Learn more about bankruptcy and domestic support obligations below.

Bankruptcy and Child Support

Overdue child support payments are not debts that can be forgiven. Child support is not a debt that can be escaped when a person files for bankruptcy. If your former spouse is no longer making child support payments, there are several methods to enforce these payments:

• • Garnishing wages
  • Withholding tax refunds
  • Suspension of occupational or business licenses
  • Revoking their driver’s license
  • Seizing property

If your former spouse still fails to make payments, the court may hold your former spouse in contempt of court, which can present significant consequences. If it comes to this, you will likely need the help of a knowledgeable and experienced family law attorney.

Bankruptcy and Alimony

Like child support, debts associated with alimony cannot typically be discharged. Although, there are some exceptions to the rule that may allow an obligor to discharge alimony when filing bankruptcy:

1. If your divorce decree does not explicitly specify that an obligation to a former spouse is alimony, then it may be dischargeable in bankruptcy. Meaning, if the obligation is not actually alimony, it can be discharged. For instance, if your divorce decree says that one spouse must make payments towards a marital debt and that this payment shall be treated as alimony, the spouse may be able to discharge that debt in bankruptcy as it is technically a non-alimony debt.

2. If the alimony is awarded to a third party, alimony may be dischargeable in bankruptcy. If the payments are not directly for the benefit of the spouse, these debts may be forgiven.

Child Support and Alimony and the Automatic Stay

When an individual files for bankruptcy, an automatic stay is put into place. An automatic stay prohibits creditors and collection agencies from collecting payments. All phone calls and letters seeking repayment must stop. However, an automatic stay does not apply to child support nor alimony. This means all future and back child support and alimony payments must still be paid in full, and efforts to collect these payments are still legal.

Contact The Ault Firm

Child support or alimony are not dischargeable debts. If you need assistance and representation getting your former spouse to make their payments or need to modify the terms laid out in your divorce decree, contact The Ault Firm. If you are in Salt Lake City, West Jordan, or the surrounding area and require a knowledgeable lawyer, contact our experienced team of professionals. We strive to protect your rights, keep your best interest in mind, and work tirelessly to put you in the best position to succeed. Contact us today to schedule your case review.

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Alimony is the support and maintenance of a former spouse, either by lump sum or continuingly. The supporting spouse pays this payment to the dependent spouse. In general, a spouse is dependent when he or she makes less money than the other spouse. 

When two parents are no longer living together, child support, a form of support payment, is required. Both parents need to support their children so that those children do not become wards of the state and so they are not dependent upon state-run welfare or support programs. 

Misconceptions About Women Paying Alimony 

Because of television and movies, people are under the impression that men are the only ones who pay alimony. Women have been paying alimony since 1979 when the U.S Supreme Court ruled in a landmark decision that alimony should be gender-neutral. Another misconception about alimony is that men always have to pay it because they are the primary earners in a household. This myth could not be further from the truth, as more women are climbing up the workplace ladder. 

According to the Bureau of Labor and Statistics, 28% of American women now earn more than their husbands. Furthermore, there are now 1.9 million stay-at-home dads, which has risen drastically since the 1970s. Men who were too scared to ask for alimony because of societal gender roles are no longer afraid to seek help. According to the last census in 2010, 3% of all alimony recipients were men, but that number has increased in the last decade. 

Misconceptions About Women Paying Child Support

In the past, there were misconceptions that mothers always got full custody of their children and that fathers always had to pay child support. Times have certainly changed, and men today don’t always end up paying child support. This is especially the case if the father has primary custody of the minor children, and if they were not the breadwinners of the house. In some marriages, the woman works and brings home an income while the man stays home with the children.

If a woman is not a child’s primary custodial parent, she will be ordered to pay child support. Just like alimony, women paying child support has become a trend, with divorce lawyers seeing an increase in mothers who are ordered to pay child support. 

Understanding how alimony and divorce can impact your financial future is difficult because it depends on your state’s laws. If you’re a resident of Utah who lives in the Salt Lake City area and needs an experienced divorce attorney, contact The Ault Firm today. 

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Explaining your divorce to your children was difficult enough, and now you worry that their chance for success in the future is uncertain because your ex-spouse is neglecting to pay their child support. Your former spouse is adding more strain to the divorce, and they don’t consider how missed child support payments affect their children. 

Child support is essential for the future of your children because it covers a broad range of expenses such as medical care, childcare, education fees, transportation, entertainment, and so much more. Although your ex-spouse might be neglecting their child support payments to get under your skin, they cannot legally get away with this. Utah family court takes child support payments very seriously, and you can hold your former spouse in contempt for disobeying the court’s orders. 

Make Sure You Have a Child Support Order

The first step to making your ex pay their fair share is to have an order signed by a judge that requires the non-custodial parent to make payments. Until your former spouse has a requirement, they don’t legally have to pay child support. Without an official payment requirement, you are relying on the good graces of your ex to pay on their own; this won’t get you very far. If your ex was already mandated by the court to pay child support and they haven’t kept up with their mandate, then your ex is violating a judicial order and it’s time for you to gather the evidence. 

Collect Records That Prove Non-Payment

Gathering proof of payment records shouldn’t be too hard to do because your ex should be paying by either check, money order, or transferring the payment to your bank account. If your ex-spouse is supposed to be paying their child support by either check or money order, go online and pull up records from your bank that proves that the child support payment has not been deposited to your bank account. Specifically, attain the records for the time period in question. Deposits for most banks are listed at the top of each monthly statement, and a quick review of records will prove that child support payments were not made. 

Ask for An Income Withholding Order

If a significant amount of time has passed and you still haven’t heard from your ex-spouse, it’s time to cut them out as the middleman and get the money directly from their employer through an income withholding order. An income withholding order is an approved method to automatically require an employer to deduct a certain amount on a monthly basis from your ex’s pay before their paycheck or direct deposit goes out. This can be done with a simple order executed by the judge, and the process will take 6-8 weeks to complete. 

There’s already a long list of other matters you’re worried about regarding your divorce, and child support should not be one of them. Don’t confront your former spouse on your own, solicit the legal help of an experienced divorce attorney who will hold your former spouse accountable. Contact The Ault Firm today. 

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When You Owe Child Support

When you begin owing child support, this can become a major expense. That payment can seem like an obstacle that cannot be conquered.  Here are some tips that can ease your anxieties and make this obstacle easier to overcome:

1. List your fixed and variable expenses.

Your fixed expenses are the expenses that stay the same from month to month (mortgage or rent payment, car payment, utility bills, etc.). Write down all of your fixed expenses and look to see if there are areas where you can make cuts such as a cheaper phone, internet, or cable TV plan. Next, make a list of non-essential or variable expenses. Review those and see where you can make additional cuts. Eating out, gym memberships, and car washes are all examples of expenses that can be cut or made cheaper.

2. Set up a regular payment plan.

In life, there are many bills that need to be paid and your money may be stretched in every direction. Setting up a regular payment plan can ease your mind about child support payments. Payment plans make sure that your child support is paid on time. They will also help you avoid the harsh penalties that come with missed payments such as license suspension and incarceration. These regular payments can be set up at your local bank or at The Office of Child Support Enforcement.

3. If your circumstances have changed, request a child support modification.

Let’s face it, life can be a rollercoaster and changes can happen at the drop of a hat. If your situation has changed and you cannot afford to pay child support, visit your local Office of Child Support Enforcement (OCSE). Submit a modification request that will fit your current situation. Even if you are denied, those requests stay on file and could help you in future requests. Even if there is a month where you cannot afford to pay the whole amount owed, pay what you can to avoid harsh penalties.

When Receiving Child Support

When you start receiving child support payments, it can be difficult to understand the best ways to use this money. Here are some tips to best use this income:

1. Estimate the monthly costs of raising your children.

This is a good exercise to do to see how much you actually spend on raising your children. Use this as an action plan to decide the best way to divide up the money you are receiving. This will promote spending your child support money wisely and help you focus on raising your children.

2. Consider child support as extra money.

This may not be possible in every situation however, it is a good idea to create a budget where your child support payment is considered as extra income. Receiving your child support payments may become inconsistent which makes it difficult to rely on that money. When this money is considered extra, you can use it for the next month’s expenses or even for future educational endeavors.

Whether you are paying or receiving child support, budgeting for it can be complicated. By assessing your expenses and creating a plan, you can better arrange for this money to find a comfortable place in your budget.

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Remember that hard times don’t excuse your legal obligations.

Until things can get sorted out legally it is important to pay as much as you can. Judges and courts are more likely to view your case favorably if they are able to see that you still make good faith payments, rather than nothing at all.

Speak to your attorney right away

All too often the obligated party had their life circumstances change well before they brought it up to their attorney. Remember that nothing will change in your favor until your attorney drafts an Order to Modify Child Support or similar document on your behalf. We are not saying you should necessarily file if you got laid off unexpectedly, but will be able to get a new job within a few weeks. However, you might be in a place where it is a necessity if you are now on permanent disability or have been unemployed for an extended amount of time.

Keep everyone up to date and informed

It is important that you are able to document your situation. This means keep a detailed record of your costs and medical bills should that be part of the reason why you are having troubles paying your child support. The more you are able to show your situation has changed the more likely it will be that judges are sympathetic to your issues. Even though you may be going through a difficult situation, ignoring the problem won’t’ fix anything. Don’t let your payments get in arrears without speaking to a local child custody attorney. If you are having problems paying your child support and would like to receive a case review contact our office today.

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The partial government shutdown, which was caused by Congress’s failure to pass a spending bill over President Donald Trump’s demand to include $5 billion for his border wall project, wouldn’t be the most talked-about topic during this holiday season if it did not affect millions of American families.

The government shutdown’s impact on child support

As you may have heard by now, some more than 420,000 federal employees will continue to work during the partial government shutdown, while another 380,000 government workers are expected to be furloughed. In addition to that, dozens of federal agencies and departments will be either running on limited staff or closed until the shutdown ends.

The government shutdown has kept our Salt Lake City child support attorney from The Ault Firm busy as well. In case you are wondering, our lawyer was about to embark on his well-deserved holiday vacation when the news about the government shutdown broke in the media. Luckily for you, our divorce lawyer Salt Lake City is going to explain how the partial government shutdown, which could last well into 2019, can affect your child support payments.

Will the government shutdown affect child support payments?

One of the most common questions asked by parents receiving child support amid the government shutdown is whether child support payments will still be sent out during the shutdown. Another question on every payor’s mind is whether they will still be required to make child support payments during the partial government shutdown.

The latter question makes sense especially if you are one of those over 380,000 federal employees who have been placed on temporary leave during the government shutdown. After all, if you stopped receiving your paychecks, how are you supposed to keep making child support payments while still having to afford the cost of living and buy Christmas presents, food, water and other essential items for yourself?

Generally, child support payments are governed by your respective state. In our case, we are talking about the state of Utah. The federal government can and does get involved to enforce or collect child support only in limited situations.

“Therefore,” explains our experienced child support attorney in Salt Lake City, “The partial government shutdown will most likely not meddle with the child support system, and receiving parents will most likely be able to collect child support payments without any delays as if there is no government shutdown.”

Unless, of course, the payor gets too carried away in the news surrounding the government shutdown and forgets about making a child support payment in time.

Requesting a child support modification if you were furloughed

However, the partial government shutdown is expected to have an indirect impact on child support payments in Utah. Let’s not forget that some 380,000 federal workers will be placed on temporary leave without receiving pay until the shutdown ends.

That means many of those who have been furloughed and have an obligation to make child support payments will not be receiving a paycheck during the partial government shutdown, which means they will most likely not be able to make child support payments or will make only partial payments.

“Even if you are a federal employee who has been put on furlough during the government shutdown, your child support order will remain in effect despite the shutdown,” warns our Salt Lake City child support lawyer at The Ault Firm. So what should you do if you can no longer make child support payments during the government shutdown in 2018 through 2019?

Our attorneys advise you to request a child support modification, but only if you can prove your financial hardship or any other “substantial change of circumstances.” Consult with our lawyers from The Ault Law Firm by calling at 801-539-9000. Get a free consultation.

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Our Divorce Attorneys at the Ault Firm, a Professional Corporation are very accepting of new clients. We don’t mean acceptance of their problem because that is what we work with, but we are very accepting to who our clients are as people. We understand the emotional stress and distress that comes with splitting up from an intimate partner because you are not alone. It is not an unfamiliar statistic: 40-50% of American marriage end in divorce. The rate increases for second and third marriages. This may not be comforting to read now, but it should bring some perspective. Divorce happens and if you are going to go through it for the first time why not choose professionals who also have the first-hand experience?

What To Expect When You Divorce

Our Salt Lake City Divorce Attorneys will help guide you through the legal process of divorce. Choosing to end the relationship is the worst part. Everything that comes afterward is part of how you choose to handle it and part how good your attorneys are fighting for you. In the state of Utah, it is required to go through mediation before you bring divorce issues to court. In these conversations, we will talk about alimony, property, and child support. All these conversations are separate issues in a divorce and require different amounts of money.

Be prepared. Divorce can be costly. Because our Divorce Attorneys have personal experience, we have come up with a system that creates flat fees for our clients to ensure that they are getting efficient representation for the best price. After working in the area of Salt Lake City for 11 years, Christopher Ault and his staff gathered all the divorce cases and assessed what the average cost was. They discovered that the cost for divorce didn’t really change over time nor did it change greatly from one case to the next. Therefore, it made sense, and order to be conscious of our clients’ financial status, we started to implement the flat fee.

Because we are so experienced in this field, we have flat fees for each aspect of divorce such as child custody or if divorce needs to go to mediation or court. This is why working with our Divorce Attorneys will work out the best for you. We know emotional the complexity of divorce, the legal documentation of divorce, but more importantly, we are sensitive to the financial piece of divorce. Please call 801-539-9000 or click here to discuss how we can better support you through this hard time in your life.

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This is the question our Salt Lake City child support attorney at The Ault Firm has recently received. “Hello, I’m trying to make sense of my current predicament regarding child support. I had a job when the divorce decree was final, and now I want to voluntarily quit my job to take care of my disabled child. But does it mean that my ex’s child support will increase since it was originally calculated based on his and my income? Put another way, will child support go up if the child becomes disabled and requires a higher level of care and the custodial parent is no longer able to work as a result? Thanks in advance. Best regards, Stacey.”

When voluntarily quitting your job is ‘self-impoverishing’

Thank you for your question, Stacey. First and foremost, your situation sounds a lot like you could be entitled to increase the amount of child support payments, because your situation may qualify as a “substantial change in circumstances” (a child becoming disabled and requiring a higher level of care from the custodial parent).

However, here’s why you might be entering a risky territory. Voluntarily quitting your job could be classified as “self-impoverishing” or “voluntarily impoverishing” yourself, which, if established by court, would bar you from seeking an increase in child support.

For this reason, it is highly advised that you consult with an experienced child support attorney in Salt Lake City or elsewhere in Utah before voluntarily quitting your job. You would not want to regret your decision when it is too late to get your job back.

Will child support go up if you voluntarily quit your job?

Under Utah law, if the costs of child care are equal to or exceed the amount of your current income, then it might make sense to voluntarily quit your job and provide the child with your personal care. In this situation, Utah family courts would typically agree that you, as a custodial parent, are not required to work to pay a third party or child care provider when it is cheaper and in the child’s best interests when the child care is provided by you.

Also, your decision to voluntarily quit your job will be justified by courts if you can prove that the child’s unusual emotional or physical needs require you, as a custodial parent, to be present at home or provide child care 24/7. In both situations, there is a high chance that you could modify the existing child support agreement and have the other parent’s child support obligation go up to compensate for your voluntary loss of income.

Quitting your job as a custodial and non-custodial parent is equally risky, as the court might consider your voluntary loss of employment as “self-impoverishment” for the purpose of not paying child support or, vice versa, receiving a higher amount of child support payments. Whatever is the case, get a free consultation from our Salt Lake City child support attorney from The Ault Firm. Call at 801-539-9000 to speak about your case.

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As we have moved into an era where women’s salaries are nudging closer to equality with men’s, often we see that women are the main breadwinners for a family.

“While men have almost always expected to pay alimony, many women still have a very difficult time accepting that this financial obligation might fall to them, said Madeline Marzano-Lesnevich.

We know that divorce is not something people plan on, but it is sometimes necessary. There are so many issues that need to be ironed out that it can be impossible to handle everything without skilled legal representation.

At the Ault Firm, our divorce attorneys in Salt Lake City can help you through the process.

Divorce Is Messy

Whether you have been together for a few years or a few decades, it is likely that separation will be messy. The Utah divorce rate is almost equal to the United States divorce rate, at around 3.6 divorces per 1,000 persons.

There are many things to consider in a divorce, but we want to talk three of the most common issues: child custody, child support, and alimony.

Child Support

Under Utah law, both parents are required to continue to support their children after a divorce. The court will look at many things when determining the amount each parent must pay. Much of this will have to do with where the child resides most of the time because that person will be paying more expenses already.

The court will also look closely at both parents’ incomes to determine a proper payment. Anytime either parents’ living situation changes (new job, lost job, new living situation, arrest) the amount can be adjusted by the court.

Child Custody

There are two kinds of child custody. Legal custody determines which parents gets to make legal decisions for the child. This includes things like their medical requirement and education. Physical custody deals with where the child will reside. Both types of custody can be sole and joint custody.

Alimony

The court will try to ensure that both parties maintain an equal lifestyle to the one they had during the marriage. If one party makes more than the other, they will likely be required to pay the other party alimony. This can be adjusted and has limits.

What You Can Do

Divorce is difficult for everyone involved and if there are children, the situation becomes even harder to deal with. The legal complexities of divorce make it difficult to handle without a skilled team working with you. That is why the Ault Firm wants to help. When you need a Salt Lake City divorce attorney, we will be here to ensure that you are treated fairly. Do not let your spouse take your children or force you to overpay alimony and child support. You can contact us by clicking here or calling 801-539-9000 for a free consultation.

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Their child custody case is playing out on the national stage and has become a spectacle, but we want to make sure you realize that this is serious. They have six children who have to watch their parents battle each other on the news each night. This is not something they will forget.

Similarly, divorce for anyone is a messy situation. When children are involved, it is in the best interest for everyone involved to figure out child custody and child support issues quietly, amicably, and with good legal assistance. This is a time of upheaval for the children, so both parents should do everything they can to keep things as normal as possible.

At the Ault Firm, our goal is to treat everyone in a divorce fairly. If children are involved, we will work tirelessly to make sure the best outcome is reached.

What Is At Stake?

Regardless of how long the marriage lasted, if there are children involved, separation is not as easy as going to the mandated mediation and waiting.

Utah law requires that both parents continue to support the child after a divorce, regardless of what custody arrangements are made.

Child support payments are mandated so that the child is cared for, not to punish one spouse or the other. The court will look at both parents’ incomes to determine an appropriate amount. They will examine where the child resides most of the time because the parents with primary custody will already be spending more to support the child.

Over time, one or both parents’ situation may change. Jobs may be lost or they may get promotions. The court can be petitioned to adjust child support payments up or down.

Child custody comes in a few forms: legal and physical custody.

Legal custody is granted to the parent who will make legal decisions for the child. This can include medical decisions and educational decisions, among other things. Physical custody deals with where the child will reside. Sole custody and physical custody can be granted in both, and they do not have to be the same. For example, one parent can have sole physical custody while both share joint legal custody.

Moving Forward From Here

Divorce is not easy, but with skilled legal representation, you can work to ensure you are being treated fairly. We know you love your children, that is why we want to help ensure that the appropriate custody and child support arrangements are made. At the Ault Firm, our team has compassion for these cases. When you need a Salt Lake City child custody or child support attorney, you can contact us by clicking here or calling 801-539-9000 for a free consultation.

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