Where Can Fathers Who Are in Arrears and Unemployed Get Help With Child Support?

December 6, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Justin DiMateo -

Fathers who are unemployed and/or in arrears may run into great difficulty when attempting to fulfill a Court Order to pay child support. Many may feel hopeless and lost when considering their options and in many cases may not completely understand their options. The first thing that an individual should do when they lose their job or are having trouble paying debts is to seek a modification to the Court Order. They should do this immediately, as consequences may be in store for those who do not seek a modification of the Order, including suspension of their driver’s license.

Another important step for fathers struggling to make child support payments when unemployed or in arrears is to check if they are eligible to receive unemployment benefits. If so, they should contact their case worker to ensure that a wage withholding is put into place with the Bureau of Unemployment Services. Remember, becoming unemployed does not mean that you are still not responsible for making payments on time. The amount due will continue to accrue in arrears.

If you’re already in arrears and continue to struggle to make payments, it may be possible to work out an arrangement with the custodial parent. Of course, speaking with an attorney before entering into any arrangement is encouraged so that the rights of the father are protected and to avoid unexpected surprises along the way.

Child support is typically linked to the amount of time that each parent spends with the child. In joint physical custody cases, support may be lower than in cases where only one parent has physical custody of the child. Support is meant to assist the custodial parent in paying for expenses related to caring for the child and ensuring that all of the child’s needs are met. The Court will act in the best interest of the child. If you believe that you are paying too much support based on the amount of time you spend with the child, speak with an attorney to see if you may seek a modification to the Court Order.

Justin suggests, after going through a divorce, to get clear and precise up-to-date information on California Child Support laws from a family law lawyer. See a Divorce Lawyer and visit the offices of Diefer Law Group

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How Child Support Works

November 17, 2010 by Maricopa County Court  
Filed under Child Support, Family Court

By Zac Johnson -

If you have come to this article then I am sure you are curious as to how the process of obtaining child support works. This could because you are going through a divorce or are at least considering one. Going through a divorce is not an easy decision to make and should not be taken lightly. However understanding how the process works can give you a leg up on what you are about to experience.

How Child Support Works

When a couple decides to get a divorce it is understood that one of the parents will be given custody of the kids. However since one parent is given custody this does not stop the financial obligations the other parent has towards his or her children. The financial burden should be shared between both parents and the courts have enacted several provisions to enforce this. The determination of child support depends on how many children you have and how much the custodial parent makes. It is calculated differently depending upon where you live and even what jurisdiction you fall under.

The Calculation of Child Support

Each State calculates how much a non-custodial parent receives differently. This is mainly because each State has their own unique ways of gathering income and also many variations on living expenses. The State could appoint a economist to determine a families income streams and living conditions to determine the best outcome for the children. In some cases the custody of the children will be altered because one parent will be better able to take care of them financially

In most if not all states the requirement to have your children under some sort of health insurance is a must. If you cannot afford to have your children under your health insurance plan then you will need to appeal to the courts to see if you can get assistance with this.

If you are beginning to figure what you will need to take care of your children then there are many online child support calculators you can use to determine a good starting point. However I would like to point out that these are only just a tool to be used to start the negotiation process. It is best to use some sort of court appointed mediator as that will save you thousands in fees.

The process of obtaining child support is not an easy one. It can take months for the court to determine how much you can receive. This time can be very stressful to the other parent as they try to make ends meet.

Child custody battles are intense and without the proper aid can be almost impossible. Find the tools needed to win your battle for your kids.

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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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What to Expect From a Child Custody Hearing

October 8, 2010 by Maricopa County Court  
Filed under Child Custody

By Brandon Brewer -

Most people who go through a child custody battle are not sure what to expect from the court system. Even having an experienced lawyer does not always reduce the anxiety that parents tend to experience in this situation. But by knowing what the courts expect at your custody hearing, you can make sure you are prepared to present the best case. Here are some basic considerations the court will examine during your hearing.

Your Home

The judge will examine each of the parent’s living situations. Some of the factors that are discussed are safety, proximity to resources, size, and features. Ideally, you would have a home in a safe neighborhood that offers easy access to schools, health care, and relevant shopping outlets. The size of your home is figured into how many people live there and the number of bedrooms and bathrooms available.

Continuance

The goal of any child custody case is to provide the best situation for the child. This includes factoring in the transitional period for them. The custody judge is looking for a stable environment where the child will be afforded the best opportunity to adjust to the family changes. This means that preference will be given to the home which does not involve the child changing schools, friends, or other social circles.

Your Schedule

The custodial parent inherits a significant responsibility in providing emotional support for the child. This means that your work schedule should have plenty of accessibility and flexibility to care for your youngster. The court system will measure the amount of time you have available for family interaction. If your current schedule is hectic enough to raise concern, than you should have a detailed strategy for how you plan to make more time if you win custody.

Child Preference

Consider your child’s preference for custodial guardianship to be the “X factor” in a child custody hearing. The ultimate role of the court is to ensure the best overall living situation first, followed by extraneous factors such as preference. However, if all other aspects of the case fail to produce a clear winner, than the child’s preference will likely push one side over the top.

Understanding the considerations of a child custody hearing is an important part of preparation. By recognizing the factors that determine your eligibility for custody, you can eliminate potential negatives before they hurt your case. The key is to position yourself to provide the best environment for your child’s development, coupled with the least amount of stress for their transition.

The most successful custody appeals happen when the parent takes full control of the process. You should never rely solely on a lawyer to win your case for you. Visit ObtainCustody.com for more resources on how to win child custody.

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Divorce, Child Custody, and Family Law – What Not to Do in Your Family Law Case

September 20, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By David Marquardt -

At the end of a divorce or child custody case, there aren’t any “winners” or “losers” in the traditional sense. But often one person walks away feeling as though they attained the better outcome. Many times this outcome is the product of some mistake that the other party made.

As a family law attorney, I’ve seen some hostile cases and I’ve seen people do some cruel things. Sometimes these actions are physically injurious but, more often than not, they are mentally damaging. In the end, however, they almost always come back to haunt that person. Consequently, if you are involved in a divorce case or a child custody case, don’t do any of the following if you want to attain your desired result:

1) Denigrate or abuse your spouse.

Nothing makes someone look worse in a family law case than someone who is cruel to their spouse. No, it doesn’t necessarily mean that you are “at fault” under the law, at least not with respect to grounds for divorce. But if there is one thing to take out of this article, it is that the law isn’t the only factor in the outcome of your case. The State has an interest in protecting marriage as a promoter of family values, so if there is someone to blame for the breakdown of the marriage, this is a sure sign of who that person is.

2) Involve the children.

Who is most affected by your divorce case or your child custody case? That’s right – your children. Not you and not your spouse. Keep them insulated from your litigation so as to minimize the effects of their life being turned upside down. Do NOT use them as a messenger. Do NOT share intimate details of the other parent’s behavior. Do NOT let them read legal pleadings or letters from attorneys. DO not move your children far away from the other parent.

3) Be unreasonable in custody and visitation.

Unless your spouse actually causes harm to your children, you need to accept the fact that your children need both parents in their lives. There are things that a mother can provide, which a father can’t provide. There are things that a father can provide, which a mother can’t provide. Being unreasonable in custody and visitation or worse, denying visitation altogether, only makes you look like a bad parent.

4) Fail to provide support.

Support in this context means child support and alimony. Though mutually exclusive, the point is the same. Courts don’t like it when you refuse to pay reasonable amounts of support. Child support will be awarded in nearly all cases. Courts don’t like it when the non-custodial refuses to pay. Hint: they take it as a sign that you don’t care about your children. Likewise, if your case is one in which alimony is warranted, don’t refuse to provide for your spouse until the court orders you to do so.

5) Hide assets.

Some people get away with hiding assets. But a good divorce attorney will find them. When they do, they will let everyone know about it. Then you’re in trouble not only because you now have more assets in the pot, but you also lied about what you have.

6) Let emotion guide your actions.

This is the “catch-all” provision. Put simply: don’t be a jerk. While most family law cases are resolved outside the courtroom, there are many that end up in trial. Remember that the Judge who is ultimately deciding your case is a person too.

This is not legal advice. It is merely information. Every situation is different and you should contact an attorney licensed in your state to discuss your specific needs. I am not your attorney. You are not my client. If you need a family law attorney in Maryland or DC, contact a Maryland family attorney or DC divorce lawyer without delay.

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How to Fill Out Child Custody Legal Forms Correctly

By Stanley Hardin -

Divorce can be very difficult for any married couple. Apart from separation of their lives, they need to make arrangements for separation of all assets, whether movable or immovable. However, separation of the kids can be very difficult as none of the parents may want to part away from the kids. In order to get the custody of the kids, you need to fill out certain child custody legal forms. Further, you need to ensure that you fill out the child custody legal forms correctly; otherwise you may risk losing the possession of the kids.

You need to take the current forms from the court. It is possible that rules would have got changed in the near past and if you use outdated forms, your case might get weak. You can even download the current child custody legal forms from the websites of the respective court in your region. There might be certain terms and conditions which you should read and understand completely before signing on them. Otherwise you may land into trouble later on.

In order to prove that you can support the kids comfortably, you would need to provide your income proof. Both the parents can sit back and discuss the nature of the custody that they want. Who would keep the kids during the weekends, needs to be agreed upon. This would ensure that no further legal hassles are in your way. In the absence of mutual consent, the court may be the last resort to get the things settled out.

It is quite important that you say what you have stated in your documents. Any sort of difference in both accounts can jeopardize your case and you may even lose the custody of the child. You need to understand all the processes completely and fill the forms with care so that there are no loose strings attached.

Learn more about child custody forms, please visiting http://www.ddksyxx.com/general/filling-the-child-custody-legal-form/.

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Divorced Dads Tips – Winning in Family Court Requires Clarity

By Danny Guspie -

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Winning in Family Court Requires Clarity, especially when you are a divorced dad.

The first step to winning in is to clarify and define your goals. If you don’t define your goals, someone else will, and you could end up with results that you probably won’t be happy with. Remember this: Your child needs you more than ever. Being a winner means making peace for your kids, even when it hurts. So, plan with your end result in mind. You do have options and you do have rights.

The words Fathers’ rights are not dirty words. Fathers are natural protectors of their children. Men can be good parents, and they have a right to be treated as good parents in the court system. But you have to act that way. People are not what they say, they are what they do.

I have seen really good men and women who struggle to be the best parents they can be under the difficult circumstances of separation, divorce and the costs of enormous legal fees in Family Court. And I’ve seen plenty who can’t afford a lawyer.

But ask yourself no matter what gender you are – don’t you want to be with your child? Haven’t we raised the awareness of equality issues to a point where young boys who grew up in the last four decades expect equal treatment? Fathers, once they enter into Family Court, are under constant assault. You need a new set of skills to deal with these problems.

For example, men fail to recognize that when a woman makes the decision to go to Family Court, she didn’t make it overnight. Usually, she has made it over a long period of time.

The unfortunate ugly truth is this: When you’re a man served with Family Court papers, you’re soon to be ex is not “your best friend” nor does she need to be rescued from her perspective. If you don’t understand that and you try to “rescue her, you could find yourself facing a restraining order.

Find some people who have already been where you are who can explain things to you, who can mentor you, guide you, and coach you. And who have found REALLY GOOD lawyers.

Your children deserve a family at peace. As parents it is your job to provide that. Your child has the right to your love and protection. But also recognize that justice begins in your heart, mind and soul. It’s not often found at the end of a Family Court judge’s gavel. Sadly, litigation is part of the equation…

Never let anyone tell you that you are no longer a parent to your child because you’re a Dad. The most important part of finding your direction is to find out where you are so that you can begin to move forward.

Be observant enough to recognize when things are going poorly in your relationship with your child’s mother. Get the help necessary to plan an exit strategy well before Mom out maneuvers you to your child’s great disadvantage. Act with Clarity; Begin with the end result in mind.

Learn how to wage peace on behalf of your child during great provocation. It’s an easier skill to acquire when you don’t deny the reality of your situation. Accept that you have rights too.

During my divorce, I wished for a divorce road map. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at http://www.DivorcedDadWeekly.com where we will share with you what has worked for many successful divorced dads.

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Child Custody For Fathers to Help Dads in Their Case

By Justin DiMateo -

“Custody for Fathers: A Practical Guide Through the Combat Zone of a Brutal Custody Battle” is a book completed by an experienced family law attorney Michael Brennan focused on the area of child custody.

Reviews coming in for this book claim that finally a well written book made for fathers combating their ex-spouse for child custody has arrived. It offers a positive, hand-holding strategy to give dads the additional self-confidence to do the right thing. The details given are such that you are instructed on the proper body language for the courtroom.

Some dads are mistaken in the thinking that if you permit the mom to have 100% or full custody that they can return later in a couple of years and get joint custody, but this is far from the truth as it is a rare occurrence.

It is vital that fathers establish themselves prior to acquiring custody. The moment you lose custody, your chances of maintaining an active role in your child’s life decrease. Allowing full control by your ex-spouse can be tragic if the divorce was combative since it is well documented with cases whereby mothers have brainwashed their kids against their father.

Do you really want your ex-wife to control all the major decisions and factors of your child’s life that a Dad should do or customarily does.

When it comes to acquiring child custody from a divorce and fighting for the optimal interest of your children, you have to put up a mighty forceful fight. There is no area for doing it half-way for lack of knowledge. The old adage of knowledge is power definitely applies. Wouldn’t you as a Dad like to teach more adages to your child?

It is mistakenly thought that dads can easily gain either sole or joint custody of their children. This is not true. And this book emphasizes the significance of getting a successful child custody strategy in place in the beginning. If this is done half-way, to put it lightly, then it is very hard to modify the current agreement, especially if it was inserted by the court from the collapse of the parent’s relationship.

It is important for fathers to completely know how the legal system operates, how the child custody laws are different in various states and how to do the best they possibly can when custody analyzing is being performed.

Another testimonial from a reviewer, “I feel confident that the information in this book will assist me in raising my chances at a minimum of being able to spend time with my child, counter-acting the negative efforts of the mom. The book is without a doubt worth the minor investment and time to be able to spend time with your child.

Justin suggests you get this book and choose a lawyer who specializes in the field and get yourself informed thoroughly.

Find a child custody lawyer to help your cause and remain present on your child’s life.

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Finding Success in Fathers Rights, Even With a Negative Society Around You

By Dennis Gac -

It’s a common phrase, “Deadbeat Dads.” But even so, the table has turned. Now, you’re hearing more about “Deadbeat Moms” and are even seeing situations where fathers are stepping up and taking control and custody of their children.

Over the years, society has continually focused on the mothers. Mothers always get the kids, mothers always get child support, mothers are automatically rewarded custody in family court. But with the growing number of fathers becoming aware of their rights in their divorce and custody cases, fathers are increasingly receiving joint, even FULL custody of their children in divorce court settlements. Even with the negative stigma that surrounds fathers and their children, fathers’ rights have brought so-called “Deadbeat Dads” to the other side of the table-even in some cases, making them the saving grace in their children’s lives (case in point, Kevin Federline and Brittany Spears).

It is so important to understand that there is hope when fighting for your rights to your children as a father. No longer is it “understood” that the mother is a better caregiver and nurturer for your children. You are just as much of a parent as their mother, and even though the courts are very one-sided when it comes to mother versus father as the primary caregiver of children, you can easily turn the tables and receive custody with a few simple tips and tricks up your sleeve to show your ex is not quite the saint that everyone thinks she is. Instead of going into court with verbal assaults and anger, it’s important to gather the appropriate information and know what you’re fighting for in order to win against your ex-even without an attorney.

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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Child Custody and Divorce – Winning Custody Versus Best Interests of the Child

By Dianne Ophelia

Many authors, including myself, write books for Mothers and books for Fathers with the sole purpose of teaching them “How to Win Child Custody.”

We occasionally receive comments from angry parents asking how can we ignore what is in the Best Interests of the Child, by instead telling Mothers or Fathers how to assert their Child Custody Rights and Win their Custody Case.

The answer is simple. When a Mother or a Father is willing to take the time and effort to read and study about How to Win their Child Custody Battle, that parent is the one who truly cares about their children and will dedicate the time and effort necessary to be the best parent that they can be.

Books about How to Win Child Custody Rights not only give parents the basics about custody actions and how to conquer them but also make them better Parents. The conduct required to Win a Custody case is also the conduct necessary to be a great parent.

One cannot win a child custody action without being a good parent. And, how can being a great parent not be in a child’s best interests?

Of course, the healthiest way to resolve a custody dispute is through mediation. No matter how a “Custody Battle” is resolved, the fact that a conflict is ongoing between a child’s parents will have a detrimental and generally long term adverse impact upon a child.

If a parent knows how to Win Custody, often those tools can be used to force the other parent into resolving the action without litigation because of the inherent risk of losing custody to the more prepared parent. At the very least, being prepared and knowledgeable about the action will shorten its length in most cases.

All studies show that a child is much healthier, physically and mentally if they have a deep and loving bond with both their Mother and their Father.

I have found that many advocates for “What is in the Best Interests of a Child” are really Mothers or Fathers, who do not want to share their child with the other parent. They hide behind this concept, claiming, of course, that custody to that individual is always in a child’s best interests.

The best interests of a child are met when both parents are knowledgeable, experienced, loving, caring individuals who truly want the most time possible with their child, understanding that their child also needs time with the other parent.

Parents who are “In It To Win It” are parents who care about their Children and want the best for them. How can this not be in the Child’s Best Interests?

For More Free Information, Articles, and plus eBooks to help you Win Your Custody Action and/or Divorce Action; and, to learn about my Mediation and Coaching Services, Come visit me at: http://www.wincustodynow.com.

Dianne R. Ophelia is a Certified Family Law Specialist and is known as “THE 30 YEAR DIVORCE EXPERT”

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