March 2015 Archives

Social Security and unpaid child support

As many custodial parents in Utah may have discovered, it is at times difficult to collect child support from a non-custodial parent who has been ordered to make payments as part of a divorce decree. While it may be possible to have the Internal Revenue Service direct the payment of the obligor's income tax refund to the non-custodial parent, another method that may be available is the garnishment of the parent's Social Security benefits.

Child support data may surprise Utah parents

While many people might still expect mothers to raise children when parents are unwed or after a divorce, data from the 2011 U.S. Census shows that 18.3 percent of custodial parents are men. Like single mothers, these fathers may be entitled to child support while raising a child or children. However, the census data indicates that fathers who are granted child support are less likely to receive it than mothers.

Art is a martial asset in Utah

Many Utah artists might be surprised to learn that their artwork is considered a part of the marital assets and is therefore included in consideration of any relevant divorce proceedings. Spouses may retain a half-interest in any artwork created during the marriage, including copyright, or may receive residual income for a specified period of time as part of a divorce settlement. Therefore, knowing the value of the art associated with a divorce may become a key factor in asset division.

Mediation may facilitate a smoother divorce process

Couples in Utah who are considering a divorce and would like to work together to avoid a courtroom battle may be interested to know that mediation is available to help them achieve this goal. Mediation is a process where a neutral third party meets and discusses with each individual to determine what their expectations and goals are for dividing marital property, and if children are involved, custody and visitation can also be addressed.

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