May 19, 2012

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Paying Child Support While In Prison

May 8, 2012 By Leave a Comment

By Clifford Young -

When a divorce arises between parents the problem of child supports will also arise. Imprisonment of any party especially if he/she is the non custodial parent is a very big problem that will arise in any court order regarding paying child support while in prison. When a non custodial parent is imprisoned he/she must notify the court for some modification and one of the main reasons that the support will be stopped. When they did not notify the court all the parties involved will suffer, but most of all the child is the one who will be affected by this problem.

Paying child support while in Prison is one problem that must be dealt with in court if it arises. Even if, in some states the judge is allowed considerable leeway in settling the actual amount this can be a very big problem because it’s really difficult to determine the proper amount if the party is in prison and no income is available for support. When this happens the parties involved must notify the court at once for some modification due to changed circumstances, most of all if it involves income or monetary value. When this happens the court must involve some guidance councilor to give advice to the parties especially the child who is the most important party being affected.

Child support while one party is in Prison must be given preferable attention especially when determining who will be paying child support while in Prison and who will be the non custodial parent by reviewing some aspects like the needs of the child, including health insurance, education, day care and special needs, the income and needs of the custodial parent, the paying parent’s ability to pay and most of all the standard of living of the child before divorce or separation. When a court sets child support, it often considers the family’s pre-divorce standard of living and attempts to continue this standard for the children, if feasible. Courts are aware of the difficulty maintaining two households on the income that formerly supported one home. Maintenance of the same standard of living of the child is more of a goal than a guarantee. In some manners this is a crucial job that they must do.

It’s not really a guarantee that child support based on the previous standard of living can be maintained but the court will really try their best to give that. Unfortunately when this unavoidable circumstances happens like the imprisonment of one party especially if he/she is the custodial parent they cannot do anything but accept the truth that child support is already impossible to be realized and so the act of paying child support while in Prison.

Clifford Young is an accomplished niche website developer and author. To learn more about paying child support while in prison, please visit You and Your Child’s Relationship Today for current articles and discussions.

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Filed Under: Child Support, Family Court Tagged With: , ,

Issues of Child Custody

April 17, 2012 By Leave a Comment

By Sharon L Tate -

The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs. That parent is responsible for basic needs, such as food, clothing, and transportation. The parent who is granted legal custody is given the responsibility to make all the major decisions that will significantly impact the child’s life. These decisions involve issues of education, health, religion, or any other significant matter. When deciding issues of child custody, the parents must decide who will have physical custody and who will have legal custody. Of course, one parent may be granted sole custody, in which case he or she would have total custody of the children. Another arrangement is called joint custody, in which the parents equally share both custodies (physical and legal) of the children or share either physical or legal. The parent who does not have physical custody of the children is granted visitation rights. Under the orders outline by the court, that parent is allowed to see the children under certain circumstances and in specified locations. The child may be allowed to spend weekends or overnights with the parent, but the child may not move in with the parent.

There are many different arrangements that are available to the parents, and if they cannot decide on their own, the court will step in and decide what is in the best interests of the children. Sometimes, when parents cannot come to a mutually satisfactory agreement, they hire a mediator-a neutral third party who helps to negotiate decisions. The mediator is not allowed to side with one parent or the other; on the contrary, the mediator is required to provide helpful information and guidelines for the parents so that they can come to the best possible solution. Mediation can be helpful when a decision must be made but the parents cannot agree together on what the appropriate outcome should be.

The parent who does not have custody of the children is often obliged to pay child support to the other parent. The resources from the child support are to be strictly used for the needs that are incurred with the raising of the children, and the custodial parent may not use the money or resources for any other reason. If you are a parent and are currently going through a divorce, it is essential that you find a trustworthy and experienced family law attorney. Developing a satisfactory parenting plan is important because it is tedious and sometimes fruitless to try to change it later on. The court is often reluctant to change divorce orders unless concrete evidence is given that the changes are in the best interests of the children. This can be hard to come up with, and if the court does not see the significance, no change will be allowed.

These same rules apply when parents are seeking a legal separation instead of a divorce. Many of the same decisions must be made regarding child custody. The only difference between legal separation and divorce is that after a legal separation, the couple is still legally married. Therefore, they must still choose which spouse will have custody of the children and which will have visitation rights.

The Law Office of Sharon L. Tate has a respectable reputation because Ms. Tate cares about each of her clients; her respectable reputation is well-earned, and it speaks for itself. She is a reliable and experienced family law attorney who serves clients in Phoenix, Arizona. She treats each client as an individual and cares about the outcome of each case. Ms. Tate has 14 years of experience in family law and is prepared to take on your case. She has experience both as a tutor and has edited documents for Law Review. She taught law classes at the college level and enjoys researching issues that involve law. She has a particular interest in family law cases and wants to help her clients pursue the outcome that is in their best interests.

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Child Support Hurdles for Fathers During a Divorce

February 21, 2012 By Leave a Comment

By Brad Hart -

Divorce is a hard time in anyone’s life, but when a child is involved, the emotional and legal turbulence becomes even worse. When the father is getting divorced, child support payments will often be discussed in court. Before the court appearance, there can be a lot of gray areas that can leave you wondering how much you have to pay, what your rights are and if the child support payments will leave you penniless. This article will go through these issues, so you have a better idea of what will be expected of you.

Father Visitation Rights

Unless there are extenuating circumstances that are directly brought up during the court session, if you are paying support then you have visitation rights. Some vengeful mothers may try to deny this, keeping you from ever seeing your children. However, the legal system does allow you to see your children periodically, unless there is reason to fear for their safety.

One of the biggest problems with this is that, if the mother denies your visitation rights, it can be very difficult to assert this right. This normally requires more court appearances and lawyers that cost a lot of money.

Child Support Payment Amounts

There are many factors that go into determining your payments. One of the most important aspects is what state you live in, because each state has different ways of determining payment amounts.

Other factors include how much money you are making, expenses and the child’s standard of living prior to the divorce. At the same time, similar circumstances may yield very different payment values. This is because the judge and jury will weigh these factors, and different people will come to different values.

When deciding on payments, you should reveal all of your financial information. The more information you show, the fairer the payments should be.

Adjustments

Maybe you are making $1,000 a week now, but what happens if you lose your job or get demoted? This severely limits your income, so do your child support payments go down as well?

Unfortunately, this cannot be determined when the initial child support agreement is made, since no one knows if you will lose your job or if your income will decrease. Due to this, you will still be expected to pay the same amount, even if you are not making any money.

This can normally be corrected in court, if you can prove your income and if you show that you are not trying to game the system. Some fathers lie about their income, or work at places for less than a year so it does not count towards the amount, which makes this harder for good fathers that really are facing hard times. However, if you prove that you are working and show that this is just from bad circumstances, the child support will typically be decreased.

Unmarried Fathers

If you did not marry the mother of your child, then you might think that you do not have to pay child support. However, if you can be proven as the biological father, regardless of marriage, you are still required to pay child support. Marriage may have been considered years and years ago, but it is no longer a requirement for child support.

Child Support Length

There are four different factors that can cause child support to stop. If any one happens, then you no longer have to pay child support.

� The child is no longer a minor. However, if the child has special needs, then age might not be a determining factor.

� A stepfather adopts the child, which terminates your parental rights.

� The child enters the military.

� The child is legally considered an adult because he or she is self-supporting, which can occur before the child reaches 18.

There are many factors that go into determining child support, and there are also many factors that affect it after the divorce is finalized. Hopefully, you now have a better grasp on what is expected from you during this time and consider hiring a divorce lawyer.

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When Do Child Support Payments Begin?

February 9, 2012 By Leave a Comment

By Greg Tolland -

After weeks, sometimes months of deliberating you make the decision to get divorced. Among the first thing you should do is hire an attorney, then fill out your net worth statements. From there, a judge will hear your case and ultimately will grant you a divorce. Once the divorce is completed you find out you are 7 months behind in child support payments although your divorce was just finalized. You standing there scratching your head, and wondering why?

Domestic Relations Law (“DRL”) is why. It states that “such order shall be effective as of the date of the application therefore, and any retroactive amount of child support due shall be paid in one sum or periodic sums, as the court shall direct, considering any number of temporary support that have been paid.” Or put simply, once the divorce application is served, the support payments will start from that day. So, say your partner filed for divorce and you were served with papers on April 5, 2011. Your divorce was completed August 5, 2011. As of August 5, 2011, you are in arrears for four months of support payments.

In determining any child support that is owed, the judge will consider any brief support payments which you made prior to the divorce. For example, if you are in arrears $15,000.00 and you’re able to demonstrate that you are paying child aid each month for a total of $9,000.00, you are in arrears $6,000.00. What if you pay too much? Your own children will be grateful however, you will not acquire a credit. In simple terms, child income support for the year is $9,000.00 and you can show you paid $14,000.00, your spouse will not be responsible to return the extra cash.

It is imperative that you pay back all of the support you owe. The good news is, the court’s may allow that you to divide up your expenses into monthly installments in addition to the court required payments. Going back to our example, if you are required to pay $1,000.00 every month in child income support and owe $12,000.00 in backed support ($1,000.00 x 12 months) the court may allow you to break up the payments for the following year. For instance, you will still pay $2,000.00 court ordered support, in addition to another $2,000.00 a month in back child support for the first year, or in other words, that first year you will pay $4,000.00 per month.

Learning point: Retain precise records of all payments going to your partner through the divorce procedure. Often it might take around 24 months prior to when the divorce is finished, so you should always be either making payment on the child support or saving enough for whenever the day comes. Develop a paper trail very similar to you would with your taxes. Pay your husband or wife using a check to help you to have a record of every transaction. Keep in mind that if you are not the custodial spouse, you might be responsible for child support. Talk to your lawyer about potential child income support liabilities and plan accordingly. Make sure you retain the services of a lawyer once you and your spouse opt for divorce, you can never be too careful in times that requires one to surrender part of your income.

If you found this article helpful and would like to learn more about child support, contact a Long Island divorce lawyer today to safe guard your rights.

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Child Support Laws – What You Need to Know

February 2, 2012 By Leave a Comment

By Joan Baker -

Child support laws exist to protect children and parents. Single parents who are victims or abuse or violence benefit greatly from these laws, as are single parents who have amicably divorced. These payments ensure that a child or children do not become disadvantaged due to the break up of their parents. Courts have the power to issue these orders and every state has their own law.

Without financial support, single parent families would struggle to survive. A court will decide what level of support is fair and appropriate for each situation and this may differ depending on a number of factors. Judges have flexibility in most states in terms of stating how much must be paid by the non-custodial parent. A judge’s decision is final but an appeal can be placed.

The parent who earns more generally has to contribute more to the well being of the child. If the non-custodial parent earns less than the custodial parent then they will generally have to pay less child support than if they earned more. The idea is to balance the finances so that the child or children have the best opportunity for a normal life after the parents have separated. It is not only income that is taken into account when determining the support amount, but also the assets of each parent such as the family home. The ultimate aim of the law is to ensure a certain standard of living for the child that would be possible if the parents were still together.

If the non-custodial parent is unable to pay child support then the court is able to temporarily suspend the payments until the circumstances change. The parent will be encouraged to get a higher paying job and the custodial parent must then be reimbursed for the extra expenses that were incurred during the non-payment period.

In the event of split custody, a court will determine child support requirements on a case by case basis. If the child is with each parent half of the time equally then certain laws may be waived or suspended, however it is too complicated a subject to speculate generally.

Child support laws are vital if the welfare of children is to be considered once their parents are separated. Speak to your local Child Support agency to find out specific information about your state laws.

To get the 9 critical strategies for winning child custody when dealing with irrational, vindictive or abusive ex’s, click here: http://www.WinningChildCustodyStrategies.com

Joan Baker is an expert in child custody after going through her own custody ordeal, researching the laws and now helping other women going through the process.

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Child Support Help

January 18, 2012 By Leave a Comment

By Munish Chopra -

Child support or child maintenance is a process where a periodic payment is made by obligatory to oblige for the financial support of children of a marriage that has been terminated legally. Spousal support and child support are two different things. When there is a divorce preceding that includes children then there is requirement of representation of the Northern Arizona Lawyers. They get involved in the proceedings where a Court order for child support is not honored. They also take cases when a change is required in an original order.

When there is a case of child support both sides need representation. The Flagstaff Lawyers are well trained and experienced to handle both the aspects. Flagstaff takes into consideration the fact that the best interest of children is given priority. Most divorce cases with children want the best for the children. Though it is seen many times each party want to make other party suffers financially even thought it hampers logical thinking and negotiation. This is where flagstaff lawyers act smart and make their client understand the legal rights. This eventually makes their client to act and decide legally.

Child support does not mean only the physical sums of money they also include various medical and insurance expenses. Under the Arizona law no preset amount is there. This is where the Flagstaff Lawyers assists their clients in getting proper documents and proof to provide financial standings of both the parties. The courts have prior guidelines regarding the amounts and these lawyers are well acquainted with those guidelines. They feel responsible not only for their client but also for the fate of their children. In most cases it is seen that the individual responsible for paying the support to the child wants to settle on an amount so that they can get their financial matters in order. But the client of Flagstaff Lawyers if is the recipient wants to know what is going to be added to their income so as to plan their financial obligations. They consider this matter priority and work sincerely on resolving this issue.

Flagstaff Lawyers advise their client wisely for the fairness of the proposed negotiation. This sometimes makes it smoother to move matters to move along. They feel it their responsibility to save their clients incidental fees and legal ones. Flagstaff lawyers always keep their goal to satisfy the client.

For assistance on child support visit flagstaff lawyers.

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A Closer Look Into Child Support

November 3, 2011 By Leave a Comment

By Keith Lea -

When an individual is seeking child support they are doing the right thing by making sure that their child will be cared for financially. While the cost of living has gone up, the economy has taken a downturn that has affected many individuals. The cost of raising a child can be expensive, especially if the responsibility falls on one person. Child support is an obligation that should not be seen as a punishment.

Usually, the parent who does not have primary custody of the child will be ordered to pay. The amount that they are ordered to pay will vary from state to state, but the amount to be paid is usually based on the parent’s income, the needs of the child, the parent’s ability to pay support and the amount of access the parent has to the child.

The court does however have the discretion to order additional support over and above the guideline child support if the child or children have special needs such as medical issues or special extracurricular activities. The court will also usually require that the parent ordered to pay to also provide medical insurance so that the health of the child will be maintained.

In some cases a trust or annuity can be set up in regards to the support obligation. This can happen if one parent has concerns about the other using the child support payment in the best interests of the child. The court can order that a portion of the payment be put in a trust or annuity if they feel that it is in the best interests of the child. In the instance of an annuity, the fund will be paid out on a fixed schedule over time and will guarantee a certain amount of income over that period of time. A trust is a fund that is also paid out over time, however, the court will appoint a trustee who will make payments at certain times or make payments as necessary for the health, education, maintenance and support of the child.

An order for support payments generally lasts until the child is 18 years of age and graduates from highs school. However, there are instances that can shorten or lengthen the period in which support must be paid. For instance if a child is disabled before their 18th birthday, the order to pay may extend into their adulthood. Additionally, if the child is of a certain age and self supporting or married the length of the child support order may be shortened.

Usually a wage withholding order is provided to the employer of the person ordered to pay support. Each pay period the ordered amount will be deducted from the parent’s salary amount and then disbursed by the respective states child support division.

Individuals who fail to pay the court ordered amount can be prosecuted and sent to jail. If an individual’s ability to pay for the needs of the child changes, they may request a modification to the original order. Filing for bankruptcy will not discharge an individual’s responsibility to pay child support.

The court proceedings involving a child support case can be complicated and stressful and the circumstances surrounding a support case aren’t always the most pleasant. An experienced family law attorney can help you make the best of the situation and find the solutions that work for everyone involved.

Keith Lea is a Houston child support attorney who has provided legal counsel for individuals seeking a child support order to provide for their child or children. Keith Lea strives to provide solutions that will protect the best interests of the involved children in a court ordered support matter. As a family law attorney he understands the difficulties that can arise when dealing with a case involving support for a child. For more information please visit our website: Houston child support attorney

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Divorce and Taxes: Five Things You Need to Know

April 6, 2011 By

Divorce Taxes Attorney Lawyer Scottsdale ArizonaTime Magazine just posted article on Divorce and Taxes that has some basic information on whether to file "married", "single" or "head of household", etc.  Deals with tax treatment concerning alimony (spousal support), child custody and dependent status, child support, an tax treatment for sale of marital residence.

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Debts in Divorce- Division of Marital Debt in Arizona

March 23, 2011 By

Debt Division - Scottsdale Arizona Divorce Lawyers

The following guest post is from Marc Brown:

Divorce and debt problems often go hand in hand and have adverse impacts on each other especially in terms of finance and possessions. Sometimes, fighting on financial issues drain the joy out of a marital life and compel the couple to split up. Under Arizona law, all the assets and the debts incurred during a marital life are regarded as community property and therefore after divorce needs to be divided equally between husband and wife. Division of debt is not an easy task because your better or worse half might have accumulated outstanding debt, but you also remain liable to pay it off. Both Debt division as well as asset division is contentious as both you and your spouse fight over each and every tiny issue in order to evade any sort of loss. Only a knowledgeable attorney is capable of helping you to divide your marital debt equitably.

Documents Required to Aid in Debt Division

Courts demand substantial proofs and documentation to determine marital assets and debts. It is not always possible for couples to provide all exact and accurate information to court and therefore verification of facts are required. Credit bureaus are able to shed light on this matter and can present exact figures and estimation of debt. Before planning a divorce you need to keep a record of following items like tax returns, mortgage papers, investment portfolios, bank account records, credit card statements, business records, titles or deeds of ownership. In case there is no financial documentation of the above mentioned items, you can request assistance from forensic accountants and certified public accountants. They can investigate your finances and get an exact account of debts and assets. It is essential to depict a clear picture of the community properties, separate properties and debts so that the court can make a perfect ruling on the property division.


Agreements of Debt Division

If you are in the planning stage of divorce you can better start paying off your debts, so you don’t have to handle them any more in the divorce settlement. However if you have overwhelming debts during divorce an Arizona family lawyer can help you to come to terms on some debt division agreements. In the agreement you need to follow the contracts given below:

• You need to give consent that you take responsibility for the debts in exchange for receiving more assets from the marital property division. For example suppose, you get the possession of the house, the cars and the lake house and agree to take care of all the credit card bills.

• You can also agree to let your spouse take responsibility for some of the debts and in turn he or she can receive more assets from the division of property. For example you can allow your spouse to take the boat, the house with the mortgage payment and all of the student loan debt as well.

• You can agree to share equal responsibility for the debts as well. Here both you and your partner will be legally responsible and if your ex-spouse does not pay off the debt, you will be left with the entire debt burden. You can appeal to court, but creditors will still hold you legally responsible and if you do not pay back the debt it will adversely affect your credit history in future. 

To make the best of a bad bargain and settle your marital debts you better keep all the above mentioned points in mind. There are some legal consequences that can affect you for a long time even after your divorce gets finalized. Settle your debt in dispute with the help of a proficient attorney. Make sure that your legal agreements put you in a fair position and you do not start your new life after divorce with a dent in your wallet.

About the Author: Marc Brown is a financial writer. He has been writing on financial topics over the years with special focus on the US economy. Marc also takes interest in debt related issues and contributes articles on debt settlement to acclaimed personal finance blogs.

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Arizona Divorce & Family Law Blog 2011-03-21 18:13:05

March 21, 2011 By

In Orinski v. Orinzki before Division 2 of the Arizona Court of Appeals, wife appealled the trial court's approval of husband's request that his spousal maintenance award be reduced.  Husband claimed he was entitled to a modification in spousal maintenance since the family's marital home had been sold as contemplated in their divorce.

The trial court agreed modifying spousal support, finding that, based on the language of the parties' settlement agreement entered into at the time of divorce, "review [was] mandated and no further showing of a change in circumstances beyond the sale of the residence [was] necessary for a modification".

Wife argued on appeal that althought the settlement agreement mandated review when the marital residence was sold, there had to be "a showing of changed circumstances" before the trial court could modify the award.  The Arizona Court of Appeals agreed with wife indicating that the while the sale of the marital residence is a factor that might justify a reduction, but only if, husband could show that the sale amounted to a substantial and continuing change of circumststances.

Needless to say, there are many instances where reductions of spousal maintenance may be permitted, given the downturn in the economy.

 

 

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