Tag: Domestic Violence

Categories
Family Law

Understanding Alimony and Maintenance Laws in a Divorce

Spousal support in divorce is money awarded to one spouse by the court in a divorce or separation. It is also known as alimony or maintenance and is designed to help the payee partner achieve independence after the marriage ends. The judge decides if and how much to award, and it usually lasts for the length of the marriage.

A court can order one of the former spouses to pay alimony based on a few different factors. First, the court must determine each party’s earning capacity. It can use a number of formulas and worksheets to figure out the amount each ex-spouse will receive.

Each state has its own rules for determining spousal support. New York, for example, uses a chart that starts with a calculation of both parties’ combined incomes. Once the total is determined, it is then subtracted from each party’s individual income to come up with the spousal support amount.

In some states, a person can claim a tax deduction for spousal support payments. However, that rule will soon change as a result of the tax cut passed by Congress in 2018.

The length of the marriage is another factor when it comes to spousal support awards. If the marriage is short-term, such as less than five years, a judge will generally not award permanent spousal support to either party.

A judge may also order spousal support in cases where one spouse has a significant disadvantage when it comes to earning a living due to age, health conditions, or other circumstances that would prevent the recipient from working. For example, if one spouse has a medical background but took several years off to raise children, that ex-spouse may be entitled to a certain amount of alimony to help the recipient return to work.

Payments can be made directly or to third parties, such as health insurance companies, mortgage holders, or life insurance companies. These payments are sometimes called “third-party alimony” or “external spousal support.”

If the recipient spouse fails to comply with the terms of an alimony order, it is easy to go back to court to ask a judge to enforce the alimony orders. The judge can then impose wage garnishment, levies, or other legal actions against the payee to collect any unpaid alimony payments that are owed.

Many of these types of actions can be a challenge to obtain, but if you’re diligent about gathering evidence and presenting it in court, your chances are good that the judge will see your case favorably.

In some situations, the spousal support payment may be reduced, suspended, or terminated as long as the paying party has changed his or her situation. A reduction or suspension of spousal support is commonly requested when one spouse has remarried or has died.

When it’s time to make a decision about spousal support, you’ll need an experienced Miami divorce lawyer to assist you with the process. Your lawyer can help you understand the laws in your state and how a judge can decide whether or not spousal support should be awarded.

Categories
Family Law

Factors That Determine the Court’s Decision Regarding Child Custody

When you are involved in a divorce and you are seeking custody of your children, there are many factors that need to be considered. You will need to understand the legal aspects of child custody, such as the right to visitation and support.

In establishing legal child custody, the court looks at many factors. These include the mental and physical health of the parents, the home environment, the children’s needs, and the totality of the circumstances.

There is a long-standing rule that the best interests of the child are the most important consideration. This rule is enshrined in DRL 70. However, it does not mean that all cases are equally important.

The court will often look at the parties and ask what their preferences are. The judge can also evaluate other evidence. For example, if a parent has substance abuse problems, the court will look at the situation in light of the fact that one of the parents might not be able to provide the child with proper care.

Another factor the court will consider is the primary caretaker of the child. The parent who has the primary caretaking duties is considered to be the custodial parent.

Some courts refer to this as the ‘primary placement’ of the child. If the child’s parents cannot agree, then the court can establish a visitation schedule.

There are a number of factors that the court will consider when it decides how to establish physical custody of a child. They will try to ensure frequent contact between the child and the parent. These factors include the mental health of the individual, the environment the child will live in, and the wishes of the child.

The decision should always be made with the best interests of the child in mind. This means taking into consideration the wishes of the child and how the parents can work together to create an atmosphere that will benefit the child.

Shared physical custody gives children the opportunity to have two homes. In addition, it offers children the chance to have two engaged parents.

When it comes to legal custody, the court will look at the parent who is the one to provide a child with the legal authority to make important decisions. That includes education, medical care, and extracurricular activities.

If the court establishes child custody, the parents may be able to negotiate a visitation schedule. The schedule could be based on the daily schedules of the two parents. A common visitation schedule might be every-other weekend or two weeks during the summer.

However, this is not a guarantee. There are times when a parent will refuse to follow the agreed-upon schedule. This can lead to a legal dispute. It is best to consult an established child custody attorney serving Miami before attempting to modify the court’s visitation schedule.

There are many factors that go into determining a court’s decision regarding child custody. Generally, the court will consider the best interests of the child. Specifically, the court will look at the parent’s ability to care for the child.

Some courts will award joint custody. Joint custody means that both parents have joint control over the child’s education, religious upbringing, and medical care. Typically, a court will award joint custody to parents who can communicate well, and who can effectively perform their duties as parents.

The court establishes child custody in accordance with the best interests of the child. This involves considering the wishes of the parents, the relationship between the children, and the physical and mental health of each individual involved.

A parent may file for a modification of an existing order. To do so, he or she must show that there has been a significant change in circumstances since the last order. In addition, the non-custodial parent must receive notice of the case and be given the opportunity to appear before the Support Magistrate.

The Law Department’s Interstate Child Support Unit handles petitions to enforce child support orders. It also helps with establishing parentage and assists with modifications to existing orders.

Joint custody is when two parents share decision-making authority for their children. When the parents live apart, a shared custody arrangement becomes impractical. Alternatively, the courts can award sole custody to one parent.

A parent’s finances play a large part in determining custody. Specifically, the Florida Child Support Standards Act formula is based on 7.65% of the parent’s gross income.

 

Categories
Family Law

Child Custody – Do You Have the Right to Custody of Your Child?

There are many things to consider when it comes to child custody. First, you should be aware of the legal process. There are different ways to get your child back, but the most important is to make sure that you have enough evidence to prove your case. Generally, you can do this with the help of a family law attorney. Your lawyer can analyze your case and help you decide whether you have the right to custody of your child.

Depending on your situation, you can request visitation or full custody of your child. If your biological parent is not able to raise your child, you may have trouble getting the visitation you need. However, if you are in a relationship with a non-biological parent, you can request visitation to keep in contact with your child. A judge will usually grant this request if it’s in your child’s best interests.

California courts have a “Standard Possession Order” that is designed to protect the best interests of children. It specifies how much time each parent gets with the child on a regular basis. In this case, a parent can spend four nights a week with the child and three nights with the other parent. However, this arrangement may change over time. The custody and visitation schedule can be negotiated, and you can always request a change if necessary.

Another option for child custody is shared physical custody. While this doesn’t involve an exact 50-50 time split, it’s still better than sole custody because the child is guaranteed to have significant contact with both parents. This arrangement is also known as joint legal and physical custody, but it’s not always the best option for parents who don’t get along. Having frequent transitions between the two homes can cause a lot of conflict between the parents. You may contact an experienced San Diego child custody attorney to help you make your case.

In some cases, a child is placed with a nonbiological parent. If this happens, the court will likely issue a default order to get custody of the child. In these cases, the court will also make an order that will set visitation and custody schedules. If you’ve chosen joint custody, you’ll have to communicate regularly with your ex-spouse in order to keep each other informed of what’s happening with your child.

In these cases, the court will make the decision based on “best interests of the child”. This means that the court will consider the wishes of each parent, the child’s educational situation, and whether or not the child feels comfortable with either parent. It will also consider the child’s preference and physical and mental well-being. This is a critical consideration when it comes to child custody. You may want to contact a lawyer as soon as possible to learn more about this process.

California courts have jurisdiction over child custody until the child reaches the age of 18 years. During that time, the courts can award custody to one parent or both parents. Child custody cases in California are determined on a case-by-case basis. If you’re unsure of your legal rights and options, contact a family law attorney for advice.

If you and your ex-spouse are unable to reach an agreement on custody, you should try to work out a shared physical custody arrangement between both parents. This can help keep your child’s routine and help them feel comfortable with both parents. Even if you’re living far apart, joint physical custody can still help your child.

 

Categories
Family Law

Annulment or Divorce – Understanding the Difference

Filing for divorce isn’t the only option. An annulment can also be done. Domestic Relations Law SS140 defines annulment. Before filing for an annulment, you should consult a lawyer. The process of annulment isn’t as easy as filing for divorce, so it’s important to consult a lawyer. An annulment isn’t final until both parties have consented to the divorce and both parties agree to it.

Whether or not your spouse will pay spousal support depends on the length of the marriage, the age of the spouses, and their ability to earn income. Alimony orders can be indefinite, or they can be reviewed if a significant change in the circumstances occurs. In the event that a party can’t afford to pay spousal support, they can file for temporary orders. This way, they can continue to pay support to each other while they are in the divorce process.

Alimony payments can be either monthly or lump sum payments. While most alimony orders are periodic, some judges can order lump sum payments for maintenance purposes. These lump sum payments can either be in cash or in the form of a transfer of property. The process of dividing property is separate from the alimony payments. In a long marriage, alimony payments will likely be made by the breadwinning spouse. However, in some states, women are still required to pay support to their former spouse if they wish to remain together.

A significant change in circumstances can make spousal support payments less than optimal. A substantial change, however, must affect more than “insignificant” to qualify for a modification. The parties can also agree to change the amount of support that is to be paid to the other spouse. A modification petition must be filed if you want to change the amount of support. If your divorce settlement does not include spousal support, you may have to take on a full-time job to pay support.

Alimony is another issue to discuss during the divorce process. It can be either permanent or temporary. The former spouse can agree to pay alimony or the court may order him or her to pay it. Sometimes, alimony is paid as lump sum, which is in lieu of property settlement. Once a divorce is final, the payments can be either lower or higher than the temporary amount. Alimony is often a major component of a divorce settlement, so it is important to know the legalities surrounding this issue.

When filing for divorce, both parties must be living in the same state. A spouse must have lived in the state for at least three months before filing a divorce petition. If neither spouse meets these requirements, the court will not accept the case. Legal grounds for divorce differ from state to state. At-fault grounds include adultery, abandonment, and criminal conviction. A spouse may also end the cohabitation for health reasons or self-respect. But there are also no-fault grounds for divorce, such as irreconcilable differences.

Spousal maintenance, also known as contractual alimony in Texas, is one of the most emotional aspects of a divorce. Spouses who are less educated or have been out of work raising children often request spousal support. The latter is likely to believe that he or she deserves compensation for giving up an education or a job for the children. In reality, both spouses must pay spousal maintenance, even if the former spouse is the one who earned the money.

While spousal abuse is often the most common cause of divorce, many couples also acknowledge that a lack of love and commitment may have a role in the outcome. In fact, more than three-quarters of divorces can be attributed to excessive conflict. This means that one or both partners may not have met their true potential in marriage. Those who endorsed this item were on average 23.3 years old when they got married. The average age of participants who did not endorse this item was 29.

The courts aim for an equitable division of marital assets. This does not mean an equal division; rather, equitable division is an allocation that comports with fairness and justice and provides the parties with their fair share of post-marital self-sufficiency. As long as both parties disclose all their assets and debts, the court should award each party what they are entitled to. It is also important to understand the rules surrounding alimony. For those who are wondering about alimony, this article will guide you through the process.