major categories:
Economic damages: These are typically tangible, financially-related damages that cover reasonable future and current expenses. Economic damages might include lack of earnings, lost wages, medical expenses, and property damage.
Non-economic damages: They are nontangible damages which may have a poor influence on the grade of your life, including suffering and pain, mental anguish, and lack of standard of living.
Punitive damages: In cases where it is shown how the defendant`s negligent act demonstrated a reckless disregard for other people`s safety, punitive damages can be awarded from a jury. Driving while intoxicated can be an demonstration of this. Under Georgia state regulations, you will find a cap of $250,000 of these damages unless it is shown the liable party acted with all the intent to inflict harm.
Obtain Rightful Compensation In Duluth Georgia
In order to maximize the volume of compensation you could recover for the damages you have suffered because of your accident, it is very important have strong legal representation and skilled attorneys who are able to build an efficient case and advocate for your benefit.  Your Duluth automobile accident lawyer at Kenneth S. Nugent, P.C. will continue to work to cover each and every aspect of your car crash claim, including proving another driver`s negligence as well as the extent of the property damage and injuries you have sustained within the crash.
The skilled car crash attorneys at Kenneth S. Nugent, P.C. hold the experience and knowledge to effectively handle insurance companies. Reaching a fair settlement with the insurance provider may result in obtaining adequate funds to cover your medical bills, property damage, lost pay, pain and suffering, reduction in total well being and much more. We are going to file a lawsuit, if required, to make sure you receive fair and full compensation for the damages. Contact us today for the free case review to ensure our Duluth motor vehicle accident lawyers can discuss your case and options with you. Phone us toll-free at 1-888-579-1790 or simply click Chat Live online. Help is simply one call away.
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ruffoverthinksthings ¡ 6 years ago
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Since most of the famous royals go to Auradon, what about the commoner children? What is their school life? Are they like in-city kids with less funding than the royals? And the half-fae kids in these schools, are they treated badly?
The answer is, it varies depending on where you are.
Most upper class Auradonians send their children to establishments similar to Auradon Prep, or other types of prestigious academies, such as the modern day Knights barracks where they apprentice to become commissioned officers, superiors over the rest of the Royal Guard straight off the bat, or the fancier version of military school in the modern day, and sending misbehaving progeny to the military to smarten up in olden days.
Excluding home education, Mandatory Education for middle/working class individuals generally takes on three different forms, one of which has two subgroups:
I. Privatized Education
Generally only afforded by the middle class, or working class with scholarships, sponsorships, and/or connections to the societal rungs above them, these are the middle ground between the “best of the absolute best” schools like Auradon Prep, and the less well funded and oftentimes less prestigious public schools I’ll be mentioning below.
It’s the above average in every way, really: colleges don’t raise eyebrows when they see you studied there, but they will generally keep you in mind during admissions; it’s not likely to make you the center of attention at a party if you mention your alma mater, and you might have to explain what it is and what it’s known for, but no one will look any lesser about you for it; and you generally have a similar, very high-achieving, and holistic education like the Royals of Auradon Prep do, which encourages such values as independence, critical thinking, and philosophy alongside ethics.
To give you an idea, their Civics classes oftentimes includes hypothetical situations, essays, and Socratic debates where they are asked to commentate on, dissect, and criticize past decisions, such as that of the Magic Ban. One of the key differences is, in the private schools outside of Auradon’s Ivy League equivalent, the students are framed as average citizens answering referendums or wording letters to the executive branch, not the monarchs that proclaimed the order and whose signature is on the paper.
On a side note, they make up the bulk of Auradon’s high school Tourney league, which tends to be a VERY big deal to the institution and the location they are based in, wherever you go.
II. Public Education
The mandatory educational program that every single Auradonian citizen is supposed to have at the bare minimum. It emphasizes the three basic skills--reading, writing, and arithmetic--but also includes a very heavy focus on ethics, philosophy, and history, oftentimes retelling the stories of their many monarchs rises to fame and their adventures (read: Disney movies, except it’s quite literally history class).
Schools, depending on their geographic location and local government, are allowed to either specialize in preparing their students for IT, STEM, and their future college degrees; or with boosting their local industries and businesses, generally agriculture, alongside numerous exercises and events meant to foster stronger, closer ties to their community, alongside maintaining its health.
While in theory and in the constitution, every school is supposed to meet a set number of minimum standards and practices, and will have its operation on probation and intervention, then threatened with shutdown if they can’t meet the standards still, you might have guessed by now that it doesn’t quite work that way in practice...
A. City
Ironically, being “inner city” is a GOOD thing in Auradon.
It’s only been two decades since the giant industrialization rush, and while many of the giants have either fallen, cut down their activities significantly, or been rendered obsolete, a LOT of these industries are still around, still require a good number of employees, who they can pay great wages, and who said employees then use to buy housing close to their workplace, raise families in them, and desire good schools to send the children too.
Both by geographic proximity and majority of Auradon’s economic activity being focused in the metropolitan cities, many of these public schools do quite well for themselves, comfortably reaching the minimum standards if they aren’t able to match up to the most prestigious privatized academies--those tend to be the exception, though, like Arendelle Science High School which has very strong backing from its government, and mutual interest from its business interests to attract and more importantly, keep inventors, geniuses, and savants.
Depending on where you are, the city public school is just as viable a choice as private, and some of them do carry a better reputation than the latter.
Blame it on Auradon’s love for the exceptional, but there’s much to be said about being a notable graduate from a school that’s required to take in everybody VS one that can be selective about who they let in, and with much more means to groom them.
B. Countryside
And THIS is where the “inner city” effect is most strongly seen. As I mentioned above, the industrial boom is still around in Auradon (if slowing down and making its start towards a Green Revolution), and obviously, those workers didn’t come from thin air--they were from the countrysides and remote villages, either within that nation’s borders, or emigrating from them on whichever country’s “Dream” got them to bite.
Due to the lack of development, infrastructure, and interest (until recently) in the countryside, majority of the public schools here suffer, oftentimes falling below minimum standards, having poor facilities, or the inability to retain staff, either by their own choice, or because of external reasons like needing to have income to pay the rent and their own food.
There is also a marked lack of interest in government supervision and inspection of them--the competent supervisors are generally lured to the AIL (Auradon Ivy League) or better private schools due to pay and the lifestyles there, the ones that wish to actually follow through with the law lack the means and the support to enforce it, and then there are the ones that wish to do away with the standards altogether and impose their idea of what is a “proper” education with impunity.
There are a handful of schools out there that are basically focused on producing a new generation of basket weavers, ideal housewives, and/or farmers, even if they’re supposed to be learning how to read--but then again, what is there to read to them in the first place...?
C. Side Note
Both make up the minority of Auradon’s high school Tourney league, largely due to logistic and economic issues. There’s only so many teams that can be allowed on the official league match ups at once, and many of them have players that can be conveniently shipped off wherever and whenever, and whose schools have the training and equipment to keep them at the top of their game. (Pun intended.)
There’s also the matter of sports scholarships. Many of the great players end up leaving their old teams and lives behind entirely if the opportunity to study someplace better shows itself--and really, no one blames them.
III. Mentorship/Vocational Education
And finally, the most traditional sort of education that still exists, is becoming an apprentice for some sort of skilled occupation becoming a carpenter, a blacksmith, or perhaps one of the royal scribes, for those that really want a fast, guaranteed, if tedious track into a government job and perhaps a future seat there.
If you’re equipped for it, you can’t go wrong with having to take down and record all the going-ons in the states and having to file, retrieve, and disseminate that information. “No one knows what’s going on in the world better than the man who has to put it all to paper,” as the saying goes.
There’s also a much larger scale effort with some companies training highly specialized work forces, such as the increasingly complex and difficult nature of manufacturing cars, home appliances, and technology in Auradon.
Like in the real world, it used to be you had an electrician, an engineer, and a mechanic, and now you need someone who’s all three for one product line specifically.
P.S. Half-Fae kids depends again.
Those that are extremely human like such as half-elves generally get along just fine even in the most remote countrysides, as the villages tend to have been living with them and their full-blooded Fae parents for centuries, if they don’t have some sort of symbiotic bond with them.
They’re a little stranger and different than the humans, but not by THAT much--think of it like a mostly Caucasian American population who lives comfortably with their Italian American and African American fellows.
For those that have less than ideal relationships with the humans in the region (i.e. demons), they do tend to be bullied and treated with superstition, but eventually the kids get used to them and they become part of any of the normal school cliques and social rungs that their fully human classmates are also part of, if they don’t own it and take advantage of it.
You’ll find more than a couple of half-demon kids who openly embrace the “unholy” images of their supernatural side; leather jackets with “HELLSPAWN” behind them are rather popular, as are the requisite goats, fire, and pentagrams.
Sometimes, their heritage isn’t even acknowledged at all, except in passing, and they’re treated as equals, individual personalities and exceptional abilities notwithstanding.
“In the end, we’re all in the back of the same dung cart, so what’s the point?”
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margdarsanme ¡ 4 years ago
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NCERT Class 11 Political Science Theory Chapter 4 Social Justice
NCERT Solutions Class 11 Political Science Theory Chapter 4 Social Justice
Class 11 Political Science Chapter 4 NCERT Textbook Questions Solved
Question 1.What does it mean to give each person his/her due? How has the meaning of “giving each his due” changed over time?Answer:To give each person his/her due ensures the well-being of the people or equal importance should be given to all people, i.e. a doctor is concerned with the well being of his patients as well as the rules of government ensures the well being of citizens also. All these dues have been changed over times:
The ideas of justice has been continued to be an integral part of the present day understanding and has changed from the time of Pluto.
Today, the debates have also been taken place of what is due to each person as a human being.
Human beings get the opportunities to develop one’s own potential as well as to pursue their chosen goals.
Justice requires to give due and equal considerations to all individuals.
Question 2.Briefly discuss the three principles of justice outlined in the chapter. Explain each with examples.Answer:
Principle of treating equals equally refers to equal rights and equal treatment to individual who share certain characteristics as a human being, i.e. civil rights including right to life, liberty and property and political rights including right to vote, to enable rights to individuals to participate in political processes, etc.
Principle not to treat any individual on the basis of discrimination on the grounds of caste, race, religion, colour, language, etc. the individuals should be judged on the basis of their capabilities they perform, i.e. made teachers get higher salary than female teachers, the persons performing the same tasks but getting different amount due to case is unjust.
Equal treatment is not the only principle of justice because some circumstances may be appeared to be unjust if equal treatment is given, i.e. some marks to be awarded to all the students of a class if they have appeared in an examination in a uniform manner in place to award the marks on the basis of performance. This principle measuring people in proportion to the scale of equality of their efforts.
Question 3.Does the principle of considering the special needs of people conflict with the principle of equal treatment for all?Answer:
To promote social justice, principle of special needs of people are recognised. And peoples are required to be treated equally without any discrimination to reward proportionality.
The principle of taking account of special needs of people does not contradict with the principle of equal treatment because the people who are not equal in certain important respect, may be treated differently to promote justice.
People with special needs may deserve special assistance and particular respect but it is difficult to recognise the people who require special assistance.
Some physical disabilities, age, lack of good education or health care facilities are considered of special treatment.
In India, lack of good education, healthcare, amenities, etc. are generally combined with social discrimination on the basis of caste.
Constitution of India, made the provisions for reservation in government jobs and quotas in educational institutions for the people who are deprived in the society.Hence, it can be concluded that it is necessary to recognize the people who need the special considerations and if it is mandate for justice, it cannot contradict with the principle of equal treatment for all.
Question 4.How does Rawls use the idea of a veil of ignorance to argue that fair and just distribution can be defended on rational grounds?Answer:
John Rawls argue that the only way we can arrive at a fair and just rule is to imagine ourselves to be in a situation in which are have to make decisions about how society should be organised despite we do not know the position to be occupied by ourselves in society. That is, we do not know what type of family we would be born either in upper caste or lower caste, rich or poor, privileged or disadvantaged.
Rawls argue that if we don’t know who we will be and what options would be available to us in future society. We would support to those rules and organisations of future society to be fair for all members.
Rawals under the concept of Veil of ignorance’ expects situation of complete ignorance, each person would decide in terms of their own interests only.
But since no one knows who would be and what is going to benefit him, each will envisage the future society from the point of view of the worst off, it will be dear to a person who can reason and think for himself that those who are born privileged will enjoy certain privileges.
If some people are born in a disadvantaged section, they will make sense to ensure reasonable opportunities to the weaker sections.
The efforts would be made to make important resources available (education, health, shelter) to all persons.
It is not easy to erase our identities and to imagine oneself about veil of ignorance. But then it is equally difficult to be self-sacrificing and to share good fortune with strangers.
Hence, given these human failings and limitations it would be better to think of a framework that does not need extraordinary actions.
“Veil of ignorance’ expect the people to think for themselves and select what they considered to be in their interest.
Question 5.What are generally considered to be the basic minimum requirements of people for living a healthy and productive life? What is the responsibility of governments in trying to ensure this minimum to all?Answer:
A just society should ensure basic minimum conditions to live healthy and secure lives and provide equal opportunities to pursue their chosen goals.
A democratic government is responsible for a basic amount of nourishment to keep citizens healthy, education and minimum wages as well as housing, and supply of clean drinking water.
But, to provide all these basic requirements put a heavy burden on government especially in the countries, where poor people are in a large number.
If all of us agree that it is the responsibility of state, the conflicts may arise on choosing the methods to achieve these goals.
The various debates have taken place on adopting the methods to ensure well-off of disadvantaged sections either by promoting open competition or should be taken the responsibility by the state or by a redistribution of resources.
In India, different approaches are being suggested by different political groups who debate the relative merits to help marginalised sections of peoples.
Question 6.Which of the following arguments could be used to justify state action to provide basic minimum conditions of life to ail citizens?(a) Providing free services to the poor and needy can be justified as an act of charity.(b) Providing all citizens with a basic minimum standard of living is one way of ensuring equality of opportunity.(c) Some people are naturally lazy and we should be kind to them.(d) Ensuring a basic facilities and a minimum standard of living to all is a recognition of our shared humanity and a human right.Answer:(b) Providing all citizens with a basic minimum standard of living on one way of ensuring equality of opportunity.
Class 11 Political Science Chapter 4 NCERT Extra Questions Solved
Class 11 Political Science Chapter 4 NCERT Very Short Answer Type Questions
Question 1.Define justiceAnswer:Justice relates all individuals with each other and connect with the fact as to what type of moral, social, economic, political, legal relations are developed together between individuals.
Question 2.Whose duty was to maintain dharma in the society?Answer:The kings’ primary duty was to maintain dharma in the society.
Question 3.Who was Glaucon?Answer:A friend of Socrates, famous thinker of ancient Greece.
Question 4.Who wrote Republic?Answer:Plato, a famous philosopher of Greece wrote ‘Republic’.
Question 5.Who was Immanuel Kant?Answer:Immanuel Kant was a German philosopher who gave due and equal considerations to all individuals.
Question 6.Who was Confucious?Answer:Confucious was a Chinese philosopher to argue to maintain justice to punish wrong-doers and rewarding the virtuous ones
Question 7.Why do some people state “Justice delayed is justice denied”?Answer:Because if a decision is delayed too long, the aggrieved person may not receive any benefit from judicial proceedings, i.e. if person is dead what is the use of getting a decision in favour.
Question 8.What does Socrates state about justice?Answer:Socrates states that justice involves well-being of all people including enemies also.
Question 9.What is just society in the words of Dr. B.R. Ambedkar?Answer:Dr. B.R. Ambedkar said that a society in which ascending sense of reverance and descending sense of contempt is dissolved into the creation of compassionate society.
Question 10.What are the principles of justice?Answer:
Equal treatment for equals.
Provision of minimum standard of living and equal opportunities to the needy.
Recognition of different efforts and skills during rewards and responsibilities.
Question 11.Who is John Rawls?Answer:John Rawls is a political philosopher who propounded the theory of veil of ignorance, i.e. rational justification for acknowledging the need to provide help to the least privileged members of society.
Question 12.How has India ensured social justice?AnswerP:Social justice refers to no discrimination among citizens on any ground. India has ensured social justice:
Political authority establishes an equal society through legislature and executive.
No discrimination is made on any ground guaranteed by the constitution under rights against exploitation.
Question 13.What are political dimensions of justice?Answer:
People enjoy universal adult franchise.
Government influences serve the interests of all people.
People enjoy the opportunities co put pressure on the government.
Question 14.What are economic dimensions of justice?Answer:
Every individual should access the same respectable way to earn one’s livelihood and sufficient wages.
Government should provide social security in the form of scholarships, reservations, economic aid to unprivileged sections, etc.
There should be equal pay for equal work.
Private ownership over land, resources should be abolished.
Question 15.What is moral justice?Answer:Moral justice refers to natural principles, i.e.:
To speak truth
To show kindness
To keep up the promises
To behave liberally.
Question 16.What are liberalists’ and Marxists’ views of justice?Answer:
Liberalists’ view of justice emphasizes on individual liberty, freedom and its expression and state is intervention is minimal.
Marxist view of justice emphasizes on just distribution of wealth and property, i.e. from each according to his ability to each according to his needs.
Class 11 Political Science Chapter 4 NCERT Short Answer Type Questions
Question 1.What is social justice? Mention its main features also.Answer:Social justice refers to all the people living in a society are equal:
All the people should enjoy the equal opportunities to develop one’s own potential and personalities.
In order to attain social justice, caste and colour discrimination should be abolished. Hence, the Constitution of India has banned untouchability and misbehavior legally.
There should be no discrimination on the use of public places, i.e. free access to the use of parks, cinemas, schools, wells, tanks and shops.
Question 2.What do you mean by protective discrimination?Answer:If a government takes some steps for the betterment of weaker society, known as protectivediscrimination as:
It implies discrimination in favour of weaker section and unprivileged section of society.
The reservation is given to scheduled castes and tribes and OBC’s.
These sections are not provided with the special advantages to a particular section but raise them to a level to compete with other sections of society on equal footing.
Thus, the protective discrimination removes the imbalances from the society.
Question 3.What is economic justice? Mention some features of economic justice.Answer:Economic justice refers to providing an equal opportunity to the citizens to acquire their basic needs or livelihood:
It refers to providing basic minimum needs to one and all the citizens in the society, i. e. no one should be exploited economically.
Equal wages should be given to the workers in the factories, clerks in the offices whose work is similar.
It refers that a man should work according to his capacity and earn sufficient money to meet out basic needs in society.
Question 4.What is concept of justice as per Plato?Answer:For Plato, justice implies a life of people conforming to the rules of functional specialisation means that one man should practice only one thing to which his nature is best suited:
Plato refers justices to be related with social order. He explains justice for the individual and the state on the basis of tripartite theory of appetite, courage and wisdom.
There are three classes in a society corresponding three elements of soul, i.e. producers, militia and the ruler means harmonious order between these classes.
When each class minds one’s own business without meddling in other classes, justice exist in the state.
In the individuals justice consists in keeping a balance between different elements.
Class 11 Political Science Chapter 4 NCERT Passage-Based Questions
Passage 1.Read the passage (NCERT Textbook, page 55) given below carefully and answer the questions that follow:
Although there might be broad agreement in modern society about the equal importance of all people, it is not a simple matter to decide how to give each person his/her due. A number of different principles have been put forward in this regard. One of the principles is the principle of treating equals equally. It is considered that all individuals share certain characteristics as human beings. Therefore they deserve equal rights and equal treatment. Some of the important rights which are granted liberal democracies today include civil rights such as the rights of life, liberty and property, political rights like the right to vote, which enable people to participate in political processes, and certain social rights which would include the right to enjoy equal opportunities with other members of the society.
Questions:1. Mention any one principle to decide equal importance of all people.2. What does this principle refer?3. What are political rights?Answers:1. Principle of treating equals equally.
2. To consider that all individuals share certain rights who deserve equal rights and equal treatment, i.e. right to life, liberty and property.
3. Right to vote, to contest elections to hold public offices, etc.
Passage 2.Read the passage (NCERT Textbook, page 59) given below carefully and answer the questions that follow:
Differences of opinion on matters such whether, and how, to distribute resources and ensure equal access to education and jobs arouse fierce passions in society and even sometimes provoke violence. People believe the future of themselves and their families may be at stake. We have only to remind ourselves about the anger and even violence which has sometimes been roused by proposals to reserve seats in educational institutions or in government employment in our country. As students of political theory however, we should be able to calmly examine the issues involved in terms of our understanding of the principles of justice. Can schemes to help the disadvantaged be justified in terms of a theory of justice? In the next section, we will discuss the theory of just distribution put forward by the well-known political philosopher, John Rawls. Rawls has argued that there could indeed be a rational justification for acknowledging the need to provide help to the least privileged members of a society.
Questions:1. On which issue sometimes violence may be provoked?2. Who is John Rawls?3. What does John Rawls reveal?4. Give an example when violence had been occurred on just distribution of resources.Answers:1. On the issue of distribution of resources and to ensure equal access to education and jobs.
2. A well known political philosopher.
3. He argued that there could indeed be a rational justification for acknowledging the need to provide help to the least privileged members of a society.
4. On the proposals to reserved seats in educational institutions or government employment
Class 11 Political Science Chapter 4 NCERT Long Answer Type Questions
Question 1.What are the different kinds of concepts of justice?Answer:Justice refers to faithful realization of existing laws against any arbitrary dealing and the ideal element in law to which a good law should aspire for. Justice can be classified as:1. Social justice:
No discrimination should be made among the citizens of country on the ground of religion, colour, caste, race, language, etc.
Equal opportunities should be provided to one and all for one’s own development,
An equality based society should be established.
2. Political justice:
To exercise political power to serve the interests of all
Every citizen should enjoy their right to vote without any discrimination.
Every person should have the right to contest elections at par.
Every citizen should have an opportunity to put pressure on government.
3. Economic justice:
It refers to provide equal opportunities to one and all to earn money and to spend to meet the needs of life.
National income and resources should be evenly distributed among all the people.
Economic welfare of weaker section should be looked after.
4. Moral justice:
Natural principles exist in the universe.
To determine mutual relations among individuals.
Speaking the truth, showing kindness, keeping the promises, behaving liberally, etc.
5. Legal justice:
To frame genuine legislation to be enforced by law.
Equal provisions of punishments should also be made without any partiality.
State established justice by means of law.
Question 2.Mention the steps taken by Constitution of India to ensure social justice.Answer:This is the duty of state to establish a society based on equality through executives and legislatives:
Article 39 A (42nd Amendment) provides that state shall try to secure equal justice and free legal aid to its citizens.
Article 42 states that the state shall make provisions to secure just and human conditions.
Article 46 provides that the state shall promote the educational and economic interests of weaker sections of society especially for SC’s, ST’s and to protect them from social injustice.
Article 46 says that the state shall within the limits of its economic capacity make provisions for securing the right to work, to education and to public assistance in areas of unemployment, old age and sickness, etc.
Question 3.What measurements have been taken by India to secure social justice?Answer:
The preamble to the constitution of India declares its objectives to ensure social, economic and political justice.
Since independence, various programmes have been set up to eradicate poverty in India.
The Antyodaya Schemes have been launched for the upliftment of the poorest.
The government has launched five year plans and many other programmes also for downtrodden people.
To improve special status of SCs and STs, government has made provisions for their reservations in educational institutes and government jobs.
The government of India assures right also to poor and and downtrodden people in education, age, sickness or any other disablement.
from Blogger http://www.margdarsan.com/2020/09/ncert-class-11-political-science-theory_48.html
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khalilhumam ¡ 4 years ago
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We Need All Hands On Deck to Close Gender Pay Gaps
New Post has been published on http://khalilhumam.com/we-need-all-hands-on-deck-to-close-gender-pay-gaps/
We Need All Hands On Deck to Close Gender Pay Gaps
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September 18th marks the world’s first International Equal Pay Day, which calls attention to the importance of achieving equal pay for work of equal value for all people regardless of gender, age, disability status, and other characteristics. The United Nations’ recognition of this day is itself a reflection of the heightened attention the issue of equal pay has received across countries in recent years, but there is much more to be done to achieve its objective. To that end, in collaboration with the Open Data Charter and The B Team, we have prepared a joint policy memo that identifies roles for government and the private sector in closing gender pay gaps. Below, we summarize our recommendations.
No country has closed the gender pay gap.
Though the share of women’s participation in the labor force has increased over the past thirty years, women, on average, continue to be paid 20 percent less than men with gaps varying by region and country, and worsening along the lines of race, ethnicity, and other demographic characteristics. Now, the COVID-19 health crisis, coupled with the economic downturn, threatens to exacerbate these gaps. Figure 1. Wage inequality varies between and within the four income classes
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Source: ILO: Global wage report 2018/19: What lies behind the gender pay gaps. Lower values (closer to zero) indicate lower levels of wage inequality and higher values (closer to 100) indicate higher levels of wage inequality.
Everyone stands to gain from closing the gender pay gap.
With higher earnings, women’s own welfare, agency, and opportunities have the potential to improve. This can, in turn, benefit their households and communities, because women invest more money than men into the education and health of their children—creating a virtuous cycle of development. Increased earnings for women also benefits governments (through increased tax revenue), businesses (through increasing purchasing power/consumer spending), and the wider economy.
What’s behind the gender pay gap?
Unfortunately, closing the gender pay gap is easier said than done. Several barriers and challenges exist, including:
1. The “motherhood penalty”: Unpaid care and domestic responsibilities impact the career progression of women.
After giving birth, women’s pay lags behind the pay of similarly educated and experienced men and women without children. Among married, full-time working parents of children under age 18, women still spend 50 percent more time than men engaging in care activities within the home. In lower-income contexts, unpaid care work burdens compound due to limited energy and water, sanitation, and hygiene (WASH) infrastructure, adding to the time women must spend on domestic responsibilities. Indeed, women around the world spend 200 million hours daily collecting water for their households, further limiting the time they have for non-domestic tasks, including work and school.
2. Occupational sex segregation, coupled with the systemic undervaluation of “women’s work,” results in women-dominated industries and jobs attracting lower wages.
Women and men are concentrated in different sectors and positions. For example, women are more likely to be nurses, and men doctors. Women are more likely to be early childhood educators, and men professors. But women also make up a disproportionate percentage of workers in the informal sector (e.g., domestic workers), leaving them without any protection of labor laws, or social benefits such as pensions (creating the conditions for pensioner poverty), health insurance, or paid sick leave. Consequently, they are at a higher risk of having their wages withheld arbitrarily, receiving wages below the minimum wage, and experiencing sexual harassment, among other problems. Women are more likely to enter and remain in lower-paid occupations with fewer opportunities for advancement for many reasons including: (1) being tasked with unpaid care work responsibilities that limit their capacity to work in certain formal and high-paying occupations, and (2) being socialized into feminized roles (occupations that traditionally have a large percentage of women workers). Additionally, jobs women perform may be paid less precisely because women do them. When women enter an occupation dominated by men, wages tend to fall. Men appear to fear that if women move in, the work will be deemed to have become easier and less worthy of decent pay and status. This highlights the need to rethink how society values the work women typically perform.
3. Discrimination and bias in hiring and pay decisions.
Many companies’ recruitment processes are either gender-biased through their job advertisements and algorithms, or rely heavily on professional networks, given that people tend to recommend others similar to themselves for positions. For executive high-tech jobs, referred candidates are much more likely to be men than women, limiting women from integrating into the high-paying, men-dominated technology space. Beyond recruitment processes, employers may discriminate in pay when they rely on past salary history in hiring and compensation decisions, meaning pay decisions influenced by discrimination can follow women from job to job.
Calling all stakeholders to act
Addressing the barriers outlined above will require collaboration between governments, the private sector, and civil society organizations and labor unions, such as through multi-stakeholder forums like the Open Government Partnership (OGP) and the Equal Pay International Coalition (EPIC). Our proposed solutions for governments include:
1. Adopt and model best practice through the public sector workforce.
Public sector employment accounts for 45 percent of all formal employment in low-income countries, and between 20 and 40 percent in middle-income countries. Eliminating gender pay gaps in the public sector would go a long way toward narrowing overall gender pay gaps, both directly and through modeling to private sector companies on how to take effective actions.
2. Legislate a minimum living wage.
Governments that set a minimum living wage—one that allows workers to adequately cover living costs—have been shown to reduce earnings inequality across demographic groups. Also, minimum wage legislation offers a set of standards for labor unions to aim for when advocating for improved conditions for informal workers.
3. Legislate to mandate data publication on wages and overall compensation.
Evidence suggests that gaps shrink when companies are required to disclose them. The data published should incorporate intersecting demographic characteristics, including race, age, and disability status.
4. Legislate to prevent companies from requesting data on salary histories.
With historically lower wages comes a disadvantage in being able to negotiate for more compensation if salary history is disclosed. To ensure that job candidates have the information they need to assess whether a role fits their skills, experience, and financial compensation needs, firms should provide a transparent salary range for positions they seek to fill.
5. Invest in policies and programs that address occupational sex segregation.
Governments should consider setting targets or providing incentives for firms that hire more women in men-dominated sectors and vice versa. Governments can also prioritize job training and placement, providing necessary support for women to cross over into men-dominated fields.
6. Invest in social protection, parental leave, and public services.
Social protection schemes, low-cost or free services for childcare, the elderly, and people with disabilities should be prioritized, improved, and expanded. Such investments are vital to redistributing the unpaid care work that keeps many women out of the labor market, in part-time positions, or in precarious work. Our proposed solutions for business include:
1. Commit to and ensure equal pay for equal work.
Efforts to close pay gaps should include an annual audit of pay that is disaggregated by gender and other demographic characteristics. Businesses should also explore working with governments and platforms like OGP to advocate for binding legislation to ensure equal pay for equal work.
2. Address bias in the system to permanently close pay gaps.
When using advanced hiring platforms, companies should consider whether these tools actually result in more equitable, diverse, or gender balanced hiring outcomes. Without intention and oversight, hiring algorithms and technology platforms can introduce and reinforce gender and racial stereotypes.
3. Update and establish new policies that are gender-neutral and family friendly.
There is a positive relationship between paid parental leave and employee retention. Businesses should also confront the notion that care work is “women’s work” and actively encourage men to take advantage of parental leave.
4. Commit to gender balance in leadership and the broader workforce.
The lack of women in leadership roles contributes to the poor sense of belonging and isolation many women feel in male-dominated workplaces. While increasing the number of women in leadership is critical, it is equally important to establish a gender-responsive and inclusive culture throughout the company, including among low-wage and underrepresented workers who may face additional forms of discrimination.
5. Provide salary ranges for new positions.
Posting salary ranges will help ensure that women and other candidates who have traditionally faced discrimination are better equipped to negotiate. Showcasing salary ranges up front and providing the space to have conversations about pay will save time for both parties and foster trust through transparency.
6. Provide development and network-building opportunities.
On average, women and people of color do more “office housework” and have less access than white men to the opportunities they need to advance in their careers. Businesses should consider establishing rotational programs and sponsorship schemes to support the upskilling and development of all employees, with a special focus on women and people of color. We hope that these initial recommendations allow for more in-depth conversations about context-specific opportunities for progress, as well as concrete commitments by government officials, business leaders, and civil society organizations that result in meaningful change. For more detail, check out our memo here.
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spearmatch55-blog ¡ 4 years ago
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6 Simplest Finances To Get Online.
6 Most Convenient Loans To Obtain Online.
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Do You Need To Borrow Money?
Deciding Whether You Need To Be Borrowing Cash
Do You Really Required To Spend The Cash In Any Way?
Do You Need To Borrow Money?
Unlike with a protected loan lenders won't need you to secure the loan versus your property as personal lendings are typically for smaller quantities. However this doesn't indicate they lack threat, as well as your credit ranking may determine the size of the loan you will certainly be able to secure. Like any loan agreement, you're legally responsible for the financial obligation. If you stop working to comply with the regards to the agreement, your lending institution-- in this case, your liked one-- can take legal action versus you.
Deciding Whether You Should Be Loaning Cash
Products they request for might include points like current declarations for your savings account and also any kind of credit cards you could have. However it's most likely to be a combination of pay slides for the previous six months, along with any kind of borrowing paperwork, previous or present, including mortgages as well as any various other lendings you have actually had.
Do You Actually Need To Invest The Money In Any Way?
Asking your moms and dads for financial help is generally the most safe and also ideal area to start. They made you with their loins-- for that reason they're less most likely to offer you large rate of interest or go out a livestock prod if you miss a payment. Asking for help doesn't suggest you've stopped working as a developed, actually you're simply making an adult decision concerning the very best location to borrow money. Sit them down, explain why you need the money, and ask if they can helping. Naturally, this only functions if you have some sort of vaguely-functioning partnership with your individuals.
Can You Save Up Or Utilize Some Savings Rather Than Loaning Money?
With the contract as evidence, the lending event can take legal action against in tiny cases court, get a judgment and afterwards seek collection activities on the loan-- such as wage garnishment or building liens-- similar to various other creditors. If you can not work out more reasonable loan terms privately, an attorney may be able to either discuss in your place to consist of component of the debt in a financial obligation settlement arrangement or add it to a financial debt consolidation loan.
How can I borrow money instantly?
You might even be approved for a $20,000 loan with bad credit, but expect to pay a higher interest rate. Interest rates for borrowers with better credit can be significantly lower than those with poor credit history.
Since they are not backed by security, individual finances are also referred to as unsecured finances.
They are loans borrowed from your bank, credit union, or on the internet lending institution that is paid back in fixed repayments over a time frame of 2 to 7 years, states Geek Budget.
The amount you can borrow for these sort of lendings is typically greater than that of charge card.
A secured loan is a loan only offered to property owners or people who have a home mortgage.
The cash is secured against your house, as well as if you stop working to pay, they can use the worth of your home to reclaim the money.
Because the rate of interest is gone back to your account, some say, the expense of loaning from your 401( k) fund is essentially a payment back to yourself for the use of the cash.
It is necessary to act prior to a judgment is entered in little insurance claims court due to the fact that the providing event can frequently seek your individual assets, checking account and wages. Lending institution lendings can be an adaptable option to conventional financial institutions as well as lenders as well as generally run to the common benefit of members and neighborhoods. However, the quantity you can obtain is partly based on how much you make, so you do need to give proof of revenue when getting payday advance loan for negative credit. Nearly all of us have actually remained in a scenario where cash was tight, where your cash goes out just a number of days prior to you make money, and also you need cash rapidly to pay an expense, to purchase gasoline, or perhaps just to eat. Some individuals are lucky enough to be able to borrow from a buddy or member of the family, and also some can depend on a bank loan or overdraft account for the money they require.
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In this day as well as age, most individuals often tend to try to find financings by seeing what the most effective financing sites online have to use. But there's absolutely nothing incorrect with going to the financial institution in your area to see what type of rate of interest they can use you.
Various other factors consist of non-payments or late on bank card and mortgage payment defaults. As we have actually already said, people often consider individual lendings a risk-free alternative when compared to secured car loans because they are not taken out against your home. While they might show up much less high-risk, if you secure a personal loan as well as fall back on your repayments after that you can be taken to court and got a Region Court Reasoning (CCJ). This seriously damages your credit score, making it really hard to find charge card or inexpensive personal finances that will certainly accept you in the future. Personal finances are just one of the most typical types of fundings, frequently secured by individuals aiming to make a one-off essential acquisition.
Inevitably any loan, bank card or overdraft you use or take out will require to be repaid. There are different means of obtaining so take some time to discover the ideal one that fits you as well as your existing conditions. Just like any type of borrowing, you ought to only take on what you can comfortably manage. Geld Lenen for this can come from a personal loan gotten by the entrepreneur or various other flexible sources of financing such as bank card. The money may also be obtained from friends, family or efficiently from the business owner themselves.
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Developing clear criteria about what good casual loaning appears like can empower customers to make contracts that succeed for both lender and also borrower. When they should look for recommendations, clarifying what is inappropriate practices on the component of informal lending institutions might likewise assist individuals to know. This can be specifically beneficial for individuals experiencing psychological health issue, that may really feel ashamed and also guilty about their need to borrow. These devices might be offered with the brand-new Solitary Financial Support Body, and also possibly syndicated to various other websites-- such as those of guidance charities-- to increase uptake. Unlike some on the internet loan providers and also banks, you do not require a bank account to obtain a Provident cash loan.
We have actually vetted the market to bring you our shortlist of the most effective personal loan carriers. Whether you're wanting to settle financial debt quicker by lowering your rates of interest or requiring some extra money to take on a big purchase, these best-in-class choices can assist you reach your financial objectives. According to the non-mortgage consumer debt reporting business Experian, many standard lending institutions wait a minimum of 90 days before marketing overdue financings to a third-party debt collection agency. P2P lending institutions have a tendency to be a little quicker on the draw, sending the unpaid debt to third-party collections after thirty day of delinquency. Future prospective loan providers will see collections entries on your credit record and are most likely to bother with your credit reliability.
The most significant and most serious indications are personal bankruptcies and any CCJs you have against you. These allow 'warnings' for loan providers, so if you fall into that classification, it's most likely your application for a loan would be refused.
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nosy-talk ¡ 6 years ago
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Shady secrets McDonald’s doesn’t want you to know
For a company that specializes in food, folks, and fun, it’s pretty amazing how shady McDonald’s actually is. You might think it’s no big deal to walk in, order a burger, get it in two minutes, and then leave. But apparently such a thing can only be accomplished by bending (or outright breaking) every rule in the book. Some genuine sociopathy from the people in charge helps too, as you’re about to find out.
They once got (and still might get) their nuggets from lethally abused chickens
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Obviously, to enjoy meat of any kind, some animal had to sacrifice its life. But it’s always refreshing to know the animal lived peacefully and died in its slumber. But, according to summer 2015 footage released by activist group Mercy For Animals, McDonald’s cares not one iota for that, working with farms that openly, brazenly, and possibly gleefully abuse their chickens before murdering them into almost-food. The farm that Mercy For Animals targeted, T&S Farm, was recorded beating chickens to death with spiked clubs, with the occasional curb-stomping for variety’s sake. The workers knew full well what they were doing, with one outright asking the cameraman, “you don’t work for PETA, do you?” like a kid caught with his hand in an extremely bloody cookie jar.
Since the video, McDonald’s has disavowed the chicken-killing farm, giving the usual PR responses to assuage as many disgusted customers as humanly possible. But not even the slickest press release can answer three burning questions: how long has this happened, why did it take this video for a major company to realize bludgeoning food to death for fun is evil, and since it’s been a year already, are they secretly working with that farm again?
They won’t pay workers overtime for working major holidays
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For a long time, McDonald’s understood what Thanksgiving and Christmas meant, and so they allowed their workers to enjoy both the holiday and all the turkey they can stomach. But money cares not for our arcane traditions and emotions, and so in 2012 McDonald’s started opening on the holidays. This was always a thing company-owned stores did, but now they were “urging” (or, really, forcing) franchisees to do the same. Apparently, doing so rakes in thousands per restaurant, which is all that matters anymore. And yes, if you’ve hit McDonald’s either of these days, you’re officially part of the problem. Commence feeling bad…now.
That’s pretty sucky of them, but at least franchise owners can pay holiday overtime. Workers at the company-owned stores, unfortunately, are fresh out of luck—McD’s flat-out refuses to pay them extra for working on a day that, as far as many are concerned, should only be worked by those who deal in emergencies. (No, Big Mac withdrawal doesn’t count.) They hide under the excuse that, because workers volunteer to work those days, they’re not entitled to overtime pay. Because when you’re dirt-broke, struggling to raise a family, and living from minimum-wage paycheck to minimum-wage paycheck, you definitely have the option of not volunteering to get paid for something.
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Like so many other thieving rich folk, McDonald’s has apparently devolved into filthy, leeching tax cheats. According to the wonderfully titled Golden Dodges: How McDonald’s Avoids Paying Its Fair Share of Tax, between 2009 and 2013, McDonald’s avoided paying over $1.8 billion in taxes. The company used a series of barely legal (and something not even that) loopholes and cleverly shifting profits from whatever country they earned them in, to low-tax havens in countries they didn’t. This seems to especially be true overseas, where McDonald’s is looking at charges that they stole a billion euros ($1.1 billion American) from the European Union by sending their profits through Luxembourg, a country barely big enough to physically store all that money. Australia claims McDonald’s did the same thing there, sending their profits through Singapore and magically pocketing about a half billion in would-be taxes.
Even Brazil has a McBone to pick with the company, claiming they regularly bribe tax officials for minor favors like, oh, ignoring all laws so suddenly the company pays fewer taxes with no issues. But hey, they might have to charge ten extra cents per box of nuggets if they can’t deprive the world’s schools and hospitals of much-needed funding, and we can’t have that.
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For some reason, enough people hit McDonald’s with their health in mind for the company to make mad bank selling food meant to trim your waistline on the cheap. That sounds great, except that it’s wrong in every conceivable way. The chicken kale Caesar salad, for example, clocks in at a cool 730 calories, 53 grams of fat, and 1,400 milligrams of sodium—numbers that absolutely should not be attached to a bunch of leaves. For comparison’s sake, a Double Big Mac has 680 calories and 1,340 mgs of sodium, meaning they’re touting a healthy salad that’s unhealthier than their unhealthiest hunk of cow. But don’t worry, you can skip the dressing, eat a plain dry salad, and save 200 calories, so now it’s only unhealthier than a single Big Mac. Small victories are still victories.
For the breakfast crowd, McDonald’s oatmeal has got you covered, and hornswoggled. Thanks to “fun” additives like cream, “natural flavor,” and sugar, the McOatmeal clocks in at 290 calories, with 32 sugar grams. You would literally do better with candy for breakfast—a regular-size Snickers bar, for example, only has 280 calories and 30 grams of sugar. Plus, Snickers doesn’t pretend to be anything it’s not. You can trust a Snickers bar, unlike anything Ronald McDonald touts as good for your abs.
They’ll sue anyone with the gall to run a business with ‘Mc’ or ‘Mac’ in its name
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Once you get greedy enough, any threat to even a dime of your profit must be fought tooth-and-nail, even if it means losing more money to lawyers than you ever would’ve to the “competition.” It’s the principle that counts. In this case, we have McDonald’s going after literally any small business that uses “Mc” or “Mac,” because that’s their thing, and they don’t customers getting confused by seeing it anywhere else. The customer is apparently both always right, and the dumbest people on the planet.
Sometimes, they sue fast food joints, like McJoy in the Philippines or Mac Dooglas in Colombia (which was destroying McDonald’s bottom line with three whole restaurants in a tiny village no one outside the tiny village had even heard of.) But other times they just get petty, like when they sued a coffee shop called McCoffee—which had that name for 17 years—until they finally agreed to change their name and stop leeching tens of dollars from poor little McDonald’s. Though probably the stupidest case was when they went after a hot dog stand called McAllan. Like, a single hot dog stand, which is a product McDonald’s doesn’t even serve. That’s like Budweiser suing some kid’s lemonade stand. They lost that case, after the judge returned with a verdict of “really?” But usually, McDonald’s wins hands-down, valiantly beating back the evil little guy with the almighty power of Unlimited Wealth.
McDonald’s would rather use self-serve kiosks than pay employees a higher wage
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Does McDonald’s food actually taste good? Who cares? It’s cheap! One of the primary ways that McDonald’s pulls that off is by paying the majority of its employees the least that it’s legally allowed to do so. In most places, that’s right at, or close to, the federal standard of just $7.25 an hour, an amount economic experts prefer to as “a complete tease.”
However, many cities and states have recently opted to raise their local minimum wages, in the hopes that workers can finally afford more than a closet inside a studio apartment. In Arizona and Colorado, it’s set to rise to $12 an hour, Washington’s will soon be $13.50 per hour, and Los Angeles workers will get a minimum of 15 bucks an hour. These states that have the audacity to pay workers a living wage could severely cut into McDonald’s bottom line, so the company has responded by threatening to replace its employees with robots: specifically, self-service kiosks. Robots work for free! At least, until the Uprising.
Here’s how it works: Customers come into a McDonald’s, enter their order on a touchscreen, the company CEO buys another 500-foot yacht and vacations in Bermuda. RoboClerk then sends the order to the kitchen, where an actual human (for now) puts the food together. Yes, they do have to pay somebody for that job (for now), but it does mean McDonald’s no longer has to staff a person at the counter—a great savings to the company, even at minimum wage.
They’ll roll these kiosks out nationally and internationally, if they prove to be efficient and cost-effective in test runs. What a golden time the future will be, when a screen instead of a human will ask “do you want fries with that?”
Their burgers don’t decompose
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Burgers taste best when they’re hot and freshly prepared, but if you order those things at Mickey D’s and for some reason can’t get to them for a while, like say, a few months, don’t worry about it, they’re still “fine.” Or at least, they look fine. Eerily, McDonald’s small hamburgers don’t seem to rot at a regular pace. Or much at all, really.
In 2008, a health blogger named Karen Hanrahan posted a photo of a McDonald’s hamburger … that she’d bought in 1996 and saved, just to see what would happen. What happened is that, after twelve years, it looked the same as it looked in 1996, and it also looked the same as a brand-new McDonald’s hamburger.
Hanrahan argued that the immortality of the burger must be due to the vast array of preservatives in the burger, which rendered it “chemical food” that lacked any sort of natural nutrition. But according to food scientist J. Kenji Lopez-Alt, writing for Serious Eats, regular McDonald’s hamburgers don’t decompose normally because they don’t — and can’t — dry out. A typical McBurger is a non-perishable food on the level of dried beans, saltines, and other pantry staples. Paranoid of the apocalypse? Building a fallout shelter? Install a McDonald’s. Wasteland be damned, you’ll never starve.
How is this possible, though? Simple — there’s nothing to dry. A small McDonald’s hamburger is thin but flat, making for a high surface area-to-volume ratio. Then, it’s cooked until well-done on a hot grill, sucking out all the tasty, delicious, mortal moisture. No moisture means no bacteria—decaying agents—can propagate. Ever. And thus, the food lasts forever. Basically, you’re eating a mummy.
The company receives hundreds of millions in government cheese
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The 2015 launch of all-day breakfast at McDonald’s led to two things: the meaningless of time, with regards to breakfast being a morning thing, and increased sales at McDonald’s nationwide. During the last quarter of that year, the company raked in a whopping $6.22 billion, attributable largely to the novelty of being served an English muffin with eggs on it just in time for Jeopardy!
That being said, it’s much easier for a company to rake in the profits if they’re getting free money from the government so it can play with its menu and experiment with late-evening hash browns. And they do — between 2003 and 2013, McDonald’s got subsidies from 42 state and city governments totaling nearly $4 million. McDonald’s even got a piece of the big federal “bailout” package in 2008 and 2009: a $203 million piece to be exact. McDonald’s: Too big to fail, and as long as government fatcats get literally fat off of midnight snack McGriddles, it never, ever will.
There’s a whole herd of cattle in that one burger
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McDonald’s store signs claim “billions and billions served,” which means the number of burgers sold as much as it does the customers who have eaten those burgers. To serve that many burgers, McDonald’s has to slaughter and prepare an incredibly high volume of cattle in incredibly large and sophisticated meat-processing facilities. McDonald’s calls this burger creation the “blending process,” and it somehow gets more appetizing when you learn the step-by-step process.
In a nutshell, just so, so many cows are slaughtered. Their meat gets mixed together, and then formed into patties, but it’s done so haphazardly that a single beef patty may contain the meat of up to 100 different cows. A Bessie is a Bessie is a Bessie, apparently. But hey, even if you eat nothing but McDonald’s burgers, you’re still eating a wide variety of food from all over the globe.
The truth behind the “hot coffee” lawsuit
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It’s the case most associated with “frivolous lawsuits” or an overly litigious society: the woman who successfully sued McDonald’s after she went and spilled a cup of their coffee on herself. The reality of the case, however, is quite complex, and, frankly, horrifying.
In 1992, 79-year-old Stella Liebeck went through a McDonald’s drive-through and pulled up on the lid to put in some cream—which, you know, cools it down—and wound up dumping it all over her sweatpants-covered lower half. But coffee, especially McDonald’s coffee, is hot: Even with clothes on, the brown stuff caused third-degree burns on over 16 percent of Liebeck’s body, including her thighs and genitals, burning the skin away completely in some places. During her eight-day hospitalization Liebeck underwent painful skin graft surgery.
Liebeck sued McDonald’s, initially wanting just $20,000 to cover medical costs and lost income during her recovery. That’s not so bad, but as we’ve made perfectly clear thus far, McDonald’s is both cheap and petty. The company offered $800 (roughly 800 cups of McDonald’s coffee), which was so insulting, Liebeck’s lawyers took them to court. Ultimately, she was awarded about $3 million by a jury who did find her partially responsible, because she pulled up on the lid too hard, but McDonald’s mostly responsible, for serving coffee way too hot for human consumption and/or handling.
Among the information that came out in the trial: McDonald’s required its restaurants to serve coffee at around 185 degrees, which is way hotter than what Mr. Coffee produces. In fact, a thermodynamics expert testified a liquid that temperature can burn through human skin in as little as two seconds. Even more shocking: In the decade before the Liebeck case, McDonald’s had received more than 700 complaints from people who had burned themselves on the coffee—and yet the company still refused to lower the temperature. They could’ve lost no money, then could’ve lost just 20 K, then lost 3 million, all because they were stubborn. Food, folks, and fantastic stupidity.
The weird history of Ronald McDonald
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It is seemingly impossible to escape the lure of McDonald’s. Much like Jason Voorhees, run as hard as you want, but everywhere you turn, there it is, staring at you with its golden arches. Resistance is futile. At the center of the McDonald’s universe, holding it all together for generations, is the cherry-red smile of the infamous Ronald McDonald. While the mere mention of McDonald’s invokes images of pure Americana, Ronald’s white face-paint, carrot-top hair and peering smile masks a more oddball history. Grab your fries, kids.
Ronald was a replacement
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Let the truth be told: Ronald started life as a scab.
In the Washington, D.C., area, Bozo the Clown, a children’s TV character that was franchised locally and played by different performers in different markets, was used to help promote the local McDonald’s franchise, owned by Oscar Goldstein and John Gibson. When Bozo went off the air in the D.C. marketplace, “Ronald McDonald, the Hamburger-Happy Clown” appeared faster than The Fresh Prince of Bel-Air could recast Aunt Viv. One second, Bozo was there, then Ronald burst upon the scene. Gullible children were none the wiser, and they continued to gobble burgers.
Clad in a yellow jumpsuit and striped shirt, early Ronald wore a paper cup for a nose and a tray for a hat while a complete McDonald’s meal hung from his belt buckle. Today, the Fashion Police would be blasting sirens, but the 1960s were a more colorful and accepting time. At least for clowns.
While Bozo faded into the past as a warmly-regarded nostalgia act, Ronald began to build his empire upon the foundation his predecessor had left behind. After just three local D.C. commercials, the clown was plucked from obscurity to star in national commercials. A star was born, but poor Bozo would never be publicly credited as Ronald’s forefather. Pie to the face for you, Bozo!
His creator was ignored for decades!
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While credited by McDonald’s as the first performer to portray Ronald McDonald, the fast food kings have been less than forthcoming with the role famous television weatherman Willard Scott had in creating Ronald. They never told you the truth, Ronald. He is your father.
In his 1982 book Joy of Living, Scott wrote that the owners of the local Washington, D.C., McDonald’s franchise hired him to come up with the burger-boosting replacement for Bozo the Clown. A local radio personality at the time, Scott took center stage in a trio of McDonald’s commercials as the clown, including one ensuring the flower power generation was indeed aware of Stranger Danger.
Ray Kroc, responsible for the franchise’s expansion nationally and beyond, sensed potential, promoting Ronald to national mascot. Scott, however, was cast aside, and the role was recast. Much as Kroc left the McDonald brothers in the dust, Ronald abandoned Scott, who was uncredited for the role he originated, without as much as an Extra Value Meal to show for it.
Scott famously had a decades-long run as an NBC weatherman, but even he couldn’t forecast that after he went public with his claims, McDonald’s would remain silent, beyond a brief acknowledgement Scott was the first to portray Ronald. Brrrr. Talk about a cold front. Even more insulting, the official credit for Ronald’s creation went to Oscar Goldstein, one of the franchise owners that tapped Scott to create Ronald to begin with.
Scott’s role would continue to be ignored until March 2000, when NBC’s Today Show aired a tribute to Scott that featured Henry Gonzalez, at the time President of McDonald’s Northeast Division, finally thanking Scott for his role in creating Ronald. Scott would retire from television in 2015, but had he received royalties for siring Ronald, certainly he’d have been long gone, lounging on some giant tropical island and basking in all his creative glory.
His best friend was evil
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Everyone loves Grimace. He’s Ronald’s best friend, that jovial blob who popularized purple decades before Prince was singing about rain. However, it’s been a deep-harbored secret that Grimace was not always as fun-loving — he used to be straight-up evil.
Evil Grimace, as he was originally coined, debuted as a four-armed thief out to steal milkshakes and sodas, only to be thwarted by Ronald, who tricked him into leaving all of the stolen goods behind by pretending to be a mailman delivering a fake invitation for a McDonald’s beauty contest. Yes, this is how they sold burgers in the ’70s. Groovy, man.
While Grimace may have been the scourge of McDonaldland when he debuted back in 1971, his reign of terror did not last long. After a few appearances, he was retconned into the dim-witted, happy right-hand man for Ronald we know today. They even cut off two of his arms.
Exactly how this happened in-universe has never been revealed. Was Evil Grimace apprehended and reprogrammed, A Clockwork Orange-style? McDonald’s isn’t talking, but it’s possible. Such treatment might kill a mere mortal, for as we know, nothing can kill the Grimace.
He lived in a psychedelic nightmare
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Everyone needs a place to hang their hat, right? Spokesclowns are no different, and in trippy days of the 1970s, his home, McDonaldland, was revealed. Featuring anthropomorphic characters designed to espouse the enrichment of the world through fast food, McDonaldland was complete sensory overload to children, with bright, colorful characters that looked as if they escaped Disney purgatory. Even better, you didn’t need to go on vacation to see them — they were broadcast right to you, originally in a memorable series of commercials, before evolving into VHS adventures that McDonald’s used to enrapture guests at children’s birthday parties, along with some of the trippiest playgrounds of all time.
Presided over by Mayor McCheese, a politician who remains so beloved he was actually endorsed in the 2016 Presidential Election, McDonaldland was a fantastic fever dream, filled with apple pie trees and thick shake volcanoes — the magical place where Ronald and Grimace foiled the sinister plots of Hamburglar and others who sought to swipe McDonald’s meals for themselves. These colossal battles of good vs. evil deftly balanced delivering moral lessons to kids while also accomplishing their true task: They Live-style subliminal advertising that McDonald’s is yummy and awesome and kids should ask for it all the time. Indoctrinating the young is the key to repeat business. Ask the WWE.
Like Atlantis before it, McDonaldland was lost to time and the ever-changing whims of corporate America. Modern campaigns put the gang out to pasture. Still, future civilizations may one day come across the ruins of McDonaldland and assume we worshiped at the altar of a crazy clown in a yellow jumpsuit. Stranger things, indeed.
He was sued by H.R. Pufnstuf
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When the McDonaldland ad campaign was launched, the colorful characters starring in madcap adventures certainly delighted thousands of children, but there was one family it didn’t delight — The Kroffts. Brothers Sid and Marty Krofft ruled over their own magical puppet kingdom, and were at the height of their popularity at the time. They were the kings of the psychedelic ’70s Saturday morning genre, so it was hardly a surprise when they were approached by McDonald’s ad agency Needham, Harper and Steers and asked to sprinkle some of that unbridled creativity over Ronald’s head. The two sides came to terms, but the agency soon yanked those plans.
So imagine The Kroffts’ surprise when McDonaldland debuted and Mayor McCheese bore a striking resemblance to their own top creation, H.R. Pufnstuf. To make matters worse, the Krofft brothers later learned some of their former employees had also worked on the campaign, and the Ice Capades later declined to renew the usage of Kroft characters, in favor of the McDonaldland copycats. Faster than you can say Freddy the Flute, a lawsuit was launched from the Land of the Lost, with all parties soon sitting before a magical jury that was to decree whether The Kroffts’ copyrights had been infringed.
The jury agreed with the Kroffts, but only awarded $50,000 in damages. Both sides flew like Birdie the Early Bird to an appeals court — The Kroffts, to get more of that Fry Guy cash, while McDonald’s, like Captain Crook, wanted to escape scot-free. Testimony indicated that representatives of Needham had toured Krofft HQ even after they had opted not to go with the family, leaving McDonald’s in quite the bind, legally. In the end, it was decided that The Kroffts were indeed owed some of that McDough, to the tune of $1,044,000. On top of that, McDonaldland commercials were shuttered. The Hamburglar did not escape this time, folks.
Moral of the story, kids? Who’s your friend when things get rough? Lawyers, that’s who.
McDonald’s tried to put a real-life Ronald McDonald out of business
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McDonald’s is extremely protective and litigious over their brand. Just open any business that features a “Mc” and watch McLawyers descend upon you for a McBeating. So, it probably came as no surprise when McDonald’s attempted to legally smack down Fairbury, Illinois, eatery McDonald’s Family Restaurant over the use of the McDonald’s name.
What was unique was that the owner and proprietor was one Ronald McDonald. No kidding. Ronald McDonald opened his 240-seat eatery in 1956. When corporate McDonalds became aware of this establishment, it began firing off legal letters and phone calls, warning the McDonald family that they were trading on McDonald’s good name. In response, the family slightly changed the title, removing the possessive “s” from their name.
Not good enough for McDonald’s: it then descended upon Fairbury and opened its own outlet, seeking to plant a flag and become the dominant local McDonald’s. It was McDavid vs. McGoliath, for the hearts and stomachs of fair Fairbury.
The battle lasted three years, and, despite their corporate might, McDonald’s found itself unable to uproot Ronald. They finally tapped out, shutting down their location. This led Ronald to snark, “Most of our customers tried it once and never went back. They say they don’t miss it and they are glad we won out.” A McDonald’s spokesperson gave it their best spin, noting, “Closings rarely happen, because we are normally very good at site evaluation.” Hey, Mike Tyson was great at knocking people out, too, but then he met Buster Douglas.
Victorious, Ronald even kicked a little dirt on his clownish cousin post-victory, adding the possessive “s” right back to the name of his own eatery, where it has remained to this very day. Fairbury remains McNugget-free for two decades and counting.
The Hamburglar is real
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Debuting in 1971, the Hamburglar joined the Ronald’s rogue’s gallery, attempting, over and over, to commit grand theft burger and hoard McDonaldland’s finest all for himself, but falling short every time. He’s received a few makeovers over the years, going from red-headed stepchild to his most recent incarnation, where he came to life and swapped his trademark bush hat for a Twitter-trending fedora, until dropping off the radar again. Or did he?
In April 2016, international headlines were made when a mysterious hat-wearing suspect broke into a Five Guys restaurant in the Washington, D.C., area and promptly cooked himself a meal. Despite calls to the public for help in identifying this hardened criminal, authorities were unable to apprehend this menace to society. Officer Big Mac, asleep on the job. Robble robble!
The McMarketing may have gotten out of hand
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Ronald and McDonaldland were specifically designed to market McDonald’s to children, and in that regard, it did gangbuster business, not only in keeping registers ringing across the country, but in getting the characters out of the restaurants and into the hands of children as tangible playthings. There were action figures, plush dolls, McWrist Wallets, novelty records, McDonaldland playsets, VHS tapes, and playgrounds, some of which as dangerous as they were colorful.
In the late-’80s and early-’90s, that weirdness spread to the world of videogames. There was 1993’s McDonald’s Treasure Land Adventure for the Sega Genesis, where Ronald fights off pirates en route to tracking down a treasure map so they could return home via an intergalactic rainbow. Or, 1992’s multi-platform MC Kids, where our heroes chase down Ronald’s magic bag after it was stolen by the Hamburglar. Does Felix the Cat know about this?
All of this madness pales in comparison to the insanity of 1988’s Japanese Famicom-only title Donald Land, where Ronald has to rescue all of his kidnapped friends from an evil clown named Gumon, fighting his own brainwashed friends and evil animals along the way. How did corporate approve this?
The licensing of Ronald across the board was all over the place, to be sure, but hey, it doesn’t matter what we think. He’s enshrined in the National Museum of American History — at least in doll form — forever, and we’re not. So there.
He’s a failed actor
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While he’s starred in countless commercials and home videos designed to build upon McDonald’s propaganda, Ronald is also a failed film actor, with just one lone credit to his name. Box office bomb Mac & Me was released in 1988 as an attempt to cash-in on the hot alien craze that followed the release of Spielberg classic E.T. the Extra-Terrestrial. One can almost smell Hollywood deal-making in the air as the film unspools, taking the E.T. plot point that used Reese’s Pieces to forge a bond between E.T. and Elliot, only attempting to Xerox that strategy to the umpteenth degree, throwing in any and all product placement the producers could force-feed the audience.
None of these attempts are more traumatizing than an entire sequence that takes place at a mythical McDonald’s, where local children have congregated outside to break-dance. Ronald himself is there as the master of ceremonies for a children’s birthday party that our hero, Eric, attends, secretly bringing his alien pal Mac along for the ride. With Mac safely hidden inside the skin of a teddy bear, this fever dream of a sequence leads to a huge dance number, because, well, it’s the ’80s.
Ronald was heavily involved in promoting the film, but, in the end, it’s become a forgotten relic of the era, sucking the life out of viewers and Ronald’s cinematic dreams alike. The Flashdance reboot will have to wait. Until that day, Ronald will have to settle for motivational speaking gigs.
There have been calls for his retirement
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Ronald has been around for generations, a welcoming face to wave families in the door before they scarf down their McNuggets. In recent years, however, his once rock-solid show of support has slipped. As Aaron Eckhart famously said in The Dark Knight, “You either die a hero or live long enough to see yourself become the villain.” To some, Ronald has become the sneaky villain, tricking generations into making terrible choices, like that last shot at closing time.
“This clown is no friend to our children or their health,” proclaimed Corporate Accountability International, who called for Ronald’s unceremonious retirement in 2010, bemoaning him as the key ingredient in the secret sauce of obesity. To some, Ronald, not irresponsible parenting, was the root cause of a fast food nation brimming with health issues.
While McDonald’s did blink, in some regard, adding healthier fare on their menu, and introducing a slightly more grown-up hipster Ronald, in the end, the Southwest Salad and dialing down the kid-friendliness did little to change a nation’s craving for a late night Big Mac. Pass the diabetes.
Creepy clowns almost did him in
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Every Superman has his kryptonite. In 2016, it appears that Ronald McDonald’s was discovered: creepy clowns. For inexplicable reasons, a plethora of creepy clowns descended upon planet Earth, popping up in major metropolitan cities and quiet towns alike.
Although there was no evidence that Ronald was culpable in this rising army of sinister clowns, he still shouldered some of the blame, since, for the first time, McDonald’s decided it was going to distance itself. Admitting it was “mindful of the current climate around clown sightings in communities,” the company opted to downplay Ronald’s appearances in the company’s many community and charity events. Although innocent, he was a persecuted clown.
Eventually, the sightings diminished, yet Ronald remains relegated to the shadows, his commercial run apparently far behind him. Until the tides change, one envisions him quietly waiting for the day when he gets to hold court while championing Big Macs yet again. Until then, tears of a clown. An innocent clown. Or was he?
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kit757 ¡ 3 years ago
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Nextdoor and all it's Glory
Heads up slightly political.....
So I posted this to Nextdoor and thought it was a pretty good rant and wanted to share. First some back story. Some one inquired as to why a restaurant didn't open that night. The answer was that their food and employees didn't show up. To me this means that they either A. Don't pay their employees enough to show up, or B. They did not pay the food people enough money to bring them food. But alas rural GA did not feel this way, oh no. The reason this happened, is of course because the government is paying people unemployment to sit at home.
The post that started it all.....
Susan- What happened to Bone Grill? Went there this evening Saturday 5/29 and there’s paper on the doors and parking lot empty ! It’s Memorial Day weekend
Karen- Sadly, businesses can’t survive when our government pays people more to stay at home than to work.
Other Karen- you got that right!!!
Me- With all due respect. That is 100% not true. You know the max unemployment in GA is $365 a week right? The min is $55 a week. No ones getting rich. People are just leaving the hospitality industry and going to other jobs that pay them more and they don’t have to deal with the general public who were awful to them during the pandemic. It has been proven, in multiple studies, that if you pay people a livable wage, you will get employees and still be a profitable restaurant. Sounds like this restaurant just needs to get with the times. It’s their own darn fault if they refuse to pay a livable wage that they can’t get people.
Karen the 3rd- Yeah but with the extra $300 from the pandemic it's $665 to stay home. Thankfully Kemp is putting an end to that.
Me-Dude the average cost of rent in GA is $1,500 a month with no utilities included. So if you are single and living on your own, sure $665 a week is a bare min in order to feed and house yourself. Now picture if this individual has a kid? Not enough money at all. So before you praise Kemp for taking away money that’s not even his, think about that kid that’s now going to be starving while you feel all high and mighty about taking away Federal funds.
Karen the 3rd- If your unemployed then you are getting food stamps. Too many places need employees. Work two jobs if you have to ( I do) not the tax payers responsibility to support all these people who would rather sit home and make over $600 a week.
Me- You don’t automatically get food stamps if you are on unemployment that’s 100% false. Also, why should you have to work 2 jobs? You shouldn’t have to! You should be able, in American, to work 1 job 40hrs a week and make enough money to live and thrive. This “work till you drop” mentality is killing people! This generation living right now is the first that is expected to have a shorter lifespan than the previous ones and it is linked to (well lack of health care but that a whole different rant) but literally having to work yourself to death to live.
Karen the 3rd and I then got into a life expectancy debate that she regrettably won. I was 100% sure I was right on it decreasing for millennials but alas could not find the data to go along with it.
Me-based on that data you are totally right! I miss quoted my facts and I’m sorry. I had heard it on the news and not done any further research and I am glad you proved me false. However, where I think that come from are some additional factual data that the American life expectancy is the lowest in almost all first world nations. It’s due to a lot of awful things but poverty and income inequality is a HUGE reason.
Karen the 3rd- posting research here that would indicate the decrease is due to drug addiction/suicide, not work. Also, despite these factors the life expectancy is significantly higher than prior generations.
Me-Well this says over working causes Suicide. So we can chicken and egg death or just agree it’s all messed up and there should be a solution. :)
Now on to our lovely John. Not quite a Karen but still has some wild posts on other threads.
John-No doubt life can be tough. I hate there are people who can’t live a good life. However, I always am curious as to how much money people think they need monthly? How does the average person want to handle and spend on monthly premiums for their healthcare? Do people think entry level jobs should provide a good lifestyle? What are people willing to sacrifice as they work entry level jobs.. in hopes of attaining a better job and future? Anything? My parents were poor and did not have a high school education. On Thursday nights.. they ate no supper. They saw that I ate Thursday supper. Why? Because my Dad was paid on Friday at the end of the day. They had no money for themselves by Thursday night. I detest a situation where children go without. I’m lucky my parents taught me the value of a $ and taught me to not live beyond my means. I hope everyone who wants to work and to improve their lot in life are successful. I have a tremendous amount of respect for people who work hard. Those who don’t work hard and expect the government to take care of them.. I don’t respect that CHOICE. To all the workers out there.. 🖖Live long and prosper.
And now for what I think is my mike drop moment!
Me-First I am so sorry your family had those struggles with you growing up. In a first world nation (or really anywhere in an ideal world) that should never happen. As for what the min income should be, models can be found online for each state documenting what that should look like. I don’t need to remake the wheel here. :) Some go as low as $33,000 up to $70,000 depending on the area. (GA min wage right now is at $15,080 a year at 40hrs a week) My point is we should strive to be better as a country! When did we start accepting the bare min standard of living with minimal pay and minimal social services? Why can’t we standardize a 40hr well paid work week as the standard? Think of what that would allow people to do and how that would change GA? People able to spend time with their kids and teach them=less crime. People able to take a break for mental and physical health= longer life and less healthcare costs. The benefits wouldn’t end there.
The human default isn’t to be lazy. And to default to that being everyone’s answer as to why we should cut off unemployment because people don’t want to work in crappy minimum wage service jobs is a disservice to humanity as a whole. People need to have some compassion for other humans, which has been sorely lacking in America recently.
Barry-Food wasn’t good last time we were there, haven’t been back...
You had forgotten how this all started, didn't you! lol
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advertphoto ¡ 4 years ago
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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.
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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.
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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.
youtube
• 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.
youtube
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
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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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aretia ¡ 4 years ago
Text
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.
youtube
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.
youtube
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.
youtube
• 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.
youtube
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/
0 notes
melissawalker01 ¡ 4 years ago
Text
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.
youtube
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.
youtube
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.
youtube
• 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.
youtube
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
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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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asafeatherwould ¡ 4 years ago
Text
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.
youtube
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.
youtube
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.
youtube
• 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.
youtube
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/
0 notes
michaeljames1221 ¡ 4 years ago
Text
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.
youtube
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.
youtube
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.
youtube
• 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.
youtube
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
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mayarosa47 ¡ 4 years ago
Text
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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