Should Kids Get $134 Million For Child Support Because Their Dad Is Filthy Rich?

October 25, 2010 by Maricopa County Court  
Filed under Child Support, Family Court

By Heather Hairston -

A Los Angeles jury ruled in favor of a billionaire citing that he owed no more child support to two adult children.

The children of David Bren, David Bren, age 18 and Christie Bren, age 22 were in court with their billionaire father seeking additional back child support that added up to $134 Million dollars.

The original child support amounts were agreed on during the years that the children were growing up. Bren paid Gold $3,500.00 a month beginning in 1988 when his oldest daughter was born. Then from the years 1992 to 2002 he paid $18,000.00 a month for both children. Gold admits that she received a total of 3 million dollars from Bren during 14 years.

Bren paid Gold child support totaling 3 million dollars over the course of 14 years. Beginning in 1988 he began to pay her $3500.00 a month until they then renegotiated higher payments from 1992 until 2002. Gold alleges that Bren agreed to be an active part of the lives of his children. Bren says he never agreed nor intended to raise his children. The situation escalated when he ignored their presence at a restaurant in 2001.

Bren and his attorney deny the fact that he agreed to help raise the children and in fact say he never intended to be a part of their lives other than to support them financially. Bren says he never intended to father children. John Quinn, the attorney for Bren, supports this fact.

Quinn told the jury and the courtroom that Bren was never going to be the best father in the world. He told the jury that Bren was indifferent to the children and intended to be that way. He also argued that their mother knew that all along.

The attorneys for the children appealed to the court to allow the children to live the lifestyle they deserve by birthright. The lawyer tried to create the picture that the children were living below their standards while their father lived like a king, appealing emotionally to the jury that children were deprived of money and the chance to be raised by their father.

He paid for the education of his children both at a undergraduate and a graduate level and felt as though that fulfilled his obligation to both of them.

Bren is an immensely private person and it was very out of character for him to allow a court case to invade his privacy. He has been named one of the top 400 wealthiest Americans by Forbes magazine. Bren is predicted to be 12 billion billionaire, but a jury has ruled against him paying two children any back child support.

Need help collecting your child support? I didn’t get any for 12 years until I learned how to use private child support collection agencies. After months and months of research I also learned how to track down deadbeat dads and seize their assets to pay off their past due child support. My experiences will help you get your money so your child quits suffering. Learn the answers to your child support questions.

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What Does Child Support Cover?

October 20, 2010 by Maricopa County Court  
Filed under Child Support, Family Court

By R. Ortiz -

You’ve arrived home from work and as you sort through the day’s mail you see there’s a note from your ex-wife asking for payment for Tommy’s new baseball uniforms and asking you to pick up some new clothes and toiletry items for Susie when she comes to stay with you next weekend.

But wait a minute; you’ve paid your child support this month and on time like you have every other payment. With all the money you are paying, why are you being asked to provide additional support to cover these other expenses?

It begs the question, what does child support actually cover?

Obviously the laws determining what child expenses are not included in the direct support vary by state, but in general, extracurricular activities, uninsured medical expenses and educational expenses are NOT included in the basic child support amount unless specifically included in a settlement agreement, according to family law attorney Spencer Williams.

He said child support generally covers food, clothing and shelter-type expenses.

But when you’re asked to cover expenses you think the support should be covering, you need to think of child support differently, said attorney Jennifer Paine.

“Parents tend to think about support as a one-way street: I pay support to you for our children, and you are responsible for using that money to support our children,” Paine said. “Most state child support schemes, however, calculate the support as a two-way street: you pay support to me and I to you, and we pool the support and each take a share.”

While your child support payments are generally a set amount, the calculations used to reach that amount are largely guesstimates of the amount of support a child needs to needs to sustain a standard of living near the marital standard of living, according to Paine.

So the support you pay is only the share your kids need while they are with your ex-wife. You are still responsible for support during your time, just as your ex-wife is still responsible for support during her time.

“As my father said after my sister crashed our first car in high school, you can never know completely when and how much your children will cost you,” Paine said.

Paine warns to be cautious, though. Remember to track your spending during your parenting time if you believe your ex-wife is not using the support you pay to actually support your kids. Keep a journal of what your kids bring to parenting time and what they end up needing from you during parenting time. Keep receipts of what you buy and request reimbursement for an amount you think is reasonable.

Are you constantly spending a lot of money on everyday items your kids have such as toothpaste or underwear?

“If you are purchasing ordinary items, this may be a sign that your ex-wife is not using the support properly,” Paine said. “You may have reason to investigate and to motion your court for contempt against her for diverting support.”

When you meet with your attorney, be sure to bring your original divorce decree to show what factors the court took into consideration when setting the original support amount.

R. Ortiz writes for http://DadsDivorce.com, site that provides essential divorce information, resources and advice about alimony, child support and child custody for men and fathers at any stage of divorce.

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Understanding the Difference Between Child Support and “Maintenance” or “Alimony”

October 11, 2010 by Maricopa County Court  
Filed under Child Support, Family Court

By Dennis Gac -

When you think of offering money to your ex-wife to help support her in raising your child (or children, dependent on your situation), most people instantly think of the term coined “child support.” Child support is typically paid out-of-pocket by the non-custodial parent out of their after-tax take-home pay. However, many forget to put a different spin on their child support term that can make or break their financial future.

When preparing for court against your ex-wife and her attorney, it’s important to point out that what you are willing to provide to your ex is not exactly child support, but maintenance or alimony. Child support is typically paid to the ex-spouse until the child reaches the age of 18 in most states. Alimony, otherwise known as “maintenance,” is only paid for a certain period of time. Alimony is typically for a short-term period that is defined by the length of the marriage, the employment and educational status of the other party, and the ability for the ex-wife to keep, maintain and hold a well-paying job in the future. Also, another benefit of paying alimony over child support is that it is paid with pre-tax dollars instead of being paid from your take-home pay.

The idea of alimony is to provide financial support for a certain period of time, determined by the courts on various factors, to help the ex-wife figure out financial issues and get back on her feet and back into the work force. It is not intended to be income to the spouse out of spite, or a payment for “emotional damage” done during the marriage–if any.

By understanding the true difference between child support and alimony, you may greatly reduce the amount of monetary support you will be owing to your ex-wife over time, in addition to making your payments pre-tax instead of after you receive your paycheck two weeks later.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at… http://www.fathershelphotline.com.

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Can You Cancel Child Support?

By James Witherspoon -

In some circumstances, a court can make a decision during a divorce that legally binds parents of a child to a particular agreement. For some, this can mean that child support is owed to one spouse, while the other may be attached to a custody agreement. Generally speaking, these agreements are settled by the court according to the best interests of the child, not of the parents. As a result, parents may ask to file for a cancellation of child support. However, as most courts will stick with the original divorce arrangement, this can be an especially difficult task.

For parents who are ordered to pay child support, there is almost no legal way in which payments can be canceled. If that parent simply stops paying, there are numerous enforcement devices the receiving parent can use to get support funds. Even if a receiving ex-spouse does not pursue payment, the amount of back support payments will remain on the record and available for that parent at any time. The system goes so far as to provide back payment even if both spouses agree to suspend payments for a time.

In each of these situations, backed up child support payments are not canceled when the child becomes 18. Although the child may become a legal adult, missed payments are still expected to be given to the receiving parent. If payments are skipped or missed because of a lack of funds, a parent may file to suspend the current support agreement with the expectation of paying again once personal finance problems are solved.

Otherwise, child support is only canceled if the child reaches the age of 18 or tragically does not. Although this seems like a strict, inflexible system, courts consider the needs of the child before the plans and intentions of the parents. To learn more about child support cancellation, contact a divorce attorney.

For more information regarding your rights in a divorce, contact the Austin divorce attorneys of Slater Kennon & Jameson, LLP today.

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Family Law – Various Issues With Which it Deals

September 9, 2010 by Maricopa County Court  
Filed under Family Court

By Andrew Stratton -

Family law encompasses a wide range of family related issues including prenuptial agreements, adoption, child custody and visitation and divorce to just name a few. In our modern society one doesn’t have to look further than the media to see the complications of modern life are not necessarily keeping up with the abilities of the court to regulate and offer relief. Issues such as property division when a couple has lived as man and wife without the legal recognition marriage can offer an eye opening experience as judges can not treat the property obtained during the relationship as marital assets and a whole new set of rules, which may seem less accurate and less fair, but none the less apply. When children are involved it can become more complex as the need to establish paternity can slow down the process to arrange child visitation, custody and support. Taking all of the deviations of life into consideration it is easy to understand why this law becomes important in protecting the rights of families.

Although technically divorces are handled by the Supreme Court, most other similarly related matters are handled by family court. This court can ultimately end up micro managing the lives of families with concerns such as paternity, child support, and spousal support. Paternity is usually not a problem with children born in wedlock but it may have to be established for children born out of wedlock. If paternity has already been proven the court can move forward towards setting kid’s support. This law can also work with custodial guardians to enforce child support orders and garnish the wages of parents who refuse to pay support. Other issues that family court deals with include spousal support. A non working spouse in the process of being divorced can be entitled to spousal support in order to avoid going on welfare. In addition to the types of law already discussed, this can extend to criminal matters such as restraining orders related to domestic violence. The same will also address the issue of youth who are beyond parental control and juveniles who have been charged with criminal offenses.

Clearly this law is capable of providing a wide range of services not only for families who need court intervention to move forward with their lives but also for families who occasionally find a need for family court to enforce established orders such as child or spousal support.

In nassau county family law is practiced by lawyers who devote their career to providing you with effective, personalized service and representation. They are personable, compassionate, and sensitive to your emotional and financial situation. To know more visit, http://www.brubek.com

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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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http://EzineArticles.com/?Understandings-a-Fathers-Rights-When-You-Are-Not-Married&id=3348790

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