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.

Article Source: http://EzineArticles.com/?expert=Joan_Baker
http://EzineArticles.com/?Child-Support-Laws—What-You-Need-to-Know&id=1409376

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.

Article Source: http://EzineArticles.com/?expert=Munish_Chopra
http://EzineArticles.com/?Child-Support-Help&id=3675386

Divorce

Divorce is often a very unpleasant experience, but at the same time it can open up a whole world of new possibilities. It means the end of a marriage which you entered into expecting it to last the rest of your life – which is painful in itself. But unfortunately life doesn’t always go to plan, and that’s something we simply have to accept. This article will cover what divorce is and how it differs from separation, how you can go about getting a divorce and what happens after the dust settles.

What is Divorce?

Divorce is a process which legally ends a marriage. It effectively ends all legal obligations you have to your spouse which were put in place when you got married. That said, divorce can create legal obligations in its own right – for example, you may have to pay support money to your former spouse depending on your relative financial situations and your circumstances before your marriage.

This is different from legal separation. Legal separation allows you to live separately and effectively end your relationship, but in the eyes of the law you are still married. You’ll have a court order which lays out your obligations to your spouse for the time you’re legally separated. A legal separation is often used as a trial period so couples can see if they can work out their differences and decide if they want to move on to a divorce, which is a much more final legal move.

When you’re legally separated you’re still able to keep the medical and tax benefits that being married can bring, while still addressing issues like the division of assets and debt and child custody. If the legal separation is “successful” and you decide to follow it up with a divorce, often the precedents laid out by the legal separation agreement will simply be carried over to the divorce. In other words the same child custody and property division practices will be carried over.

How Do You Get a Divorce?

The rules surrounding filing for divorce differ from state to state. In general, the first step is to get and fill out the necessary legal forms, although you may want to talk with a lawyer before you do that to work out where you stand in terms of child custody, property, alimony and other important issues you’re going to have to work out.

You may want to consider going through a legal separation if you’re not entirely sure the problems in your marriage can’t be overcome. Sometimes time apart can be enough to realize the benefits of your marriage outweigh any troubles you’ve been having. If you’re absolutely certain problems can’t be overcome (abusive behavior, for example) then you should proceed straight to filing for divorce.

If you want to avoid a court battle it’s in your best interests to try to agree with your spouse on important issues like child support and property division (and trust me – legal battles are not pretty and are especially tough if you have children, so it’s better to work things out peacefully). If you think you can work things out but you and your partner aren’t really communicating, you can use a legal mediator to help you reach conclusions that work for both spouses.

What Happens After?

After the process is complete you’ll have to live by the agreements you made for your divorce (or the rules imposed by a judge, if you and your spouse could not agree on different issues). This can be difficult if you have to give up property and access to your children to your spouse, but there is often a silver lining. Being single again can be an enjoyable experience if you approach it from a positive angle.

Ultimately it’s important to remember that life goes on. If your spouse initiated the end of the marriage, try not to get stuck on trying to piece things back together – painful as it may be, your chances of repairing a marriage after a divorce are very slim. You’re better off looking at the situation from a different perspective: that now you have the opportunity to find someone new who’s an even better match for you.

Visit the Divorce Laws

Article Source: http://EzineArticles.com/?expert=Holcy_Thompson_III
http://EzineArticles.com/?Divorce-And-What-Happens-Next&id=6608070

By Scott David Stewart

Every state has what is called a “waiting period” for divorce. In Arizona, any person who wishes to divorce may do so 60 days after they file a Petition for Dissolution. (This is not to be confused with jurisdiction, which requires 90 days of residency.) If you have made the decision to proceed with a divorce, here is a road map of the divorce process:

File a petition for divorce. This is the first legal step in obtaining a divorce. Even if the decision to divorce is mutual, only one spouse files a petition for divorce.

Service of Process (Must File Proof of Service). The spouse initiating the proceedings must serve the opposing spouse and file proof of service with the court clerk. Service can be accomplished by either using a process server or having your spouse sign an acceptance of service form.

Response to the petition. This is filed by the spouse who did not file the original petition for divorce, and can address a number of divorce-related issues including child custody, child support, spousal support, division of assets and more.

Do you have minor children? If so, then a motion for temporary orders of child support and child custody may be required if you cannot agree on an interim custody plan for your children. In Arizona, Temporary Orders can also address spousal support and other financial issues.

Gather financial information. This includes tax returns, bank statements, retirement accounts and any important business documents. All these are needed for making property division and support decisions in Arizona.

Discuss property division. If possible, it is always helpful to discuss property division with your spouse reasonably early in the divorce process. Although no decisions will be made at this time, it helps to have a clear understanding of what your spouse’s position is regarding the division of your marital property.

Negotiation. During this period, if the divorce is amicable, issues can usually be settled via mediation (formal or informal), parenting conferences, or alternative dispute resolution settlement conferences, all of which are available under Arizona divorce law.

Trial. If issues cannot be resolved in pretrial litigation/negotiation, then the case goes to trial and your assigned family court judge will make all the decisions about your case.

Decree of Dissolution. This document finalizes the divorce and spells out all aspects of your divorce, including child custody, parenting time/visitation, child support, spousal support, and property/debt division. When the judge signs the decree of dissolution, either by agreement or after trial, your case is officially over and you are divorced.

The decision to divorce is often very difficult. Arming yourself with as much information as possible will help alleviate a lot of unnecessary worry, so be sure you choose an Arizona divorce attorney who is willing to walk you through every step of the process and keep you fully informed from start to finish.

A former Deputy County Attorney for the Maricopa County Attorney’s Office in Arizona, Scott David Stewart is a Phoenix divorce lawyer and founder of Law Offices of Scott David Stewart, a Maricopa County family law firm with practice areas in divorce, adoption, child support, custody and visitation, juvenile law and domestic violence. For more information, visit http://www.SDSFamilyLaw.com.

Article Source: http://EzineArticles.com/?expert=Scott_David_Stewart
http://EzineArticles.com/?How-the-Divorce-Process-Works&id=4710641

Alimony and child support will depend on which state you live in, how many children are involved and monthly income and expenses for both parties.

For tax purposes, child support is not income to the receiving parent and is not deductible to the parent paying it. Spousal support (alimony) is periodic support payments made to a spouse in divorce on a temporary or permanent basis.

Key Financial Issues: Child Support

In every state, there are formulas that determine the amount of child support it is necessary to pay. These formulas are called “guidelines.” Despite the mechanical nature of the calculations, there are points of flexibility.

Child support is not always simply the application of a formula. Here are some of the reasons:

1. At high levels of income, the guidelines typically do not apply. The level of income at which guidelines cease to apply varies from state to state.

2. There may be disagreements about what constitutes “income,” especially if a party is self-employed, or the income varies widely from year to year.

3. A spouse may be deliberately under-employed. Then a judge may “impute” income to that spouse.

4. In all cases, the parties may negotiate a child support different than the guideline amounts. A judge will generally approve the negotiated outcome unless it is clearly unfair to one party.

Key Financial Issues: Alimony

Unlike child support, which has a significant state involvement, alimony is almost always purely the result of the negotiation between the parties. In a few states, there are alimony formulas. But even there, the alimony calculated is usually intended to be only temporary.

Different states have different attitudes to alimony. Some states are inclined to award lifetime alimony after ten-year marriages in which the recipient stayed home and supported the family. Other states are not inclined to award any alimony at all, or will award alimony of only a few years. It is intended to allow the recipient to train for a career (often called “rehabilitative” alimony).

Seeking Legal Advice

When seeking legal advice, remember vast majority of attorneys are trained in legal matters and not financial matters such as taxes, investments, retirement plans, financial forecasting and financial planning in general. The divorce decree will have a lasting impact on your financial situation for years to come. Best advice I can offer is “be prepared”, know how every financial proposal in the divorce process will impact you both in the near as well as long term.

Daniel Iuculano a Certified Financial Planner offering a wide range of financial services which includes investment portfolio management and divorce planning.

http://www.dfi-wealth-mgmt.com
http://www.dfi-wealth-mgmt.com/wordpress

Article Source: http://EzineArticles.com/?expert=Daniel_Iuculano
http://EzineArticles.com/?Alimony-and-Child-Support&id=6296986

Article Source: http://EzineArticles.com/?expert=Dayna_Trest

Parents who pay child support are often concerned that the money be actually used for the needs of the children, rather than their ex-spouse.

Child support is designed to cover the necessities, such as food, clothing, shelter, basic medical care, etc. In addition to a base amount of support, the parents may also be expected to pay additional amounts for extraordinary medical care, private schools, sports and other activities, and so on. In some states, the parents can be ordered to pay for all or part of college costs, as well.

So what if the receiving parent spends the money on themselves, rather than the children?

Usually, it doesn’t matter. As long as the children are not being neglected, the receiving parent does not have to account for how they spend the money. Some costs, such as the rent or mortgage, utilities, groceries, etc. are partially for the children and partially for the parent. It wouldn’t be reasonable to ask a parent to account for every dime when so many of these “mixed costs” are involved.

Sometimes, the paying parent decides to give the money directly to their children, especially if the children are teenagers and need money for gas and entertainment. Their reasoning is that at least they know the kids are getting the money.

While you are free to give your children whatever you like, realize that paying them directly does not reduce your obligation to pay your ex-spouse. Remember, he or she is paying the rent and buying the groceries.

The best course of action is to pay your spouse the amount you owe, and think of that money as being used for the children’s expenses and for basic household expenses. Assume any “pampering” or luxuries your ex-spouse is getting are being paid for from their own money. Whether or not this is true, believing it will benefit your attitude and mental state immensely.

Tom Norton is the St. Louis based founder and owner of his own CPA firm, Thomas Norton & Company, LLC. Tom specializes in helping women, men and couples with the financial aspects of their divorce. He is also the founder of a divorce website, http://DivorceAndMoney.org – It is the Internet’s best source for financial information, calculators and resources to use before, during and after your divorce.

Article Source: http://EzineArticles.com/?expert=Thomas_Norton
http://EzineArticles.com/?What-If-Child-Support-Money-Isnt-Used-For-the-Children?&id=1416471

Child support can be traced back to the late eighteenth and early nineteenth centuries. In the young ages of the nineteenth century, the United States courts that handled cases of marital breakdowns and divorce, discovered that the present laws did not provide for a support action. The United States had inherited many of the English laws in that time, and those laws discovered that a father had a non-enforceable duty to support his children. In fact, English precedents forbade and third party from recovering that cost of support unless the cost was pre-approved by a notarized letter with the father.

In 1601, The Elizabeth Poor Law authorized local parishes to claim some of the funds they spent while caring for the custodial parent and their children who were not taking care of by the non-custodial parent. But this statue would only be prevailed on the mother and her children if they were extremely poor.

Child Support becomes the law

Child support continued to develop into the early 1900′s. In 1950, the United States Congress pass the first federal child support enforcement legislation having state welfare agencies to inform the appropriate enforcement officials when it became necessary to provide aid to parents with children who had no support by the other parent.

In 1975, Child Support saw big changes, not just for the collection of support, but also for child support enforcement. The Social Security Act, was signed into law on the 4th of January 1975.

In 1984, the next big year for child support laws, when the Child Support Enforcement Amendments were established, requiring improvements in state and local enforcement programs. First, every state in America were required to develop income withholding from all non-custodial parents paying child support. States were also allowed to report any delinquent parents to consumer credit agencies if they were past due on their payments.

Click for reviews on child support, child support laws, and the history of child support

Or

Visit the Child Support Laws Home Page

Article Source: http://EzineArticles.com/?expert=Holcy_Thompson_III
http://EzineArticles.com/?Child-Support-Laws-and-the-History&id=148574

Child Support, Alimony and Taxes

Recently the IRS ruled that parents who pay child support would be allowed to consider their own children as dependents when it comes to Health Savings Accounts and Medical Savings Accounts. This is a step in the right direction!

Traditionally there have been few if any tax benefits from paying support. Now, however, the IRS has begun to recognize that parents – usually fathers – will be more diligent about paying support obligations if they also receive a tax benefit when they do. Under current tax law, alimony is deductible, child support is not.

How fair is this? Think about these issues:

1. Child support is paid by “non-custodial parents”, who do not have tax exemption or child tax credit benefits for their own children. They get double hit when they now have the added cost of paying child support they cannot deduct.

2. Meanwhile the other parent gets the extra income from child support, but also has the benefit of taking the tax exemptions and child tax credits for having the children in her home.

3. Usually alimony is only paid by someone who has made lots of money and can afford it – yet they still get a tax deduction. The tax system is regressive in this way as lower income taxpayers paying child support cannot deduct their payments, but higher earners can deduct alimony – and may be able to use that as a bargaining chip to pay little or no child support.

To be sure you take full advantage of the deductions that are available to you, use a tax service such as TurboTax Online to calculate and prepare your taxes. Be sure you don’t miss out on any benefits you’re entitled to receive!

TurboTax Online lets you use their software and calculators for free. The only time you are asked to pay is if you decide to print or efile. If you need professional advice on filing your taxes or working through the maze of questions that child support, alimony and custody issues can bring up, then go to Elusen Advisors [http://eluris.typepad.com/knowing_the_law] for additional advice on what you should do.

Article Source: http://EzineArticles.com/?expert=Frank_W_Ellis
http://EzineArticles.com/?How-Does-Paying-Child-Support-and-Alimony-Affect-Your-Taxes&id=1485412

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

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?How-To-Lower-Child-Support-And-Gain-Fathers-Custody-Rights&id=979854