Living Together Contracts

by Ascent Law
Living Together Contracts

It doesn’t make sense to enter into
an agreement in every relationship that you may have. You would make quite the
impression showing up to a first date with a pen and paper in hand. Rather,
living together contracts are more appropriate for long-term relationships
where a significant amount of money, property and debt are expected to
accumulate. These agreements may also be a good idea for older couples, to
ensure that property is distributed upon their death as they wish. Finally,
couples who just don’t believe in the institution of marriage, for whatever
reason, should strongly consider such an agreement. Even if you’re morally or philosophically opposed to marriage, it’s still smart to define the
relationship’s rights, obligations and how property is to be distributed.

Legality of Living Together
Contracts

Contracts that function similar to
marriage between unmarried couples have not always been on sound legal ground.
The uncertainty behind nonmarital agreements came to an end in 1976,
however, when the California State Supreme Court established the now widely held
justification behind allowing nonmarital agreements. In the case, Marvin
v. Marvin, the California Supreme Court held that:

  • Unmarried couples may enter into written and oral contracts that cover rights often associated with marriage (such as the rights to property acquired during the relationship).
  • Unmarried couples may create “implied” nonmarital agreements, without ever writing it down or expressly speaking about it. Rather, a court can evaluate the couple’s actions to determine if such an agreement has been implied in their relationship.
  • If no implied agreement is found, a judge can presume that the parties intended to “deal fairly with each other”, and grant one party rights and obligations consistent with equity and fairness.

Although most people don’t realize
it, marriage is a legal contract between two people. It defines the
rights and obligations that each party owes each other. It shouldn’t be
surprising then, to learn that unmarried couples can create contracts between
themselves that also define the rights and obligations that each partner owes
the other. These contracts go by different names in different states but are
often referred to as nonmarital agreements or living together contracts.

These contracts function similarly to prenuptial agreements, and set forth how money, property and debt among other things will be handled during and even after the relationship. It may seem extremely unromantic to ask your partner to make a contract with you, but in the process it will tell you a lot about yourself, your partner and the maturity of your relationship.

What Goes In a Living Together Contract

Living together contracts don’t
need to be overly complex or contain legal-sounding language. To the contrary,
it’s a better idea to make the agreement in plain language, and include as
much or as little detail as the couple feels is necessary. Here are some items
to consider:

  • Property accumulated during the
    relationship    : it’s important to define how property acquired during the
    relationship should be treated. For example, if one person buys something
    during the relationship, do both parties own 50% of it? Does whoever
    bought it own it? What if the item is purchased using personal savings?
  • Property acquired by gift or inheritance: generally, people like
    to keep items received as gifts or by inheritance as separate property. If
    you and your partner want to do this, you need to write it down so there
    is no confusion.
  • Property from before the relationship: many people like
    to keep items received before the relationship began as separate property.
    If you and your partner want to do this, you need to write it down so
    there is no confusion.
  • Expenses: make sure you cover how expenses will be
    paid. This can be a huge area of disagreement, so it’s important to write
    down the expectations. For example, you might split them 50/50, make it
    proportional to income, or just pool your resources into one account and
    pay jointly.
  • Separation or death: although you may not
    want to consider it, it’s important to define what happens when the
    relationship ends. It’s important not to leave the status of property and
    money in limbo if a couple splits up.
  • Dispute resolution: in the case that a
    dispute arises, couples may want to define how it should be resolved. A
    typical example would include using mediation or arbitration before taking
    the matter to court.

Living Together Contract Lawyer Free Consultation

When you need legal help, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/living-together-contracts/

Tax Identity Theft Law

by Ascent Law
Tax Identity Theft

Any type of identity theft can turn your life upside down. It creates financial problems and can tarnish your credit history, not to mention the time, money, and patience it takes to resolve. Now fraudsters are targeting your tax refund!

Tax-related identity theft occurs when someone uses your Social Security number (SSN) to file a tax return claiming a fraudulent refund. Thieves frequently file early to avoid detection, and make off with your refund before you’ve had a chance to file. The IRS reports that tax identity theft is on the rise.

What to Do If You Are a Victim of Tax Identity Theft

If you’ve been the victim of tax identity theft, it’s important to act quickly to prevent any additional fraud from occurring. You need to call the police right away. Unfortunately, your refunds will likely be delayed for an extended period while the IRS resolves the matter. A typical case can take about 180 days to complete. Follow these steps to secure your personal information and any refund rightfully due from the IRS:

1. Identity Theft Affidavit with the IRS
If you did not receive a notice but believe you’ve been the victim of identity theft, contact the IRS Identity Protection Specialized Unit.

2. Respond to Any IRS Notice
If the IRS receives a suspicious tax return filing, they may send a “5071C Letter” asking that you verify your identity. Typically, you can identify yourself over the phone or through the IRS’s Identity Verification Service website.

3. Report Fraud to Federal Trade Commission (FTC)
Complaints from taxpayers help the FTC detect larger patterns of fraud and abuse. The FTC has a web-based reporting form that asks a few questions about the fraud you suffered. It should only take a moment to complete, and your participation will assist with the creation of programs to fight tax identity fraud.

4. Contact Your State Tax Agency
Although criminals typically target your federal return, you will want to also contact your state tax agency to the report income tax fraud. Call either the state’s tax hotline or go to their website and find the fraud reporting procudeures. Some states require you to fill out a form to mail.

5. Place a Fraud Alert on Your Credit Record
Call one of the nationwide credit reporting companies, such as Equifax, Experian or TransUnion. Ask for a fraud alert to be placed on your credit report. The company you call is required to contact the other two credit agencies so they will put the fraud alerts on their files too. An initial alert is good for 90 days. Taking this step makes it hard for someone to fraudulently open new accounts in your name.

6. Contact your Financial Institutions
When someone has enough of your personal information to file a tax return, they may be able to access your bank accounts. Contact your bank and other financial institutions to have a fraud alert placed on your account. You need to get new credit cards issued, new debit cards issued, perhaps even close your checking and savings accounts and put them with another institution.

These are some Tax Identity Theft Warning Signs

Did you file your taxes only to have it rejected by the IRS because a return using your Social Security number was already accepted? Or, did the IRS send you a letter saying it identified a suspicious return using your personal information? These are signs that your tax identity may be in the hands of criminals. Other warning signs include (1) You owe additional taxes, refund offset, or have a collection action against you for a year you did not file a tax return. (2) The IRS indicates you received wages from an employer you can’t identify. (3) Your state or federal benefits were reduced or cancelled because a government agency received information reporting an income change.

Free Consultation with a Utah Tax Attorney

If you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/tax-identity-theft-law/

Land Use and Zoning Law

by Ascent Law
Land Use and Zoning Law

Land use and zoning involves the regulation of the use and development of real estate. The most common form of land-use regulation is zoning. Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Since New York City adopted the first zoning ordinance in 1916, zoning regulations have been adopted by virtually every major urban area in the United States. They exist all over the State of Utah, including Davis, Salt Lake and Utah counties.

Regulation of Development

Land-use regulation is not restricted to controlling existing buildings and uses; in large part, it is designed to guide future development. Municipalities commonly follow a planning process that ultimately results in a comprehensive or master plan, and in some states the creation of an official map for a municipality. The master plan is then put into effect by ordinances controlling zoning, regulation of subdivision developments, street plans, plans for public facilities, and building regulations. Future developers must plan their subdivisions in accordance with the official map or plan.

In recent years, an increasing emphasis has been placed on regional and statewide planning. Recognizing that the actions of one municipality will strongly affect neighboring cities, occasionally in conflicting and contradictory ways, these planning initiatives allow the creation of a regional plan that offers one comprehensive vision and one set of regulations.

Restrictive Covenants and Easements

Not all land use restrictions are created by governments. Land developers may also incorporate restrictions in their developments, most commonly through the use of restrictive covenants and easements:
Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses. Restrictive covenants are typically used by land developers to establish minimum house sizes, setback lines, and aesthetic requirements thought to enhance the neighborhood.
Easements are rights to use the property of another for particular purposes. Easements also are now used for public objectives, such as the preservation of open space and conservation. For example, an easement might preclude someone from building on a parcel of land, which leaves the property open and thereby preserves an open green space for the benefit of the public as a whole.

Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts (or zones), that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these three main types of districts there generally will be additional restrictions that can be quite detailed — including some of the following areas (a) Specific requirements as to the type of buildings allowed; (b) Location of utility lines; (c) Restrictions on accessory buildings, building setbacks from the streets and other boundaries; (d) Size and height of buildings; and (e) number of rooms.

These restrictions may also cover frontage of lots; minimum lot area; front, rear, and side yards; off-street parking; the number of buildings on a lot; and the number of dwelling units in a certain area. Regulations may restrict areas to single-family homes or to multi-family dwellings or townhouses. In areas of historic or cultural significance, zoning regulations may require that those features be preserved.

Limits on Zoning Regulation

Since land-use and zoning regulations restrict the rights of owners to use their property as they otherwise could (and often want to), they are at times controversial. Additionally, the scope and limits of governments’ ability to regulate land use is hard to define with specificity. Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose.

Given the subjective nature of these factors, there is obviously a lot of room for disagreement, and on occasion litigation. One extremely difficult question presented in this area of law is how far land-use regulations may go without running into the constitutional prohibition against taking private property for public use without just compensation.

Challenges to Zoning Regulations

There are numerous other restrictions on the power of government to regulate land use, any of which may provide a basis upon which such regulations can be challenged. Zoning ordinances must be reasonable based on all factors involved, such as the need of the municipality; the purpose of the restriction; the location, size, and physical characteristics of the land; the character of the neighborhood; and its effect on the value of property involved. The rationale behind zoning is that it promotes the good of the entire community in accordance with a comprehensive plan.

Spot zoning of individual parcels of property in a manner different from that of surrounding property, primarily for the private interests of the owner of the property so zoned, is subject to challenge unless there is a reasonable basis for distinguishing the parcel from surrounding parcels. Restrictions based solely on race or occupancy of property are not permitted, and a classification that discriminates against a racial or religious group can only be upheld if the state demonstrates an overwhelming interest that can be served no other way.

In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. These are quasi-judicial bodies that can conduct hearings with sworn testimony by witnesses and whose decisions are subject to court review. Given both the complexity of zoning law and the specialized nature of zoning appeals boards, an owner who contests a zoning requirement is ill advised to try to argue his or her case without legal assistance.

Land Use and Zoning Lawyer Free Consultation

When you need legal help with zoning or land use in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/land-use-and-zoning-law/

Compliance Law

by Ascent Law
Compliance Law

The Securities and Exchange Commission has announced that a brokerage firm has agreed to pay a $100,000 penalty to settle charges of compliance and trading surveillance failures.

Federal securities laws require firms to enforce policies and procedures to prevent the misuse of material, nonpublic information to which their employees routinely have access. The SEC’s order finds that Sidoti & Company LLC had no written policies or procedures in place from November 2014 to July 2015 as it pertained to those making investment decisions for an affiliated hedge fund that invested in issuers covered by Sidoti’s research department and some other issuers for which Sidoti provided investment banking services. For example, Sidoti maintained a “daily restricted list” of securities restricting personal trading because Sidoti was involved in investment banking or marketing activities or the firm was publishing research on the security. There were 126 instances from Nov. 3, 2014 to May 5, 2015 when the hedge fund traded in a stock that appeared on the daily restricted list.

“Sidoti did not devote sufficient resources to set up the requisite trade surveillance and compliance systems and failed to meet its obligation to prevent the misuse of material nonpublic information,” said Andrew M. Calamari.
Without admitting or denying the findings, Sidoti consented to the SEC’s order finding that the firm violated Section 15(g) of the Securities Exchange Act of 1934.

SEC POSTS NOTICE OF IFRS TAXONOMY

The Securities and Exchange Commission today published a taxonomy on its website so that foreign private issuers that prepare their financial statements in accordance with International Financial Reporting Standards (IFRS) may submit those reports using XBRL. XBRL is a machine readable data format that allows investors and other data users to more easily access, analyze and compare financial information across reporting periods and across companies.

Foreign private issuers that prepare their financial statements in accordance with IFRS as issued by the International Accounting Standards Board may begin immediately to submit their financial statements in XBRL. Otherwise, all such foreign private issuers must submit their financial statements in XBRL for fiscal periods ending on or after December 15, 2017.
“Foreign private issuers will use the published IFRS Taxonomy for IFRS financial statements, which will enable the public to take advantage of enhanced data analysis of those financial statements, as they already can with financial statements of issuers that prepare their financial statements in accordance with U.S. accounting standards,” said Acting Chairman Michael Piwowar.
In 2009, the Commission adopted requirements for structuring certain foreign private issuer financial statements in XBRL once an IFRS taxonomy was specified on the Commission’s website, SEC.gov.

SEC APPROVES RULES TO EASE INVESTOR ACCESS TO EXHIBITS IN COMPANY FILINGS
The Securities and Exchange Commission today voted to adopt rule and form amendments to make it easier for investors and other market participants to find and access exhibits in registration statements and periodic reports that were originally provided in previous filings.
The amendments will require issuers to include a hyperlink to each exhibit in the filing’s exhibit index. Currently, someone seeking to retrieve and access an exhibit that has been incorporated by reference must review the exhibit index to determine the filing in which the exhibit is included, and then must search through the registrant’s filings to locate the relevant filing.
“As the SEC looks for new ways to modernize financial disclosures, one of the easiest things we can do is add hyperlinks that automatically direct users to additional information on our EDGAR system,” said SEC Acting Chairman Michael Piwowar. “We are so accustomed to clicking hyperlinks on basically every website we visit, this commonsense solution will make life simpler for a lot of people.” The final rules will take effect on September 1, 2017.

The amendments require registrants that file registration statements or reports subject to the exhibit requirements under Item 601 of Regulation S-K, or that file Forms F-10 or 20-F, to include a hyperlink to each exhibit listed in the exhibit index of these filings, and to submit such registration statements and reports on EDGAR in HyperText Markup Language (HTML) format. Specifically:
• Registrants will be required to include a hyperlink to each exhibit identified in the exhibit index, unless the exhibit is filed in paper pursuant to a temporary or continuing hardship exemption under Rules 201 or 202 of Regulation S-T, or pursuant to Rule 311 of Regulation S-T. This requirement will apply to the forms for which exhibits are required under Item 601 of Regulation S-K as well as Forms F-10 and 20-F. The final rules, however, will exclude exhibits that are filed with Form ABS-EE and exhibits filed in the eXtensive Business Reporting language (XBRL).

• Registrants will be required to file in HTML format the registration statements and reports subject to the exhibit filing requirements under Item 601 of Regulation S-K, as well as Forms F-10 and 20-F, because the text-based American Standard Code for Information Interchange (ASCII) format cannot support functional hyperlinks. While the affected registration statements and reports will be required to be filed in HTML, registrants may continue to file in ASCII any schedules or forms that are not subject to the exhibit filing requirements under Item 601, such as proxy statements, or other documents included with a filing, such as an exhibit.

The final rules will provide a longer compliance date for non-accelerated filers and smaller reporting companies and for certain filings on Form 10-D. Under the final rules:

• Non-accelerated filers and smaller reporting companies that submit filings in ASCII will not have to comply with the final rules until September 1, 2018.

• The compliance date for any Form 10-D filing that will require a hyperlink to an exhibit filed with Form ABS-EE will be delayed until SEC staff completes programming changes to EDGAR that will allow registrants to include the Form 10-D and Form ABS-EE in a single submission so that the required exhibit hyperlinks can be created at the time the Form 10-D is filed. The SEC will publish a notice in the Federal Register and on the SEC website announcing the compliance date for those Form 10-D filings.

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!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/compliance-law/

Design Patent Law

by Ascent Law

There are three types of patents: design patents, utility patents, and plant patents. Utility patents are available for processes, chemicals, and machines. Plant patents are for the invention and asexual reproduction (reproduced by means other than from seeds) of a new and distinct plant. Finally, a design patent protects the design or unique appearance of a manufactured object. This article will focus on design patents, and more specifically, the elements of a design patent application.

It’s important to first understand what a design patent protects. A design is the “surface ornamentation” of an object, which can’t be separated from that object. The design can also be related to shape or configuration of an object. A design patent is available to those who invent a new and non-obvious ornamental design for an object. It’s important to understand that while the object and its design are inseparable, the design patent only protects the appearance of the object. Its functional or structural features will not be protected by a design patent.

In order to receive patent protection, an inventor is required to file an application with the United States Patent and Trademark Office (USPTO). A person can file a provisional patent application in order to protect his or her invention while figuring out the specifics of the invention and thinking about whether or not to actually patent the invention. A non-provisional application starts the official examination process to determine if the particular invention is eligible for patent protection. Generally, a non-provisional patent application includes the description and claims of the invention, drawings (if necessary), a declaration or oath, and various fees.

The information you will need to provide for a patent application will vary according to what type of patent you are seeking. When you are seeking to obtain a design patent, you will need to include the following: (1) A preamble that states the applicant’s name, a title for the design, and a brief description of the intended use and nature of the object that the design is a part of; (2) A cross-reference to any other applications related to the design patent application; (3) A feature description as well a description of the figure(s) of the drawing; (4) Photographs or drawings of the design; and (5) A declaration or oath by the inventor.
You are only permitted to make a single claim within a design patent application, and you must make a statement regarding any federally sponsored research or development for the design. In addition to the application, you will also need to pay a filing, search, and examination fee to the USPTO.

The most important aspect of a design patent application is the drawing (or photograph) of the design that the person is seeking patent protection for. Thus, it’s imperative that all drawings (or photographs) included with the application are of the highest quality and conform to all the rules and standards required by the USPTO.

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Bidding on Contracts

Commercial Space for Businesses

Custody Disputes

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Source: https://www.ascentlawfirm.com/design-patent-law-2/

Parental Rights Law

by Ascent Law
Parental Rights Law

One of the biggest parental rights is the right to consent or object to the adoption of ones child. Generally, adoption requires the consent of both parents, provided they meet certain requirements. To gain parental rights, including the right to object to adoption, biological fathers unmarried to the mother must not only establish paternity, but also demonstrate a commitment to parenting the child.

Acknowledging Paternity

Proactively establishing paternity is an important step in committing to help raise a child. Paternity determinations typically take the form of civil lawsuits which utilize DNA testing to establish the identity of the child’s father. A biological father wanting a say in adoption decisions should establish paternity as soon as possible. Failure to establish paternity can prevent an unmarried father from gaining any parental rights at all. Waiting too long can demonstrate a lack of commitment to parent the child. This can even mean needing to establish paternity before the birth of the child in certain cases, such as when the mother indicates early on in pregnancy a desire to put the child up for adoption.

Timing and Unaware Fathers

Fathers who do not know of their children until after the fact can find themselves out of luck in regards to adoption decisions. In some states, the clock on when a father should acknowledge paternity and start providing for the child begins running when the child is born (or even during pregnancy), not when the father learns about the child. Courts have held that fathers unaware of their children may not later object to the children’s adoption, particularly when the fathers lack of knowledge was his own fault.

The facts of each case will differ, but to give himself the best chance of guaranteed input in adoption decisions, an unmarried father should not wait to learn about potential children. He should proactively seek out knowledge of any children he may have fathered and take all steps possible to establish a parental role.

Commitment to Parenting

Beyond acknowledging paternity, unmarried fathers must meet a larger requirement demonstrated commitment to parenting in order to gain constitutionally protected paternal rights. This means providing for the child’s material and emotional needs, and attempting to form the fullest possible parental relationship with the child.
Establishing a committed parental role typically includes helping pay pregnancy expenses, birth expenses and child support expenses after delivery. Some courts consider the fitness of the father to parent when determining his commitment to parenting. Fathers who do not provide support during pregnancy and beyond, who cannot show the ability to provide support, or who have demonstrated drug or alcohol problems can be denied the right to object to adoption. The degree to which an unmarried father has the opportunity to play a parental role in the childs life often varies. However, doing everything he can to form a parental relationship, making himself as available as possible, and seeking legal recognition parental rights as soon as possible helps a father best position himself to maintain a say in adoption and other parental decisions.

Objecting to Adoption

Depending on state law, fathers who do not consent to the adoption of their child should file an objection to the adoption in the appropriate court, or in some cases with the state health and human services department. Often, an objection to adoption must include an indication of intent to petition for custody of the child in a short period of time, 30 days, for example.

Parental Rights Lawyer Free Consultation

When you need legal help with parental rights, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/parental-rights-law/

Wage Garnishment Law

by Ascent Law
Wage Garnishment Law

When you have an unpaid debt, your creditor can seek a court order to take money directly from your paycheck. This process is known as wage garnishment. Your employer is required to withhold a portion of your wage and send it directly to the creditor. You can lose up to half your paycheck to garnishments while the debt remains unpaid.

Wage garnishments can have serious consequences on your ability to afford the essential of life. Fortunately, there are laws in place to protect you. Let’s take a closer look at wage garnishment law. Securing a wage garnishment generally requires your creditor to go to court and get a judgment against you. If there is no court case and no judgment, there cannot be a wage garnishment (unless you expressly authorized it beforehand). State law requires certain procedures be followed. Failure to do so you may be grounds to overturn the judgment.

Step 1: A final demand must be sent to your last known address. It will inform you that a debt is owed and unless you arrange payments with the creditor, a creditor lawsuit will be filed. Step 2: If you don’t negotiate a payment plan, the creditor will file a Request for Garnishment on Wages in court. An attempt to serve the court papers must be made. You will need to go to court to protest the Request. Step 3: If you don’t dispute the action, the court typically signs the Request and it becomes a Writ of Garnishment. A “writ” is a formal command ordering a person or entity to take some action. Step 4: The Writ of Garnishment must be served on your employer via certified mail, restricted delivery, private process or sheriff/constable. Step 5: Your employee will begin withholding the required amount from your paycheck.

Title II of the Federal Wage Garnishment Law, Consumer Credit Protection Act (CCPA) limits the amount of an individual’s earnings that may be garnished. Consumer debt can be withheld up to 25% of your disposable income. For these purposes “disposable income” means all income after taxes. This doesn’t include deductions for your living essentials like rent, food, and insurance.

This garnishment percentage applies no matter how many garnishments are in place. That means if you have three creditors with judgments, they must share the 25% of your disposable income. However, if the garnishment is for child support, the limit could be as high as 60 percent of disposable income.

They type of your debt will determine how much can be withheld and whether you have the right to go to court first. Remember the following:
Child support garnishments can attach to your paycheck without a court proceeding. Child support garnishments may withhold up to 65% of an employee’s paycheck, using state-specific formulas.

Tax levys are initiated by federal, state or local agencies. Each state differs in its requirements and most will release or modify the levy if it causes an immediate economic hardship. If you pay child support, you need to contact the tax agency directly. IRS and other tax agencies will release from levy the amount you need to pay court ordered child support.
Bankruptcy, under Chapter 7 or Chapter 13, stops almost all garnishments. The “automatic stay” created by federal law prevents the continued collection of debts after you file bankruptcy. The “stay” goes into effect immediately upon filing your case. It is “automatic” because it doesn’t require getting a court order. Instead it’s effective by the very act of filing your bankruptcy petition. Tax levies and federal student loan garnishments are stopped temporarily by a bankruptcy filing, but may resume when the bankruptcy is finalized. Ongoing spousal or child support will continue regardless of bankruptcy filing.

Creditor garnishments are debts that occur when a person is delinquent on consumer payments, such as credit card debt. The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt. Private creditors, including consumer loans, credit cards and mortgages can withhold up to 25% of your disposable income.

Student loans are either private or federal loans. A private student loan is treated like any other debt, and allows for garnishments up to 25% of your disposable earnings. A single or consolidated federal loan is withheld up to 15%. The U.S. Department of Education may contract with collection agencies to enforce and collect the defaulted loans but that does not allow them to collect at a higher rate.

Can I Be Fired If I Get a Garnishment?

No. You cannot be fired or disciplined over one wage garnishment, but you may not be protected if you receive additional garnishments. The Consumer Credit Protection Act does not apply if you have multiple wage garnishments. In fact, some states even allow employers to seek reimbursement for administrative costs related to handling multiple garnishments.

Wage Garnishment Lawyer Free Consultation

When you need legal help with a wage garnishment, please call Ascent Law (801) 676-5506 for your free consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/wage-garnishment-law/

Staying Safe in Wildfire Season

by Ascent Law
Staying Safe in Wildfire Season

If you live in a dry place like Salt Lake City, Utah, you know that wildfires are a serious risk during the hot summers. Wildfires are dangerous and if residents aren’t properly prepared, a wrongful death could occur — depending on how the fire was started. As your lawyer, we may be able to help you in the case of a wrongful death or other injury, but it’s better to keep everyone alive and safe.

In California, they developed a wildfire safety campaign called “Ready, Set, Go!” CAL FIRE’s campaign is designed for the California wildfires, but it’s also relevant in wildfire-prone places like Salt Lake City. Following these steps can help you and your family members avoid wrongful death.

Throughout the summer, make sure you are removing dead grass and dead plants from your yard. Trim your trees, making sure branches aren’t hanging over your home. Religiously clear out leaves and pine needles from your yard. By doing these things you will create a buffer between your home and the wildfire.

Hardening your home with fire-resistant materials will help prevent wrongful death, as embers from a wildfire can travel as far as a mile. If your home isn’t hardened, it is at risk of ignition even if the fire isn’t nearby. It doesn’t matter if you’re a lawyer or a judge, the fire will still burn your house.

Roofs are the most vulnerable part of your house. If you have a wood or shingled roof, you’ll want to re-roof your home with metal or tiles. Cover all outer vents with metal coverings.

Windows are a risk during a wildfire — glass will break if it reaches a hot enough temperature. A broken window will allow embers to enter your house, and large windows are more likely to break than smaller windows. If you can, replace large windowpanes with dubble paned windows instead. Make sure all your windows are tempered glass to maximize protection.

You’ll also want to take a look at your siding material. Wood products like board panels will have to be replaced with a more fire resistant material. Stucco, fiber cement and other approved materials will better protect your home against the flames. If you’re a lawyer and you don’t know how to identify the materials used on your house, call a professional in advance to help you prepare your house.

Getting set is all about preparing your family for the possibility of evacuation. Just like a lawyer prepares a court case, you should prepare your family for evacuation. Every family will be different — and different preparations will be necessary for each family. However, each family should have an action plan and emergency supply kits. These preparations are necessary for avoiding a wrongful death.

Your family’s action plan should have a designated meeting place outside of the fire hazardous area. You should plan a variety of different escape routes from your home and community. Have a plan that also plans for pets and large animals like horses or livestock.

Each member of your family in Salt Lake City should have at least one emergency supply kit. Supply kits need to include these things: three-day supply of food, three gallons of water, map marked with evacuation routes, medications, a change of clothing, an extra set of keys, money/credit cards, first aid kit, flashlight, batteries, important documents, contact information for your lawyer and sanitation supplies.

It will be better for your family, your home and your lawyer if you evacuate early. If you wait until the last minute, you won’t have time to do the extra little things that will increase your home’s defenses. Waiting until the last minute can be more dangerous for your family, and could result in a wrongful death. Don’t be stubborn — when it’s time to evacuate, make sure you have your emergency supply kits in your car, review the plan with your family and get out of there.

In recent fires, there has been a major problem with drones getting in the way of the firefighting flight crews. This can be a very serious problem.
Flight crews in have been grounded as a result of drone activity, allowing the fire to spread more rapidly. Since people insisted on flying their drones, officials in Salt Lake City had to evacuate some homes. Don’t fly your drones to see the wildfire up close — by doing so, you are causing wrongful death, and you will certainly need a lawyer in Salt Lake City to help you navigate this situation.

Injury Attorney Free Consultation

If you’ve been injured and need legal help, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Payments on Taxes

Source: https://www.ascentlawfirm.com/staying-safe-in-wildfire-season/

Payments on Taxes

by Ascent Law
Payments on Taxes

It’s a terrible feeling when you discover that you owe on your taxes, and even worse when you don’t have the money to pay. You might be tempted to simply not file until you have enough to pay the government in full. But that’s never a good idea.

If you can’t submit all that is due, you should file your tax return and give as much as you can. You can pay off the balance by setting up a payment plan with the IRS. It will save you money in the long run because the penalty for not filing is 10 times more than the failure-to-pay penalty. Get started by choosing the payment plan that works best for your situation. If you’re wondering, “Can I make payments on my taxes?”, the answer is YES, but there is a right way to do it. So, if you find yourself temporarily short of cash, or facing a significant tax bill that could take years to pay off, chance are the IRS has a payment plan that will work for you. Consider some of the following IRS recommended methods.

You never know what you can get unless you ask. Based on your circumstances, the IRS may grant a short additional time for you to pay your tax in full. Typical extensions are between 60 and 120 days. Additional Interest and fees may apply during the extension, but you should pay less in penalties and interest than if the debt were repaid through an installment agreement.

The IRS allows you to make smaller periodic payments over time through an installment agreement if you can’t pay the full amount at once. If you request a payment agreement through the IRS website you will receive immediate notification if your agreement is approved.
If your request a payment plan by mail, you can reduce the accrual of penalties and interest by making voluntary payments until you’re notified whether your payment plan request was accepted. Once you’ve entered into an installment agreement you are considered “in good standing” with the IRS and most state taxing authorities. Payment plans typically last up to 72 months.

The federal government now accepts all major credit cards for tax payments. Many credit cards charge less than the interest and penalties charged by the IRS on back taxes. However, if you are paying by credit card, you will also be hit with a convenience fee based on the amount you are paying.

If you owe on your taxes but your current financial circumstances are extremely dire, you can ask the IRS to assess you as Currently Not Collectible. In such a situation, the IRS would determine if collection of the liability would create a hardship that would leave you unable to meet necessary living expenses.

Whether it’s from a bank or a family member, a traditional loan could likely be had at a lower interest rate than charged by the IRS. Remember, if you’re borrowing money from a family member you need to pay interest or the IRS could consider it a taxable gift.

If you have a history of paying on time, you may be able to avoid paying the penalty by asking for a first-time waiver. Taxpayers with previous late pays may still be able to have penalties waived if they can show “reasonable cause” for their delinquency. Although this is not a type of payment plan, it will reduce the amount you owe which should make it easier to pay your back taxes.

Tax Lawyer Free Consultation

When you need legal help with paying taxes, please call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/payments-on-taxes/

Nonprofit Law

by Ascent Law
Nonprofit Law

Starting a nonprofit, a non-for-profit company, or a charitable foundation is an important commitment that will require hard work, a concrete mission, inspiration, and the ability to get others involved. It is necessary to take several legal steps to form a nonprofit. A nonprofit can function as either an incorporated or an unincorporated organization. Incorporating will require a few additional steps, but both can qualify for tax-exempt status.

Decide Whether to Incorporate a Nonprofit

You
don’t have to incorporate to form a nonprofit. A nonprofit that does not
incorporate is referred to as an unincorporated association. Unincorporated
associations can run just as smoothly as an incorporated organization, but may
not receive all of the benefits of an incorporated nonprofit. An unincorporated
nonprofit will still receive tax-exempt status, but limited liability
protection given to directors and officers may not apply, unless state law
provides this protection.

If the
activities the nonprofit will engage in will carry very little risk, it may not
make sense to go through the trouble of incorporation. On the other hand, if
financial or physical risks are involved, it may be best to incorporate.

How to Choose a Name for a Nonprofit

Like
any other business, a nonprofit must have a name. A name should reflect the
mission of the nonprofit, but it will also need to comply with applicable laws.
A name must:

  • Not conflict with the name of another business or nonprofit
  • Not infringe on a trademark
  • Not use certain words that imply an affiliation (“bank,” “federal,” or “insurance”)
  • If required by the state, use words like “corporation” to describe its business structure

A
nonprofit can determine the availability of a name by checking with the
appropriate state agency.

How to File Incorporation Paperwork with the State

To
form an incorporated nonprofit it is necessary to file incorporation paperwork
with the state and pay a fee. Usually the appropriate department is located in
the office of the secretary of state or the department of state.

A
nonprofit corporation will need to file “articles of incorporation”
To its application. Some states also refer to this as “certificate of
incorporation” or “certificate of formation.” Many states
provide fill-in-the-blank forms that request general information about the
purpose of the corporation, the name, address, and a list of initial directors.

File for Federal and State Tax Exemptions

A
nonprofit may qualify for tax-exempt status with federal and state governments.
In addition to tax-exempt status, if a nonprofit is a 501(c)(3) organization,
donors receive tax deductions for their contributions to the nonprofit. Not
every nonprofit can qualify for this type of status. The nonprofit must have
one of more of the following purposes:

  • Religious, 
  • Charitable, 
  • Scientific, 
  • Educational,
    or 
  • Literary.

Tax
exemption means that the nonprofit will not have to pay taxes on contributions
or on gross receipts earned from a business activity substantially related to
the exempt mission of the nonprofit. If the nonprofit generates gross receipts
from income derived from activities not substantially related to the exempt
purpose of the nonprofit, the nonprofit will have to pay taxes on that income.

In
some circumstances, a nonprofit may choose not to apply for tax-exempt status
if:

  • The nonprofit
    will not generate taxable income.
  • Income is
    taxable regardless of whether the nonprofit has tax-exempt status.
  • Most donors do
    not care about claiming a deduction.

To
claim federal tax-exempt status, it is necessary to complete IRS Form 8718 and
Package 1023. In most states, a nonprofit that qualifies for federal
tax-exemption automatically qualifies in the state. In other states, like
California, North Carolina, Montana, and Pennsylvania, it is necessary to file
an application with the state to receive tax-exempt status.

Create the Bylaws

A
nonprofit must create bylaws. Bylaws govern how the organization will operate.
State requirements vary, but most bylaws regulate how the nonprofit can elect
directors and officers, how many directors it should have, the length of a
director’s term, quorum requirements, and how to hold meetings. Changing bylaws
later will usually require approval by two-thirds of the directors.

Appoint Directors

The
job of the board of directors is to guide the nonprofit in its mission. The
board sets policies, oversees finances, hires the executive director,
implements a strategy, and may participate in raising money for the nonprofit.
Depending on state requirements, a board may consist of only one director or it
may need at least three directors. Board members are uncompensated volunteers.

Hold the First Board of Directors Meeting

The
first board of directors meeting will get the nonprofit up and running. The
board will elect officers, adopt the bylaws, and pass resolutions to allow the
nonprofit to open bank accounts and admit members. The nonprofit should prepare
and keep the minutes of the initial meeting.

Nonprofit Lawyer Free Consultation

When you need help forming or running a nonprofit entity in Utah (or if your nonprofit has been sued), then please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/nonprofit-law/