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.
By Law Article
July 18th, 2009 at 08:54pm
Under Child Custody
Most people assume that once a child custody order has been adopted by the court, it is final and cannot be changed. The fact is that any and all orders can be changed. Letâs take a look and see how and why.
Once child custody orders are adopted there is often a clause that states something about a significant change of circumstances must take place in order for either party to bring a motion to change the order. This language exists to keep the parties from filing frivolously just because they donât like the order. But the truth is that anyone can file a motion at any time.
Some of the reasons that parents might want to change the order are:
Most people worry that once there is a child custody order in place that some drastic must happen to file to change it. The reality is that the changes may be subtle and take time. One very clear example of that is the childâs age. When a child is an infant his mother may breast feed him. It makes sense that the mother would have primary custody (notice I didnât use sole custody) and the vast majority of the visitation time as fathers cannot breast feed. However, as the child grows older and is weaned from mothersâ breast a father that has been active and wants more time can petition the court to change the visitation citing the maturation of the child leading to less dependence on the mother. The significant change in this case is the dependence level of the child on the mother.
Other changes could be a parent who moves a significant distance away. This may require that the visitation be adjusted to find a more suitable balance in visitation versus commute time. But of course the biggest issue is the childâs safety. If some circumstance has changed that has increased the childâs level of danger, like a parent becoming involved with a convicted child molester. This is a scenario that requires that documentation be submitted to the court. Since many jurisdictions have their criminal cases available online, it can be very easy to look up someoneâs history. Make sure you get a copy of the final disposition of the criminal case to present in court in support of your case.
As you can see there are a number of issues that can be considered significant enough to ask for a revision of the visitation order. Donât let your child and yourself get locked into a bad situation because you didnât think you could change the order. Look for what has changed and how a specific change can make it better for your child.
Ed Brooks knows firsthand how difficult “High Conflict” child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum where parents can go to share their experiences, ask advice, and look for support.
http://www.child-custody-forum.com/
By Law Article
July 18th, 2009 at 03:01pm
Under Divorce Law
Choosing a lawyer is like choosing a doctor. You want to find someone who works well with your personality and legal needs. Just because someone is a good lawyer doesn’t mean he or she is the lawyer for you. When you’re looking for a divorce lawyer, keep these tips in mind:
1. Check out the lawyer’s personality.
If the attorney is too vehement or impatient, it might not bode well for you or do you too much good. A divorce is stressful; you’ll want a lawyer that stays calm so that he or she can help keep you calm. Additionally, you’ll want to find a lawyer who is willing to take the time to answer your questions and who understands what is important to you. For example, if the most important part of the divorce to you is getting a reasonable custody settlement, you’ll want to avoid the lawyer that keeps returning to financial settlements in your discussions.
2. Don’t underestimate the power of technology.
There are software programs that you can use yourself that can make divorce proceedings such as division of property and child support more efficient. Furthermore, sometimes it’s easier to keep in touch via email when you both are busy (as long as your lawyer isn’t opposed to phone calls and face-to-face meetings when you need more detailed explanations.)
3. You need someone who has the courage unfolded to tell you the straight truth.
Your lawyer should be willing to be honest with you as well as understand divorce laws. This honesty comes from his or her knowledge of the law and what the likely outcome will be. If your request will likely end up unfavorably to you, your lawyer should be honest. Likewise, you’ll be stressed during the divorce. Your lawyer is the one who should remind you what is important and what should and shouldn’t be pursued.
4. Your attorney must understand all of the complexness around divorcing.
Divorce is not just a legal issue. Many factors are included: kids, property settlement, finances, fiery emotions and the law – if you can think of it, it’s there inside the divorce. If your lawyer spends most of his or time talking about winning or losing the legal battle, he or she may have lost sight of everything else that is affecting you. Find someone who understands divorce support and will be able to help you keep all aspects of the divorce in perspective.
5. Find someone you can afford.
You need to be up front with your attorney if you are worried about paying his fees so that some equitable arrangement can be made. You might be able to change from an hourly fee to a flat rate program that clearly lays out what is involved.
Finding a lawyer is not as simple as calling the first person you find in the yellow pages. Don’t be afraid to call several divorce lawyers and go on to discuss with them your expectations and specific situation before you make your final decision. It’s also helpful to ask the people you know for recommendations.
Len Stauffenger’s parents taught him life’s simple wisdom. As a divorced dad, he wanted to share that simple wisdom with his girls. “Getting Over It: Wisdom for Divorced Parents”, his book, is the solution. Len is a Reiki Master, an author, a Success Coach and an Attorney.
http://www.wisdomfordivorcedparents.com
By Law Article
July 18th, 2009 at 03:01am
Under Divorce Law
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 tenet 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. Both parents income is then calculated and a percentage is fixed for the child’s benefit. 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 increased many fold over the years. Most informed couples believe that it is better to have divorced than to endure 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.
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. Historically 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.
Divorce Recovery Suite is an on-line community-based organization which provides support and information that an visitor may require prior to divorce and after it. Their comprehensive site includes divorce laws, child support and custody, information on 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 video and text chat room where people can share their experiences and problems. Visitors are encouraged to listen to others problems and provide solutions to those problems. You also get access 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.
By Law Article
July 17th, 2009 at 03:01pm
Under Divorce Law
The rate of divorce has increased many fold over the years. Most educated couples believe that it is better to have divorced than endure 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.
Child support is an important issue in a divorce case. The laws across the various states of the 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 tenet 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. Both parents income is then 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. The child support amount that you determine may not be the same amount that the Family Court will order. The child support order may be much higher or much lower, because the Family Court makes the final decision as to what income figures should be used in the calculation based upon the facts presented at the hearing. Some states like Massachusetts use a hybrid of all these methods. The primary purpose of these laws is to make sure that the child receives the best education and lifestyle, often described as “in the best interest of the child”.
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.
Divorce Recovery Suite is an on-line community-based organization which provides information and help that an individual 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, infomation on separation agreements, definitions of adultery, recovery from divorce, child welfare after divorce and a chat room that provides a compassionate community to visitors who are undergoing this uncomfortable process.
The visitors to the site can get exposure to state specific divorce laws and regulations, simple interpretation of the complex laws, live video chat room where people can share their experiences and problems. Visitors are encouraged to share their issues. You also get access 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. Divorce Recovery Suite provides a large library filled with divorce articles.
By Law Article
July 13th, 2009 at 10:38pm
Under Family Law
Smoothing things over becomes an unpleasant task for many amateurs in divorce cases, a task that these people are not usually prepared to face. Bitter words and harsh times can create even more uncomfortable, awkward and very tense situations or environments for the parties involved and even for those around them. Having a professional who can help to fix these situations and draft and create fair, just settlements for divorced couples can be invaluable to these couples as they go through the divorce process.
Strangely, when one thinks of a family law attorney, they often think of those lawyers we have seen on television that have sinister ideas and intricate plots to destroy the lives of their opponents. What one will discover if they spend any time at all with any attorney is that this is simply not the case. The vast majority of attorneys are committed to discovering what is fair and implementing a settlement that reflects this. A family law attorney is not interested in taking a bad situation and making it worse. This does not benefit them at all and goes against the sense of fairness and equality that they fight to protect. A family should never go through a divorce alone, without the counsel of a professional to guide them through what can become ugly situations and hard times.
Especially if there are children involved in the divorce, these situations can become bitter messes from the very beginning. Former couples sometimes spend countless dollars and a great deal of time trying to decide who is going to have custody of their children after their divorce. What is often forgotten in situations such as these is: what is best for the children? A family law attorney will bring their expertise in these situations and past experiences in similar cases in helping the family decide what is best for the children. Many families face the unpleasant requirement of putting their children through a messy divorce when the parents cannot get along or stay married to each other any longer. When divorce seems inevitable, the parents will usually fight often, be miserable and create tense situations inside the home, which their children often pick up on. So, getting divorced may be the best thing for the children in some cases, as nobody wants their children to grow up in these circumstances. A messy divorce, however, will often create the very thing the parents were trying to avoid, a tense and uncomfortable situation for their children. Having a family law attorney to help the parents through these troubled times will help to smooth the situation and create a fair and calm environment for the children.
As everybody knows, divorce is not a fun experience for any party involved, and that includes the children. A family law attorney can help the situation by bringing information, experience and fairness to the situation. This will help the ex-husband and ex-wife sort out their divorce and make the decisions that are best for everybody involved.
By Law Article
July 10th, 2009 at 08:54pm
Under Civil Rights Law
Devoted and loving father John Murtari received a feeding tube today, and says he’s relieved. Murtari, founder of A Kids Right, is carrying through with his passive resistence of not eating or drinking to highlight the need for family law reform, the civil rights of noncustodial parents and equal parenting.
Murtari’s health started to deteriorate soon after he turned himself into the Jamesville Correctional Facility in New York July 31. He lost twenty-eight pounds in 9 days, had such low blood pressure the medical personnel couldn’t get a diastolic reading, had uncontrollable shakes, and was starting to have trouble finishing a sentence. He agreed to cooperate with the doctors when he was told they’d be giving him a feeding tube, so he’s had approximately 30 ounces of water and 2 nutritional supplements since he was moved to the Onondaga County Justice Center August 3rd.
Murtari has been charged with willful failure to pay child support, even though he says he’s been paying as much as he can afford. His child support order was calculated by using the salary of a previous job, at twice the income he makes now.
This practice of imputing income has thrown many noncustodial parents into arrears, threatening their drivers’ and business licenses, and their freedom, like in Murtari’s case. What was once created to protect the children of “deadbeat” parents is now turning average people; normal, loving, responsible, law-abiding parents of both genders, into criminals.
A rally was held in front of the Onondaga County Courthouse yesterday on the International Day of Demonstration for John Murtari and Equal Parenting. Demonstrators came from as far away as Canada, and from all over New York.
Kris Titus of Fathers4Justice/Canada was dressed as Wonder Woman and Jim Hayes of Fathers and Families New York was dressed as “the elephant in the room.” Joel Benjamin, member of Fathers4Justice/USA, Tammy Bowman, member of the New York Civil Rights Council, Guy Lavigne of Fathers4Justice/Canada, Jennifer Kuhn of the National Coalition of Free Men/Greater New York, Mark Young of Exiled Fathers/Virginia and Chris Shaw of the Children Equal Parenting Association of Canada were also present. Several television crews stopped by and interviewed participants, and two articles have been published in newspapers. (links below)
In a show of support for Murtari and Equal Parenting, photos have been sent to the Purple Ribbon Campaign from all over the world. (Purple is known as the color of equality.) Family law reform advocacy, and activism, is occurring in dozens of countries, where a common phrase is, “The best parent is both parents.”
Post Standard – August 10 – Jailed Activist Refusing Food
Finger Lake Times – August 10 – Lyons Man Refuses Food, Water
By Law Article