Family Attorney

In the event of divorce, it is common for emotions to run high. As a result, it can be difficult to come to a compromise on many issues, including child support. However, you go through the process and agree on an amount. Things are copacetic for a while and then something changes that affects the amount you can pay or the amount you need to care for your child. What do you do? The below information should help you to understand circumstances that warrant modified monthly payments for established child support orders.

What justifies modified child support payments?

When life throws you a curveball you may have options. The amount a parent pays in child support is determined by state law. Although states may vary in their method of calculating the initial amount of child support, most have an established system that allows the court to adjust the monthly payments as long as it is amicable to both parties and/or a judge rules on a revised amount. In fact, most states agree that there are circumstances in life that significantly alter the needs of the child and the financial circumstances of the parent. In child support cases, most states base the original amount on what the paying parent can reasonably afford and what the receiving parent will need to ensure that their child or children are able to thrive. As time moves on, however, those situations change. Therefore requiring a change in the originally agreed upon child support order. The list below highlights some of those circumstances.

• Illness or injury that impacts the income of either parent- in the event that either the paying or receiving parent’s health is impacted and he or she is unable to conduct daily responsibilities as they once were, he or she may qualify for a modification in the monthly child support payments.
• Change in employment- if the income of either parent significantly increases or decreases, the monthly amount that he or she is able to pay will naturally change. In the event that the paying parent changes jobs for a lesser salary, he or she may not be able to pay as much. Conversely, if the receiving parent gets a promotion, he or she may not need as much support for their child or children from the other parent.
• Your child’s medical needs have changed and there are additional medical bills. If your child has an accident or receives a diagnosis that changes the cost for his or her daily care, the original child support agreement should be looked at and a modification may be necessary.
• As your child gets older, expenses increase. Naturally, the needs of a six year old are much different and less expensive than that of a seventeen year old.
• The paying parent has another child- Having another child may qualify for a reduction in child support, however, state laws do differ on this point.

How do I request a modification?

The most ideal way to request a modification in your child support agreement is to work directly with your former spouse. If that is not a possible solution, you will need to file for a motion to modify the original child support order and will go before a judge. It may be in your best interest to seek the advice of a family attorney Tampa, FL trusts who understands the nuances of your state’s laws, child support and family issues, as well as all the paperwork associated with the request for a modification.  

Thank you to our friends and contributors at The McKinney Law Group for their insight into child support.

Family Law Lawyer

Divorce is never easy. Even under the best circumstances where each person agrees divorce is the right decision, there can be plenty of changes soon to come that can be painful to process. This may be especially true for those couples who have children or pets together, and must now decide how time shall be shared. There are an abundance of articles out there on the web that talk about how to get through a divorce. With so many opinions and thoughts being strewn your way, it can be even harder to figure out how you feel amidst all that.

Here in this article, we have aimed to simplify how to deal with divorce and make it as smooth of a process as possible. Please read further for some advice that hopefully resonates with what you may be going through. We have provided information through a question and answer format:

Should I get support from an attorney during the divorce process?

It can be immensely beneficial for people going through divorce to get advice and representation from a qualified family law lawyer Rockville, MD trusts. Divorce can quickly become a sticky mess as property, child custody, monetary awards, spousal support or other aspects of your former marriage must be delegated. It can take a substantial amount of stress off a person’s shoulders if they have a legal professional to support them along the way. An attorney can become particularly useful in situations where your soon to be former spouse is being challenging, hostile or unresponsive during the steps towards divorce. A legal professional can offer words of wisdom to help you navigate such uncomfortable scenarios.

What can I start doing to get more ready for what is to come?

Perhaps one of the scariest things about divorce is the fear of the unknown. Now that you must create a new life, it can be frightening to imagine thinking about oneself instead of as a two-person unit. Here are just a few ways you can start to get ready for the process of divorce:

1. Start incorporating more self-care into your daily life

2. Establish a community of friends and family who can support you during the transition and grieving

3. Eat proper food so your body has the strength and nourishment to handle stressful conversations or tasks regarding your divorce

4. Practice healthy methods of coping that do not include excessive alcohol, drug-use or other self-medicating behaviors

5. Spend time outdoors in nature and with the people you love

Should I consider going to therapy as a way to deal with the divorce?

It is not uncommon for a person to consider going to therapy as a way to cope with a divorce. When we get married to someone, we usually anticipate it lasting forever. So when it does not last as long as we had intended, there can be a mix of unpleasant feelings that should be expressed. Many people find therapy therapeutic, as a therapist is there as an unbiased and non-judgemental person who can assist you in healing from the grief and heartache.

Thank you to our friends and contributors at Daniel J. Wright for their insight into divorce.

Family Attorneys

It’s possible that you will receive alimony in a divorce, child support is likely to be included if you have children from the marriage. It may be complicated to tell the difference between the two if you are receiving both in a divorce settlement. It’s important to note that there is a difference between the two as they serve different purposes, and possibly seek the counsel of experienced family attorneys Tampa, FL residents trust.

Child Support

When a custody agreement is reached, one parent will become the custodial parent, meaning the child will spend most of their time living with them. Child support will be paid to the custodial parent by the noncustodial parent for the care of the child. Child support helps to pay for things such as: daycare, food, clothing etc. Usually, a non custodial parent is responsible for making custody payments until the child reaches the age of 18, and in some cases, even 21.

Alimony

Alimony, also known as spousal support, is when one spouse is financially obligated to the other. Alimony can be received regardless of whether there are children involved. Spousal support can be received in payments made over time or in one lump sum to the spouse who earns less money. Alimony is put in place to help a spouse maintain their life despite a separation. There are some situations in which a spouse may have not worked because they stayed at home to take care of the children. When this occurs, alimony is awarded to them to help take care of themselves in the way that child support is designed to help care for the children. While the rules vary depending on the state you live in, alimony payments are usually halted when the dependent spouse moves in with someone else or is remarried.

Key Differences

• Alimony is for the spouse while child support is for the child.

• Alimony is awarded regardless of whether or not there are children involved.

• There are serious implications to being late or missing child support payments, it is even considered a crime in some states.

• Alimony is received by the person who earns lower wages whereas child support can be paid by the lower earning person.

• Child support is not taxable while alimony is taxed as it is a type of income.

The court is expected to consider what is best for the child, including being taken care of financially so that the child doesn’t suffer as a result of the parent’s divorce. The spouse that primarily takes care of the child will receive support so that both parents are supporting the child and some of the weight is taken off of their shoulders as the primary parent.

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Thank you to our friends and contributors at The McKinney Law Group for their knowledge about family law.

Divorce Lawyer

No one thinks that they will get divorced when they say their vows, but it happens all too often. Not matter what caused your divorce, it can be one of the most difficult events of your life. You are forced to make a lot of important decisions in a short time frame, which can be incredibly stressful. However, it’s important to remain calm and understand that your actions can affect the outcome of your divorce.  It is also extremely important to have a lawyer, who understands family law.

Here are the do’s and don’ts of divorce:

Do Disclose All of Your Assets

It is important to be completely honest in regards to your assets. If you lie try to hide a bank account or another asset, it can negatively affect the outcome of your divorce.

Do Cut Down On Your Spending

It should be no surprise that getting a divorce isn’t cheap. Attorney fees, extra gas for trips to court for hearings and attorney meetings will definitely add up after a while. That’s why it’s a good idea to cut down on your spending for now. Look at your monthly expenses and look at what you can realistically cut out, such as eating out and trips to the nail salon.

Do Keep Your Children’s Best Interests in Mind

Divorce can be extremely tough on children, so it is critical for you to be there for them. Let them know that you and your spouse still love them and will always take care of them. Encourage them to talk about their feelings with you. Refrain from talking poorly about your ex in front of the kids, no matter how angry you are with him or her. Doing this will just make your kids feel worse.

Don’t Go Against Court Rulings

Throughout your divorce, a judge will likely making several rulings, such as which parent will have to pay child custody. It is important to follow these rulings. Otherwise, you could face fines and even imprisonment. If you feel like a ruling is unfair, talk it over with your family lawyer.

Don’t Get Into a New Relationship

When you’re going through divorce, you may feel hurt and lonely, so it’s natural for you to crave a new relationship. However, it isn’t advisable to get into a new relationship right now, as it can negatively affect your settlement. It’s also important to give yourself plenty of time to recover from your divorce before you jump into something new.

Don’t Go Without Legal Help

Having the right family lawyer by your side is invaluable during a divorce. A lawyer can stand up for your legal rights, protect your best interests and prevent you from making rash decisions. He or she can also communicate with your ex on your behalf and improve your chances of getting a fair settlement.

Many divorce lawyers offer free initial consultations. Schedule a consultation with one today to discuss your case in detail.

Divorce Lawyer

Divorce can be one of life’s more significant events. Although the rate for divorce is high, it is still an extremely painful process for everyone involved. With about one-third of divorces occurring within the first five years when couples usually begin to start families, breaking up can become even more stressful and heartbreaking. Besides the high level of stress, legal processes with a divorce lawyer and emotions that deal with divorce, one may feel a whole new set of emotions linked to the aftermath of piecing their life back together again.

It is imperative to realize that things will get better over time and that you are not alone. Visiting a therapist to discuss your divorce can help you and your spouse, and your children, or just you, get through the stress of it all and the events following the divorce.

Counseling By Stage of Marriage

Marriage counseling is typically utilized to help a relationship work through troubles in an effort to strengthen the bond and prevent a break up. A therapist can help with communication and conflict resolution skills to reinforce a couple’s relationship, but if the issues are too strong, then divorce may be the best way to go. Thankfully, a therapist can also ease a couple into and out of the transition of divorce.

1. Pre-Divorce

Attending therapy at this stage can help with effective and civil communication from the beginning of the process. This is important especially if there are children because a healthy, civil divorce is best to help them ease into the transition as well. The children shouldn’t have to be exposed to too much negativity. Counseling before the proceedings can also be helpful to deal with parenting issues related to the break up and give your children a platform to express all their feelings.

2. Post-Divorce

Regardless of the reasoning, a divorce can affect you and those closest to you in profound emotional ways. Life after a divorce can be emotionally challenging and you may come to feel overwhelmed about your present and future state. A therapist can help you cope with these feelings and help you set a path back to a better state of mind.

What Benefits Can I Get From Counselling?

There are stages and steps in recovering from divorce, just like the process of grieving. Give yourself time to grieve the loss of your relationship and any future plans you may have made with your spouse. It is alright to feel, and it is important to know that you are not alone. Seek out friends and family to help you recover in addition to support groups or therapy that may be helpful to you. While your loved ones provide emotional support, your divorce counselor will be able to help you:

• Understand the stages of grief and how you are making your way through them

• Learn coping skills to deal with emotional pain

• Give the family a place to discuss their grief

• Understand the failing of the relationship and how to avoid those issues in the future.

If you do not feel like you are making progress with your grief on your own or find you are unable to move on. You could be suffering from symptoms of a mood disorder like depression and you may need to seek help. Visiting a therapist will help combat emotions ranging from mild to extreme and can catch a disorder allowing for proper treatment. You are not alone–seek a therapist to help give you coping tools and realize that it will get better.

Child Custody Lawyer

When a couple divorces, they have to figure out where the children will live and who will be the primary caretaker. Usually, the couple can make a decision themselves, either together or through legal assistance. If they cannot make a decision amongst themselves, then the court must step in to evaluate the situation and make an arrangement. The court will always act in the best interest of the children, of course.

Two Types of Custody

Physical custody is commonly awarded to a parent where the child will live predominantly. Both parents can have legal custody over the child, meaning that they make decisions together about the welfare of their child regarding schooling, health, clothing and other major decisions. Both parents holding 50-50 physical custody is not usually possible, but they usually share legal custody unless one parent is deemed unfit.

Sharing Custody

A joint custody arrangement is when a child spends around the same amount of time with each parent. People advocate for this arrangement because it seems like it will help ease the child into the new situation. However, some argue that one parent should have custody (one stable home to spend most of the time at) with a generou visitation agreement so the noncustodial parent can participate as much as they like. Joint physical custody is extremely difficult to work out between divorced parents and it is rare that the court will allow this arrangement.

One option that is also unpopular is split custody which allows one parent to take one or more of the couple’s children and the other takes the rest. Separating siblings is not preferable, and it rarely happens.

Alternative Families

Most states elect to give sole custody to the mother when parents are unmarried unless the father brings action for a custody arrangement. Usually, a father will not win custody over a fit mother, but if something happens to the mother than he has priority over other relatives.

What the Court Considers

The court is always trying to determine the best interests of the child.  That can be difficult to determine in some cases, though the court typically examines which parent has taken on most of the responsibilities for the child’s life. If the children are old enough to tell them, the court will give them the chance to express their preference.

Though states vary on what they define as “best interest” some common factors include:

1. Mental and physical stability and health of parents

2. Religious and cultural traditions and affiliations.

3. Most stable home situation

4. Relationships with other household and family members

Consulting a Family Law Attorney

This is perhaps the most emotional portion of divorce proceedings and can get difficult as you discuss child support arrangements as well. Call today to consult with a child custody lawyer and get help figuring out a payment and visitation schedule that meets your family’s unique circumstances.

Child Custody Lawyer

Going through divorce can be one of the most challenging life events any spouse and parent may endure. During the divorce settlement with the help of a child custody lawyer Bloomington residents trust, the court will award custody based on the best interests of the child. It is natural for many emotions to arise, especially when missing your children for the days they are scheduled with the other parent. You may not see your kids every day, and you will have to find ways to cope with this new arrangement. Here we go over some ways you can help heal during this time.

#1 Find a therapist

It can be a healthy and therapeutic decision to start seeing a counselor after divorce. A therapist is an unbiased party, who can help guide you through the healing process. A mental health professional can give you advice on how to process anger, resentment, bitterness, depression, anxiety, heartbreak, sadness and many other feelings common for people who recently went through a divorce.

#2 Reconnect with friends & family

Make plans with friends and family on the days you do not see your children. This can help give you sense of connection to others and support. Isolating yourself may worsen feelings of depression and sadness. Spending time with loved ones can assist in keeping you busy too. By talking with other people, they may also have a perspective that makes your worries feel less burdensome and heavy. If you are unable to meet with friends or family, even a phone call will do.

#3 Practice self-care

The days away from your kids is when you should commit to practicing self-care. Treat yourself to delicious food, exercise, set time aside for hobbies that may have been neglected before, and find reasons to get outside. The outdoors and nature can be a wonderful way to reconnect with yourself and get your body moving too.

#4 Plan fun activities ahead of time

When missing your children, it can be helpful to have something special planned with them for the next time you see each other. This gives you something to look forward to. If it is a big event such as a birthday or other celebration, during the days you are not with your kids you can spend time making preparations. Make a list and check things off so you feel accomplished yet excited for the event.

#5 Encourage your kids to call you

Even for the days you are not scheduled to see your children, you can still call to hear their voice. Hopefully your former spouse is supportive, and also encourages your kids to call you whenever they want to.

#6 Remember that your children are with someone who loves them

Despite how terrible the marriage may have ended, or the reasons that led to the divorce, it is important to remember one thing. Your former spouse is another person who loves your children probably as much as you do. Even if the marriage did not work, your ex can still be a loving and committed parent to your kids.

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Thank you to our friends and contributors at Pioletti & Pioletti Attorneys at Law for the insight into family law.

Divorce Lawyer

Divorce is not easy, as a divorce lawyer Rockville, MD trusts knows, and most people struggle with many emotions especially once the divorce is finalized. Remember that you can and will make it through this devastating time in your life. In order to fully thrive after divorce, you have to add support outlets and a toolkit for wellness under your belt. This is a major transition and your daily routine will totally change. Seeing a therapist may be one of the best tools to utilize during this transition into a new way of living. Here we have gone over some questions to ask yourself as you start your healing, with the help of a therapist.

What Will Make You Truly Happy?

This may be a question you have not asked yourself in some time. Many partners in a marriage spend a large amount of their time focusing on the other person. Sometimes, a sense of ourselves is lost in another and we forget what makes us truly happy. A therapist can help you find this answer for yourself. Therapy sessions are entirely about you. They are not about how your family feels, the judgements of others or what your coworkers think. It is about providing an environment where you can work through emotions and find out what brings you joy again.

Are You Living in the Present?

When we are under a state of great stress, rarely are our minds actually thinking about the moment we are in. You may be replaying hurts, traumas or past events from the marriage in your mind. By practicing living in the moment, you can start to distance yourself from pain of the past. A therapist can help you talk about and work through these past hurts. Your therapist may guide you into another way of viewing what happened in your marriage, so you can slowly obtain a sense of peace and acceptance.

Are You Letting Go?

Holding onto bitterness and resentments towards your former spouse only prevents you from truly moving forward as an individual person. The divorce may have caused you to feel broken down, worn and frankly very tired. Be patient with yourself but keep in mind you have to eventually let everything go. Your therapist can assist in walking you through these strong feelings towards your ex, so you no longer carry the heavy burden of anger every day.

Are You Practicing Self-Care & Compassion?

It is natural after divorce for a person to feel a lack of confidence and compassion for themselves. You may be beating yourself up over mistakes you made in the past, heavily drinking or using another form of self-medicating drug. Talk to your therapist about any struggles you may be having with excessive drug use, in an attempt to alleviate your pain. It is important that every day you do at least one self-care activity for yourself, whether that be eating a good meal, going for a massage or spending time with someone who supports you. Your therapist can help provide solutions to drug dependencies during this time, and how you can treat yourself more kindly through forgiveness.

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Thank you to our friends and contributors at The Law Office of Daniel J. Wright for their insight into divorce.

Immigration Attorneys

Conditional permanent residence is your status if your immigration is based on the status of your spouse. What that means is if you came to the United States to marry your spouse, who is a U.S. citizen, you were given the status of ‘conditional permanent residence’. If you and your spouse are thinking of getting a divorce and you have not fulfilled specific residency requirements necessary to become a permanent resident, your status may be subject to change. It is important to contact Minnesota immigration attorneys as well as an experienced group of divorce lawyers to discuss how to preserve your immigration status during this complicated time in your life.

The status of conditional permanent residence runs for two years. Before the end of that two year period (within ninety days prior to your second anniversary) you are required to petition the United States Citizenship and Immigration Service to obtain permanent residence. Both you and your spouse must together file a I-751 petition which makes your residency permanent.

However, if you divorce prior to obtaining the status of permanent residency, it can cause serious problems with your immigration status. If your marriage is no longer valid, you lose your conditional permanent residence status and you could possibly be deported.

Timing is Critical

Because a pending divorce can jeopardize your application for permanent residency, it is imperative you start and complete the application process for residency before you begin divorce proceedings.

In certain cases, you may be able to file a waiver of the joint filing requirement if you get divorced prior to the two-year period.  The USCIS may issue an exception to the two-year rule if you can prove you truly entered your marriage for the right reasons. Note that waivers are the exception not the rule and do not count on the USCIS to grant your exception request.

How Does Separation Affect My Status as an Immigrant?

There are different types of separations. Let’s discuss each type and the effect each could have on your immigration status.

Trial Separation

A trial separation is an agreement between you and your spouse to take a break from the marriage and live apart for an undefined period of time. You are still legally married so it does not generally affect any of the legal rights of being married or your current immigration status.

Permanent Separation

Permanent separation takes the trial separation to the next level with no plans of reconciliation. In some states, a status of permanent separation could affect your property rights and possibly your immigration status. Trying to become a permanent resident when you and your spouse are permanently separated could negatively affect your application for permanent residency.

Legal Separation

A legal separation in some states is known as a limited divorce. The court states while you are no longer married, you aren’t divorced either. It is a different legal status. Sometimes couples choose legal separation over divorce to keep insurance benefits or immigration status.

If you are planning to get a divorce but are in the process of obtaining your permanent residency status, a trial separation is the least risky means of protecting your existing status.

Contact the experienced team of immigration and divorce attorneys near you to discuss your present immigration status and to avoid jeopardizing that status when considering filing for divorce.

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Thank you to our friends and contributors at JOHNSTON | MARTINEAU, PLLP for their insight into accidents.

Work Injury Compensation Lawyer

When an individual sustains a work-related injury, they are usually entitled to workers’ compensation benefits. These benefits cover all medical expenses to treat the injuries, as well as cover the lost wages from being unable to work. Wage replacement benefits are typically paid either on a weekly bases or they may be paid in a lump sum settlement.

If a spouse is injured on the job and is going through a divorce, how does the asset division affect the workers’ compensation benefits and/or settlement the injured spouse receives? This often depends on what state the couple lives in and how this addressed in the marital dissolution and workers’ compensation laws of that state.

In some states, these benefits are considered wages and cannot be included in the final division of assets. In other states, the benefits are considered a personal injury settlement and could be considered marital property, while other states could consider the settlement separate property. Your Fort Lauderdale work injury compensation lawyer can explain what the law are in your state.

There are four different ways that each state’s legal systems will choose to classify workers’ compensation benefits. These are:

Benefits treated as wages: When the court considers the benefits as a wage replacement, then these funds are considered part of the marital estate and will be included in the division of assets in the final divorce settlement. Any payments the injured spouse received during the marriage becomes part of the marital estate, however, any benefits the injured spouse received before the marriage or after the marriage ended are classified as separate property.

Benefits treated as a personal injury settlement: States that classify workers’ compensation benefits as a personal injury settlement usually divide the settlement into different sections:

• Any benefits received for both medical expenses and lost wages during the marriage are classified as marital property and become part of the division of assets.
• Any benefits received for both medical expenses and lost wages either before or after the marriage are classified as separate property and do not become part of the divorce settlement.
• Any payments received for a permanent disability, such as loss of a limb, is classified as separate property belonging to the injured spouse even if it was received during the marriage. The funds do not become part of the marital estate.

Benefits treated as disability pay: When the court considers benefits received as disability pay, these funds are treated the same way as wage replacement. Payments received during the marriage are party of the marital estate and part of the divorce settlement and those received before or after the marriage are classified as separate property belonging solely to the injured spouse.

There are some states that consider the entire amount of workers’ compensation benefits to be part of the marital estate if the right to receive benefits occurred during the marriage, regardless of how much in benefits were actually received. For example, a spouse is injured three months before the marriage ends, but does not receive a lump sum payment until after the divorce. Because the workers’ compensation claim was opened during the marriage, the entire amount of the award is still factored into the divorce settlement.

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If you were injured at work and want to make sure you qualify for maximum benefits, remember that there are workers’ compensation lawyers who can help you and provide you with more information, schedule a free consultation with a trusted workers’ compensation lawyer relies on.

Thank you to our contributors at the Law Offices of Franks, Koenig & Neuwelt for their knowledge about workers’ compensation benefits.