When Your Minor Child is Pregnant

When Your Minor Child is Pregnant

If your underage daughter becomes pregnant, there are understandably a lot of issues that will cause significant heartache, stress and possible pain. Despite all of the emotions that you might be feeling upon hearing the news, it is important that you maintain a clear head and sit down with your daughter regarding all of the legal options that are available to her regarding her pregnancy.

The following is some important information that you should consider discussing with her – Utah abortion laws. If your underage child decides that she wants to have an abortion, you must understand that in the state of Utah, your parental consent is not required for her to make that decision and obtain the procedure. Even if you disagree with your child’s decision, you cannot legally intervene. However, you can have an open discussion with your daughter to make sure that she understands the decision and that it is her intent to go forward with it.

Adoption considerations. If your child decides to give birth and give up the child, there are numerous adoption agencies with which you can place the child soon after birth. Your child should understand that this decision is not reversible and she will likely never be a part of the child’s life. There is also the option to allow the child to choose the parents that will adopt her child, which is likely to be more legally complicated but does offer greater control. The father’s rights. The father of your daughter’s child may have certain rights that could add some legal complications. You may need to obtain the consent of the father before placing the child for adoption. If your child decides that she will raise the child, the father may be responsible for child support payments.

Do Grandma and Grandpa Have any Rights to Visitation in Utah?

Divorce affects all who are touched by it and grandparents are among those likely to be injured. Grandparents are often left out in the cold in terms of custody and visitation. While many jurisdictions are slowly granting grandparents rights to see their grandchildren, Utah is far from being on the cutting edge in this area. Nonetheless, Utah does have a statute that deals with the rights of grandparents in certain situations. This issue is ripe for exploration and for setting positive precedents for the grandparents of the state. There has been a case about 2 years ago that struck down the law. Recently in a case the judge refused to grant grandparent visitation. This is a tricky issue that you should talk to a lawyer about in person or over the phone because the unique circumstances of your case will make a big difference in the outcome.

Grandparents are up against a public policy of allowing parents to raise their children free from intervention by those they choose to exclude. When one or both of the parents is deceased, grandparents have a stronger position in claiming rights to visitation being in the best interests of the grandchild.

If the parents are alive, grandparents face more difficulty in winning rights to visitation. Grandparents who wish to seek court ordered rights need to establish a meaningful relationship with their grandchildren. If they are not allowed to see grandchildren, they should keep a detailed record of their attempts to contact them. Birthday cards, phone calls and other attempts at contact can help in this type of battle.

Family Lawyer Free Consultation

If you have a question about child custody question or if you need legal help with family matters, 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

via Michael Anderson https://www.ascentlawfirm.com/when-your-minor-child-is-pregnant/


Utah Law on E-Cigarettes

Utah Law on E-Cigarettes

There are still people in the state of Utah that smoke. It seems the new generation of smokers is here ready to replace the older generation which is dying off from cardiovascular and pulmonary disease. Currently approximately 10.6% of the Utah population smoke, as of 2009 according to the centers for disease control. This is important for mission as it helps us understand what challenges Lea before us. Statistics, demographics, and other factors related to tobacco use of violence with you to development of a comprehensive tobacco control policy.

When it comes to cigarettes a lot of people have switched to e-cigarettes. For all intents and purposes these are the same.

A study of Utah Law shows that Minors who do not begin smoking before the age of 20 or less likely to pick up a tobacco have it later in life. Minors are impressionable, and many start smoking have a way before the age of 18. To prevent minors from developing harmful habits, the nationwide legal smoking ages 18 years of age.

Smoking Regulations in Utah

The Utah indoor Clean Air Act contains the law regulating smoking in Utah. The ACT generally prohibits smoking in all places of public access in Utah. Places of Public Access means any enclosed indoor place of business, Commerce, banking, financial service, or other service related activity. Such place may be publicly or privately owned and may or may not be operated for profit. The general public will have regular access to the places of public access and this includes buildings, offices, restaurants, shops, elevators, restrooms and other areas. This also means Transportation areas including common carrier waiting rooms, cafes, cafeterias, taverns, shopping malls, retail stores, grocery stores, arcades, theaters, concert Halls, libraries, Museums, Art Galleries, planetariums, historical sites, auditoriums, arenas. this would also include laundromats, salons, hospitals, doctors offices, dentist offices, gyms, and what are commonly known as Sports and Fitness facilities.

Utah Law on Vaping and E-Cigs

Some Utah representative has proposed putting a ban on vaping purchases online. This area of law is still developing and we have represented vaping stores and online vaping stores in Utah. If you need legal help with this, please call our office and we can help you.

Utah law also mandates that places where smoking is permitted should meet with certain requirements. The enclosed area where smoking is permitted must be designed and operated to prevent exposure persons outside the area to tobacco smoke generated in the area. If a lodging facility permit smoking in designated smoking areas in allowed guest rooms, or if a nursing home, assisted living facility, small Healthcare facility, or hospital with a certified swing bed program permit smoking in designated smoking – allowed private residential sleeping rooms, the facilities are handling system or systems must not allow air from any smoke allowed area to mix with air in or to be used in any part of the facility which is a place of Public Access. This would include any common areas of the facility dining areas, lobby areas or hallways.

Utah law has laid down specific penalties in case of violation of the smoking regulations. A first violation of the Utah indoor Clean Air Act as a civil penalty if not more than $100. A second and subsequent violation is a civil penalty of 100 to $500 and authorities responsible for enforcement of this are the State Department of Health and local Health departments. There is no private cause of action that we know of at this time.

Vapor Lawyer Free Consultation

If you need help with e-cigarettes or vaping law in Utah, 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

via Michael Anderson https://www.ascentlawfirm.com/utah-law-on-e-cigarettes/

Divorce in Your 20s

Divorce in Your 20s

It’s easy to get down on yourself if you are going through a divorce while still in your 20s. With so many other friends getting engaged and planning their own weddings, you may feel like you’re heading in the opposite direction. You might also feel that family members and friends are judging you because your marriage is ending.

However difficult it may be, you can move on from the divorce like anyone else, as long as you have the right mindset. The following are a few tips to help you recover from the impact of a divorce at a young age.
Some marriages end. That does not make you a failure, even if it happened relatively quickly. You can chalk it up as a mistake of youth and a bit of naivety. There is plenty of time to move on and start your life anew. You need to be able to figure out exactly what led to your divorce and how you can avoid replicating the mistakes you made. Even after your relationship is over, you can focus on fixing whatever it was that contributed to the end of your marriage.

You have plenty of family members and friends who are going to be more than happy to support you. Take comfort in them and lean on them when you’re feeling particularly vulnerable. It’s going to be tempting to jump right back into dating and a new relationship, but it’s generally a good idea to stay single for a little while after your divorce. This will allow you to rediscover who you are and regain your independence, setting you up for greater success in future relationships. Young people have a tendency to overshare on social media as it is. The last thing you want is to rant about your divorce or your former spouse on social media, especially if the divorce proceedings are still underway.

You Can Appeal a Divorce if There Was a Mistake

If you believe that the judge in your divorce hearings made some sort of error that led to an unfair arrangement or that otherwise impacted your case, you do have the ability to file an appeal. In this situation, a higher court would review the original case and the original judge’s decision. However, it is important to note that you cannot introduce any new evidence during an appeal process — the higher court simply reviews everything that occurred in the original case.

After going through your appeal, there will be one of two outcomes. First, the court agrees that there was a mistake made by the original judge. In this situation, the case may be remanded, or sent back down to the original divorce court. The appeals court provides specific instructions to the lower court about which mistakes to correct and how to correct them. Second, the court denies the appeal. In this situation, the higher court affirms the original divorce decree, meaning that there will be no changes made to the arrangement. No further legal action will occur.

Appeals in divorce cases tend to be rare, because in most cases it’s presumed that the judge is an expert in family law and got the case right the first time around. They also add a lot of extra expense, which most people feel isn’t worth it. However, if the mistake led to some particularly large issues with your decree, an appeal can be a good option for you.

Divorce Lawyer Free Consultation

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 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

via Michael Anderson https://www.ascentlawfirm.com/divorce-in-your-20s/

Utah Law on Returning a Car

Utah Law on Returning a Car

When purchasing a new automobile, Please be aware that there is no 3-day rescission law that applies to motor vehicle purchases in the state of Utah. You do not have a right to return the vehicle because you regret purchasing it, or have decided it doesn’t meet your needs, or you cannot afford it anymore. Once you purchase the vehicle, you assume responsibility for it. Some automobile sellers may have policies that allow you to return the vehicle within a certain number of days, but usually you may return the vehicle only for credit towards the purchase of a different vehicle. Please note that this is a policy set by the seller of the vehicle and not required by Utah state law.

Utah’s Lemon Law

Consumers who buy or lease a new car or motorhome or other type of motor vehicle in the state of Utah with significant defects that can’t be repaired or another word to buy a lemon can obtain relief under the Utah new motor vehicle warranty.

The lemon law apply to new cars under warranty it was extended in 1990 or later to also cover new leased vehicles and motor homes. It does not apply to used vehicles.

For your vehicle to qualify as a lemon under the Lemon Law the following criteria must apply #1 – the vehicle must have been purchased in the state of Utah. #2 – the vehicle must be new and under warranty. Number three the vehicle must weigh less than 12,000 pounds. #4 – the defect must substantially impaired the used market value or safety of the vehicle. #5 – the vehicle must have been to the manufacturer to have the same defect resolved at least four times or out of service to the consumer a total of 30 days during the first year or the warranty period, whichever is less.

If your problems occur after this time, you do not qualify for the Utah lemon law. Also, the defect cannot be the result of abuse, neglect, or unauthorized modifications of the vehicle and the consumer must go through any informal dispute settlement or arbitration procedure the manufacturer may have established.

if your vehicle meets all of the criteria that we’ve referenced herein, your next step is to file a complaint with the consumer protection division of the Utah Department of Commerce oh, our Law Firm has helped and can’t help you with this type of case if you need assistance. You must make sure to include with your complaint, copies of any relevant documents including service records, the arbitration or dispute settlement records, and all other records you have about the vehicle. After your car is determined to be a lemon, you may qualify for either a replacement or cash refund. The manufacturer may charge you a reasonable amount for the use of the vehicle as prescribed by law which is usually 10 to 23 cents per mile. You can have the division try to obtain restitution for you, or you can take a private action with the help of our Law Firm by filing a lawsuit in the District Court of the county in which you reside.

Lemon Law Lawyer Free Consultation

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 legal 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

via Michael Anderson https://www.ascentlawfirm.com/utah-law-on-returning-a-car/

Don’t Trust Divorce Information on the Internet

Don't Trust Divorce Information on the Internet

You should keep in mind that what you read on the internet may be right or may be completely Wrong. The cases and the new developments in the law that are listed on the internet are the one in ten thousand rare exception and may not apply to your particular case.

On a regular basis we have clients come into the office and many of our new clients seem to only know the exceptions to the rules and are not familiar with the rule. This is because of new stories. What makes the top news is not the rule.

For example, if thousands of cases are all resolving the same way, that is not news. That is not something that is going to be picked up by Google searchers. It is not something that is going to elicit a huge volume of texted, linked (in and out bound) and comments by news worthy sources. It is only the exceptions to the rule that will be subject to link, sharing, in and out bound, together with a large volume of traffic. Therefore, people who are searching for joint custody, unique child support problems, or even specific problems with respect to their case and their fact pattern, may only be getting the exceptions to the rule and not what “normally” occurs on a day to day basis in the courthouse.

Think about it, nobody reports on the day to day cases handled by a Judge or Court Commissioner. Nobody reports on the law that is practiced daily throughout Utah, to the same extent, that interest is generated on the exceptions to the rule. Therefore, rather than spending a huge amount of time searching for information about divorces (and often coming up with just the exceptions to the general rules) it is best to contact an attorney.

It is our opinion and our experience that the larger the firm, the greater amount of cases that a law firm will handle. Therefore, the law firm will have real and updated information concerning facts and circumstances affecting couples and children in that location.
Furthermore, it is important to note that when a case is “noteworthy” or “newsworthy” it is usually after the case has “lost” twice or more. Cases in the regular trial courts in Utah State – call the District Court – or sometimes referred to as the “family court” often do not make the news or are newsworthy. It is only after the attorney or the law firm loses the case, that it is appealed to the Utah Court of Appeals. Thereafter, it may be appealed again to the Utah Supreme Court. Then if the case is reversed, or the decision is different or unique, the decision will be noteworthy and it will be the one exception to the rule after an approximate three to five year legal battle and tens of thousands of dollars in costs and lawyer fees on both sides.

Do not be mistaken, although the court decisions will have precedence and may control future decisions, this takes years and there is usually a reason why the case that comes up first on the internet is different from the average, ordinary, and regular day to day case. It stands to reason that if there is one out of thousands and thousands of cases is newsworthy, your specific case has a very poor chance of fitting into the very exact same circumstances. Remember, facts matter. Your situation and the specific facts that have happened in your case matter more than you may realize.

When looking through various medical websites people often see signs and symptoms that they personalize and feel are applicable to themselves. When looking through the internet, people see just a sampling of the law and the practice of attorneys in family law. That sampling is not representative of the average case. In fact, it is usually just the exception to the rule. A small amount of legal information is often worse than having a free consultation at our office.

Divorce Lawyer Free Consultation

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 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


via Michael Anderson https://www.ascentlawfirm.com/dont-trust-divorce-information-on-the-internet/

Immigration and Hiring for Businesses

Immigration and Hiring for Businesses

If you’re the owner of a small business, it’s
highly likely that hiring employees will be part of your many job duties.
Unfortunately, it’s not as easy as just posting an ad for a job and immediately
finding the perfect person to fill an open position. It can often be difficult
to find a good employee, and sometimes you may need to look at hiring immigrant
workers. In any case, the employment eligibility (i.e. immigration status) of
all prospective employees must be checked prior to finalizing the hire.

This article offers answers to some of the
most frequently asked questions when it comes to immigration and employment

Q: Does everyone you hire need to prove that
they are legally eligible to work in the U.S.?

A: Yes. Employers are
required to verify that every employee they hire is legally eligible to work in
the United States. This is done by completing an Employment Eligibility
Verification form (Form I-9) for each employee at the start of employment.

Q: Is an I-9 form required for all job

A: No. An employer is only
required to complete an I-9 form for people that he or she actually hires. The
form must be filed within three days of hiring the employee.

Q: Does an employer have the right to fire an
employee who doesn’t provide the required document(s) within three days of
beginning his or her employment?

A: Yes. If the employee can’t
provide the document(s) because they were destroyed, lost, or stolen, he or she
has the option of providing a receipt for replacement document(s). An employee
who provides a receipt for replacement document(s) has 90 days to provide the
actual document(s). Please note that an employer is required to apply the same
practices and rules to all employees. Failure to do so could be interpreted as

Q: What are the consequences for an employer
who properly completes an I-9 Form for an employee, but the
U.S. Immigration and Customs Enforcement
discovers that the employee is not actually eligible to work in
the U.S.?

A: An employer’s obligation
is to file an I-9 form and verify that the document(s) presented by the
employee are valid and authentic. If the employer does so, he or she will not
be charged with a verification violation. In order for the federal government
to impose sanctions on the employer for hiring an unauthorized worker, it must
prove that the employer had actual knowledge that the worker was ineligible to
work in the U.S. Keep in mind that an employer is prohibited from knowingly
continuing to employ a person whom ICE has determined is not legally authorized
to work in the U.S.

Q: How can an employer make sure that the
document(s) an employee presents are authentic?

A: When it comes to the
authenticity of document(s), the employer is simply required to examine them to
see if they (reasonably) appear to be genuine, relate to the employee, and have
not expired. The I-9 form provides the types of document(s) that are acceptable
for purposes of employment eligibility verification. Photocopies are not
acceptable; however, an employee can present a certified copy of a birth
certificate instead of the original.

Immigration and Business Lawyer Free Consultation

When you have a immigration and business 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

via Michael Anderson https://www.ascentlawfirm.com/immigration-and-hiring-for-businesses/

Simplified Employee Pensions or SEPs

Simplified Employee Pensions or SEPs

Simplified Employee Pensions, known as SEPs, represent an easy, low-cost retirement plan option for employers. Instead of establishing a separate retirement plan, in a SEP the employer makes contributions to his or her own Individual Retirement Account (IRA) and the IRAs of his or her employees, subject to certain percentages of pay and dollar limits. Employers who establish SEPs can – make tax deductible contributions to their own and their employees’ IRAs. Omit or reduce contributions in years when contributions are unaffordable and vvoid the administrative costs and the reporting requirements of conventional plans. Whether a SEP is appropriate for your business will depend on factors such as revenue, firm size and the age, compensation and retirement needs of the business owner and work force. You may want to discuss other retirement plan options with a professional advisor.

What is a SEP-IRA?

SEPs are retirement programs established by you, as an employer, which allow you to provide retirement benefits for yourself and your employees without paying the start-up and operating costs of conventional plans.
SEPs allow an employer to establish and make contributions to IRAs. The two critical differences between SEP-IRAs and other IRAs are (1) SEP contributions are generally made by employers, not employees and (2) the amounts contributed to SEPs can be much larger than the amounts contributed to IRAs. As a general rule, up to 15 percent of each employee’s pay, including your own, can be put into a SEP-IRA each year.

Here are some of the advantages for you as an employer. A SEP can provide a significant source of income at retirement. Contributions to a SEP are tax deductible and your business pays no taxes on the earnings on a SEP’s investments. You are not locked into making contributions in future years. You can decide each year whether to pay into the SEP and how much to contribute. Once you put money into a SEP you have no further responsibility for the amounts contributed. The funds are managed by a financial institution. A SEP can be established and operated without the administrative expenses, consulting fees or commissions usually associated with maintaining a conventional retirement plan. You ordinarily do not have to file any documents with the government. SEPs can be set up by sole proprietors, partnerships and corporations, including S corporations. You can deduct contributions to a SEP for a previous tax year if you make contributions by the due date of the employer’s tax return, including any extensions.

Advantages for Employees of a SEP

The money you contribute to your employees’ SEP accounts, as well as the investment earnings, belongs to them, even if they stop working for you. Employers’ contributions to the SEP-IRA are not included in employees’ income for income tax purposes. Employees pay no taxes on the amounts in their SEP accounts until they start withdrawing the funds. In case of an employee’s death, the assets in a SEP will go to someone the employee has chosen. Employees can change the financial institution where their SEP is invested. SEP contributions can continue until employees retire, but they must start withdrawing assets from a SEP when they reach age 70?.

How to Set up a SEP

You can set up a SEP by using the Internal Revenue Service’s “Model SEP” agreement Form 5305-SEP. All you have to do is the following things – Fill out Internal Revenue Service Form 5305-SEP, a quarter-page form with six blank spaces. This form is not filed with the Internal Revenue Service.
Decide the percentage of pay you want to contribute to the SEP. The contribution is limited to 15% of pay or $24,000* (for 1997), whichever is smaller. A uniform percentage of pay must be contributed for each employee. This number is indexed for inflation each year. Set up an IRA at a financial institution to receive your SEP contributions. An IRA can be set up by or for your employees to receive the contributions you make for them.
Mail the SEP contributions to the financial institutions. Give employees eligible to be included in the SEP a completed copy of the Form 5305-SEP and the other documents and disclosures listed in the instructions, including an annual statement to each participating employee of the amounts contributed to their account for the year.

You cannot use the IRS “Model SEP” if you currently maintain any type of qualified retirement plan or have ever maintained a pension plan for yourself and your employees that promised to pay specific benefits at retirement — a “defined benefit” pension plan. You also cannot use the Model SEP if you have any eligible employees for whom accounts have not been established. For this purpose, eligible employees include certain individuals who have a specific relationship to the employer.
For example, eligible employees for purposes of SEP contributions include “leased employees”, and members of an “affiliated” or “commonly controlled” group of employers of which you are a member. These are technical terms that are defined in the Internal Revenue Code. For example, the term ” leased employees” is defined in section 414(n) of the Code. The term, “affiliated group” is defined in Code section 1504, and the term “controlled group” is defined in Code section 1563. If you believe any of these terms apply to you, you should consult a professional advisor.
Although using the IRS Form 5305-SEP is an easy way to set up a SEP, you do not have to use this model agreement. Many financial institutions have their own SEP arrangements that have been approved by the Internal Revenue Service. In addition, employers may design their own SEP subject to the legal requirements.

If you use a non-model SEP, the law allows you to take into account Social Security contributions you made for your employees. If you want to do this, consult your professional advisor.

Who Must Be Included in a SEP

Generally, any employee who performs services for certain affiliated or commonly controlled employers (see the discussion on page 6 regarding these terms) must be included in a SEP. However, there are five exceptions to this general rule. Employers may exclude from the SEP – Employees who have not worked for the company during three out of the last five years.
Employees who earn less than a specified amount per year. This number is indexed for inflation each year. Employees who have not reached age 21 during the calendar year for which contributions are made. Employees covered by a collective bargaining agreement, if retirement benefits were the subject of good-faith bargaining. Non-resident immigrants who do not earn U.S. source income from you.

SEP Investments

Financial institutions authorized to hold and invest SEP contributions include banks, savings and loan associations, insurance companies, certain regulated investment companies, federally-insured credit unions and brokerage firms. SEP contributions can be put into stocks, mutual funds, money market funds, savings accounts and other similar types of investments.

You and your employees will receive a statement from the financial institutions investing your SEP contributions both at the time you make the first SEP contributions and at least once a year after that. Each institution must provide a plain-language explanation of any fees and commissions it imposes on SEP assets withdrawn before the expiration of a specified period of time.

Simplified Employee Pension Lawyer Free Consultation

When you need help from a business lawyer on a SEP matter, 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

via Michael Anderson https://www.ascentlawfirm.com/simplified-employee-pensions-or-seps/