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The law firm of Cramer | Cramer L.L.C. provides services to clients in the area of family law. Attorney Victoria Cramer provides clients with high quality, zealous, and ethical professional services which are tailored to each individual client. Her objective is to resolve as many issues as possible in her client's favor through strategically scheduled negotiations and mediation. Large percentage of divorce cases do get resolved at the mediation. Some cases, however, cannot be resolved at the mediation. Such cases will be set for trials of evidentiary hearings. If necessitated by the circumstances, Victoria Cramer will represent her clients at trials and evidentiary hearings as she has been successfully doing for the last thirteen years.
Victoria Cramer also represents grandparents in grandparent visitation cases. Grandparents in Utah can petition the court for visitation of their grandchildren if they do not receive visitation at the time when their children visit their minors. Such cases often include situations when the custody of the minor child is awarded to another parent who is not a child of the petitioning grandparent. After establishing that grandparent's participation is in the child's best interest, grandparents may receive visitation rights independently from any parental rights established by their child or children. Attorney Victoria Cramer has achieved the desired results in several grandparent visitation cases.
Whether you are a father or a mother or a grandparent, Victoria Cramer believes that you should be adequately represented in the often complicated and confusing legal process and you should demand the rights given to you by law.
Ms. Cramer offers her clients expertise in the following family law matters:
* Adoption
* Annulment
* Child custody and visitation disputes
* Child support & alimony
* Divorce (contested and uncontested)
* Grandparent's rights
* Lawsuits for paternity
* Modification of divorce decrees
* Mothers' rights Fathers' rights
* Office of Recovery Services/DCFS hearings
* Pre-marital and post nuptial agreements
* Termination of parental rights
Victoria Cramer has helped numerous clients to obtain the desired result in their legal matters.
Recent Victories
The most recent victory is obtaining a favorable judgment for her client in Second Judicial District Court, case number 064700013, Gourde v. Gourde. In this case, the former husband argued that his alimony to the former wife should be terminated because she has been cohabitating with a new boyfriend. The case went to trial and the court ruled in favor of the ex-husband represented by Victoria Cramer, terminating alimony which was scheduled to continue for the next 19 years.
Child Support After January 1, 2008
The Senate Bill 23 that took effect on July 1, 2007 provides for a phase in of the child support tables. All child support orders entered after January 1, 2008 are based on the new guidelines. The guidelines increase the base combined child support obligation tables, change the low income tables and address incomes over $10,000.00 per month. If child support has been set on or before December 31, 2007 the old guidelines will apply to modifications made on or before December 31, 2009. In order to initiate change in child support order there has to be a substantial change in circumstances, like changes in custody, changes in relative wealth or assets of the parties, material change of 30% or more in the income of at least one parent, changes in employment potential and ability to earn, changes in medical needs of the child or in the legal responsibilities of either parent to support others.
The child support guidelines also define income for child support purposes. The guidelines use gross income from any source in order to determine child support, including Social Security benefits, Workers’ Compensation benefits and unemployment compensation. However, Social Security Disability Insurance payments, SSI payments, Medicaid, Food Stamps are excluded. Sometimes gross income can include imputed income. Income can be imputed only if the parent stipulates to the amount imputed, defaults or the judge orders the income to be imputed after a hearing.
The parent-time (visitation) amendments deal with several issues. First, Halloween has been added to the holiday visitation schedule for children between 5 and 18 years of age. On October 31 a non-custodial parent will be able to pick up his or her child after school is out and visit with the child until 9:00 p.m. Visitation time can be extended. Second, amendments introduce visitation schedule for children of 9 months of age but younger than 12 months of age and for children of 12 months of age or older but younger than 18 months of age. The new amendment also adds virtual visitation to parental options.
The new law on child support guidelines is complex. If you need any legal advice in your specific situation, please contact a qualified attorney.
Child Custody - An Overview
Temporary Hearing:
Shortly after the Complaint for Divorce is filed, the family court can hold a temporary hearing and then issue an order that controls the relationship of the parties until there is a final Divorce Decree. The temporary hearing has to be requested by your attorney. When custody is contested, the order creates a temporary custody solution. Unless there is evidence that doing so would not be in the best interest of the child, temporary custody frequently is granted to the person who stays in the marital home. Temporary custody orders should have no bearing on which party will ultimately be awarded permanent custody. However, depending on the circumstances, the temporary custody order may indicate which parent the court thinks is the more suitable.
Custody and Mandatory Mediation:
Utah now requires parties in a contested divorce to attempt mediation. Mediation is an Alternative Dispute Resolution (ADR) process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. Couples may choose to reach mediated agreements on issues like child custody while keeping other issues like property division open for a judge to decide. Couples who resolve their custody disputes through mediation can include a provision in their final divorce agreement that make the mediation process mandatory to return to as a means of resolving future custody and visitation disputes.
Custody Evaluations:
If the parties are unable to reach an agreement regarding custody, sometimes courts may order a custody evaluation prior to trial. Custody evaluation usually needs to be requested by the parties’ attorneys in order to be ordered. A court appointed mental health professional such as a psychologist or a social worker usually does the custody evaluation. The evaluation will include interviews with both parents and the involved children, observation of the children, conversations with teachers and possible psychological testing of both parents and the child. The courts will usually not enter a final determination without a completed evaluation.
Custody Trial:
Most courts decide contested custody cases based upon a determination of what arrangement is in the best interests of the child. Considerations that go into the best interests determination include review of the child's age and attachment to the parent that was the primary caretaker, parental physical and mental health and any history of domestic violence.
Modifications:
Once custody has been established either through agreement or court order, parents may seek court involvement to modify the established arrangement if they cannot agree to a change. In order to support a request for a change the parent seeking the modification must show a substantial change in circumstances not foreseeable at the time of the divorce. A simple “buyer’s remorse” is not enough to request such modification.
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