Child Support Lawyer: Understanding Child Support After Divorce 

child custody lawyer

Divorce is a difficult thing to go through, for both parties involved. But it’s especially hard for children of broken families, which is why understanding child support is so important. This article will help you go about the process.

When to Apply for Child Support

It is recommended that parents apply for child support as early on as possible. Parents can apply for child support either after their separation or during their divorce proceedings. All you need to do is hire a child support lawyer to help you with the application. They can apply for custody and child support at the same time, or even after the divorce is final.

Child support payments

The parent who has custody of the child is due to receive continuous child support from their spouse, and they may continue to receive this child support even if they remarry. A biological father must legally support his child financially even if he isn’t married to the child’s mother, or even if he never had a relationship with her. His denial of being the biological father gives the mother the right to demand the court to ask him for a paternity test.

A support agreement is needed to pay child support. This can either be created by the parents themselves, using the Child Support Guidelines, and have a divorce lawyer sign and put everything in writing, or they can go to a mediator and get the support agreement arranged.

When to Stop Paying Child Support

A parent will legally cease to be obligated to pay child support when the child turns eighteen years of age and is no longer a dependent, or if the child seeks emancipation after the age of sixteen years. You should note that you can sometimes be required to pay for an extended period especially if your kids have to go to college and they can’t support themselves.

Conclusion

Remember that divorce is a long, drawn-out process that requires Careful thought and consideration. If you have children and are getting divorced, consider sitting down with your partner to discuss all your child support and custody options before going to court.

To make the process easy and avoid airing your dirty linens in public, have the divorce negotiations with your former spouse. You should hire a family lawyer to act as a witness. It’s only after you have failed to agree should you now go to court.

Posted in Family Law | Tagged , , , , | Leave a comment

Alimony Attorneys: What You Need To Know About Alimony

alimony attorneys

Alimony refers to the payments made to a spouse, mostly the woman, upon separation or divorce on a court’s order by the judge. To have an easy time when going through a divorce, you should arm yourself with a divorce lawyer who will guide you through the process.

Types of alimony

Temporary alimony: Its support ordered if the parties separate before divorce.

Rehabilitative alimony: The lesser-earning spouse is given support for a period of time until he or she becomes self – sufficient with a stable job.

Permanent alimony: Its support paid to the lesser earning spouse for life, or until the remarriage of the recipient.

Reimbursement alimony: This support is given to compensate for the expenses the spouse incurred during the marriage and their contribution towards the spouse’s developments while still married.

Amount given after divorce

The amount you get after divorce depends on some factors. To get what you deserve, it’s wise that you have experienced alimony attorneys by your side. The amount and period of the maintenance depend on these factors:

  1. Marriage length: The longer the marriage lasted, the longer the alimony will be paid. Marriages of over 10 years mean the spouse is entitled to permanent alimony.
  2. The Age of the spouses during divorce: The younger the spouse, the shorter the term of the maintenance because it’s assumed the spouse will move on and remarry at some point in future.
  3. The potential financial prospect of the spouse: A spouse with high potentials of becoming wealthy in future is obliged to pay more to his spouse.

Other factors that can lead to a spouse getting higher alimony include poor health.

However, if the spouse engaged in an affair resulting in a divorce, in most states, he or she isn’t entitled to alimony.

Conclusion

When filing for alimony, it is key that you keep tabs of your expenditure. Have your billing statements in order, the shopping receipts, the bank accounts for educational investment for your children and any other expenses you incurred during the marriage, including the household expenses.

Remember, in all this, in case children are in the picture put most of the alimony into a savings account for future prospects.  If you are the kid’s custodian, have a child support lawyer help you get enough amount to comfortably take of the children. You should also use the alimony for a good course such as investments.

Posted in Family Law | Tagged , , , | Leave a comment

Divorce Lawyer: What You Need To Know About The Prenup

divorce lawyer

Signing a prenuptial agreement before getting married is a crucial decision that always comes up with major legal considerations. It only focuses on matters that would only come up during divorce. Such agreements can protect your personal assets in case of a divorce.

Things to include in the document

To have an easy time signing the document, it’s always wise that you do it under the guidance of an experienced divorce lawyer. When drafting the document, you need to include some things that include:
Child support: Although some couples include child support details in their prenuptial agreement, the truth is, the agreement should not have stipulations about child custody or caring of the children. When it comes to matters of the child, the court usually deems this as not enforceable, and it would take it upon itself to determine the child’s future.

If child support details are included and are not valid or unworthy, the court would very likely cancel the entire document. To avoid this, enter the child support details and let a reputable child support lawyer go through it.

Debts and Assets: To make sure that the marital property is safe, you should always specify on who is going to be paying particular debts. Failure to this, the lenders may end up taking away some of the marital property if one of you does not pay up.
When it comes to the assets, the agreement should explicitly specify on who is getting what. Some spouses would like to retain some of the family inheritance, and if it is not declared, one may end up sharing it or losing it altogether.
Promises: At the height of love, it’s common for couples to make promises to each other. When it happens that you promise anything to your partner, and you put it in the prenuptial agreement, you should make sure that you are able to follow it through. For instance, if you promise to buy her a car after the termination of the agreement, you should live up to the task. If not, the court may invalidate the agreement as they would term such acts as a fraud.

Things to note when drafting a prenup

Ambiguous language: When writing prenuptial agreements, the language used should be unequivocal and straight to the point. As rule of thumb avoid any language that is confusing.
Having an attorney: It is always advisable to have a family lawyer go through the agreement before signing it. Most couples sign the document with the assumption that everything is going to be fine. Having a lawyer, in fact, separate lawyers, will make sure that both of you are aware of all the provisions and requirements of the agreement and that you are doing it willingly.

Posted in Family Law | Tagged , , , , | Leave a comment

Military Divorce Lawyer: Understanding Military Divorce

Military Divorce Lawyer

If you know almost nothing about military divorce, this is an opportunity for you to explore this unknown world. Being military changes the process of divorce, concerning the procedures, there is no big difference, but the nature of the work imposes a number of constraints:

For example, if one of the spouses is abroad for a mission, divorce proceedings slow down a little, and in extreme cases, the duration may be significant. To have an easy time with the procedure, arm yourself with a military divorce lawyer who will guide you through the process.

The Uniform Service Veterans’ Protection Act “(USFSPA)

The conduct of the divorce is governed by the Uniform Service Veterans’ Protection Act “(USFSPA).

This law authorizes the person who begins the first divorce proceedings to apply his claim provided he is a resident in that country.

But if one of the spouses is a military official, he has several privileges under the Act: First, only the countries that represent the official residence of the army agent have the right to complete the Divorce to the end, among other things the division of the pension and the expenses related to the divorce.

The “Servicemembers Civil Relief Act” (SCRA)

In some cases, the separation operation does not resemble that envisaged in the case where the two spouses are outside the military, because if one or both of them are in active service, the SCRA law comes to treat this special case.

In the normal case, one of the couple files a divorce application after which the other member is called to formally respond to this request. This is the SCRA Act, which authorizes the extension of the estimated response time of 90 days, renewable several times.

But do not worry, it will not last long, it will come one day when the two members find a solution: either the divorce or the cancellation of the whole operation. To understand the process better, have the guidance of an experienced divorce lawyer.

Children in a military divorce

Even if you are parting ways, you have to support your children. The court takes into consideration several factors before deciding the amount of money allocated to the children of a divorced couple. Once fixed, the amount is invariable unless there is an urgent need for a new hearing and the court may, therefore, change the value of Support for children.

You should note that your spouse might want you to pay more than you can. To prevent this from happening you should have an experienced child support lawyer by your side.

Posted in Family Law | Tagged , , , , | Leave a comment

Tips To Consider When Hiring A Family Lawyer

family lawyer

When hiring a family lawyer, it is important that you hire a specialist who can handle the actual cases and not someone who only knows how to file documents and affidavits in court. An experienced lawyer will know a lot of people in courts that could also include the judge presiding over your case.

This can mean the difference between you winning or losing the case. When you are looking for a lawyer for your case, there are a number of tips you need to put into consideration. Some of these tips include:

Hire a local attorney

It is imperative to get a local lawyer to fight your case. Someone who knows the town and its people well. A specialist will know the everyone on the court, so when it comes to fighting your case, they can customize the presentation of the case to fit the eccentricities of the presiding judge and make sure you get a positive outcome to your case.

Go for an experienced professional

To increase your chances of winning your case go for an experienced professional. While every case has its own nuances, a specialist would have handled many cases of similar nature and know what the next steps are instead of groping in the dark.

During a hearing they will know the best approach, what to lead with, the questions they must ask and how to present a winning case. Previous experience in similar cases would have also made them wiser, and they can anticipate the next steps of your opposition as well.

In addition to the experienced divorce lawyer handling the case expertly, he/she will also help you in keeping your emotions in check. Emotion runs high in court cases that involve family matters.

The right lawyer will not let emotions run sound judgment and can be a pillar of support to you and your family in times of tremendous stress. Expert lawyers in the family matter will respect that there is nothing more important than family and work in a dedicated manner to deliver the best results to you.

Avoid a cheap lawyer

Whether going through a small or high-asset divorce, you should hire the best lawyer you can afford. Specialist lawyers will have great networks and vast resources at their disposal that they can mobilize to help you win the case. As rule of thumb avoid a cheap lawyer as he/she will most likely be inexperienced thus not give you the service you deserve.

Posted in Family Law | Tagged , , , , | Leave a comment

Military Divorce Lawyer: Things You Should Know When Going Through A Military Divorce

Military Divorce Lawyer

A military divorce is subject to a different set of laws than a regular civilian divorce. Consulting with a military divorce attorney versed in these differing requirements is a good idea if you are involved in a military divorce. In addition to hiring an attorney, here are other tips to consider when going through a military divorce:

Military divorce tips

  • Track and comprehend net wage and all factors that affect Modified Adjustable Gross Income (MAGI).
  • Know about the Combat Zone prohibition – Service in a battle zone may imply that a bit of pay is barred from salary.
  • Know about the 2003 Military Family Tax Relief ACT – This identifies with the offer of the home, regularly bringing about movement. The new law offers a unique case to the utilization and possession (2 out of 5 years) manages for the administration individuals in “qualified authority expanded obligation.” The control is stretched out from five years to ten years for the single property.
  • Exploit training credits – The administration part, companion or award is qualified for charge credits or reasoning’s if enlisted in a school or professional school.
  • Know about the programmed two-month expansion – Check with a bookkeeper to check whether you are qualified.
  • Lasting Change of Station and Child Tax Credits – These credits can ease the income trouble on moving families. If you aren’t sure of how to go about it, ask a family lawyer to guide you through.
  • Missing the mark regarding 20 years – Divorcing before the administration part accomplishes 20 years of respectable administration to fit the bill for retirement pay can be impeding to the non-military companion.
  • Military benefits subject to unexpected guidelines in comparison to QDRO – Divisible in the case of divorce, military annuities are liable to unexpected principles compared to the Qualified Domestic Relations Orders (QDRO) for private retirement records or Domestic Relations Orders (DRO) for state and metropolitan benefits.
  • Divorce settlement and kid bolster – are likewise subject to uncommon tenets.
  • Hotel or nourishment in lieu of BAH or BAS – Depending on the state, family law courts may similarly dole out/credit salary to an administration part which gets cabin or sustenance in place of BAH or BAS.
  • Military lodging is viewed as an “in-kind installment” – much like an organization auto given by a private segment business.

Conclusion

Contrary to common perception, military retirement assets are not automatically available for the spouse of a service member. Depending on a number of factors such as other assets, the length of the marriage, and others, a spouse might not receive any benefits. The complexity of military divorces can be great, and as such, you need to make sure you do everything you can to secure the divorce settlement you deserve. To have an easy time, work with an experienced divorce lawyer.

Posted in Family Law | Tagged , , , | Leave a comment

Tips To Consider When Going Through A High Asset Divorce

high asset divorce

Engaging in divorce may cost you a lot of fortune. Divorce can be a blessing that is worth to bet on or a curse that will eat all your assets away. Even if you and your partner are wealthy, the divorce can be more expensive.

In a high asset divorce, property division is always an issue. Even if you have a prenuptial agreement in place, there are some assets that you might have obtained together. In such a case, there will still be the division of property disagreements. When you are going through a divorce, here are tips to put in place.

Get a divorce attorney

A divorce attorney can set your assets, organize, and evaluate them. You will be aware of what you are entitled from the marriage. A divorce attorney will be very helpful if there are several assets, properties, stock holdings, significant retirement amounts, and other benefits. Since divorce is usually emotional, the lawyer you hire will act as a mediator between you and your former spouse.

Organize all of your assets

Knowing your own asset is an important thing. It can be anything that has monetary value. Obviously, it is the house, cars, boats, businesses, stores, and other properties. It can also be small but valuable things such as jewelry and collectibles.

After you have listed all assets, you can distinguish them if they are separate property, marital property, or community property. An object is a separate property is one owns it before the marriage. You can put your assets together on your own but for ideal results, hire an expert to help you out.

Make it private

To avoid the long court battles, you should work with your family lawyer and spouse and solve your issues in private. In addition to this saving you time and money, it also eliminates the shame that comes with airing your dirty linens in public. It’s only if you have failed to agree that you should go the court route.

Even if you go to court, all court filings must be held private. You don’t want anyone to meddle in your own business. High wage earners and people with significant assets always proceed with private court filings. The court filings may contain sensitive information such as the number of their own asset if it is exposed in the divorce.

There are courts that will allow private court filings. Only the parties involved will be able to see the court proceedings and documents.

Posted in Family Law | Tagged , , , , | Leave a comment

Alimony Attorneys: What You Should Know About Alimony

alimony attorneys

Divorce is not easy, yes and alimony exists to settle financial disputes among the couples involved. Spousal support or alimony, whichever term you prefer to use simply means payments from one spouse to another after as part of a divorce. If this is the first time you are going through the divorce, here are a few things you should know about alimony:

You have to find an alimony attorney

Once you have come to a conclusion that you have to part ways with your partner, you should find alimony attorneys to guide you through. The lawyer will act as an intermediary and help you agree on an amount that you are comfortable with.

The court makes the decision if you are unable to do it

To have an easy and less stressful divorce, it’s always wise to solve the issues between yourselves and your attorneys but, unfortunately, in most cases divorce is inevitable, and spouses have to find their way to court. To formalize and actualize agreements on the length of spousal support as well as the total amount to be paid. The court takes into considerations different incomes of the spouses involved as well as determining their assets.

The court also looks at the number of children involved, their ages and specific needs. The standard of living must be maintained after divorce, this and others are factors that the court looks at before the awarding alimony.

Even if the court decides on the amount that you or your partner pays, you should have a divorce lawyer by your side to speak on your behalf in the event the court makes a ruling that you are uncomfortable with.

The paying spouse has to honor the alimony payments

Once the divorce is finalized, and maintenance order issued then your ex-spouse is expected to make payments as scheduled by the agreements. In case your partner fails to do so it is then highly advisable not to take matters into your hands, don’t show up at their door ranting.

No just seek legal advice and the matter can be handled from there. If your spouse fails to make the agreed payments, work with your family lawyer and present the issue in court. Refusal to honor the court’s decision to pay alimony may as well as lead to a jail term or other legal consequences.

Conclusion

This is what you need to know about alimony when you are going through divorce. To have an easy time work with a reputable lawyer to help you through the process.

Posted in Family Law | Tagged , , , , | Leave a comment

Understanding Legal Separation Agreements

legal separation agreements

Legal separation agreements are precursors to the ultimate divorce. The agreements is actually a contract which declares how the couple that is legally married may go on to live individual lives while they’re in the process of the divorce process. Both people remain husband and wife. Yet, they often want to live individually as if they weren’t a wife or husband. One person typically files for the separation agreement after filing an original application for divorce proceedings.

Things involved in legal agreements

The agreements involve a number of the very same matters that the courts go into in a divorce court hearing. The separation contract may define child support installments, visitation plans, alimony, custody, asset distribution, and so forth. It is critical for both sides to reach realistic agreements. To help you reach logical agreements, you should work with a reputable family lawyer.

The courts use the agreements as the first step toward its judgment in the divorce hearing. For example, whenever a couple defines a particular quantity regarding child support throughout the separation, the actual judge will most likely order the significant other to pay the very same total amount after the divorce case. The same thing applies with child custody and visiting rights.

Legal Separation Contracts Vs divorce proceedings

The greatest difference between legal separation and divorce proceedings is the fact that two people continue to be married. There are several benefits to working with a legal separation arrangement established.

One benefit is health related benefits. A spouse’s health benefits would not terminate during the period of legal separation. A divorce judgment may end that person’s protection plan. Throughout legal separation, both parties have an entitlement to the other’s monetary resources unless stated to the contrary within the original agreement.

Acceptable Behavior during the agreement

A legal separation will allow both partners to work through the difficult areas to their contract before a divorce process. During this time, you should behave respectably while also respecting one another. Mainly because separation contracts take place well before divorce actions, each person is accountable to conduct himself or herself reasonably.

Neither husband or wife ought to defame the other spouse’s character. This kind of behavior may well hurt the children or even destroy the other ‘s livelihood and/or their personal life. Furthermore, the spouses will not wish to demonstrate infidelity during this period as it can certainly hurt the outcome of the divorce case.

Conclusion

If planning on going the legal separation way, you should consult a divorce lawyer. The professional will not only help you with drafting the agreements, he/she will also help you make the decision whether the accords are right or not.

Posted in Family Law | Tagged , , , , | Leave a comment

Mistakes to Avoid When Drafting And Reviewing Prenuptial Agreements

drafting and reviewing prenuptial agreements

A prenup is a legally binding agreement that is created by a couple who are about to get married. It contains obligations and certain rules that both of you should abide by during a divorce. It mainly addresses the financial aspects of the couple. Creating a prenup is a perfect idea for a newly-engaged couple. For ideal results with the prenup, you should avoid making certain mistakes. These mistakes include:

Not Having Legal Representatives

For your prenuptial agreement to be valid, both of you should have your own attorneys. It is important to note that you cannot make use of your partner’s divorce attorney and vice versa. This basically means you cannot have the same lawyer. Each attorney will make sure that their client fully understands the prenuptial agreement before the signing is done voluntarily. To save money, some couples draft the document alone and go ahead and sign it. Without the lawyer’s signature, the document is void, and it will be thrown out of the courthouse.

Waiting Until The Last Minute Before The Wedding

A prenup must be done in a calm state of mind and way before the marriage ceremony is formally held. The prenuptial agreement could be termed invalid if it’s done shortly before the marriage or under duress. It’s therefore advised to do it at least six months before the wedding or 3 months minimum in advance so it could give both parties ample time to think and talk through the issues. This will also give your family lawyer to go through it and make any necessary adjustments.

Being Shy About it

The document is not the most unromantic thing you can do for your soon-to-be spouse, it can also be an awkward topic to talk about. But later, as the marriage life goes, the union might come to a dead end. Therefore, if a divorce is in the cards, then the prenup will go a long way in helping you understand some of the issues it covers.

Hiding Information

When creating a prenup, one needs to be as honest and as open as possible and divulge every kind of information that may be resourceful in the event of fallout in the union or other eventualities covered in it. If you or your spouse hides some important information, the prenuptial agreement might, later on, be invalid if a divorce occurs. To ensure that you don’t leave anything, ask your lawyer to help you with the drafting and reviewing prenuptial agreements.

Posted in Family Law | Tagged , , , , | Leave a comment