Child support is typically allotted for minors when a parent becomes single after a divorce to help promote a better life for the child. Child support helps provide for the disabled child so they can seek education, remain healthy, and thrive into adulthood. For children with physical or mental disabilities, child support may need to continue into adulthood as they may need lifelong care from another person. If the child is unable to be self-sufficient due to a range of conditions, a court could rule to have the payments continue.

Extending Child Support Into Adulthood

Financial support is given to the parent caring for the child the majority of the time to help support the child through their minor years. These court-ordered payments end when the child turns 18, but when disabilities or independency considerations come into play, the courts could extend payments. You must meet certain criteria in order for your state to extend the payments from your ex-spouse. 

The severity of the disability plays a role in the future payments you will get. If the disabled child has a significant physical or mental impairment, the courts will often award you with continued payments. Adult children who can not work, feed themselves, care for their own hygiene, or drive will receive the most monetary compensation. 

If the child was diagnosed with this disability after they reached 18 years of age, child support payments may not be awarded. Children with a lifelong disability or one that has come to light in the teenage years will be more likely to recieve continued support. While child support modifications can happen, the amount of child support you recieve may not be sufficient for a disabled child. These cases are treated as unique and could warrant additional support.

Who Pays For The Adult Disabled Child?

Just like child support for minors, the noncustodial parent will make payments to the custodial parent. Courts could consider the financial situation of both parents when it comes to the disabled child and determine if the family may need additional assistance. Government assistance, Medicaid, or Supplemental Security Income could be awarded to you if the child’s disability is extensive. Parents who are single and raising a disabled child may not be able to work full time, so these payments and government assistance will help give the child a better life. Additional assistance is determined based on your state’s laws.

Steps To Take For Your Disabled Child

If you are looking to recieve support for an adult child, there are a few steps you need to take to present your case to the local court system. The first step is to find a trusted attorney who can learn about your specific situation and understands your state’s specific requirements. A family law attorney will be best equipped to handle child support cases.

Next, you will file a petition to request an extension of support for the disabled child. A lawyer will help you craft this petition, but it will typically outline your child’s needs and why you feel that you need additional support. File the petition before existing payments end.

Medical documents may also need to be shared with the court system to make your point. This will confirm the disability’s impact on the child’s independence and the amount of support you will need throughout the adult child’s life.

Finally, you will also share your financial records and documents to show what monetary support you are providing for your child. The child’s expenses, medical costs, housing, therapy, or caregivers can help establish the need for ongoing support.

Legal Help From Kaufman, Nichols, and Kaufman

Our legal team is committed to helping you have the best family situation possible. KNK lawyers are well-versed in family law, including child support, custody, divorce, domestic violence, and adoption. Our attorneys have earned a reputation because of our successful cases and the care we provide for all of our clients. No matter what case you are dealing with, we have a skillful approach to all legal cases, but we also listen to your concerns and treat you with compassion. 

In addition to family law, we also cover criminal cases, wills and estates, and personal injury. Covering a broad range of legal issues allows us to serve multiple clients in the state of Utah. Each attorney with our firm is happy to meet with you and help you find a solution to your legal problems. Reach out to us or visit our office in Ogden, UT, to learn more!

During a divorce, there will be proceedings focused solely on dividing your assets. In a digital world, there may be “property” that is not physical, but still needs to be divided. Intellectual property (IP) has become important during divorce cases because it can hold significant value. If you are in the throughs of divorce you need to understand if your Intellectual Property is at risk. Our divorce lawyers are here to help you have a fair division and navigate the emotional turmoil of divorce. 

What Is Considered Intellectual Property?

Intellectual property refers to creations and inventions. Any things that is creative will fall under intellectual property rights and could be split with your ex-spouse. Things that could be considered intellectual property include:

• Manuscripts
• Artwork
• Logos
• Inventions
• Books
• Software
• Brand names
• Slogans
• Confidential business information
• Formulas
• Royalties of all types of creative works

When IP Is Considered Marital Property

Multiple factors can impact when intellectual property may be considered marital property. Intellectual property that was created during your marriage will be considered marital property. If you developed a business, or logo, or wrote a book during your marriage, this will need to be split during a divorce. The proceeds from any creative work will be discussed by your lawyers to help determine what a “fair” split would look like. While the division may not end up being 50/50 it will need to be offered to each partner. 

Courts will also consider who the creator of the creative work was and how much each spouse contributed to the creation. Lawyers and judges will look at direct contributions and indirect contributions and take those into consideration. 

Some states may have additional laws that impact intellectual property. Some states will follow community property laws or have equitable distribution principles in the divorce proceedings. 

• Community property refers to property that is acquired during marriage like income and debt. In a community property state, your property will be divided equally. 
• Equitable distribution principles look at more personal factors like income, length of the marriage, or other contributions to the marriage. The court will look at what each spouse can provide and determine what is equitable for their specific situation. 

The Value Of Intellectual Property

The value of your creative works or developed business secrets will be assessed against several methods, including market value, income approach, and cost approach. This will look at the current value or useability of the IP as well as how it will change in the future. Evaluating the expense it took to create and develop the intellectual property will also play into its current value. The value of IP will help determine what you get during a divorce when your spouse has rights or time in the creation. 

Dividing Intellectual Property During A Divorce

The best way to have a positive split of intellectual property is to discuss and negotiate. Determining a fair split will be much easier when you involve lawyers and mediators to help keep the facts straight. Mediators will help keep emotion out of the situation and work hard to reach an agreement that is acceptable to both parties. 

When dividing IP is not feasible, royalty-sharing agreements or buyouts are an option. Royalty-sharing will require the holder of the IP rights to share an agreed-upon portion of the income. Your ex-spouse may not want half but may want to have some of that passive income going into the single life. 

Buyouts are used when complicated divorce proceedings make it difficult to split things equitably. One partner can buy out the other’s shares in the creative work. While this will have a higher financial cost upfront, it could save you from regret later on, if the popularity of the IP continues to grow. Buying out your ex-spouse will limit your contact with them in the future.

How To Protect Your Intellectual Property

Even if you aren’t worried about an impending divorce, there are ways you can protect yourself for the future. To protect your intellectual property you can:

• File a prenuptial or postnuptial agreement
• Have a clearly defined contract of who is the owner of the IP
• Maintain detailed records throughout the creation process
• Consult legal experts about how to ensure your rights are protected

Divorce Help From Kaufman, Nichols, And Kaufman

Our lawyers love to help with family cases and divorce cases in Utah. KNK has over 100 years of collective experience that will help you approach divorce with confidence. We know that divorce is vigorous and emotional, so we are here to support you and help you get what you deserve according to the law. No matter what matters you are struggling with, our team can help you navigate child custody, personal injury, criminal charges, and estate planning. Reach out to us to learn more about our affordable options that can help you approach the future with hope. Contact KNK through our consultation form to start today!

Those who are going through a divorce may find it hard to stay in the same home as their soon-to-be ex-spouse. A common question that divorce lawyers get is should you leave the marital home before the divorce is final? Many factors can affect the answer to this question, especially if your partner has been abusive. Depending on the reason for your divorce, children, and financial situation, leaving the marital home may not be possible until after the final proceedings. 

If you or someone you know is experiencing domestic violence, help is available. Reach out to the National Domestic Violence Hotline at 800-799-7233 or text BEGIN to 88788. 

Impact On Custody

If you and your spouse have children who live in the marital home, leaving before the divorce is final could damage your custody battle. Most often the parent who stays in the marital home with the children will end up being awarded the home in the divorce. It is unlikely that the courts will remove your partner who stayed in the home and reinstate you. If it is safe to do so, staying in the home to help with your children until the divorce is final will yield better results. 

Abandonment Claims

For no-fault divorces, abandonment claims are less of an issue, but for fault divorce filings, leaving the home could hurt your case. Issues could be brought up in court and be used against you during the divorce proceedings. Your partner could claim that you have abandoned your shared responsibilities or financial obligations now that you don’t live in the marital home.

Personal Peace

Sometimes the reason for divorce is frequent conflict or fear of retaliation. Leaving the home you have shared with this partner could bring you some peace and lower your stress level. Depending on your situation, the cons of leaving the home may not outweigh the peace you could recieve. Those who have been abused, manipulated, or emotionally tested could find peace in finding a temporary living situation outside the marital home.

Paying For Two Residences

The marital home is often the largest asset that a divorcing couple has. If one partner moves out of the home, this could impact the division of property during the divorce. Leaving the home, even if you are on the deed for the home, could cause the courts to award the home to your partner during the divorce.

Moving out prematurely could cause other financial repercussions as well. Leaving a home you have spent so much time in can cause your life to feel uprooted. Paying a mortgage on two places or looking for a place to rent on top of your mortgage can cause financial stress. Finances will already be tight during a divorce, so moving out prematurely could leave you deep in debt. 

Consult Your Attorney

Before you make any major decision while going through a divorce, consult your attorney for advice. Moving, job changes, leaving the home, dating, and more could impact how your divorce plays out. Speaking with your attorney and asking them for advice will help you proceed with caution. 

When Leaving Is Necessary

Abusive partners, those threatening harm, or ones who are stealing from you are often reasons you should leave the marital home before the divorce proceedings are final. Depending on the specifics of your situation, you may be able to live with family or in a safe house until the legal proceedings have commenced. When staying the home puts you or your children at risk, you should prioritize safety above all else. Local resources can make the transition to a new space easier and protect the safety of all family members.

Divorce Help From KNK Lawyers

Kaufman, Nichols, and Kaufman are the top divorce lawyers in the state of Utah. We help those who are going through a divorce, looking to adopt, seeking guardianship, or need estate planning. Legal problems over family disputes can become confusing. Whether you need legal counsel or an aggressive lawyer during a trial, we are ready to help. Our legal team at KNK will help you navigate these matters with ease and ensure that you get the best outcome possible. Reach out to our law office in Ogden, UT today to learn more about our legal team.