Child Support in the Arizona Family Court: How Do Social Security Benefits Affect Calculations?

December 16, 2010 by Maricopa County Court  
Filed under Child Support, Family Court

By Trent Wilcox -

Social Security benefits can affect child support in two ways. First, if either the parent paying child support (the “obligor”) or the parent receiving child support (the “obligee”) receives Social Security benefits, the Arizona Child Support Guidelines require that the Social Security benefits be included in determining either parents income. Thus, the Social Security benefits help to determine the initial child support obligation.

Second, the Social Security benefits can affect the amount of child support that must be paid out of pocket by the parent paying child support. Section 26 of the Arizona Child Support Guidelines addresses this issue and states verbatim as follows:

A. Income earned or money received by a child from any source other than court-ordered child support shall not be counted toward either parent’s child support obligation except as stated herein. However, income earned or money received by or on behalf of a person for whom child support is ordered to continue past the age of majority pursuant to Arizona Revised Statute Sections 25-320.B and 25-809.F may be credited against any child support obligation.

B. Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contributions made by the parent paying child support shall be credited as follows:

1. If the amount of the child’s benefit for a given month is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied.

2. Any benefit received by the child for a given month in excess of the child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payments.

3. If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent shall pay the difference unless the court, in its discretion, modifies the child support order to equal the benefits being received at that time.

C. Except as otherwise provided in section 5.B, any benefits received directly, and not on behalf of a child, by either the custodial parent or the parent paying child support as a result of his or her own contributions, shall be included as part of that parent’s gross income.

The interpretation of Section 26, above, minus some of the legalese, is really pretty simple:

A. If a child receives benefits from a source outside of the parent paying child support, it will not normally diminish the paying parent’s child support obligation unless the Arizona Child Support Guidelines provide a specific exception. However, if a mentally or physically disabled child receives child support past the age of majority, those amounts may be credited toward the paying parent’s child support obligation. Notice this is a “may” and not a “shall,” meaning that the court has discretion in this child support matter.

B. If a child receives benefits, such as social security or insurance, because the paying parent made the child eligible to receive such benefits by paying into the system, those amounts will be credited toward the paying parent’s child support obligation in the manners described. Notice this is a “shall” and not a “may,” meaning that the court has no discretion in this child support matter.

C. As mentioned above, a parent who receives payments directly on his or her behalf must include those amounts in income totals used to calculate child support. However, the exception to this provision is provided by the Child Support Guidelines Section 5(B) which states, “Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance.”

Wilcox & Wilcox, P.C.

Trent Wilcox

For the Firm

Phoenix office:

3030 N. Central Ave., Ste. 705

Phoenix, Arizona 85012

Ph: 602-631-9555

Fx: 602-631-4004

Goodyear office:

1616 N. Litchfield Rd., Ste. 240

Goodyear, Arizona 85338

Ph: 623-344-7880

Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our weblog: http://www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may not apply to states other than Arizona.

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents from various countries in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and when he gets a chance to practice, carries a +3 to +4 handicap.

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Problems in Family Court That Fathers Should Prepare Fo

December 15, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Shane Flait -

Problems with the family court setup include laws that are discriminatory to whoever becomes the non custodial parent – overwhelmingly the father. But as bad these laws are, their administration is worse. Fathers can’t depend on lawyers to defend them effectively in this process.

This article overviews problems in the family court setup which fathers should guard against.

Family court typically awards the mother custody of the children while making the father a noncustodial parent obliged to pay up to a third of his income in ‘child support’ payments. That’s because

* The court asserts that it can decide who will get custody of the children based on the judge’s determination of ‘best interests of the child’ and

* Family court judges adhere to views that discriminate against fathers – and for mothers – as parents.

The first point violates of one’s constitutional right to parent. Denying that right requires the court to prove the father is unfit to parent with a jury trial by clear and convincing evidence. Constitutionally, the ‘best interest of the child’ resides in a fit parent, not the state!

The second point violates equal protections of the 14th Amendment, not to mention invidious discrimination.

But even under family court laws and rules fathers must prepare to protect themselves against court personnel. They often disregard rules they’re supposed to follow. The main characters in family court are the judge, the parents’ lawyers, and guardians ad litem. Knowing what their job is and where they can go wrong is important.

* The judge: his job and where he may go wrong:

There is no jury in the family court. So in a divorce trial, the judge decides – according to the record, evidence, and testimony before him – what the ‘true facts (called ‘findings of facts’) are. Then he makes his final judgment (i.e. a set of orders) which should be consistent with these findings of facts.

The trial judge can make mistakes (called errors) when his findings of fact are clearly not consistent with the record or what was proved in the trial. He may also misapply the law to his ‘findings of fact’.

* The wife’s lawyer: what he tries to accomplish:

Typically the wife’s lawyer will make the father out to be bad father, a controlling husband, maybe abusive to wife and/or children, unable to care adequately for children, and making a lot of money – or should be making a lot! That’s because they want to show

* It’s in the best interest of the children to make the father a noncustodial parent, and

* He should pay as high a child support payment as possible

The wife’s lawyer may coach the wife to misrepresent or distort the facts and create unsupported accusations against the husband. He’ll not the let the wife settle without an outrageous settlement in her favor.

He’ll try to force the father into an unreasonable settlement because, unfortunately, the trial judge will probably make a heavy judgment against the father. He may try to force a settlement by bringing the father to court often to run up his lawyer bills and the father may be told to pay both his own and his wife’s lawyers’ fees.

* Where does the father’s lawyer goes wrong?

The father’s lawyer should prepare well to defend against all accusations. He should require clear evidence for any accusations, be aggressive at defending the father and go after the wife’s character for making such unfounded accusations.

Unfortunately, his lawyer often doesn’t spend the time to create a good defense, effective briefs and supporting citations so he can force the judge to rule more in the father’s favor. It’s too much work. He won’t buck the system – where judges are clearly pro-wife or mother – by aggressively objecting, or even appealing. He’s worried about suffering the anger – unjustified as it may be – of the judge who the lawyer must see all the time in his work.

* Guardian ad litem (called GAL for short: What is his job?)

He or she to evaluates your children and their relation to you.

Where do GALs go wrong? They’re appointed by a judge who continually recommends those who find ‘things’ in a way that the judge wants things found. There are really no requirements to be a GAL. Any lawyer can request to be an evaluator of your children and their relation to you.

* Where fathers go wrong:

Fathers make the mistake of remaining unwitting pawns in this game. Fathers must get ‘in the know’, and take aggressive action to control their case to minimize the damage to themselves. If need be, they should go pro se, if their lawyers are unwilling to effectively fight for the father’s fundamental rights.

Shane Flait gives you the capability you need to fight for your rights.

Get his FREE Downloads at http://www.FathersRightsLegalAid.com.

Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com.

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Divorce and Family Court Issues

December 10, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Chris Grifin -

Family court has jurisdiction over family disputes. If you and your spouse decide to get divorced but cannot come to an agreement on certain issues, you may have to settle the matter in court. You should hire a divorce law firm to guide you through the divorce process. One of the reasons family court is important is because it protects the welfare of children.

Why you should choose an attorney

Family issues like divorce and child custody can be sensitive. A lawyer who specializes in family law can offer you divorce advice in White Plains.

Additionally, you should choose an attorney for the following reasons:

Understanding: Your attorney has significant experience with matrimonial and family law and understands your situation. Also, your lawyer can offer you personal legal service and guidance to help you find closure.

The law is complicated: Legal issues can be complex and overwhelming. An experienced divorce law firm can explain family law and legal procedures.

Your lawyer will fight for you: A lawyer can make sure your voice is heard and that the issues you are concerned with are discussed.

What happens in family court

If you are thinking about a separation or divorce, you should seek able counsel as quickly as possible. After you file a petition, and your spouse receives a summons, you attend court. You can avoid going to family court if you and your spouse can agree on issues like marital assets, child custody, and visitation.

The following cases may be dealt with in family court:

• Divorce

• Custody

• Alimony

• Adoption

• Domestic violence

A seasoned law firm understands that divorce can be a delicate matter. If you are

in need of competent legal help or a divorce mediator, do not delay in contacting an divorce attorney.

While this article is intended to provide helpful information, it is not meant to constitute legal advice.

Since a divorce is an emotional and physical moment for everyone, only an experienced divorce lawyer can assist you through all aspects of family law. A legal separation is always a good alternative for couples that are not certain about the divorce.

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Representing Yourself in Family Court

By Michael Weening -

I receive over 100 letters/e-mails a week from Fathers nationwide and am frequently asked a variety of questions on the topic of attorney’s and representing yourself in family court. Many have asked, “Do I need an attorney or can I represent myself?” Many also ask, “What if my EX has an attorney and I don’t? “Will the Judge ‘look down’ on me IF I don’t have an attorney?” These are all valid questions that deserve an answer.

The answer to the first question is: YES, Absolutely you can! BUT there is a VERY BIG “IF” attached to this question. You CAN be successful in family court representing yourself IF:

IF you know where to go; what to say; what to do; how to act.

IF you know what NOT to say and/or do.

IF you know what to file, when to file and where to file with the court.

IF all of your paperwork including pleadings, forms, affidavits, declarations, motions, petitions, exhibits and attachments have ALL been properly completed, filed and served.

IF you understand the court’s rules and civil procedure.

In other words you CAN successfully represent yourself without an attorney BUT you will need legal help and navigation.

Since I began offering Fathers Rights legal assistance 17 years ago I keep hearing the same recurring statements about family law attorneys.

- “I can NEVER get a hold of him and he NEVER calls me back”

- “He never responds to my messages”

- “It seems like my attorney isn’t doing anything for me.”

- “The only two times I saw my attorney is the day I paid him and the morning of court. It was like he hadn’t even looked at my case file.”

- “My attorney charged me $3,000.00 and didn’t do anything.”

- “My attorney talked a great game in the beginning BUT after I paid him he didn’t do ANYTHING he said he would do. My case turned out completely different that what he predicted.”

- “I just don’t have the money to continue with my attorney.”

If you have ever had a family law attorney I am sure you strongly identify with these remarks.

Here is the GOOD NEWS:

Most states have recently become “self help/user” friendly. Wherefore a very high percentage of family law cases are successfully resolved without an attorney. Furthermore, most states have low cost/no cost self help legal options available depending on the legal requirements of your case. These options often include document preparation, court filing and process service.

A word of caution: Although many states are self help/user friendly do not be mistaken. You cannot simply fill out a bunch of papers and file them with the court so that you can tell the Judge your side of the story. I’m afraid it isn’t that easy and in fact, it is legally dangerous! To be successful in family court requires case evaluation and analysis, legal knowledge and planning, strategy and guidance and most important; on going legal navigation. It requires the formulation of a sound “legal game plan” and its proper execution. It requires simple legal knowledge of the Domestic/Family code, case law and rules of court procedure. When everything you need to learn/know has been accomplished and a “legal game plan” developed then you can concentrate on acquiring accurate and precise document preparation, court filing and process services.

One final word: Whether you decide to retain an attorney or represent yourself you must learn how the family court system works . Family law is VERY different than other forms of law wherefore you must become PROACTIVE and take charge of your own case. You CANNOT simply throw money at an attorney and expect him to help you. The truth is unless you take control of your own case and learn how the system works no attorney or other legal professional can ever help you! On the other hand if you decide to hire an attorney you will ultimately benefit from learning the system. Hiring an attorney is much like the “horse and rider” analogy. If the horse knows that the rider (inexperienced) does not know what they are doing, the horse will take you on a wild and expensive ride to a destination your never wanted or expected. You must learn how to communicate with your attorney. Remember, the attorney works for you, not the other way around!

A family law case stays open forever therefore you must commit to learning the steps you can take NOW to win or, at least, significantly improve your case. Again take the time to learn the rules of the game before you play. You can be sure your Ex has!

Mike L. Weening

http://www.fathersrightsinc.com

http://www.fathers-rights-california.com

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Child Custody Forms – Where to Find and File a Child Custody Form

November 24, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Steven Carlson -

Child custody forms can vary from state to state and the process and procedure for completing and filing a child custody form can also vary depending on the county and courthouse that has jurisdiction of your case. It is important for parents to locate the right child custody form for their matter, thoroughly complete it and file it with the right courthouse. There are many ways to research and locate the right form for your particular situation. The following are examples of places that may be able to help you find, fill-out and file the right forms.

Court website – Most courts have a website with information about the courthouse including court locations as well as court forms. If you know which forms you need you may be able to download the forms from the court website.

Family courthouse – Most courthouses provide information about the processes and procedures as well as custody forms. If unsuccessful finding the proper forms on the website or you do not have a means to print out, you may want to try going down to the local family courthouse to obtain the forms you need.

Family court facilitator office – Many courts offer non-legal assistance through a family court facilitator office to in pro per litigants not represented by an attorney. The family court facilitator may be able to advise you on the forms you need, how to complete it, and where to file it. However, the family court facilitator does not provide legal advice, cannot represent either party in court or act as your attorney.

Legal document assistants – A Legal Document Assistant can help you prepare legal documents such as custody forms and provide self-help services at the consumer’s specific direction. Legal document assistants cannot provide you with legal advice or represent you in court.

Family law attorney – For legal advice about your situation and for legal help with child custody forms to use, completing and filing the forms you’ll want to speak with an attorney. Some attorneys offer free initial consultations which can help you decide if the matter is something you wish to pursue yourself or hire the expertise of an attorney to carry out. The resources above will likely recommend you speak with an attorney about your matter to obtain some legal advice about your rights and how the laws apply to you.

Whether you are searching for dissolution of marriage packet, child support forms, custody petition or modification forms, ex parte application or domestic violence or restraining order forms, you’d do well to consult with an attorney for legal advice about your situation to help you determine the right forms for you and the best course of action to take.

2010 Child Custody Coach™. All rights reserved.

Child Custody Coach™ supplies information and one-on-one help to parents in the field of child custody and visitation issues, divorce, custody evaluations, parenting and free state child custody forms information. Steven Carlson, The Custody Coach™ is the author of the winning custody guide “How to Win Child Custody: Proven Strategies that can Win You Custody & Save You Thousands in Attorney Costs!

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Child Custody Rules for Fathers

September 29, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By David Pisarra -

All too often a new mother wont allow a new father to take his child. There are all sorts of claims about his parenting abilities, and she has “grave concerns” and wants “supervised visitation” yet no one ever questions her abilities.

We see this type of controlling behavior is all too often in our practice, and it is a detriment to the father/child bonding. I understand that newborns are vulnerable but that is no excuse in this day and age for a father to be denied solo parenting time. Frequently the mom claims that the father is not a good parent, or too immature, or too uneducated on how to provide for a newborn. I think those are weak arguments at best and disingenuous at worst.

If a man is old enough to father a child, and to be required to pay child support, then he should be old enough to take up the mantel of parenting. Considering that a man has no choice in the matter once conception has occurred, it is then only fair that he should be entitled to the benefits of parenting, if he has to bear the burden of responsibilities.

Today, as it stands, fathers who want to obtain, or increase, their visitation and custody orders need to keep in mind the following: Proximity, Paperwork and Persistence. They can make or break your chances of getting the orders you want, issued by the judge.

Most fathers start out a custody case at a disadvantage. When dad moves out, the children are left with mom, and that becomes the way the court is inclined to keep the situation. The moment that dad moves out of the family home, is the moment that mom gains an advantage in child custody hearings. Here’s why, the courts don’t want to upset the children’s living environment. They focus on keeping the child stable, and that means in their historical home. So how then does a man recover from the mistake of moving out of the house? He must show to the court that he can effectively parent the child, with as little disruption to the child’s routine as possible.

PROXIMITY

This means how far or close dad lives to the child’s home and school. This is a major factor in increasing, or acquiring, custody and visitation. The closer dad is to the home and school, the more easily he can be present for the child, and the courts give this great weight. If the choice is for a child to be in a car for five minutes getting from mom’s home to school or a 25 minute drive from dad’s home, the court is going to prefer mom’s home. It is also more likely that the child’s friends and social network are close to the school they attend, which is a factor for the court.

PAPERWORK

Cases are won or lost on documentation. Dads should keep a Calendar or a diary of all the time that they are with their child. In any contested case, mom has something that she will use to show the court how little time dad spends with the kids. A simple calendar which shows the days that dad took his child, and what they did on those days can make all the difference for a change in custody. If dad keeps the receipts for what he did with his child, it will allow his lawyer to prove that he took the child to see the movie Cars on a day when mom says he didn’t visit. This is a crucial credibility issue, and one that with a little bit of work by dad, can yield big gains. The court will see that dad is truthful, and he’s come a long way towards winning the credibility wars, and that can lead to more time with his child.

PERSISTENCE

The biggest factor that effects whether or not a dad will win more visitation or even equal custody, is his ability to come back, time and time again. The successful dad in family court, is the dad who never gave up, and was willing to do whatever it takes, no matter how difficult it was, or how long it took, to prove to the court that he wants and is capable of being a loving, attentive and present father. The successful dad who wants to increase his custody and visitation, will live close to his child, keep good records, and never give up when dealt a bad hand.

David Pisarra is an author and attorney who specializes in the five southern California counties of Los Angeles, Ventura, Orange, Riverside and San Diego. His practice is focused on the needs of Fathers and Husbands in a family court system that is hostile to the rights of men.

His website is http://www.MensFamilyLaw.com and his blog is http://MensFamilyLaw.wordpress.com.

He is a regular contributor to the Santa Monica Daily Press where his column, “What’s the Point?” appears weekly, tackling both local and international issues of interest. He is a regular contributor to Divorce360.com, SingleDad.com and GoodMenProject.com.

He has several books published, “A Man’s Guide To Divorce Strategy”, “A Man’s Guide To Child Custody” and “A Man’s Guide to Domestic Violence”.

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The Truth About Family Court and Attorneys

September 22, 2010 by Maricopa County Court  
Filed under Family Court

By Michael Weening -

A statement made by Ben Franklin two hundred and fifty years ago is not nearly as true as it once was!

“He (or She) who represents themselves in court has a fool for a client.”Benjamin Franklin

Today this statement is entirely untrue as it relates to the family law system and attorneys practicing Family Law. In fact, the real truth is found in another famous quotation:

“A fool and his money are soon parted” – Unknown

When I became involved in the Father’s Rights movement in 1990 there was one recurring issue that kept surfacing in almost every conversation I had with hundreds of men. The issue: The value and necessity of family law attorneys! To understand the dubious nature of a family law attorney you must first understand how family law proceedings are very different than other court proceedings.

Family Court conducts itself differently than other forms of civil and criminal law. In family court, everything is based on the subjective decision of a judge or mediator. Such decisions are loosely based on certain guidelines and laws however there is rarely a firm rule of law requiring the judge to make a certain decision. Furthermore, such decisions or rulings rarely resolve the problem since there is often no apparent legal issue being argued. Wherefore MOST decisions involving custody, visitation and a myriad of related issues are very SUBJECTIVELY determined.

Most Judges and many legal experts will tell you that they don’t have the answers to solving a domestic law problem. They will be quick to point out that they are not experts when it comes to children, marriage and family. They are reliant upon other experts, such as child psychologist, medical doctors, marriage and family counselors, mediators and other trained individuals. Contrary to popular belief family law judges don’t simply sit at the bench and wait for individuals to plead their case. They would much prefer that litigants resolve the issues themselves through mediation, mandatory settlement conferences, arbitration, attorney meetings, counseling, guardian ad litem, minor counsel, children’s advocate, friend of the court, custody evaluator and other conflict resolution alternatives. ALL of these individuals and services are VERY SUBJECTIVE and their reports can vary from court to court, person to person, judge to judge.

It is well known that family law courts are highly dependent on these services. In fact, in cases involving custody and visitation issues, mediation is a requirement of law before the judge can even hear the case. Further, in most states attorneys are not allowed at these proceedings. It should also be considered that statistically mediation services are VERY successful and result in out of court settlement. Well over 90% of all family law cases never make it to trial. They are routinely settled at a simple hearing, mediation, arbitration, or by agreement between the parties. And that’s exactly what the Judges want!

I have been involved in the Father’s Rights movement for nearly 18 years now. I started Father’s Rights, Inc. in January of 1992 and began offering self-help legal assistance to men who simply did not have the money to hire an attorney. Many of these men had hired family law attorneys in the beginning but either ran out of money or became frustrated with the results and decided to take control and learn how the system works.

Let me be very clear! A family law attorney can never be your “knight in shining armor” that defends your personal honor before the court. They do little more than file paperwork and negotiate agreements. However, if the negotiations occur at the courthouse they will charge you court time of $300.00 to $400.00 per hour. Therefore, any party to a family law action should never solely rely upon an attorney to resolve disputed issues. You can do that yourself! Unless you are Bill Gates and have lots and lots of money to throw away, learn how the family law system works and check out your other legal options.

As previously discussed, family law attorneys are virtually useless in most family court cases. In fact they can (and often do) more to hurt your case than help it. Unless you have significant legal issues such as jurisdiction problems, complicated community property issues or some other difficult legal issue, avoid attorneys like the plague. Do not presume that your case will be anymore difficult than other cases. Further, don’t presume that you will need an attorney because of angry threats made by the opposing party or because you have been served with family law legal papers. Again, check out other legal options. Family law issues are easier to resolve than you might believe. In fact, many states have now become VERY user/self-help friendly making is easier to file court actions and represent yourself. Remember, attorneys are businessmen FIRST, Attorney’s SECOND!

The truth is unless you take control of your own case and learn how the system works no attorney or other legal profession can ever help you! A family law case stays open forever therefore you must commit to learning the steps you can take to win or, at least, improve your case. Again take the time to learn the rules of the game before you play. You can be sure your Ex has!

Finally, Family Law problems affect not only you but your new wife, parents, grandparents, friends and most significantly your children! Don’t wait any longer! Don’t wait until it’s too late! Make a commitment now to change your life and the lives of your concerned family members.

Your Advocate,

Mike L. Weening, Esq.

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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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Child Support Lawyer – Know About Them

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

By Anna Woodward -

A child support lawyer can help take the confusion out of the process and ensure the rights that are protected. Divorce can be a turbulent experience and negotiating money, visitation and custodial issues can be difficult issues to navigate alone. A professional can help parents navigate through the state guidelines in order to understand how much compensation the non custodial parent can expect to pay.

The legal representative can also help negotiate a fair agreement during divorce mediation if the parents prefer to set their own agreement amount. The amount is based on the income of both parents and calculated so each parent is contributing towards 100% of the kid’s expected cost of living which includes a portioned share of rent/mortgage, utilities, food and other expenses such as school related expenses, sport expenses and other generalized expenses such as insurance. This ideally is the protective cushion that keeps a kid’s standard of living as unaffected as possible by the impact of divorce.

The court views child support as a responsibility that both parents share equally even if the couple is no longer married. It is treated separately from visitation rights because some parents feel they shouldn’t pay support if their visitation is limited or nonexistent.

Enforcing visitation is a separate matter for the court to contend with and it will never impact the court’s stance that amount should be paid. The legal representative can also assist in exploring every avenue to collect that support if the paying parent stops making payments. Options can include garnishing wages or placing a levy against the assets of a non paying parent, all of which should be handled and explored fully with the assistance of a lawyer.

Since this arrangement can be court ordered to continue until the kid is 21 years old if the child is attending college or stop at age 18 for non college attending children, it is important for parents to understand that it is a long term financial arrangement that will change throughout the years as the income of both parents alters.

Other circumstances that can impact this arrangement can include issues such a child living with a guardian other than a parent. Many children up living with grandparents for a variety of reasons and grandparents need to realize that the kid is still eligible for the money even if the care is only expected to be short term. Anyone who is supporting a kid and does not receiving child support can contact a lawyer and learn more about their options for enforcement.

In Nassau County child support lawyer with excellent credentials and experience guides you through the procedure and makes sure that your child is safe and secure. To know more, visit http://www.brubek.com

Article Source: http://EzineArticles.com/?expert=Anna_Woodward
http://EzineArticles.com/?Child-Support-Lawyer—Know-About-Them&id=4911339

A Family Law Attorney is a Great Help to Seniors

August 26, 2010 by Maricopa County Court  
Filed under Family Court

By Nick Messe -

If an elderly parent, relative, or friend starts to experience difficulties performing his or her activities of daily living, a plethora of community services are available today to help meet those needs. The most efficient way to find out what is available in a particular geographical area is to ask physicians, nurses, social workers, clergy, and friends or acquaintances who may have already had to deal with this same issue. Today, only a minority of people in their senior years live in nursing homes because so many other options are available. In many cases, it is even possible for a senior to remain at home.

Continuing care retirement communities are able to meet the needs of many older adults. These communities, alternately known as assisted living communities, offer both residential and health care services that can effectively meet the needs of many older people. Over 250,000 people now live in such retirement communities and the number of facilities is expected to more than double in the next decade. At one of these facilities a person purchases a contract for care that includes services for housing, meals, amenities, in-home care, and basic health care.

Home health care is another option. Many hospitals and health agencies offer home health care services. A nurse or nurse’s aide will come to the home and provide services such as giving injections, changing bandages, or helping with speech, physical, and occupational therapies. Depending on the specific services required, care is provided for a portion of every day or for several days a week. Medicare, Medicaid, private insurance, and other programs sometimes pay for some or all of the services rendered.

Adult day care is also available in some communities. In this arrangement, an older person who cannot function independently is cared for in a supervised setting during the day. Transportation to the day care center can usually be arranged and people can attend for part of a day, a day or two each week, or even daily. A midday meal is often provided. This type of program is most appropriate for people who are mildly incapacitated and lack full family availability during the work week.

Respite care programs are available for people who need limited nursing or medical care in a hospital or nursing home setting for a limited period of time. Respite care commonly offers rehabilitation programs such as would be necessary after a stroke or major surgery. Day respite care programs are similar but the services are even more limited. These programs allow one to visit the facility on an as-needed basis for some particular medical procedure, nursing care, or for a specific therapy.

In some communities, foster care homes are available where a senior can live with a family and enjoy all the benefits of a home environment while at the same time receive the social and physical support that he or she needs. To find out whether foster care homes are available in a particular community, a senior center social worker or even a bulletin board in a senior center can be consulted.

Nutrition services are widely available in most communities in the United States. Meals on Wheels delivers hot meals to older people in their homes, sparing them some of the effort involved in shopping and cooking for themselves. The program receives some public funding and thus the cost for meals is very small. Programs similar to Meals on Wheels are offered by volunteer groups, churches, and synagogues especially in larger cities.

In light of the above described community resources, nursing home placement is no longer an inevitability short of major medical conditions such as severe dementia, stroke, general debility, or terminal illness. It is a good idea to consult with a family law attorney who is expert in the field of elder care, long before such placement becomes necessary. These experts can help sort out estate issues, prepare for continuing personal care, and settle legal matters in advance.

The law firm of Williams and Moore PA has a well-earned reputation as a premier Deland FL criminal attorney. Whether you need a criminal attorney, personal injury attorney, or divorce and family law attorney you can count on us to provide aggressive and high quality representation.

Article Source: http://EzineArticles.com/?expert=Nick_Messe
http://EzineArticles.com/?A-Family-Law-Attorney-is-a-Great-Help-to-Seniors&id=4639839

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