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A Lawyer Reveals: How To Avoid Alimony

Alimony Lawyer — Mon, 07 Mar 2011 12:12:59 +0000

A Lawyer Reveals: How To Avoid Alimony

Charlie Sheen debuts live web show

Alimony Lawyer — Mon, 07 Mar 2011 12:11:59 +0000

Charlie Sheen debuts live web show
Actor hosts own show, “Sheen’s Korner”, on USTREAM, receiving over 100,000 views

Published Mar 5, 2011.
Read more: CBS News

Divorce Advice: Child Support And Alimony (Part 3 Of 4)

Alimony Lawyer — Mon, 07 Mar 2011 12:04:59 +0000

Alimony and child support are important aspects of a divorce case that involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. The amount of alimony that must be paid is usually based on the standard of living established and expected during the marriage, the age and health of the spouses, the obligations and assets of each spouse, the length of the marriage, and a number of other factors that may vary by state. Unlike child support, which is determined according to rigid guidelines, courts have considerable discretion in determining if they will award alimony and, if they do, the amount and time period for which it lasts.

Child support is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support may be awarded in joint custody cases when there is a significant discrepancy between the parents’ incomes. Exact conditions for eligibility of child support and guidelines for the calculation of child support vary from state to state, but generally take into consideration the needs of the child, the needs of the custodial parent, the paying parent’s ability to pay, and the standard of living the child was accustomed to before the divorce. If alimony has been awarded, that amount is deducted from the payer’s income and added to the payee’s income when child support is being calculated.

Tip #1: There is no formula for determining alimony. According to divorce lawyer Peter Paras, “Alimony is really more art than science and it, it results from a consideration of a variety of statutory factors. Courts and lawyers have to consider the duration of the marriage, the age of the parties, their incomes, their assets, their liabilities, their lifestyles, their health, [and] whether or not any of their assets generate income. These are all factors that have to be considered in determining whether alimony is to be paid and, if so, whether it’s going to be permanent, rehabilitative, or limited duration alimony and in what amount.”

Tip #2: Child support may continue after the child has reached the age of 18 under certain circumstances. Technically, the non-custodial parent’s obligation continues until the child is emancipated. “Children are emancipated at different times,” explains divorce lawyer Peter Paras. “Typically they’re emancipated when they reach the age of 18 and have graduated from high school, but emancipation is often delayed while a child finishes a higher education, such as four years of college, trade school, or something of that nature. That’s when the obligation technically ends.” Child support may also be extended beyond the age of 18 if the child has special needs. If the child has been declared emancipated by a court prior to reaching the age of 18, is on active military duty, or the parents’ rights and responsibilities have been terminated for any other reason, child support payments may be discontinued.

Tip #3: Understand that there are different types of alimony. Limited duration alimony usually applies to cases in which the marriage is too short to justify permanent alimony. Rehabilitative alimony is designed to provide financial assistance to the more economically dependent spouse while he or she becomes more financially independent by getting job training, building up work history, or furthering education. Permanent alimony is typically paid when there is a long term marriage, but it is important to note that permanent alimony is not always permanent. Divorce attorney Peter Paras explains, “Permanent alimony is somewhat of a misnomer in that it probably would be better termed indefinite alimony. It can end or be modified is circumstances change in the future.” Examples of changes in circumstances that could be grounds for the cessation of permanent alimony include the remarriage of the recipient, the death of the payer, or cohabitation of the recipient with someone of the opposite sex.

Divorce law involves many different types of issues, including preparing for your divorce, child custody and visitation, and assets and property, all of which will be addressed in this series.

For more divorce advice, refer back to Parts 1 and 2 of this series and look for the upcoming final installment:

Part 1: Divorce Advice: Preparing for Your Divorce
Part 2: Divorce Advice: Child Custody and Child Visitation
Part 4: Divorce Advice: Assets and Property Division

Originally published here.

Elizabeth Ryan

Family law: Incest, Adultery, Divorce, Adoption, Affiliation, Conservatorship, Alimony, Fathers’ rights movement, Child support

Alimony Lawyer — Mon, 07 Mar 2011 12:02:59 +0000

Product Description

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Family law: Incest, Adultery, Divorce, Adoption, Affiliation, Conservatorship, Alimony, Fathers’ rights movement, Child support

Massachusetts Middlesex Divorce Agreement Alimony Child Support Lawyers Attorneys

Alimony Lawyer — Mon, 07 Mar 2011 11:58:59 +0000

Nancy Mathews v. Thomas Mathews
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX

December 9, 1993

Contemplating divorce on the ground that there had been an irretrievable breakdown of the marriage, the parties negotiated and entered into a “Divorce Agreement” that is dated February 28, 1979. The parties recited that in executing the agreement they were “desirous of settling their respective property rights and agreeing on all other matters which are now or may hereafter become issues between them. The agreement was a detailed one, dealing with such issues as the rights and obligations of the parties in general under the agreement, the disposition of personal property, alimony, child support, life and medical insurance, educational expenses of the child, and custody and visitation.

Issue:

Did the plaintiff can enforce against the defendant certain provisions of a Divorce Agreement in a contract action?

The Court finds that the agreement itself does not explicitly address the question whether the agreement is to survive the judgment of divorce as a separately enforceable contract; it says neither that it shall nor that it shall not. In the present case, the parties have submitted an agreed statement of facts, including copies of the divorce judgment and a master’s report which that judgment confirmed. The master’s report in particular sheds further light on the parties’ intentions with respect to the survival or not of the agreement. The Court further states that if only the Divorce Agreement itself can be consulted to determine whether the parties intended that agreement to survive as an independent contract, then under DeCristofaro’s holding, the agreement would survive. But if, applying the Parrish rule, it is proper to look outside the Divorce Agreement itself to other evidence of what the parties intended, then on the agreed record, specifically the master’s report, it appears that the parties struck out a provision that would have caused the Agreement to survive, and this must be taken as an expression that they did not wish it to do so.

Accordingly, this court ruled that the wife could not enforce the divorce agreement in a contract action, and the husband’s motion for summary judgment in his favor was allowed. The wife’s cross-motion was denied.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Originally published here.

Atchuthan Sriskandarajah

Riverside Family Law Attorney – Prenuptial Agreement

Alimony Lawyer — Mon, 07 Mar 2011 11:58:59 +0000

San Bernardino Divorce and Family Law Attorney Bill Edgar discusses what can and cannot be included in a prenuptial agreement and how it can affect a divorce and property division. TheLaw Office of H. William Edgar handles divorce, child custody and support, spousal support, property division and many other issues that arise from a dissolution of marriage. You can contact Mr. Edgar at www.RiversideFamilyLawAttorneys.com or by calling (866) 902-5290.

Divorce Lawyer NYC Settles Your Law Case Considerately

Alimony Lawyer — Thu, 26 Aug 2010 20:00:59 +0000

At different moments in our life we experience different emotions and no individual can escape from this rich plethora of emotions. Marriage unites two souls together along with this it also brings together their families together. Nonetheless, if the couple wants to separate from each other then the happiness experience at the time of marriage turns into a harrowing experience while getting divorced and to overcome this time is equally traumatizing for the family members too. With such a state of mind the individual loses their rational self to make right decisions in life and in such a situation they require expert guidance to get them out of this situation and assist them in the proceedings of divorce. At such a crucial time in your life divorce lawyer NYC is your safest bet.

The kind of relationship that prevails between clients as well a lawyer is extremely sensitive and thrives wholly on faith. The client requires instilling his complete trust in the lawyer so that he can hand over the case. While searching for a divorce lawyer NYC it is very important to appoint a lawyer who is proficient and skilled in his task. The best ways that will assist you in your endeavour to find a competent lawyer is carrying a search over the internet, yellow pages or through suggestion of the past clients. Subsequent to tracking the success rate of the lawyer you will surely be able to place your trust in him along with cementing the client as well as the lawyer relationship.

The laws of divorce show a great variation from one state to another. So, familiarizing yourself with lawful terms as well as conditions becomes extremely important prior to filing for a divorce case. If you are positioned in New York City then skilled and efficient Divorce lawyer NYC will surely be well versed with the legal factors associated with the divorce which will make your case even stronger. The complicacies involved in fighting a lawsuit are best understood by the divorce lawyer. By leaving your case in well experienced as well as competent hands your chances of winning the lawsuit doubly enhances.

A divorce lawsuit comprises numerous hurdles and issues that are required o be resolved such as splitting up of assets along with the alimony that has to be paid to the spouse. All such monetary details require to be handled carefully, so that they can be sorted out in the best possible way and a divorce lawyer is the best person to handle it. The complexity of the situations gets further aggravated if children are also involved and decisions have to be taken regarding the custody of the children. The divorce lawyer who is extremely competent will do the best things in interest of his clients and negotiate the proceeding accordingly. So appoint a divorce lawyer who besides being your legal guide also renders you moral back up as well and gives you enough strength to carry yourself with strength through the case proceedings.

Originally published here.

Damyel Flower is an experienced consultant on divorce matters. He has consulted successfully on thousands of divorce cases as well as cases for Art Law etc. He consults exclusively for MTLLP. Get services of Art lawyer New York, Divorce Lawyer NYC, Prenup lawyer New York at www.mtllp.com

Celebrity Divorce Lawyer Raoul Felder discusses marriage

Alimony Lawyer — Thu, 26 Aug 2010 20:00:59 +0000

Infamous divorce attorney Raoul Felder sits down with LX.TV host SuChin Pak to discuss his celebrity clients, the perfect pre-nup, and what he thinks makes a marriage work.

How To Divorce Without A Lawyer

Alimony Lawyer — Wed, 25 Aug 2010 19:50:59 +0000

It is a fact that not all marriages end with happy endings. Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. In many states it is legal to get a divorce without representation. If you have limited or no assets and no children or dependents, it may the way to go as you’ll save money in attorney and court costs.

Not all couples are advised to file for a divorce without a lawyer because there are some conditions that must be met in order to do away with the need of a lawyer.

There is now available a method to deal with a divorce without a lawyer or an attorney. The process is termed as the Pro Se divorce. To be able to use this process, there are certain conditions that both parties must meet. Both parties must not question any demands from the other party and they both must agree to the terms set by each other.

If the couple has children, they should be of legal age and must not be connected with the case. When filing for a Pro Se divorce, any charges to the other party like debts, physical and mental abuse, or other criminal acts must not be present.

Both parties should also be financially stable after the divorce so that there will be no discussion about financial supports to the other party like alimony.

If the couple has a common asset or a set of properties, they must both agree to the distribution of these assets. If the couple does not agree on a detail about the property split, then they should ask a lawyer to assist them so that they won’t not need to go through a Pro Se divorce.

The Advantage of Divorce Without Lawyer

Hiring a divorce lawyer is an expensive business. Therefore, a divorce without a lawyer saves both parties a lot of money when it comes to lawyer’s fees. However, it would be a good idea if you know all the legalities of this type of divorce before you initiate the proceedings. You should have a clear idea about all the documentation work and the kind of information that will be needed.

Handling your own divorce without lawyers involved really isn’t that difficult. Once you’ve resolved the big questions of child custody, money, and property all that remains is to file the divorce form.

In many state’s you don’t even have to appear in court for an uncontested divorce. Many courts try to make it really easy to go through the whole process of divorcing without a lawyer.

Although getting a divorce without a lawyer may seem like a daunting task with all the paperwork to be furnished and all legalities that need to worked upon, it is not that cumbersome, as you do get help from the courthouse offices. Plus not to mention the amount of time and money one will save.

More info about lawyer here, How To Be A Lawyer

Originally published here.

NC divorce, custody, alimony and support information

Alimony Lawyer — Wed, 25 Aug 2010 19:50:59 +0000

Discover NC divorce, custody, child support, alimony, property division, domestic violence and other family law information. The place for Weddington, Waxhaw, Marvin,Monroe, and Matthews to discover the basics of family law issues.