May 22, 2012

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Alimony and Child Support

May 16, 2012 By Leave a Comment

By Daniel Iuculano -

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

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

Key Financial Issues: Child Support

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

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

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

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

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

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

Key Financial Issues: Alimony

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

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

Seeking Legal Advice

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

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

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Paying Child Support While In Prison

May 8, 2012 By Leave a Comment

By Clifford Young -

When a divorce arises between parents the problem of child supports will also arise. Imprisonment of any party especially if he/she is the non custodial parent is a very big problem that will arise in any court order regarding paying child support while in prison. When a non custodial parent is imprisoned he/she must notify the court for some modification and one of the main reasons that the support will be stopped. When they did not notify the court all the parties involved will suffer, but most of all the child is the one who will be affected by this problem.

Paying child support while in Prison is one problem that must be dealt with in court if it arises. Even if, in some states the judge is allowed considerable leeway in settling the actual amount this can be a very big problem because it’s really difficult to determine the proper amount if the party is in prison and no income is available for support. When this happens the parties involved must notify the court at once for some modification due to changed circumstances, most of all if it involves income or monetary value. When this happens the court must involve some guidance councilor to give advice to the parties especially the child who is the most important party being affected.

Child support while one party is in Prison must be given preferable attention especially when determining who will be paying child support while in Prison and who will be the non custodial parent by reviewing some aspects like the needs of the child, including health insurance, education, day care and special needs, the income and needs of the custodial parent, the paying parent’s ability to pay and most of all the standard of living of the child before divorce or separation. When a court sets child support, it often considers the family’s pre-divorce standard of living and attempts to continue this standard for the children, if feasible. Courts are aware of the difficulty maintaining two households on the income that formerly supported one home. Maintenance of the same standard of living of the child is more of a goal than a guarantee. In some manners this is a crucial job that they must do.

It’s not really a guarantee that child support based on the previous standard of living can be maintained but the court will really try their best to give that. Unfortunately when this unavoidable circumstances happens like the imprisonment of one party especially if he/she is the custodial parent they cannot do anything but accept the truth that child support is already impossible to be realized and so the act of paying child support while in Prison.

Clifford Young is an accomplished niche website developer and author. To learn more about paying child support while in prison, please visit You and Your Child’s Relationship Today for current articles and discussions.

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Benefits To Raising Children In Arizona

May 2, 2012 By Leave a Comment

By Manuel Wiggins -

Childcare plays a main task when it comes to giving help for the custodial parent’s child or kids. Nowadays, a functioning one parent ought to offer for there kids the finest way probable. The Division of Arizona Child Support Enforcement (DCSE) supports custodial in addition to non-custodial parent launch, bring together, and implement kid support expenses.

Applying for Child Support Laws

Kid support facilities are presented to custodial as well as non-custodial parents. These facilities offer the custodial parents help launching parenthood and kid support, situating non-custodial parents, as well as implementing the Arizona kid support rules. These facilities are mechanically offered for families who are receiving public assistance on the Temporary Assistance to Needy Families (TANF) plan. Parents who aren’t under the plan can even get free amenities from (DCSE) by completing a request to have kid support implementation services offered for you.

When completing the request, be ready to offer details like the non-custodial parent’s complete name, the address, and a SSN, an address of their fresh owner, details on the non-custodial parents proceeds or some property they might get.

Establishing Child Support laws

While launching kid support, DCSE agency will act with custodial as well as non-custodial parents. While kid support is recognized, the court will decide the quantity of cash a non-custodial parent will give every month. The court will too determine that parent will offer medicinal assistance for child or kids.

Enforcing Arizona Child Support Laws

While the non-custodial parent ignores paying there kid support compulsions, Arizona DCSE will implement numerous ways to inspire the parents to compensate. These ways contain profits withholdings; latest employ reporting, liens in opposition to some assets they might have, deferment of driver’s certificate, ID denial, and interception of whichever the lottery winnings. There are numerous other ways also to implement the Arizona kid support regulations.

Modifying Child Support Laws

While conditions turn up like if parents are unwaged from their work, they can apply for a kid support appraisal. The application must be completed in writing as well as have a suitable motive as regards why the appraisals must be observed by the courts. It can take about 6 months sooner than mothers and fathers will understand result of the kid support adjustments.

So you got to be sure that sometime or the other you got to pay attention to the requirements of children and give in lots of time to their emotional and physical needs and requirements, which will ultimate build up their confidence level without too much of a problem and in long life help them to grow with lots of confidence and fun to take on the challenges of life with no worries.

Manuel Wiggins is an accomplished niche website developer and author. To learn more about raising children [http://firstbabyonline.info/help-your-baby-speak-better] visit First Baby Online [http://firstbabyonline.info] for current articles and discussions.

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Child Support Obligations During Bankrupt

April 24, 2012 By Leave a Comment

By James Witherspoon -

Individuals who declare bankruptcy may hold the belief that all of their debts will be wiped away. Unfortunately, this is not always the case. One debt that many bankrupted individuals are left with is child support in arrears.

Child support in arrears simply means past due payments. In other words, the individual has failed to keep current on support payments to his or her child’s custodial parent. When individuals fail to pay these obligations, they are not simply forgotten; a balance accrues.

After a while, this balance can get out of hand, leaving individuals with thousands of dollars in debts. Often times, the only way to recover from this massive debt is to declare bankruptcy. There are many important things about the relationship between bankruptcy and child support.

For one, as previously mentioned, child support debts, and future payments, do not go away. There is no automatic stay on these types of payments, as there is on other required payments. As such, individuals are required to keep current on these payments even when they are trying to repair their finances.

Additionally, since child support in arrears does not go away, individuals will still need to raise the money to pay off their obligations. An individual cannot work out a payment plan or settle the debt as he or she can with other debts.

It is important to note that after past due payment have been paid in full, individuals may be able to petition for support modifications. In these cases, individuals who have declared bankruptcy may be able to reduce the amount of future payments.

To learn more about the relationship between required payments and bankruptcy and what you are accountable for, discuss your case with the Arizona bankruptcy attorneys of the Harmon Law Office, LLC, today.

James Witherspoon

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

April 12, 2012 By Leave a Comment

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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A Look At A Child Support Law Firm

March 23, 2012 By Leave a Comment

By Anna Woodward -

A child support law firm is the place to turn to if you are getting divorced and have issues pertaining to your child and payments that need to be worked out. A lawyer at this facility will be able to help you with the arrangements you need to make in regards to your child or children.

Child support is support that is ordered by the court and it is paid by the parent who does not have custody of the children (known as the non-custodial parent) after the couple has gotten a divorce. Another way of putting it is to say that it is money that a parent must use for the health and well being of the child. The money helps to pay for the child’s care, as well as the education and support of the child. The child support law firm will help to figure out all of the details concerning how much support is to be paid to the custodial parent for the children and when it will be paid.

Once the support for the child has been set it remains in place until the child reaches an age to which it is no longer required. However it can be modified if a change takes place in the financial situation of either the parent that pays or the parent that receives the support money. For instance if a parent losses his/her job or finds a higher paying position this can be cause for adjustments to be made. If the educational expenses of the child go up this will be taken into consideration by the courts. Any type of financial alteration should be brought to the attention of the child support law firm and from there modifications can be put into effect.

Following a divorce many parents are very worried about issues surrounding child support. A lawyer at a child support law firm can answer all of the questions that you might have and can help to allay your anxieties and fears. Both parents want to resolve the question of who will get custody of the children, what type of custody arrangement will be made and how will the support for their child be distributed. The court takes the best interest of the child or children into consideration and also wants to be as fair as possible to both parents.

When parents are together and married there is no need to have a discussion about who supports the child financially because the family is coherent. However when a couple dissolves their marriage then their property and money become separate and it is necessary to determine who will make payments. These payments are essential and are geared at providing the children with the same level of financial security that they would have if their parents were still married.

Finding a the appropriate lawyer can provide you with all of the information that you need in regards to this important matter. Those who work at this type of law firm are qualified and experienced in all of the laws regarding child support and can offer you the assurance you need. They can also offer you the guidance and support to help you meander your way through this difficult period of time.

A Lorain child support law firm can provide you with professional and knowledgeable legal counsel. For more information, visit: http://www.attorneykocsis.com/

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Ramifications of Not Paying Child Support

March 12, 2012 By Leave a Comment

By Kathryn Lively -

Statistics have shown that nearly fifty percent of marriages in the United States unfortunately end in divorce. As such, one will find that many involved in the dissolution of their marriages are required by court order to pay child support. Children born out of wedlock, too, may receive regular payments from a non-custodial parent, though regardless of how a child comes to need financial support it is not always guaranteed that the parent ordered to pay will do so. The ramifications of not paying support may prove cumbersome for all involved.

To better understand why it is in one’s best interest to pay child support when legally obliged, we should consider why such financial aid is assigned to parents or guardians. Regardless of whether the parents of one or more children have been married, each is obligated to see to the care of any minors in their care. Typically when custody is awarded to one parent who sees a significant increase in costs (coupled with a decrease in household income), the non-custodial parent may be ordered as a result of divorce proceedings or other legal judgment to pay a set amount designed to assist in the child’s welfare. How much a mother or father pays a month can depend upon the needs of the child, the income bracket of both parents and other considerations.

Consequent hearing and / or negotiations may work in later years to lessen or raise the amount of money a parent must pay. Should the custodial parent re-marry with the new spouse assuming guardianship of the child, for example, child support payments may decrease or disappear altogether. Payments normally are made until the child reaches legal age.

Should a non-custodial parent cease paying support, either because he/she is unable to or simply neglects his/her duty, the debtor risks a number of consequences which range from dealing with collections to serving jail time. A parent owing child support may find his or her personal and financial records seized, wages garnished, and / or a lien may be placed on his/her property until proper payment is made. Any parent dealing with a former spouse or partner who is delinquent in support payments may find it a challenge to get what is needed, particularly if the debtor leaves the state. The assistance of a good attorney can help win back what is legally owed.

If you are in a situation where child support is owed to your children, work with a reputable lawyer to make sure payments are fair and consistent.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

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Child Support Hurdles for Fathers During a Divorce

February 21, 2012 By Leave a Comment

By Brad Hart -

Divorce is a hard time in anyone’s life, but when a child is involved, the emotional and legal turbulence becomes even worse. When the father is getting divorced, child support payments will often be discussed in court. Before the court appearance, there can be a lot of gray areas that can leave you wondering how much you have to pay, what your rights are and if the child support payments will leave you penniless. This article will go through these issues, so you have a better idea of what will be expected of you.

Father Visitation Rights

Unless there are extenuating circumstances that are directly brought up during the court session, if you are paying support then you have visitation rights. Some vengeful mothers may try to deny this, keeping you from ever seeing your children. However, the legal system does allow you to see your children periodically, unless there is reason to fear for their safety.

One of the biggest problems with this is that, if the mother denies your visitation rights, it can be very difficult to assert this right. This normally requires more court appearances and lawyers that cost a lot of money.

Child Support Payment Amounts

There are many factors that go into determining your payments. One of the most important aspects is what state you live in, because each state has different ways of determining payment amounts.

Other factors include how much money you are making, expenses and the child’s standard of living prior to the divorce. At the same time, similar circumstances may yield very different payment values. This is because the judge and jury will weigh these factors, and different people will come to different values.

When deciding on payments, you should reveal all of your financial information. The more information you show, the fairer the payments should be.

Adjustments

Maybe you are making $1,000 a week now, but what happens if you lose your job or get demoted? This severely limits your income, so do your child support payments go down as well?

Unfortunately, this cannot be determined when the initial child support agreement is made, since no one knows if you will lose your job or if your income will decrease. Due to this, you will still be expected to pay the same amount, even if you are not making any money.

This can normally be corrected in court, if you can prove your income and if you show that you are not trying to game the system. Some fathers lie about their income, or work at places for less than a year so it does not count towards the amount, which makes this harder for good fathers that really are facing hard times. However, if you prove that you are working and show that this is just from bad circumstances, the child support will typically be decreased.

Unmarried Fathers

If you did not marry the mother of your child, then you might think that you do not have to pay child support. However, if you can be proven as the biological father, regardless of marriage, you are still required to pay child support. Marriage may have been considered years and years ago, but it is no longer a requirement for child support.

Child Support Length

There are four different factors that can cause child support to stop. If any one happens, then you no longer have to pay child support.

� The child is no longer a minor. However, if the child has special needs, then age might not be a determining factor.

� A stepfather adopts the child, which terminates your parental rights.

� The child enters the military.

� The child is legally considered an adult because he or she is self-supporting, which can occur before the child reaches 18.

There are many factors that go into determining child support, and there are also many factors that affect it after the divorce is finalized. Hopefully, you now have a better grasp on what is expected from you during this time and consider hiring a divorce lawyer.

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When Do Child Support Payments Begin?

February 9, 2012 By Leave a Comment

By Greg Tolland -

After weeks, sometimes months of deliberating you make the decision to get divorced. Among the first thing you should do is hire an attorney, then fill out your net worth statements. From there, a judge will hear your case and ultimately will grant you a divorce. Once the divorce is completed you find out you are 7 months behind in child support payments although your divorce was just finalized. You standing there scratching your head, and wondering why?

Domestic Relations Law (“DRL”) is why. It states that “such order shall be effective as of the date of the application therefore, and any retroactive amount of child support due shall be paid in one sum or periodic sums, as the court shall direct, considering any number of temporary support that have been paid.” Or put simply, once the divorce application is served, the support payments will start from that day. So, say your partner filed for divorce and you were served with papers on April 5, 2011. Your divorce was completed August 5, 2011. As of August 5, 2011, you are in arrears for four months of support payments.

In determining any child support that is owed, the judge will consider any brief support payments which you made prior to the divorce. For example, if you are in arrears $15,000.00 and you’re able to demonstrate that you are paying child aid each month for a total of $9,000.00, you are in arrears $6,000.00. What if you pay too much? Your own children will be grateful however, you will not acquire a credit. In simple terms, child income support for the year is $9,000.00 and you can show you paid $14,000.00, your spouse will not be responsible to return the extra cash.

It is imperative that you pay back all of the support you owe. The good news is, the court’s may allow that you to divide up your expenses into monthly installments in addition to the court required payments. Going back to our example, if you are required to pay $1,000.00 every month in child income support and owe $12,000.00 in backed support ($1,000.00 x 12 months) the court may allow you to break up the payments for the following year. For instance, you will still pay $2,000.00 court ordered support, in addition to another $2,000.00 a month in back child support for the first year, or in other words, that first year you will pay $4,000.00 per month.

Learning point: Retain precise records of all payments going to your partner through the divorce procedure. Often it might take around 24 months prior to when the divorce is finished, so you should always be either making payment on the child support or saving enough for whenever the day comes. Develop a paper trail very similar to you would with your taxes. Pay your husband or wife using a check to help you to have a record of every transaction. Keep in mind that if you are not the custodial spouse, you might be responsible for child support. Talk to your lawyer about potential child income support liabilities and plan accordingly. Make sure you retain the services of a lawyer once you and your spouse opt for divorce, you can never be too careful in times that requires one to surrender part of your income.

If you found this article helpful and would like to learn more about child support, contact a Long Island divorce lawyer today to safe guard your rights.

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Child Support Laws – What You Need to Know

February 2, 2012 By Leave a Comment

By Joan Baker -

Child support laws exist to protect children and parents. Single parents who are victims or abuse or violence benefit greatly from these laws, as are single parents who have amicably divorced. These payments ensure that a child or children do not become disadvantaged due to the break up of their parents. Courts have the power to issue these orders and every state has their own law.

Without financial support, single parent families would struggle to survive. A court will decide what level of support is fair and appropriate for each situation and this may differ depending on a number of factors. Judges have flexibility in most states in terms of stating how much must be paid by the non-custodial parent. A judge’s decision is final but an appeal can be placed.

The parent who earns more generally has to contribute more to the well being of the child. If the non-custodial parent earns less than the custodial parent then they will generally have to pay less child support than if they earned more. The idea is to balance the finances so that the child or children have the best opportunity for a normal life after the parents have separated. It is not only income that is taken into account when determining the support amount, but also the assets of each parent such as the family home. The ultimate aim of the law is to ensure a certain standard of living for the child that would be possible if the parents were still together.

If the non-custodial parent is unable to pay child support then the court is able to temporarily suspend the payments until the circumstances change. The parent will be encouraged to get a higher paying job and the custodial parent must then be reimbursed for the extra expenses that were incurred during the non-payment period.

In the event of split custody, a court will determine child support requirements on a case by case basis. If the child is with each parent half of the time equally then certain laws may be waived or suspended, however it is too complicated a subject to speculate generally.

Child support laws are vital if the welfare of children is to be considered once their parents are separated. Speak to your local Child Support agency to find out specific information about your state laws.

To get the 9 critical strategies for winning child custody when dealing with irrational, vindictive or abusive ex’s, click here: http://www.WinningChildCustodyStrategies.com

Joan Baker is an expert in child custody after going through her own custody ordeal, researching the laws and now helping other women going through the process.

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