In the past, only fathers were under a legal obligation to support their children. Now, of course, both parents have a duty to support their children, including stepchildren.
Why is child support necessary?
Child support is necessary because society wants to protect children. Too often in the past, people without a legal obligation to make support payments simply did not make payments.
Even today, so-called “deadbeat parents” shirk their legal duty to pay child support. Fortunately, so long as there is a valid child support order, a parent can seek court intervention to enforce the support order.
Who pays support?
Typically, the parent earning more money and/or with more property has a duty to provide for a majority of support. Even when a parent has legal but not physical custody of a child, the parent may nevertheless be required to pay child support.
[click to read more…]
What is child custody?
Custody is the legal responsibility for the primary care of a minor child.
Generally, a court cannot award custody of a child over 18 years of age. If you have a child over 18 who is a ward of the court or who has special needs, issues relating to that child will likely be handled by the section of your state’s court system that deals with conservatorships and guardianships.
[click to read more…]
Have you just heard those words from your spouse? Have you just said those words to your spouse? If so, chances are you are feeling overwhelmed right now.
If you have finally made the decision to get a divorce, you are probably mourning the loss of your marriage and your dream of a wonderful life with your spouse.
If your spouse has initiated the process, then you are probably feeling hurt, sad, and angry all at the same time.
[click to read more…]
In a prior article, we discussed how to gather a list of names of attorneys to consider handling your divorce. This article tells you how to interview those attorneys to decide which one is right for you.
Check the lawyer’s experience
Find out how long the attorney has been a lawyer and how long he or she has been handling divorces. You want a minimum of 5 years’ experience with divorce. If for some reason you cannot find a local attorney with at least 5 years’ experience, then be sure the attorney is working for a reduced rate, such as $150/hr or less.
[click to read more…]
Choosing a competent attorney is very important during a divorce. Unless you and your spouse arranged an amicable divorce, you will want an advocate who can convince the court to give you what you need and deserve. The choice of attorney becomes especially important if there is a child custody battle.
Ask for references
Probably the best way to find an attorney is to ask friends or acquaintances who have gone through a divorce if they would recommend their divorce lawyer. Since divorce is fairly common, chances are you know several people who have been divorced. Ask these people if they would use their attorney again. If they would, then add that lawyer’s name to your list.
If you have an attorney that you use for other things (e.g., business or estate planning issues), ask him or her for a reference. Chances are your lawyer will know several divorce attorneys and may have even used one him or herself.
[click to read more…]
Divorce is a drastic step.
You should be sure that you really need a divorce before you begin the process. Consider whether your relationship is just in the doldrums right now and maybe you just need some advice on how to make it better.
If you still love your spouse, but the spark is gone, why not try to reinvigorate your marriage before taking the drastic step of divorce?
[click to read more…]