Herriman Utah Divorce Attorney
Herriman is a city in southwestern Salt Lake County, Utah, United States. The population was 21,785 as of the 2010 census. Although Herriman was a town in 2000, it has since been classified as a fifth-class city by state law. The city has experienced rapid growth since incorporation in 1999, as its population was just 1,523 at the 2000 census. It grew from being the 111th-largest incorporated place in Utah in 2000 to the 32nd-largest in 2010. According to the United States Census Bureau, the city has a total area of 20.3 square miles (52.5 km²), all of it land. Herriman shares borders with Riverton to the east, South Jordan to the north, and Bluffdale to the southeast. As of the census of 2010, there were 21,785 people, 5,542 households, and 5,022 families residing in the town. The population density was 1075.0 people per square mile (64.5/km²).
There were 6,022 housing units at an average density of 297.2 per square mile (19.4/km²). The racial makeup of the town was 93.3% White, .3% Native American, 1.3% Asian, 0.5% Pacific Islander, .3% from other races, and 2.3% from two or more races. Hispanic or Latino of any race were 6.2% of the population. There were 5,542 households out of which 44.1% had children under the age of 18 living with them, 81.3% were married couples living together, 6.1% had a female householder with no husband present, and 9.4% were non-families. 6.5% of all households were made up of individuals and 1.0% had someone living alone who was 65 years of age or older. The average household size was 3.93 and the average family size was 4.13. In the town the population was spread out with 44.1% under the age of 18, 6.1% from 18 to 24, 29.0% from 25 to 44, 11.7% from 45 to 64, and 2.6% who were 65 years of age or older. The median age was 24.7 years. For every 100 females there were 102.4 males. For every 100 females age 18 and over, there were 100.7 males.
Alimony Modification or Termination in Herriman, Utah
Alimony comprises payments made by the “payor spouse” to financially support the less-prosperous “dependent spouse” after a divorce. Alimony is paid once, or on a recurrent basis. In Utah, alimony lasts the marriage’s length (i.e. spouse married for 8 years pays alimony for 8 years), but sometimes courts choose differing amounts of time. “Marital standard of living” during the separation period is a commonly used gauge for assigning requisite alimony, but certain conditions, like changes in spousal financial state from job loss or demotion, are taken into account at trial. The main goal, for children or lifestyle’s sake, is allowing the dependent spouse to live as comfortably as he/she did while married. If neither person can support him/herself plus care for another spouse, income equalization formulas evaluate appropriate alimony. Particularities alter how alimony is awarded. Numerous factors affect courts decisions, including:
• Length of union
• Cause of marital dissolution (e.g. one spouse was the primary catalyst of divorce through infidelity or abuse)
• Capacity to pay alimony
• Dependent spouse’s resources
• Custody, e.g. childcare the dependent spouse is responsible for
Courts have considerable leeway in determining allocation. For instance, if, during a long marriage, the payor spouse earned raises, got a better job, or completed higher education due to joint efforts in supporting the household, this may impact the alimony award because the recipient played a part in increasing earning potential.
Alimony Modification in Herriman, Utah
Modifying alimony results from large changes in one or both spouses’ situation. What constitutes a significant change?
• Remarriage: Unless spouses agreed to continuous alimony, the dependent spouse’s remarriage is cause for immediate termination. However, if spouses settled upon a lump sum or property transmission, payment must still be made. Payor spouse’s remarriage is rarely the reason for the modification.
• Cohabitation: According to Utah Code Section 30-3-5(10), if the dependent spouse lives with a romantic partner, alimony is severed. Since cohabitating couples likely support each other and alimony would assist someone other than the dependent spouse, the payor no longer shoulders the burden.
• Employment: Alimony may be reduced if the payor spouse loses a job. If the dependent cannot work, he/she may be entitled to increased alimony.
• Alteration in Monetary Conditions: Courts never force a spouse to pay alimony if that means he/she cannot be self-supporting. If either spouse is, through no personal fault, beset by a major crisis like damage to or loss of business, this might justify adjustment; if the situation improves, that may entail the restoration of original agreements.
• Retirement: A payor spouse’s retirement factors into lessening alimony.
• Sickness: In the event of chronic illness, the payor spouse’s alimony responsibilities may diminish. Conversely, seriously ailing dependent spouses may require more money. Death of either spouse ends alimony.
• Agreement: Divorce terms occasionally elaborate circumstances where alimony is modifiable, such as stopping alimony after retirement.
What To Do If Your Alimony Payments Are Too Expensive In Herriman, Utah?
Alimony, or spousal support, is meant to help divorced spouses maintain the standard of living they experienced during their marriage. There are many different kinds of alimony, and payments can last for months, years, or even decades depending on the details of the situation. While spousal support is a key part of divorce, many people run into problems when their alimony payments become too costly. Alimony is not a uniform, one-size-fits-all arrangement. Just the opposite, the court determines each alimony plan on a case-by-case basis. When determining how alimony should be set, the court will consider factors like:
• How long you and your spouse were married. (In the absence of extenuating circumstances, alimony is generally restricted to the length of the marriage itself. For example, if you were married for 10 years, your alimony would typically be limited to 10 years.)
• You and your spouse’s existing debts and financial resources. This could include income, inheritance, stocks, bonds, property, and other assets.
• You and your spouse’s ability to earn income. This factor in variables like age, work experience, education, and health.
• Whether there are minor children who need child support.
• Whether either parent has child custody and needs to cover costs like school supplies, food, and transportation.
• Whether either of the spouses engaged in behavior that led to the divorce (e.g. a fault divorce involving adultery).
Of course, the court will need accurate financial information to make an appropriate decision. Therefore, you will have to supply information about your debts, assets, and income, which is itemized in detail on a document called the Financial Declaration. The Financial Declaration also plays an important role when the court decides how property will be divided. It’s a common misconception that the husband always pays alimony, while the wife is always the recipient. In reality, alimony is based on the factors listed above not on gender. While alimony payments generally don’t start until the divorce has been finalized, the court may order temporary support payments while divorce proceedings are still underway.
How to Reduce Alimony Payments That Are Too High
The court determines alimony using the process described above, which means your payments should, at least theoretically, be set at a level your finances can reasonably accommodate. At the same time, a payor’s initial ability to provide alimony can later be impacted by issues like changes in health, changes in employment, or even changes in the recipient’s living situation. It’s a stressful situation when your alimony payments are too high, but don’t panic: the judiciary understands that circumstances can change with time, and the courts make accommodations for precisely this scenario. If you cannot afford to keep paying alimony at the same level, you may be able to reduce what you owe. The first step to reducing your alimony payments in Herriman is to contact an experienced alimony lawyer. To begin this process, you’ll have to file a petition to modify alimony with the court. The court will not grant you (or your spouse) an alimony modification unless you can prove that there has been a “material change of circumstances.” In this context, “material” simply means significant, so a material change could involve something like a serious illness or other medical crisis, the loss of a job, or a natural disaster. Once the material change of circumstances has been established, the court will review your alimony plan based on the same factors described earlier (e.g. income, earning ability, the need for child support, and so forth). Additionally, the court can terminate alimony altogether if your spouse begins living with another person.
Modification Of Divorce Decree Lawyer In Herriman, Utah
When a divorce or paternity decree is entered, the court orders reflect the general circumstances in place at that particular time. If a substantial change occurs in the years after entry of your divorce or paternity order, the court will allow you to file a petition and seek a modification of the terms of the order with a post-divorce modifications lawyer in Utah. This is a legally complicated matter which requires a skilled and knowledgeable family law attorney. Generally speaking, rulings of a court, including decrees of divorce and paternity, are the court’s orders until modified by the court or by agreement between the parties. Whether or not a party may request the court to modify its order depends greatly on changes in circumstances, if any that may have taken place after the entry of the decree. Parties often seek relief from the court to modify court orders. Sometimes, both the parties seek the change to ratify something that is already taking place, such as a change in a parent-time schedule and wish to formalize the agreement they have. Other times, the parties are not in agreement and seek the court’s determination of whether the order should be modified and this is the best time to have a family lawyer on your side. Common areas of post-divorce modifications in Utah include:
• Child Support
Modifications of court orders can sometimes be legally complex and hard to understand. Sometimes the order itself will dictate if and how an order may be modified. Often, discussion and mediation between the parties is a pre-requisite before a petition to modify may be filed. Having a post divorce modification lawyer in Utah on your side can help you can be fully informed of your rights.
Reasons for Modifying Child Support In Herriman Utah
To be successful with your petition to modify child support in the Utah courts, you need to provide proof that there has been a considerable change of circumstances since the original order was issued the change may be either permanent or temporary. Here are the common situations under which the courts may grant your request to modify child support in Utah:
• The parent who pays child support has had a significant increase in his/her income (often 10 percent or more).
• The parent who receives child support has had a decrease in his/her income (often 10 percent or more).
• Involuntary loss of job by the parent receiving child support.
• A significant increase in the needs of the child, resulting in increased medical, educational, and other expenses.
• One parent experiencing difficulties as a result of illness, disability, or temporary financial troubles.
• The increased cost of living that impacts the financial condition of one of the parents.
• Either of the parents is remarried.
Pros and Cons of a Herriman Utah Default Divorce
A default divorce may be a simple way to end a marriage, but it may have some serious pitfalls. The specific steps and forms required to complete a default divorce vary slightly from state to state, but the basic principles are the same the spouse asking for a divorce files a divorce complaint (also called a petition in some states), the other spouse (the defendant or respondent) fails to answer the complaint or appear in court within the specified amount of time, and a divorce judgment is entered against the defendant spouse. Many state-court websites have self-help family law sections with links to court forms and step-by-step instructions on how to pursue a default divorce. If your state doesn’t, you should head to your local courthouse to find out where the closest self-help family law center or family law facilitator’s office is located divorce forms are usually available at these types of self-help centers. Once you have your divorce forms filled out, you must “serve” (deliver) the divorce paperwork to your spouse using one of the accepted methods of service in your state. If your spouse fails to answer in time, you can appear in court and ask a judge to enter all the divorce orders requested in your complaint.
Some people like to use the default method because it allows them to obtain a divorce without paying much in the way of attorney’s fees or court costs for appearing at hearings and trials. And with a default, you don’t have to produce any financial information regarding your income and assets, such as paystubs, tax returns, bank statements, and other account statements – all of this information must be disclosed in a regular divorce. Some divorcing couples actually agree (in advance) to a default divorce. They decide that one spouse will be the filing spouse and will ask the court to issue specific orders (orders that the couple has privately agreed to include in the complaint), and the other spouse will not respond so that the court can grant the divorce. In this way, the couple can resolve all of their divorce issues outside of the courtroom (with or without the help of consulting attorneys). This allows the divorce to proceed quickly and confidentially, without any gut-wrenching or humiliating public hearings and trials.
There are some unsavory divorce lawyers who use the default process to try and pull a fast one on an unknowing spouse. They do this by intentionally serving the divorce papers on the defendant spouse in a way that all but assures he or she won’t receive the papers in time to respond. Even the agreed-upon default divorce mentioned above carries some risk. The defendant spouse may not completely understand what’s being requested in the divorce complaint or may fail to realize that by not responding, he or she is completely giving up his or her rights to contest the court’s orders. These are some serious rights to give up so if you’ve agreed to do this, be sure you know exactly what the complaint says. You may want to ask a consulting attorney to review the paperwork and meet with you to be sure a default is appropriate in your case. On the other hand, most states allow a default defendant some period of time after the judgment is issued to ask a court to set-aside (overturn) the default judgment. If the defendant spouse can show a good reason for having it overturned, then the divorce starts again, from the very beginning. So, a default divorce is not necessarily a sure thing, and may turn out to be a waste of time.
Herriman Utah Divorce Lawyer
When you need a divorce attorney in Herriman Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506