July 19th, 2009 at 09:01am
Under Divorce Law
If you are going through the trauma of divorce then it is the best to know the rules. Read on as we tell you some facts about divorce…
Child support is an important issue in a divorce case. The laws across the various states of USA are more or less uniform on this. There are various child support programs and funding by the state. Most follow the Family Support Act of 1988 to the core. The main motto of this law is that the interest of the child will prevail over all other’s interest. Payment for child support is calculated on the basic of three formulas. The first is Income Shares. This is the most used formula where an estimate of the total amount required for raising a child properly is calculated. Then the both the parents income is calculated and a certain percentage is fixed for the child fund. The second method is called Percentage of Obligor Income. This is based on the non custodian’s income. The third method is known as Delaware-Melson method. This allows the clause of ability to pay in the process. Some states like Massachusetts use a hybrid of all these methods. The main purpose of all these laws is to make sure that the child receives the best education and lifestyle. .
The rate of divorce has increases manifold over the years. Most educated couples believe that it is better to have divorce than a broken marriage. A divorce is always a very difficult and serious decision for any couple. Irrespective of the time that they have spent in matrimony, divorce can be tough proposition. Not only does it tax the concerned parties mentally and economically but there are other important issues like child custody, property share and alimony to be settled.
Divorce Recovery Suite is a private organization which provide all the information and help that a couple requires prior to divorce and after it. Their comprehensive site includes divorce laws, child support and custody, legal separations, child visitation rights, divorce settlements, grounds for divorce, separation agreements, definitions of adultery, recovery from divorce, child welfare after divorce and a chat room that provides a passionate help to all the couples who are undergoing this uncomfortable process.
The visitors to the site can also get hold of state specific divorce laws and regulations, simple interpretation of the complex laws, live chat and video room where people can share their experiences and problems. Visitors are encourages to listen to others problems and provide solutions to those problems. You also get assess to a country wide list of divorce and separation attorneys, counselors, physical and spiritual healing methods, father’s and grandparents’ rights and solutions to issues of parental alienation. They have regular updated information on the site.
Alimony issues also play an important role during a divorce. This refers to the amount that is paid by one ex-spouse to the other. Some also call this maintenance law or spouse support. Initially courts had a tendency of deciding on the alimony amount directly proportional to the number of year stayed together. But recently the trend is shifting. Now limited duration marriages draw maximum alimony. A spouse who is economically at a disadvantage receives this amount. Alimony is also more common in cases where one parent desires to stay home to care for the children for a period of time.
July 10th, 2009 at 06:18pm
Under Adoption Law
Family Law – Adoption
The concept of adoption refers to the act by which an adult formally become the guardian of a child and thus incurs the rights and responsibilities that come with being a parent. It is a formal legal process in which a legal relationship between a child and guardian is formed. This legal relationship means that the adopted child becomes the legal heir of the adopter and terminates any legal rights that were in existence with the child’s natural parents.
There is a lot of law surrounding adoption and the laws surrounding it often change depending on which state you live in. An example of this is the fact that depending on your state and jurisdiction you may have no options open to you when it comes to the type of adoption that you opt for. There are two types of adoption, which are open and closed adoptions. Open adoptions enables a child’s birth mother to select her child’s adoptive parents. A closed adoption means a child’s birth mother gives up all of her rights over the child, which allows a state administration agency to conduct the selection process. Depending on your state you can choose which of these methods of adoption you wish to opt for but in other states you will be dictated on what method of adoption you will have to go through.
If you are hoping to adopt a child then it is important that you comply with adoption laws. These laws are generally subject to state laws and regulations. State adoption laws are primarily comprised of laws from two sources, State statutes and State case law but what is the difference between the two? Well state statutes are provisions that are enacted by state legislatures that regulate the subject matter of an issue. State case law however consists of rules of law that come from the written decisions of judges who hear and decide litigation within that jurisdiction.
The one aspect of adoption that people always seem to get confused about is the fact that people always seem to think that in order to adopt you need to be with an adoption agency. In some cases this may be the best thing to do as you have the help and support of people who are experienced and trained in all aspects of the process but you don’t have to opt for an adoption agency. You can go through the process of an adoption through contact with the child’s biological parents; this is known as independent adoption. What happens in these cases is that the natural parents of the child take on the responsibility of finding suitable adoptive parents. Often, the natural parents will place the child in the prospective adoptive parents’ house for a trial period without the natural parents having given up their rights.
The process of an adoption cannot be finalized unless the court makes an official finding that the individual is acceptable as an adoptive parent. The court must pass an investigatory report that has been submitted by the state agency that states an individual is suitable for becoming an adoptive parent. These reports are often very detailed and will include an individual’s religious background, social history, financial status, moral fitness, mental and physical fitness, and criminal background.
I feel to stand the best chance of gaining court approval for your adoption you need to enlist the help of an adoption agency as they will be able to provide you with all of the information, experience and skills that are needed for you to successfully seal your adoption. They will be able to advise you and guide you through the entire adoption process. I feel that they will help you through the adoption process so that it goes smoother and quicker.