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.

“We’ve already worked with several clients who’ve used the game with their children,’’ says Lee Rosen, a board certified family law specialist and president of Rosen Law Firm. “ When parents split, they often find themselves in challenging situations on how to communicate with their kids and Earthquake in Zipland provides them with a unique tool.”

Through the main character, Moose, the game takes children and their parents on an interactive, exploratory quest where they face challenging tasks that uncover emotions including anger, loneliness, and conflicts surrounding loyalty. The game is designed to help children better cope with their parent’s separation through improving their communication skills.

“This is a tool that recently separated or divorced parents can utilize in effectively guiding their children through a smooth transition,” says Jennifer Coleman, life transition coach with Rosen Law Firm and a national certified counselor with a background in marriage and family counseling. “Children will have fun playing this interactive game while addressing some of the emotional issues they face concerning their parents’ divorce.”

Earthquake in Zipland is based on techniques and insights drawn from a variety of fields including clinical psychology, family counseling, and child and divorce/separation therapy.

***

About Rosen Law Firm

Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information visit: http://www.rosen.com

About Zipland Interactive

Zipland Interactive is in the process of developing other high quality edutainment computer games, aimed at helping children deal with common emotional and psychological issues in day to day life. The combination of the two different fields within the group – psychology and game play – has helped to produce a unique approach that is both entertaining and effective. For more information visit: http://www.ziplandinteractive.com

Rosen Law Firm

4101 Lake Boone Trail Suite 500

Raleigh, NC 27607

www.rosen.com

Divorce is Different Here

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.

FOR IMMEDIATE RELEASE

April 26, 2007

PRESS RELEASE

Contact: Alison Kramer, 919-459-8157, akramer@rosen.com

Rosen Law Firm Offers Clients Research-Based Psychological PC Game for Children

Raleigh, N.C.-Rosen Law Firm, one of the largest divorce firms in the state, now offers its clients and their children a new therapeutic resource, Earthquake in Zipland by Zipland Interactive Ltd. It’s the first research-based psychological computer game aimed at helping children ages 7-13 cope with divorce.

“We’ve already worked with several clients who’ve used the game with their children,’’ says Lee Rosen, a board certified family law specialist and president of Rosen Law Firm. “ When parents split, they often find themselves in challenging situations on how to communicate with their kids and Earthquake in Zipland provides them with a unique tool.”

Through the main character, Moose, the game takes children and their parents on an interactive, exploratory quest where they face challenging tasks that uncover emotions including anger, loneliness, and conflicts surround loyalty. The game is designed to help children better cope with their parent’s separation through improving their communication skills.

“This is a tool that recently separated or divorced parents can utilize in effectively guiding their children through a smooth transition,” says Jennifer Coleman, life transition coach with Rosen Law Firm and a national certified counselor with a background in marriage and family counseling. “Children will have fun playing this interactive game while addressing some of the emotional issues they face concerning their parents’ divorce.”

Earthquake in Zipland is based on techniques and insights drawn from a variety of fields including clinical psychology, family counseling, and child and divorce/separation therapy.

***

About Rosen Law Firm

Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information visit: www.rosen.com

About Zipland Interactive

Zipland Interactive is in the process of developing other high quality edutainment computer games, aimed at helping children deal with common emotional and psychological issues in day to day life. The combination of the two different fields within the group – psychology and game play – has helped to produce a unique approach that is both entertaining and effective. For more information visit: www.ziplandinteractive.com

Rosen Law Firm

4101 Lake Boone Trail Suite 500

Raleigh, NC 27607

www.rosen.com

Divorce is Different Here

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.

A family law attorney is a professional that specializes in matters when things go wrong in a family.  This type of attorney can help out with any number of issues that you may be going through so it might be a good idea to just schedule an appointment with them to discuss the issues that you are dealing with and to see if they can be of any assistance.

One issue that a family law attorney can help out with is if you are a parent and you are fighting with the other parent for custody of your children.  This type of battle is often very personal for everyone involved and can become highly emotional.  With this, you might be thinking of representing yourself but it might not be the best route to take especially if you do not feel that you can keep your emotions in check throughout the hearing.

Another time that a family law attorney might be of use to you is if you and the other parent of your children are trying to figure out support payments.  These types of cases are also highly emotional because you are battling over the well being of your children and how much one parent is going to pay and how much the other parent will need to receive each month in order to cover the costs of raising the children.

Again, there are many more instances where a family law attorney can be of immense help to you if you are dealing with family issues so you might want to make an appointment with one if you do not think that you can handle the situation on your own or if you need advice on how to proceed from the point that you are at.  They will likely have a great deal of advice on how you should proceed and will give examples of how they can help you out along the way.

Where petition for fees was submitted prior to entry of a judgment dispositive of the merits of the action, and where the clear import of the language of subsection (a) of this section was that the court may order attorney fees to be paid by either party to either attorney, the provision was given its clear meaning and the trial court properly entered judgment in favor of a firm against its own client. The general rule concerning awards of attorney fees in a divorce suit is that the party seeking such relief must show financial inability to pay and the ability of the other spouse to do so. The fees allowed in dissolution proceeding should be fair to all the parties involved: the attorney to be compensated, the client, and the person required to make the payment.

The amount awarded should be fair compensation for those services which were reasonable and necessary to the action. The propriety of an award of attorney fees depends on the particular facts of each case; in determining whether a party is unable to pay attorney fees the assets of that party must be weighed in light of the parties’ standard of living. To justify the allowance of attorney fees, the party seeking relief must show financial inability to pay and the ability of the other spouse to do so. The party seeking to recover attorney fees must show financial inability to pay and the ability of the other spouse to do so; the decision in regard to fees then rests within the sound discretion of the trial court. Attorney fees in a dissolution of marriage proceeding are the primary obligation of the party for whom the services are rendered. The allowance of attorney fees to an opposing party is justified where the party seeking relief demonstrates financial inability to pay and the ability of the other spouse to do so. Although the trial court is permitted wide discretion in awarding attorney fees, that discretion is not unbounded. The allowance of attorney fees for appeal rests within the sound discretion of the trial court, which allowance will not be disturbed on review in the absence of a clear showing of abuse; fees may be allowed only upon findings of inability to pay by the petitioning spouse, and that the other spouse is able to pay.

The well-established principle that the amount of attorney fees rests in the sound discretion of the trial judge, and will not be interfered with unless abused, applies to support awards. The allowance of attorney fees in a divorce proceeding is not automatic, but depends on a showing that one spouse is financially unable to pay the fees, while the other is able to do so. The decisions whether to grant periodic alimony, attorney fees, and suit money rest in the sound discretion of the circuit court. The matter of fixing attorney fees is one of the few areas in which a trial judge may rely on the pleadings, affidavits on file and on his own experience. Former section 15 of the Divorce Act authorized the trial court to order the payment of such attorney fees as may seem equitable, regardless of the disposition of the case. The awarding of attorney fees rests in the sound discretion of the trial court and will not be interfered with unless such discretion is clearly abused.

Ability to Pay

In General The trial court did not err in requiring ex-wife to pay a majority of her attorney fees. For purposes of determining an award of attorney fees, financial inability exists where the forced payment of available funds would strip a person of his or her means of support and undermine his or her economic stability. The party seeking attorney fees must show an inability to pay, and the ability of the other spouse to pay fees. Before one spouse may recover attorney fees from the other, the spouse seeking fees must demonstrate that he or she is financially unable to pay and that the other spouse has the ability to pay; a mere showing that the other spouse has a greater ability to pay attorney fees is not sufficient to justify an award of fees under this section.

Former Law

Under former Rev.Stat., ch. 40, para. 16 in order to justify allowance of attorney’s fees in a divorce case, the party seeking the relief needed to show financial inability to pay and the ability of the other spouse to do so; however, financial inability was not synonymous with destitution for the income and assets of both parties were considered, and if use of the available funds of the party seeking the attorney’s fees would strip the person of the means of his support and undermine his economic stability, financial inability to pay such fees was shown.

It must be shown that the party seeking this relief is financially unable to pay and that the party seeking this relief is financially unable to pay and that the other party is able to do so; however, when a party does not request a hearing on his ability to pay or his opponent’s inability to pay, the right to such a hearing is waived and the court may base its decision on the financial conditions of the parties as shown by the record.

Installment Order

Few can afford the expenses of divorce without incurring debt, which must be paid by someone; a party who does not have the present ability to pay his own attorney fees can nevertheless be ordered to pay his own attorney, although enforcement might have to be accomplished by an installment order.

Not Shown

Even though respondent had greater earning capacity he could not pay the bulk of petitioner’s attorney’s fees and continue to pay his own monthly expenses and attorney fees.