Child Support vs. Alimony

Sunday, May 10th, 2009

Divorce is not just an emotional issue; it’s also an economic one. A good divorce attorney will save you more money than you realize. On the other hand, a bad one will cost you thousands just on the initial settlement.

Many financial issues revolve around the actual agreement for divorce. And the two main ones are child support and alimony. Child support payments are not deductible by the payer and not taxable to the payee.

On the other hand, alimony payments are completely different. These payments are deductible by the payer and taxable to the payee.

Fixed payments for child support are not considered as alimony. These are separate payments ruled by the divorce court as support for the child. Each state has guidelines that describe the inclusion of child support. Most of the time, the parent is willing to commit more support for the child than what’s required by the state.

But if the parent has very little income, then child support will be prioritized more than alimony. One important principle in divorce law mentions that the child’s best interest is more important. Therefore, alimony is discussed only after the needs of the child have been provided for.

Child support expenses include electricity, rent, food, and other general expenses needed to take care of your child such as repairs, laundry, and transportation. To make sure that your child is well provided for, ask the help of an experienced divorce attorney to guide you through the complicated divorce proceedings.

Tags: alimony, child support, Divorce, divorce attorney
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Final Divorce Order Changes

Saturday, May 9th, 2009

A divorce decree is often referred as “final decree” or “final order” in a divorce case. However, many aspects of this decree can still be changed under certain circumstances. Generally, if there are significant changes in the circumstances of either party, it can warrant a change in visitation order or custody. However, some states place restrictions on the reasons or number of times that any party can request a change.

For example, the non-custodial parent may petition the court to temporarily suspend or at least reduce the child support obligation if he or she loses his job. At the same token, if there is an increase in his or her income, the other party may petition for an increase in child support.

Also, if the existing visitation schedule is already unworkable (i.e. the parent moves or the child becomes involved in a new activity), then it can be modified too. The court retains jurisdiction for cases with minor children involved. It has the power to enforce visitation, custody, and child support orders through contempt actions.

To learn more about divorce modifications, ask a divorce attorney in your area. An attorney can explain to you how divorce laws may affect the process of modifying your final divorce decree.

Tags: attorney, child support, court, custody, Divorce, divorce attorney, visitation schedule
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Is this Arrogance of Judicial Power?

Sunday, May 3rd, 2009

Last week, Attorney Nancy Murphy had a busy day in court and just planned to arrive home for dinner and tuck her kids in bed. However, the family law attorney was stunned when she was handcuffed and taken to a filthy cell to spend the night.

Murphy said that she has no idea why Judge Mark Lopez, Cook County Associate, held her in contempt and ordered the guards to throw her in jail. All she remembers was that she was in Daley Center, specifically in Lopez’s courtroom, and representing a client seeking for child support payments.

Then, after the hearing, she filled out a form containing the rescheduling of the case for July 9. Lopez needs to sign this document so he took it to his chambers. When he came out, he said something about the document and told the sheriff to take her into custody.

The confused Murphy was handcuffed while Lopez wrote that he’s holding her in “direct civil contempt” because she ignored the court’s direct instruction on what to include in the document. As a result, Murphy was strip-searched and spent one night in jail.

Meanwhile, a divorce attorney who regularly practiced in Lopez’s courtroom was quoted to describe the judge as “courteous” and “extremely professional.” On the other hand, Professor Len Cavise of DePaul University advised that if the allegations of Murphy are true, then this is an example of “arrogance of judicial power,” and this judge must be disciplined by Illinois Supreme Court.

Tags: attorney, Cook County, divorce attorney, family law, Illinois Supreme Court, Judge Mark Lopez, Nancy Murphy
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Your California Divorce Questions Answered

Monday, April 27th, 2009

In California, at least one spouse needs to be a resident for six months before the couple can qualify for a divorce. However, there is a way for you to get California divorce even if your residency is less than this. Simply talk to a divorce attorney to find out how this can be done for you.

To help you further, here are some questions and answers that will shed light on California divorce:

• Should it be automatic for a couple to go to court if they want a divorce?

No, majority of cases can be carried out by just negotiating a deal with your spouse. However, if you cannot agree on certain issues, then it’s imperative for you to settle in court.

• What’s the difference between mediation and collaborative divorce?

Mediation involves a meeting between you and your spouse together with a trained mediator. This can be done on the phone or in person. The mediator is usually a knowledgeable divorce attorney who can work with you and your spouse and answer all your legal questions.

On the other hand, collaborative divorce involves two attorneys (one for each of the spouse) who will meet with them individually and advise them separately.

• How long is the timeframe of the divorce?

In California law, six months is the minimum requirement before you can be a legally unmarried person. Of course, you can also take longer than that. However, if the divorce was not competed within five years, the court usually closes your case.

Tags: attorney, attorneys, California, California divorce, collaborative divorce, Divorce, divorce attorney, mediation
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