When Utah family courts hand down a divorce settlement, both parties are required to comply with all terms and conditions. But life can sometimes get a little complicated. The loss of a job, relocation or huge medical bills can often get in the way of honoring a divorce decree. Some of the most complex components of divorce settlements include child support and alimony. Changing these conditions is not always easy. Fortunately, there are solutions. It begins with seeking representation from an experienced and knowledgeable West Jordan divorce modification attorney.
WHAT IS ALIMONY?
Alimony is a legal remedy handed down by family courts to help a financially weaker spouse to help them get back on their feet and maintain the same level of lifestyle during the marriage. There are several factors Utah family courts take into consideration when determining spousal support. They include:
- Income and financial resources of both parties
- The emotional and physical condition of each spouse
- The standard of living of both parties during the marriage
- Each spouse’s contribution to the marriage
- Length of the marriage
- How to Modify Alimony in Utah
Few things in life are guaranteed. Sooner or later there are going to be significant changes. Are you prepared to handle those changes? These lifestyle changes don’t just affect the person who pays spousal support, it also affect the recipient and their children. The first step towards changing your divorce decree is to file petition with the court. A well organized and concise petition prepared by a West Jordan divorce modifications attorney is the most effective method to achieve your goals. Here are some of the valid reasons to modify your alimony.
- Remarriage: Many divorced people in Utah will tie the knot again. Unless both former spouses have agreed to continuous spousal support, the dependent spouse will have their alimony terminated upon remarriage.
- Agreement: In many cases,divorced couples often come to a mutual agreement on alimony. Among the most common is stopping spousal support after retirement.
- Cohabitation: Utah family law requires the dependent spouse to stop receiving alimony if they are living romantically with another partner. Because most couples who live together are already supporting each other, spousal support payments may be abused and used to support someone other than the dependent party.
- Employment: The loss of a job affects both the paying spouse and the dependent spouse. If the dependent party has lost a job, they may be entitled to receive increased alimony.
HOW DOMESTIC VIOLENCE AFFECTS CHILD CUSTODY
Domestic violence allegations by a parent can have serious consequences and impact your child custody case. These allegations are always relevant, especially if minor children are involved. This a common problem for many parents nationwide. It is a harmful environment, which may result in limited access or no access to the children. The abusive parent may end up losing his or her parental rights completely. If you have any questions about how to file a restraining order during your divorce or custody dispute, contact a Salt Lake City restraining order attorney.
Domestic violence can lead to physical and emotional harm. It is a destructive behavior that creates an unsafe environment for your children. In Utah, harm is defined as hitting, pushing, harassing, kidnapping, throwing things, and so on. Whether the harm was inflicted by a family member or companion, you should remove yourself and your family from this type of environment by requesting a protective order.
There are cases where domestic violence persists and obtaining a protective order may be the only thing left to do. However, the victim must prove that he or she has been harmed or threatened by the abuser. This person could be a current or former spouse, individual living in the same house, parent, or relative. If the judge decides that the allegations are true and the abuse may persist in the future, the victim will be granted a protective order. A protective order requires the abuser to refrain from contacting, harassing, intimidating or interfering in the victim’s life.
THE LEGAL CONSEQUENCES OF DOMESTIC VIOLENCE
Domestic violence is a huge factor when determining the best interests of your children. If there is evidence of domestic abuse, the abusive parent may be restricted from contacting or seeing the children. Some of the most common consequences include:
- Supervised visitation– Visitation in a more controlled setting may be required in some domestic violence cases. However, this requirement can be lifted if the abusive parent can show the court the abuse has stopped.
- Terminating parental rights– The judge may terminate the abuser’s parental rights on a temporary basis, which means the abuser will no longer see the child. This cases generally involve sexual abuse, attempted murder, and other serious offenses.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506