If you think you may need a family lawyer, you may want to know exactly what does a family lawyer do. Most legal matters involving families with children, especially divorce, a family lawyer can address.
Family law mediates mainly in divorce, child support proceedings, persons in need of supervision and adoption. A clear example of what does a family lawyer do is when a child’s parents divorce and remarry. In the event the step parent seeks custody from the biological parent, the family lawyer would mediate.
Specialties a child custody attorney or child support attorney practice fall under family law practice. You can ask a family lawyer questions concerning child custody and child support, as ultimately child support hearings determine which parent gets child custody, though these are also questions to ask a divorce lawyer.
Published on danparklawgroup.com. To read the full article, click here. For more information on family law and divorce matters in San Diego and/or Riverside county, please visit our website at www.jwbrookslaw.com, and follow us everywhere @jbwrookslaw.
If you’ve just started researching California spousal support basics (or, if you need a refresher), this article will get you started in the right direction. However, if you need specific advice about your individual situation, it’s likely in your best interests to consult with a qualified family law attorney. In the meantime, it will help you to know…
Spousal Support is NOT Automatic
In California, spousal support is not automatic. If you need it, you must ask for it.
After you file your petition for dissolution (initial divorce papers), file your request for temporary spousal support immediately. If you don’t, you may miss out on several months of payments.
In addition, when you consult with your family law attorney, be sure to let him or her know if you want to explore permanent spousal support.
Written by Robert S. Kamin. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
Some child support payments in Maryland could soon go up – a change that state Human Resources Secretary Brenda Donald called “long overdue.”
For the first time in two decades, lawmakers are poised to revise the guidelines that courts use to set child support when divorcing or unmarried parents cannot agree on an amount. Those guidelines are based on household expense data from the 1970s, and although they accommodate rising incomes, advocates say they don’t account for the escalating costs of raising a child.
Human Resources officials estimate there are about 500,000 child support orders in Maryland – a mix of private agreements and court cases.
Written by Julie Bykowicz. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
OCEANSIDE, CALIFORNIA – Going through a divorce is never a pleasant experience. Being forced to pay alimony to your former spouse can be an unpleasant monthly reminder of the chapter you’ve fought to close. But continuing to pay alimony to a former spouse who’s moved on and is being supported by someone else? That is like rubbing salt in a wound for some.
Recently we’ve had a couple of clients who found themselves in this situation and we’re happy to report that the outcome for our clients was favorable. We successfully reduced the amount of spousal support they were required to pay. But these scenarios raise some common questions, which we’re addressing in this article.
Written by John Griffith. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
The Texas Family Code states that a person is entitled to receive spousal maintenance if the person can prove that the other spouse was convicted of or received deferred adjudication for a criminal offense that constitutes family violence. The act of family violence has to have been committed against the other spouse or a child of the other spouse and the act of family violence has to have been committed during the marriage within than two years before filing for divorce or while the divorce action was pending.
An interesting question was posed regarding this provision of the statute; “Does the act of family violence have to have occurred during the two years preceding the divorce or does the spouse have to have been convicted of or received deferred adjudication for family violence within two years prior to filing for divorce?”
Written by Katie Lewis. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
TALLAHASSEE Florida lawmakers sent Gov. Rick Scott a bill Thursday that would drastically overhaul the state’s alimony laws, reforming payments that opponents say have been critical to ex-spouses — mostly women — who are trying to rebuild their lives after the breakup of their marriage.
SB 718, approved by lawmakers by an 85-31 vote, would end permanent alimony, cap alimony awards based on a person’s income and the length of the marriage and make it easier for an ex-spouse to terminate or lower alimony payments upon retirement. It also gives parents equal custody of any children in the marriage.
Written by Kathleen Haughney and Lisa Huriash. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
If you could choose only one word to describe the experience of divorce, which word would you pick?
It’s not an easy task, but when we took the prompt to our readers on Facebook and Twitter recently, they drew from experience and offered up a wide range of definitions. While some said a split was “sobering” and “trying,” others adopted a more positive outlook — “pivotal,” one said, while a reader on Facebook likened divorce to rebirth.
Click through the slides below to read all of the answers, then head to the comments and let us know which word you’d pick to define divorce.
Written by Huffington Post. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
In North America, it’s the judge’s place to decide how the marital assets should be divided. By closely examining the assets of each spouse, the judge can determine if spousal support should be paid – and by whom. In some cases, the assets may generate sufficient income that either no spousal support is necessary or it can be reduced.
Each state has guidelines to calculate spousal support. However, they are generally just that – guidelines. Whether or not spousal support should be awarded is up to the discretion of the judge. The judge can also decide the amount of spousal support and the period of time that it should be paid. In Canada, there are no such guidelines: a judge decides whether or not spousal support should be paid, as well as the amount and duration.
Written by Nancy Kurn. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
A report by the Marriage Foundation, the think-tank set up by the High Court judge Sir Paul Coleridge, concludes that there is “no evidence whatsoever” that recession either increases or decreases the incidence of divorce overall.
The most recent divorce figures from the Office for National Statistics, published in December, showing a 1.7 per cent fall for the year 2011 were greeted with surprise by some law firms which had been predicting a rise.
Several explained that they are still bracing themselves for a post-recession surge in divorces when economic recovery arrives pointing to evidence that many unhappy couples are putting off the split until their assets rise in value.
But a five per cent rise the previous year also took commentators by surprise, promoting the ONS to remark that it was simply “too early to say” whether there is a link between recession and break-up.
But after analysing divorce patterns during years of recession and strong economic growth, the report concludes that there is no particular connection either way.
Written by John Bingham. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
Late last month an article in the Huffington Post raised an interesting issue about spousal support. For those who are unfamiliar with family law, spousal support refers to payments made by a higher-earning spouse to a lesser-earning spouse after the marriage ends in divorce.
Also known as alimony, spousal support can be ordered for a temporary or permanent length of time and often depends on several factors, including the length of the marriage and the earning potential of both spouses.
Historically, men have more frequently been ordered to pay spousal support to their ex-wives, but under the law, either spouse can be ordered to pay spousal support to an ex.
As social norms have changed in recent decades, many women now earn more than their husbands and many fathers are choosing to stay at home to raise their children, meaning that more men could be entitled to spousal support. But as the Huffington Post article pointed out, very few men currently ask for spousal support.
Written by Jerald A. Kessler. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com