Child Support in New York

Any couple that goes through a divorce has to deal with many issues, but those that have children usually go through even more acrimony when dealing with custody and support for their children. Child support is financial support provided by the noncustodial parent. Child support includes, cash payments (based on the parent’s income and the needs of the child), health insurance for the child, payments for child care, and payments for reasonable health care costs that are not covered by health insurance. Family Court determines the amount of child support the noncustodial parent will pay. Under New York State law, parents are responsible for supporting their child until the child is 21 years old.

There are guidelines in which the court uses to determine the amount of child support that is owed to the custodial parent, based on the noncustodial parent’s adjusted gross income and on the number of children involved. The court first determines the noncustodial parent’s gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children.
Then the noncustodial parent’s share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

The main problem that many noncustodial parents have an issue with is that many fill out long and tedious expense forms and when it comes time to determine the monthly the courts do not take into consideration the expenses of the noncustodial parent. If you cannot pay your child support you can file a “petition for modification” with the court that issued the support order. Only the court can change what you owe. Just because you think you cannot pay, do not stop paying. Continue to pay what you can while you wait for the court to make a decision. You should know that the court will only change the amount of support you need to pay if there has been a substantial change in your ability to pay.

Dealing with child support and child custody it can be very emotional, remember that in the end you want what is best for your children.

Quick Divorce Miami — 4 Myths About Divorce Mediation

Are you looking for a quick divorce in Miami? Then I’ll tell you what many people have probably already told you before — hire a divorce mediator. But if you have doubts about divorce mediation, this article will debunk four of the most common myths about this relatively new practice.

Myth #1 – Mediation Is Like Marriage Counseling.

I’ll say it once and for all — mediation is NOT marriage counseling. Divorce mediation operates on the assumption that you, and your spouse, WANT the divorce. And so it works towards quickly and conveniently reaching a compromise that both parties are happy with.

Your Miami divorce mediator will take your needs and expectations from the divorce, and then impartially compares them with your spouse’s. Then, taking the divorce laws of Florida into consideration, your mediator will craft a settlement that both you and your spouse will find acceptable.

Myth #2 – Mediation Is An Unnecessary Expense.

It’s a given that divorce is expensive. When done the “usual way,” you’ll have two lawyers (yours and your spouse’s) battling it out in court, with their endless debates and adversarial letters going back and forth for over a year. As your legal bills pile up, why add the cost of mediation to the mix, right?

Fortunately, that’s not how it works. Hiring a divorce mediator actually happens BEFORE you go to the courts. Couples who do so can look to save up to $12,000 or more, because they don’t need the services of their lawyers yet while the divorce mediation sessions are going on.

Myth #3 – Mediation Only Delays The Inevitable.

Sure, divorce is inevitable between you and your spouse. But hiring a divorce mediator is hardly a delay! In fact, since divorce mediation avoids the usual confrontation and endless debates, it actually saves time by helping you and your spouse reach an agreement much more quickly.

The average time required by a divorce mediator to help couples reach amicable settlements is 90 days — 15 months less than what the courts usually take to do the same! Your mediator will ensure a quick divorce in Miami by helping you and your spouse reach an agreement, drafting it up, and then forwarding it to your lawyers to be finalized with the courts.

Myth #4 – Mediation Is Discouraged By The Legal System.

Yes, some lawyers disagree with divorce mediation, and insist that the legal system is still the best venue to process divorce cases. We can’t blame them for saying so — after all, they make much of their living processing divorce cases!

But today, Miami courts actually like divorce mediation. Since they won’t have to sit through months and months of debates, they speed up the processing of other cases. What’s more, divorce mediation is also recommended by lawyers who sincerely care for the well-being of their clients and their families.

Want A Quick Divorce In Miami?

The answer is simple — find a good divorce mediator! The best ones out there have been doing it for quite a while, have good knowledge of the Florida legal system, and have a long list of satisfied clients in their portfolio.

The Real Divorce Cutting the Ties that Bind

Your divorce decree is only step one in moving into a new life after divorce. The real divorce is the cutting of the emotional, mental and physical ties that still bind you to your ex-husband. This is the real work of divorce recovery: becoming a single woman possessed of confidence, self-esteem, an enthusiasm for life and most important, a complete break from the emotional turmoil that led to your divorce in the first place.

All too often, women experience the same conflicts with their ex that originally led to divorce: constant arguments, reactive behavior leading to emotional upsets, old patterns of reliance, the barrage of destructive barbs aimed at your self-esteem and deep hurts. To truly be divorced you must put forth great effort and inner work that will sever your ties to your ex and you must build a structure that will facilitate that work.

Let me give you examples: You and your ex have children together therefore you must be in contact with one another on a regular basis. Unfortunately, your discussions with him always end in an argument. Nothing happens easily. The deep resentments and hurts suffered in your marriage and actual divorce remain intact. You each know each others hot buttons and continue to push those buttons resulting in upsets. Its the old marriage still running the game. You continually get sucked into this abyss.

If this is the case for you know that you have not divorced on an emotional level. You are an ex-wife versus a divorced woman. Somewhere inside of you there is still an attachment of some sort to either your marriage or your ex. You need to look inside to determine where you are still tied to him.

Acceptance of your new place in life is mandatory. Acceptance comes from acknowledging that your marriage is over with no hope or wish for it to continue. Acceptance allows you to living in a way that reveals a freedom from the past. It means living in the present and the future. It takes work but before you can do this work, you must put in place new rules that will lay the groundwork for a completely new relationship with your former husband. These rules are there to protect you from any further hurts or upsets.

You must build a new structure that empowers you versus disempowering you. Take the analogy of going on a diet to lose weight. You need to create an environment that will both motivate and move you towards your goal. To do so you remove all of the temptations that lead to over-eating or eating the wrong foods. You clean out all the junk food form the cupboards and replace them with healthy and non-fattening foods. You create a support system with a friend who you can call when you feel yourself slipping into your old eating habits. You take on a partner in your exercise program. In other words, you do everything that you can to surround yourself with ways to achieve your goal.

You must do the same thing when you are working at disentangling yourself from your ex. Create an environment that will help, not hinder your progress towards true independence. Remove all the temptations to stay connected to your ex. Within this framework you are free to do the inner work of healing.

Why is a Divorce Attorney in Los Angeles necessary for a divorce to be successful

Marriage indeed binds a man and a woman in a marital union thus to be together for the rest of their life. However, if the love that bonded the two has faded and certain circumstances have dulled the relationship to a point that it is no longer possible to live together. At this point, divorce is the legal solution to resolve this problem hence, dissolving bonds of matrimony of a man and a woman. Because this separation may need to go through a legal process and may involve matters of spousal support, child custody, child support as well as distribution of property and debt, the need for a Divorce Attorney in Los Angeles to properly represent a party in court.

In finding the right Divorce Attorney in Los Angeles, there are factors that you must consider:

You need to interview at least two or three Divorce Attorney in Los Angeles that may handle your case. Whoever answers your inquiries in the most satisfactory way, then that can be a basis for your decision.

You need to make sure that the Divorce Attorney in Los Angeles you will be hiring is transparent in terms of his intentions as well as about the fees that will be charged for the services rendered. If such lawyer could not give you direct answer, he/she may not be the right representative for you.

Though you can now scout for a Divorce Attorney in Los Angeles over the internet, it is still a wise move to personally visit the firms physical address and see how they really work. With this you can see check their professionalism. Also having a lawyer that is a good listener of your concerns may be able to provide you with an effective service

Lastly, you need to make sure that you check the portfolio of the Divorce Attorney in Los Angeles thus making sure how experienced he is in handling such case. To add to that, it has been discouraged to hire friends or relatives to represent you unless they are really qualified enough to professionally represent you.

Once you have chosen your Divorce Attorney in Los Angeles, you will meet and discuss all related matters that have significance in the case. Once this has been done, the important document s that is required for the filing of the divorce at the court of law will be gathered. From there, the probability of winning a decision will be assessed as well as the validity for the grounds of filing a divorce is also being determined. By the time all necessary preparations are done, the next step will be the divorce trial where both parties will be cross-examined as witnesses by the opposing partys representative. After the cross-examination, the close arguments will be given. At that point, the verdict will be rendered by the judge and an order will be signed. Hence, having a good representative will ensure that your rights will be protected in this divorce case.

Whenever there is a need to file a divorce, you need the representation of a Divorce Attorney in Los Angeles. Also, properly screening a prospected divorce lawyer will ensure that all divorce issues will be addressed legally.

Brooklyn Personal Injury Lawyer

If you have been the victim of a car accident or you have been injured by another’s negligence, then you should know that speaking with a personal injury lawyer as soon as possible after the incident is vital. It is almost always beneficial to have a reputable personal injury lawyer by your side.

Anyone can become subjected to a personal injury. In these types of circumstances, it is critical that you have a personal injury lawyer to help you make your claim towards your pain, suffering, and injuries.

Car accidents are the leading cause of several types of injuries differing in severity depending on the brutality involved. In most car accidents, it is due to the negligence of the other driver that you may suffer an injury; therefore, you will want to hold them accountable by filing a claim. Aside from car accidents, workplace accidents account for the next highest amount of personal injuries.

When you have been the victim of a personal injury, it is in your best interests to hire a reputable Personal Injury Attorney that can guide you in filing your claim. Regardless of the type of accident, it is important to know your rights. A good lawyer can help lead you in the correct way to file a claim and help you understand all to which you are entitled.

It is important to not simply hire the first lawyer that you find in the yellow pages. When it comes to personal injuries, not just any attorney will do. You want a lawyer that has a lot of experience with personal injury law cases. Many claims may start out general and then become much more complicated, and in these types of cases it is critical to have a knowledgeable attorney at your side. Only a great lawyer can get you the compensation that you deserve.

Do not expect to find your attorney after just a few phone calls. Finding the best lawyer will require time, effort, and research on your part. There are several ways that you can research the best attorneys and, once you have compiled a substantial list, you can then compare the attorneys to find the one that suits your case best.

Narrow down your list and then plan to meet with the top ones on that list. It is best to meet with a few and then go over your options. This way, you can discuss your claim and obtain feedback. It is important to go over your claim with each lawyer to help you decide who is best to handle your claim. The lawyer should be able to go over exactly how he or she will process your claim.

You have the ability to obtain referrals for different lawyers from many different sources. You probably have friends or acquaintances that have had experiences that called for a personal injury attorney and they can refer you based on their experience. Additionally, there are also directories that list lawyers and their specific practice areas. These directories also list fees and other information that you will need to make your decision.

Minnesota Divorce Can We Not Just Agree

As a Minnesota divorce attorney, a question that is often posed to me by my divorce and child custody clients is, “Can’t my spouse (or the other party) and I just agree to something on our own?” Normally, my answer to that question is a resounding “yes” the more you can agree to, the less there is to argue between the attorneys and the less Court involvement that will be necessary. What this normally also means is the divorce or custody proceeding will be easier on your pocket book as well.

However, there are a few exceptions to the “lets just agree to this and follow it” approach. First, if the agreement pertains to minor children in any manner, the Court will always apply an independent “best interests of the child” analysis. In other words, just because you agree to something, if that agreement impacts minor children, the Court could reject the agreement.

With regard to child support, there is a legal presumption that the statutory child support guidelines must be used in all child support determinations. If the parties wish to agree to a different amount, they must provide to the Court an explanation on why this “deviation from the guidelines” is in the children’s best interests.

For an initial child custody determination, the standard for the Court would be “what is in the best interests of the children.” If the parties agree to the child custody and parenting time schedule and provide an explanation for it, generally the Court’s will defer to this agreement. The Courts generally appreciate the parties reaching an agreement on custody and parenting time because in most cases the parents know their children the best and know what is best for their children. So, if they can agree on custody and parenting time, the Court should adopt that agreement.

The tricky part arises when the parties wish to modify an existing Court order (a post-decree modification). For example, John and Jane got divorced. They had two minor children, Jenny and Jimmy. In the divorce, Jane was awarded sole physical custody, the parties were awarded joint legal custody, John was awarded parenting time every other weekend and was ordered to pay $1,000.00 per month in child support. One year after the divorce, John was terminated from his employment, began receiving unemployment and was home for the majority of the days. Based on this, the John and Jane agreed between the two of them that they would modify their agreement to provide for joint physical custody, each spouse alternating every other week of parenting time with the children and that neither spouse would pay to the other spouse any amounts for child support. John and Jane agreed to this in writing, each of them signed it, but they did not submit it to the Court for a Judge to sign and file with the Court.

John and Jane’s agreement would be considered an “extra-judicial agreement.” Is it enforceable? Maybe.

Minnesota courts have approved extrajudicial modification of an existing divorce decree through stipulated agreement. There is a policy favoring the use of stipulations in divorce proceedings. But these stipulations are given considerably less weight when the agreement involves children. The Court is not bound by stipulations involving child custody. Further, child-support stipulations are given less weight to protect “the welfare of the children” as the paramount consideration.

Are Fully Free Divorce Forms Helpful

Divorce is not a joke and it has been found through various surveys that more than 40% marriage cases ends up in divorce out here in United States. This is not a small percentage and it has been found that majority of these cases ends up through violence. A single marriage might cost around $28000. However, a single divorce also needs expenses equal to buying the car. This is certainly not a small amount. Thus, divorce is not a cheap process. However, it is a necessity and most of the people want to have it as they find out that it is the only solution.

There are many kinds of divorce forms and all of them have some specific job to complete. There are separation forms, divorce decree form, uncontested divorce forms and many more. They are available in court, market, and they are available online as well. The free divorce forms however, are available online only and you cannot get them free anywhere else.

It is important to know the divorce laws in detail; otherwise, it is hard to search for the divorce forms. There are generally two kinds of divorce possible. The first one is the adversarial and the second one is done through mediation. Mediation can be cheaper but the adversarial cases are always costly. Generally, in these kinds of cases, more money is required and hence most of the couples try to find the cheaper method for divorce. It is definitely true that majority of divorce cases in United States are headed by the violence.

However, these are due to relationship and personally both of the spouses wants to break the relationship through easy process. This is the main reason why the divorce forms are now being made available online and many firms are now in this business. These forms can be bought free of cost through many sites. However, there are many pitfalls of the online forms as well. It is hard to find out that these free forms are original or fake. This is the most important problem with the divorce papers and thus there are some facts, which need to be kept in mind.

There is much kind of forms available. The first one is the complete step by step instruction set, original answer forms, affidavit for inability to pay, waiver of citation, affidavit for citation by posting, final divorce decree, certificate of last known address, testimony for divorce and many more. Some of the other forms like marriage settlement forms are also quite popular.

Each product is quite useful and has its own importance. However, sometimes it is better to pay some amount and not buy them free of cost. There might be some virus affecting your computer through free products. Some sites however, can be trusted and free divorce forms can definitely be bought. Through this process, the total cost will be only around 250 to 300 dollars. The adversarial cases cost around 28000 dollars and hence there is no doubt at all the online divorce forms is advantageous.

How to Come Out Of Your Divorce With the Best Overall Outcome

The proceedings can be a very difficult time in the lives of individuals that are going through it. Whether you are a man or woman, there many things that need to be taken into account as you are looking at all of the different things that you need to take into consideration. Divorce is never a fun time for anyone, and you need to make sure that you are properly handling the entire ordeal to the best of your ability. There are many things that need to be taken into consideration in order to help you to come out of the situation with a positive outcome, hopefully for both individuals, although there may be some conflicting interests that keep this from happening. A do other things that you can do in order to influence a positive outcome from your divorce proceedings include;

Lawyers For Legal Representation

The first thing that you need to do if you are going through a divorce, is to find lawyers that are going to be able to help you with your legal representation. There many things that need to be taken into account throughout the ordeal, and lawyers that are specially trained in this field, and knows how to handle a variety of situations that normally would be problematic for individuals to handle on their own. There are many things that you need to take into consideration when searching for a Dallas divorce lawyer, which is also encompassed by Dallas Business Lawyer firms as well. You need to make sure that your lawyers know what your goals are in the divorce, what you would like to keep, and what you are willing to part with if there is a settlement. The last thing that you want is for this to go to court, so reaching a settlement can definitely be something that will be in your best interests in the long run.

Compromise

Any divorce proceeding is going to require a little bit of compromise on your end. You need to make sure that you are not being greedy, and are willing to part with the possessions that are rightfully your spouses. Although the laws say that each divorce should be around 50-50 in terms of assets being split, you also need to take into consideration what was yours prior to the marriage, and what was theirs prior to it. Some marriages start with a prenuptial agreement as far as who keeps what assets in the likelihood of a divorce, and what assets are going to be off-limits to each individual. Some prenuptial agreements will have clauses in there that state if infidelity is a part of the divorce, that there are going to be a number of different things that they need to look at.

It it is important that you go into every divorce proceeding with a good idea what you are looking to get out of it, as well as what you are willing to part with. By being able to compromise, and having the appropriate legal representation, you are my going to have a much higher likelihood that you come out of it with a positive outcome.

The Why and How about a Prenuptial Agreement

Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.

In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.

What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.

You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.

You can keep property, including property that might later be acquired by inheritance, in one spouses family.

You can limit one spouses liability for the debts of the other spouse.

You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.

You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.

The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.

How do you get a prenup?

The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.

Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.

The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.

Dallas Child Support Attorneys

Divorce in Texas – taking care of the kids.

Divorce is never easy. It is an admission on one or both spouse’s parts that they did not manage to sustain a marital relationship. Often there is a lot of bitterness with one or both parties invoking blame and retribution on the other. This is particularly exacerbated where there are children involved. It is important for one’s interests to be represented by a skilled attorney well versed in Texas family law in divorce cases where there are minor children.

The whole area of family law to do with Child support, custody, visitation rights is a major area of practice for Dallas Family Law Attorneys.

In Texas “conservatorship” is the name given to define what rights and duties the parents have after the finalization of divorce. Despite what bitterness there may exist between the spouses the interests of the children are actually paramount. Thus in the vast majority of divorce settlements there will be parental rights and duties awarded to both parties. This is known as “Joint managing conservatorship”.

The actual residence of the children is also usually awarded to one parent and usually the mother. Nevertheless the other spouse will still have visiting rights and the right to be regarded as the parent. It is only in cases where the one parent is shown to be irresponsible or impaired as a parent, such as being an abuser of alcohol, drugs or being physically violent that this is overturned.

This visitation and parenting is an area of great potential conflict. Bitterness and anger plus fear and insecurity are some of the emotions that have to be dealt with. Nevertheless it is in the children’s interest that these matters be agreed and adhered to as amicably and as fairly as possible. Family Law attorneys will all deal with issues such as this often. It is strongly advisable that their counsel be followed to help the children cope with the trauma of their parents separation.

Conservatorship is but one aspect of family law, the next of course is the financial support. It should be emphasized that support may equally be sought for a child born out of wedlock. There are many cases of mothers pursuing, and winning child support from fathers of children resulting from extra marital encounters. In these cases paternity must be shown in Texas law.

There is a set “Tariff” or rate for child support laid down in Texas law. If the party has children from one marriage that has ended child support will be determined as a percentage of their “Net resources” in other words everything they might have which has value as an income. 20% for 1 child up to 40% for 5 or more. If there are children from other relationships the calculation is more difficult.

Child support ends when the child reaches the end of secondary education or the 18th birthday whichever is the latter. In all matter of child support knowledge of both parents rights and the amount due for the care and upbringing of the children is crucial. For this reason it is advisable that a firm of Family Law attorneys be appointed to represent the client and look after their interests.