Issues Affecting Monetary Child Support Amounts

By James Witherspoon -

Child support is essential to a functioning society. Without the existence of child support and the laws backing the enforcement of it, single parents across the country would be left with minimal or no monetary help in addition to their own income when raising a child.

This form of monetary support is either mandated by a child support order issued by the family court that is managing a couple’s divorce or it is issued independently in the case of parents who were never married. In certain cases in which the child does not live with either parent, both parents may be ordered to pay a certain amount to the third party that cares for the child or children–this may be a grandparent or other friend or family member who volunteered to care for the children.

The calculation of support varies from state to state, but the following things are almost always taken into account:

• The specific needs of the child/children, including health insurance, education, day care and any special needs such as medical conditions that may make caring for the child more expensive
• The income and personal needs of the custodial parent
• The income of the non-custodial parent, as this will directly affect the amount that he or she is able to pay.
• The number of children the non-custodial parent is already supporting
• The standard of living the child was accustomed to before the divorce or separation

Once a child support order is sent out, the non-custodial parent is legally obligated to pay the issued amount each month. Failing to do so can have great legal ramifications including fines and even prison in certain cases.

To find out more about calculating child support, visit the website of the Conroe divorce attorneys of Garg & Associates, P.C.

James Witherspoon

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Factors Affecting Child Custody in a Divorce

By Christina Cole -

When a couple is divorcing one of the main concerns that they face is what will happen to the children. Divorce affects children in many ways, emotionally, financially and physically. Parents can ensure their children’s well being with a parenting plan. For example in the state of Tennessee, the court will decide a parenting plan that is beneficial to all parties involved, but the main concern of the court is the welfare of the child or children. A lawyer that is experienced in family law can be of great benefit to you and your child to make sure your rights and your child’s welfare are represented fairly.

There are many factors that go into the formation of a parenting plan. The relationship of the child and the parents is one of the main factors. The judge will take into consideration the emotional ties that each parent has with the child and how these ties affect the child’s emotional well being and development. If the child is old enough, the judge will speak to them directly to determine which parent the child feels closest to. The judge may issue an order for a social worker to visit the home to determine the family dynamics and recommend which parent should be the primary caregiver.

The income of each parent and the stability of their job is another factor. The judge will look at how long each parent has held their current job and their work history. The court must ensure that the child will have adequate resources to live. If the judge feels that the parent who has the least amount of income or no income should be the primary caregiver, he may order child support to be paid. The terms of child support are specified in the divorce decree and parenting plan.

The primary caregiver for the child must either have transportation or be able to provide adequate transportation for the child. This is important so that the child will be able to attend school, go to the needed medical appointments and so that the health and welfare of the child can be maintained. Another item that will be determined by a parenting plan is health care. One of the parents must provide health insurance for the child. If neither parent is able to do this, the child can obtain state funded health care such as Medicaid.

All of these factors and others determine who will be the primary caregiver. Visitation rights and a visitation schedule are drawn up as part of the parenting plan. If either parent wishes to change any part of the parenting plan, he or she must appear before the judge and request such a change. It is advisable for you to have the services of a qualified and experienced attorney to represent you while you are going through a divorce and determining your child’s custody. Your rights and your child’s rights need to be represented during this difficult and emotional time. Finding the right lawyer can help to ease some of the worry and ensure that your child’s best interests are met.

Christina

Elizabethon Attorney
Johnson City Lawyer

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How To Lower Child Support And Gain Father’s Custody Rights

How To Lower Child Support And Gain Father’s Custody Rights
By Dennis Gac

Want to do something about lowering child support or gaining

custody of your kids’ or, maybe improving visitation rights?

Well, we’ve all thought about it from time to time, but often don’t

take action because we as men are much more the procrastinators than

our women counterparts. We also think that the costs are prohibitive

and that we’re screwed in family court anyway, so what’s the use?

These are pretty much the same thoughts that go through every father

mind every time their hand shakes writing that child support check, or

argue with the X about visitation.

So what do you do? Out of total frustration most consult with

attorney’s or seek advice from well-meaning friends. But you don’t

need sympathy and high legal costs. You need a mentor, a person that’s

been there and can relate to your situation. Someone who can guide

you, step by step, through the legal maze.

After many unsuccessful attempts, most guys come to the conclusion

that if anything’s going to get done that they’d have to do themselves

and get personally involved. After all, who knows more about your

situation than you do?

If you don’t know what to do, get some good information by finding out

what other Fathers have done in similar situations. Then, mimic what

they have done successfully…This is called the “mirroring principle.”

Follow success to a “T”. Use all guidelines that you can and keep

trying to work in more options. Have a trusted friend look over your

work and ask for objective opinions. This is the true method for

knowing that you’ve got a killer case – that’s worked before and will

gain you more rights.

Dennis Gac is widely known as “The World’s #1 Fathers Rights Consultant!” But what do you care? Well, if you rush over to my site… I think you’ll come to your own conclusion that I’m the real deal, and you see how much FREE (yet extremely valuable!) Fathers Rights Winning information I’m giving away. Check it out now at:

http://www.fathershelphotline.com

Dennis Gac

National Brotherhoodf of Fathers Rights

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Contempt For Failure to Pay Child, Spousal, Family Suppor

By Roman Mosqueda, S. J.D.

No child, spousal, or family support ordered by the Family Court is paid by the obligor parent or spouse, resulting in contempt of court at the time the support payment was due. A judgment or order made or entered pursuant to the California Family Code may be enforced by the Family Court by contempt in its discretion, under § 290 of the Family Code.

Each month of failure to pay in full, child, spousal, or family support when due constitutes a separate count or charge of contempt, for which punishment is imposed for each count proven, under § 1218.5(a) of the California Code of Civil Procedure.

The period or statute of limitations for commencing a contempt action based on failure to pay child, spousal, or family support is three (3) years from the date that the payment was due, under § 1218.5(b) thereof.

Contempt proceedings are initiated in California by completing and filing Judicial Council Form FL-410, Order To Show Cause and Affidavit For Contempt, and the required Judicial Council attachment, depending on the kind of underlying order issued.

Elements Of Contempt And

Burdens And Standards Of Proofs:

§ 1209.5 of the California Code of Civil Procedure states the elements of civil contempt based on failure to comply with a child support order as follows:

(1) valid underlying support order of a court of competent jurisdiction;

(2) obligor’s (contemner’s) knowledge of the order through:

(a) proof that the order was made, filed and served on the obligor parent; or

(b) proof that the obligor parent was present in court at the time the order was pronounced; and

(3) noncompliance of the support order, as prima facie evidence of a contempt of court.

These three (3) elements are also stated in In re Ivey (2000) 85 CA9th 793, 803, 102 CR 447, which further held that:

“If the petitioner proves those elements beyond a reasonable doubt the violation is established. He or she need go no further. To prevail on the affirmative defense of inability to comply with the support order, the contemnor (or contemner) must prove such inability by a preponderance of the evidence.”

Ability to pay by the alleged obligor (contemner) was not considered an element of contempt because “the failure to pay constituting the contempt occurred shortly after the determination of ability to pay had been made (in the underlying orders),” in In re Ivey, supra, involving a father’s failure to pay the mother’s pendente lite attorney and expert fees in a criminal contempt action.

Thus, while the proponent (petitioner) of the contempt has the burden of proving the elements of contempt beyond a reasonable doubt (a criminal case standard of proof), the alleged contemner has the burden of proving inability to comply as an affirmative defense by a preponderance of the evidence (a civil case standard of proof).

Types Of Contempt Proceedings

And Sentences Imposed:

Contempt proceedings may be civil or criminal in nature. Civil contempt is governed by §§ 1209-1222 of the California Code of Civil Procedure; while criminal contempt for violation of penal statutes is prosecuted as a crime, under § 166 of the California Penal Code.

Contempt proceedings are considered “civil” in nature, if the contempt judgment coersively subjects the obligor or contemner to imprisonment only until he or she complies with the act(s) ordered by the court. So, a “civil” contemner may be incarcerated indefinitely pending compliance of the contempt order, under § 1218(c) of the California Code of Civil Procedure. But the civil contemner has the “ability to purge” by performing the act(s) ordered.

The lack of “ability to purge” characterizes contempt proceedings as “criminal” in nature. It is punitive, rather than coercive. And a criminal contempt judgment subjects the obligor or contemner to a sentence of fine not exceeding one thousand dollars ($1,000.00), or imprisonment not exceeding five (5) days or both for each count of contempt.

Thus, the potentially indefinite incarceration resulting from a civil contempt judgment arguably renders it more onerous, even more punitive than criminal contempt, under certain circumstances.

But the parties and even the court may not know what type of contempt proceedings they are in, until the particular judgment is pronounced or issued by the court.

The complexities and uncertainties of outcomes of contempt proceedings have relegated contempt as a tactical tool for exacting settlement from the defaulting parent or spouse.

Atty Roman P. Mosqueda is a graduate from Michigan Law School with both an SJD and LLM. Visit http://www.MosquedaLaw.com for more information about his offices located in Los Angeles, Riverside, and Long Beach.

Office Locations:
Los Angeles: 3055 Wilshire Blvd Suite 425., Los Angeles, CA 90010
(213)252-9481
Riverside: 3797 Tenth Street, Riverside, CA 92501
(951)683-6615
Long Beach: 1043 E.Anaheim St., Long Beach, CA 90813
(562)218-8600

For more articles written by Attorney Mosqueda please visit his blog at:
http://mosquedalaw.blogspot.com/

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Understandings a Father’s Rights When You Are Not Married

By Justin DiMateo

A father’s rights in California may depend on whether or not his child was born out of wedlock. If the child was born in wedlock, the father may have a much simpler path ahead of him in terms of his right to custody, visitation or child support. If the child was born out of wedlock, the father may face a much more difficult path.

The mother of a child born out of wedlock may deny the father any rights to visitation and she has the right to assume full custody of the child unless the Court says otherwise. If the mother would like to collect child support, she may file with the court to determine the father of the child and must also file an Order to Show Cause for child support.

Either party may request a DNA test be conducted to determine the father of the child. If a father wants to obtain visitation rights, custody or child support, they will have to file an Order to Show Cause for these rights and will have to file a Petition to Establish Parentage.

In many cases, the court will grant the father visitation rights unless it is proven that it is in the child’s best interest that the father is denied such rights. The reasoning is complicated and delicate as another parental figure who appears in and out of the child life could bring on strong dependency issues later on in life.

Determining a father’s rights in the state of California may be difficult and confusing for some people. Consulting with a knowledgeable attorney who specializes in the area of family law may help to shed some light on the process and the father’s options. The objective is to make all parties come to a level of acceptance that is fair.

Justin recommends to look for more information and to get a Father’s Rights Lawyer before arguments happen and then you may need a Domestic Violence Attorney. Visit the offices of Diefer Law Group.

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Dads’ Rights to Child Custody and Visitation

By Justin DiMateo -

Men who are interested in learning about their rights as a dad are encouraged to seek legal counsel with a family law attorney in their area. This is usually the best resource for those wishing to learn more about their rights to custody, child support and visitation rights while going through a divorce.

Married fathers who get divorced must work out an agreement with their ex-wife regarding custody, visitation and child support, among other items. If the parents cannot reach an agreement on their own, the Court will act in the best interests of the child in making these decisions.

There are two types of custody that the parents must agree upon, or the Court must order: legal custody and physical custody. Legal custody refers who which parent makes decision regarding the child’s life. This may include their education, religious affiliation, healthcare, etc. Joint legal custody is common in divorce and grants the right to make these decisions to both parents.

Men should also speak with their attorney regarding the physical custody of their child. This refers to which parent will have permanent custody of the child, although visitation is usually granted to the non-custodial parent barring certain circumstances.

Unmarried fathers may run into further obstacles regarding their rights to custody and visitation. Unmarried fathers may be required to prove paternity through a paternity test. There are various ways they may go about this, but a DNA test is a common method. Before filing any motion with the Court, unmarried fathers should discuss their situation with a family law attorney.

For more information about their rights as a dad, interested men should seek the legal counsel of a talented attorney in their area. This is usually the very best resource for specific information regarding divorce, custody, visitation and child support, as well as other legal matters involving the family.

Justin writes on many topics and agrees that you would be best helped by getting in touch with an experienced and professional Father’s Rights Lawyer in your area. For people with a California Divorce Case involving children, visit the offices of Diefer Law Group

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Introduction to Family Law

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Guide to Representing Yourself in a Family Court

By Alexander Miller –

If you are dealing with issues involving protective orders, child support, visitation, custody, or divorce, the chances are that you are going to appear in a family court. In order to maximize the chances of judgment in your favor, you must know how to represent yourself in such a court because otherwise things can be very difficult for you. Following is a brief rundown about the same.

Are You Sure You Want To Represent Yourself?
The first thing that you have to decide is whether you really want to represent yourself. Considering the very fact that laws pertaining to these issues are very complex ones, it is always recommended that you hire a family court lawyer to handle your case. The only reason why some people choose not to hire them is that they charge a very high amount of fee. However, there are still some people who choose to represent themselves in the court just because they feel that they understand their situation better a lawyer can. If you are representing yourself, it is said in legal terms that you are doing it “pro se” i.e. for yourself.

Organizing Your Case
Organizing your case is the next step. You are strongly recommended to do a thorough research about your situation before you appear in the family court. There are several online resources available that can help you with your research work. Write down everything that comes to your mind. Make sure that you are not forgetting any important issue pertaining to your case. For example, if it is a case of child support, you must know it beforehand that what types of information the court may ask you to provide, what is the maximum age at which the child support is prohibited in your state and how to calculate that maximum age. You don’t have to know everything – just having a good understanding of the basic things will be enough.

Gather Proof And Evidence
The next thing that you have to do is to obtain proof. Always remember “proof” is the name of the legal game that is played in the family court. Regardless of how honest you are, just stating the facts in a simple way is not going to help you win the trust of the judge. The court needs proofs and evidences. So, do not forget to bring some documentary proofs in support of your claims. For example, in the child support case, the documentary proofs may include proof of income and expenses, such as receipts, bills, pay stubs, 1099’s, W-2 forms, and tax return forms. Keep your objective in your mind (what you want to achieve) while you are trying to gather proof.

You must also be well aware of the procedure pertaining to filing your petition in the family court. You can consult the clerk at the courthouse to get accurate information about the same. These clerks may also help you fill out the petition forms. However, service can be a bit tricky. Therefore, make sure that you are well aware of the rules pertaining to the same in your state.

The first date with the family court is very important. If you are able to present your case efficiently during the first date, it will create a good ground of winning for you. However, if winning is the only thing that matters for you, you must consider hiring an experienced family court attorney to handle your case.

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What Does a Family Law Attorney Do?

By Justin DiMateo –

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don’t get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child’s education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of an attorney.

For more information on the process for a Divorce in Riverside or to schedule a consultation for a Uncontested Divorce in California visit the offices of Diefer Law Group

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Child Custody – Is it Child Support Or Paying the Bills?

By E Brooks -

The most common complaint you hear from an ex paying child support is that they are paying far more than what it costs to support the child and that they take offense to paying the other parents bills. But what constitutes “Child Support” and what constitutes “Paying the bills?”

It is difficult for a couple of people hanging around the water cooler talking about child support to understand just what goes into child support and separate that from paying the bills. This could be especially perplexing when they compare themselves to someone they know of or perhaps a couple of people they know of.

The major problem comes in the form of not having a set dollar amount for child support cases. Given the fact that dollar amount can range from near $100 to well over $1,000 it can be very confusing and provide good fodder for angry parents. The truth is not in anger and definitely not in the comparison.

The fact of the matter is that child support has no relationship to paying the bills associated directly with the child. Instead it has to do with assuring that the child is able to benefit in a the form of their lifestyle at both parents homes.

The two major factors (there are many) in the way that support payments are calculated are:

The percentage of time each parent spends with the child. More time with the child means more financial benefit to that parent.

The amount of income from each parent. More income means more responsibility.

Essentially, if both parents make the same amount of money and have a 50/50 split in the amount of timeshare, then they will be about zeroed out on child support. If they earn the same but one parent sees the child for just 2 weeks every year, then the parent with very little time will pay the other parent a significant amount of. If the timeshare is 50/50 and one parent makes significantly more than the other parent, then they will owe the lower earning parent a significant amount of money.

To wrap this up in a neat package, all the whining and whimpering about paying another parent far more that the child’s bills is simply missing the point. Spending more time with your child will bring your support amount down and be far more beneficial to your child than merely sending cash.

Ed Brooks knows first hand how difficult “High Conflict” child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum http://www.child-custody-forum.com/ where parents can go to share their experiences, ask advice, and look for support.

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